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HomeMy WebLinkAbout17-06 Crosspointe Center Residential & Commercial - Shawnee - Backfile} MASTER DEVELOPMENT PLAN TRACKING SHEET K (Note: The application does not need to be complete to be accepted but will not be scheduled for the PC or BOS until all items have been received.) Submission Package Comment sheets from the following agencies along with a y marked copies of the plan: VDOT Z County, Engineer It Fire Marshal AA City of Winchester Sanitation Authority GIS (Mapping) Inspections Dept. Parks & Recreation Health Department Winchester Regional Airport i� One copy of the master development plan application. .z Appropriate number of blueprint plans, colored maps, etc. to cover the PC and BOS meetings. Submission Fee Date Ld 4& 1P 1 P NOTES: TRACKING Application received Fee Paid (amount: $ Preliminary MDP heard by Planning Commission - Action taken: Preliminary MDP heard by Board of Supervisors - Action taken: a,,i�1,�'i r�"dceG� Letter to applicant regarding Board action and revisions (if required). Final MDP submitted with review agency, PC and BOS comments addressed. Final MDP signed by County Administrator and Planning Director (send two copies to applicant). Administratively approved; letter sent to applicant. { q DATE: File opened. Reference Manual updated/number assigned. D-base updated. List of adjoiners given to staff member for verification. Co One '4aek location map requested from Mapping & Graphics. Four sets of labels requested from Data Processing. QI , 68 ° d File given to Renee' to update Application Action Summary. CLOSE OUT FILE: Approval (or denial) letter mailed to applicant (*Note: Be sure Joe Wilder in Public works and Jane Anderson in Real Estate receive a copy of the administrative approval letter. Jane wants a copy of the final action letter even if, the application was denied or withdrawn.) /m File stamped "approved"/"denied" or "withdrawn." r1 Reference Manual updated. D-base updated. �VAa(�given to Renee' for final update to Application Action Summary. File in file drawer. U \CaroRCommon\Trackmg sheets\TRACKING.MDP Rev 01R1103 DATE RECEIVED FROM ADDRESS J FOR RENT FOR - -- AMT. OF CASH ACCOUNT AMT. PAID CHECK BALANCE MONEY DUE OPDER BY w � IVO. >e d r DO, I_ARS S Please note: The Subdivision/MDP plans associated with this file are located in the file room. GLAIZE DEVELOPMENTS, INC. P.O. BOX 888 WINCHESTER, VIRGINIA 22604-0888 PHONE: 540-662.2092 Fax: 540-662-8016 May 7, 2012 Eric R. Lawrence, AICP Director of Planning and Development County of Frederick 107 North Kent Street Winchester, VA 22601 Dear Mr. Lawrence: Please find enclosed a fully executed copy of the CrossPointe Tri-Party Agreement for your records. Sincerely, GLAIZE DEVELOPMENTS, INC. Elaine Markle Office Manager am Enclosure MAY 82012 FRED :f A;K COUNTY ►,aR;;P q F+FuFI "EPMEENT� __} AGREEMENT THIS AGREEMENT ("Agreement") is entered into as of the r�� of 2012, by and between GLAIZE DEVELOPMENTS, INCORPORATED., a Virginia corporation ("Glaize"), the VIRGINIA DEPARTMENT OF TRANSPORTATION, an agency of the Commonwealth of Virginia, a public body politic and corporate ("VDOT"), and the ZONING ADMINISTRATOR OF. FREDERICK COUNTY, VIRGINIA (the "Zoning Administrator"). RECITALS: R-1. Glaize is the owner of certain property located in Frederick County, Virginia, known as the Crosspointe, and more specifically identified as Tax Map Parcels 75-A-89, 89A, 91, 92, 95, 96, and a portion of 75-A-90 and 75-A-94 on the Tax Maps of the County (the "Property"). R-2. VDOT is the Department of the Commonwealth of Virginia charged with construction, operation, and maintenance of the Virginia state systems of highways. R-3. The Property was rezoned for commercial and residential uses by the Frederick County Board of Supervisors by Rezoning 13-03 in 2003, to permit the development of the Property consistently with the Frederick County Zoning Ordinance Proffers accepted by the Board in connection with that Rezoning (the "Proffers"). These proffered conditions include Glaize's obligations to make certain phased road improvements during the course of development of Crosspointe. R-4. Glaize and VDOT have engaged in detailed discussions regarding the po- tential responsibilities of the Parties in connection with the construction of major improvements to the I-81 Exit No. 310 Interchange that VDOT pro- poses to undertake at that Interchange, and as those improvements relate to the development of Crosspointe by Glaize Developments, Inc. R-5. VDOT has determined that if funds are available and allocated to the project, it intends 'to construct extensive "Phase I" Improvements to the 310 Interchange that will encompass road improvements that were proffered to be constructed in conjunction with Phase I of Crosspointe. R-6. In recognition of VDOT's construction of the aforesaid improvements, Glaize has stated its willingness to cooperate with such improvements, to grant necessary rights -of -way, and to do other things to accommodate VDOT's project. R-7. For the purposes of this Agreement, the "VDOT Phase I Improvements" shall be those referenced in the "Interchange Modification Report for Interstate 81 and Route 37 Interchange, Frederick County, Virginia, Milepost 310, revised February 16, 2007 (the "Report"). Crosspointe Phase I, II, and III refer to the phases of the Crosspointe development as it is identified in the Proffers. A copy of the Report is attached hereto and incorporated herein by reference. R-8. The Parties wish to memorialize their agreement consistently with their discussions, and to set forth the mutual promises, obligations, and commitments that each has made with respect to the work described herein. AGREEMENT: NOW, THEREFORE, in consideration of the foregoing, -the mutual covenants set forth below and for other good and valuable consideration, the receipt and sufficiency of which are hereby conclusively acknowledged, Glaize and VDOT (each referred to as a "Party" and collectively "the Parties"), intending to be legally bound, hereby agree as follows: 1. Incorporation of Recitals: The Recitals above are incorporated in this agreement as if fully set out here. 2. VDOT Obligations to the Construction of the Interchange Improvements. Page 2 of 14 0 0 a. In the event that VDOT elects to commence construction of the VDOT Phase I Improvements, then VDOT will assume, at its sole expense, all responsibility for the design and construction of the following road improvements. These improvements include certain improvements that have been heretofore proffered by Glaize but that VDOT intends to design and construct as set forth in the Recitals, above, and for the purposes of this Agreement collectively constitute the VDOT Phase I Improvements: i. The Interstate 81/Route 37 310 Interchange "Interim Improve- ments" in general conformance with the Report. 1. This will satisfy Glaize's proffered requirement to design and construct an extension of Crosspointe Boulevard in an easterly direction for 1,100 feet as generally depicted on the GDP accepted in connection with Rezoning 13-03. (Points "E" to "G" on the GDP); Proffer 14.2.1. ii. Relocated Tasker Road. 1. This will satisfy Glaize's proffered requirement to design and construct a realigned intersection of Tasker Road with the extension of Crosspointe Boulevard as generally depicted on the GDP. (Points F to G to H to J on the GDP). VDOT will construct a temporary access to re- located Tasker Road and the extension of Route 37 as part of subparagraph (2)(a)(i) above, and is presently contemplated to be the western half of an urban diamond interchange, or functionally similar design. Proffer 14.2.2. iii. Relocated Hilandale Road. 1. This will satisfy Glaize's proffered requirement to design and construct an extension of Hilandale Road from Crosspointe Boulevard extended in an easterly direction between the Phase I commercial and residential devel- opments as generally depicted on the GDP. (Points I to "H" on the GDP). Proffer 14.2.3. iv. Relocate an existing 20-inch water necessary to the foregoing improvements. Page 3 of 14 • 0 V. Improvements to U. S. Route 11 to the west of I-81. 1. This will satisfy Glaize's proffered requirement to design and construct an additional lane on southbound U.S. Route 11 between the interchange ramp intersections with Route 37 as generally depicted on the GDP. (Points "A" to 'B" on the GDP). b. The VDOT Phase I Improvements will accommodate the future upgrade of the I-81 Interchange to the ultimate interchange design as contemplated by the plans for the VDOT Phase III Improvements as they have been identified in the Report. c. The Parties agree that if VDOT undertakes the construction of the VDOT Phase I Improvements as defined herein, all segments of Route 37 within Crosspointe will be constructed in accordance with VDOT GS-1 standards, as a limited access rural principal arterial, and in the location identified by VDOT in final plans. The horizontal and vertical alignment will be agreed to by VDOT, Glaize, and the County as part of the alignment study currently being conducted by VDOT. d. If Route 37 is at any time re-classified as a parkway or boulevard -style roadway, Glaize will mirror VDOT's construction standards for such reclassified roadway for any extension of Route 37 within the property. e. Prior to the commencement of any of the work required for the VDOT Phase I Improvements, VDOT shall obtain all funding, approvals, and permits as required for the those Improvements (including permission for any off -site work that may be associated with the Improvements, and any additional costs and permits for road construction that it may undertake) from the appropriate local, state, and federal authorities. Page 4 of 14 • 0 f. VDOT shall prepare and obtain approval of all necessary Environmental Assessments or Environmental Impact Statements, or supplementations or revisions thereto including, but not limited to, the cultural and historic resource analyses necessary for compliance with the National Historic Preservation Act for the VDOT improvements within the Crosspointe property as described above under item 2.: VDOT's Obligations, and as described below under item 3.: Glaize's Obligations. This shall be done prior to the commencement of the VDOT Phase I Improvements, and the other work contemplated herein. Any environmental item(s) required for the work proposed under item 3. Glaize's Obligations, as to which VDOT lacks the authority to obtain and transfer to a third party, will be Glaize's responsibility to obtain in its name. g. VDOT agrees that for the purposes of future TIAs that may be required for Crosspointe, Glaize shall have no further responsibility for improvements to the 310 Interchange. Glaize, VDOT, and the County will enter a "scoping" agreement for future TIAs prior to construction of the Crosspointe Phase I and such scoping agreement will identify the roads and intersections to be analyzed. This scoping agreement shall be used for all TIAs that may be required in connection with the development. Any impacts identified outside the project limits shall be the responsibility of others. 3. Glaize's Obligations. a. Glaize will amend the Crosspointe Master Development Plan ("MDP") to reflect construction of Route 37 to include two, three -lane, bridges across Tasker Road and two, two-lane bridges across Warrior Drive, as the ultimate configuration of the Improvements and the construction of Route 37 through the property. It is understood that VDOT will construct the interim improvements as described in Paragraph 2, above, but that Glaize shall construct one three lane bridge at Tasker Road and a portion of the urban interchange at Warrior Drive in conformity with the timing requirements currently established in the applicable Crosspointe Proffers consistent with the ultimate plan for Route 37, as set out in the Report and prior to the issuance of the first occupancy permit for Crosspointe Phase II or when required by any amended Proffer accepted by the County. b. Should funding required for construction of the Phase I Improvements as set forth herein not be or become available, VDOT shall retain its rights to comment on any modified road plan submissions that Glaize may make to accommodate such changed. circumstances. Page 5 of 14 c. Glaize will construct the second three -lane bridge over Tasker Road in conformity with the timing requirements currently established in the applicable Crosspointe Proffers consistent with the ultimate plan for Route 37, as set out in the Report and prior to the issuance of the first occupancy permit for Crosspointe Phase III, to include construction of the second, two-lane segment of Route 37 from Tasker Road to Warrior Drive, and the remaining portion of the urban interchange at Warrior Drive. d. Glaize shall remove the interim off -ramps at Tasker Road and Route 37 within two months following the date when (a) a Traffic Impact Analysis ("TIA") is approved that demonstrates they are no longer necessary for the safe movement of traffic on Route 37 and within Crosspointe after completion of the western half of the interchange at Warrior Drive, or (b) when an off -site connection is made to Route 522 to the east, or to properties to the north or south by means of an extended Warrior Drive, whichever first occurs, and in either case (c) the development of Crosspointe has commenced. The two month removal window will be within the normal construction months of April through October and the work may carry over into a subsequent construction season if the entire two month time frame is not available in the construction season that the work commences. The interim ramp right-of-way at Tasker Road will be re -conveyed to Glaize upon the satisfactory removal of the interim Tasker ramps by Glaize and final inspection by VDOT. e. Glaize will dedicate all of the right-of-way on its property needed for the VDOT Phase I and III Improvements at no cost to VDOT, regardless whether such dedication was previously proffered. f. Glaize will further dedicate the right-of-way for Hilandale and relocated Tasker Roads, and the temporary, VDOT-installed, connection of Route 37 to Tasker Road, also at no cost to VDOT. g. Such dedications will include any additional water, slope, drainage, or temporary construction easements that may be required. Page 6 of 14 h. Actual conveyance of these interests will be based on a mutually - agreeable final design and shall be made within 30 days of written request therefor from VDOT with respect to any segment of the VDOT Phase I Improvements as to which VDOT is prepared to issue a Notice to Proceed. VDOT shall prepare the necessary plats and deeds, subject to Glaize's review and comment. All of the dedicated right-of-way not needed for VDOT's permanent improvements to the 310 Interchange will revert to Glaize after construction of those permanent improvements is complete and accepted, or any additional portions of Route 37 within the Property outside of those improvements are accepted, for ownership, operation, and maintenance. i. Glaize will retain the obligation to construct those transportation improvements not otherwise a part of the VDOT Phase I Improvements as set forth herein, consistent with the requirements of the Proffers for Crosspointe, as they may currently provide or as they may hereafter be amended. A copy of the Proffers as approved in connection with Rezoning 13-03 is attached hereto and incorporated herein by reference. 4. Consent to Design Plans: Where the Parties must agree as to a road design, none shall unreasonably withhold, delay, or refuse its consent. 5. Procedures for compliance with historic preservation requirements: a. VDOT agrees that in accordance with the 1999 Memorandum of Agreement (MOA) between the Federal Highway Administration, VDOT, Frederick County, and the State Historic Preservation Officer, VDOT will develop landscaping plans and install such landscaping to reduce the visual impact of the interchange on the Hilandale House. VDOT will coordinate the review of the landscaping plan with the Virginia Department of Historic Resources. b. Glaize agrees that as provided in Proffer15 and the referenced 1999 MOA, it will develop and implement a treatment plan to mitigate the effects of the construction of Route 37 and Warrior Drive on the Hilandale Earthwork and the site of Camp Russell. Such treatment plan will conform to the requirements and specifications identified in the 1999 MOA. VDOT will assist in the coordination, review, and approval of the treatment plan with VDHR. Page 7 of 14 6. Non -Ownership of Facilities by Others: This Agreement shall not create or establish any ownership in any part of the VDOT systems in any person or entity other than the Commonwealth of Virginia. 7. Governing Law; Venue: This Agreement shall be construed and performed in accordance with the laws of the Commonwealth of Virginia, without reference to conflict of law principles. Resolution of any outstanding claims, counterclaims, disputes and other matters arising out of, or in connection with, this Agreement shall be decided in a court of competent jurisdiction in the Commonwealth of Virginia. 8. Entire Agreement: This Agreement constitutes the entire agreement between the Parties relating to its subject matter, and supersedes all prior and contemporaneous written or verbal agreements of the Parties in connection herewith. 9. Waiver Not Continuing: The waiver by either Party of any failure on the part of the other Party to perform any of its obligations under this Agreement shall not be construed as a waiver of any future or continuing failure or failures, whether similar or dissimilar thereto. 10. No Third -Party Beneficiaries: Except to the extent that obligations or responsibilities may be assigned in accordance with this Agreement, the benefits of this Agreement shall inure solely to the Parties hereto, and nothing contained herein is intended to, or shall, confer upon any person not a party hereto any rights, benefits or remedies of any nature whatsoever under, or by reason of, this Agreement. Page 8 of 14 11. Successors and Assigns; Covenants Running with the Land: All the terms, covenants, provisions and conditions of this Agreement shall be binding upon any successors in title to the Property and are covenants running with the land. The terms, covenants, provisions and conditions of this Agreement shall not be severable from the Property or separately assignable by either Party. Glaize may not assign any portion of this Agreement without the express written consent of VDOT, such consent not to be unreasonably withheld. This Agreement or a Memorandum thereof may be recorded in the Land Records of Frederick County. 12. Termination, Default and Remedies: a. If either Glaize or VDOT materially breaches any of the provisions set out in this Agreement, or fails to observe or perform any of their respective obligations hereunder that materially affect the non -defaulting Party's rights under this Agreement, any such breach or failure shall constitute an event of default, provided, however, that it shall not be such an event unless and until the non -defaulting Party has given the defaulting Party written notice specifying the nature of such breach or failure, and, within thirty (30) days after receipt of such notice, the defaulting Party fails to cure such breach or failure. Provided, further, however, that if such cure cannot be reasonably completed within the thirty (30) day period, then the 30-day period will be extended by up to sixty (60) additional days, so long as the defaulting Party diligently takes steps to cure the breach or failure, and keeps the non -defaulting Party promptly and fully informed about its progress in effectuating the cure. b. If an event of default by Glaize occurs, VDOT shall have the right to terminate this Agreement as of the expiration of the 30-day period (or applicable longer period) provided in subparagraph a. above. If VDOT elects to terminate this Agreement, VDOT shall have no further obligation or duty to Glaize. c. If an event of default by VDOT occurs, Glaize's sole remedy shall be to terminate this Agreement and upon any such termination by Glaize VDOT shall have no further obligation or duty to Glaize under this Agreement. d. In the event that this Agreement is terminated by either party prior to the completion of the Interchange Improvements, the Zoning Administrator's certification herein shall be deemed withdrawn, and Glaize's obligations under the Proffers shall remain in effect. Page 9 of 14 1$. Modifications: No modification to this Agreement shall be binding on either Party unless it shall be in writing and signed by the duly authorized representatives of all Parties. 14. Notices: All notices to be sent in connection with this Agreement shall be in writing, shall be delivered either by hand or by mail, and shall be deemed sufficiently given when actually received by the other Parties notified or when mailed, if mailed by certified or registered mail, postage prepaid, addressed to the other Parties at their respective addresses stated below. Each Party may, by notice to the other Parties given in the manner provided for herein, change his or its address for receiving such notices. Address for notices to Glaize: Glaize Developments, Inc., a Virginia corporation. Attn: Mr. J. P. Carr P.O. Box 888 Winchester, Virginia 22604 With a copy to: Walsh, Colucci, Lubeley, Emrich & Walsh, PC Attn: Mr. John H. Foote, Esquire 4310 Prince William Parkway, Suite 300 Prince William, Virginia 22192 Address for notices to VDOT: Virginia Department of Transportation Attn: Jeff Lineberry Transportation and Land Use Director 811 Commerce Road Staunton, Virginia 24401-9029 Page 10 of 14 11 0 Address for notices to the County: Board of Supervisors of Frederick County, Virginia Attn: County Administrator 107 N. Kent Street Winchester, VA 22601-5000 15. Zoning Administrator Concurrence. a. The Zoning Administrator of Frederick County is joined to this Agreement for the purpose of confirming, as a formal determination, that construction of these improvements, whether by VDOT or Glaize, will satisfy proffered road construction improvements as preconditions to the initiation of the development of Crosspointe Phase I, and that the amendments to the MDP referenced in Paragraph 3 (a) above will be consistent with the approved rezoning for Crosspointe. b. The MDP, previously approved by the County upon condition that VDOT is satisfied, will also be deemed to have received final approval upon execution hereof. IN WITNESS WHEREOF, the Parties hereto have made and executed this Agreement as of the day and year first above written. [SIGNATURES APPEAR ON FOLLOWING PAGES] Page 11 of 14 0 E COMMONWEALTH OF VIRGINIA COUNTY OF FREDERICK GLAIZE DEVELOPMENTS, INC. a Virginia corporation By: The foregoing instrument was acknowledged before me this '-\A" day of M 2012, by J. P. Carr as Vice President of Glaize Devel- opments, Inc., authorized to execute this agreement on behalf of the firm. Q't' e, m�.2� Notary Public My Registration Number: k-51"o (AA My Commission expires " t\'S k"20 Page 12 of 14 THE VIRGINIA DEPARTMENT OF TRANSPORTATION, an agency of the Commonwealth of Virginia r By: COMMONWEALTH OF VIRGINIA COUNTY OF AtOQL6- The foregoing instrument was acknowledged before me this day of U , 2012, by nha, on behalf of the Virginia Department of Transportation. Notary. Public Registration Number: 709Q 0 (P`t My Commission expires q- 30-1 S ``��+rrrrr►rrr� A•C' RF NOTARY' �tS� * PUBLIC ;• RECs. #70826 7k sa MY COMMISSION �.ZIRIS - At7H 0 % Page 13 of 14 THE ZONING ADMINISTRATOR OF FREDERICK COUNTY, VIRGINIA COMMONWEALTH OF VIRGINIA COUNTY OF--4h}►iXk=-o The foregoing instrument was acknowled ed before me this Z� day of 2012, by as the Zoning Adm istrator. NOTARY PUBLIC REGISTRATION # 138290 COMMONWEALTH OF VIRGINIA Registration Number: 1WMY COMMISSION EXPIRES AUGUST 31, 2015 My Commission expires Page 14 of 14 vil 1E700 2 2012 �C4Pj ^FRtD�tt9 r)FVOUNTYEMMOl�I D��' EALTH of VIRC �! A� DEPARTMENT OF TRANSPORTATION 811 Commerce Road Staunton, Virginia 24401-9029 www.Virgi-iaDOT.org GREGORY A.WHIRLEY COMMISSIONER May 1, 2012 Mr. Eric Lawrence, AICP Director of Planning County of Frederick Department of Planning & Development 107 North Kent Street Suite 202 Winchester, VA 22601 Dear Mr. Lawrence: RE: Crosspointe Tri-Party Agreement Phone (540) 332-2265 Attached is a copy of the Crosspointe Tri-Party agreement that has been executed by Mr. Randy Kiser, Staunton District Administrator on behalf of VDOT. Please send a final copy of the agreement to our office once it has been executed by the County of Frederick and Glaize Development. Please advise if you have any questions. JAL:jal Sincerely, Jeffery A. Lineberry, P.E. Transportation and Land Use Director WE KEEP VIRGINIA MOVING COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 Eric R. Lawrence, AICP Director May 7, 2012 Mr. J.P. Carr Glaize Developments, Inc. 112 E. Piccadilly Street Winchester, Virginia 22601 RE: Crosspointe Tri-Party Agreement Dear Mr. Carr: Attached is a copy of the Crosspointe Tri-Party Agreement that has been executed by Mr. Randy Kiser, Stanton District Administrator on behalf of VDOT, as well as Mr. Mark Cheran, Frederick County Zoning Administrator. Please send a final copy of the agreement to my office as well as Mr. Lineberry's with VDOT once the agreement has been executed by Glaize Developments. Also attached is the approved Master Development Plan for Crosspointe. Please contact me with any questions. Sincerely, Eric R. Lawrence, AICP Director of Planning and Development Enclosures: Crosspointe Tri-Party Agreement Crosspointe Master Development Plan 107 North Kent Street * Winchester, Virginia 22601-5000 AGREEMENT THIS AGREEMENT ("Agreement") is entered into as of the of , 2012, by and between GLAIZE DEVELOPMENTS, INCORPORATED., a Virginia corporation ("Glaize"), the VIRGINIA DEPARTMENT OF TRANSPORTATION, an agency of the Commonwealth of Virginia, a public body politic and corporate ("VDOT"), and the ZONING ADMINISTRATOR OF FREDERICK COUNTY, VIRGINIA (the "Zoning Administrator") RECITALS: R-1. Glaize is the owner of certain property located in Frederick County, Virginia, known as the Crosspointe, and more specifically identified as Tax Map Parcels 75-A-89, 89A, 91, 92, 95, 96, and a portion of 75-A-90 and 75-A-94 on the Tax Maps of the County (the "Property"). R-2. VDOT is the Department of the Commonwealth of Virginia charged with construction, operation, and maintenance of the Virginia state systems of highways. R-3. The Property was rezoned for commercial and residential uses by the Frederick County Board of Supervisors by Rezoning 13-03 in 2003, to permit the development of the Property consistently with the Frederick County Zoning Ordinance Proffers accepted by the Board in connection with that Rezoning (the "Proffers"). These proffered conditions include Glaize's obligations to make certain phased road improvements during the course of development of Crosspointe. R-4. Glaize and VDOT have engaged in detailed discussions regarding the po- tential responsibilities of the Parties in connection with the construction of major improvements to the I-81 Exit No. 310 Interchange that VDOT pro- poses to undertake at that Interchange, and as those improvements relate to the development of Crosspointe by Glaize Developments, Inc. R-5. VDOT has determined that if funds are available and allocated to the project, it intends to construct extensive "Phase I" Improvements to the 310 Interchange that will encompass road improvements that were proffered to be constructed in conjunction with Phase I of Crosspointe. R-6. In recognition of VDOT's construction of the aforesaid improvements, Glaize has stated its willingness to cooperate with such improvements, to grant necessary rights -of -way, and to do other things to accommodate VDOT's project. R-7. For the purposes of this Agreement, the "VDOT Phase I Improvements" shall be those referenced in the "Interchange Modification Report for Interstate 81 and Route 37 Interchange, Frederick County, Virginia, Milepost 310," revised February 16, 2007 (the "Report"). Crosspointe Phase I, II, and III refer to the phases of the Crosspointe development as it is identified in the Proffers. A copy of the Report is attached hereto and incorporated herein by reference. R-8. The Parties wish to memorialize their agreement consistently with their discussions, and to set forth the mutual promises, obligations, and commitments that each has made with respect to the work described herein. AGREEMENT: NOW, THEREFORE, in consideration of the foregoing, the mutual covenants set forth below and for other good and valuable consideration, the receipt and sufficiency of which are hereby conclusively acknowledged, Glaize and VDOT (each referred to as a "Party" and collectively "the Parties"), intending to be legally bound, hereby agree as follows: 1. Incorporation of Recitals: The Recitals above are incorporated in this agreement as if fully set out here. 2. VDOT Obligations to the Construction of the Interchange Improvements. Page 2 of 14 0 0 a. In the event that VDOT elects to commence construction of the VDOT Phase I Improvements, then VDOT will assume, at its sole expense, all responsibility for the design and construction of the following road improvements. These improvements include certain improvements that have been heretofore proffered by Glaize but that VDOT intends to design and construct as set forth in the Recitals, above, and for the purposes of this Agreement collectively constitute the VDOT Phase I Improvements: i. The Interstate 81/Route 37 310 Interchange "Interim Improve- ments" in general conformance with the Report. 1. This will satisfy Glaize's proffered requirement to design and construct an extension of Crosspointe Boulevard in an easterly direction for 1,100 feet as generally depicted on the GDP accepted in connection with Rezoning 13-03. (Points "E" to "G" on the GDP); Proffer 14.2.1. ii. Relocated Tasker Road. r 1. This will satisfy Glaize's proffered requirement to design and construct a realigned intersection of Tasker Road with the extension of Crosspointe Boulevard as generally depicted on the GDP. (Points F to G to H to on the GDP). VDOT will construct a temporary access to re- located Tasker Road and the extension of Route 37 as part of subparagraph (2)(a)(i) above, and is presently contemplated to be the western half of an urban diamond interchange, or functionally similar design. Proffer 14.2.2. iii. Relocated Hilandale Road. 1. This will satisfy Glaize's proffered requirement to design and construct an extension of Hilandale Road from Crosspointe Boulevard extended in an easterly direction between the Phase I commercial and residential devel- opments as generally depicted on the GDP. (Points "I" to "H" on the GDP). Proffer 14.2.3. iv. Relocate an existing 20-inch water necessary to the foregoing improvements. Page 3 of 14 • 0 v. Improvements to U. S. Route 11 to the west of I-81. 1. This will satisfy Glaize's proffered requirement to design and construct an additional lane on southbound U.S. Route 11 between the interchange ramp intersections with Route 37 as generally depicted on the GDP. (Points "A" to'B" on the GDP). b. The VDOT Phase I Improvements will accommodate the future upgrade of the I-81 Interchange to the ultimate interchange design as contemplated by the plans for the VDOT Phase III Improvements .as they have been identified in the Report. c. The Parties agree that if VDOT undertakes the construction of the VDOT Phase I Improvements as defined herein, all segments of Route 37 within Crosspointe will be constructed in accordance with VDOT GS-1 standards, as a limited access rural principal arterial, and in the location identified by VDOT in final plans. The horizontal and vertical alignment will be agreed to by VDOT, Glaize, and the County as part of the alignment study currently being conducted by VDOT. d. If Route 37 is at any time re-classified as a parkway or boulevard -style roadway, Glaize will mirror VDOT's construction standards for such reclassified roadway for any extension of Route 37 within the property. e. Prior to the commencement of any of the work required for the VDOT Phase I Improvements, VDOT shall obtain all funding, approvals, and permits as required for the those Improvements (including permission for any off -site work that may be associated with the Improvements, and any additional costs and permits for road construction that it may undertake) from the appropriate local, state, and federal' authorities. Page 4 of 14 f. VDOT shall prepare and obtain approval of all necessary Environmental Assessments or Environmental Impact Statements, or supplementations or revisions thereto including, but not limited to, the cultural and historic resource analyses necessary for compliance with the National Historic Preservation Act for the VDOT improvements within the Crosspointe property as described above under item 2.: VDOT's Obligations, and as described below under item 3.: Glaize's Obligations. This shall be done prior to the commencement of the VDOT Phase I Improvements, and the other work contemplated herein. Any environmental item(s) required for the work proposed under item 3. Glaize's Obligations, as to which VDOT lacks the authority to obtain and transfer to a third party, will be Glaize's responsibility to obtain in its name. g. VDOT agrees that for the purposes of future TIAs that may be required for Crosspointe, Glaize shall have no further responsibility for improvements to the 310 Interchange. Glaize, VDOT, and the County will enter a "scoping" agreement for future TIAs prior to construction of the Crosspointe Phase I and such scoping agreement will identify the roads and intersections to be analyzed. This scoping agreement shall be used for all TIAs that may be required in connection with the development. Any impacts identified outside the project limits shall be the responsibility of others. 3. Glaize's Obligations. a. Glaize will amend the Crosspointe Master Development Plan ("MDP") to reflect construction of Route 37 to include two, three -lane, bridges across Tasker Road and two, two-lane bridges across Warrior Drive, as the ultimate configuration of the Improvements and the construction of Route 37 through the property. It is understood that VDOT will construct the interim improvements as described in Paragraph 2, above, but that Glaize shall construct one three lane bridge at Tasker Road and a portion of the urban interchange at Warrior Drive in conformity with the timing requirements currently established in the applicable Crosspointe Proffers consistent with the ultimate plan for Route 37, as set out in the Report and prior to the issuance of the first occupancy permit for Crosspointe Phase II or when required by any amended Proffer accepted by the County. b. Should funding required for construction of the Phase I Improvements as set forth herein not be or become available, VDOT shall retain its rights to comment on any modified road plan submissions that Glaize may make to accommodate such changed circumstances. Page 5 of 14 c. Glaize will construct the second three -lane bridge over Tasker Road in conformity with the timing requirements currently established in the applicable Crosspointe Proffers consistent with the ultimate plan for Route 37, as set out in the Report and prior to the issuance of the first occupancy permit for Crosspointe Phase III, to include construction of the second, two-lane segment of Route 37 from Tasker Road to Warrior Drive, and the remaining portion of the urban interchange at Warrior Drive. d. Glaize shall remove the interim off -ramps at Tasker Road and Route 37 within two months following the date when (a) a Traffic Impact Analysis ("TIA") is approved that demonstrates they are no longer necessary for the safe movement of traffic on Route 37 and within Crosspointe after completion of the western half of the interchange at Warrior Drive, or (b) when an off -site connection is made to Route 522 to the east, or to properties to the north or south by means of an extended Warrior Drive, whichever first occurs, and in either case (c) the development of Crosspointe has commenced. The two month removal window will be within the normal construction months of April through October and the work may carry over into a subsequent construction season if the entire two month time frame is not available in the construction season that the work commences. The interim ramp right-of-way at Tasker Road will be re -conveyed to Glaize upon the satisfactory removal of the interim Tasker ramps by Glaize and final inspection by VDOT. e. Glaize will dedicate all of the right-of-way on its property needed for the VDOT Phase I and III Improvements at no cost to VDOT, regardless whether such dedication was previously proffered. f. Glaize will further dedicate the right-of-way for Hilandale and relocated Tasker Roads, and the temporary, VDOT-installed, connection of Route 37 to Tasker Road, also at no cost to VDOT. g. Such dedications will include any additional water, slope, drainage, or temporary construction easements that may be required. Page 6of14 0 0 h. Actual conveyance of these interests will be based on a mutually - agreeable final design and shall be made within 30 days of written request therefor from VDOT with respect to any segment of the VDOT Phase I Improvements as to which VDOT is prepared to issue a Notice to Proceed. VDOT shall prepare the necessary plats and deeds, subject to Glaize's review and comment. All of the dedicated right-of-way not needed for VDOT's permanent improvements to the 310 Interchange will revert to Glaize after construction of those permanent improvements is complete and accepted, or any additional portions of Route 37 within the Property outside of those improvements are accepted, for ownership, operation, and maintenance. i. Glaize will retain the obligation to construct those transportation improvements not otherwise a part of the VDOT Phase I Improvements as set forth herein, consistent with the requirements of the Proffers for Crosspointe, as they may currently provide or as they may hereafter be amended. A copy of the Proffers as approved in connection with Rezoning 13-03 is attached hereto and incorporated herein by reference. 4. Consent to Design Plans: Where the Parties must agree as to a road design, none shall unreasonably withhold, delay, or refuse its consent. 5. Procedures for compliance with historic preservation requirements: a. VDOT agrees that in accordance with the 1999 Memorandum of Agreement (MOA) between the Federal Highway Administration, VDOT, Frederick County, and the State Historic Preservation Officer, VDOT will develop landscaping plans and install such landscaping to reduce the visual impact of the interchange on the Hilandale House. VDOT will coordinate the review of the landscaping plan with the Virginia Department of Historic Resources. b. Glaize agrees that as provided in Proffer15 and the referenced 1999 MCA, it will develop and implement a treatment plan to mitigate the effects of the construction of Route 37 and Warrior Drive on the Hilandale Earthwork and the site of Camp Russell. Such treatment plan will conform to the requirements and specifications identified in the 1999 MOA. VDOT will assist in the coordination, review, and approval of the treatment plan with VDHR. Page 7 of 14 6. Non -Ownership of Facilities by Others: This Agreement shall not create or establish any ownership in any part of the VDOT systems in any person or entity other than the Commonwealth of Virginia. 7. Governing Law, Venue: This Agreement shall be construed and performed in accordance with the laws of the Commonwealth of Virginia, without reference to conflict of law principles. Resolution of any outstanding claims, counterclaims, disputes and other matters arising out of, or in connection with, this Agreement shall be decided in a court of competent jurisdiction in the Commonwealth of Virginia. 8. Entire Agreement: This Agreement constitutes the entire agreement between the Parties relating to its subject matter, and supersedes all prior and contemporaneous written or verbal agreements of the Parties in connection herewith. 9. Waiver Not Continuing: The waiver by either Party of any failure on the part of the other Party to perform any of its obligations under this Agreement shall not be construed as a waiver of any future or continuing failure or failures, whether similar or dissimilar thereto. 10. No Third -Party Beneficiaries: Except to the extent that obligations or responsibilities may be assigned in accordance with this Agreement, the benefits of this Agreement shall inure solely to the Parties hereto, and nothing contained herein is intended to, or shall, confer upon any person not a party hereto any rights, benefits or remedies of any nature whatsoever under, or by reason of, this Agreement. Page 8 of 14 11. Successors and Assigns; Covenants Running with the Land: All the terms, covenants, provisions and conditions of this Agreement shall be binding upon any successors in title to the Property and are covenants running with the land. The terms, covenants, provisions and conditions of this the Property or separately assignable by Agreement shall not be severable from either Party. Glaize may not assign any portion of this Agreement without the express written consent of VDOT, such consent not to be unreasonably withheld. This Agreement or a Memorandum thereof may be recorded in the Land Records of Frederick County. 12. Termination, Default and Remedies: a. If either Glaize or VDOT materially breaches any of the provisions set out in this Agreement, or fails to observe or perform any of their respective obligations hereunder that materially affect the non -defaulting Party's rights under this Agreement, any such breach or failure shall constitute an event of default, provided, however, that it shall not be such an event unless and until the non -defaulting Party has given the defaulting Party written notice specifying the nature of such breach or failure, and, within thirty (30) days after receipt of such notice, the defaulting Party fails to cure such breach or failure. Provided, further, however, that if such cure cannot be reasonably completed within the thirty (30) day period, then the 30-day period will be extended by up to sixty (60) additional days, so long as the defaulting Party diligently takes steps to cure the breach or failure, and keeps the non -defaulting Party promptly and fully informed about its progress in effectuating the cure. b. If an event of default by Glaize occurs, VDOT shall have the right to terminate this Agreement as of the expiration of the 30-day period (or applicable longer period) provided in subparagraph a. above. If VDOT elects to terminate this Agreement, VDOT shall have no further obligation or duty to Glaize. c. If an event of default by VDOT occurs, Glaize's sole remedy shall be to terminate this Agreement and upon any such termination by Glaize VDOT shall have no further obligation or duty to Glaize under this Agreement. d. In the event that this Agreement is terminated by either party prior to the completion of the Interchange Improvements, the Zoning Administrator's certification herein shall be deemed withdrawn, and Glaize's obligations under the Proffers shall remain in effect. Page 9 of 14 13. Modifications: No modification to this Agreement shall be binding on either Party unless it shall be in writing and signed by the duly authorized representatives of all Parties. 14. Notices: All notices to be sent in connection with this Agreement shall be in writing, shall be delivered either by hand or by mail, and shall be deemed sufficiently given when actually received by the other Parties notified or when mailed, if mailed by certified or registered mail, postage prepaid, addressed to the other Parties at their respective addresses stated below. Each Party may, by notice to the other Parties given in the manner provided for herein, change his or its address for receiving such notices. Address for notices to Glaize: Glaize Developments, Inc., a Virginia corporation. Attn: Mr. J. P. Carr P.O. Box 888 Winchester, Virginia 22604 With a copy to: Walsh, Colucci, Lubeley, Emrich & Walsh, PC Attn: Mr. John H. Foote, Esquire 4310 Prince William Parkway, Suite 300 Prince William, Virginia 22192 Address for notices to VDOT: Virginia Department of Transportation Attn: Jeff Lineberry Transportation and Land Use Director 811 Commerce Road Staunton, Virginia 24401-9029 Page 10 of 14 Address for notices to the County: Board of Supervisors of Frederick County, Virginia Attn: County Administrator 107 N. Kent Street Winchester, VA 22601-5000 15. Zoning Administrator Concurrence. a. The Zoning Administrator 'of Frederick County is joined to this Agreement for the purpose of confirming, as a formal determination, that construction of these improvements, whether by VDOT or Glaize, will satisfy proffered road construction improvements as preconditions to the initiation of the development of Crosspointe Phase I, and that the amendments to the MDP referenced in Paragraph 3 (a) above will be consistent with the approved rezoning for Crosspointe. b. The MDP, previously approved by the County upon condition that VDOT is satisfied, will also be deemed to have received final approval upon execution hereof. IN WITNESS WHEREOF, the Parties hereto have made and executed this Agreement as of the day and year first above written. [SIGNATURES APPEAR ON FOLLOWING PAGES] Page 11 of 14 0 0 COMMONWEALTH OF VIRGINIA COUNTY OF FREDERICK GLAIZE DEVELOPMENTS, INC. a Virginia corporation The foregoing instrument was acknowledged before me this day of , 2012, by J. P. Carr as Vice President of Glaize Devel- opments, Inc., authorized to execute this agreement on behalf of the firm. My Registration Number: My Commission expires Notary Public Page 12 of 14 0 • THE VIRGINIA DEPARTMENT OF TRANSPORTATION, an agency of the Commonwealth of Virginia r By: COMMONWEALTH OF VIRGINIA COUNTY OF Ic(- The foregoing instruinent was acknowledged before me this 1 day Of 2012, byon behalf of the Virginia Department of Transportation. Notary Public Registration Number: 709 Q (O(o(4 My Commission expires q" ,30 -1 S �`.• N0 -ARY'' ficS� ti PUBLIC '• REC3. #7089664 MYCOMMISSION IRES .• r00.•...•...• �?� AL7H OFv;�`�� Page 13 of 14 THE ZONING ADMINISTRATOR OF FREDERICK COUNTY, VIRGINIA By: COMMONWEALTH OF VIRGINIA COUNTY OF The foregoing instrument was acknowled ed before me this - day of 2012, by �_ A as the Zoning Adm istrator. , rA NOTARY PUBLIC REGISTRATION # 138290 14-) COMMONWEALTH OF VIRGINIA Registration Number: MY COMMISSION EXPIRES AUGUST 31, 2015 My Commission expires Page 14 of 14 0 'D M COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 May 7, 2012 Mr. Ron Mislowsky Patton Harris Rust & Associates 117 E. Piccadilly St., Ste. 200 Winchester, VA 22601 RE: MASTER DEVELOPMENT PLAN #17-06 FOR CROSSPOINTE CENTER PIN Nos. 75-A-89, 75-A-89A, 75-A-90, 75-A-91, 75-A-92, 75-A-94, 75-A-95 and 75-A-96 Dear Ron: Frederick County administratively approved the above -referenced final master development plan on May 7, 2012. This master development plan is approved for the potential development of up to 1,578 single family homes at Phase III build -out, and 960,000 square feet of commercial uses on 574.37 acres of land which is zoned RP (Residential Performance) and B2 (Business General) within the Shawnee Magisterial District. The property which would comprise this development is located in the Kernstown area, east of the southern terminus of Route 37, north and adjacent to Lakeside Subdivision, and east and adjacent to Tasker Road (Route 642). The Frederick County Board of Supervisors granted staff administrative approval authority on April 25, 2007. All requirements of the Frederick County Zoning and Subdivision Ordinance have been addressed in the plan. Please note that approval of a subdivision design plan/site plan is required prior to the subdivision or development of this parcel. I am providing you with three (3) copies of the approved final master development plan. Please ensure that these plans are distributed accordingly. Feel free to contact me if you have any questions. Sincerely, Candice E. Perkins, AICP Senior Planner CEP/bad cc: Gene Fisher, Shawnee Magisterial District Supervisor Lawrence Ambrogi and H. Paige Manuel, Shawnee Magisterial District Commissioners Jane Anderson, Real Estate Commissioner of Revenue Glaize Developments, Inc., PO Box 888, Winchester, VA 22604 107 North Dent Street, Suite 202 m Winchester, Virginia 22601-5000 • 0 Patton Harris Rust & Associates Memorandum Engineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street PH l + l Winchester, Virginia 22601 T 540.667.2139 F 540.665.0493 To: Mike Ruddy E LC E _tl W E Organ izationlCompany: Frederick County Planning MAR 1 3 2012 i From: Ron Mislowsky, PE I ; Date: March 9, 2012 Project Name/Subject: Crosspointe MDP —} PHR+A Project file Number: cc: Jeff Lineberry, VDOT; J.P. Carr, Glaize Developments Glaize Developments has been in negotiations with VDOT on changes to the road network within Crosspointe. Particularly, how Crosspointe Blvd. will be accessed. The current MDP proposed signalized intersection access at Tasker and Warrior Road. VDOT has determined that the I-81 Interchange 310, Phase 3 improvements will not permit an access to Tasker Road and that a grade separated crossing is required there. An urban diamond will be installed at the Warrior Road interchange. The phasing and responsibility for the improvements as well as dedication of right-of-way for the interchange improvements are outlined in an agreement to be signed by Glaize Developments, Frederick County and VDOT. We understand that after two years, acceptance of the final form of this agreement is very close. The one item remaining is the revised MDP. We met with the County a few weeks ago to review changes to the Master Plan required by the agreement. These include: 1. Revising the Tasker Road/Crosspointe Blvd. intersection to provide a ramp connection in Phase I of the Crosspointe development. The ultimate design provides for Crosspointe Blvd. to bridge over Tasker Road with no access provided. 2. Revising the Warrior Road/Crosspointe Blvd. interchange to provide an urban diamond connection. VDOT has determined that this shall be the only access allowed to Crosspointe Blvd. as it is currently classified. 3. Revising the right-of-way dedication provided for the Interchange 310 Improvements. 4. Noting that phasing and responsibility for improvements are as specified in the three party agreement discussed previously. 5. Removing the interchange plan on sheet 7 of 8. We have enclosed four copies of sheet 3 of the MDP for review. If these changes are acceptable we will complete the revisions to the remaining sheets and submit for final approval. There are no other changes proposed to the road sections, utility routing, buffers or phasing. Please let me know if you have any other questions. ...__..._r.. _. _.�a.�---�,.-,-s_s-�--z '-�.-,.��,.e-z _a..._ Y �.�rvr..�.._.._.r..__....._. ..r u_a__..�..Yva��r4....•..a....•..w� _. L..a__....�-z-_=c_—=_.,.3___ _�...—n.3-__— �_—�_—a_______-c_______i__________________a__-.__.•___ -------- _______ _ __ __Y_ _—_".'=_—_ — ----------------- 3Y1 I. i ii lw a c. _ ^"\I \\• \ 1 I � �� i it _Y� + ...J .. 1 - I +pr r la to it _ �—___� —__ —: _— .—`' •+.¢rum AlML A � • *mow oft u+u. ucm. TASKER ROAD/HILLANDALE LANE DESIGN CRITERIA _ - • { �t DEC 1 6 2010 L. d r GLAIZE DEVELOPMENTS, INC. P.O. BOX 888 WINCHESTER, VIRGINIA 22604.0888 December 14, 2010 Mr. John R. Riley, Jr. County Administrator County of Frederick 107 North Kent Street Winchester, VA 22601 PHONE: 540662-2092 FAX: 540-662-8016 Re: Crosspointe Center — Rezoning # 13-03 Dedication of Area for Government Services Dear Mr. Riley: Your December 13, 2010 letter concerning the initiation of a proffer amendment to reaffirm the dedication of nine acres for public use has been received. At this point, Mr. Glaize would like to discuss this matter in person. We'll be in contact to arrange a meeting next time Mr. Glaize plans to return to Winchester, most likely after the New Year. If there's a pressing need to move forward sooner than that, please let us know. Have a Merry Christmas. Regards, �P Carr cc: Eric R. Lawrence. Planning Director December 13, 2010 Glaize Development, Inc. P.O. Box 888 Winchester, VA 22604 rE COUNTY of FREDERICK i v ; U �— Lli Ili .....mom John R. Riley, Jr. County Administrator 540/665-5666 Fax 540/667-0370 E-mail: Jnley@co.fredefick.va.us RE: Crosspointe Center -Rezoning #13-03 Dedication of Area for Government Services Dear Mr. Glaize: On February 11, 2004, the Board of Supervisors approved rezoning #13-03 and its associated proffered conditions for Crosspointe Center. One proffered condition, Item 16, on page 10 of 12, provided for the dedication of 9 acres of land to the County for public use. Proffer item 16.2 provides for this land dedication to occur within three (3) years of rezoning approval, or the time period may be extended for an additional two (2) years upon the Board' s request. On January 23, 2007, 1 wrote to you, on behalf of the Board of Supervisors, to request an extension of the land dedication for the additional two years as enabled by Proffer Item 16.2. The purpose of this extension was to enable both parties to complete the master development plan review process, with the land dedication to follow. Since my last correspondence, the Master Development Plan for this project has been reviewed by the Board of Supervisors but the final plan has yet to receive administrative approval . I am writing to reaffirm the County's interest in the dedication of this 9 acre parcel to the County for public use. Given the current economy, an extension of this land dedication is in the benefit of both parties. For this extension to occur, it would be appropriate for you, as the applicant, to initiate a minor proffer amendment to amend proffer 16.2 to provide for additional time for the land dedication to occur. Because the proposed revision is minor in nature, in accordance with Va. Code § 15.2-2302, a public hearing would not be required. Please let me know how you wish to proceed in this matter. Shmy d you have any questions, please do not hesitate to contact me. Jo R. Riley, ounty Administrator cc: Eric R. Lawrence, Planning Director 107 North Kent Street • Winchester, Virginia 22601 Page 1 of 4 A • • Candice Perkins • From: Alexander, Scott [Scott.Alexander@VDOT.Virginia.gov] Sent: Thursday, March 22, 2007 4:18 PM To: 'Patrick R. Sowers'; Ingram, Lloyd Cc: Copp, Jerry; 'Eric Lawrence'; 'Candice Perkins (E-mail)'; Bishop, John A.; Funkhouser, Rhonda; 'John Callow'; 'Ronald A. Mislowsky'; 'Alan P. Wheaton'; Tom.Price@phra.com Subject: RE: Crosspointe MDP Patrick: The "interchange Plan" on Sheet 8 is referenced by note at the bottom of Sheet 3.... If you can add the same note to the bottom of Sheet 2, I'm good. And speaking of notes, the "Master Plan Approval Note" (Tasker Road configuration) escaped my notice. Acknowledging this/leaving to the plan development stage is ok; just be prepared to work this issue through thoroughly during the site plan development. (My apologies to Ron & Alan.) The note should be modified to include the Warrior intersection, as it appears that the same conditions apply there. If it is understood that approval of the MDP is *not* an endorsement of the unusual intersections/two-approach-roundabouts/eyebrows north and west of Tasker extended, and with the modifications noted above, I believe we can conclude the MDP review. Just let me know if you're building the bridge.... • As general reminder, we can not officially endorse the plan until the FHWA/CTB limited access control/interchange modifications are approved. We hope that the County will approve the plan contingent on FHWA/CTB approval. Scott Scott Alexander Assistant Residency Administrator VDOT - Edinburg Residency 14031 Old Valley Pike Edinburg, VA 22824 Phone: 540-984-5605 Fax: 540-984-5607 -----Original Message ----- From: Patrick R. Sowers[mailto:Patrick.Sowers@phra.com] Sent: Thursday, March 22, 2007 11:55 AM To: Alexander, Scott; Ingram, Lloyd Cc: Copp, Jerry; 'Eric Lawrence'; 'Candice Perkins (E-mail)'; Bishop, John A.; Funkhouser, Rhonda; 'John Callow'; 'Ronald A. Mislowsky'; 'Alan P. Wheaton'; Tom.Price@phra.com Subject: RE: Crosspointe MDP Scott, A quick reply to some of your comments: • 1) Sheet 7 of 8 of the Master Plan submitted to you depicts the modified ramp alignments for I-81. I have attached a PDF of that sheet for 4/4/2007 Page 2 of 4 0 • reference. 2) The internal residential road network would be public unless private • streets were utilized for certain housing types such as single family small lot or townhouses (as permitted by Ordinance). In short, most will be public but some may be private. Design of each roadway would be completed during the Subdivision Design Plan phase of the project to ensure that all public roadways conform to VDOT standards. I will get with Ron and Alan to provide a response to your comments regarding the interim and ultimate alignment of Tasker Road. Feel free to give me a call if you would like to discuss. Thanks, Patrick Patrick R. Sowers Planner Patton Harris Rust & Associates, pc 117 East Piccadilly Street Winchester, Virginia 22601 P 540.667.2139 F 540.665.0493 www.phra.com . -----Original Message----- From: Alexander, Scott [mailto:Scott.Alexander@VDOT.Virginia.gov] Sent: Thursday, March 22, 2007 10:20 AM To: 'Patrick R. Sowers'; Ingram, Lloyd Cc: Copp, Jerry; 'Eric Lawrence'; Candice Perkins (E-mail); Bishop, John A.; Funkhouser, Rhonda; John Callow; 'Ronald A. Mislowsky' Subject: RE: Crosspointe MDP Patrick: Our prior comments from December 2006 remain unaddressed. To reiterate: 1. The MDP geometry does not appear to provide for the future Tasker Road/Crosspointe Boulevard conversion to a grade -separated intersection (i.e. the interim Tasker is too close to the ultimate Tasker alignment). * In a meeting on February 20, 2007 PHR&A provided a cross-section of the alignments, but did not include the bridge dimensions in the section. * To illustrate our concern, I have taken the section provided at the meeting and added the approximate bridge elevation (attachment). Note that there is only about 15' between the edge of interim Tasker and the pile cap. Sheeting, whales, tieback hardware, traffic barrier, etc. further • reduces this clearance.... Please review this clearance and demonstrate how a pile driving crane will maneuver in this area. Also of concern would be the NW abutment wing construction. 4/4/2007 Page 3 of 4 * That being said, in the February 20 meeting it was revealed that the applicant plans on constructing the bridge. If this is the case, and it is constructed with Phase I of the project, then there is no issue. • Please denote this on the MDP. * As discussed at the meeting, there are similar phasing concerns with the Warrior crossing that should be clarified. 2. The MDP does not reflect the I-81 ramp relocations, which are currently part of the Interchange Modification Request and a necessary improvement demonstrated by the TIA. 3. There are numerous (apparent) secondary roads shown on the MDP with obvious geometric issues. Please advise if these are to be public streets. The preliminary right-of-way reservation for a Warrior interchange appears adequate for MDP purposes. Please note, however, that this interchange was not in the original ROD. While the Residency and MPO supports this interchange, and it is included in the ROD Reevaluation currently underway, the eventual MDP concurrence/approval alone does not obligate VDOT or the Commonwealth to the interchange. We look forward to sharing the results of the Reevaluation as soon as available. • If you have any questions, don't hesitate to give me a call. Scott Scott Alexander Assistant Residency Administrator VDOT - Edinburg Residency 14031 Old Valley Pike Edinburg, VA 22824 Phone: 540-984-5605 Fax: 540-984-5607 From: Patrick R. Sowers[mailto:Patrick.Sowers@phra.com) isSent: Wednesday, March 21, 2007 11:29 AM To: Ingram, Lloyd Cc: Alexander, Scott 4/4/2007 Page 4 of 4 'A Subject: Crosspointe MDP • Lloyd, Frederick County Planning Staff has asked if VDOT has any additional comments on the most recent Crosspointe MDP (which depicts the ROW location for the future Warrior/Route 37 interchange). We are going forward with an April 4th Planning Commission date and wanted to give you the opportunity to provide any additional comments that VDOT may have regarding the newest plan. Thanks, Patrick Patrick R. Sowers Planner Patton Harris Rust & Associates, pc 117 East Piccadilly Street • Winchester, Virginia 22601 P 540.667.2139 F 540.665.0493 www.phra.com <http://www.phra.com/> • 4/4/2007 Candice Perkins From: Patrick R. Sowers [Patrick. Sowers@phra.com] Sent: Thursday, March 22, 2007 7:46 PM To: 'Alexander, Scott'; 'Ingram, Lloyd' Cc: 'Copp, Jerry'; 'Eric Lawrence'; 'Candice Perkins (E-mail)'; 'Bishop, John A.'; 'Funkhouser, Rhonda'; 'John Callow'; 'Ronald A. Mislowsky'; 'Alan P. Wheaton'; Tom.Price@phra.com Subject: RE: Crosspointe MDP Scott, Thanks for the comments. Adding the reference to the interchange plan on sheet 2 is not a problem. Also, we understand that all public roadways shown on the plan will still be subject to VDOT review at the engineering phase of the project. Thanks, Patrick Patrick R. Sowers Planner Patton Harris Rust & Associates, pc 117 East Piccadilly Street Winchester, Virginia 22601 P 540.667.2139 F 540.665.0493 www.phra.com -----Original Message ----- From: Alexander, Scott [mailto:Scott.Alexander@VDOT.Virginia.gov] Sent: Thursday, March 22, 2007 4:18 PM To: 'Patrick R. Sowers'; Ingram, Lloyd Cc: Copp, Jerry; 'Eric Lawrence'; 'Candice Perkins (E-mail)'; Bishop, John A.; Funkhouser, Rhonda; 'John Callow'; 'Ronald A. Mislowsky'; 'Alan P. Wheaton'; Tom.Price@phra.com Subject: RE: Crosspointe MDP Patrick: The "interchange Plan" on Sheet 8 is referenced by note at the bottom of Sheet 3.... If you can add the same note to the bottom of Sheet 2, I'm good. And speaking of notes, the "Master Plan Approval Note" (Tasker Road configuration) escaped my notice. Acknowledging this/leaving to the plan development stage is ok; just,be prepared to work this issue through thoroughly during the site plan development. (My'apologies to Ron & Alan.) The note should be modified to include the Warrior intersection, as it appears that the same conditions apply there. If it is understood that approval of the MDP is *not* an endorsement of the unusual intersections/two-approach-roundabouts/eyebrows north and west of Tasker extended, and with the modifications noted above, I believe we can conclude the MDP review. Just let me know if you're building the bridge.... 1 As general reminder, we can not officially endorse the plan until the FHWA/CTB limited access control/interchange modifications are approved. We hope that the County will approve the plan contingent on FHWA/CTB approval. Scott Scott Alexander Assistant Residency Administrator VDOT - Edinburg Residency 14031 Old Valley Pike Edinburg, VA 22824 Phone: 540-984-5605 Fax: 540-984-5607 -----Original Message ----- From: Patrick R. Sowers[mailto:Patrick.Sowers@phra.com] Sent: Thursday, March 22, 2007 11:55 AM To: Alexander, Scott; Ingram, Lloyd Cc: Copp, Jerry; 'Eric Lawrence'; 'Candice Perkins (E-mail)'; Bishop, John A.; Funkhouser, Rhonda; 'John Callow'; 'Ronald A. Mislowsky'; 'Alan P. Wheaton'; Tom.Price@phra.com Subject: RE: Crosspointe MDP Scott, A quick reply to some of your comments: 1) Sheet 7 of 8 of the Master Plan submitted to you depicts the modified ramp alignments for I-81. I have attached a PDF of that sheet for reference. 2) The internal residential road network would be public unless private streets were utilized for certain housing types such as single family small lot or townhouses (as permitted by Ordinance). In short, most will be public but some may be private. Design of each roadway would be completed during the Subdivision Design Plan phase of the project to ensure that all public roadways conform to VDOT standards. 2 I will get with Ron and Alan to provide a response to your comments regarding the interim and ultimate alignment of Tasker Road. Feel free to give me a call if you would like to discuss. Thanks, Patrick Patrick R. Sowers Planner Patton Harris Rust & Associates, pc 117 East Piccadilly Street Winchester, Virginia 22601 P 540.667.2139 F 540.665.0493 www.phra.com -----Original Message ----- From: Alexander, Scott [mailto:Scott.Alexander@VDOT.Virginia.gov] Sent: Thursday, March 22, 2007 10:20 AM To: 'Patrick R. Sowers'; Ingram, Lloyd Cc: Copp, Jerry; 'Eric Lawrence'; Candice Perkins (E-mail); Bishop, John A.; Funkhouser, Rhonda; John Callow; 'Ronald A. Mislowsky' Subject: RE: Crosspointe MDP Patrick: 3 ° ' 0 i Our prior comments from December 2006 remain unaddressed. To reiterate: 1. The MDP geometry does not appear to provide for the future Tasker Road/Crosspointe Boulevard conversion to -a grade -separated intersection (i.e. the interim Tasker is too close to the ultimate Tasker alignment). * In a meeting on February 20, 2007 PHR&A provided a cross-section of the alignments, but did not include the bridge dimensions in the section. * To illustrate our concern, I have taken the section provided at the meeting and added the approximate bridge elevation (attachment). Note that there is only about 15' between the edge of interim Tasker and the pile cap. Sheeting, whales, tieback hardware, traffic barrier, etc. further reduces this clearance.... Please review this clearance and demonstrate how a pile driving crane will maneuver in this area. Also of concern would be the NW abutment wing construction. * That being said, in the February 20 meeting it was revealed that the applicant plans on constructing the bridge. If this is the case, and it is constructed with Phase I of the project, then there is no issue. Please denote this on the MDP. * As discussed at the meeting, there are similar phasing concerns with the Warrior crossing that should be clarified. 2. The MDP does not reflect the I-81 ramp relocations, which are currently part of the Interchange Modification Request and a necessary improvement demonstrated by the TIA. 4 c 3. There are numerout*(apparent) secondary roads shown the MDP with obvious geometric issues. Please advise if these are to be public streets. The preliminary right-of-way reservation for a Warrior interchange appears adequate for MDP purposes. Please note, however, that this interchange was not in the original ROD. While the Residency and MPO supports this interchange, and it is included in the ROD Reevaluation currently underway, the eventual MDP concurrence/approval alone does not obligate VDOT or the Commonwealth to the interchange. We look forward to sharing the results of the Reevaluation as soon as available. If you have any questions, don't hesitate to give me a call. Scott Scott Alexander Assistant Residency Administrator VDOT - Edinburg Residency 14031 Old Valley Pike Edinburg, VA 22824 Phone: 540-984-5605 5 i . 0 • Fax: 540-984-5607 From: Patrick R. Sowers[mailto:Patrick.Sowers@phra.com] Sent: Wednesday, March 21, 2007 11:29 AM To: Ingram, Lloyd Cc: Alexander, Scott Subject: Crosspointe MDP Lloyd, Frederick County Planning Staff has asked if VDOT has any additional comments on the most recent Crosspointe MDP (which depicts the ROW location for the future Warrior/Route 37 interchange). We are going forward with an April 4th Planning Commission date and wanted to give you the opportunity to provide any additional comments that VDOT may have regarding the newest plan. Thanks, Patrick 6 . • • Patrick R. Sowers Planner Patton Harris Rust & Associates, pc 117 East Piccadilly Street Winchester, Virginia 22601 P 540.667.2139 F 540.665.0493 www.phra.com <http://www.phra.com/> FA 0 0 Page 1 of 4 Candice Perkins From: Alexander, Scott [Scott.Alexander@VDOT.Virginia.gov] Sent: Thursday, March 22, 2007 4:18 PM To: 'Patrick R. Sowers'; Ingram, Lloyd Cc: Copp, Jerry; 'Eric Lawrence'; 'Candice Perkins (E-mail)'; Bishop, John A.; Funkhouser, Rhonda; 'John Callow; 'Ronald A. Mislowsky'; 'Alan P. Wheaton'; Tom.Price@phra.com Subject: RE: Crosspointe MDP Patrick: The "interchange Plan" on Sheet 8 is referenced by note at the bottom of Sheet 3.... If you can add the same note to the bottom of Sheet 2, I'm good. And speaking of notes, the "Master Plan Approval Note" (Tasker Road configuration) escaped my notice. Acknowledging this/leaving to the plan development stage is ok; just be prepared to work this issue through thoroughly during the site plan development. (My apologies to Ron & Alan.) The note should be modified to include the Warrior intersection, as it appears that the same conditions apply there. If it is understood that approval of the MDP is *not* an endorsement of the unusual intersections/two-approach-roundabouts/eyebrows north and west of Tasker extended, and with the modifications noted above, I believe we can conclude the MDP review. Just let me know if you're building the bridge.... As general reminder, we can not officially endorse the plan until the FHWA/CTB limited access control/interchange modifications are approved. We hope that the County will approve the plan contingent on FHWA/CTB approval. Scott Scott Alexander Assistant Residency Administrator VDOT - Edinburg Residency 14031 Old Valley Pike Edinburg, VA 22824 Phone: 540-984-5605 Fax: 540-984-5607 -----Original Message ----- From: Patrick R. Sowers[mailto:Patrick.Sowers@phra.com] Sent: Thursday, March 22, 2007 11:55 AM To: Alexander, Scott; Ingram, Lloyd Cc: Copp, Jerry; 'Eric Lawrence'; 'Candice Perkins (E-mail)'; Bishop, John A.; Funkhouser, Rhonda; 'John Callow'; 'Ronald A. Mislowsky';.'Alan P. Wheaton'; Tom.Price@phra.com Subject: RE: Crosspointe MDP Scott, A quick reply to some of your comments: 1) Sheet 7 of 8 of the Master Plan submitted to you depicts the modified ramp alignments for I-81. I have attached a PDF of that sheet for 11/28/2007 Page 2 of 4 reference. 2) The internal residential road network would be public unless private streets were utilized for certain housing types such as single family small lot or townhouses (as permitted by Ordinance). In short, most will be public but some may be private. Design of each roadway would be completed during the Subdivision Design Plan phase of the project to ensure that all public roadways conform to VDOT standards. I will get with Ron and Alan to provide a response to your comments regarding the interim and ultimate alignment of Tasker Road. Feel free to give me a call if you would like to discuss. Thanks, Patrick Patrick R. Sowers Planner Patton Harris Rust & Associates, pc 117 East Piccadilly Street Winchester, Virginia 22601 P 540.667.2139 F 540.665.0493 www.phra.com -----Original Message ----- From: Alexander, Scott [mailto:Scott.Alexander@VDOT.Virginia.gov) Sent: Thursday, March 22, 2007 10:20 AM To: 'Patrick R. Sowers'; Ingram, Lloyd Cc: Copp, Jerry; 'Eric Lawrence'; Candice Perkins (E-mail); Bishop, John A.; Funkhouser, Rhonda; John Callow; 'Ronald A. Mislowsky' Subject: RE: Crosspointe MDP Patrick: Our prior comments from December 2006 remain unaddressed. To reiterate: 1. The MDP geometry does not appear to provide for the future Tasker Road/Crosspointe Boulevard conversion to a grade -separated intersection (i.e. the interim Tasker is too close to the ultimate Tasker alignment). * In a meeting on February 20, 2007 PHR&A provided a cross-section of the alignments, but did not include the bridge dimensions in the section. * To illustrate our concern, I have taken the section provided at the meeting and added the approximate bridge elevation (attachment). Note that there is only about 15' between the edge of interim Tasker and the pile cap. Sheeting, whales, tieback hardware, traffic barrier, etc. further reduces this clearance.... Please review this clearance and demonstrate how a pile driving crane will maneuver in this area. Also of concern would be the NW abutment wing construction. 11/28/2007 Page 3 of 4 * That being said, in the February 20 meeting it was revealed that the applicant plans on constructing the bridge. If this is the case, and it is constructed with Phase I of the project, then there is no issue. Please denote this on the MDP. * As discussed at the meeting, there are similar phasing concerns with the Warrior crossing that should be clarified. 2. The MDP does not reflect the I-81 ramp relocations, which are currently part of the Interchange Modification Request and a necessary improvement demonstrated by the TIA. 3. There are numerous (apparent) secondary roads shown on the MDP with obvious geometric issues. Please advise if these are to be public streets. The preliminary right-of-way reservation for a Warrior interchange appears adequate for MDP purposes. Please note, however, that this interchange was not in the original ROD. While the Residency and MPO supports this interchange, and it is included in the ROD Reevaluation currently underway, the eventual MDP concurrence/approval alone does not obligate VDOT or the Commonwealth to the interchange. We look forward to sharing the results of the Reevaluation as soon as available. If you have any questions, don't hesitate to give me a call. Scott Scott Alexander Assistant Residency Administrator VDOT - Edinburg Residency 14031 Old Valley Pike Edinburg, VA 22824 Phone: 540-984-5605 Fax: 540-984-5607 From: Patrick R. Sowers[mailto:Patrick.Sowers@phra.com] Sent: Wednesday, March 21, 2007 11:29 AM To: Ingram, Lloyd Cc: Alexander, Scott 11/28/2007 Page 4 of 4 Subject: Crosspointe MDP Lloyd, Frederick County Planning Staff has asked if VDOT has any additional comments on the most recent Crosspointe MDP (which depicts the ROW location for the future Warrior/Route 37 interchange). We are going forward with an April 4th Planning Commission date and wanted to give you the opportunity to provide any additional comments that VDOT may have regarding the newest plan. Thanks, Patrick Patrick R. Sowers Planner Patton Harris Rust & Associates, pc 117 East Piccadilly Street Winchester, Virginia 22601 P 540.667.2139 F 540.665.0493 www.phra.com <http://www.phra.com/> 11/28/2007 Candice Perkins From: Patrick R. Sowers [Patrick. Sowers@phra.com] Sent: Thursday, March 22, 2007 11:55 AM To: 'Alexander, Scott'; 'Ingram, Lloyd' Cc: 'Copp, Jerry'; 'Eric Lawrence'; 'Candice Perkins (E-mail)'; 'Bishop, John A.'; 'Funkhouser, Rhonda'; 'John Callow'; 'Ronald A. Mislowsky'; 'Alan P. Wheaton'; Tom.Price@phra.com Subject: RE: Crosspointe MDP Crosspointe MDP-7 of 8.pdf (16... Scott, A quick reply to some of your comments: 1) Sheet 7 of 8 of the Master. Plan submitted to you depicts the modified ramp alignments for I-81. I have attached a PDF of that sheet for reference. 2) The internal residential road network would be public unless private streets were utilized for certain housing types such as single family small lot or townhouses (as permitted by Ordinance). In short, most will be public but some may be private. Design of each roadway would be completed during the Subdivision Design Plan phase of the project to ensure that all public roadways conform to VDOT standards. I will get with Ron and Alan to provide a response to your comments regarding the interim and ultimate alignment of Tasker Road. Feel free to give me a call if you would like to discuss. Thanks, Patrick Patrick R. Sowers Planner Patton Harris Rust & Associates, pc 117 East Piccadilly Street Winchester, Virginia 22601 P 540.667.2139 F 540.665.0493 www.phra.com -----Original Message ----- From: Alexander, Scott [mailto:Scott.Alexander@VDOT.Virginia.gov] Sent: Thursday, March 22, 2007 10:20 AM To: 'Patrick R. Sowers'; Ingram, Lloyd Cc: Copp, Jerry; 'Eric Lawrence'; Candice Perkins (E-mail); Bishop, John A.; Funkhouser, Rhonda; John Callow; 'Ronald A. Mislowsky' Subject: RE: Crosspointe MDP Patrick: Our prior comments from December 2006 remain unaddressed. To reiterate: 1 n 1. The MDP geometry Os not appear to provide for thouture Tasker Road/Crosspointe Boulevard conversion to a grade -separated intersection (i.e. the interim Tasker is too close to the ultimate Tasker alignment). * In a meeting on February 20, 2007 PHR&A provided a cross-section of the alignments, but did not include the bridge dimensions in the section. * • To illustrate our concern, I have taken the section provided at the meeting and added the approximate bridge elevation (attachment). Note that there is only about 15' between the edge of interim Tasker and the pile cap. Sheeting, whales, tieback hardware, traffic barrier, etc. further reduces this clearance.... Please review this clearance and demonstrate how a pile driving crane will maneuver in this area. Also of concern would be the NW abutment wing construction. * That being said, in the February 20 meeting it was revealed that the applicant plans on constructing the bridge. If this is the case, and it is constructed with Phase I of the project, then there is no issue. Please denote this on the MDP. * As discussed at the meeting, there are similar phasing concerns with the Warrior crossing that should be clarified. 2. The MDP does not reflect the I-81 ramp relocations, which are currently part of the Interchange Modification Request and a necessary improvement demonstrated by the TIA. 3. There are numerous (apparent) secondary roads shown on the MDP with obvious geometric issues. Please advise if these are to be public streets. The preliminary right-of-way reservation for a Warrior interchange appears adequate for MDP purposes. Please note, however, that this interchange was not in the original ROD. While the Residency and MPO supports this interchange, and it is included in the ROD Reevaluation currently underway, the eventual MDP concurrence/approval alone does not obligate VDOT or the Commonwealth to the interchange. We look forward to sharing the results of the Reevaluation as soon as available. If you have any questions, don't hesitate to give me a call. Scott Scott Alexander Assistant Residency Administrator VDOT - Edinburg Residency 14031 Old Valley Pike Edinburg, VA 22824 Phone: 540-984-5605 Fax: 540-984-5607 2 From: Patrick R. Sowers ailto:Patrick.Sowers@phra.com]� Sent: Wednesday, March 21, 2007 11:29 AM To: Ingram, Lloyd Cc: Alexander, Scott Subject: Crosspointe MDP Lloyd, Frederick County Planning Staff has asked if VDOT has any additional comments on the most recent Crosspointe MDP (which depicts the ROW location for the future Warrior/Route 37 interchange). We are going forward with an April 4th Planning Commission date and wanted to give you the opportunity to provide any additional comments that VDOT may have regarding the newest plan. Thanks, Patrick Patrick R. Sowers Planner Patton Harris Rust & Associates, pc 11.7 East Piccadilly Street Winchester, Virginia 22601 P 540.667.2139 F 540.665.0493 www.phra.com <http://www.phra.com/> 3 0 • Page 1 of 2 Candice Perkins From: Alexander, Scott [Scott.Alexander@VDOT.Virginia.gov] Sent: Thursday, March 22, 2007 10:20 AM To: 'Patrick R. Sowers'; Ingram, Lloyd Cc: Copp, Jerry; 'Eric Lawrence'; Candice Perkins (E-mail); Bishop, John A.; Funkhouser, Rhonda; John Callow; 'Ronald A. Mislowsky' Subject: RE: Crosspointe MDP Patrick: Our prior comments from December 2006 remain unaddressed. To reiterate: The MDP geometry does not appear to provide for the future Tasker Road/Crosspointe Boulevard conversion to a grade -separated intersection (i.e. the interim Tasker is too close to the ultimate Tasker alignment). . In a meeting on February 20, 2007 PHR&A provided a cross-section of the alignments, but did not include the bridge dimensions in the section. . To illustrate our concern, I have taken the section provided at the meeting and added the approximate bridge elevation (attachment). Note that there is only about 15' between the edge of interim Tasker and the pile cap. Sheeting, whales, tieback hardware, traffic barrier, etc. further reduces this clearance.... Please review this clearance and demonstrate how a pile driving crane will maneuver in this area. Also of concern would be the NW abutment wing construction. . That being said, in the February 20 meeting it was revealed that the applicant plans on constructing the bridge. If this is the case, and it is constructed with Phase I of the project, then there is no issue. Please denote this on the MDP. . As discussed at the meeting, there are similar phasing concerns with the Warrior crossing that should be clarified. 2. The MDP does not reflect the 1-81 ramp relocations, which are currently part of the Interchange Modification Request and a necessary improvement demonstrated by the TIA. 3. There are numerous (apparent) secondary roads shown on the MDP with obvious geometric issues. Please advise if these are to be public streets. The preliminary right-of-way reservation for a Warrior interchange appears adequate for MDP purposes. Please note, however, that this interchange was not in the original ROD. While the Residency and MPO supports this interchange, and it is included in the ROD Reevaluation currently underway, the eventual MDP concurrence/approval alone does not obligate VDOT or the Commonwealth to the interchange. We look forward to sharing the results of the Reevaluation as soon as available. If you have any questions, don't hesitate to give me a call. Scott Scott Alexander Assistant Residency Administrator VDOT - Edinburg Residency 14031 Old Valley Pike Edinburg, VA 22824 Phone: 540-984-5605 Fax: 540-984-5607 11/28/2007 • . Page 2 of 2 From: Patrick R. Sowers[ma ilto: Patrick. Sowers@ ph ra. com] Sent: Wednesday, March 21, 2007 11:29 AM To: Ingram, Lloyd Cc: Alexander, Scott Subject: Crosspointe MDP Lloyd, Frederick County Planning Staff has asked if VDOT has any additional comments on the most recent Crosspointe MDP (which depicts the ROW location for the future Warrior/Route 37 interchange). We are going forward with an April 4th Planning Commission date and wanted to give you the opportunity to provide any additional comments that VDOT may have regarding the newest plan. Thanks, Patrick Patrick R. Sowers Planner Patton Harris Rust & Associates, pc 117 East Piccadilly Street Winchester, Virginia 22601 P 540.667.2139 F 540.665.0493 www.phra.com 11/28/2007 A a u vi a3rs4ffi9 .... ..... :F ... i r —T-i 1:1-T -,T r 17 -L.L' LA T------- r 'T -Till, -F+ ----- t d. 4- .......... - '4+ FtH-+ . . . . . . . . . . ..... ............ .......... ........ Tr- 4- L 441 + . . . . . . . . . . .... T7 i .T . . . . . . . . . . . . . . . . ..... . . . . . . . . . . . . . . 14 4-1 ir- . . . . . . . 4- . . . . . . . . . . . . . . . . . . . . . . . . 4�- �1- . . . . . . . . 4-f 4+ -T- Lt- 15 Tr 'r FT T -4 ...... . . . . . . + 7T-r --7"' 'T + -4- t -T- 4-477 FTI f . . -T . . . . . . . . . 4-t T t Hitt -- —" - Li A U 4-1 4-" -i-4-1, -4 +-4 -t i4 COUNTY of FREDERICK Department of Public Works 540/665-5643 FAX: 540/ 678-0682 MEMORANDUM: TO: Candice Perkins, AICP, Department of Planning and Development FROM: Harvey E. Strawsnyder, Jr., P.E., Director of Public Worksf'�k SUBJECT: Final Approval of Crosspointe Master Development Plan DATE: October 24, 2007 We have received a copy of the wetlands study for the proposed Crosspointe development. Receipt of this study fulfilled our final requirement for approval of the revised master development plan for the Crosspointe development. If you have any questions, do not hesitate to contact me. HES/rls cc: Tom Price file 10'� North Ken StreM nches jer, Vir mig 22601-5000 CADocuments and Settings\RLS My Documents\ honda\ EMP MMEN S\CRO r OI TEREVMDPFINALAPPROVAL.doe AMENDMENT Action: PLANNING COMMISSION: November 19, 2003 - Recommended Approval BOARD OF SUPERVISORS: February 11, 2004 U APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #13-03 OF CROSSPOINTE CENTER WHEREAS, Rezoning #13-03 of Crosspointe Center, submitted by Gilbert W. Clifford & Associates, Inc., to rezone 574.37 acres from RA (Rural Areas) and B2 (Business General) to RP (Residential Performance) and B2 (Business General). Specifically, this application requests the rezoning of the subject acreage as follows: 175.62 acres from RA (Rural Areas) to B2 (Business General), 381.80 acres from RA (Rural Areas) to RP (Residential Performance), and 16.95 acres from B2 (Business General) without proffers to B2 (Business General) with proffers. The subject site is located in the Kernstown area, east of the southern terminus of Route 37, north and adjacent to Lakeside Subdivision, and east and adjacent to Tasker Road (Route 642), and is identified with Property Identification Numbers 75-A-89, 75-A-89A, 75-A-90, 75-A-91, 75-A-92, 75-A-94, 75-A-95 and 75-A- 96 in the Shawnee Magisterial District; and WHEREAS, the Planning Commission held apublic hearing on this rezoning on November 19, 2003 and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on February 11, 2004; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to change 574.37 acres from RA (Rural Areas) and 132 (Business General) to RP (Residential Performance) and B2 (Business General), as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. PDRes 4 27-03 This ordinance shall be in effect on the date of adoption. Passed this I Ith day of February, 2004 by the following recorded vote: Richard C. Shickle, Chairman Aye Barbara E. VanOsten Aye Gina A. Forrester Nay Gary Dove Aye W. Harrington Smith, Jr. Nay Bill M. Ewing Aye Lynda J. Tyler Ay-e A COPY ATTEST Jo Riley, Jr. Frede ck County, dministrator PDRes. 427-03 0:\Resolutions\'-1004\Cmsspninte Ccntcr.wpd COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 Eric R. Lawrence, AICP Director May 7, 2012 Mr. J.P. Carr Glaize Developments, Inc. 112 E. Piccadilly Street Winchester, Virginia 22601 RE: Crosspointe Tri-Party Agreement Dear Mr. Carr: Attached is a copy of the Crosspointe Tri-Party Agreement that has been executed by Mr. Randy Kiser, Stanton District Administrator on behalf of VDOT, as well as Mr. Mark Cheran, Frederick County Zoning Administrator. Please send a final copy of the agreement to my office as well as Mr. Lineberry's with VDOT once the agreement has been, executed by Glaize Developments. Also attached is the approved Master Development Plan for Crosspointe. Please contact me with any questions. Sincerely, 1 4 t` Eric R. Lawrence, AICP Director of Planning and Development Enclosures: Crosspointe Tri-Party Agreement Crosspointe Master Development Plan 107 North Kent Street ® Winchester, Virginia 22601-5000 AGREEMENT THIS AGREEMENT ("Agreement") is entered into as of the of _ , 2012, by and between GLAIZE DEVELOPMENTS, INCORPORATED., a Virginia corporation ("Glaize"), the VIRGINIA DEPARTMENT OF TRANSPORTATION, an agency of the Commonwealth of Virginia, a, public body politic and corporate ("VDOT"), and the ZONING ADMINISTRATOR OF FREDERICK COUNTY, VIRGINIA (the "Zoning Administrator"). RECITALS: R-1. Glaize is the owner of certain property located in Frederick County, Virginia, known as the Crosspointe, and more specifically identified as Tax Map Parcels 75-A-89, 89A, 91, 92, 95, 96, and a portion of 75-A-90 and 75-A-94 on the Tax Maps of the County (the "Property"). R-2. VDOT is the Department of the Commonwealth of Virginia charged with construction, operation, and maintenance of the Virginia state systems of highways. R-3. The Property was rezoned for commercial and residential uses by the Frederick County Board of Supervisors by Rezoning 13-03 in 2003, to permit the development of the Property consistently with the Frederick County Zoning Ordinance Proffers accepted by the Board in connection with that Rezoning (the "Proffers"). These proffered conditions include Glaize's obligations to make certain phased road improvements during the course of development of Crosspointe. R-4. Glaize and VDOT have engaged in detailed discussions regarding the po- tential responsibilities of the Parties in connection with the construction of major improvements to the I-81 Exit No. 310 Interchange that VDOT pro- poses to undertake at that Interchange, and as those improvements relate to the development of Crosspointe by Glaize Developments, Inc. R-5. VDOT has determined that if funds are available and allocated to the project, it intends to construct extensive "Phase I" Improvements to the 310 Interchange that will encompass road improvements that were proffered to be constructed in conjunction with Phase I of Crosspointe. • 0 R-6. In recognition of VDOT's construction of the aforesaid improvements, Glaize has stated its willingness to cooperate with such improvements, to grant necessary rights -of -way, and to do other things to accommodate VDOT's project. R-7. For the purposes of this Agreement, the WDOT Phase I Improvements" shall be those referenced in the "Interchange Modification Report for Interstate 81 and Route 37 Interchange, Frederick County, Virginia, Milepost 310," revised February 16, 2007 (the "Report"). Crosspointe Phase I, II, and III refer to the phases of the Crosspointe development as it is identified in the Proffers. A copy of the Report is attached hereto and incorporated herein by reference. R-8. The Parties wish to memorialize their agreement consistently with their discussions, and to set forth the mutual promises, obligations, and commitments, that each has made with respect to the work described herein. AGREEMENT: NOW, THEREFORE, in consideration of the foregoing, the mutual covenants set forth below and for other good and valuable consideration, the receipt and sufficiency of which are hereby conclusively acknowledged, Glaize and VDOT (each referred to as a "Party" and collectively "the Parties"), intending to be legally bound, hereby agree as follows: 1. Incorporation of Recitals: The Recitals above are incorporated in this agreement as if fully set out here. 2. VDOT Obligations to the Construction of the Interchange Improvements. Page 2 of 14 a. In the event that VDOT elects to commence construction of the VDOT Phase I Improvements, then VDOT will assume, at its sole expense, all responsibility for the design and construction of the following road improvements. These improvements include certain improvements that have been heretofore proffered by Glaize but that VDOT intends to design and construct as set forth in the Recitals, above, and for the purposes of this Agreement collectively constitute the VDOT Phase I Improvements: i. The Interstate 81/Route 37 310 Interchange "Interim Improve- ments" in general conformance with the Report. 1. This will satisfy Glaize's proffered requirement to design and construct an extension of Crosspointe Boulevard in an easterly direction for 1,100 feet as generally depicted on the GDP accepted in connection with Rezoning 13-03. (Points "E" to "G" on the GDP); Proffer 14.2.1. ii. Relocated Tasker Road. 1. This will satisfy Glaize's proffered requirement to design. and construct a realigned intersection of Tasker Road with the extension of Crosspointe Boulevard as generally depicted on the GDP. (Points "F" to "G" to "H" to //if/ on the GDP). VDOT will construct a temporary access to re- located Tasker Road and the extension of Route 37 as part of subparagraph (2)(a)(i) above, and is presently contemplated to be the western half of an urban diamond interchange, or functionally similar design. Proffer 14.2.2. iii. Relocated Hilandale Road. 1. This will satisfy Glaize's proffered requirement to design and construct an extension of Hilandale Road from Crosspointe Boulevard extended in an easterly direction between the Phase I commercial and residential devel- opments as generally depicted on the GDP. (Points "I" to "H" on the GDP). Proffer 14.2.3. iv. Relocate an existing 20-inch water necessary to the foregoing improvements. Page 3 of 14 :7 • V. Improvements to U. S. Route 11 to the west of I-81. 1. This will satisfy Glaize's proffered requirement to design and construct an additional lane on southbound U.S. Route 11 between the interchange ramp intersections with Route 37 as generally depicted on the GDP. (Points "A" to "B" on the GDP). b. The VDOT Phase I Improvements will accommodate the future upgrade of the I-81 Interchange to the ultimate interchange design as contemplated by the plans for the VDOT Phase III Improvements .as they have been identified in the Report. c. The Parties agree that if VDOT undertakes the construction of the VDOT Phase I Improvements as defined herein, all segments of Route 37 within Crosspointe will be constructed in accordance with VDOT GS-1 standards, as a limited access rural principal arterial, and in the location identified by VDOT in final plans. The horizontal and vertical alignment will be agreed to by VDOT, Glaize, and the County as part of the alignment study currently being conducted by VDOT. d. If Route 37 is at any time re-classified as a parkway or boulevard -style roadway, Glaize will mirror VDOT's construction standards for such reclassified roadway for any extension of Route 37 within the property. e. Prior to the commencement of any of the work required for the VDOT Phase I Improvements, VDOT shall obtain all funding, approvals, and permits as required for the those Improvements (including permission for any off -site work that may be associated with the Improvements, and any additional costs and permits for road construction that it may undertake) from the appropriate local, state, and federal authorities. Page 4 of 14 • . • f. VDOT shall prepare and obtain approval of all necessary Environmental Assessments or Environmental Impact Statements, or supplementations or revisions thereto including, but not limited to, the cultural and historic resource analyses necessary for compliance with the National Historic Preservation Act for the VDOT improvements within the Crosspointe property as described above under item 2.: VDOT's Obligations, and as described below under item 3.: Glaize's Obligations. This shall be done prior to the commencement of the VDOT Phase I Improvements, and the other work contemplated herein. Any environmental item(s) required for the work proposed under item 3. Glaize's Obligations, as to which VDOT lacks the authority to obtain and transfer to a third party, will be Glaize's responsibility to obtain in its name. g. VDOT agrees that for the purposes of future TIAs that may be required for Crosspointe, Glaize shall have no further responsibility for improvements to the 310 Interchange. Glaize, VDOT, and the County will enter a "scoping" agreement for future TIAs prior to construction of the Crosspointe Phase I and such scoping agreement will identify the roads and intersections to be analyzed. This scoping agreement shall be used for all TIAs that may be required in connection with the development. Any impacts identified outside the project limits shall be the responsibility of others. 3. Glaize's Obligations. a. Glaize will amend the Crosspointe Master Development Plan ("MDP") to reflect construction of Route 37 to include two, three -lane, bridges across Tasker Road and two, two-lane bridges across Warrior Drive, as the ultimate configuration of the Improvements and the construction of Route 37 through the property. It is understood that VDOT will construct the interim improvements as described in Paragraph 2, above, but that Glaize shall construct one three lane bridge at Tasker Road and a portion of the urban interchange at Warrior Drive in conformity with the timing requirements currently established in the applicable Crosspointe Proffers consistent with the ultimate plan for Route 37, as set out in the Report and prior to the issuance of the first occupancy permit for Crosspointe Phase II or when required by any amended Proffer accepted by the County. b. Should funding required for construction of the Phase I Improvements as set forth herein not be or become available, VDOT shall retain its rights to comment on any modified road plan submissions that Glaize may make to accommodate such changed circumstances. Page 5 of 14 c. Glaize will construct the second three -lane bridge over Tasker Road in conformity with the timing requirements currently established in the applicable Crosspointe Proffers consistent with the ultimate plan for Route 37, as set out in the Report and prior to the issuance of the first occupancy permit for Crosspointe Phase III, to include construction of the second, two-lane segment of Route 37 from Tasker Road to Warrior Drive, and the remaining portion of the urban interchange at Warrior Drive. d. Glaize shall remove the interim off -ramps at Tasker Road and Route 37 within two months following the date when (a) a Traffic Impact Analysis ("TIA") is approved that demonstrates they are no longer necessary for the safe movement of traffic on Route 37 and within Crosspointe after completion of the western half of the interchange at Warrior Drive, or (b) when an off -site connection is made to Route 522 to the east, or to properties to the north or south by means of an extended Warrior Drive, whichever first occurs, and in either case (c) the development of Crosspointe has commenced. The two month removal window will be within the normal construction months of April through October and the work may carry over into a subsequent construction season if the entire two month time frame is not available in the construction season that the work commences. The interim ramp right-of-way at Tasker Road will be re -conveyed to Glaize upon the satisfactory removal of the interim Tasker ramps by Glaize and final inspection by VDOT. e. Glaize will dedicate all of the right-of-way on its property needed for the VDOT Phase I and III Improvements at no cost to VDOT, regardless whether such dedication was previously proffered. f. Glaize will further dedicate the right-of-way for Hilandale and relocated Tasker Roads, and the temporary, VDOT-installed, connection of Route 37 to Tasker Road, also at no cost to VDOT. g. Such dedications will include any additional water, slope, drainage, or temporary construction easements that may be required. Page 6 of 14 h. Actual conveyance of these interests will be based on a mutually - agreeable final design and shall be made within 30 days of written request therefor from VDOT with respect to any segment of the VDOT Phase I Improvements as to which VDOT is prepared to issue a Notice to Proceed. VDOT shall prepare the necessary plats and deeds, subject to Glaize's review and comment. All of the dedicated right-of-way not needed for VDOT's permanent improvements to the 310 Interchange will revert to Glaize after construction of those permanent improvements is complete and accepted, or any additional portions of Route 37 within the Property outside of those improvements are accepted, for ownership, operation, and maintenance. i. Glaize will retain the obligation to construct those transportation improvements not otherwise a part of the VDOT Phase I Improvements as set forth herein, consistent with the requirements of the Proffers for Crosspointe, as they may currently provide or as they may hereafter be amended. A copy of the Proffers as approved in connection with Rezoning 13-03 is attached hereto and incorporated herein by reference. 4. Consent to Design Plans: Where the Parties must agree as to a road design, none shall unreasonably withhold, delay, or refuse its consent. 5. Procedures for compliance with historic preservation requirements: a. VDOT agrees that in accordance with the 1999 Memorandum of Agreement (MOA) between the Federal Highway Administration, VDOT, Frederick County, and the State Historic Preservation Officer, VDOT will develop landscaping plans and install such landscaping to reduce the visual impact of the interchange on the Hilandale House. VDOT will coordinate the review of the landscaping plan with the Virginia Department of Historic Resources. b. Glaize agrees that as provided in Proffer15 and the referenced 1999 MOA, it will develop and implement a treatment plan to mitigate the effects of the construction of Route 37 and Warrior Drive on the Hilandale Earthwork and the site of Camp Russell. Such treatment plan will conform to the requirements and specifications identified in the 1999 MOA. VDOT will assist in the coordination, review, and approval of the treatment plan with VDHR. Page 7 of 14 6. Non -Ownership of Facilities by Others: This Agreement shall not create or establish any ownership in any part of the VDOT systems in any person or entity other than the Commonwealth of Virginia. 7. Governing Law; Venue: This Agreement shall be construed and performed in accordance with the laws of the Commonwealth of Virginia, without reference to conflict of law principles. Resolution of any outstanding claims, counterclaims, disputes and other matters arising out of, or in connection with, this Agreement shall be decided in a court of competent jurisdiction in the Commonwealth of Virginia. 8. Entire Agreement: This Agreement constitutes the entire agreement between the Parties relating to its subject matter, and supersedes all prior and contemporaneous written or verbal agreements of the Parties in connection herewith. 9. Waiver Not Continuing: The waiver by either Party of any failure on the part of the other Party to perform any of its obligations under tlus Agreement shall not be construed as a waiver of any future or continuing failure or failures, whether similar or dissimilar thereto. 10. No Third -Party Beneficiaries: Except to the extent that obligations or responsibilities may be assigned in accordance with this Agreement, the benefits of this Agreement shall inure solely to the Parties hereto, and nothing contained herein is intended to, or shall, confer upon any person not a party hereto any rights, benefits or remedies of any nature whatsoever under, or by reason of, this Agreement. Page 8 of 14 0 • 11. Successors and Assigns; Covenants Running with the Land: All the terms, covenants, provisions and conditions of this Agreement shall be binding upon any successors in title to the Property and are covenants running with the land. The terms, covenants, provisions and conditions of this Agreement shall not be severable from the Property or separately assignable by either Party. Glaize may not assign any portion of this Agreement without the express written consent of VDOT, such consent not to be unreasonably withheld. This Agreement or a Memorandum thereof may be recorded in the Land Records of Frederick County. 12. Termination, Default and Remedies: a. If either Glaize or VDOT materially breaches any of the provisions set out in this Agreement, or fails to observe or perform any of their respective obligations hereunder that materially affect the non -defaulting Party's rights under this Agreement, any such breach or failure shall constitute an event of default, provided, however, that it shall not be such an event unless and until the non -defaulting Party has given the defaulting Party written notice specifying the nature of such breach or failure, and, within thirty (30) days after receipt of such notice, the defaulting Party fails to cure such breach or failure. Provided, further, however, that if such cure cannot be reasonably completed within the thirty (30) day period, then the 30-day period will be extended by up to sixty (60) additional days, so long as the defaulting Party diligently takes steps to cure the breach or failure, and keeps the non -defaulting Party promptly and fully informed about its progress in effectuating the cure. b. If an event of default by Glaize occurs, VDOT shall have the right to terminate this Agreement as of the expiration of the 30-day period (or applicable longer period) provided in subparagraph a. above. If VDOT elects to terminate this Agreement, VDOT shall have no further obligation or duty to Glaize. c. If an event of default by VDOT occurs, Glaize's sole remedy shall be to terminate this Agreement and upon any such termination by Glaize VDOT shall have no further obligation or duty to Glaize under this Agreement. d. In the event that this Agreement is terminated by either party prior to the completion of the Interchange Improvements, the Zoning Administrator's certification herein shall be deemed withdrawn, and Glaize's obligations under the Proffers shall remain in effect. Page 9 of 14 13. Modifications: No modification to this Agreement shall be binding on either Party unless it shall be in writing and signed by the duly authorized representatives of all Parties. 14. Notices: All notices to be sent in connection with this Agreement shall be in writing, shall be delivered either by hand or by mail, and shall be deemed sufficiently given when actually received by the other Parties notified or when mailed, if mailed by certified or registered mail, postage prepaid, addressed to the other Parties at their respective addresses stated below. Each Party may, by notice to the other Parties given in the manner provided for herein, change his or its address for receiving such notices. Address for notices to Glaize: Glaize Developments, Inc., a Virginia corporation. Attn: Mr. J. P. Carr P.O. Box 888 Winchester, Virginia 22604 With a copy to: Walsh, Colucci, Lubeley, Emrich & Walsh, PC Attn: Mr. John H. Foote, Esquire 4310 Prince William Parkway, Suite 300 Prince William, Virginia 22192 Address for notices to VDOT: Virginia Department of Transportation Attn: Jeff Lineberry Transportation and Land Use Director 811 Commerce Road Staunton, Virginia 24401-9029 Page 10 of 14 9 Address for notices to the County. Board of Supervisors of Frederick County, Virginia Attn: County Administrator 107 N. Kent Street Winchester, VA 22601-5000 15. Zoning Administrator Concurrence. a. The Zoning Administrator of Frederick County is joined to this Agreement for the purpose of confirming, as a formal determination, that construction of these improvements, whether by VDOT or Glaize, will satisfy proffered road construction improvements as preconditions to the initiation of the development of Crosspointe Phase I, and that the amendments to the MDP referenced u1 Paragraph 3 (a) above will be consistent with the approved rezoning for Crosspointe. b. The MDP, previously approved by the County upon condition that VDOT is satisfied, will also be deemed to have received final approval upon execution hereof. IN WITNESS WHEREOF, the Parties hereto have made and executed tlus Agreement as of the day and year first above written. [SIGNATURES APPEAR ON FOLLOWING PAGES] Page 11 of 14 0 GLAIZE DEVELOPMENTS, INC. a Virginia corporation COMMONWEALTH OF VIRGINIA COUNTY OF FREDERICK The foregoing instrument was acknowledged before me this day of , 2012, by J. P. Carr as Vice President of Glaize Devel- opments, Inc., authorized to execute this agreement on behalf of the firm. My Registration Number: My Commission expires Notary Public Page 12 of 14 0 1 0 THE VIRGINIA DEPARTMENT OF TRANSPORTATION, an agency of the Commonwealth of Virginia r By: 1 COMMONWEALTH OF VIRGINIA COUNTY OF A41QkkL The foregoing instrument was acknowledged before me this ' day of 2012, by2&5q- on behalf of the Virginia Department of Transportation. Notary Public Registration Number: 709 Q O (�o 9 My Commission expires - 30 -15 ``{{{1lPPll!/!! �' SH A C. e' NOTAR PUBLIC UBLIC * • REG. 07082664 •• =_ OWY COMMISSION �o EVIRES Q ` Page 13 of 14 THE ZONING ADMINISTRATOR OF FREDERICK COUNTY, VIRGINIA By: , f. COMMONWEALTH OF VIRGINIA COUNTY 013,12.G-Q,�� The foregoing instrument was acknowled ed before me this sa� day of 2012, by y. as the Zoning Adm istrator. NOTARY PUBLIC REGISTRATION # 138290 14) COMMONWEALTH OF VIRGINIA Registration Number: MY COMMISSION EXPIRES AUGUST 31, 2015 My Commission Page 14 of 14 PROPOSED PROFFER STATEMENT REZONING: R7.. # : RA- Ito RP and 13-2 PROPERTY: 574.37 acres +J-, Tax Map Parcels 75-A-89, 89A, 91, 92, 95, 96 and a portion of 75-A-90 and 75-A-94 (the "Property") RECORD OWNER: Glaize Developments, Inc., a Virginia corporation. APPLICANT: Glaize Developments, Inc. PROJECT NAME: Crosspointe Center ORIGINAL DATE OF PROFFERS: August 27, 2003 REVISION DATA: October 22, 2003 January 23, 2004 The undersigned hereby proffers that the use and development of the subject property ("Property"), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that inav have been made prior hereto. In the event that the above referenced rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall he deemed w=ithdrawm and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning' defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the tern rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. if this application is denied by the Board, but in the event that an appeal is for any reason thereafter remanded to the Board for reconsideration by a court of competent jurisdiction. then these proffers shall be deemed withdrawn unless the Applicant shall affirmatively readopt all or any portion hereof in a writing specifically for that purpose. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. The term "Applicant" as referenced herein shall include within its mcaninu all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan" shall refer to the plan entitled "Generalized Development Plan. Crosspointe Center" dated August 12, 2003, as revised October 20. 200; (the "617P"). Page Iofl2 0 ('rosspoinle Center and shall include the following: I'rnf f r .StalCmenl 1. the "Overall GDP," dated August 12, 2003, as revised October 20, 2003, 2. the "GDP, Phase I," dated August 12. 2003. as revised October 20, 2003: 3. the "GDP, Phase ]L" dated August 12, 2003, as revised October 20, 2003, 4. the "GDP, Phase I]I," dated August 12, 2003, as revised October 20, 2003. and 5. the "Parks, Trails & Buffer Exhibit," dated October 20, 2003. LAND USE: 1.1. Areas of commercial development on the Property shall be developed in conformance with the regulations of the Business General ("132") zoning district, as set forth in the Frederick County Code. All commercial development on the Property shall comply with the aforesaid regulations, or as may be approved by Frederick County. 1.2. Commercial development on the Property shall not exceed a maximum of 960,000 square feet, in the locations generally depicted on the GDP. 1.3. Areas of residential development on the Property shall be developed in conformance with the regulations of the Residential Performance ("RP") zoning district, as set forth in the Frederick County Code. All residential development on the Property shall comply with the aforesaid regulations. or as may be approved by Frederick County. 1.4. Residential development on the Property shall not exceed a maximum of 1,578 dwelling units, of which 200 shall be age -restricted housing units in the locations generally depicted on the GDP, and no more than 1,042 shall be single family detached units. No rental garden apartments shall be permitted. I.S. Except to the extent otherwise prohibited by the Virginia Fair Housing Law, the Federal Fair Housing Law, and other applicable federal, state, or local legal requirements, any dwelling unit within the portions of the Property identified as "age -restricted' housing shall be restricted to "housing for older persons" as defined in Va. Code Ann. § 36-96.7, or a surviving spouse not so qualifying. No persons under 19 years of' age shall be permitted to be regularly domiciled or to reside pennanently therein. The restriction provided for herein shall also be in the form of a restrictive covenant with respect to the residential portion of the Property, and any Homeowners' Association created with respect thereto shall have assigned responsibility for the enforcement and administration of the said covenant. Pave 2oft2 Crosspoinle Center Prq.f r Statement 2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN APPROVALS: 2.1. The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations, and design standards, and this Crosspointe Proffer Statement as approved by the Board. However, the commercial portion Property shall be phased in accordance with the Frederick C'ounty Impact Statement, as stated below. 2.2. The Property shall be developed in three phases. The minimum commercial floor space proffered in this section is that predicted by the Frederick County Impact Model as that necessary to mitigate the phase residential fiscal impact without consideration of cash proffer contributions. The three phases shall be authorized as follows: 2 2.1 Phase I shall include not less than 210,000 SF of commercial /retail gross leaseable floor space. Residential development in Phase I shall not exceed 616 dwelling units, of which 100 units shall be single-family small lot dwelling units for age restricted users. 22.2 Phase Il development shall not commence until the minimum commercial/retail gross leaseable floor space required in Phase I is constructed. Thereafter, residential development in Phase I1 shall not exceed 513 dwelling units, of which I00 units shall be single- family small lot dwelling units for age restricted users. 2.2.3 Phase IiI development shall not continence until a total of 390,000 square feet of commercial/retail gross leaseable floor space is constructed. Residential development in Phase Ill shall not exceed 449 dwelling units. ARCHITECTURE, SiGNAGE, AND LANDSCAPING: 3.1. Materials utilized for all exterior facades of the commercial buildings shall include but not be limited to concrete masonry units (CMU) brick. architectural block, dry --it, or other simulated stucco (EFTS), real or simulated wood and/or glass. Standard concrete masonry block shall not be used for the front facades of any buildings. 3.2. All buildings within the development on the property shall be constructed using compatible architectural styles and materials, and signage for such buildings shall be of a similar style and materials in order to maintain a unificd development plan. The Applicant shall establish one or more Architectural Review Board/s to enforce a unified development plan. 3.3. A comprehensive sign plan shall be presented as part of the Master flan submission for approval by Frederick County. Pa-e 3 of 12 Cro spointe Center Proffer ,Stalcment 3.4. The major collector roadways jasker Road and Warrior Drive) in Crosspointe shall have a minimum 35' width buffer adjacent to dedicated rights of way and, except at entrance locations, be improved with landscape features and lighting to create a quality "boulevard" appearance. Illustrative details of these improvements shall be presented for approval by Frederick County at Master Plan. 4. PEDESTRIAN TRAIL SYSTEM AND RECREATION AREAS 4.1. The Applicant shall design and build a public pedestrian -bicycle trail system to Department of Parks and Recreation standards that links residential and commercial areas within the development. Said trails shall be in general conformance with the Southern Frederick Land Use Map and as such, shall be in the locations generally depicted on the GDP. Tile trails shall be 10 feet wide, have an asphalt surface and shall be approved by the Director of Parks and Recreation and the Planning Commission. FIRE & RESCUE: 5.1. The Applicant shall contribute to the Board the sum of $250.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each such unit. 5.2. The Applicant shall contribute a total of $300,000.00 to the Volunteer ]~ire Department providing service to the Property as first responder, payable in three equal installments of $100.000.00, upon issuance of the first building permit for each of the three phases as described herein. 6. SCHOOLS: 6.1. The Applicant shall contribute to the Hoard the sum of $3,000.00 per dwelling unit for school purposes. payable upon the issuance of a building permit for each such unit with the exception of age -restricted units. PARKS & OPEN SPACE: 7.1, The Applicant shall contribute to the Board the sum of $500.00 per dwelling unit for recreational purposes, payable upon the issuance of a building permit for each such unit. LIBRARIES: 9.1. The Applicant shall contribute to the Board the sum of $100.00 per dwelling unit for library purposes. payable upon the issuance of a building permit for each such unit. 9. S11 RIF 'S OFFICE: Nige 4 of 12 Crosspointe Center Pr'(7�CP .Stc71G7?Cr1J 9.1. The Applicant shall contribute to the Board the sum of $5.000.00 for the Sheriffs Office upon issuance of the first building pen -nit for the development. 10. ADMINISTRATION BUILDING: 10.1. The Applicant shall contribute to the Board the sum of $5,000.00 to be used for construction of a general governmental administration building upon issuance of the first building permit for the development_ 11. CREATION OF HOMEOWNERS' AND PROPERTY OWNERS' ASSOCIATION: 11.1. 'The residential portion of the development shall be made subject to one or more homeowners' association(s) (hereinafter "HDA") that shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, for each area subject to their jurisdiction, and shall be provided such other responsibilities, duties, and powers as are customary for such associations or as may be required for such HOA herein. If there is more than one such association, the Applicant shall create an umbrella HOA with respect to the entire development that shall, among other things, have responsibility for assuring compliance with design guidelines and standards, signage requirements, and similar matters. 11.2. In addition to such other duties and responsibilities as may be assigned. an HOA shall have title to and responsibility for (1) all common open space areas not otherwise dedicated to public use, (ii) common buffer areas located outside of residential lots, (iii) common solid waste disposal programs, including curbside pick-up of refuse by a private refuse collection company, and (iv) responsibility for the perpetual maintenance of any street, perimeter, or road buffer areas, all of which buffer areas shall be located within easements to be granted to the HOA if platted within residential or other lots, or otherwise granted to the IIOA by appropriate instrument. 11.3. The commercial portion of the development shall be made subject to one or more property owners' association(s) (hereinafter "POA") that shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, for each area subject to their jurisdiction, and shall be provided such other responsibilities, duties, and powers as are customary for such associations or as may be required for such POA herein. If there is more than one such association, the Applicant shall create an umbrella POA with respect to the entire development that shall, among other things, have responsibility P)r Page 5 of 12 C'rosspointe Center Pro��r Stalca�enl assuring compliance with design guidelines and standards, signage requirements, and similar matters. 11.4. In addition to such other duties and responsibilities as may be assigned. a POA shall have title to and responsibility for (i) all common open space areas not otherwise dedicated to public use, (ii) common buffer areas located outside of commercial lots; (iii) common solid waste disposal programs to include dumpster and contract carrier sen�ices provided by a private refuse collection company, and (iv) responsibility for the perpetual maintenance of any street, perimeter, or road buffer areas, all of which buffer areas shall be located within casements to be granted to the POA if platted within commercial or other lots, or otherwise granted to the POA by appropriate instrument. 12. WATER & SEWER: 12.1. The Applicant shall be responsible for connecting the Property to public water and sewer, and for constructing all facilities required for such connection. All water and sewer infrastructure shall be constructed in accordance with the requirements of the Frederick County Sanitation Authority. U. ENVIRONMENT: 13.1. Stormwat.er management and Best Management Practices (BMP) for the Property shall be provided in accordance with the Virginia Stormwater Management Regulations, First Ed. 1999, Chapter 2, Table 2-3 which results in the highest order of stormwater control in existing Virginia law at the time of construction of any such facility. 13.2. Stream preservation buffers shall be constructed in general conformance with the Parks, Trails & Buffer Exhibit, so as to create buffers in excess of that required by the Frederick County Zoning Ordinance to protect the Opequon and Hoge Run streams from disturbance. No clearing or grading shall occur within those buffers, except for the construction of road crossings, trails, sanitary sewer, or other utilities. 14. 'TRANSPORTATION: 14.1. Transportation improvements shall be associated with and initiated with each phase of the development as set forth below. it is the Applicant's intent to utilize public road finding as it may be available for portions of this project, however, the responsibility for causing the construction to occur prior to issuance of building permits shall rest with the Applicant. Furthenuorc, design of the roadway system shall be consistent with the study entitled "A Phased 'Traffic impact Analysis of' Crosspointe Center,' prepared by Patton Harris Rust & Associates. dated September 14, 2003 (the "'TIA"). Pa-e 6 cif 12 • Crosspoinle Center !'rn. f&r Statement 14.2. The following traffic improvements shall be designed and constructed during Phase 1. The exact location and design of such improvements shall be subject to reasonable adjustment upon final engineering thereof. 14.2.1 Prior to the issuance of the first building permit the Applicant shall design and construct an extension of Crosspointe Boulevard in an easterly direction for 1,100 feet as generally depicted on the GDP. Such design shall be in accordance with the Virginia Department of 'Transportation ("VDOT") specifications, and subject to review and approval by the Frederick County and VDOT. ("F," to "G" on the GDP). 14.2.2 Prior to issuance of the first building permit for the development the Applicant shall design and construct a realigned intersection of Tasker Road with the extension of Crosspointe Boulevard as generally depicted on the GDP. Such design shall be in accordance with VDOT specifications and subject to review and approval by Frederick County and VDOT. ("F" to "G" to "ll" to "J" on the GDP). 14.2.3 Prior to the issuance of the first building pem-iit the Applicant shall design and construct an extension of 1-Iilandale Road from Crosspointe Boulevard extended in an easterly direction between the Phase I commercial and residential developments as generally depicted on the GDP. Such design shall be in accordance with VDOT specifications and subject to review and approval by Frederick County and VDOT. ("I" to "H" on the GDP). 14.2.4 At a time approved by VDOT the Applicant shall design and construct an additional lane on SBL U.S. Route 1 1 between the interchange ramp intersections with Route 37 as generally depicted on the GDi'. Such design shall be in accordance with VDOT specifications and subject to review and approval by Frederick County and VDOT, ("A" to "B" on the GDP). 14.2.5 The Applicant shall perform design studies and secure.. approval of a ramp modification plan for the 1-81 NBL off ramp and the 1-81 NBL on ramp in order to meet LOS "C" conditions in accordance with the TIA. VDOT and FI-IWA approvals and funding for the required improvements shall be secured to perform the Nvork plan as approved prior to the issuance of the first building permit in Phase 1. ("D" and "C" as shown on the GDP). 14.2.6 Full left and right turn commercial entrances to Warrior Drive shall be limited to one location approximately midway between "M" and "K". 14 2.7 Full left and right turn commercial entrances to Tasker Road shall Pa-e7of1? Crosspointe Center Prafficr Statement be limited to four with two allowed between "F" and "G" and one each allowed at "H" and "Y'. 14.3. Road entrances to Crosspointe Boulevard shall be limited to two entrances at "G" and at " M" as shown on the GDP. No other entrance or road connections to Crosspointe Boulevard shall be allowed without the express approval of Frederick County and VDOT. The following traffic improvements shall be designed and constructed during Phase 11 and shall be completed prior to issuance of the first occupancy permit in Phase 11. unless noted otherwise herein. The exact location and design of' such improvements shall be in substantial conformance with the GDP but sul?ject to reasonable adjustment upon final engineering thereof_ 14.3.1 The Applicant shall design and construct Tasker Road extended to Warrior Drive. (" J" to "K" on the GDP). 14.3.2 The Applicant shall design and construct Warrior Drive from Crosspointe Boulevard to the north limits of the development. ("L" to "K" to "M" on the GDP). 14.3.3 The Applicant shall design and construct a two-lane extension of Crosspointe Boulevard to Warrior Drive. ("G" to "M" on the GDP). 14A. The following traffic improvements shall be designed and constructed during Phase Ill and shall be completed prior to issuance of the first occupancy permit in Phase Ill, unless otherwise noted herein. The exact location and design of such improvements shall be subject to reasonable adjustment upon final engineering thereof: 14.4.1 'file Applicant shall design and construct WatTior Drive from Crosspointe Boulevard to the south property boundary. (1\4- to "N" on the GDP). 14.4.2 The Applicant shall design and construct two additional lanes to Crosspointe Boulevard from the intersection with Tasker Road to Warrior Drive. ("G" to "M" on the GDP). 14.4.3 The Applicant shall design and construct a four lane, divided roadway from Warrior Drive to the cast limits of the development. ("M" to " O" on the GDP). 14.4.4 No construction permits for commercial or residential uses in Phase I1I shall be applied for until one of the three following conditions exist: Warrior Drive is extended Irom the south across off:site properties to intersect with 'Masker Road (S.R. 642) (at "N") or Paae 9 of 12 C� Crosspointe Center Proffer Slatement with links provided to U.S. Route 522. (At "O") 2. Warrior Drive is extended from the north across offsite properties to intersection with Paper Mill Road (S.R. 644). (At "L"). 3. A revised Transportation Impact Analysis is prepared, reviewed and approved by Frederick. County and VDOT, which provides justification for Phase III transportation impacts. 14.5. The Applicant understands that the route of Crosspointe Boulevard may be used for an improved arterial road location in the future. The Applicant shall plan for a 220' wide corridor with additional right of way to allow for interchanges at the intersections of 1-81 and Warrior Drive. The limits of the additional right of way shall be determined at the time of Master Plan approval. The area outside of the 90' to 110' right of way required for Crosspointe Boulevard shall be planned as open space, and in the event such a program is funded to provide for an upgraded roadway with a lull transportation intersection at Warrior Drive, such right of way shall be dedicated at no cost to the County. ("E" to "G" to "M" to "O" on the GDP). 15. CULTURAL RESOURCES INVESTIGATION AND PRESERVATION 15.1. The Applicant shall preserve Hilandale House for such uses as may be deemed appropriate by the Applicant. The Applicant shall further create a five -acre preservation park immediately surrounding the House, as generally depicted on the GDP. 15.2. The Applicant shall create a ten -acre preservation park immediately surrounding the encampment area associated with Camp Russell, as generally depicted on the GDP. 15.3. The Applicant shall create a two -acre preservation park surrounding the Carysbrook Redoubt area, as generally depicted on the GDP. 15.4. Prior to the commencement of any land disturbing activities on the Property, the Applicant shall perform a Phase I Archeological Study for investigation of those portions of the development outside the development area previously studied in the Route 37 Final Environmental Impact Statement/Section 4(f) Evaluation (the "FEIS"). In the event that the Phase I study indicates that further study is required, then the Applicant shall take such further preservation studies as may be indicated. 15.5. If the Applicant constructs the extension of Warrior Road in the alignment contemplated by and studied in the FEIS, the Applicant will coordinate that construction with the Federal Highway Administration ("FHA" ), the. Virginia State historic Preservation Officer ("SHPO" ), VDOT. and LJ ('rcrospointe Center Prof er Statement Frederick County, to assure implementation of the Memorandum of Agreement previously entered into between the County, the FHA and the State Historic Preservation Officer pursuant to 36 CFR § 800.6(a). 15.6. Any additional archeological features identified during die Phase I study will be evaluated in accordance with VDHR guidelines. and in the event that a National Register -eligible site is identified, the Applicant will work with VDHR and the County to mitigate any adverse effects that may result from the proposed development. 16. DEDICATION OF AREA FOR GOVERNMENT SERVICES 16.1. At such time as the Board intends to construct a facility as provided herein, the Applicant shall dedicate to the Frederick County Board of Supervisors, or such entity as the Board may direct approximately nine acres of land in a location agreeable to the Board and the Applicant for the placement of government services, for satellite offices including a public safety building, and any other governmental services as the Board may direct, provided, however that this shall not permit construction of a motor pool maintenance facility or impoundment yard or similar uses. Tile dedication shall occur within thirty (30) days of the Board's written request to the Applicant. Any such facility shall be compatible w-ith the design of the Project as otherwise provided in Proffer 2.1 herein. 16.2. The dedication provided for herein shall be made within three years from the date of approval of the rezoning as applied for, provided that the Board upon its written request shall be granted two additional years within which to request such dedication. In the event that dedication or extension is not requested within the time here provided, the Applicant shall pay to the County the sum of $200,000.00 in lieu of such dedication or extension within sixty days of the expiration of the applicable period. 17. ESCALATOR CLAUSE 17.1. in the event the monetary contributions set forth in the Proffer Statement are paid to the Frederick County Board County Supervisors (`Board") within 30 months of the approval of this rezoning, as applied for by the Applicant, said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in the Proffer Statement which are paid to the Board after 30 months following the approval of this rezoning shall be adjusted in accordance with the Urban Consumer Price Index (" CM-U"') published by the United States Department of Labor, such that at the time contributions are paid, they shall be adjusted by the percentage change in the CPi-U from that date 24 months after the approval of this rezoning to the most recently available CPI-U to the date the contributions are paid, subject to a cap of 6% per year, non -compounded. IIase 10 of 12 Crosspoinle Center I'roJ��rr Stutemcnt SIGNATURES APPEAR ON FOLLOWING PAGES lla-c 1 I of 12 Ll 0 Crosspoinle Center By: Title: COMMONWEALTH OF VIRGINIA. CITY/E`t' OF Pr( er Slalemenl GLAIGE; D VELOPMENTS. INC. to -wit The foregoing instrument was acknowledged before me this q day of 1,lctinveJu� , 2004, by-Cr�i— Notary Public My Commission expires: Ie _ZA `C-3`\ J:\4 :'A'461REZONING\REZ.ONIN'(;V'RUFFL-RS,Pr(ilTer 012 3.doc Page 12 of 12 E • f,1 i1.�11.11. 1'.1) ))1.\1•.l.illl; :Ills f I11\ f '� r� 0 0 ,.j ,I ': "i III-"N �f NI I.'[ 011' 11 Ft A s F'. I mC R 0 S S P 0 1 N T F, m Lft-..D;.XICK El r ii RESIC)dNT-LAL - RP i 12.01 I D '00O� 0000 PHASE. Ax It NAZO RESIT ENTLAL-RP ;00 COMME!A C L _ EXTENSION ell clo, 1�9L W a3 ACRES 0 G r I / 1'O PAPER MILL ROAD RES10EJd�TtAL� RP • .y'' ., ..= ,�< :'� ; " Mau..:•,;•: �'.. , RESIpEMTawmatAi�tP ' e� 3 � A 1 N 40 `` REST �ENTIAi-RP .' l MMFR.CIAL Si.ot ~ %TENSION �.-...I V TE uj OMMEkCIAI' RESIOEN7IAC- - \ SIl 4. •G11e8 �.'• - 1 RI ;71 qlCt� ('I7( \'I'Y, VIq(:I\1.\ -j .. ...,,..,, ' • w,..4,n r. PI.�IZ�I (, \1'N 1), !, U1. `. ,.f t.Psl Y. TOUTPAPER MILL ROAD r . 4. ,'.. -:�• 1. _`_: � `_��•-"�:::.....::�',•.. ._ -�� _ I RE, IDIENlTIAIi•-:RR I RE51QENTIAL +nv+:ms SID£NtTt$IpMiils '•'• . ..rY l 1 t Alow`" ' ♦ .. _ '�YE�ytocs ;R£Sf0EN41A:dkP irAtex+' xr , 1:.a; � OOMM�R 8-Y i C MtdEACI t__ AL'13 j +Eamacx ( - - '•.� ' ��� f� s is ' .., COMMERCIAL g� OMIT fGUL8;3': y 'A CpriE:E7rcENStorr aC1::' ' RESIDENW.[nl '•/ y • Nk \ y 4C IAL rRP \ cn -v r. \ � J1J , ���.;, r:i._:r•'r tlr•^., TO WARRIOR ROAD "�.1..«.•�7,1- RESIOLNTIAL . it Is ACRE] 1 ....yttEStN6 tl•l L'YE -1' 17yOMML )ESIDENffAti"" .' M ( ERCIA--•, \ fir`: �'�� •'i�'t .l': :.`.: �,"^�,,. ., —. PHRn1 R1�111 P, I1'1: I,t •( •.'1'S. t Ikt.s\l, � w..w .. ..v �.�'. .w.l.wa r.. :.irr..;I:: j.l, :,Lt'.r,,,•.Ir\r 1•L;\ w �,� �� 1 'l"121' 11 .`�:: " -.,.c,.. ' ` -=; �� (' Ir0 A 0 lY fN0 \yN�.GA►( AR[A PHASff ��„- ,I•r: AO/[G[N(LpYY[RG4 RESIDENTAL - RP , TYPICAL STREETSCAPE SECTION TASKER i WARRIOR ROADS 6iARAul� NORTH OF CROSSPOINTE BLVD " Lrrtl tVAmJN , i�•6;'.. Y t rNa "r..!�t' 't:t _ i owe = • I 4 rT'+�. Ag�R R�'' -, i. -s, RESIDENTIAL -RP . y�RESIDENTIAL-RP I- FN,ae I �® I RESIDENTIAL•RP ��/� rrwFni,.0'f �'• COMMERCIAL S-2 i 1�0MjE'RG'I'AL B. ffIF�NAALE LANE COMMERCIAL B - 2-- .- , GOAMAERGUIL D-2 MMSRCIAL a: I 1 I i p `SL . �• _... i : :. - SC- ., rwur ^tafa.f r ` , r .`� / t Y ;`.FK__N Q\ • __I RESIDENTIAL • R? .1wts7ri,:r6, _ UwFLn I ._s� a� \. +. �` i r• {• -` , I .f-SC.•r. l.• i pl►Ip,NE FX,�Aa: N..'w 1� 'r�/,� :.I, + �_.: i VAIiITEyT }: } <••. '-� i+uFtix �! p/ � -r���; ,I �. COMMERCIAL 84 LL,01,11E/I NvAnU•f® 11 ` • 1- PN/1f III RESIDENTIAL - RP PLAN KEY 1j 1jj((//•_.''- ' ` J� , _ .. t • r.No � PROPOSED STREAM PRESERVATION BUFFER FYJS [-i ¢ aR! � �511C. , COMMERCIAL, i r A6E" rw._aP^Aron -•.,• �'- PROPOSED POCKET PARK �_ � RESIDENTIAL - RP allFFtf AR.> ...... PROPOSED PEDESTRIAN TRAIL \ ■C R O S S P O I N T E F RV..0 1+R I c r cu UN CY. YI. GIP1f\ -�..w / -� . :. �..... •. ...... fK 1'H1Zn t:1:10:RALIT,IED DEVELOPMRNT PLAN OAAK; 7 RA[L, AND BUFFER M- 41S1Y' " CJ 0 '6 C TRUWRICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 April 26, 2007 Mr. Patrick Sowers Patton Harris Rust & Associates 117 E. Piccadilly St., Ste. 200 Winchester, VA 22601 RE: MASTER DEVELOPMENT PLAN 917-06 FOR CROSSPOINTE CENTER Dear Patrick: The Frederick County Board of Supervisors approved the above referenced Preliminary Master Development Plan on April 25, 2007, contingent on receiving approval from VDOT and all County agencies. Your firm will need to submit a Final Master Development Plan for this project which addresses all review agency comments, as well as all comments of the Planning Commission and Board of Supervisors. Our department will provide your firm with administratively approved copies of this plan once these issues have been addressed. If you have any questions regarding the approval of this master plan or requirements needed for submission of your Final Master Development Plan, please do not hesitate to call me. Sincerely, Candice E. Perkins Planner II CEP/bad cc: Gene Fisher, Shawnee Magisterial District Supervisor June Wilmot and Robert A. Morris, Shawnee Magisterial District Commissioners Jane Anderson, Real Estate Commissioner of Revenue Glaize Developments, Inc., PO Box 888, Winchester, VA 22604 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 a MASTER DEVELOPMENT PLAN #17-06 CROSSPOINTE CENTER Staff Report for the Board of Supervisors Prepared: April 16, 2007 Staff Contact: Candice E. Perkins, Planner II This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist in the review of this application. It may also be useful to others interested in this zoning matter. Reviewed Planning Commission: 04/04/07 Board of Supervisors: 04/25/07 Action Recommended Approval Pending LOCATION: The subject site is located in the Kernstown area, east of the southern terminus of Route 37, north and adjacent to Lakeside Subdivision, and east and adjacent to Tasker Road (Route 642). MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER(s): 75-A-89, 75-A-89A, 75-A-90, 75-A-91, 75-A-92, 75-A-94, 75- A-95 and 75-A-96 PROPERTY ZONING & PRESENT USE: Zoned: B2 (Business General) Use: Vacant and Agricultural RP (Residential Performance) Use: Vacant and Agricultural ZONING & PRESENT USE OF ADJOINING PROPERTIES: North: RA (Rural Areas) South: RP (Residential Performance) East: RA (Rural Areas) R4 (Residential Recreational) West: Ml (Light Industrial) B2 (Business General) B3 (Industrial Transition) Use: Residential and Agricultural Use: Residential (Lakeside Subdivision) Use: Residential and Agricultural Use: Villages at Artrip Use: Commercial, Industrial & Utility Commercial, Industrial & Utility Commercial, Industrial & Utility MDP #17-06, Crosspointe A • April 16, 2007 Page 2 PROPOSED USE: Up to 1,578 single family homes at Phase III build -out, and 960,000 square feet of commercial uses REVIEW EVALUATIONS: Virginia Department of Transportation: The master development plan for this property appears to have significant measurable impact on Route 642, 37, 81 and 11, the VDOT facilities which would provide access to the property. VDOT offers the following comments: • The MDP does not address the future phasing of the Tasker Road/Crosspointe Boulevard conversion to a grade -separated intersection. Unless the overpass is properly designed and constructed with the Phase 1 extension of Crosspointe Boulevard, it does not appear that the future conversion can be feasibly accomplished without severely restricting and/or shutting down both Tasker and Crosspointe Boulevard. • The MDP does not reflect necessary improvements to the Route 81/37 interchange currently under review by the Federal Highway Administration. The Residency cannot officially endorse this partial submittal (which does not include the 81/37 improvements under consideration by FHWA) until the Limited Access Control modification is approved by FHWA and the Virginia Commonwealth Transportation Board. • There are numerous secondary roads shown in the MDP that have not been identified as to whether they will be public or private streets. Clarification is required. Before making any final comments, this office will require a complete set of site plans, drainage calculations and traffic flow data from the I.T.E. Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization, and off -site roadway improvements and drainage. Prior to construction on the State's right-of-way, the developer will need to apply to this office for issuance of appropriate permits to cover said work. Staff Note: While this MDP can be reviewed by the Planning Commission and Board of Supervisors, it cannot be administratively approved until VDOT has provided an approval comment. Frederick County Fire Marshal: Plan approval recommended. Frederick County Public Works: The revisions provided on March 23, 2006 have addressed all of our February 22, 2006 comments except the requirement for a detailed wetlands delineation study. We understand that this study is currently in progress and will be incorporated in the final MDP document. Please provide this office with a copy of the final wetland study. Receipt of this report will constitute our approval of the MDP. Frederick County Sanitation Authority: 2nd review - approved Frederick Winchester Service Authority: I would like to make one general comment with regards to this project; that is that the staff and applicant should be aware that, with nutrient restrictions placed on Frederick -Winchester Service Authority facilities, there will be future limited capacity. In the case of the Parkins Mills Wastewater Treatment Facility, presently under an expansion mode to expand from 2 to 5 MGD, future capacity will be available. However, MDP #17-06, Crosspointe Ater April 16, 2007 Page 3 there will, at some point, be a limit reached that may be outside of the completion span of this project. Frederick County Inspections Department: Demolition permit is required prior to removing any structures. No additional cominent required until review of subdivision or site plans. Please set 100 year FEMA flood plain elevations on all plans submitted. GIS Department: Crosspointe Boulevard has been entered into the Frederick County Road Naming and Structure numbering system. Changes to Tasker Road will be a big problem — not enough numbering available to cover distance. Recommend denial of Tasker Extension road name. Winchester Regional Airport: The proposed rezoning request has been reviewed and it appears that it will not impact operations at the Winchester Regional Airport. Department of Parks and Recreation: Developer has indicated that an open space summary will be provided at the time of subdivision or site plan review. Developer has indicated on plan that required recreational units will be detailed for approval by staff at time of site approval. When considering the scope of this development, it concerns staff that the developer has not been required to provide a comprehensive recreational amenities plan prior to this point in the process. The concept presented for the pedestrian/bicycle trail system appears to be appropriate. Trail detail also appears to meet department standard. Developer states that all trail signage to be submitted for approval at site plan review phase for each landbay. The monetary proffer for Parks and Recreation does not appear to be adequate to offset the impact this development will have on the capital facility development needs for the Park and Recreation Department. Frederick County — Winchester Health Department: No objection if public water and sewer is provided. Frederick County Public Schools: Based on the information provided, it is anticipated that the proposed Phase I, Phase II and Phase III will have an impact as follows: Phase I having 616 single family homes with 100 being age restricted -will yield 201 elementary school students, 72 middle school students and 88 high school students; Phase II having 513 single family homes with 100 being age restricted will yield 161 elementary school students, 58 middle school students and 70 high school students; and Phase III having 449 single family homes will yield 175 elementary school students, 63 middle school students and 76 high school students. This will total 361 students in Phase I, 289 students in Phase II and 314 students in Phase III with a grand total of 964 new students upon build -out of Phases 1, II and III. Significant residential growth in Frederick County has resulted in the schools serving this area having student enrollments nearing or exceeding the practical capacity for a school. The cumulative impact of this project and others of similar nature, coupled with the number of approved, undeveloped residential lots in the area, will necessitate the future construction of new schools facilities to accommodate increased student enrollments. The impact of this master development plan on current and future school needs should be considered during the approval process. PlanninLy & Zoning: MDP #17-06, Crosspointe Aer April 16, 2007 Page 4 A) Master Development Plan Requirement A master development plan is required prior to development of this property. Before a master development plan can be approved, it must be reviewed by the Planning Commission, Board of Supervisors and all relevant review agencies. Approval may only be granted if the master development plan conforms to all requirements of the Frederick County Zoning and Subdivision Ordinances. The purpose of the master development plan is to promote orderly and planned development of property within Frederick County that suits the characteristics of the land, is harmonious with adjoining property and is in the best interest of the general public. B) Location The subject site is located in the Kernstown area, east of the southern terminus of Route 37, north and adjacent to Lakeside Subdivision, and east and adjacent to Tasker Road (Route 642). C) Site History The original Frederick County zoning map (U.S.G.S. Stephens City Quadrangle) identifies the subject parcels as being zoned R-2 (Residential, Limited) and R-3 (Residential, General). The subject parcels were remapped to the A-2 (Agricultural, General) District via the county -wide downzoning adopted on October 8, 1980. A portion of parcel 75-A-89 totaling approximately 17 acres was rezoned from A-2 to B2 (Business General) through approval of rezoning application # 003-88 of SHIHO, Inc. on March 9, 1988. No proffers were included with this rezoning. The County's agricultural zoning districts were subsequently combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re -mapping of the subject properties and all other A-1 and A-2 zoned land to the RA District. The subject parcels which make up this MDP were then rezoned to the B2 (Business General) and RP (Residential Performance) with Rezoning application #13-03 which was approved with proffers by the Board of Supervisors on February 11, 2004. D) Site Suitability & Protect Scope Comprehensive Policy Plan: The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1-1] Land Use Compatibility: The parcels comprising this MDP application are located within the boundaries of the South Frederick Land Use Plan (SFLUP) and are described as being within the SFLUP MDP #17-06, Crosspointe Comer • April 16, 2007 Page 5 Central Area. The 574.37 acres subject to this MDP are located within the Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA). The SFLUP designates the project site for mixed use and residential land uses, respectively. The residential designation applies to the portion of the site adjacent and north of Lakeside Subdivision and extends northward to the planned path of Route 37 extended, as shown on the adopted SFLUP map. The residential designation is intended to complement and expand the suburban residential land use pattern already established south of the site. The development program which was proffered by the applicant for Crosspointe Center would enable a maximum of 1,578 dwelling units (of which 200 shall be age -restricted) and 960,000 square feet of commercial floor area. To ensure that a variety of housing types are available within Crosspointe Center, the applicant proffered that no more than 1,042 (66%) of the total permitted dwelling units will be developed as single family detached housing types. The proffered phasing program for the development can be summarized as follows: Phase 1: Commercial: Minimum of 210,000 square feet of gross leaseable floor area. (shall be completed prior to commencement of Phase 2 residential) Residential: Maximum of 616 dwelling units, to include 100 age - restricted. Phase 2: Commercial: Minimum of 390,000 square feet total gross leaseable floor area. (additional 180,000 square feet developed during this phase; shall be completed prior to commencement of Phase 3 residential) Residential: Maximum of 513 dwelling units, to include 100 age - restricted. Phase 3: Commercial: Phase 2 minimum commercial development shall be completed, which, as noted above, will yield 390,000 square feet of total gross leaseable floor area. This minimum floor area shall be completed prior to commencement of Phase 3 residential development. Commercial development will continue until maximum proffered floor area of 960,000 square feet is reached. Residential: Remainder of residential program to be developed, consisting of a maximum of 449 dwelling units. Environment: There are areas of floodplains, wetlands and steep slopes located within this development, however, there are no conditions which exist on the subject site that would preclude or significantly limit development. MDP #17-06, Crosspointe CilEer April 16, 2007 Page 6 Historic Preservation During the rezoning, the applicant proffered to establish three preservation parks within Crosspointe Center development, around Hilandale House, the Camp Russell encampment area, and the Carysbrook Redoubt, respectively. The Hilandale House itself will be preserved within the proffered five -acre preservation park, and may be adaptively reused as deemed appropriate by the applicant. The Camp Russell preservation park will consist of ten acres and the Carysbrook Redoubt Park will be comprised of two acres. The three preservation parks will be accessible to the public via the proffered pedestrian trail system. Proffers Please see attached proffer statement Transportation With the rezoning, the applicant proffered a series of transportation improvements intended to enhance the existing system and ensure adequate accommodation of projected trips. The improvements proffered by the applicant are depicted on the MDP as well as the Generalized Development Plan (GDP) from the rezoning. Each improvement is labeled and corresponds to the text in the proffer statement which is included with the agenda. The principal improvements proffered by the applicant may be summarized as follows: • Realigninent and Extension of Tasker Road (Route 642) - Proffered to extend across site and intersect with Warrior Drive within project; • Extension of Route 37 in the form of Crosspointe Boulevard - Proffered to extend from southern terminus at I-81 to eastern project boundary; • Extension of Warrior Drive - Proffered to be constructed through eastern portion of site following a general north - south alignment; ultimate location and design. will facilitate connections with sections of road to be constructed via adjoining developments. • Construction of an Additional Southbound Lane on Route 11 - Additional lane to be constructed at Route 37/Route 11 interchange between Route 11 ramps. The TIA identified certain improvements as necessary prior to the commencement of project development. The applicant has therefore proffered to complete the following improvements prior to the issuance of the first building permit for Crosspointe Center: Crosspointe Boulevard will be constructed to extend east from the current terminus of Route 37 approximately 1,100 feet. MDP #17-06, Crosspointe lepter April 16, 2007 Page 7 • Tasker Road (Route 642) will be realigned to intersect with the terminus of the Crosspointe Boulevard extension and will be constructed beyond this intersection as depicted on the MDP and the proffered Generalized Development Plan (GDP). • Hilandale Road will be realigned and extended. • Northbound Interstate 81 interchange ramps will be modified to achieve a LOS C. Prior to ramp relocation, the applicant shall secure necessary design approvals fiom the Federal Highway Administration (FHWA) and the Virginia Department of Transportation (VDOT) and obtain the funding necessary to complete the approved work plan. Overall Transportation Improvements The ultimate design for the I-81/Route 37 interchange is intended to become a full cloverleaf. The ultimate design for Route 37 through the Crosspointe development would include bridges over both Tasker Road and Warrior Drive. The applicant has only committed to at grade intersections with Crosspointe Boulevard (Route 37) and Tasker and Warrior Roads. Revisions at both of these intersections would be required in the future at both of these intersections to provide the grade separated situation. These improvements needed to achieve the ultimate design of Route 37 would be at the expense of VDOT and/or Frederick County. The road detail for Crosspoint Blvd on sheet 2 shows phase 2 and phase with a 110' ROW but does not appear to make any commitments to provide any of the shoulders or the grading. Other Issues Proffer 3.3 stated that a comprehensive sign plan would be presented as part of the Master Development Plan submission for approval by Frederick County. The applicant has only provided a statement on sheet 2 regarding commercial and residential signage within the development. The "sign specifications" provided by the applicant are not adequate and a complete sign package with sign details needs to be provided to implement this proffer. Staff Note: After the Planning Commission meeting the applicant revised the MDP to state that prior to the first site plan or subdivision design plan, a comprehensive sign plan shall be submitted to the Planning Department for review and approval. PLANNING COMMISSION SUMMARY AND ACTION OF THE 04/04/07 MEETING: The staff pointed out four outstanding issues remaining with the MDP: 1) the absence of a detailed comprehensive sign package which was proffered to be submitted with the MDP; 2) the absence of the designation of PIN 75-4-2, owned by Glaize Developments, Inc., on the MDP; 3) the absence on the MDP of the designated location of nine acres agreed to be dedicated to Frederick County for the placement of government services; and, 4) the absence of road detail for Route 37. Additionally, staff noted that the MDP will not be administratively approved until MMP #17-06, Crosspointe *.ter April 16, 2007 Page 8 all agency approvals are received, including the Federal Highway Administration, the Commonwealth Transportation Board, and VDOT. The applicant's representative, Mr. John H. Foote, PC, noted that overall project standards and signage would be covered under future restrictive covenants; however, the applicant agreed to submit a sign package for administrative approval. Regarding the nine acres of dedicated property, Mr. Foote pointed out that the site must be a mutually -agreed upon location. He reported they had just recently received a request from the Board of Supervisors to extend the three-year time period by an additional two years to allow the County additional time to make decisions on the area to be designated. Mr. Foote said the applicant did not have the ability to designate an area on the MDP until the County decides on a site location. Mr. Foote stated that the applicant is obligated to make the dedication within 30 days of the Board's written request of an identified area. The applicant pointed out a reference to Parcel 75-4-2 on Sheet #3 of the MDP, noting that this parcel was not included in the original Rezoning #13-03. VDOT representative, Mr. Scott Alexander, agreed with staff about the road detail for Route 37 that was still needed. Commissioners had numerous questions about VDOT's plans for the Warrior Road and Route 37 interchange, the grading, the bridge, and the right-of-way. They asked if the work taking place by this developer will not ultimately have to be redone at a tremendous waste of money. Commissioners also discussed the massive road changes that would need to take place and how it would affect normal traffic flow. They asked VDOT if the transportation improvements were tied to the phasing in such a way that the next phase of development could not proceed until the transportation issues in the previous phase had been satisfied. Mr. Alexander believed there were enough contingencies within the proffers to prevent the developers from continuing onto another phase of development without approvals from VDOT or the County. Mr. Alexander added that VDOT's concurrence with the plan must include a caveat that the Federal Highway Administration and the Commonwealth Transportation Board must agree on the interchange improvements. He said that VDOT was comfortable with the plan and believed it was a good first step for the transportation network in that area. A member of the Commission questioned the applicant about the possibility of dedicating the open space along the Opequon Creek to Frederick County, under the management of the Parks and Recreation Department, for a linear trail in conjunction with the Opequon Watershed Recreational Use Agreement. He believed the applicant could successfully achieve this under the current proffers and through the HOA's restrictive covenants. The applicant was willing to consider the dedication and agreed to look further into the matter. There were no public comments. A motion was made, seconded, and unanimously passed to recommend approval of the MDP for Crosspointe with the following two caveats: 1) an administratively -approved comprehensive sign plan shall accompany the approved MDP; and, 2) the County shall take action to identify the nine -acre government services site. (Note: Commissioners Thomas and Mohn were absent from the meeting.) MDP 917-06, Crosspointe Ater April 16, 2007 Page 9 STAFF CONCLUSIONS FOR THE 04/25/07 BOARD OF SUPERVISORS MEETING: This MDP is for 574.37 acres of land which is zoned RP and B2 and is intended to accommodate 1,578 dwelling units and 960,000 square feet of commercial uses. The master development plan for Crosspointe Center depicts appropriate land uses and appears to be consistent with the requirements of Article XVII, Master Development Plan, of the Zoning Ordinance. The preliminary master development plan is in accordance with the proffers for Rezoning #13-03 with the exception of the comprehensive sign plan requirement. All of the issues brought forth by the Board of Supervisors should be appropriately addressed by the applicant. Staff would note that even after review by the Board of Supervisors, the MPD will not be administratively approved until the applicant has received approval from the Federal Highway Administration (FHWA) and the Commonwealth Transportation Board (CTB) and has satisfied VDOT. It would be appropriate for the Board to make their approval contingent upon receiving the FHWA, CTB and VDOT approvals. The applicant is seekin,- approval authorization of the preliminary master development plan by the Board of Supervisors. The Board's authorization will -rant staff with administrative approval authority for the final master development plan. 0 MDP#17-06 "pi•y #Tel0ft�0-M I �/ 1 �' /�`,`•`Si�A L m ,'ter $'�W•,i,�•1 Zoning Map C� • u • Page 1 of 4 Candice Perkins From: Alexander, Scott [Scott.Alexander@VDOT.Virginia.gov] Sent: Thursday, March 22, 2007 4:18 PM To: 'Patrick R. Sowers'; Ingram, Lloyd Cc: Copp, Jerry; 'Eric Lawrence'; 'Candice Perkins (E-mail)'; Bishop, John A.; Funkhouser, Rhonda; 'John Callow'; 'Ronald A. Mislowsky'; 'Alan P. Wheaton'; Tom.Price@phra.com Subject: RE: Crosspointe MDP Patrick: The "interchange Plan" on Sheet 8 is referenced by note at the bottom of Sheet 3.... If you can add the same note to the bottom of Sheet 2, I'm good. And speaking of notes, the "Master Plan Approval Note" (Tasker Road configuration) escaped my notice. Acknowledging this/leaving to the plan development stage is ok; just be prepared to work this issue through thoroughly during the site plan development. (My apologies to Ron & Alan.) The note should be modified to include the Warrior intersection, as it appears that the same conditions apply there. If it is understood that approval of the MDP is *not* an endorsement of the unusual intersections/two-approach-roundabouts/eyebrows north and west of Tasker extended, and with the modifications noted above, I believe we can conclude the MDP review. Just let me know if you're building the bridge.... As general reminder, we can not officially endorse the plan until the FHWA/CTB limited access control/interchange modifications are approved. We hope that the County will approve the plan contingent on FHWA/CTB approval. Scott Scott Alexander Assistant Residency Administrator VDOT - Edinburg Residency 14031 Old Valley Pike Edinburg, VA 22824 Phone: 540-984-5605 Fax: 540-984-5607 -----Original Message ----- From: Patrick R. Sowers[mailto:Patrick.Sowers@phra.com] Sent: Thursday, March 22, 2007 11:55 AM To: Alexander, Scott; Ingram, Lloyd Cc: Copp, Jerry; 'Eric Lawrence'; 'Candice Perkins (E-mail)'; Bishop, John A.; Funkhouser, Rhonda; 'John Callow'; 'Ronald -A. Mislowsky'; 'Alan P. Wheaton'; Tom.Price@phra.com Subject: RE: Crosspointe MDP Scott, A quick reply to some of your comments: 1) Sheet 7 of 8 of the Master Plan submitted to you depicts the modified ramp alignments for I-81. I have attached a PDF of that sheet for 4/19/2007 • • Page 2 of 4 reference. 2) The internal residential road network would be public unless private streets were utilized for certain housing types such as single family small lot or townhouses (as permitted by Ordinance). In short, most will be public but some may be private. Design of each roadway would be completed during the Subdivision Design Plan phase of the project to ensure that all public roadways conform to VDOT standards. I will get with Ron and Alan to provide a response to your comments regarding the interim and ultimate alignment of Tasker Road. Feel free to give me a call if you would like to discuss. Thanks, Patrick Patrick R. Sowers Planner Patton Harris Rust & Associates, pc 117 East Piccadilly Street Winchester, Virginia 22601 P 540.667.2139 F 540.665.0493 www.phra.com -----Original Message ----- From: Alexander, Scott [mailto:Scott.Alexander@VDOT.Virginia.gov] Sent: Thursday, March 22, 2007 10:20 AM To: 'Patrick R. Sowers'; Ingram, Lloyd Cc: Copp, Jerry; 'Eric Lawrence'; Candice Perkins (E-mail); Bishop, John A.; Funkhouser, Rhonda; John Callow; 'Ronald A. Mislowsky' Subject: RE: Crosspointe MDP Patrick: Our prior comments from December 2006 remain unaddressed. To reiterate: 1. The MDP geometry does not appear to provide for the future Tasker Road/Crosspointe Boulevard conversion to a grade -separated intersection (i.e. the interim Tasker is too close to the ultimate Tasker alignment). * In a meeting on February 20, 2007 PHR&A provided a cross-section of the alignments, but did not include the bridge dimensions in the section. * To illustrate our concern, I have taken the section provided at the meeting and added the approximate bridge elevation (attachment). Note that there is only about 15' between the edge of interim Tasker and the pile cap. Sheeting, whales, tieback hardware, traffic barrier, etc. further reduces this clearance.... Please review this clearance and demonstrate how a pile driving crane will maneuver in this area. Also of concern would be the NW abutment wing construction. 4/19/2007 0 9 Page 3 of 4 * That being said, in the February 20 meeting it was revealed that the applicant plans on constructing the bridge. If this is the case, and it is constructed with Phase I of the project, then there is no issue. Please denote this on the MDP. * As discussed at the meeting, there are similar phasing concerns with the Warrior crossing that should be clarified. 2. The MDP does not reflect the I-81 ramp relocations, which are currently part of the Interchange Modification Request and a necessary improvement demonstrated by the TIA. 3. There are numerous (apparent) secondary roads shown on the MDP with obvious geometric issues. Please advise if these are to be public streets. The preliminary right-of-way reservation for a Warrior interchange appears adequate for MDP purposes. Please note, however, that this interchange was not in the original ROD. While the Residency and MPO supports this interchange, and it is included in the ROD Reevaluation currently underway, the eventual MDP concurrence/approval alone does not obligate VDOT or the Commonwealth to the interchange. We look forward to sharing the results of the Reevaluation as soon as available. If you have any questions, don't hesitate to give me a call. Scott Scott Alexander Assistant Residency Administrator VDOT - Edinburg Residency 14031 Old Valley Pike Edinburg, VA 22824 Phone: 540-984-5605 Fax: 540-984-5607 From: Patrick R. Sowers[mailto:Patrick.Sowers@phra.com] Sent: Wednesday, March 21, 2007 11:29 AM To: Ingram, Lloyd Cc: Alexander, Scott 4/19/2007 Page 4 of 4 Subject: Crosspointe MDP Lloyd, Frederick County Planning Staff has asked if VDOT has any additional comments on the most recent Crosspointe MDP (which depicts the ROW location for the future Warrior/Route 37 interchange). We are going forward with an April 4th Planning Commission date and wanted to give you the opportunity to provide any additional comments that VDOT may have regarding the newest plan. Thanks, Patrick Patrick R. Sowers Planner Patton Harris Rust & Associates, pc 117 East Piccadilly Street Winchester, Virginia 22601 P 540.667.2139 F 540.665.0493 www.phra.com <http://www.phra.com/> 4/19/2007 PROPOSED PROFFER STATEMENT REZONING: R7.. # : RA-1 to RP and 13-2 PROPERTY: 574.37 acres +/-, Tax Map Parcels 75-A-89, 89A, 91, 91 95, 96 and a portion of 75-A-90 and 75-A-94 (the 1411'roperty") RECORD OWNER: Glaize Developments, Inc., a Virginia corporation. APPLICANT: Glaize Developments, inc. PROJECT NAME: Crosspointe Center ORIGINAL DATE OF PROFFERS: August 27, 2003 REVISION DATA: October 22, 2003 January 23, 2004 The undersigned hereby proffers that the use and development of the subject property ("Property"), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day .following the last day upon which the Frederick County Board of County Supervisors (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the tern rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. if this application is denied by the Board, but in the event that an appeal is for any reason thereafter remanded to the Board for reconsideration by a court of competent jurisdiction. then these proffers shall be deemed withdrawn unless the. Applicant shall affirmatively readopt all or any portion hereof in a writing specifically for that purpose. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement. unless otherwise specified herein. T1ic term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan" shall refer to the plan entitled "Generalized Development Plan, Crosspointe Center' dated August 12, 2003, as revised October 20. 2003) (the Pale 1 (if 12 ('rosspornle Carter and shall include the following: Prnffrr Stalcmcnl 1. the "Overall GDP," dated .August 12, 2003, as revised October 20, 200 3; 2. the "GDP, Phase I," dated August 12. 2003, as revised October 20, 2003: 3. the "GDP, Phase II," dated August 12, 2003, as revised October 20, 200 3; 4. the "GDP, Phase III," dated August 12, 2003, as revised October 20, 2003. and the "Parks, Trails & Buffer Exhibit," dated October 20, 2003. LAND USE: 1.1. Areas of commercial development on the Properly shall be developed in conformance with the regulations of the Business General ("B2") zoning district, as set forth in the Frederick County Code. All commercial development on the Property shall comply with the aforesaid regulations, or as may be approved by Frederick County. 1.2. Commercial development on the Property shall not exceed a maximum of 960.000 square feet, in the locations generally depicted on the GDP. 1.3. Areas of residential development on the Property shall be. developed in conformance with the regulations of the Residential Performance ("RP") zoning district, as set forth in the Frederick County Code. All residential development on the Property shall comply with the aforesaid regulations. or as may be approved by Frederick County. 1.4. Residential development on the Property shall not exceed a maximum of 1.578 dwelling units, of which 200 shall be age -restricted housing units in the locations generally depicted on the GDP, and no more than 1,042 shall be single family detached units. No rental garden apartments shall be permitted. 1.5. Except to the extent otherwise prohibited by the Virginia Fair Housing Law, the Federal Fair Housing Law, and other applicable federal, state, or local legal requirements, any dwelling unit within the portions of the Property identified as "age -restricted' housing shall be restricted to "housing for older persons" as defined in Va. Code Ann. § 36-96.7, or a surviving spouse not so qualifying. No persons under 19 years of age shall be permitted to be regularly domiciled or to reside pennanently therein. The restriction provided for herein shall also be in the form of a restrictive covenant with respect to the residential portion of the Property, and any Homeowners' Association created with respect thereto shall have assigned responsibility for the enforcement and administration of the said covenant. Paue 2 of 12 • • C rosspniWe Center Proffer Statement 2. CONDITIONS PRECEDENT TO 'I"]IE ISSUANCE OF PERMITS AND PLAN APPROVALS: 2.1. The Property shall be developed as one single and unified development in accordance with applicable ordinances. regulations, and design standards, and this Crosspointe Proffer Statement as approved by the Board. However, the commercial portion Property shall be phased in accordance with the Frederick County Impact Statement, as stated below. 2.2. The Property shall be developed in three phases. The minimum commercial floor space proffered in this section is that predicted by the Frederick County Impact Model as that necessary to mitigate the phase residential fiscal impact without consideration of cash proffer contributions. The three phases shall be authorized as follows: 2.2.1 Phase I shall include not less than 210.000 SF of commercial /retail gross leaseable floor space. Residential development in Phase I shall not exceed 616 dwelling units, of which 100 units shall be single-family small lot dwelling units for age restricted users. 2.22 Phase 11 development shall not commence until the minimum commercial/retail gross leaseable floor space required in Phase I is constructed. Thereafter, residential development in Phase I1 shall not exceed 513 dwelling units, of which 100 units shall be single- family small lot dwelling units for age restricted users. 2.2.3 Phase III development shall not continence until a total of 390,000 square feet of commercial/retail gross leaseable floor space is constructed. Residential development in Phase III shall not exceed 449 dwelling units. ARCHITECTURE. SiGNAGE, AND LANDSCAPING: 3.1. Materials utilized for all exterior facades of the commercial buildings shall include but not be limited to concrete masonry units (C'MUl brick, architectural block, dryvit, or other simulated stucco (EFTS), real or simulated wood and/or glass. Standard concrete masonry block shall not be used for the front facades of any buildings. 3.2. All buildings within the development on the property shall he constructed using compatible architectural styles and materials, and signage for such buildings shall be of a similar style and materials in order to maintain a I development plan. The Applicant shall establish one or more Architectural Review Board/s to enforce a unified development plan. 3.3. A comprehensive sign plan shall be presented as part of' the Master flan submission for approval by Frederick County. Page 3of12 • n U Cros Pointe Center Prof yr Sh71c me.nt 3.4. The major collector roadways (Tasker Road and Warrior Drive) in Crosspointe shall have a minimum 35' width buffer adjacent to dedicated rights of way and, except at entrance locations, be improved with landscape features and lighting to create a quality "boulevard'' appearance. Illustrative details of these improvements shall be presented for approval by Frederick County at Master Plan. PEDESTRIAN TRAIL SYSTEM AND RECREATION AREAS 4.1. The Applicant shall design and build a public pedestrian -bicycle trail system to Department of Parks and Recreation standards that links residential and commercial areas within the development. Said trails shall be in general conformance with the Southern Frederick Land Use Map and as such, shall be in the locations generally depicted on the GDP. Tile trails shall be 10 feet wide, have an asphalt surface and shall be approved by the Director of Parks and Recreation and the Planning Commission. 5. FIRE & RESCUE: 5.1. The Applicant shall contribute to the Board the sum of $250.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each such unit. 5.2. The Applicant shall contribute a total of $300,000.00 to the Volunteer Fire Department providing service to the Property as first responder, payable in three equal installments of $100.000.00, upon issuance of the first building permit for each of the three phases as described herein. SCHOOLS: 6.1. The Applicant shall contribute to the Board the sum of $3,000.00 per dwelling unit for school purposes, payable upon the issuance of a building, permit for each such unit with the exception of age -restricted units. 7. PARKS & OPEN SPACE,: 7.1. The Applicant shall contribute to the Board the sum of $500.00 per dwelling unit for recreational purposes, payable upon the issuance of a building permit for each such unit. LIBRARIES: 9.1. The Applicant shall contribute to the Board the sum of $100.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each such unit. S11F:RIFF'S OFFICE: Noe 4 of 12 • • Crossj?ornte Center 1'rcr�cr ,Stnlcrnent 9.1. The Applicant shall contribute to the Board the sum of $5.000.00 fen• the Sheriff's Office upon issuance of the first building pen -nit for file development. 10. ADMINISTRATION BUILDING: 10.1. The Applicant shall contribute to the Board the sum of $5,000.00 to be used for construction of a general governmental administration building, upon issuance of the first building permit for the development. 11. CREATION OF HOMEOWNERS' AND PROPERTY OWNERS' ASSOCIATION: 11.1. The residential portion of the development shall be made subject to one or more homeowners' association(s) (hereinafter "HOA' that shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, for each area subject to their jurisdiction, and shall be provided such other responsibilities, duties, and powers as are customary for such associations or as may be required for such HOA herein. If there is more than one such association, the Applicant shall create an umbrella IIOA with respect to the entire development that shall, among other things, have responsibility for assuring compliance with design guidelines and standards, signage requirements, and similar matters. l 12. In addition to such other duties and responsibilities as may be assigned, an HOA shall have title to and responsibility for (i) all common open space areas not otherwise dedicated to public use, (ii) common buffer areas located outside of residential lots, (iii) common solid waste disposal programs, including curbside pick-up of refuse by a private refuse collection company, and (iv) responsibility for the perpetual maintenance of any street, perimeter, or road buffer areas, all of which buffer areas shall be located within easements to be granted to the HOA if platted within residential or other lots, or otherwise granted to the IIOA by appropriate instrument. 11.3. The commercial portion of the development shall be made subject to one or more property o%xners' association(s) (hereinafter "POA") that shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, for each area subject to their jurisdiction, and shall be provided such other responsibilities, duties, and powers as are customary for such associations or as may be required for such POA herein. If there is more than one such association, the Applicant shall create an umbrella POA Nvith respect to the entire development that shall, among other things, have responsibility 101, Page 5 of 12 • 0 C'rosspoinle Center Pro�.•r .StUlCnteltl assuring compliance with design guidelines and standards, signage requirements, and similar matters. 11.4. In addition to such other duties and responsibilities as may be assigned, a POA shall have title to and responsibility for (i) all common open space areas not otherwise dedicated to public use, (1i) common buffer areas located outside of commercial Jots; (iii) common solid waste disposal programs to include dumpster and contract carrier services provided by a private refuse collection company, and (iv) responsibility for the perpetual maintenance of any street, perimeter, or road buffer areas, all of which buffer areas shall be located within casements to be granted to the POA if platted within commercial or other lots, or otherwise granted to the POA by appropriate instrument. 12. WATER & SEWER: 12.1. The Applicant shall be responsible for connecting the Property to public water and sewer, and for constructing all facilities required for such connection. All water and sewer infrastructure shall be constructed in accordance with the requirements of the Frederick County Sanitation Authority. 13. ENVIRONMENT: 13.1. Stormwat.er management and Best Management Practices (BMP) for the Property shall he provided in accordance with the Virginia Stormwater Management Regulations, First Ed. 1999, Chapter 2, Table 2-3 which results in the highest order of stormwater control in existing Virginia law at the time of construction of any such facility. 13.2. Stream preservation buffers shall be constructed in general conformance with the Parks, 'Trails & Buffer Exhibit, so as to create buffers in excess of that required by the Frederick County Zoning Ordinance to protect the Opequon and Hoge Run streams from disturbance. No clearing or grading shall occur within those buffers, except for the construction of road crossings, trails, sanitary sewer, or other utilities. 14. TRANSPORTATION: 14.1. Transportation improvements shall be associated with and initiated with each phase of the development as set forth below. It is the Applicant's intent to utilize public road funding as it may be available for portions of this project, however, the responsibility for causing the construction to occur prior to issuance of building permits shall rest with the Applicant. l:urthermorc, design of the roadway system shall be consistent with the study entitled "A Phased Traffic impact Analysis of Crosspointe Center." prepared by Patton Harris Rust & Associates. dated September 10. 2003 (the "TIA"). Pa-e 6 of 12 Crnss'pninfe ('cnlcr PI-ofJcr SYcNcmcirl 14.2. The following traffic improvements shall be designed and constructed during Phase 1. The exact location and design of such improvements shall be subject to reasonable adjustment upon final engineering thereof. 14.2.1 Prior to the issuance of the first building permit the Applicant shall design and construct an extension of Crosspointe Boulevard in an easterly direction for 1,100 feet as generally depicted on the GDP. Such design shall be in accordance with the Virginia Department of 'Transportation ("VDOT") specifications, and subject to review and approval by the Frederick County and VDOT. ("F," to "G" on the GDP). 14.2.2 Prior to issuance of the first building permit for the development the Applicant shall design and construct a realigned intersection of Tasker Road with the extension of Crosspointe Boulevard as generally depicted on the GDP. Such design shall be in accordance with VDOT specifications and subject to review and approval by Frederick County and VDOT. ("F" to "G" to "Il" to "J" on the GDP). 14.2.3 Prior to the issuance of the first building permit the Applicant shall design and construct an extension of I-iilandale Road from Crosspointe Boulevard extended in an easterly direction between the Phase I commercial and residential developments as generally depicted on the GDP. Such design shall be in accordance with VDOT specifications and subject to review and approval by Frederick County and VDOT. ("I" to "H" on the GDP). 14.2.4 At a time approved by VDOT the Applicant shall design and construct an additional lane on SBL U.S. Route 11 between the interchange ramp intersections with Route 37 its generally depicted on the GDP. Such design shall be in accordance with VDO'I' specifications and subject to review and approval by Frederick County and VDOT. ("A" to "B" on the GDP). 14.2.5 The Applicant shall perform design studies and secure approval of a ramp modification plan for the 1-81 NBL off ramp and the 1-81 NBL on ramp in order to meet L OS "C" conditions in accordance with the TIA. VDU"I" and F14WA approvals and funding for the required improvements shall be secured to perform the work plan as approved prior to the issuance of the first building permit in Phase 1. ("D" and "E'' as shown on the GDP). 14.2.6 Full left and right turn commercial entrances to Warrior Drive shall be limited to one location approximately midway between "M" and "K". 14.2.7 Full left and right turn commercial entrances to Taskcr Road shall Page 7 of 121 Crosspointe Center Pruf fcr Slulemenl be limited to four with two allowed between "F" and "G" and one each allowed at "H" and "J". 14.3. Road entrances to Crosspointe Boulevard shall be limited to two entrances at "G" and at "M" as shown on the GDP. No other entrance or road connections to Crosspointe Boulevard shall be allowed without the express approval of Frederick County and VDOT. The following traffic improvements shall be designed and constructed during Phase 11 and shall be completed prior to issuance of the first occupancy permit in Phase II. unless noted otherwise herein. The exact location and design of' such improvements shall be in substantial conformance with the GDP but subject to reasonable adjustment upon final engineering thereof. 14.3.1 The Applicant shall design and construct Tasker Road extended to Warrior Drive. (".l" to "K" on the GDP). 14.3.2 The Applicant shall design and constrict Warrior Drive from Crosspointe Boulevard to the north limits of the development. ("L" to "K" to "M" on the GDP). 14.3.3 The Applicant shall design and construct a two-lane extension of Crosspointe Boulevard to Warrior Drive. Cl.1" to "M" on the GDP). 14.4. The following traffic improvements shall be designed and constructed during Phase III and shall be completed prior to issuance of the first occupancy permit in Phase ill, unless otherwise noted herein. The exact location and design of such improvements shall be subject to reasonable adjustment upon final engineering thereof: 14.4.1 The Applicant shall design and construct Warrior Drive from Crosspointe Boulevard to the south property boundary. ("M" to "N" on the GDP). 14.4.2 The Applicant shall design and construct two additional lanes to Crosspointe Boulevard from the intersection with Tasker Road to Warrior Drive. ("G" to "M" on the GDP). 14.4.3 The Applicant shall design and construct a four lane, divided roadway from Warrior Drive to the cast limits of the development. ("M" to "O" on the GDP). 14.4.4 No construction permits for commercial or residential uses in Phase III shall be applied for until one of the three following conditions exist: Warrior Drive is extended from the south across offsite properties to intersect with Tasker Road (S.R. 642) (at "N-) or Pa-e 8 of 12 Crosspohile Center l'ruj)"er .Statement with links provided to U.S. Route 522. (At "0"). Warrior Drive is extended from the north across offsite properties to intersection with Paper Mill Road (S.R. 644). (At 3. A revised Transportation Impact Analysis is prepared, reviewed and approved by Frederick County and VDOT, which provides justification for Phase III transportation impacts. 14.5. The Applicant understands that the route of Crosspointe Boulevard may be used for an improved arterial road location in the future. The Applicant shall plan for a 220' wide corridor with additional right of way to allow for interchanges at the intersections of 1-81 and Warrior Drive. The limits of the additional right of way shall be determined at the time of Master Plan approval. The area outside of the 90' to 110' right of way required for Crosspointe Boulevard shall be planned as open space, and in the event such a program is funded to provide for an upgraded roadway with a full transportation intersection at Warrior Drive, such right of way shall be dedicated at no cost to the County. ("E" to "G" to "M" to "0" on the GDP). 15. CULTURAL RESOURCES INVESTIGATION AND PRESERVATION 15.1. The Applicant shall preserve Hilandale House for such uses as may be deemed appropriate by the Applicant. The Applicant shall further create a five -acre preservation park immediately surrounding the House, as generally depicted on the GDP. 15.2. The Applicant shall create a ten -acre preservation park immediately surrounding the encampment area associated with Camp Russell, as generally depicted on the GDP. 15.3. The Applicant shall create a two -acre preservation park surrounding the Carysbrook Redoubt area, as generally depicted on the GDP. 15.4. Prior to the commencement of any land disturbing activities on the Property, the Applicant shall perform a Phase I Archeological Study for investigation of those portions of the development outside the development area previously studied in the Route 37 Final Environmental Impact Statement/Section 4(f) Evaluation (the "FCIS"). In the event that the Phase 1 study indicates that further study is required, then the Applicant shall take such further preservation studies as may be indicated. 15.5. If the Applicant constructs the extension of Warrior Road in the alignment contemplated by and studied in the. LEIS, the Applicant will coordinate that construction with the Federal Highway Administration ("FHA"), the. Virginia State historic Preservation Officer ("SHPO"), VDOT. and Page 9 of 12 • 0 C'ros.V)ninle Center PrrfJer ,Slalemc•n1 Frederick County, to assure implementation of the Memorandum of Agreement previously entered into between the County, the FHA and the State Historic Preservation Officer pursuant to 36 CFR § 800.6(a). 15.6. Any additional archeological features identified during the Phase I study will be evaluated in accordance with VDHR guidelines, and in the event that a National Register -eligible site is identified, the Applicant will work with VDHR and the County to mitigate any adverse effects that may result from the proposed development. 16. DEDICATION OF AREA FOR GOVERNMENT SERVICES 16.1. At such time as the Board intends to construct a facility as provided herein, the Applicant shall dedicate to the Frederick County Board of Supervisors, or such entity as the Board may direct approximately nine acres of land in a location agreeable to the Board and the Applicant for the placement of government services, for satellite offices including a public safety building, and any other governmental services as the Board may direct, provided, however that this shall not permit construction of a motor pool maintenance facility or impoundment yard or similar uses. The dedication shall occur within thirty (30) days of the Board's written request to the Applicant. Any such facility shall be compatible with the design of the Project as otherwise provided in Proffer 2.1 herein. 16.2. The dedication provided for herein shall be made within three years from the date of approval of the rezoning as applied for, provided that the Board upon its written request shall be granted two additional years within which to request such dedication. In the event that dedication or extension is not requested within the time here provided, the Applicant shall pay to the County the sum of $200.000.00 in lieu of such dedication or extension within sixty days of (lie expiration of the applicable period. 17. ESCALATOR CLAUSE 17.1. In the event the monetary contributions set forth in the Proffer Statement are paid to the Frederick County Board County Supervisors ("Board") within 30 months of the approval of this rezoning, as applied for by the Applicant, said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in the Proffer Statement which are paid to the Board after 30 months following the approval of this rezoning shall be adjusted in accordance with the Urban Consumer Price Index ("C M-i)") published by the United States Department of Labor, such that at the time contributions are paid, they shall be adiusted by the percentage change in the CPT-U from that date 24 months after the approval of this rezoning to the most recently available CPI-U to the date the contributions are paid, subject to a cap of 6% per year, non -compounded. Page 10 of 12 • • Cros.spointe Center Prc)y�r Stutement SIGNATURES APPEAR ON FOLLOWING PAGES Page I I of 1 • 0 Crosspoinle Canter I'r(i/jc>r Slulement GLAVE DEVELOPMENTS. INC. By: 4 cL... I ,, Title: <-t - d t c...t._-1� COMMONWEALTH OF VIRGINIA, CITY/C-&bLN� OF to wit The foregoing instrument was acknowledged before me this -� 1) clay of 2004, by Ir Cc_�- My Commission expires Notary Public PA ",43461REZ.ONIN(;1REZ.ONINGII'ROI:FLRS`%Proticr D 123.doc Page 12 of 12 • • z ��CCWJPMAIE I KRQAL a: COMMERCIAL )Q-14 KRU. EXTENSION i E LL rz fpOMMEACIAL 's ACRES ■r C R 0 S S P 0 1 JN T F L):. it t c K 4: 1 t i . y f It Q i N L% I ItA i.; AU 1) DIN lAilrNILN'l, Ill. P-1 %%I i),.v Fl(-,t-Rr.. 7 PHRA 9 • 0 G TO PAPER MILL ROAD (FUTURE) l� RESIDIETIAL RP �_ ^.�� "• n. RESIDENTIAL -RP . f �n1�oFl1 . f - • � r �p � - 1 ES10ENtT(1 ..r .. A :'s�'� .:R@SI�{cNT1AL•f3P + Da AQ , MMERCIAL & A/.l� \K I � +�OMMERCIAI. — .•+~ � 'ti N +.EX.TEAlSION> V TE 1, W F1u577NG M2J(Y1F.'. 'iM4SGq ' CttUSSP01NTI-,- I III ;)I It I l' 1: (' 111 N'f Y, V 1 it (: 1 L 1 A `...-"..'� •�'�""�� .. ytl.q a .tl[yr1 A wr4,n 4. P1 T j \( i /,ra(:�•r (�r.1� •.... �� ,.•.r, --i( 11 \ S I. 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PHR n Mew w. r.1f:A .w.4hr. 4r. ,..:\f 1:A r: f. 11 :)i., .I Ill•y!'\,' 1'I. 1\ arll jm A-11 1'1GL jZ1'. 1) •,r«Y r. �... 1 I RESIDENTIAL RESIC)ENTJAL-RP RESIDENTIA MMERC IAL \V, v ARTEI COMMERVAL LLI , Ic PLAN KEY PROPOSED STREAM PRESERVAYIONBUFFFR ZapF z COMMERCIAL PROPOSED POCKET PARK ............ PROPOSED PEDESTRIAN TRAIL III C R 0 S S P 0 1 N T E FRI-'.014RICK COUNTY. VIRGINIA C; I-.Xi-.lkA LIT.]: I) F.NT PLAN -VA914'.19AIL, AND BUFFEREX TYPICAL STREETSCAPE SECTION TASKER &WARRIOR ROADS NORTH OF CROSSPOINTE EILVD ITIAL-RP 11m. . Awwd —4— 1. PHP, A �J 0 • 40 0 EC 2 2 2006 Frederick County, Virginia Master Development Plan Application Package APPLICATION MASTER DEVELOPMENT PLAN Department of Planning and Development Use Only Date application received 1,21 Complete - Date of acceptance Incomplete - Date of Return 1. Project Title: Crosspointe Center 2. Owner's Name: Glaize Development, Inc. Application # (Please list the names of all owners or parties in interest) 3. Applicant: Patton Harris Rust & Associates Address: 117 E. Piccadilly Street Suite 200 Winchester Virg_ inia 22601 Phone: (540) 667-2139 4. Design Company: Patton Harris Rust & Associates Address: 117 E. Piccadilly Street Suite 200 Winchester Virginia 22601 Phone Number: (540) 667-2139 Contact Name: Patrick Sowers 0 • • Frederick County, Virginia Master Development Plan Application Package APPLICATION cont'd MASTER DEVELOPMENT PLAN 5. Location of Property: Kernstown Area — East and adjacent to Interstate 81 where VA Route 37 terminates 6. Total Acreage: 574.37 7. Property Information: a) Property Identification Number (PIN): 75-A-89, 89A, 90, 91, 92, 94, 95 and 96 b) Current Zoning: RP & B2 c) Present Use: Vacant d) Proposed Use: Residential & Commercial e) Adjoining Property Information: Property Identification Property Uses Please See Attached North South East West f) Magisterial District: 8. Is this an original or amended Master Development Plan? Original X Amended I have read the material included in this package and understand what is required by the Frederick County Department of Planning and Development. I also understand that the master development plan shall include all contiguous land under single or common ownership. All required material will be complete prior to the submission of my master development plan application. • �, e, Signature: `= Date: Oa Crosspointe MDP Application Adjoining Property Owners Tax ID # Name Address Zoning Use 63-A 116 John C. Russel Jr. &Frances L 285 Caldwell Lane, Winchester, VA 22602 RA Agricultural 75-A 93 Paul M. Haldeman, Jr. Trust CEO Fist Bank — Trust Division 1835 ValleyAvenue, Winchester, VA 22601 RA Agricultural 64-A 24 Paul M. Haldeman, Jr. Trust C/O First Bank — Trust Division 1835 ValleyAvenue, Winchester, VA 22601 RA Agricultural 76-A 13 W. F. Jr. Artrip 1726 Front Royal Pike, Winchester, VA 22602 RA Agricultural 75-A 99A Winchester Artri, LLC CO The Tower Companies 11501 Huff Court, N. Bethesda, MD 20895 RA Vacant 75-A 97 Steve Dubrueler 346 Saddleback Lane, Winchester, VA 22602 RA Vacant 75G54B-136A N/A N/A RP Vacant 75G54B-135A N/A N/A RP Vacant 75G-7-6-165A N/A N/A RP Open Space 75G-7-6-173A N/A N/A RP Open Space 75G-7-6-193A N/A N/A RP Open Space 75G-6-5-189A N/A N/A RP Open Space 75-A 84 Coreen Ni Dailey 244 Picket Lane, Stephens City, VA 22655 RA Residential 75-A 88 Andy C. Come o-Rivera & Silvia V. Guilleu 266 Picket Lane, Stephens City, VA 22655 RA Residential 75-4-1 Brubaker Enterprises, Ltd. PR 3407 Cedar Creek Grade, Winchester, VA 22602 B2 Commercial 63-2-A Shenandoah Gas Company N/A RA Ind. Office 63-2-B Hamm an Investment Co., Inc. 931 Pinto Circle, Nohomis, FL 34275 M1 Commercial 75G-44B-63 Patricia Beardslee 125 Belle Haven Circle, Stephens City, VA 22655 RP Vacant 75G-44B-62 John & Melissa Corder, CO VA Credit Union 123 Belle Haven Circle, Stephens City, VA 22655 RP Vacant 75G-44B-60 Rodne & Suzanne Torp 102 Jade Court, Stephens City, VA 22655 RP Residential 75G-44B-59 Daniel & Nina Dunleavy 105 Jade Court, Stephens City, VA 22655 RP Residential 75-A 87A Ross & Patricia Halbersma 176 Picket Lane RA Residential 75-1-A Frederick County Sanitation Authority 107 N. Kent Street, Winchester, VA 22601 B2 Office 0 - 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 Those Present: That I (We) (Name) GLAIZE DEVELOPMENTS, INC. (Phone) (540) 662-7980 (Address) PO Box 888 Winchester Va 22604 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Pin Numbers: 75-A-90 75-A-91 75-A-92 75-A-94 75-A-95 75-A-96 75-A-97 75-A-89 and 75-A-89A (Name) Chuck Maddox Patrick Sowers John Callow, Ron Mislowski and Steve Pettler Phone: (540) 667-2139 (Address)l17 East Piccadilly Street Winchester Va 22601 To act as my true and lawful attorney -in -fact for and in my (our) name, place, and stead with full power and authority I (we)! would have if acting personally to file planning applications for my (our) above described Property, including: Rezoning (including proffers) Conditional Use Permits X Master Development Plan (Preliminary and Final) Subdivision Site Plan My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authc modified. In witness Signature(s) shall expire one year from the day it is signed, or until it is otherwise rescinded or f, I (we) have hereto set my (our) hand and seal this A Q% day of'be-C . , 200 State of Virginia, City/County of FREDERICK ,To -wit: I, VM �-_- M04- V-L-p— Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this day ofDk��-200 E ' ° lam" My Commission Expires: —1 1y'� � 0 4 Notary Public MASTER DEVELOPMENT PLAN #17-06 CROSSPOINTE CENTER Staff Report for the Planning Commission Prepared: March 22, 2007 Staff Contact: Candice E. Perkins, Planner II This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist in the review of this application. It may also be useful to others interested in this zoning matter. Reviewed Planning Commission: 04/04/07 Board of Supervisors: 04/25/07 Action Pending Pending LOCATION: The subject site is located in the Kernstown area, east of the southern terminus of Route 37, north and adjacent to Lakeside Subdivision, and east and adjacent to Tasker Road (Route 642). MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER(s): 75-A-89, 75-A-89A, 75-A-90, 75-A-91, 75-A-92, 75-A-94, 75- A-95 and 75-A-96 PROPERTY ZONING & PRESENT USE: Zoned: B2 (Business General) Use: Vacant and Agricultural RP (Residential Performance) Use: Vacant and Agricultural ZONING & PRESENT USE OF ADJOINING PROPERTIES: North: RA (Rural Areas) South: RP (Residential Performance) East: RA (Rural Areas) R4 (Residential Recreational) West: M1 (Light Industrial) B2 (Business General) B3 (Industrial Transition) Use: Residential and Agricultural Use: Residential (Lakeside Subdivision) Use: Residential and Agricultural Use: Villages at Artrip Use: Commercial, Industrial & Utility Commercial, Industrial & Utility Commercial, Industrial & Utility MDP #17-06, Crosspointe toter March 22, 2007 Page 2 PROPOSED USE: Up to 1,578 single family homes at Phase III build -out, and 960,000 square feet of commercial uses REVIEW EVALUATIONS: Virginia Department of Transportation: The master development plan for this property appears to have significant measurable impact on Route 642, 37, 81 and 11, the VDOT facilities which would provide access to the property. VDOT offers the following comments: • The MDP does not address the future phasing of the Tasker Road/Crosspointe Boulevard conversion to a grade -separated intersection. Unless the overpass is properly designed and constructed with the Phase 1 extension of Crosspointe Boulevard, it does not appear that the future conversion can be feasibly accomplished without severely restricting and/or shutting down both Tasker and Crosspointe Boulevard. • The MDP does not reflect necessary improvements to the Route 81/37 interchange currently under review by the Federal Highway Administration. The Residency cannot officially endorse this partial submittal (which does not include the 81/37 improvements under consideration by FHWA) until the Limited Access Control modification is approved by FHWA and the Virginia Commonwealth Transportation Board. • There are numerous secondary roads shown in the MDP that have not been identified as to whether they will be public or private streets. Clarification is required. Before making any final comments, this office will require a complete set of site plans, drainage calculations and traffic flow data from the I.T.E. Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization, and off -site roadway improvements and drainage. Prior to construction on the State's right-of-way, the developer will need to apply to this office for issuance of appropriate permits to cover said work. Staff Note: While this MDP can be reviewed by the Planning Commission and Board of Supervisors, it cannot be administratively approved until VDOT has provided an approval comment. Frederick County Fire Marshal: Plan approval recommended. Frederick County Public Works: The revisions provided on March 23, 2006 have addressed all of our February 22, 2006 comments except the requirement for a detailed wetlands delineation study. We understand that this study is currently in progress and will be incorporated in the final MDP document. Please provide this office with a copy of the final wetland study. Receipt of this report will constitute our approval of the MDP. Frederick County Sanitation Authority: 2nd review - approved Frederick Winchester Service Authority: I would like to make one general comment with regards to this project; that is that the staff and applicant should be aware that, with nutrient restrictions placed on Frederick -Winchester Service Authority facilities, there will be future limited capacity. In the case of the Parkins Mills Wastewater Treatment Facility, presently under an expansion mode to expand from 2 to 5 MGD, future capacity will be available. However, MDP #17-06, Crosspointe *er March 22, 2007 Page 3 there will, at some point, be a limit reached that may be outside of the completion span of this proj ect. Frederick County Inspections Department: Demolition permit is required prior to removing any structures. No additional comment required until review of subdivision or site plans. Please set 100 year FEMA flood plain elevations on all plans submitted. GIS Department: Crosspointe Boulevard has been entered into the Frederick County Road Naming and Structure numbering system. Changes to Tasker Road will be a big problem — not enough numbering available to cover distance. Recommend denial of Tasker Extension road name. Winchester Regional Airport: The proposed rezoning request has been reviewed and it appears that it will not impact operations at the Winchester Regional Airport. Department of Parks and Recreation: Developer has indicated that an open space summary will be provided at the time of subdivision or site plan review. Developer has indicated on plan that required recreational units will be detailed for approval by staff at time of site approval. When considering the scope of this development, it concerns staff that the developer has not been required to provide a comprehensive recreational amenities plan prior to this point in the process. The concept presented for the pedestrian/bicycle trail system appears to be appropriate. Trail detail also appears to meet department standard. Developer states that all trail signage to be submitted for approval at site plan review phase for each landbay. The monetary proffer for Parks and Recreation does not appear to be adequate to offset the impact this development will have on the capital facility development needs for the Park and Recreation Department. Frederick County — Winchester Health Department: No objection if public water and sewer is provided. Frederick County Public Schools: Based on the information provided, it is anticipated that the proposed Phase I, Phase II and Phase III will have an impact as follows: Phase I having 616 single family homes with 100 being age restricted will yield 201 elementary school students, 72 middle school students and 88 high school students; Phase II having 513 single family homes with 100 being age restricted will yield 161 elementary school students, 58 middle school students and 70 high school students; and Phase III having 449 single family homes will yield 175 elementary school students, 63 middle school students and 76 high school students. This will total 361 students in Phase 1, 289 students in Phase II and 314 students in Phase III with a grand total of 964 new students upon build -out of Phases I, II and III. Significant residential growth in Frederick County has resulted in the schools serving this area having student enrollments nearing or exceeding the practical capacity for a school. The cumulative impact of this project and others of similar nature, coupled with the number of approved, undeveloped residential lots in the area, will necessitate the future construction of new schools facilities to accommodate increased student enrollments. The impact of this master development plan on current and future school needs should be considered during the approval process. Planning & Zoning: MDP #17-06, Crosspointe Oer • March 22, 2007 Page 4 A) Master Development Plan Requirement A master development plan is required prior to development of this property. Before a master development plan can be approved, it must be reviewed by the Planning Commission, Board of Supervisors and all relevant review agencies. Approval may only be granted if the master development plan conforms to all requirements of the Frederick County Zoning and Subdivision Ordinances. The purpose of the master development plan is to promote orderly and planned development of property within Frederick County that suits the characteristics of the land, is harmonious with adjoining property and is in the best interest of the general public. B) Location The subject site is located in the Kernstown area, east of the southern terminus of Route 37, north and adjacent to Lakeside Subdivision, and east and adjacent to Tasker Road (Route 642). C) Site History The original Frederick County zoning map (U.S.G.S. Stephens City Quadrangle) identifies the subject parcels as being zoned R-2 (Residential, Limited) and R-3 (Residential, General). The subject parcels were remapped to the A-2 (Agricultural, General) District via the county -wide downzoning adopted on October 8, 1980. A portion of parcel 75-A-89 totaling approximately 17 acres was rezoned from A-2 to B2 (Business General) through approval of rezoning application # 003-88 of SHIHO, Inc. on March 9, 1988. No proffers were included with this rezoning. The County's agricultural . zoning districts were subsequently combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re -mapping of the subject properties and all other A-1 and A-2 zoned land to the RA District. The subject parcels which make up this MPD were then rezoned to the B2 (Business General) and RP (Residential Performance) with Rezoning application #13-03 which was approved with proffers by the Board of Supervisors on February 11, 2004. D) Site Suitability & Project Scope Comprehensive Policy Plan: The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1-1] Land Use Compatibility: The parcels comprising this MDP application are located within the boundaries of the South Frederick Land Use Plan (SFLUP) and are described as being within the SFLUP MDP #17-06, Crosspointe Oer • March 22, 2007 Page 5 Central Area. The 574.37 acres subject to this MDP are located within the Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA). The SFLUP designates the project site for mixed use and residential land uses, respectively. The residential designation applies to the portion of the site adjacent and north of Lakeside Subdivision and extends northward to the planned path of Route 37 extended, as shown on the adopted SFLUP map. The residential designation is intended to complement and expand the suburban residential land use pattern already established south of the site. The development program which was proffered by the applicant for Crosspointe Center would enable a maximum of 1,578 dwelling units (of which 200 shall be age -restricted) and 960,000 square feet of commercial floor area. To ensure that a variety of housing types are available within Crosspointe Center, the applicant proffered that no more than 1,042 (66%) of the total permitted dwelling units will be developed as single family detached housing types. The proffered phasing program for the development can be summarized as follows: Phase 1: Commercial: Minimum of 210,000 square feet of gross leaseable floor area. (shall be completed prior to commencement of Phase 2 residential) Residential: Maximum of 616 dwelling units, to include 100 age - restricted. Phase 2: Commercial: Minimum of 390,000 square feet total gross leaseable floor area. (additional 180,000 square feet developed during this phase; shall be completed prior to commencement of Phase 3 residential) Residential: Maximum of 513 dwelling units, to include 100 age - restricted. Phase 3: Commercial: Phase 2 minimum commercial development shall be completed, which, as noted above, will yield 390,000 square feet of total gross leaseable floor area. This minimum floor area shall be completed prior to commencement of Phase 3 residential development. Commercial development will continue until maximum proffered floor area of 960,000 square feet is reached. Residential: Remainder of residential program to be developed, consisting of a maximum of 449 dwelling units. Environment: There are areas of floodplains, wetlands and steep slopes located within this development; however, there are no conditions which exist on the subject site that would preclude or significantly limit development. MDP #17-06, Crosspointe Miter March 22, 2007 Page 6 Transportation With the rezoning, the applicant proffered a series of transportation improvements intended to enhance the existing system and ensure adequate accommodation of projected trips. The improvements proffered by the applicant are depicted on the MDP as well as the Generalized Development Plan (GDP) from the rezoning. Each improvement is labeled and corresponds to the text in the proffer statement which is included with the agenda. The principal improvements proffered by the applicant may be summarized as follows: • Realignment and Extension of Tasker Road (Route 642) - Proffered to extend across site and intersect with Warrior Drive within project; • Extension of Route 37 in the form of Crosspointe Boulevard - Proffered to extend from southern terminus at I-81 to eastern project boundary; • Extension of Warrior Drive - Proffered to be constructed through eastern portion of site following a general north - south alignment; ultimate location and design will facilitate connections with sections of road to be constructed via adjoining developments; • Construction of an Additional Southbound Lane on Route 11 - Additional lane to be constructed at Route 37/Route 11 interchange between Route 11 ramps. The TIA identified certain improvements as necessary prior to the commencement of project development. The applicant has therefore proffered to complete the following improvements prior to the issuance of the first building permit for Crosspointe Center: • Crosspointe Boulevard will be constructed to extend east from the current terminus of Route 37 approximately 1,100 feet. • Tasker Road (Route 642) will be realigned to intersect with the terminus of the Crosspointe Boulevard extension and will be constructed beyond this intersection as depicted on the MDP and the proffered Generalized Development Plan (GDP). • Hilandale Road will be realigned and extended. • Northbound Interstate 81 interchange ramps will be modified to achieve a LOS C. Prior to ramp relocation, the applicant shall secure necessary design approvals from the Federal Highway Administration (FHWA) and the Virginia Department of Transportation (VDOT) and obtain the funding necessary to complete the approved work plan. Historic Preservation During the rezoning, the applicant proffered to establish three preservation parks within Crosspointe Center development, around Hilandale House, the Camp Russell MDP #17-06, Crosspointef0ter March 22, 2007 Page 7 encampment area, and the Carysbrook Redoubt, respectively. The Hilandale House itself will be preserved within the proffered five -acre preservation park, and may be adaptively reused as deemed appropriate by the applicant. The Camp Russell preservation park will consist of ten acres and the Carysbrook Redoubt Park will be comprised of two acres. The three preservation parks will be accessible to the public via the proffered pedestrian trail system. Proffers Please see attached proffer statement. Issues Proffer 3.3 stated that a comprehensive sign plan would be presented as part of the Master Development Plan submission for approval by Frederick County. The applicant has only provided a statement on sheet 2 regarding commercial and residential signage within the development. The "sign specifications" provided by the applicant are not adequate and a complete sign package with sign details needs to be provided to implement this proffer. There is a parcel owned by Glaize Developments, Inc, (Property Identification Number 75-4-2) which has not been included in this MPD. This property is technically shown under relocated Tasker Road but the parcel number has not been included in the project summary. STAFF CONCLUSIONS FOR THE 04/04/07 PLANNING COMMISSION MEETING: The master development plan for Crosspointe Center depicts appropriate land uses and appears to be consistent with the requirements of Article XVII, Master Development Plan, of the Zoning Ordinance. This MDP is for 574.37 acres of land which is zoned RP and B2 and is intended to accommodate 1,578 dwelling units and 960,000 square feet of commercial uses. The master development plan for Crosspointe Center depicts appropriate land uses and appears to be consistent with the requirements of Article XVII, Master Development Plan, of the Zoning Ordinance. The preliminary master development plan is also in accordance with the proffers for Rezoning #13-03. All of the issues brought forth by staff and the Planning Commission should be appropriately addressed prior to a recommendation to the Board of Supervisors. Following the Planning Commission discussion, it would be appropriate to forward a recommendation to the Board of Supervisors regarding this MDP conformance with County codes and review agency comments. All issues and concerns raised by the Planning Commission will be forwarded to the Board of Supervisors for their consideration. Staff is ultimately seeking administrative approval authority of the Master Development Plan once all issues have been addressed. • • Page 2 of 2 From: Patrick R. Sowers[ma i Ito: Patrick. Sowers@ ph ra.com] Sent: Wednesday, March 21, 2007 11:29 AM To: Ingram, Lloyd Cc: Alexander, Scott Subject: Crosspointe MDP Lloyd, Frederick County Planning Staff has asked if VDOT has any additional comments on the most recent Crosspointe MDP (which depicts the ROW location for the future Warrior/Route 37 interchange). We are going forward with an April 4th Planning Commission date and wanted to give you the opportunity to provide any additional comments that VDOT may have regarding the newest plan. Thanks, Patrick Patrick R. Sowers Planner Patton Harris Rust & Associates, pc 117 East Piccadilly Street Winchester, Virginia 22601 P 540.667.2139 F 540.665.0493 www.phra.com 3/22/2007 COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC MEETING April 11, 2007 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: MASTER DEVELOPMENT PLAN #17-06 OF CROSSPOINTE CENTER On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public meeting being held on April 25, 2007, at 7:15 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia. This meeting is to consider Master Development Plan #17-06 for Crosspointe Center, submitted by Patton, Harris, Rust & Associates, to develop 547.37 acres for up to 1,578 single family homes at Phase III build -out, and commercial uses. The properties are located in the Kernstown Area — east and adjacent to Interstate 81 where VA Route 37 terminates in the Shawnee Magisterial District, and are identified by Property Identification Numbers 75-A-89, 75-A-89A, 75-A-90, 75-A-91, 75-A-92, 75-A- 94, 75-A-95 and 75-A-96. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Information regarding this application will also be available via the Planning Department's Web Page at www.co.frederick.va.us. Sincerely, Candice E. Perkins Planner II CEP/bad 107 North Dent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certify, tat the attached correspondence was mailed to the following on Q. from the Department of Planning and Development, Frederick County, Virginia: 75 - A- - 89- ' 75 - A- - 97- GLAIZE DEVELOPMENTS, INC DUBRUELER, STEVE PO BOX 888 pkp346 SADDLEBACK WINCHESTER, VA 22604.2476 WINCHESTER, A LN 22602 2886 Patton Harris Rust Associates, PC Attn: Charles Maddox 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 �e 63 -A- - 116- RUSSELL, JOHN C JR & FRANCES L I 205 CALDWELL :N WINCHESTER, VA. 22602-4404 75 - A- - 93- HALDEMAN, PAUL M JR, TRUST CIO FIRST BANK - TRUST DIVISIO �I 1835 VALLEY AVE WINCHESTER, VA 226011"6303 76 - A- - 13- ARTRIP, W F JR 1726 FRONT ROYAL PIKE WINCHESTER, VA 22602.4417 75 -A- - 99-A WINCHESTER ARTRIP, LLC CIO THE TOWER COMPANIES 11501 HUFF CT N BETHESDA, MD 20895.1043 -- -----------------= STATE OF VIRGINIA COUNTY OF FREDERICK 75 - A- - 84- DAILEY, COREEN M 244 PICKET LN STEPHENS CITY, VA 22655.6008 75 -A- - 88- CORNEJO-RIVERA, ANDY C & GUILLEU, SILVIA V 266 PICKET LN STEPHENS CITY, VA 22655-6008 75 -4- - 1- BRUBAKER ENTERPRISES, LTD PR 3407 CEDAR CREEK GRADE WINCHESTER,VA 22602-2750 63 -2- - B- HAMMAN INVESTMENT CO, INC 931 PINTO CIR NOHOMIS, FL 34275.1611 Candice E. Perkins, Planner II Frederick County Planning Dept. a Notary Public in and for the State and County aforesaid, do Vereby certify that andice E. Perkins, Planner II for the D pa ent of Planning and Development, whose name is signed to the foregoing, dated % , has personally appeared before me and acknowledged the same in my Sta e and County aforesaid. Given under my hand this My commission expires on day of NOTAq PUBLIC 75 - A- - 87-A HALBERSMA, ROSS 1. & PATR A • & FASIG, MILDRED C 176 PICKET Lip' STEPHENS CITY, VA. 22655-6007 75 - 1- - A- FREDERICK COUNTY SANITATI N AUTH ,31,5 T4,S9E4 1-0--. WINCHESTER,VA 226M 75G - 5.413- 136- TENNEY, KARL STEPHEN 324 CHINKAPIN OR STEPHENS CITY, VA 22655.2377 75 - A- - 87-B HEATH, RONALD NORWOOD PO BOX 309 STEPHENS CITY, VA. 22655.0309 Lakeside ROA 12701 Fairlakes Circle, Ste. 400 Fairfax, VA 22033 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC MEETING March 23, 2007 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNERS(S) RE: MASTER DEVELOPMENT PLAN #17-06 OF CROSSPOINTE CENTER On behalf of the Frederick County Planning Commission, you are hereby notified of a public meeting being held on April 4, 2007, at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia. This meeting is to consider Master Development Plan #17-06 for Crosspointe Center, submitted by Patton, Harris, Rust & Associates, to develop 547.37 acres for up to 1,578 single family homes at Phase III build -out, and commercial uses. The properties are located in the Kernstown Area — east and adjacent to Interstate 81 where VA Route 37 terminates in the Shawnee Magisterial District, and are identified by Property Identification Numbers 75-A-89, 75-A-89A, 75-A-90, 75-A-91, 75-A-92, 75-A- 94, 75-A-95 and 75-A-96. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Information regarding this application will also be available via the Planning Department's Web Page at www.co.frederick.va.us. Sincerely, I. y Candice E. Perkins Planner II CEP/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certifv tat the attached correspondence was mailed to the following on A&7 from the Department of Planning and Development, Frederick County, Virginia: - - 75 • A- - 97- 75 -A- . 89- DUBRUELER, STEVE GLAIZE DEVELOPMENTS, INC 346 SADDLEBACK LN PO BOX 888 WINCHESTER, VA 22602-2886 WINCHESTER, VA 22604.2476 Tj 75 - A- - 84- DAILEY, COREEN M Patton Harris Rust Associates, PC �, Attn: Charles Maddox ! 244 PICKET LN 117 E. Piccadilly Street, Suite 200 e1�� STEPHENS CITY, VA 22655.6008 Winchester, VA 22601 \' 75 - A- - 88- CORNEJO-RIVERA, ANDY C 63 - A• - 116- & GUILLEU, SILVIA V RUSSELL, JOHN C JR & FRANCES L 266 PICKET LN STEPHENS CITY, VA 22055-6008 285 CALDWELL LN j WINCHESTER, VA. 22602.4404 75 -4- - 1. BRUBAKER ENTERPRISES, LTD PR 75 -A- - 93• 3407 CEDAR CREEK GRADE HALDEMAN, PAUL M JR, TRUST WINCHESTER, VA 22602.2750 Ci0 FIRST BANK - TRUST DIVISIO 1835 VALLEY AVE 63 2 B. 1:4INCHESTER, VA 226; i-6303 HAMMAN INVESTMENT CO, INC 76 • A- - 13• 931 PINTO CIR ARTRIP, W F JR NOHOMIS, FL 34275.1611 1726 FRONT ROYAL PIKE WINCHESTER, VA 22602.4417 75 - A• - 99-A WINCHESTER ARTRIP, LLC , I CIO THE TOWER COMPANIES 11501 HUFF CT Candice E. Perkins, Planner II N BETHESDA, MD 20895.1043 Frederick County Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK I, , a Notary Public in and for the State and County aforesaid, do &reby certify that dice E. Perkins, Planner II for the D pai ment 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 ounty aforesaid. Given under my hand this day oftAA�—Zz ��?� --lnoz My commission expires on , /j;�'& Z.' L VC/- 75 - A- - 87-A HALBERSMA, ROSS L & PATRICIA• • & FASIG, MILDRED C 176 PICKET LN STEPHENS CITY, VA. 22655-6007 75 - 1- - A- GRGnFRiCK COUNTY SANITATION AUTH WINCHESTEP; VA 226A 75G - 5-4B- 136- TENNEY, KARL STEPHEN 324 CHINKAPIN OR STEPHENS CITY, VA 22655-2377 75 - A- - 87-B HEATH, RONALD NORWOOD PO BOX 309 STEPHENS CITY, VA. 22655.0309 Lakeside HOA 12701 Fairlakes Circle, Ste. 400 Fairfax, VA 22033 rn-oPam)-7'b - �M5PDNQV Ca)7E)L sqA) 90) 91,gdJ �� 45 end q(v L 7A Crosspointe MDP Application Adjoining Property Owners Tp.ggRegRq-DqT le o e : BEV ' Plonnin PROCESSING Print � 9 Dept. sets of !*k THgNKS► Tax ID # Name Address Zoning Use 63-A 116 John C Russel Jr. & Frances L 285 Caldwell Lane, Winchester, VA 22602 RA Agricultural -A 93 ,/ Paul M. Haldeman, Jr. Trust C/O Fast Bank - Trust Division 1835 Valley Avenue, Winchester, VA 22601 RA Agricultural 4-A 24 Paul M. Haldean, Jr. Trust C/O Fast Bank - Trust m Division 1835 Valley Avenue, Winchester, VA 22601 RA Agricultural 76-A 13 ./ W. F. Jr. Artrip 1726 Front Royal Pike, Winchester, VA 22602 RA Agricultural 75-A 99A Winchester Artri, LLC CO The Tower Companies 11501 Huff Court, N. Bethesda, MD 20895 RA Vacant 75-A 97 Steve Dubrueler Winchester, 346 Saddleback Lane, VA 22602 RA Vacant 75G54B-136A N/A N/A RP Vacant 75G-54B-135A N/A N/A RP Vacant 75G7-6-165A N/A I( W N/A RP Open Space 75G7-6-173A N/A N/A RP Open Space 75G-7-6-193A N/A N/A RP Open Space 75G6-5-189A N/A N/A RP Open Space 75-A 84 d Coreen M. Dailey 244 Picket Lane, Stephens City, VA 22655 RA Residential 75-A 88 / And C Cc)me'o-Rivera & Silvia V. Guilleu 266 Picket Lane, Stephens a VA 22655 , RA Residential 75-4-1 / Brubaker Enterprises, Ltd. PR 3407 Cedar Creek Grade, Winchester, VA 22602 B2 Commercial 3-2-A / Shenandoah Gas Company N/A RA Ind. Office 3-2-B Harrin an Investment Co., Inc. 931 Pinto Circle, Nohomis, FL 34275 Mi Commercial Patricia Beardslee 125 Belle Haven Circle, Stephens City, VA 22655 RP Vacant John & Melissa CoC/O VA Credit Union 123 Belle Haven Circle, Stephens Ci VA 22655 City, RP Vacant Rodne & Suzanne Torp 102 jade Court, Stephens City, VA 22655 RP Residential Daniel & Nina Dunleavy 105 jade Court, Stephens City, VA 22655 RP Residential 75-A 87A Ross &Patricia Halbersma 176 Picket Lane RA Residential 5-1-A Frederick County Sanitation Authority 107 N. Kent Street, Winchester, VA 22601 B2 Office `-7 S-C-� Ski, - 3 c� ✓ ll • • Crosspointe MDP Application Adjoining Property Owners rO'BA�"AR- A - AP�PeOeEVPIC E55 NGlprnt anng Dept. sets of b THANKsI Tax ID # Name Address Zoning Use 63-A-116 John C Russel Jr. & Frances L 285 Caldwell Lane, Winchester, VA 22602 RA Agricultural 7 -A-93 Paul M Haldeman, Jr. Trust GO Fust Bank - Trust Division 1835 Valley Avenue, Winchester, VA 22601 RA Agricultural 4-A-24 Paul Ni Haldeman, Jr. Trust C/O First Bank - Trust Division 1835 Valley Avenue, Winchester, VA 22601 RA Agricultural 76-A-13 W. F. Jr. Artrip 1726 Front Royal Pike, Winchester, VA 22602 RA Agricultural 75-A 99A Winchester Artri, LLC GO The Tower Companies 11501 Huff Court, N. Bethesda, MD 20895 RA Vacant 75-A-97 Steve Dubrueler 346 Saddleback Lane, Winchester, VA 22602 RA Vacant 75G-54B-136A N/A V N/A RP Vacant 75G-54B-135A N/A ar N/A RP Vacant 75G-7-6-165A N/A N/A RP en Space 75G-7-6-173A N/A N/A RP Open Space 75G-7-6-193A N/A N/A RP Open Space 75G-6-5-189A N/A N/A RP Open Space 75-A 84 Coreen Ni Dailey 244 Picket Lane, Stephens Qty, VA 22655 RA Residential 75-A-88 Andy C Comejo-Rivera & Silvia V. Guilleu 266 Picket Lane, Stephens City, VA 22655 RA Residential 75-4-1 Brubaker Enterprises, Ltd. PR 3407 Cedar Creek Grade, Winchester, VA 22602 B2 Commercial 3-2-A Shenandoah Gas Company N/A RA Ind. Office 3-2-B Hamman Investment Co., Inc. 931 Pinto Circle, Nohomis, FL 34275 M1 Conunercial Patricia Beardslee 125 Belle Haven Circle, Stephens City, VA 22655 RP Vacant John & Melissa Corder, C/O VA Credit Union 123 Belle Haven Circle, Stephens City, VA 22655 RP Vacant Rodney & Suzanne Torp 102 jade Court, Stephens City, VA 22655 RP Residential Daniel & Nina Dunleavy 105 jade Court, Stephens City, VA 22655 RP Residential 75-A 87A Ross & Patricia Halbeisma 176 Picket Lane RA Residential 5-1-A Frederi*cWTo;untySanitation Authority 107 N. Kent Street, Winchester, VA 22601 B2 Office A }t3\ tl G Patton Harris Rust & Assoos, pc Engineers, Surveyors, Planners, Landscape Architects 117 East Piccadilly Street, Suite 200 R+A PH Winchester, Virginia 22601 T 540.667.2139 F 54093.665.04930493 Transmittal To: Diane Walsh Organ izationlCompany: Frederick County Planning Address: 107 N Kent Street Winchester, VA 22601 Telephone Number: 540.665-5651 Date: March 23, 2007 From: Patrick Sowers Project Name/Subject: Crosspointe MDP Via: Internal Project File #: Quantity File # Date Description Transmitted ® Herewith 5 Crosspointe MDP ❑ Under separate cover Material ❑ Originals ® Photocopies ❑ Diskette ❑ Shop Drawings ❑ Mylar ❑ Ozalid Prints ❑ Invoice ❑ Sepia Purpose ® Your Use ❑ Your Files Notes: ❑ Approval ❑ Please Return: Corrected Prints ❑ Please Submit: cu uffle Revised Prints Received by: - — Date: Patton Harris Rust & Assoces Engineers, Surveyors, Planners, Landscape Architects 117 East Piccadilly Street, Suite 200 Pk-R Winchester, Virginia 22601 F E g 2 7 2007 T 540.667.2139 F 540.665.0493 Transmittal To: Candice Perkins Organization/Company: Frederick County Planning Address: Telephone Number: (540) 665-5651 Date: February 27, 2007 From: Patrick Sowers Project Name/Subject: Crosspointe MDP Via: Internal Project File #: Quantity File # Date Description Transmitted ® Herewith 40 Crosspointe MDP ❑ Under separate cover Notes: Received by: Date: Material ❑ Originals ® Photocopies ❑ Diskette ❑ Shop Drawings ❑ Mylar ❑ Ozalid Prints ❑ Invoice ❑ Sepia Purpose ❑ Your Use ❑ Your Files ❑ Approval ❑ Please Return: Corrected Prints ❑ Please Submit: Revised Prints Patton Harris Rust & Assoc Engineers, Surveyors, Planners, Landsc rchitects 117 East Piccadilly Street, Suite 200 R+A Winchester, Virginia 22601 T 540.667.2139 PH F 540.665.0493 To: Organization/Company: From: Date: Project Name/Subject: Candice, Candice Perkins Frederick County Planning Patrick Sowers February 7, 2007 Crosspointe MDP Revisions rr8 7 I've made the revisions to Crosspointe per our discussion last week. I've provided a copy of the revised MDP with the changes highlighted. I wanted to give you the opportunity to look at the revisions before we provide the 69 copies required for the Board and Planning Commission by the February 12 cut-off for the March 7th Planning Commission Meeting. Thanks, Patrick COUNTY of FREDERICK I January 23, 2007 Glaize Development, Inc P.O: Box 888 Winchester, Virginia 22604 RE: Crosspointe Center Rezoning #13-03 Dedication of Area for, Government Services Dear Mr. Glaize: John R. Riley, Jr. County Administrator 540/665-5666 Fax 540/667-0370 E-mail: jriley@co.frederick.va.us On February 11, 2003, the Board of Supervisors approved rezoning application #13-03 and its associated proffered conditions for Crosspointe Center. One proffered condition, Item 16, on page 10 of 12, provided for the dedication of 9 acres of land to the County for public use. Proffer Item 16.2 provides for this land dedication to occur within 3 years of the rezoning approval, or the time period may be extended for an additional 2 years upon the Board's request. Recognizing that the Master Development Plan for this project has yet to be formally submitted and reviewed by the Board of Supervisors, it seem appropriate that the 9 acre dedication be delayed to enable your development team time to fully plan and design the Crosspointe Center project. As such, on behalf of the Frederick County Board of Supervisors, the County requests an extension of the land dedication for the additional 2 years as enabled by Proffer Item 16.2. This extension will enable both parties to complete the master development plan review process, with the land dedication to follow. Please contact me should you have questions. Jo 'R. Riley, Jr. . County Administrator Cc: Eric R. Lawrence, Planning Director 107 North Kent Street a Winchester, Virginia 22601-5000 A 0 • ERICK V Department of Planning -and Development 540/665-5651 FAX: 540/ 665-6395 January 23, 2007 Mr. Patrick Sowers Patton Harris Rust and Associates, PC H 7 E. Piccadilly Street Winchester, Virginia 22601 RE: Preliminary Master Development Plan Review Comments Crosspointe Center Property Identification Numbers (PINs): 75-A-89, 89A, 91, 92, 95, 96 and a portion of 75-A-90 and 75-A-94 Dear Patrick: Please adequately address each of the comments listed below prior to formal submission of the preliminary master development plan referenced above: Preliminary Review Comments: 1. Typical Street Sections. On sheet 3, Tasker Road F to G does not have a median, but Tasker Road G to J has a median; all of Warrior Drive should have a median. 2. Warrior Drive. Warrior Drive (I-M) is shown with a 120 foot ROW and Warrior Drive (M-N) is shown with a 92 foot' ROW; Warrior Drive through the Artrip Property is a 100 foot ROW. It is unclear why the ROW will go from 100 feet to 92 feet, then to 120 feet; Warrior Drive (M-N) ROW needs to be 120 feet through the entire site. 3. Road Labeling. The I for Hillandale Road is difficult to see. 4. GDP. Include the GDP on sheet 8. 5. Phasing Schedule. On sheet 3, the phasing schedule references the proffers on sheet 9; revise this to sheet 8. 6. Sign Plans. Proffer 3.3 states that a comprehensive sign plan shall "be presented as part of the Master Development Plan submission for approval by Frederick County". Please provide this sign package for review. 7. Historic Park. On sheet 2, provide the acreage of the historic park. 8. Phase I Archeological Study. Proffer 15.4 states that a Phase I Archeological Study needs to be completed for the portions of the site outside of the area previously studied in the Route 37 EIS prior to the commencement of any land disturbing activities on the property. Land disturbance can be obtained once the MPD is approved and the MPD states that this study will be completed prior to the SDP or site plan stage of the project. Please note that you cannot obtain land disturbance until this study is completed. 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 3 Mr. Patrick Sowers RE: Crosspointe Center January 23, 2007 Page 2 9. Dedication of Area for Government Services. Proffer 16.1 and 16.2 state that nine acres will be dedicated (or $200,000) to the County should they request it. This dedication must be made by February 11, 2007. Please be aware that the County will be exercising its interest in this proffer. 10. Properties Under Common Ownership. County tax records show 75-4-2 as being owned by Glaize Developments, Inc.; the MDP does not show this property. In order to continue the review of this Master Development Plan, you will need to submit a complete MDP application, a signed and notarized Special Limited Power of Attorney Form, all review agency comments and review fee, to this department. Once this information is received, and all review comments addressed, staff will schedule the application for review by the Planning Commission. Agency approvals are required from the following agencies: Frederick County Parks & Recreation and the Virginia Department of Transportation. Please do not hesitate to contact me with questions regarding this letter. Sincerely, Candice E. Perkins, AICP Planner II CEP/bad Attachment cc: Glaize Development, Inc., PO Box 888, Winchester, VA 22604 Crosspointe Center Master Development Plan Page 1 of 2 Candice Perkins From: Eric Lawrence [elawrenc@co.frederick.va.us] Sent: Thursday, December21, 2006 12:06 PM To: 'Candice Perkins' Subject: FW: Crosspointe Center Master Development Plan -----Original Message ----- From: Funkhouser, Rhonda [mailto:Rhonda.Funkhouser@VDOT.Virginia.gov] On Behalf Of Ingram, Lloyd Sent: Thursday, December 21, 2006 11:35 AM To: 'tom.price@phra.com' Cc: Ingram, Lloyd; Alexander, Scott; 'Eric Lawrence'; Copp, Jerry Subject: Crosspointe Center Master Development Plan The master development plan for this property appears to have significant measurable impact on Routes 642, 37, 81, and 11, the VDOT facilities which would provide access to the property. VDOT offers the following comments: The MDP does not address the future phasing of the Tasker Road/Crosspointe Boulevard conversion to a grade -separated intersection. Unless the overpass is properly designed and constructed with the Phase 1 extension of Crosspointe Boulevard, it does not appear that the future conversion can be feasibly accomplished without severely restricting and/or shutting down both Tasker and Crosspointe Boulevard. The MDP does not reflect necessary improvements to the Route 81/37 interchange currently under review by the Federal Highway Administration. The Residency cannot officially endorse this partial submittal (which does not include the 81/37 improvements under consideration by FHWA) until the Limited Access Control modification is approved by FHWA and the Virginia Commonwealth Transportation Board . . There are numerous secondary roads shown in the MDP that have not been identified as to whether they will be public or private streets. Clarification is requested. Before making any final comments, this office will require a complete set of site plans, drainage calculations and traffic flow data from the I.T.E. Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization, and off -site roadway improvements and drainage. Prior to construction on the State's right-of-way the developer will need to apply to this office for issuance of appropriate permits to cover said work. «SC N_20061221112810_001. pdf>> 1/18/2007 Crosspointe Center Master Development Plan Page 2 of 2 0 0 Thank you for allowing us the opportunity to comment. Lloyd A. Ingram Transportation Engineer VDOT N Edinburg Residency Land Development 14031 Old Valley Pike Edinburg, VA 22824 (540) 984-5611 (540) 984-5607 (fax) 1/18/2007 u • Crosspointe Center and shall include the following: Proffer Statement 1. the "Overall GDP," dated August 12, 2003, as revised October 20, 2003; 2. the "GDP, Phase I," dated August 12, 2003, as revised October 20, 2003; 3. the "GDP, Phase II," dated August 12, 2003, as revised October 20, 2003; 4. the "GDP, Phase III," dated August 12, 2003, as revised October 20, 2003, and the "Parks, Trails & Buffer Exhibit," dated October 20, 2003. LAND USE: 1.1. Areas of commercial development on the Property shall be developed in V conformance with the regulations of the Business General (`132") zoning district, as set forth in the Frederick County Code. All commercial development on the Property shall comply with the aforesaid regulations, or as may be approved by Frederick County. V`' 9nquare ial development on the Property shall not exceed a maximum of feet, in the locations generally depicted on the GDP. Areas of residential development on the Property shall be. developed in conformance with the regulations of the Residential Performance ("RP") zoning district, as set forth in the Frederick County Code. All residential development on the Property shall comply with the aforesaid regulations, or as may be approved by Frederick County. 1(,4 R ntial development on the P perty shall not exceed a maximum of 57 elling units, of which 00 hall be age -restricted housing units in the locations generally depicted on the QDZ and no more than 1,042 shall be single family detached units. No rental garden apartments shall be permitted. Except to the extent otherwise prohibited by the Virginia Fair Housing Law, the Federal Fair Housing Law, and other applicable federal, state, or local legal requirements, any dwelling unit within the portions of the Property identified as "age -restricted" housing shall be restricted to "housing for older persons" as defined in Va. Code Ann. § 36-96.7, or a surviving spouse not so qualifying. No persons under 19 years of age shall be permitted to be regularly domiciled or to reside permanently therein. The restriction provided for herein shall also be in the form of a restrictive covenant with respect to the residential portion of the Property, and any Homeowners' Association created with respect thereto shall have assigned responsibility for the enforcement and administration of the said covenant. Page 2 of 12 • • Crosspointe Center Proffer Statement 2. CONDITIONS PRECEDENT TO THE ISSUANCE OF PERMITS AND PLAN APPROVALS: �!1. The Property shall be developed as one single and unified development in accordance with applicable ordinances, regulations, and design standards, and this Crosspointe Proffer Statement as approved by the Board. However, the commercial portion Property shall be phased in accordance with the Frederick County Impact Statement, as stated below. V 2.2. The Property shall be developed in three phases. The minimum commercial floor space proffered in this section is that predicted by the Frederick County Impact Model as that necessary to mitigate the phase residential fiscal impact without consideration of cash proffer contributions. The three phases shall be authorized as follows: V 2.2.1 Phase I shall include not less than 210,000 SF of commercial /retail gross leaseable floor space. Residential development in Phase I shall not exceed 616 dwelling units, of which 100 units shall be single-family small lot dwelling units for age restricted users. 2.2. Phase II development shall not commence until the minimum commercial/retail gross leaseable floor space required in Phase I is constructed. Thereafter, residential development in Phase II shall not exceed 513 dwelling units, of which 100 units shall be single- family small lot dwelling units for age restricted users. 2.2. Phase III development shall not commence until a total of 390,000 square feet of commercial/retail gross leaseable floor space is constructed. Residential development in Phase III shall not exceed 449 dwelling units. 3. ARCHITECTURE, SIGNAGE, AND LANDSCAPING: 3 . Materials utilized for all exterior facades of the commercial buildings shall include but not be limited to concrete masonry units (CMUl) brick, architectural block, dryvit, or other simulated stucco (EFIS), real or simulated wood and/or glass. Standard concrete masonry block shall not be used for the front facades of any buildings. 3 All buildings within the development on the property shall be constructed using compatible architectural styles and materials, and signage for such buildings shall be of a similar style and materials in order to maintain a unified development plan. The Applicant shall establish one or more Architectural Review Board/s to enforce a unified development plan. 3.3. A comprehensive sign plan shall be presented as part of the Master Plan 0 submission for approval by Frederick County. M Page 3 of 12 PROPOSED PROFFER STATEMENT REZONING: RZ. # RA-1 to RP and B-2 PROPERTY: 574.37 acres Tax Map Parcels 75-A-89, 89A, 91, 92, 95, 96 and a portion of 75-A-90 and 75-A-94 . (the "Property") RECORD OWNER: Glaize Developments, Inc., a Virginia corporation. APPLICANT: Glaize Developments, Inc. PROJECT NAME: Crosspointe Center . ORIGINAL DATE OF PROFFERS: ,August 27, 2003 . REVISION DATA: October 22, 2003 January 23, 2004 The undersigned hereby proffers that the use and development of the subject property ("Property"), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. If this application is denied by the Board, but in the event that an appeal is for any reason thereafter remanded to the Board for reconsideration by a court of competent jurisdiction, then these proffers shall be deemed withdrawn unless the Applicant shall affirmatively readopt all or any portion hereof in a writing specifically for that purpose. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or. affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein: The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan" .shall refer to the plan entitled "Generalized Development Plan, Crosspointe Center" dated August 12, 2003, as revised October 20, 2003 (the "GDP"), Page 1 of 12 Crosspointe Center Proffer Statement The major collector roadways (Tasker Road and Warrior Drive) in Crosspointe shall have a minimum 35' width buffer adjacent to dedicated rights of way and, except at entrance locations, be improved with landscape features and lighting to create a quality "boulevard" appearance. Illustrative details of these improvements shall be presented for approval by Frederick County at Master Plan. 4. PEDESTRIAN TRAIL SYSTEM AND RECREATION AREAS 4.1 The Applicant shall design and build a public pedestrian -bicycle trail system to Department of Parks and Recreation standards that links residential and commercial areas within the development. Said trails shall be in general conformance with the Southern Frederick Land Use Map and as such, shall be in the locations generally depicted on the GDP. The trails shall be 10 feet wide, have an asphalt surface and shall be approved by the / Director of Parks and Recreation and the Planning Commission. Y FIRE & RESCUE: 5.1. The Applicant shall contribute to the Board the sum of $250.00 per dwelling unit for fire and rescue purposes, payable upon the issuance of a building permit for each such unit. 5.2. The Applicant shall contribute a total of $300,000.00 to the Volunteer Fire Department providing service to the Property as first responder, payable in three equal installments of $100,000.00, upon issuance of the first building permit for each of the three phases as described herein. SCHOOLS: 6.1. The Applicant shall contribute to the Board the sum of $3,000.00 per dwelling unit for school purposes, payable upon the issuance of a building permit for each such unit with the exception of age -restricted units. 7. /PARKS & OPEN SPACE: 7.1. The Applicant shall contribute to the dwelling unit for recreational purposes, building permit for each such unit. 8. LIBRARIES: Board the sum of $500.00 per payable upon the issuance of a 8.1. The Applicant shall contribute to the Board the sum of $100.00 per dwelling unit for library purposes, payable upon the issuance of a building permit for each such unit. 9. SHERIFF'S OFFICE: Page 4 of 12 • • Crosspointe Center Proffer Statement 9.1. The Applicant shall contribute to the Board the sum of $5,000.00 for the Sheriff's Office upon issuance of the first building permit for the development. 10. ADMINISTRATION BUILDING: /10.1. The Applicant shall contribute to the Board the sum of $5,000.00 to be used for construction of a general governmental administration building upon issuance of the first building permit for the development. 11. CREATION OF HOMEOWNERS' AND PROPERTY OWNERS' ASSOCIATION: 11.1. The residential portion of the development shall be made subject to one or ore homeowners' association(s) (hereinafter "HOA") that shall be responsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, for each area subject to their jurisdiction, and shall be provided such other responsibilities, duties, and powers as are customary for such associations or as may be required for such HOA herein. If there is more than one such association, the Applicant shall create an umbrella HOA with respect to the entire development that shall, among other things, have responsibility for assuring compliance with design guidelines and standards, signage requirements, and similar matters. 11.2. In addition to such other duties and responsibilities as maybe assigned, an HOA shall have title to and responsibility for (i) all common open space eas not otherwise dedicated to public use, (ii) common buffer areas located outside of residential lots; (iii) common solid waste disposal programs, including curbside pick-up of refuse by a private refuse collection company, and (iv) responsibility for the perpetual maintenance of any street, perimeter, or road buffer areas, all of which buffer areas shall be located within easements to be granted to the HOA if platted within residential or other lots, or otherwise granted to the HOA by appropriate instrument. 11.3. The commercial portion of the development shall be made subject to one or more property owners' association(s) (hereinafter "POA") that shall be esponsible for the ownership, maintenance and repair of all common areas, including any conservation areas that may be established in accordance herewith not dedicated to the County or others, for each area subject to their jurisdiction, and shall be provided such other responsibilities, duties, and powers as are customary for such associations or as may be required for such POA herein. If there is more than one such association, the Applicant shall create an umbrella POA with respect to the entire development that shall, among other things, have responsibility for Page 5 of 12 Crosspointe Center Proffer Statement assuring compliance with design guidelines and standards, signage requirements, and similar matters. 11.4. In addition to such other duties and responsibilities as may be assigned, a PO,A shall have title to and responsibility for (i) all common open space as not otherwise dedicated to public use, (ii) common buffer areas located outside of commercial lots; (iii) common solid waste disposal programs to include dumpster and contract carrier services provided by a private refuse collection company, and (iv) responsibility for the perpetual maintenance of any street, perimeter, or road buffer areas, all of which buffer areas shall be located within easements to be granted to the POA if platted within commercial or other lots, or otherwise granted to the POA by appropriate instrument. 12. WATER & SEWER: 12.1. The Applicant shall be responsible for connecting the Property to public water and sewer, and for constructing all facilities required for such connection. All water and sewer infrastructure shall be constructed in accordance with the requirements of the Frederick County Sanitation Authority. 13. ENVIRONMENT: 13.1. Stormwater management and Best Management Practices (BMP) for the Property shall be provided in accordance with the Virginia Stormwater Management Regulations, First Ed. 1999, Chapter 2, Table 2-3 which results in the highest order of stormwater control in existing Virginia law mat the time of construction of any such facility. 3.2. tream preservation buffers shall be constructed in general conformance nffwith the Parks, Trails & Buffer Exhibit, so as to create buffers in excess of that required by the Frederick County Zoning Ordinance to protect the Opequon and Hoge Run streams from disturbance. No clearing or grading shall occur within those buffers, except for the construction of road crossings, trails, sanitary sewer, or other utilities. 14. TRANSPORTATION: 14.1. Transportation improvements shall be associated with and initiated with each phase of the development as set forth below. It is the Applicant's intent to utilize public road funding as it may be available for portions of this project, however, the responsibility for causing the construction to occur prior to issuance of building permits shall rest with the Applicant. Furthermore, design of the roadway system shall be consistent with the study entitled "A Phased Traffic Impact Analysis of Crosspointe Center," prepared by Patton Harris Rust & Associates, dated September 10, 2003 (the "TIA"). Page 6 of 12 • • Crosspointe Center Proffer Statement 14.2. The following traffic improvements shall be designed and constructed during Phase I. The exact location and design of such improvements shall be subject to reasonable adjustment upon final engineering thereof. 14.2.1 Prior to the issuance of the first building permit the Applicant shall design and construct an extension of Crosspointe Boulevard in an easterly direction for 1,100 feet as generally depicted on the GDP. Such design shall be in accordance with the Virginia Department of Transportation ("VDOT") specifications, and subject to review and approval by the Frederick County and VDOT. ("E" to "G" on the GDP). L/4.2.2 Prior to issuance of the first building permit for the development the Applicant shall design and construct a realigned intersection of Tasker Road with the extension of Crosspointe Boulevard as generally depicted on the GDP. Such design shall be in accordance with VDOT specifications and subject to review and approval by Frederick County and VDOT. ("F" to "G" to "H" to "J" on the GDP). , 14.2.3 Prior to the issuance of the first building permit the Applicant shall design and construct an extension of Hilandale Road from Crosspointe Boulevard extended in an easterly direction between the Phase I commercial and residential developments as generally depicted on the GDP. Such design shall be in accordance with VDOT specifications and subject to review and approval by Frederick County and VDOT. ("I" to "H" on the GDP). 14.2.4 At a time approved by VDOT the Applicant shall design and construct an additional lane on SBL U.S. Route 11 between the interchange ramp intersections with Route 37 as generally depicted on the GDP. Such design shall be in accordance with VDOT specifications and subject to review and approval by Frederick County and VDOT. ("A" to `B" on the GDP). 14.2.5 The Applicant shall perform design studies and secure approval of a ramp modification plan for the I-81 NBL off ramp and the 1-81 NBL on ramp in order to meet LOS "C" conditions in accordance with the TIA. VDOT and FHWA approvals and funding for the required improvements shall be secured to perform the work plan as approved prior to the issuance of the first building permit in Phase 1. ("D" and "E" as shown on the GDP). 14.2.6 Full left and right turn commercial entrances to Warrior Drive shall be limited to one location approximately midway between "M" and "K". 14.2.7 Full left and right turn commercial entrances to Tasker Road shall Page 7 of 12 0 Crosspointe Center Proffer Statement be limited to four with two allowed between "F" and "G" and one each allowed at "H" and "J". 14.3. Road entrances to Crosspointe Boulevard shall be limited to two entrances at "G" and at "M" as shown on the GDP. No other entrance or road connections to Crosspointe Boulevard shall be allowed without the express approval of Frederick County and VDOT. The following traffic improvements shall be designed and constructed during Phase II and shall be completed prior to issuance of the first occupancy permit in Phase II, unless noted otherwise herein. The exact location and design of such improvements shall be in substantial conformance with the GDP but subject to reasonable adjustment upon final engineering thereof. 14.3.1 The Applicant shall design and construct Tasker Road extended to V Warrior Drive. ("J" to "K" on the GDP). • 14.3.2 The Applicant shall design and construct Warrior Drive from Crosspointe Boulevard to the north limits of the development. ("L" to "K" to "M" on the GDP). 1" 4.3.3 The Applicant shall design and construct a two-lane extension of Crosspointe Boulevard to Warrior Drive. ("G" to "M" on the GDP). 14.4. The following traffic improvements shall be designed and constructed during Phase III and shall be completed prior to issuance of the first occupancy permit in Phase III, unless otherwise noted herein. The exact location and design of such improvements shall be subject to reasonable adjustment upon final engineering thereof: 14.4.1 The Applicant shall design and construct Warrior Drive from Crosspointe Boulevard to the south property boundary. ("M" to "N" on the GDP). 14.4.2 The Applicant shall design and construct two additional lanes to Crosspointe Boulevard from the intersection with Tasker Road to Warrior Drive. ("G" to "M" on the GDP). 4.4.3 The Applicant shall design and construct a four lane, divided roadway from Warrior Drive to the east limits of the development. ("M" to "O" on the GDP). 14.4.4 No construction permits for commercial or residential uses in Phase III shall be applied for until one of the three following conditions exist: 1. Warrior Drive is extended from the south across offsite properties to intersect with Tasker Road (S.R. 642) (at "N") or Page 8 of 12 • Crosspointe Center Proffer Statement with links provided to U.S. Route 522. (At "O"). 2. Warrior Drive is extended from the north across offsite properties to intersection with Paper Mill Road (S.R. 644). (At «L„ 3. A revised Transportation Impact Analysis is prepared, reviewed and approved by Frederick County and VDOT, which provides justification for Phase III transportation impacts. /4.5. The Applicant understands that the route of Crosspointe Boulevard may be used for an improved arterial road location in the future. The Applicant shall plan for a 220' wide corridor with additional right of way to allow for interchanges at the intersections of I-81 and Warrior Drive. The limits of the additional right of way shall be determined at the time of Master Plan approval. The area outside of the 90' to 110' right of way required for Crosspointe Boulevard shall be planned as open space, and in the event such a program is funded to provide for an upgraded roadway with a full transportation intersection at Warrior Drive, such right of way shall be dedicated at no cost to the County. ("E" to "G" to "M" to "O" on the GDP). 15. CULTURAL RESOURCES INVESTIGATION AND PRESERVATION V1 /15.1. The Applicant shall preserve Hilandale House for such uses as may be deemed appropriate by the Applicant. The Applicant shall further create a five -acre preservation park immediately surrounding the House, as generally depicted on the GDP. 15.2. The Applicant shall create a ten -acre preservation park immediately surrounding the encampment area associated with Camp Russell, as generally depicted on the GDP. 15.3. The Applicant shall create a two -acre preservation park surrounding the Carysbrook Redoubt area, as generally depicted on the GDP. 15.4 rior to the commencement of any land disturbing activities on the Property, the Applicant shall perform a Phase I Archeological Study for investigation of those portions of the development outside the development area previously studied in the Route 37 Final Environmental Impact Statement/Section 4(f) Evaluation (the "FEIS"). In the event that the Phase I study indicates that further study is required, then the Applicant shall take such further preservation studies as may be indicated. 15.5. If the Applicant constructs the extension of Warrior Road in the alignment contemplated by and studied in the FEIS, the Applicant will coordinate that construction with the Federal Highway Administration ("FHA"), the Virginia State Historic Preservation Officer ("SHPO"), VDOT, and Page 9 of 12 Crosspointe Center Proffer Statement Frederick County, to assure implementation of the Memorandum of Agreement previously entered into between the County, the FHA and the State Historic Preservation Officer pursuant to 36 CFR § 800.6(a). 15.6. Any additional archeological features identified during the Phase I study will be evaluated in accordance with VDHR guidelines, and in the event that a National Register -eligible site is identified, the Applicant will work with VDHR and the County to mitigate any adverse effects that may result from the proposed development. 16. DEDICATION OF AREA FOR GOVERNMENT SERVICES 16.1. At such time as the Board intends to construct a facility as provided herein, the Applicant shall dedicate to the Frederick County Board of Supervisors, or such entity as the Board may direct approximately nine acres of land in a location agreeable to the Board and the Applicant for the placement of government services, for satellite offices including a public safety building, and any other governmental services as the Board may direct, provided, however that this shall not permit construction of a motor pool maintenance facility or impoundment yard or similar uses. The dedication shall occur within thirty (30) days of the Board's written request to the Applicant. Any such facility shall be compatible with the design of the Project as otherwise provided in Proffer 2.1 herein. 16.2. The dedication provided for herein shall be made within three years from the date of approval of the rezoning as applied for, provided that the Board upon its written request shall be granted two additional years within which to request such dedication In the event that dedicat' t ion or %, ension is not requested within the time here provided, the Applicant shall pay to the County the sum of $290,00D.00 in lieu of such dedication or extension within sixty days of the expiration of the applicable period. 17. ESCALATOR CLAUSE 17.1. In the event the monetary contributions set forth in the Proffer Statement are paid to the Frederick County Board County Supervisors ("Board") within 30 months of the approval of this rezoning, as applied for by the Applicant, said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in the Proffer Statement which are paid to the Board after 30 months following the approval of this rezoning shall be adjusted in accordance with the Urban Consumer Price Index ("CPI-U") published by the United States Department of Labor, such that at the time contributions are paid, they shall be adjusted by the percentage change in the CPI-U from that date 24 months after the approval of this rezoning to the most recently available CPI-U to the date the contributions are paid, subject to a cap of 6% per year, non -compounded. Page 10 of 12 0 Crosspointe Center Proffer Statement SIGNATURES APPEAR ON FOLLOWING PAGES Page 11 of 12 7 Crosspointe Center Proffer ,Statement GLAIZE DEVELOPMENTS, INC. By: .o-y 4 cc... Title: �'� - ,r��a z c..�►_,A COMMONWEALTH OF VIRGINIA; CITY/E Y OF :to -wit The foregoing instrument was acknowledged before me this day of JOd\ %j 2004, by��-- ------------------ ---Notary Public --- My Commission expires: `01--\ J:\43\4346\REZONING\REZONING\PROFFERS\Proffer 0123.doe Page 12 of 12 0 6-0 0 Cros.Vpoinle Center I'rrJcr .Statement Frederick County, to assure implementation of the Memorandum of Agreement previously entered into between the County, the FHA and the State Historic Preservation Officer pursuant to 36 CFR . 800.6(a). 15.6. Any additional archeological features identified during the Phase I studv will be evaluated in accordance with VDHR guidelines, and in the event that a National Register -eligible site is identified, the Applicant will work with VDHR and the County to mitigate any adverse effects that may result from the proposed development. 16. DEDICATION OF AREA FOR GOVERNMENT SERVICI-S 16.1. At such time as the Board intends to construct a facility as provided herein, the Applicant shall dedicate to the Frederick County Board of Supervisors, or such entity as the Board may direct approximately nine acres of land in a location agreeable to the Board and the Applicant for the placement of government services, for satellite offices including a public safety building, and any other governmental services as the Board may direct, provided, however that this shall not permit construction of a motor pool maintenance facility or impoundment yard or similar uses. Tile dedication shall occur within thirty (30) days of the Board's Nwitten request to the Applicant. Any such facility shall he compatible «ith the design of the Project as otherwise provided in Proffer 2.1 herein. vS-r- ef, 16.2. 'Fhe dedication provided for herein shall be made within three years from 1 the date of approval of the rezoning as applied or, provicted that the Roard upon its written request shall be granted two additional years within which to request such dedication. In the event that dedication or extension is not FV R-r— requested within the time here provided, the Applicant shall pay to the County the sum of $200.000.00 in lieu of such dedication or extension D11% I a� within sixty days of the expiration of the applicable period. 17. ESCALATOR CLAUSE 17.1. In the event the monetary contributions set forth in the Proffer Statement are paid to the Frederick County Board County Supervisors ("Board") within 30 months of the approval of this rezoning, as applied for by the Applicant, said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in the Proffer Statement which are paid to the Board after 30 months following. the approval of this rezoning shall be adjusted in accordance with the Urban Consumer Price Index ("C M-IJ") published by the United States Department of Labor, such that at the time contributions are paid, they shall be adjusted by the percentage change In the CPT-tl frorn that date 24 months after the approval of this rezoning to the most recently available CPI-U to the date the contributions are paid, subject to a cap of 6% per year, non -compounded. Page 10 of 12 AMENDMENT Action: PLANNING COMMISSION: November 19, 2003 - Recommended Approval BOARD OF SUPERVISORS: February 11, 2004 ❑ APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #13-03 OF CROSSPOINTE CENTER WHEREAS, Rezoning #13-03 of Crosspointe Center, submitted by Gilbert W. Clifford & Associates, Inc., to rezone 574.37 acres from RA (Rural Areas) and B2 (Business General) to RP (Residential Performance) and B2 (Business General). Specifically, this application requests the rezoning of the subject acreage as follows: 175.62 acres from RA (Rural Areas) to B2 (Business General), 381.80 acres from RA (Rural Areas) to RP (Residential Performance), and 16.95 acres from B2 (Business General) without proffers to B2 (Business General) with proffers. The subject site is located in the Kernstown area, east of the southern terminus of Route 37, north and adjacent to Lakeside Subdivision, and east and adjacent to Tasker Road (Route 642), and is identified with Property Identification Numbers 75-A-89, 75-A-89A, 75-A-90, 75-A-91, 75-A-92, 75-A-94, 75-A-95 and 75-A- 96 in the Shawnee Magisterial District; and WHEREAS, the Planning Commission held a public hearing onthis rezoning onNovember 19, 2003; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on February 1 1, 2004; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to change 574.37 acres from RA (Rural Areas) and B2 (Business General) to RP (Residential Performance) and B2 (Business GeneraI), as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. PDRes 427-03 • • • Frederick County, Virginia Master Development Plan Application Package Request for Master Development Plan Comments Frederick County Department of Planning and Development Mail to: Hand deliver to: Frederick County TFFlo or Dept. of Planning & Development 107 N. Kent Street 107 N. Kent Street Winchester, VA Winchester, VA 22601 (540) 665-5651 Please fill out the information as accurately as possible in order to assist the agency with their review. Please attach two (2) copies of the MDP with this sheet. Applicant's Name Address: Phone Number: Patton Harris Rust & Associates 117 E. Piccadilly Street, Suite 200 Winchester, Virginia 22601 (540) 667-2139 Name of development and/or description of the request: Crosspointe Center Location of Property: Kernstown Area — East and adjacent to Interstate 81 where VA Route 37 terminates Department of Planning & Development's Comments: Department of Planning and Development use only Date received Review Number: 12 3 4 5 (Please circle one) Date reviewed Date approved: Revision required _ Signature and Date 0 • Frederick County, Virginia Master Development Plan Application Package` APPLICATION MASTER DEVELOPMENT PLAN Department of Planning and Development Use Only Date application received Complete Date of acceptance Incomplete- Date of Return /A � 6%� Application # / 7- c`� 1. Project Title: Crosspointe Center 2. Owner's Name: Glaize Development, Inc. (Please list the names of all owners or parties in interest) 3. Applicant: Patton Harris Rust & Associates Address: 117 E. Piccadilly Street, Suite 200 Winchester, Virginia 22601 Phone: (540) 667-2139 4. Design Company: Patton Harris Rust & Associates Address: 117 E. Piccadilly Street, Suite 200 Winchester, Virginia 22601 Phone Number: (540) 667-2139 Contact Name: Patrick Sowers Frederick County, Virginia Master Development Plan Application Package APPLICATION cont'd MASTER DEVELOPMENT PLAN 5. Location of Property: Kernstown Area — East and adjacent to Interstate 81 where VA Route 37 terminates 6. Total Acreage: 574.37 7. Property Information: a) Property Identification Number (PIN) b) Current Zoning: c) Present Use: d) Proposed Use: e) Adjoining Property Information: Property Identification Please See Attached North South East West f) Magisterial District: 75-A-89, 89A, 90, 91, 92, 94, 95 and 96 RP & B2 Vacant Residential & Commercial Property Uses 8. Is this an original or amended Master Development Plan? Original X Amended I have read the material included in this package and understand what is required by the Frederick County Department of Planning and Development. I also understand that the master development plan shall include all contiguous land under single or common ownership. All required material will be complete prior to the submission of my master development plan application. Signature: C- Date: 2 Crosspointe MDP Application Adjoining Property Owners Tax ID # Name Address Zoning Use 63-AA 116 John C. Russel Jr. & Frances L 285 Caldwell Lane, Winchester, VA 22602 RA Apicultural 75-A 93 Paul M. Haldeman, Jr. Trust GO Fist Bank — Trust Division 1835 ValleyAvenue, Winchester, VA 22601 RA Agricultural 64-A 24 Paul Ni Haldeman, Jr. Trust CO First Bank — Trust Division 1835 Valley Avenue, Winchester, VA 22601 RA Agricultural 76-A 13 W. F. Jr. Ai rxi 1726 Front Royal Pike, Winchester, VA 22602 RA Agricultural 75-A 99A Winchester Artri, LLC C/O The Tower Companies 11501 Huff Court, N. Bethesda, MD 20895 RA Vacant 75-A 97 Steve Dubrueler 346 Saddleback Lane, Winchester, VA 22602 RA Vacant 75G-54B-136A N/A N/A RP Vacant 75G-54B-135A N/A N/A RP Vacant 75G-7-6-165A N/A N/A RP Open Space 75G7-6-173A N/A N/A RP en Space 75G-7-6-193A N/A N/A RP Open Space 75G-6-5-189A N/A N/A RP Open Space 75-A 84 Coreen M DaRey 244 Picket Lane, Stephens City, VA 22655 RA Residential 75-A 88 Andy C. Corne'o-Rivera & Silvia V. Guilleu 266 Picket Lane, Stephens Ci , VA 22655 RA Residential 75-4-1 Brubaker Enterprises, Ltd. PR 3407 Cedar Creek Grade, Winchester, VA 22602 B2 Commercial 63-2-A Shenandoah Gas Company N/A RA Ind. Office 63-2-B Hamman Investment Co., Inc. 931 Pinto Circle, Nohomis, FL 34275 M1 Commercial • 0 • RECEIVED • RECEIVED 2 9 I MEOERU COUNTY Frederick County, Virginia MA )16WWYAM 'lan Application Package i�1J8lIG a�0lt,� a ins; tC1iU���; Request for Master Development Plan Comments Department of GIS (Geographic Information Systems) Mail to: Hand deliver to: Department of GIS, Attn: GIS Manager Department of GIS 107 North Kent Street 107 North Kent Street Winchester, VA 22601 Winchester, VA 22601 (540) 665-5651 (540) 665-5651 The GIS Manager will review the proposed street names for this project to ensure their acceptability into the Frederick County Street Name System. Proposed street names will also be routed through the Communication Center Supervisor for review. This step will prevent duplicate street names from being entered. Please attach one copy of the plan indicating proposed names. Applicant's Name Address: Phone Number: Patton Harris Rust & Associates 117 E. Piccadilly Street, Suite 200 Winchester, Virginia 22601 (540) 667-2139 Name of development and/or description of the request: Crosspointe Center Location of Property: Kernstown Area — East and adjacent to Interstate 81 where VA Route 37 terminates GIS Manager Comments: L .�DSs�Oi tl7E tiCJOct tE[/�i2� Xll tS &EEAJ .gA r�rzED i n to Y7,1E dlwn �SrreN -- Ct�&C—% to LAS 9612 ROAO 4-wu- BEE A c?,*G A2oB4&V — /Vor emoa& / iC/ i18E/2ir1G Ay-wi-"49 TD G'bvE2 b/.zTAtIC� — RVAb N 4ry -- Q-0- Department of Planning and Development Date received 'O-dam_ Review Date reviewed -3 O Date lap Signature and Date only )er: 12 3 4 5 (Please circle,�one) is Revision required 10 • • 00 Mr. Charles E. Maddox, Jr., P.E. Vice President Patton Harris Rust & Associates, p.c. 117 E. Piccadilly Street Winchester, Virginia 22601 COUNTY of FREDERICK Department of Public Works 540/665-5643 February 22, 2006 FAX: 540/678-0682 RE: Crosspointe Center Master Development Plan (MDP) Frederick County, Virginia Dear Chuck: We have completed our review of the proposed MDP for Crosspointe Center and offer the following comments: Refer to Sheet 5 of 9: Our recent site visits revealed that there are more potential wetlands in the proposed development areas than shown on this sheet (0.24 acres). There is no indication that a detailed wetlands study has been performed on this site. If a wetlands study is currently underway or has been recently completed. we suggest that a copy of the proposed MDP be included in the submission to the Corps of Engineers for their review and continents. Please provide this office with a copy of the wetlands study for our records when it becomes available. 2. Refer to Sheet 5 of 9, Steep Slopes: There appears to be several more areas which could be classified as steep slopes (50 percent or greater). These areas need to be highlighted to prevent future disturbance, if possible. Refer to Sheet 6 of 9: This sheet shows the approximate locations of storm water management ponds. We realize that these locations may be altered to acconunodate the actual site designs and the BMP requirements highlighted in the proffer statement, (item 13.1 on Sheet 9 of 9.) I can be reached at 722-8214 if you should have any questions regarding the above continents. Sincerelv. Harvey E. Strawsnvder, Jr., P.E. Director of Public Works HES/rls cc: Mike Ruddy, Planning and Development C:\Program Files\wOr'dPerrect Office 11\Rhonda\TENIP(*ONINIF,NTS\crosspointenulpre%,com.wpd 107 North Kent Street 9 Winchester, Virginia 22601-5000 0 0 Frederick County, Virginia Master Development Plan Application Package Required Information Checklist MASTER DEVELOPMENT PLAN The following information must be included on the master development plan. If the submitted master development plan is incomplete or is missing information, it will not be reviewed and will be returned to you for revisions. Administrative Information Yes No 1. Name of proposed development. 2. Name, address, and telephone number of owner. y_ 3. Name, address, and telephone number of developer. 4. Name, address, and telephone number of designer. Signed certificate of surveyor, engineer, or architect. 6. Date plan prepared and date of revisions. ✓ 7. A listing of all conditions placed on the site as a result of a conditional zoning approval. Rezoning file number should be cited. 8. A space labeled "Approved by the Director of Planning and Development" for the approval signature and date of approval. ✓ 9. A space labeled "Approved by the County Administrator" for the approval signature and date of approval. u ✓ 10 Magisterial District. 11. Sheet size less than 42 inches. Page 13 Frederick County, Virginia Master Development Plan Application Package General Information Yes No 1:2000).1'�' 1. Location map (scale T. ) Scale of the MDP is not to exceed 1:100. i/ 3. North Arrow. 4. Legend describing all symbols. ✓ 5. Surveyed boundaries of all lots and parcels. 6. Acreage of all parcels included in the MDP. 7. Topography contour lines at acceptable intervals. 8. A schedule of phases, boundary of phases, and order of development. 9. Use, zoning, and property owner of all adjoining properties. 10. Location of proposed uses (location, boundaries, arrangement). / 11. Location and treatment of historic structures and sites. 12. History of all land divisions in relation to this tract. 13. Acreage, Location and boundaries of environmental features: floodplains, lakes and ponds, wetlands, natural stormwater retention areas, steep slopes, woodlands. G Amount and percentage of disturbed and protected land in common open space. MpUi( AA0 i W- -rva; ro Page 14 Frederick County, Virginia Master Development Plan Application Package Residential Development Information Yes No ✓ (D Location and dimension of Residential Separation Buffers. 2. Acreage in common open space, in housing type, in road rights -of -way, and for the entire development (by Phase). 1/ 3. Location and boundaries of housing types. Residential Performance (RP) dimensional requirements should be indicated. �✓ 4. Number of dwelling units (by type, phase, and in total). IJ_ SO Location and configuration of required recreational facilities. Statement of required and type of facilities to be provided. Infrastructure Information Yes No ✓ 1. Location of adjoining streets and utilities. 2. Location, arrangements, and right-of-way widths of roads and property access. ✓ 3. Location and arrangement of street entrances, driveways, and parking areas. _ 4. Location of entrances to the development from public streets. ` 5. Type of road design (rural or urban). 6. Use of inter -parcel connectors. Page 15 Frederick County, Virginia Master Development Plan Application Package 7. Traffic impact analysis. To be submitted to the Virginia Department of Transportation. 8. Location of sewer and water mains with statements concerning the connection with and availability of facilities. O9 Location and arrangement of electric and gas utilities. Other Design Information Yes No 1. Location of Zoning District and Road Efficiency buffers, and examples specifying the screening to be provided. _ 2. Plan for stormwater management. Location of stormwater facilities. i 3. Acreage of each type of environmental protection land. (Amount and percentage of disturbed and protected land in common open space.) Shown in a table format. 4. Amount, boundaries, and location of common open space. (Indicate the percentage of the entire site to be placed in common open space.) 5. Location of environmental protected areas to be included in common open space. Page 16 0 Frederick County, Virginia Master Development Plan Application Package County Health Department Information Yes No 1. Statements and locations pertaining to sewer and water availability. 2. Statements and locations concerning any existing pre- or post -water treatment facilities. 3. Statements and location of any planned private treatment facilities. Page 17 From: Funkhouser, Rhonda [Rhonda.Fun khouser@VDOT.Virginia.gov] on behalf of Ingram, Lloyd [Lloyd.Ingram@VDOT.Virginia.gov] Sent: Thursday, December 21, 2006 11:35 AM To: 'tom.price@phra.com' Cc: Ingram, Lloyd; Alexander, Scott; 'Eric Lawrence'; Copp, Jerry Subject: Crosspointe Center Master Development Plan Attachments: SCN 20061221112810_001.pdf SCN_20061221112 810_001.pdf (12... The master development plan for this property appears to have significant measurable impact on Routes 642, 37, 81, and 11, the VDOT facilities which would provide access to the property. VDOT offers the following comments: * The MDP does not address the future phasing of the Tasker Road/Crosspointe Boulevard conversion to a grade -separated intersection. Unless the overpass is properly designed and constructed with the Phase 1 extension of Crosspointe Boulevard, it does not appear that the future conversion can be feasibly accomplished without severely restricting and/or shutting down both Tasker and Crosspointe Boulevard. * The MDP does not reflect necessary improvements to the Route 81/37 interchange currently under review by the Federal Highway Administration. The Residency cannot officially endorse this partial submittal (which does not include the 81/37 improvements under consideration by FHWA) until the Limited Access Control modification is approved by FHWA and the Virginia Commonwealth Transportation Board . * There are numerous secondary roads shown in the MDP that have not been identified as to whether they will be public or private streets. Clarification is requested. Before making any final comments, this office will require a complete set of site plans, drainage calculations and traffic flow data from the I.T.E. Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization, and off -site roadway improvements and drainage. Prior to construction on the State's right-of-way the developer will need to apply to this office for issuance of appropriate permits to cover said work. «SCN 20061221112810 001.pdf >> Thank you for allowing us the opportunity to comment. Lloyd A. Ingram Transportation Engineer VDOT - Edinburg Residency Land Development 14031 Old Valley Pike Edinburg, VA 22824 (540) 984-5611 (540) 984-5607 (fax) 1 RECEIVED • RECEIVED FREDERICN CUUNTY40 Frederick County, Virginia M Y@ �lan Application Packame PUBLIC WOkK & INSPECTIONS Request for Master Development Plan Comments Department of GIS (Geographic Information Systems) Mail to: Hand deliver to: Department of GIS, Attn: GIS Manager Department of GIS 107 North Kent Street 107 North Kent Street Winchester, VA 22601 Winchester, VA 22601 (540) 665-5651 (540) 665-5651 The GIS Manager will review the proposed street names for this project to ensure their acceptability into the Frederick County Street Name System. Proposed street names will also be routed through the Communication Center Supervisor for review. This step will prevent duplicate street names from being entered. Please attach one copy of the plan indicating proposed names. Applicant's Name: Patton Harris Rust & Associates Address: 117 E. Piccadilly Street, Suite 200 Winchester, Virginia 22601 • Phone Number: (540) 667-2139 Name of development and/or description of the request: Crosspointe Center Location of Property: Kernstown Area — East and adjacent to Interstate 81 where VA Route 37 terminates GIS Manager Comments: �,r2o.5sr�4i tlTE46DU46r/,$Rl� X/45 ,&EE•-J - Ctfi4�laGS to AZW 464- NoT ENeuli el iC/l1i78F.2irJG AV-WG."49 M CbvE/2t A.Nw<n� 7'A-Sk�Fjt ,�,c rE�/�S✓D/d '- -R01*6 N47mE Department of Planning and Development use only Date received '0-d5- - Review Number: 12 3 4 5 (Please circle one) Date reviewed -.30-o Date apprgved: Revision required is Signature and Date 10 • • COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 March 6, 2006 /� 16pe (� a �c hI�h1;�h c -A)ri Mr. Patrick Sowers Patton Harris Rust and Associates, PC-■-f;�S 117 E. Piccadilly Street Winchester, Virginia 22601 m RE: Preliminary Master Development Plan Review Comments Crosspointe Center Property Identification Numbers (PINs): 75-A-89, 89A, 91, 92, 95, 96 and a portion of 75-A-90 and 75-A-94 Dear Patrick: I - Please adequately address each of the comments listed below prior to formal submission of the preliminary master development plan referenced above: Preliminary Review Comments: VI. Project Summary. Under �the�project summary on sheet 2, show the acreage of 132 and RP. Sh OWA.l AX Al ►!2. Road Sections. On sheet 3, some of the proffer sections do not match the road section provided. Also, as indicated on sheet 3, road sections are missing. wok' N AJ. kwkd Typical Street Sections. Warrior Drive is shown as having different road sections depending on the portion. Warrior Drive section M-N should have the same detail as section G-M. q L.AWGS ON $GTN . NO C4 G ON Ipf . 37 �-4. Crosspointe Blvd./Route 37. This MDP needs to provide for a right-of-way dedication for the Route 37 extension from Point "O" to the eastern property line; ensure that there will be enough ROW for bridges and the cloverleaf. SEE K*t-. ✓3. Warrior Drive. Ensure that the right-of-way for Warri r Drive n N this property aligns with Warrior Drive on the Artrip Property. ARTRiP s W"AAroIQ /�� vl�. Phasing Schedule. On sheet 2, the phasing lines from the GDP need to be included. On sheet 3, provide more detail for the phasing schedule. _ Please indicate that certain phases cannot commence until triggered by commercial development. Phase II scheduling needs to indicate that it cannot be developed until the gross leasable floor space required in Phase I is constructed, and Phase III cannot commence until a total of 390.000square feet of commercial/retail gross leasable floor space is constructed. mRSTER 01: 9� er1ley 4a/i4 �7c �i Environmental Features Plan. Many of the details on the Environmental Features Plan (sheet 5) are difficult to see; bold It*ne§ or shading should be used to clarify the features. ShowN AI X . z) 7m- fiery. Phq C ' be-44% 0)~�v m ShjjET -3. A A &,vde n, �- PIOSe� SchZw t �'ek--.r -/o PR6AC19 . s7,--r 9 FoA ,WWapiren4' In■r 16T-_AIL v.._a oa_. A 0... 4-'1n'1 {lU:.+.d...of.+.. V:...,:.,:.. '1')JM1-VWW1 PM9.0t i. Mr. Patrick Sowers • • RE: Crosspointe Center March 6, 2006 Page 2 /8. Buffer Details. On sheet 6, the Category B buffer needs to include the distances from the B2 to the RP (50' plus landscaping) and the RP to the B2 (50' distance); the total distance of this buffer needs to be shown as 100'. Also, the detail for the trees shown on the Category B buffer does not appear to meet the ordinance. The text for the -amount of XLV LA54. trees is correct (3/10 linear feet), but only a single row of trees is shown. L-T Proffered Buffers. Proffer 3.4 states that the major collector roads (Tasker and Warrior) must have a 35' buffer with landscaping and lighting, adjacent to all right-of-ways. This buffer is currently onlx shown on sheet 4. ,This buffer needs to be shown on sheet 6 $-NOWA /91' along with a detail. 10. Sign Plans. Proffer 3.3 states that a comprehensive sign plan shall "be presented as part of the Master Development Plan submission for approval by Frederick County". Please provide this sign package for review. ?4011. Stormwater Management. The stormwater management pond shown on sheet 9 should EEAs Tp 8E for B2B' �11 be relocated onto the B2 portion of the property and become a water feature the M,� 4"f-Transportation Improvements. Sheet 3 of the master plan can be confusing since the�u��� letters that correspond to the improvements must be cross-referenced to theproffers. A ' transportation schedule on sheet 3 would be beneficial. 7glAbW /SAS 00/1 AMeJ/jC/eCf `n. Phase I Archeological Study. Proffer 15.4 states that a Phase I Archeological Study needs to be completed for the portions of the site outside of the area previously studied in the Route 37 EIS prior to the commencement of any land disturbing activities on the property. If this study has been completed, please rovide it our dep rtment; if not, be 2�e• L_.14. indicate when the study will completed .�e ,s Dedication of Area for Government Services. Proffer 16.1 and 16.2 state that nine • acres will be dedicated (or $200,000) to the County should they request it. This dedication must be made by February 11, 2007. Please be aware that the County will be exercising its interest in this proffer. OA.4 y. In order to continue the review of this Master Development Plan, you will need to submit a complete MDP application, a signed and notarized Special Limited Power of Attorney Form, all review agency comments and review fee, to this department. Once this information is received, and all review comments addressed, staff will schedule the application for review by the Planning Commission. Review comments are required from the following agencies: Frederick County Fire Marshal, Frederick County Department of Building Inspections, Frederick County Department of Public Works, Frederick County Department of G.I.S., Frederick County Health Department, Frederick County Parks & Recreation, Frederick County Sanitation Authority, and the Virginia Department of Transportation. Please do not hesitate to contact me with questions regarding this letter. Sincerely, a",k , e - �_,Q , Candice E. Perkins Planner II CEP/bad Attachment cc: Glaize Development, Inc., PO Box 888, Winchester, VA 22604 • • Frederick County, Virginia REVISED CROSSPOINTE MASTER PLAN is � 0 Request for Master Development Plan Comments Frederick County Sanitation Authority Mail to: Frederick County Sanitation Authority Attn: Engineer P.O. Box 1877 Winchester, VA 22604 Hand deliver to: 315 Tasker Road Stephens City, VA (540) 868-1061 iriffeRIIIIIA Icrule. Please fill out the information as accurately as possible in order to assist the Frederick County Sanitation Authority with their review. Please attach two (2) copies of the MDP with this sheet. Applicant's Name: Address: Patton Harris Rust and Associates 117 E. Piccadilly Street P1,91CIF Winchester, VA 22601 Phone Number: (540)667-2139 Attn: Tom Price Name of development and/or description of the request: CROSSPOINTE CENTER Location of Property: Kernstown Area — East and adjacent to Interstate 81 where Va Route 37 terminates. Frederick County Sanitation Authority's Comment: -2*0 A15Y11-sw - �010R o Yr6tJ Frederick County Sanitation Authority use only ro. Date received Review Number: 12 3 4 5 (Please circle one) Date reviewed Date approved: Revision required Signature and Date °` ` 41' 12 • 0 Frederick County, Virginia Master Development Plan Application Package Request for Master Development Plan Comments Frederick County Inspections Department Mail to: Hand deliver to: Frederick Co. Inspections Department 4 Floor Attn: Building Official 107 N. Kent St. 107 N. Kent St. Winchester, VA Winchester, VA 22601 (540) 665-5650 Please fill out the information as accurately as possible in order to assist the Inspections Department with their review. Please attach one (1) copy of the MDP with this sheet. Applicant's Name Address: Phone Number: Patton Harris Rust & Associates 117 E. Piccadilly Street, Suite 200 Winchester, Virginia 22601 (540) 667-2139 Name of development and/or description of the request: Crosspointe Center Location of Property: Kernstown Area — East and adjacent to Interstate 81 where VA Route 37 terminates r--A-,4..1L (`--+- T-or anti�nc (nmmPntc- Frederick County Inspections Department use only Date received Review Nurpber: 12 4 (Please circle one) Date reviewed Da t r ed vision • Signature and Date r r� 5 Pry o 13 COUNTY of FREDERICK !, Department of Public Works 540/665-5643 f"' FAX: 540/678-0682 0, April 24, 2006 Mr. Tom Price Patton Harris Rust & Associates, p.c. 117 E. Piccadilly Street Winchester, Virginia 22601 RE: Crosspointe Center Master Development Plan (MDP) Frederick County, Virginia Dear Tom: The revisions provided on March 23, 2006, have addressed all of our February 22, 2006, comments except the requirement for a detailed wetlands delineation study. We understand that this study is currently in progress and will be incorporated in the final MDP document. Please provide this office with a copy of the final wetland study. Receipt of this report will constitute our approval of the MDP. Sincerely, Harvey E. Strawsnyder, Jr., P.E. Director of Public Works HES/rls , cc: Mike Ruddy, Planning and Development file C:\Program Files\WordPerfect Office 11\Rhonda\TEMPCOMMENTS\Crosspointemdpreveoin.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 2-16-06; 2:21PM;FRED CO FIRE RESCUE- ;1 540 678 4739 # 2/ - • ---1 • -_ I• Control number MDPOS-0008 Project Name Cfvsspointe Center Address 117 E. Piccadilly St. Suite 200 Type Application Prefim. MDP Current Zoning RP & 82 Automatic Sprinkler System Yes other recommendation Date fecelved Date reviewed Date Revised 11/22/2005 12/5/2005 Applicant Patton Harris Rust & Associates City State Zip Applicant Phone Winchester Va 22601 540-662-2092 TaxlDNumber Fire District Rescue District 75-A89 11 11 Election District Recommendations Shawnee Automatic Fire Afarm System Residential Sprinkler System Yes Yes Emergency Vehicle Access Not Identified Siamese Location Not Identified Emergency Vehicle Access Comments Access Comments Additional Comments %£UICE'fY1ei?S Hydrant Location Not Identified Roadway/Alsteway VVxTh Not Identified Plan Approval Recommended Reviewed By IWAduft Yes Jemey S. Neat Title • Fire Lane Required Yes Special Hazards No Master Development Plan Comments Cross Pointe Center l . Developer has indicated that an open space summary will be provided at the time of subdivision or site plan review. 2. Developer has indicated on plan that required recreational units will be detailed for approval by staff at time of site approval. When considering the scope of this development, it concerns staff that the developer has not bee required to provide a comprehensive recreational amenities plan prior to this point in the process. 3. The concept presented for the pedestrian/bicycle trail system appears to be appropriate. Trail detail also appears to meet department standard. 4. Developer states that all trail signage to be submitted for approval at site plan review phase for each landbay. 5. The monetary proffer for Parks and Recreation does not appear to be adequate to offset the impact this development will have on the capital facility development needs for the Parks and Recreation Department. • Parks and Recreation Department Signature and Date yxec-'tl' 0 • • • Frederick County, Virginia CROSSPOINTE CENTER MDP Request for Master Development Plan Comments Frederick County Department of Parks and Recreation Mail to: Hand deliver to: Frederick County 107 N. Kent Street Department of Parks and Recreation 2°a Floor 107 N. Kent St. Winchester, VA Winchester, VA 22601 (540) 665-5678 Please fill out the information as accurately as possible in order to assist the agency with their review. Please attach one (1) copy of the MDP with the sheet. Applicant's Name: Patton Harris Rust & Associates, pc Address: 117 E. Piccadilly Street Winchester, VA 22601 Phone Number: (540) 667-2139 Name of development and/or description of the request: CROSSPOINTE CENTER Location of Property: Kernstown Area — East and adjacent to Interstate 81 where VA Route 37 terminates. Department of Parks and Recreation's Comments: SPe atrarbed comments. Department of Parks and Recreation use only Date received Date reviewed Signature and Date Review Number: 1 2 3 4 5 (please circle one) Date approved Revision required 16 00 0 Frederick County, Virginia Master Development Plan Application Package Request for Master Development Plan Comments Frederick County — Winchester Health Department Mail to: Frederick -Winchester Health Dept. Attn: Sanitation Engineer 107 N. Kent St., Suite 201 Winchester, VA 22601 (540) 722-3480 Hand deliver to: 2°° Floor, Suite 200 107 N. Kent Street Winchester, VA (540) 722-3480 Please fill out the information as accurately as possible in order to assist the agency with their review. Please attach one (1) copy of the MDP with this sheet. Applicant's Name: Address: Phone Number: Patton Harris Rust & Associates 117 E. Piccadilly Street, Suite 200 Winchester, Virginia 22601 (540) 667-2139 Name of development and/or description of the request: Crosspointe Center Location of Property: Kernstown Area — East and adjacent to Interstate 81 where VA Route 37 terminate Frederick/ County - Winchester Health Department's Comments: Frederick Co. — Winchester Health Dept. use only Date received _ Date reviewed _ Signature and Date Review Number: 12 3 4 5 (Please circle one) Date approve4: Revision required 17 0 Frederick County, Virginia Master Development Plan Application Package I* Request for Master Development Plan Comments Winchester Regional Airport Mail to: Winchester Regional Airport Attn: Executive Director 491 Airport Road Winchester, VA 22602 Hand deliver to: 491 Airport Road (Route 645, off of Route 522 South) (540) 662-2422 Please fill out the information as accurately as possible in order to assist the agency with their review. Please attach one (1) copy of the MDP with this sheet. Applicant's Name: Patton Harris Rust & Associates Address: 117 E. Piccadilly Street, Suite 200 Winchester, Virginia 22601 Phone Number: (540) 667-2139 Name of development and/or description of the request: Crosspointe Center Location of Property: Kernstown Area — East and adjacent to Interstate 81 where VA Route 37 terminates Winchester Regional Airport Comments: e-e \ IpA ems. Winchester Regional Airport use only 1-1Date received 1 o Review Number: 12 3 4 5 SPlease circle one) Date reviewed S Date approved: c�-tK, Revisionrequired Signature and Date ,•yayyk I 18 WINCHESTER REGIONAL AIRPORT 491 AIRPORT ROAD WINCHESTER, VIRGINIA 22602 (540) 662-2422 November 29, 2005 Charles E. Maddox, Jr. Vice -President Patton Harris Rust & Associates 117 E. Piccadilly Street, Suite 200 Winchester, Virginia 22601 Re: Master Development Plan Comments Crossbointe Center Shawnee Magisterial District Dear Mr. Maddox: The proposed rezoning request has been reviewed and it appears that it will not impact operations at the Winchester Regional Airport. Thank you for the opportunity to review this request. Sincerely, S. R. Manuel Executive Director • ' , r E-+ Frederick County Public Schools Administrative Assistant to Visit us at www.frederick.k12.va.us the Superintendent January 3, 2006 Mr. Patrick Sowers Patton Harris Rust & Associates 117 E. PiccadilIy Street, Suite 200 Winchester, VA 22601 Dear Mr. Sowers: RE: Crosspointe Center Master Development Plan e-mail: kapocsis@frederick.k12, va.us This Ietter is in response to your request for comments regarding the master development plan application for the proposed Crosspointe Center. Based on the information provided, it is anticipated that the proposed Phase I, Phase II, and Phase III will have an impact as follows: Phase I having 616 single- family homes with 100 being age restricted will yield 201 elementary school students, 72 middle school students, and 88 high school students; Phase II having 513 single-family homes with 100 being age restricted will yield 161 elementary school students, 58 middle school students, and 70 high school students; and Phase III having 449 single-family homes will yield 175 elementary school students, 63 middle school students, and 76 high school students. This,will total 361 students in Phase I, 289 students in Phase II, and 314 students in Phase III with a grand total of 964 new students upon build -out of Phases I, II, and III. Significant residential growth in Frederick County has resulted in the schools serving this area having student enrollments nearing or exceeding the practical capacity for a school. The cumulative impact of this project and others of similar nature, coupled with the number of approved, undeveloped residential lots in the area, will necessitate the future construction of new schools facilities to accommodate increased student enrollments. The impact of this master development plan on current and future school needs should be considered during the approval process. Respectfully yours, Stephe M�Kapo i Administrative Assistant to, the Superintendent, SMK:dkr cc: William C. Dean, Ph.D., Superintendent of Schools Al Orndorff, Assistant Superintendent.for Administration Charles Puglisi, Director of Transportation 540-662-3889 Ext 112 1415 Amherst Street, Post Office Box 3508, Winchester, VA 22604-2546 FAX 540-662-3890 Ll • Frederick County, Virginia Master Development Plan Application Package Request for Master Development Plan Comments Frederick -Winchester Service Authority Mail to: Frederick -Winchester Service Auth. Attn: Sanitation Engineer 107 N. Kent St. Winchester, VA 22601 (540) 722-3579 Hand deliver to: 1 st Floor 107 N. Kent Street Winchester, VA (540) 722-3579 Please fill out the information as accurately as possible in order to assist the agency with their review. Please attach one (1) copy of the MDP with this sheet. Applicant's Name: Address: Phone Number: Patton Harris Rust & Associates 117 E. Piccadilly Street, Suite 200 Winchester, Virginia 22601 (540) 667-2139 Name of development and/or description of the request: Location of Property: Kernstown Area — East and adiacent to Interstate 81 where VA Route 37 terminates Frederick-Winchestgr Service Authority Comments: Winchester Service Authority use only Date received Date reviewed Signature and Date Review Number: 12 3 4 5 (Please circle one) Date approved; , r - Revision required 21 • Frederick -Winchester Service Authority Post Office Box 43 Winchester, Virginia 22604 Office: 107 North Kent Street County Office Complex Winchester, Virginia 22601 1-540-722-3579 December 6, 2005 Patton Harris Rust & Associates 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Dear Sirs: SUBJECT: MASTER DEVELOPMENT PLAN APPLICATION PACKAGE FOR CROSSPOINTE CENTER I would like to make one general comment with regards to this project; that is that the staff and applicant should be aware that, with nutrient restrictions placed on Frederick -Winchester Service Authority facilities, there will be future limited capacity. In the case of the Parkins Mills Wastewater Treatment Facility, presently under an expansion mode to expand from 2 to 5 MGD, future capacity will be available. However, there will, at • some point, be a limit reached that may be outside of the completion span of this project. �ficerely, Jesse W. Moffett Executive Director Frederick -Winchester Service Authority JWM:ncg • step � 'MalNtaitiimg and Prorpotirlg tAc VaEaas of tAe Coxrruulity tliroagli BNvirohrgamtae Stewardship' 1974 CROSSPOINTE CENTER SIGN SPECIFICATIONS I. COMMERCIAL SIGNAGE Commercial signage shall be designed in a manner that is harmonious with both the commercial and residential development at Crosspointe Center. In an effort to relate to the surrounding development, signs shall incorporate the following features: Freestanding commercial signage (excluding Interstate Overlay Signs) shall utilize monument style design wherein the entire base of the sign is affixed to the ground as depicted in ExhihitA. Masonry materials such as brick or stone shall be incorporated into sign structures. These materials will relate to commercial buildings constructed at Crosspointe Center. Architectural details shall be incorporated into commercial signs that allow them to relate to surrounding structures in a cohesive manner. II. RESIDENTIAL SIGNAGE Residential signage including any entrance signs shall be constructed using materials that relate to the residential land bays at Crosspointe Center. All street signs shall meet public street sign specifications. COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC MEETING March 23, 2007 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNERS(S) RE: MASTER DEVELOPMENT PLAN #17-06 OF CROSSPOINTE CENTER On behalf of the Frederick County Planning Commission, you are hereby notified of a public meeting being held on April 4, 2007, at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia. This meeting is to consider Master Development Plan 917-06 for Crosspointe Center, submitted by Patton, Harris, Rust & Associates, to develop 547.37 acres for up to 1,578 single family homes at Phase III build -out, and, commercial uses. The properties are located in the Kernstown Area — east and adjacent to Interstate 81 where VA Route 37 terminates in the Shawnee Magisterial District, and are identified by Property Identification Numbers 75-A-89, 75-A-89A, 75-A-90, 75-A-91, 75-A-92, 75-A- 94, 75-A-95 and 75-A-96. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia: Information regarding this application will also be available via the Planning Department's Web Page at www.co.frederick.va.us. Sincerely, Q Candice E. Perkins Planner II CEP/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 ft)JDP Gross eo' A.- COUNTY of FREDERICK Department of Planning & Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 75 - I- - A- � SANITATION AUTH FREBERICK r.OUNTI 3 / 6- -64� K wiNCHESTER,VA 22M 016H26508243 $00.390 03/2312007 Mailed From 22601 US POSTAGE MAR 2 8 2007 NIXIE 20:1 1 Oe 03 /25-/07 RETURN TO SENDER NO SUCH NUMBER UNABLE TO FORWARD SC: 22601503907 3017 05 7 09 2:3 09 Patton Harris Rust & Asso*s, pc Engineers, Surveyors, Planners, Landscape Architects 117 East Piccadilly Street, Suite 200 R+A Winchester, Virginia 22601 T 540.667.2139 PH F 540.665.0493 To: Organization/Company: Address: Telephone Number: Date: From: Project Name/Subject: Via: Eric Lawrence Frederick County Planning 107 N. Kent Street Winchester. VA 22601 December 22, 2006 Tom Price Crossi)ointe 0 D EC 2 2 2006 Transmittal Internal Project File #: Quantity File # Date Description Transmitted ❑ Herewith 1 Master Development Plan Application ❑ Under separate cover 69 Master Development Plan Material Application Fee in the amount of ❑ Originals 1 $59,437.00 ❑ Photocopies ❑ Diskette ❑ Shop Drawings ❑ Mylar ❑ Ozalid Prints ❑ Invoice ❑ Sepia Purpose ❑ Your Use ❑ Your Files Notes: N Approval ❑ Please Return: Corrected Prints ❑ Please Submit: Revised Prints Received by: Date: Document Approval Form PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TIME OF YOUR APPROVAL. IF THIS DOCUMENT DOES NOT MEET YOUR APPROVAL PLEASE PROVIDE COMMENTS AS TO WHAT YOU WOULD LIKE TO HAVE COMPLETED. INITIALS DATE & TIME Candice Bernie Mark Susan Eric Mike 2 Z 3.e Kevin John Lauren COMMENTS: Received by Clerical Staff (Date & Time): U:\Pam\Common\Document Approval Form.wpd Crosspointe MDP Application Adjoining Property Owners Tp * BARBARA-DA FRpM � BEV - A PRoCEssING Pla Please print Ting Dept —� sets of labels by Y Tax ID # Name Address Zoning Use 63-A 116 John C. Russel Jr. & Frances L 285 Caldwell Lane, Winchester, VA 22602 RA Agricultural 75-A 93 Paul M. Haldeman, Jr. Trust CO First Bank — Trust Division 1835 ValleyAvenue, Winchester, VA 22601 RA Agricultural 64-A 24 Paul K Haldeman, Jr. Trust C/O First Bank — Trust Division 1835 Valley Avenue, Winchester, VA 22601 RA Agricultural 76-A 13 W. F. Jr. Artrip 1726 Front Royal Pike, Winchester, VA 22602 RA ricultural 75-A 99A Winchester Artri, LLC CO The Tower Companies 11501 Huff Court, N. Bethesda, MD 20895 RA Vacant 75-A 97 Steve Dubrueler 346 Saddleback Lane, Wmchester, VA 22602 RA Vacant 75G-54B-136A N/A N/A RP Vacant 75G-54B-135A N/A N/A RP Vacant 75G-7-6-165A N/A N/A RP Open Space 75G7-6-173A N/A N/A RP Open Space 75G7-6-193A N/A N/A RP Open Space 75G-6-5-189A N/A N/A RP Open Space 75-A 84 Coreen M Dailey 244 Picket Lane, Stephens City, VA 22655 RA Residential 75-A 88 Andy G Come o-Rivera & Silvia V. Guilleu 266 Picket Lane, Stephens City, VA 22655 RA Residential 75-4-1 Brubaker Enterprises, Ltd. PR 3407 Cedar Creek Grade, Winchester, VA 22602 B2 Commercial 63-2-A Shenandoah Gas Company N/A RA Ind. Office 63-2-B Hamman Investment Co., Inc. 931 Pinto Circle, Nohomis, FL 34275 Ml Commercial 75G44B-63 Patricia Beardslee 125 Belle Haven Circle, Stephens City, VA 22655 RP Vacant 75G-44B-62 John &Melissa Corder, CO VA Credit Union 123 Belle Haven Circle, Stephens City, VA 22655 RP Vacant 75G44B-60 Rodne & Suzanne Torp 102 jade Court, Stephens City, VA 22655 RP Residential 75G-44B-59 Daniel & Nina Dunleavy 105 Jade Court, Stephens City, VA 22655 RP Residential 75-A 87A Ross &Patricia Halbersma 176 Picket Lane RA Residential 75-1-A Frederick County Sanitation Authority 107 N. Kent Street, Winchester, VA 22601 B2 Office i 9 N W P E 0 DEPT. OF GEOGRAT'HIC INFORMATION SYSTEMS FREDERICK COUNTY, VIRGINIA GIS, MAPPING, GRAPE ICS", •WORK REQUEST DATE RECEIVED: /21as I (D � REQUESTED COMPLETION DATE: REQUESTING AGENT: It� Department, Agency, or Company: '0 Mailing and/or Billing Address: Telephone: E-mail Address: ESTIMATED COST OF PROJECT: FAX: DESCRIPTION OF REQUEST: (Write addi'donaLinfonnation on back of request) �710P -• 1'7-0(� Cro SS�d►n�e ter- `� 70i9JN 1 s: 7s A-n- w7,4) Qdj 9694 9Yi om 7 b-'Kd?6 DIGITAL: PAPER: FAX: E-MAIL: SIZES: COLOR:. BLACKJWHITE'. NUNfBER OF COPIES: STAFF MEMBER . HOURS REQUIRED: COMPLETION DATE: MATERIALS: DATE OF PICK-UP/DELIVERY: AMOUNT DUE: AMOUNT BILLED: METHOD OF PAYMENT: AMOUNT PAID: CHECK NO.# Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-5651)