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HomeMy WebLinkAbout01-09 Silver Lake LLC Commercial Retail-Office - Gainesboro - BackfilePlease note: The Subdivision/MDP plans associated vvith this file are located in the file room. MASTER DEVELOPMENT PLAN TRACKING SHEET (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 any marked copies of the plan: VDOTy' County Engineer (�- Fire Marshall City of Winchester ✓'"� Sanitation Authority GIS L-,"-- Inspections Dept. L— Parks & Recreation Health Dept. Winchester Regional Airport One copy of the master development plan application. Appropriate number of plans, colored maps, etc., to cover PC & BOS meetings Submission Fee )'?I Application received oa /oeq Fee Paid ($01 1'7/ o Preliminary MDP heard by Planning Commission ACTION: Preliminary MDP heard by Board of Supervisors ACTION: �- Letter to applicant regarding Board action (if required) Final MDP submitted with review agency, PC & BOS comments addressed c� Administratively approved; letter sent to applicant, copy. to file and cc's Sys ID # OPEN FILE: �v O File opened �8 Reference Manual updated/number assigned 1p S © D-base updated O List of adjoiners given to staff member for verification A— d 0 Location maps requested from Mapping Application Action Summary updated CLOSE FILE: D Approval (or denial) letter mailed to applicant, copy for file, cc's Public Works and Real Estate .File stamped "approved", "denied" or "withdrawn" Reference Manual updated D-base updated JtR Application Action Summary updated 0 m LD N N q o (5 O N O U Ohl'n DATE �sl �9 NO. 1145 RECEIVED FROM s;�aP-ej- La Ve . L{. .- ADDRESS 1.47 J\ 1 elrtl! CY0-t4i L, " 01P,.rh4,S" Y�;11t�4 � JFOR RENT OFOR A mf?p- 4pvziz�, 1 • • AMT. OF CASH ACCOUNT AMT. PAID CHECK BALANCE MONEY DUE ORDER BY b Lk-)Q1 � k f ' m 0 EDD cr cr LL DATE - RECEIVED FROM S-�-lli;f ADDRESS ,.. -- ❑FOR RENT ❑FOR ___ • �i AMT. OF CASH ACCOUNT AMT. PAID -J-� CHECK BALANCE MONEY DUE ORDER No. DOLLARS $ ___ ` �, ,r M, BY -�* C ERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: MASTER DEVELOPMENT PLAN #01-09 FOR SILVER LAKE, LLC Final Master Development Plan Approval Property Identification Numbers (PINS): 52--A-C, 52-A-50, 52-A-50A, 52-A-52, 53-A-63 Dear Evan: Frederick County administratively approved the above -referenced final master development plan on August 17, 2009. This master development plan is approved for the potential development of 238.96 acres of land zoned B2 (General Business) District and 131.06 acres of land zoned MS (Medical Support) District, with Commercial and Continuing Care Retirement Community (CCRC) Uses within the Gainesboro Magisterial District. The CCRC use will consist of 898 residential units (density of 7.99 units per acre) to be developed in two phases. The residential units will consist of a mix of independent care units, assisted care units and skilled nursing care units. The CCRC will also contain ancillary services and facilities which will be identified during the site plan phase. The properties which would comprise this development are located on the north side of Northwestern Pike (Route 50), west of Retail Boulevard and east of Poorhouse Road (Route 654). The Frederick County Board of Supervisors granted staff administrative approval authority on July 22, 2009. All requirements of the Frederick County Zoning and Subdivision Ordinance have been addressed in the plan. Please note that approval of a site plan is required prior to the subdivision or development of this parcel. I am providing you with seven (7) 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: Gary Dove, Gainesboro District Supervisor Charles Triplett and George Kriz, Gainesboro District Planning Commissioners Jane Anderson, Real Estate Patrick Barker, EDC Commissioner of Revenue Public Works Silver Lake LLC, 13 South Loudoun Street, Winchester, VA 22601 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 MASTER DEVELOPMENT PLAN #01-09 SILVER LAKE LLC Staff Report for the Board of Supervisors Prepared: July 13, 2009 Staff Contact: Candice E. Perkins, AICP, Senior Planner Reviewed Action Planning Commission: 07/01/09 Recommended Approval Board of Supervisors: 07/22/09 Pending PROPOSAL: To develop 238.96 acres of land zoned B2 (General Business) District and 131.06 acres of land zoned MS (Medical Support) District, with Commercial and Continuing Care Retirement Community (CCRC) Uses. The CCRC use will consist of 898 residential units (density of 7.99 units per acre) to be developed in two phases. The residential units will consist of a mix of independent care units, assisted care units and skilled nursing care units. The CCRC will also contain ancillary services and facilities which will be identified during the site plan phase. LOCATION: The subject properties are located on the north side of Northwestern Pike (Route 50), west of Retail Boulevard and east of Poorhouse Road (Route 654). STAFF CONCLUSIONS FOR THE 07/22/09 BOARD OF SUPERVISORS MEETING: The Master Development Plan for the Silver Lakes LLC property depicts appropriate land uses and appears to be consistent with the requirements of Article XVII, Master Development Plan, of the Zoning Ordinance and this MDP is in a form that is administratively approvable. The MDP is also in conformance with the proffers for Rezoning #01-09. All of the issues brought forth by the Board of Supervisors should be appropriately addressed by the applicant. It appears that the application meets all requirements. Following the presentation of the application to the Board of Supervisors, and the incofporation of your comments, staff is prepared to proceed to approval of the application. MDP 401-09, Silver Lake A, • July 13, 2009 Page 2 This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist in the review of this application. It may also be useful to others interested in this zoning matter: LOCATION: The subject properties are located on the north side of Northwestern Pike (Route 50), west of Retail Boulevard and east of Poorhouse Road (Route 654). MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBERS: 52-A-C, 52-A-50, 52-A-50A, 52-A-52 and 53-A-63 PROPERTY ZONING & PRESENT USE: Zoned: 238.96 zoned B2 (Business General) District and 131.06 zoned MS (Medical Support) District Use: Residential, Vacant, Agricultural ZONING & PRESENT USE OF ADJOINING PROPERTIES: North: RA (Rural Areas) Use: Agricultural South: RA (Rural Areas) Use: Residential/Vacant B2 (Business General) Commercial East: B2 (Business General) Use: Commercial West: RA (Rural Areas) Use: Residential/Agricultural PROPOSAL: To develop 238.96 acres of land zoned B2 (General Business) District and 131.06 acres of land zoned MS (Medical Support) District, with Commercial and Continuing Care Retirement Community (CCRC) Uses. The CCRC use will consist of 898 residential units (density of 7.99 units per acre) to be developed in two phases. The residential units will consist of a mix of independent care units, assisted care units and skilled nursing care units. The CCRC will also contain ancillary services and facilities which will be identified during the site plan phase. REVIEW EVALUATIONS: Virl4inia Department of Transportation: The Master Development Plan for this property appears to have significant measurable impact on Route 50, the VDOT facility which would provide access to the property. This office has reviewed the Silver Lake LLC Master Development Plan and feels it is acceptable. VDOT would like to see the street names used in the Proffer Statement changed to reflect MDP #01-09, Silver Lake A • July 13, 2009 Page 3 the MDP street naives. 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 continent 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. Frederick County Fire Marshal: Plan approval recommended. Frederick County Public Works: The master development plan for Silver Lake LLC dated May 19, 2009 has adequately addressed our review comments discussed in a meeting held in our office on May 19, 2009. Therefore, we grant our approval and reserve the right to perform a detailed review of future site and/or subdivision plans related to the approved master development plan. Frederick County Inspections Department: No comment required at this time. Shall comment on site plan reviews. Note: permits and asbestos inspection required prior to the demolition of any structures. Frederick County -Winchester Health Department: No Comment. Frederick County Sanitation Authority: Approved as noted. GIS Department: The following road names have been approved and added into the Frederick County Road Naming and Structure Numbering system: Storefront PI., Trader Dr., Lutheran Home Blvd., Corporate Pl., Clocktower Ridge Dr., Monument Dr., Countrymen Dr., Guidhall Way, Allegiance Dr., Procession Way, Reverence Sq., Advowson Pl., Borough Ter., Hamlet Cir., Prominance Cir. The following road names are denied use because of conflict, either by spelling or by phonetics, with road names already in the Frederick County Road Naming and Structure Numbering System: Lupton Pl. Lutheran Home Blvd. must intersect with Monument Dr. Road names can only change at intersections. Future Petticoat Gap Ln. will also intersect with Monument Dr. Pending a written approval from the property owners, GIS will continue the name Lutheran Home Blvd. and replace future Petticoat Gap Ln. Clocktower Ridge Dr. will intersect with Procession Way. Procession Way will intersect with Reverence Sq. Reverence Sq. will start at Prominance and its terminus will be a dead end. Parks and Recreation Department: No comment. Planning & ZoninIz: 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. MDP #01-09, Silver Lake A • July 13, 2009 Page 4 B) Location The subject properties are located on the north side of Northwestern Pike (Route 50), west of Retail Boulevard and east of Poorhouse Road (Route 654). C) Site History This site was included in the 2006 update to the Round Hill Land Use Plan which expanded the Sewer and Water Service Area to include these and other properties and provided for an improved land use plan for the Round Hill Community. This was approved by the Board of Supervisors on November 2007. On April 22, 2009 the Board of Supervisors approved Rezoning Application #01-09 which rezoned the subject properties to the B2 and MS Districts. D) Site Suitability & Proiect Scope Comprehensive Policy Plan: The Frederick County Comprehensive Policy Plan is an official public document that serves as the cormnunity'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 2007 Comprehensive Policy Plan and the Round Hill Land Use Plan provide guidance on the future development of the property. The property is located within the SWSA. The proposed commercial and medical support land uses are supported by the Comprehensive Plan. Transportation: The Round Hill Land Use Plan recommends regional transportation improvements along the Northwestern Pike corridor, as well as on the north side of this corridor that traverse the subject site. The Round Hill Land Use Plan recommends travel lane and signalization needs associated with development in the study area. The rezoning application for the project addressed these improvements through four phases of development as outlined in Proffer D for Rezoning #01-09. The Round Hill Land Use Plan also recognizes the need to ultimately extend the internal road network to provide for a connection to Poorhouse Road. The rezoning for this development recognized this connection by providing for two alternate locations for this road connection internal to the Silver Lake property. The MDP for the development shows both of these alternative locations. The MDP also depicts the location of the proffered ten foot bike and pedestrian facility that runs throughout the entire project. Site Access: The MDP shows the location of the internal road systems serving this project. Lutheran Home Boulevard serves as the property's major collector road, intersecting with Route 50, and connecting to the existing road system to the rear of the development containing Wal-Mart. Trader Drive (formerly Silver Lake Drive) provides an additional connection to Route 50, MDP #01-09, Silver Lake L� • July 13, 2009 Page 5 intersects with Lutheran Home Boulevard and ultimately may provide a connection with Poorhouse Road (Poorhouse connection — Option 1). Corporate Place provides access to the western commercial portion of the property and may also provide a connection with Poorhouse Road (Poorhouse connection — Option 2). The CCRC portion of the development is proposed to be served by a network of private streets as depicted on the MDP. Buffers and Screening. Areas of mature woodlands are proffered (Proffer B3) to be preserved in those areas where buffers would be required; this pertains to both zoning district buffers and road efficiency buffers. The preserved woodland areas are depicted on the MDP as a continuous hatched area. Upon development of the project, supplemental plantings may be required by the Planning Department along these preserved areas if necessary. A linear area of passive open space that contains environmental features has been provided central to the project; this open space will contain a trail system as shown on the MDP. A 50 foot landscaped buffer area has also been provided along Route 50; this buffer consists of street trees and ornamental shrubs. Landscaping in the form of street trees has been provided along Lutheran Home Boulevard and Trader Drive throughout the limits of the B2 portions of the property. Additional evergreen landscaping is to be provided adjacent to required buffer areas adjacent to residentially used RA land. Proffer Statement: See attached proffers dated November 25, 2008; revised March 2, 2009; revised March 30, 2009. STAFF CONCLUSIONS FOR THE 07/01/09 PLANNING COMMISSION MEETING: The Master Development Plan for the Silver Lakes LLC property depicts appropriate land uses and appears to be consistent with the requirements of Article XVII, Master Development Plan, of the Zoning Ordinance and this MDP is in a form that is administratively approvable. The MDP is also in conformance with the proffers for Rezoning #01-09. All of the issues brought forth by the Planning Commission should be appropriately addressed prior to a recommendation to the Board of Supervisors. PLANNING COMMISSION SUMMARY AND ACTION OF THE 07/01/09 MEETING: The applicant's representative spoke about the allowance of easements around the perimeter of the property and along the frontage of the B2 portion for the extension of utilities to adjoining properties. He noted the applicant will submit a descriptive narrative of the easements to the Board of Supervisors along with the MDP. No issues or concerns were raised by the Planning Commission. The Planning Commission unanimously recommended approval of the MDP. (Note: Commissioners Madagan, Ruckman, Kerr, and Unger were absent from the meeting.) MDP #01-09, Silver Lake L July 13, 2009 Page 6 STAFF CONCLUSIONS FOR TI3E 07/22/2009 BOARD OF SUPERVISORS MEETING: The Master Development Plan for the Silver Lakes LLC property depicts appropriate land uses and appears to be consistent with the requirements of Article XVII, Master Development Plan, of the Zoning Ordinance and this MDP is in a form that is administratively approvable. The MDP is also in conformance with the proffers for Rezoning #01-09. All of the issues brought forth by the Board of Supervisors should be appropriately addressed by the applicant. It appears that the application meets all requirements. Following presentation of the application to the Planning Commission and the Board of Supervisors, and the incorporation of your comments, staff is prepared to proceed to approval of the application. Silver Lake, LLC MPD # 01 - 09 CURRENT ZONING (OD PIN:52-A-C; 52-A-50; 52-A-50A; 52-A-52; 52-A-63 *"+f Future Rt37 Bypass OApplication ��• Urban Dndupmcnt Arca _ \o SWSA Case Planner: CPerkins Zoning M2 (Industrial, General District) BI (Business, Neighborhood Distria) - MHI (Mobile Hume Community District) B2 (Business, General Distrist) 410 MS (Medical Support District) - 83 (Business, Industrial Transition District) 4W RJ (Residential Planned Community District) - EM (Esiractise Manufacturing District) - RS (Residential Recreational Community District) - HE (Higher Education District) RA (Rural Area District) - MI (industrial, Light District) RP (Residential Performance District) 0 300 600 1,200 Feet N V-" Map Document- {F.\_11-ocator_Mps120091MDP0109_SilverLakeLLC_060809.mxd) 6/812009 -- 1066.17 AM AMENDMENT Action: PLANNING COMMISSION: March 18, 2009 - Recommended Approval BOARD OF SUPERVISORS: April 22, 2009 ❑ APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #01-09 OF SILVER LAKE, LLC WHEREAS, Rezoning #01-09 of Silver Lake, submitted by Greenway Engineering, to rezone 238.96 acres from RA (Rural Areas) District to B2 (General Business) District, and 131.06 acres from RA District to MS (Medical Support) District, with proffers, for Commercial and Continuing Care Retirement Community (CCRC) Uses was considered. The properties are located on the north side of Northwestern Pike (Route 50 West), west of Retail Boulevard and east of Poor House Road (Route 654), in the Gainesboro Magisterial District, and are identified by Property Identification Nlunbers 52-A-C, 52-A-50, 52-A-50A, 52-A-52 and 52-A-63. WHEREAS, the Planning Commission held a public hearing on this rezoning on March 18, 2009; and WHEREAS, the Board of Supervisors. held a public hearing on this rezoning on April 22, 2009; 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 rezone 238.96 acres from RA (Rural Areas) District to B2 (General Business) District and 131.06 acres from RA District to MS (Medical Support) District, with proffers for Commercial and Continuing Care Retirement Community (CCRC) Uses. The conditions voluntarily proffered in writing by the applicant and the property owner are attached. PDRES# 14-09 This ordinance shall be in effect on the date of adoption. Passed this 22nd day of April, 2009 by the following recorded vote: Richard C. Shickle, Chairman Aye Gary W. Dove Gene E. Fisher Philip A. Lemieux PDRES# 14-09 Gary A. Lofton Aye Aye Bill M. Ewing Aye Aye Charles S. DeHaven, Jr. Aye Aye A COPY ATTEST John il , Jr. FredelIck County Administrator L� This ordinance shall be in effect on the date of adoption. Passed this 22nd day of April, 2009 by the following recorded vote: Richard C. Shickle, Chairman Aye Gary A. Lofton Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Philip A. Lemieux Aye A COPY ATTEST John ' . I�il , Jr. Frede jack County Administrator PDRES414-09 (6 ,o Greenway Engineering November 25, 2008; Revised January 6, 2009; Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; March 13, 2009; March 30, 2009 SILVER LAKE, LLC APR S 2009 PROFFER STATEMENT REZONING: RZ #01-09 Rural Areas District (RA) to Business General District (132) and MS Medical Support District (MS) PROPERTY: 370.02± acres; Tax Parcels #52-((A))-C, 52-((A))-50, 52-((A))-50A, 52-((A))-52, and 52-((A))-63 (here -in after the "Property") RECORD OWNER: Silver Lake, LLC, James R. Wilkins, III, Manager APPLICANT: Silver Lake, LLC (here -in after the "Applicant") PROJECT NAME: Round Hill Conunercial Center & The Village at Orchard Ridge — A National Lutheran Home Community ORIGINAL DATE OF PROFFERS: November 25, 2008 REVISION DATE: March 30, 2009 Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #01-09 for the rezoning of 370.02±-acres from the Rural Areas (RA) District to establish 238.96± acres of B-2, Business General District (Tax Map Parcels 52-((A))-C, 52-((A))- 50A, 52-((A))-52, 52-((A))-63) and 131.06±-acres of MS, Medical Support District (Tax Map Parcel 52-((A))-50), development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this Applicant and their legal successors, heirs, or assigns. The Property, more particularly described as the lands owned by Silver Lake LLC, being all of Tax Map Parcels 52-((A))-C, 52-((A))-50, 52-((A))-50A, 52-((A))-52, 52-((A))-63, and further described by Property Deeds including Instrument Number 090001536, Deed Book 872 Page 318 and Deed Book 927 Page 1591. (Please refer to Rezoning Application Deed Information). File #4928S/Silver Lake LLC Rezoning • 0 Cneenway Engineering November 25, 2008; Revised January 6, 2009; Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; March 13, 2009; March 30, 2009 PROFFER STATEMENT A. Generalized Development Plan 1. The Applicant hereby proffers to submit a Generalized Development Plan (the "GDP") for the Property. The purpose of the GDP is to identify the general location of the B-2, Business General District and MS, Medical Support District areas, the general location of the proposed future Fire and Rescue Station area, the general location of the proposed future passive open space area, the general location of the 50-foot green strip enhancement area, the general location of the 10-foot asphalt trail system, and the general location of the phased transportation improvements areas within and adjacent to the Property. 2. The Applicant hereby proffers to develop the Property in substantial conformity with the proffered GDP, prepared by Greenway Engineering dated March 30, 2009. The GDP is recognized to be a conceptual plan and may be adjusted by the Applicant to accommodate final design and engineering constraints without the need of new conditional rezoning approval by the Frederick County Board of Supervisors, provided that the adjustments do not eliminate or substantially relocate the areas described in Section Al of this proffer statement. B. MS, Medical Support District Area 1. The Applicant hereby proffers to develop, or cause for the development of a Continuing Care Retirement Community (the "CCRC") on the portion of the Property proposed to be zoned MS, Medical Support District, and to exclude all other MS, Medical Support District land uses not expressly permitted within Section 165-97B(7) of the Frederick County Zoning Ordinance. 2. The Applicant hereby proffers to limit the maximum residential density within the CCRC to eight units per acre. The maximum residential density total shall include all independent living units, assisted care living units, and skilled nursing care units. The location and totals for the residential units specified in this section shall be provided on the Master Development Plan for the Property. 3. Where buffer areas are required and mature woodlands are in place, the Applicant will request approval of the use of these woodland features to satisfy the buffer requirement during the consideration of the Master Development Plan. 4. The Applicant proffers to provide initial access to the CCRC via Spinning Wheel Lane as described in Section D(2)(f) of the proffer statement, and further proffers to provide a maximum of two commercial entrances on Spinning Wheel Lane to provide access to the CCRC. File #4928S/Silver Lake LLC Rezoning Greenway Engineering November 25, 2008 Revised January 6, 2009; . Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; March 13, 2009; March 30, 2009 PROFFER STATEMENT A. Generalized Development Plan The Applicant hereby proffers to submit a Generalized Development Plan (the "GDP") for the Property. The purpose of the GDP is to identify the general location of the B-2, Business General District and MS, Medical Support District areas, the general location of the proposed future Fire and Rescue Station area, the general location of the proposed future passive open space area, the general location of the 50-foot green strip enhancement area, the general location of the 10-foot asphalt trail system, and the general location of the phased transportation improvements areas within and adjacent to.the Property. 2. The Applicant hereby proffers to develop the Property in substantial conformity with the proffered GDP, prepared by Greenway Engineering dated March 30, 2009. The GDP is recognized to be a conceptual plan and may be adjusted by the Applicant to accommodate final design and engineering constraints without the need of new conditional rezoning approval by the Frederick County Board of Supervisors, provided that the adjustments do not eliminate or substantially relocate the areas described in Section Al of this proffer statement. B. MS, Medical Support District Area 1. The Applicant hereby proffers, to develop, or cause for the development of a Continuing Care Retirement Community (the "CCRC") on the portion of the Property proposed to be zoned MS, Medical Support District, and to exclude all other MS, Medical Support District land uses not expressly permitted within Section 165-97B(7) of the Frederick County Zoning Ordinance. 2. The. Applicant hereby proffers: to limit the maximum residential density within the CCRC to eight units per acre. The maximum residential density total shall include all independent living units, assisted care living units, and skilled nursing care units. The location and totals for the residential units specified in this section shall be provided on the Master Development Plan for the Property. . 3. Where buffer areas are required and mature woodlands are in place, the Applicant will request approval of the use of these woodland features to satisfy the buffer requirement during the consideration of the Master Development Plan. 4. The Applicant proffers to provide initial access to the CCRC via Spinning Wheel Lane as described in Section D(2)(f) of the proffer statement, and further proffers to provide a maximum of two commercial entrances on Spinning Vheel Lane to provide access to the CCRC. File #4928S/Silver Lake LLC Rezoning Greenway Engineering November 25, 2008; Revised January 6, 2009; 3 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; March 13, 2009; March 30, 2009 C. B2, Business General District Area 1. The Applicant hereby proffers to prohibit the following land uses currently allowed within the B2 District: ➢ Truck Stops ➢ Golf Driving Ranges ➢ Outdoor Batting Cages ➢ Model Home Sales ➢ Self -Service Storage Facilities ➢ Adult Retail Establishments 2. The Applicant hereby proffers to prohibit individual full service commercial entrances to all allowed B2 District land uses that intersect Northwestern Pike (U.S. Route 50 West) and Poorhouse Road (Route 654); however, right -in or right -out only access to B2 District land uses that intersect Northwestern Pike shall be permitted if approved by VDOT and/or Frederick County. 3. The Applicant hereby proffers to establish a green strip along the Property frontage adjacent to the Northwestern Pike corridor that is 50 feet in width. Parking lots and access drives shall be prohibited within the 50-foot green strip, except for access drives permitted as described in Section C(2) above. The entire Property frontage of the 50-foot green strip shall be enhanced with street trees that are a minimum of 2-inch caliper at planting and spaced a maximum of 30 feet on center, ornamental shrubs that are a minimum three -gallon container at planting, as well as an asphalt bicycle and pedestrian facility that is 10 feet wide. The installation of the street trees, ornamental shrubs, and bicycle and pedestrian facility located within the 50-foot green strip shall be required as specified in Section C(8) of the proffer statement. 4. The Applicant hereby proffers to establish street tree plantings along both sides of Spinning Wheel Lane and Silver Lake Road throughout the limits of the B2 District property. All street trees shall be a minimum of two-inch caliper at time of planting and spaced a maximum 40 feet on center. The street trees shall be located between the back of curb and sidewalks and/or the asphalt bicycle and pedestrian facility. 5. The Applicant hereby proffers to establish a linear passive open space area in the general location identified on the proffered GDP, which will be enhanced with a 10-foot asphalt trail system between Spinning Wheel Lane and Northwestern Pike as specified in Section C(8) of the proffer statement. 6. The Applicant hereby proffers to provide for inter -parcel connectors between all adjoining commercial and office land uses. File #49285/Silver Lake LLC Rezoning Greenway Engineering November 25, 2008; Revised January 6, 2009; 4 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; March 13, 2009; March 30, 2009 7. The Applicant hereby proffers to include an additional row of evergreen trees within all required buffer and screening areas adjacent to land primarily used for residential purposes in the RA District in which accessory uses are proposed within the active portion of the buffer area. 8. The Applicant hereby proffers to design and construct, or cause for the construction of an asphalt bicycle and pedestrian facility that is ten -feet wide. This location of this facility is identified on the proffered GDP and will be located outside of public right-of-way limits. This facility will be developed as follows: ➢ The 10-foot asphalt trail located along the south side of the Phase 1 segment of Spinning Wheel Lane shall be developed during the construction of this road segment as specified in Section D(2)(f) of the proffer statement. ➢ The 10-foot asphalt trail located along the south side of the Phase 2 segment of Spinning Wheel Lane shall be developed during the construction of this road segment as specified in Section D(3)(e) of the proffer statement. ➢ The 10-foot asphalt trail located along the passive open space area shall be developed on or before the completion of the commercial development permitted under the Phase 1Transportation Program as specified in Section D(2)(a) of the proffer statement. ➢ The 10-foot asphalt trail located along the southern boundary of the Property identified as Area 1 on the GDP shall be developed during the construction of the Phase 1 segment of Spinning Wheel Lane as specified in Section D(2)(f) of the proffer statement. ➢ The 10-foot asphalt trail located along the southern boundary of the Property identified as Area 2 on the GDP shall be developed prior to the issuance of the occupancy permit issued for the first commercial building permit located in the land bay between Spinning Wheel Lane and Silver Lake Road. ➢ The 10-foot asphalt trail located along the southern boundary of the Property identified as Area 3 on the GDP shall be developed prior to the issuance of the occupancy permit issued for the first commercial building permit located in the land bay between Silver Lake Road and the eastern boundary of the Property. 9. The Applicant hereby proffers to establish an Architectural Review Board (ARB) for the purpose of reviewing structural elevations, site landscaping and signage for all commercial sites to ensure compatibility with the restrictive covenant documents for the B2 District property. The restrictive covenant documents shall be provided to Frederick County prior to the subdivision of land within the B2 District, or prior to the approval of any site development plan within the B2 District. The restrictive covenant documents shall include, but not be limited to, the following design elements: File #4928S/Silver Lake LLC Rezoning t Greenway Engineering November 25, 2008; Revised January 6, 2009; 4 Revised January 27, 2009; Revised February 16; 2009; Revised February 19, 2009; Revised March 2, 2009; March 13, 2009; March 30, 2009 7. The Applicant hereby proffers to include. an additional row of evergreen trees within all required buffer and screening areas adjacent to land primarily used for residential purposes in the RA District in which accessory uses are proposed within the active portion.of the buffer area. 8. The Applicant hereby proffers to design and construct, or cause for the construction of an asphalt bicycle and pedestrian facility that is ten -feet wide. This location of this facility is identified on the proffered GDP and will be located outside of public right-of-way limits. This facility will be developed as follows: ➢ The 10-foot asphalt trail located along the south side of. the •.Phase 1 segment of Spinning Wheel Lane shall be developed during the construction of this road segment as specified in Section D(2)(f) of the proffer statement. ➢ The 10-foot asphalt trail located along the south, side of the Phase 2 segment of Spinning Wheel Lane shall be .developed during the construction of this road segment as specified in Section D(3)(e) of the proffer statement. ➢ The 10-foot asphalt trail located along the passive open space area shall be developed on or before the completion of .the commercial development permitted under the Phase 1Transportation Program as specified in Section D(2)(a) of the proffer statement. ➢ The 10-foot asphalt trail located along the southern boundary of the Property identified as Area 1 on the GDP shall be developed during the construction of the Phase 1 segment of Spinning Wheel.Lane as specified in Section D(2)(f) of the proffer statement. ➢ The 10-foot asphalt trail. located along. the southern boundary of the Property identified as Area 2 on the GDP shall be developed prior to the issuance of the occupancy permit issued � for the first commercial building permit located in the land bay between Spinning Wheel Lane and Silver Lake Road. ➢ The 10-foot asphalt trail located along the southern boundary of the Property identified as Area 3 on the GDP shall be developed prior to the issuance of the occupancy permit issued for the first commercial building permit.located in the land bay between Silver Lake Road and the eastern boundary of the Property. 9. The Applicant hereby proffers to establish an Architectural Review Board (ARB) for the purpose of reviewing • structural elevations, site landscaping and signage for all commercial sites to ensure compatibility with the restrictive covenant documents, for the B2 District property. The restrictive covenant documents shall be provided to Frederick County prior. to the subdivision of land within the B2 District, or prior to the approval of any site development plan within the B2 District. The restrictive covenant documents shall include, but not be limited to, the following design elements: File #4928S/Silver Lake LLC Rezoning Greenway Engineering November 25, 2008; Revised January 6, 2009; 5 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; March 13, 2009; March 30, 2009 ➢ Building materials for all exterior walls and rooflines. ➢ Materials for all monument freestanding business signs. The materials for the base of all monument freestanding business signs shall be consistent throughout the B2 District. ➢ Screening of all loading areas from adjoining properties external to the B2 District. ➢ Screening of outdoor dumpster pad areas with building materials consistent with the primary structure. ➢ Common area maintenance agreements. D. Transportation Enhancements 1. The Applicant has submitted a Traffic Impact Analysis (TIA), prepared by Patton, Harris, Rust and Associates, dated November 25, 2008 for the 370.02± acre Property. The TIA identifies improvements to the regional transportation network to account for background undeveloped projects and the Applicant's proposal through four phases of development. The Applicant hereby proffers to design and construct, or cause for the construction of improvements to the regional transportation network as a phased development program that is described in this section of the proffer statement. Additionally, the phased development program is identified in illustrative form on the proffered GDP. It is recognized that the phased transportation improvements proffered herein will be constructed as described in this section; however, the exact location and limits of these improvements will be determined by VDOT and/or Frederick County during the approval of engineering design plans. It is further recognized that the location of the regional transportation network improvements identified in illustrative form on the proffered GDP are general in nature and may be relocated to accommodate VDOT engineering design plan approval without the need for conditional zoning amendment to the GDP or the proffer statement. 2. The Applicant hereby proffers the following Phase 1 Transportation Program: a. The Applicant shall be entitled to develop the CCRC and a maximum of 180,000 square feet of commercial land use within Phase 1. However, the Applicant can deviate from this land use mix assuming the total trip generation for site plans within this phase of the transportation program (based on the ITE 71h Edition Trip Generation Report) do not exceed the total trip generation specified in the November 25, 2008 Traffic Impact Analysis Report for Phase 1. It is recognized that the Applicant shall complete all Phase 1 transportation improvements prior to the approval of any Site Plan that exceeds 180,000 square feet of commercial land use or equivalent trip generation as .noted above on the B2 portion of the Property. File #49285/Silver Lake LLC Rezoning 0 0 Greenway Engineering November 25, 2008; Revised January 6, 2009; 6 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; March 13, 2009; March 30, 2009 b. The Applicant shall dedicate all right-of-way necessary for the Phase 1 improvements that will occur on the Property to VDOT or Frederick County. The Applicant will attempt to design all off -site improvements within public right-of-way; however, if necessary it is recognized that VDOT and/or Frederick County will assist the Applicant with right-of- way necessary to implement proffered off -site transportation improvements. The Applicant agrees to assume all costs associated with right-of-way acquisition if assistance from VDOT and/or Frederick County is required. c. The Applicant shall execute, or cause for the execution of a traffic signalization agreement with VDOT to fully fund new traffic signalization at the intersection of Northwestern Pike (U.S. Route 50) and Poor House Road (Route 654). The traffic signalization agreement shall be executed within six months of final non -appealable rezoning approval, or prior to approval of the first Site Plan for the property, whichever occurs first. d. The Applicant shall design and construct, or cause for the execution of a traffic signalization agreement with VDOT to fully fund new traffic signalization with pedestrian actualization at the intersection of Northwestern Pike (U.S. Route 50) and the relocated Spinning Wheel Lane. The traffic signalization agreement shall be executed within one year of final non -appealable rezoning approval, or prior to approval of the first Site Plan for the property, whichever occurs first. The Applicant shall reserve the right to preempt this agreement by initiating a signal warrant study and signal design plans in accordance with VDOT standards for approval to install traffic signalization at this intersection. e. The Applicant shall design and construct, or cause for the construction of improvements to the median crossing including a westbound right turn lane and left turn lane and an eastbound left turn lane on Northwestern Pike at the intersection of the relocated Spinning Wheel Lane. These improvements shall be completed prior to the issuance of the first occupancy permit for the land use utilizing Spinning Wheel Lane for access to Northwestern Pike. f. The Applicant shall design and construct, or cause for the construction of improvements to Spinning Wheel Lane within the Property to provide for a road section that is constructed to a 40 mph geometric design standard and provides right-of-way for a future roundabout at the intersection with Silver Lake Road, and left turn lanes and right turn lanes at all internal collector street intersections and at commercial entrances as required by VDOT. Additionally, the Applicant shall design and construct, or cause for the construction of separate right and left turn lanes on Spinning Wheel Lane at the intersection of Northwestern Pike. File #4928S/Silver Lake LLC Rezoning Greenway Engineering November 25, 2008; Revised January 6, 2009; 6 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; March,l3, 2009; March 30, 2009 b. The Applicant shall . dedicate all right-of-way necessary for the Phase 1 improvements that will occur. on the Property to VDOT or Frederick County. The Applicant will attempt to .design all off -site improvements within public right-of-way; however, if necessary it is recognized that VDOT and/or Frederick` County will assist the Applicant with right-of- way necessary to implement proffered off -site transportation improvements. The Applicant agrees to assume all costs associated with right-of-way acquisition if assistance from ,VDOT and/or Frederick County is required. c. The Applicant shall execute, or cause for the execution of a traffic signalization agreement with VDOT to fully fund new traffic signalization at the intersection of Northwestern Pike (U.S. Route 50) and Poor House Road (Route 654). The traffic signalization. agreement shall be .executed within six months of final non -appealable rezoning, approval, or prior to approval of the first Site Plan for the property, whichever occurs first. d. The Applicant shall. design and construct, or cause for the execution of a traffic signalization agreement with VDOT to fully fund new. traffic signalization with pedestrian actualization at, the intersection of Northwestern Pike (U.S. Route ' 50) and the relocated Spinning Wheel Lane.. The traffic signalization agreement shall be executed within one year of final non -appealable rezoning approval, or.p4or to approval of the first Site Plan for the property, whichever occurs first.. The Applicant shall reserve the right to preempt this agreement by initiating a signal warrant study and signal design plans in accordance with VDOT standards for approval to install traffic signalization at this, intersection. e. The Applicant shall design and construct, or cause for the construction of improvements to the median crossing including a westbound right turn lane and left turn lane and an eastbound left turn lane on Northwestern Pike at the intersection of the relocated Spinning Wheel Lane. These improvements shall be completed prior to the issuance of the first occupancy permit for the land use utilizing Spinning Wheel Lane for access to Northwestern Pike. f. The Applicant shall design and construct, or cause for the construction of improvements to Spinning Wheel Lane within the Property to provide for a road section that is constructed to a 40 mph .geometric design standard and provides right-of-way for a future roundabout at the intersection with Silver Lake Road, and, left turn lanes and right turn lanes at all internal collector street intersections and at commercial entrances as required by VDOT. Additionally, the Applicant shall design and construct, or cause for the construction of separate right and left turn lanes on Spinning Wheel Lane at the intersection of Northwestern Pike. File #4928S/Silver Lake LLC Rezoning 10 Greenway Engineering November 25, 2008; Revised January 6, 2009; 7 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; March 13, 2009; March 30, 2009 Spinning Wheel Lane shall be developed as a four -lane divided urban road section between Northwestern Pike and the future roundabout, and as a two-lane road section between the future roundabout and the limits of Phase 1 with dedicated right-of-way to Frederick County to allow for a four -lane urban road section. The construction of the two-lane road section shall include a raised median section necessary to transition from the roundabout into the urban road section design. These improvements shall be completed prior to the issuance of the first occupancy permit for the land use utilizing Spinning Wheel Lane for access to Northwestern Pike. Furthermore, the Applicant agrees to design and construct, or cause for the construction of the four -lane urban section between the future roundabout and the limits of Phase 1 if this improvement is warranted based on future traffic counts as described in Section D(6). g. The Applicant shall design and construct, or cause for the construction of modifications to, or the elimination of the median crossing on Northwestern Pike identified as Median Crossing A on the proffered GDP. VDOT shall determine the requirements for modification, or elimination and shall advise the Applicant in writing of the requirements associated with this improvement. The Applicant shall complete these improvements in conjunction with construction activities associated with Spinning Wheel Lane as described in Section D(2)(f) of the proffer statement. h. The Applicant shall design and construct, or cause for the construction of improvements to the southbound off ramp at the Route 37 interchange with Northwestern Pike to provide for a free flow right turn lane onto Northwestern Pike. The Applicant shall complete the Route 37 interchange improvements described in this section prior to the approval of any Site Plan that exceeds 180,000 square feet of commercial land use or equivalent trip generations as described in Section D(2)(a) of the proffer statement on the B2 portion of the Property. In the event that VDOT and Frederick County determine that a monetary contribution for regional transportation improvements to the Route 37 corridor between the Northwestern Pike interchange and the North Frederick Pike interchange is desired, the Applicant agrees to provide a monetary contribution in lieu of the improvement described in Section 2(h). This monetary contribution shall be equivalent to the amount associated with the improvement described in that section based upon an engineering estimate agreed upon by VDOT, Frederick County and the Applicant that will be prepared on or before the build out of the Phase 1 transportation improvements. The Applicant agrees to provide this monetary contribution to Frederick County within 30 days of written request by the County, and further agrees to allow for this monetary contribution to be utilized as matching funds by Frederick County for qualifying transportation improvements programs or grants. File #49285/Silver Lake LLC Rezoning 0 0 Greenway Engineering November 25, 2008; Revised January 6, 2009; 8 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; March 13, 2009; March 30, 2009 3. The Applicant hereby proffers the following Phase 2 Transportation Program: a. The Applicant shall be entitled to develop the CCRC and a maximum of 350,000 square feet of commercial land use and 105,000 square feet of office land use within Phase 2 that is a cumulative total of Phase 1 — Phase 2. However, the Applicant can deviate from this land use mix assuming the total trip generation for site plans within this phase of the transportation program (based on the ITE 71h Edition Trip Generation Report) do not exceed the total trip generation specified in the November 25, 2008 Traffic Impact Analysis Report for Phase 2. It is recognized that the Applicant shall complete all Phase 2 transportation improvements prior to the approval of any Site Plan that exceeds 350,000 square feet of commercial land use and 105,000 square feet of office land use or equivalent trip generation as noted above on the B2 portion of the Property. b. The Applicant shall dedicate all right-of-way necessary for the Phase 2 improvements that will occur on the Property to VDOT or Frederick County. The Applicant will attempt to design all off -site improvements within public right-of-way; however, if necessary it is recognized that VDOT and/or Frederick County will assist the Applicant with right-of- way necessary to implement proffered off -site transportation improvements. The Applicant agrees to assume all costs associated with right-of-way acquisition if assistance from VDOT and/or Frederick County is required. c. The Applicant shall design and construct, or cause for the execution of a traffic signalization agreement with VDOT to fully fund new traffic signalization with pedestrian actualization at the intersection of Northwestern Pike (U.S. Route 50) and Silver Lake Road. The traffic signalization agreement shall be executed prior to the issuance of the first occupancy permit for the land use utilizing Silver Lake Road for access to Northwestern Pike. The Applicant shall provide additional funding necessary to provide for pre-emption control for this traffic signal if the County requests the land for the new fire and rescue facility provided in Section E(1) of the proffer statement. In the event the County does not request the land for the new fire and rescue facility, the additional funding for traffic signal pre-emption control shall be made available for pre- emption control for the traffic signal at the intersection of Northwestern Pike and Poor House Road that is described in Section D(2)(c) of the proffer statement. The Applicant shall reserve the right to preempt this agreement by initiating a signal warrant study and signal design plans in accordance with VDOT standards for approval to install traffic signalization at this intersection. File #49285/Silver Lake LLC Rezoning 1 Greenway Engineering November 25, 2008; Revised January 6, 2009; 8 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; March 13, 2009; March 30, 2009 3. The Applicant hereby proffers the following Phase 2 Transportation Program: a. The Applicant shall be entitled todevelop the CCRC and a maximum of 350,000 square feet of commercial land use and 105,000 square feet of office land use within Phase 2 that is a cumulative total of Phase 1 — Phase 2. However, the Applicant can deviate from this land use mix assuming the total trip generation - for site plans within this phase of the transportation program (based on the ITE 7 h Edition Trip Generation Report) "do not exceed the total trip generation specified in the November 25, 2008,Traffic Impact Analysis,Report for Phase 2. It is recognized that the Applicant: shall complete all Phase 2 transportation. improvements prior to the approval of any Site Plan that exceeds 350,000 square feet of commercial land use and 105,000 square feet of office land use or equivalent trip generation as noted above on the B2 portion of the Property: b. The. Applicant shall dedicate all. right-of-way necessary for the Phase 2 improvements that, will occur .on the Property to VDOT or Frederick County: The Applicant will attempt to design all .off -site improvements within public, right-of-way; however, if necessary it is recognized that VDOT and/or Frederick County will assist the Applicant with right-of- way necessary to implement proffered off -site transportation improvements. The Applicant agrees to assume all costs associated with right-of-way acquisition if assistance from VDOT and/or Frederick County is required. c. The Applicant shall design and construct, or cause for the execution of a traffic signalization agreement :with VDOT to fully fund new traffic signalization . with pedestrian actualization at the intersection of Northwestern Pike (U.S. Route 50) and Silver Lake Road. The traffic signalization agreement shall be executed prior to the issuance of the first occupancy permit for the land use utilizing Silver Lake Road for access to Northwestern Pike.. The .Applicant shall provide additional funding necessary to provide for pre-emption control for this traffic signal if the County requests the land for the new fire and rescue facility provided in Section E(1) of the proffer statement. In the event the County does not request the land for the new fire and rescue facility, the additional funding for traffic signal pre-emption control shall be made available for pre- emption control for the traffic signal at the intersection of Northwestern Pike and Poor House Road that is described in Section D(2)(c) of the proffer statement. The Applicant shall reserve the right to preempt this agreement by initiating a signal warrant study and signal design plans in accordance with VDOT standards for approval to install traffic signalization at this intersection. File #4928S/Silver Lake LLC Rezoning 1• fo Greenway Engineering November 25, 2008; Revised January 6, 2009; 9 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; March 13, 2009; March 30, 2009 d. The Applicant shall design and construct, or cause for the construction of improvements to Silver Lake Road to include a two-lane urban road section with a raised median to the first available commercial entrance that is constructed to a 40 mph geometric design standard and provides for the construction of the roundabout at the intersection with Spinning Wheel Lane, and left turn lanes and right turn lanes at all commercial entrances as required by VDOT. Additionally, the Applicant shall design and construct, or cause for the construction of a median crossing including a westbound right turn lane and left turn lane and an eastbound left turn lane on Northwestern Pike at the intersection of Silver Lake Road. These improvements shall be completed prior to the approval of any Site Plan that exceeds 350,000 square feet of commercial land use and 105,000 square feet of office land use or equivalent trip generation as described in Section D(3)(a) of the proffer statement on the B2 portion of the Property, with the exception of the median crossing and turn lane improvements on Northwestern Pike which shall be completed with the Silver Lake Road intersection improvements on Northwestern Pike. Additionally, the Applicant shall dedicate right-of-way to Frederick County to allow for a four -lane urban road section for Silver Lake Road, and further agrees to design and construct, or cause for the construction of the four -lane urban road section if this improvement is warranted based on future traffic counts as described in Section D(6). e. The Applicant shall design and construct, or cause for the construction of improvements to Spinning Wheel Lane to provide for a two-lane urban road section that is constructed to a 40 mph geometric design standard and provides for left turn lanes and right turn lanes at all internal collector street intersections and at commercial entrances as required by VDOT, which continues from the terminus of Spinning Wheel Lane constructed in Phase 1 to a connection at the intersection of Retail Boulevard. The Applicant shall complete these improvements prior to the approval of any Site Plan that exceeds 350,000 square feet of commercial land use and 105,000 square feet of office land use or equivalent trip generation as described in Section D(3)(a) of the proffer statement on the B2 portion of the Property. Additionally, the Applicant shall dedicate right-of-way to Frederick County to allow for a four -lane urban road section for Spinning Wheel Lane and further agrees to design and construct, or cause for the construction of the four -lane urban section if this improvement is warranted based on future traffic counts as described in Section D(6). f. The Applicant shall design and construct, or cause for the construction of modifications to, or the elimination of the median crossings on Northwestern Pike identified as Median Crossing B and Median Crossing C on the proffered GDP. VDOT shall determine the requirements for modification, or elimination and shall advise the Applicant in writing of File #4928S/Silver Lake LLC Rezoning 0 • Greenway Engineering November 25, 2008; Revised January 6, 2009; 10 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; March 13, 2009; March 30, 2009 the requirements associated with this improvement. The Applicant shall complete these improvements in conjunction with construction activities associated with Silver Lake Road as described in Section D(3)(d) of the proffer statement. g. The Applicant shall design and construct, or cause for the construction of improvements to the northbound off ramp at the Route 37 interchange with Northwestern Pike to provide for a second right turn. The Applicant shall complete the Route 37 interchange improvements described in this section prior to the approval of any Site Plan that exceeds 350,000 square feet of commercial land use and 105,000 square feet of office land use or equivalent trip generation as described in Section D(3)(a) of the proffer statement on the B2 portion of the Property. h. The Applicant shall design and construct, or cause for the construction of improvements at the Route 37 interchange with Northwestern Pike to provide for a third westbound thru lane on Northwestern Pike under the Route 37 bridge structure continuing east to the transition for the Route 37 northbound on -ramp, to include the relocation of the existing Route 37 northbound on -ramp. The Applicant shall complete the Route 37 interchange improvements described in this section prior to the approval of any Site Plan that exceeds 350,000 square feet of commercial land use and 105,000 square feet of office land use or equivalent trip generation as described in Section D(3)(a) of the proffer statement on the B2 portion of the Property. i. In the event that VDOT and Frederick County determine that a monetary contribution for regional transportation improvements to the Route 37 corridor between the Northwestern Pike interchange and the North Frederick Pike interchange is desired, the Applicant agrees to provide a monetary contribution in lieu of the improvements described in Section 3(g) and 3(h). This monetary contribution shall be equivalent to the amount associated with the improvement described in those sections based upon an engineering estimate agreed upon by VDOT, Frederick County and the Applicant that will be prepared on or before the build out of the Phase 2 transportation improvements. The Applicant agrees to provide this monetary contribution to Frederick County within 30 days of written request by the County, and further agrees to allow for this monetary contribution to be utilized as matching funds by Frederick County for qualifying transportation improvements programs or grants. In the event that regional transportation improvements to the Route 37 corridor between the Northwestern Pike interchange are constructed prior to the completion of the Phase 2 Transportation Program, the Applicant agrees to provide a monetary contribution equivalent to the amount associated with the improvement described in this section to be utilized File #4928S/Silver Lake LLC Rezoning .0 Greenway Engineering November 25, 2008; Revised January 6, 2009; 10 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; March 13, 2009; March 30, 2009 the requirements associated with this improvement. The Applicant shall complete these improvements m conjunction with construction activities associated with Silver Lake Road as described in'Section D(3)(d) of the proffer statement. g. The Applicant shall design and construct, or cause for the construction of improvements to the northbound off ramp at the Route 37 interchange with Northwestern Pike to provide for a second right turn. The Applicant shall complete the Route `37 interchange improvements described in this section prior to the approval of any Site Plan that exceeds 350,000 square feet of commercial land use and 105,000 square feet of office land use or equivalent trip generation as described in Section D(3)(a) of the proffer statement on'the B2 portion of the Property. h. The Applicant shall design and construct, or cause for the construction of improvements at the Route 37 interchange with Northwestern Pike to provide for a third westbound thru lane on Northwestern Pike under the Route 37 bridge structure continuing east to the transition for the Route 37 northbound on -ramp, to include the relocation of the existing Route 37 northbound on -ramp. The Applicant shall complete the Route 37 interchange improvements described in this. section prior to the approval of any Site Plan that exceeds 350,000 square feet of commercial land use and 105,000 square feet of office land use or equivalent trip generation as described in Section D(3)(a) of the proffer statement on the B2 portion of the Property. i. In the event that VDOT and Frederick County determine that a monetary contribution for regional transportation improvements to the Route 37 corridor between the Northwestern Pike interchange and the North Frederick Pike interchange is desired, the Applicant agrees to provide a monetary contribution in lieu of the improvements described in Section 3(g) and 3(h). This monetary contribution shall be equivalent to the amount associated with the improvementdescribed in those sections based upon an engineering estimate agreed upon by VDOT, Frederick County and the Applicant that will be prepared on or before the build out of the Phase 2 transportation improvements. The -Applicant agrees to provide this monetary contribution to Frederick County within 30 days of written request by the County, and further agrees to allow for this monetary contribution to be utilized as matching funds by Frederick County for qualifying transportation improvements programs or grants. In the event that regional transportation improvements to the Route 37 corridor between the Northwestern Pike interchange are constructed prior to the completion of the Phase 2 Transportation Program, the Applicant agrees to provide a monetary contribution equivalent to the amount associated with the improvement described in this section to be utilized File #4928S/Silver Lake LLC Rezoning Greenway Engineering November 25, 2008; Revised January 6, 2009; 11 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; March 13, 2009; March 30, 2009 unconditionally by Frederick County for other transportation improvements. This monetary contribution shall be provided to Frederick County within 60 days of written request by the County. 4. The Applicant hereby proffers the following Phase 3 Transportation Program: a. The Applicant shall be entitled to develop the CCRC and a maximum of 490,000 square feet of commercial land use and 350,000 square feet of office land use within Phase 3 that is a cumulative total of Phase 1 — Phase 3. However, the Applicant can deviate from this land use mix assuming the total trip generation for site plans within this phase of the transportation program (based on the ITE 7th Edition Trip Generation Report) do not exceed the total trip generation specified in the November 25, 2008 Traffic Impact Analysis Report for Phase 3. It is recognized that the Applicant shall complete all Phase 3 transportation improvements prior to the approval of any Site Plan that exceeds 490,000 square feet of commercial land use and 350,000 square feet of office land use or equivalent trip generation as noted above on the B2 portion of the Property. b. The Applicant shall dedicate all right-of-way necessary for the Phase 3 improvements that will occur on the Property to VDOT or Frederick County. The Applicant will attempt to design all off -site improvements within public right-of-way; however, if necessary it is recognized that VDOT and/or Frederick County will assist the Applicant with right-of- way necessary to implement proffered off -site transportation improvements. The Applicant agrees to assume all costs associated with right-of-way acquisition if assistance from VDOT and/or Frederick County is required. c. The Applicant shall design and construct, or cause for the construction of improvements to Spinning Wheel Lane to provide for a second right turn lane on Spinning Wheel Lane at the intersection of Northwestern Pike. These improvements shall be completed prior to the approval of any Site Plan that exceeds 490,000 square feet of commercial land use and 350,000 square feet of office land use or equivalent trip generation as described in Section D(4)(a) of the proffer statement on the B2 portion of the Property. d. The Applicant shall design and construct, or cause for the construction of a two-lane urban road that is constructed to a 40 mph geometric design standard and provides for roundabout design at the intersection with Spinning Wheel Lane, and left turn lanes and right turn lanes at all commercial entrances as required by VDOT, which will provide for a comzection between Spinning Wheel Lane and Poor House Road (Route 654). The Applicant will coordinate with the owner of tax parcel 52- File #4928S/Silver Lake LLC Rezoning • 0 Greenway Engineering November 25, 2008; Revised January 6, 2009; 12 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; March 13, 2009; March 30, 2009 ((A))-47 to obtain right-of-way for this improvement as a first option for development of the two-lane urban road connection. In the event that the first option cannot be achieved, the Applicant shall design and construct, or cause for the construction of the two-lane urban road connection between Spinning Wheel Lane and Poor House Road on the Property. The general location of the two-lane road connection associated with both options will be provided on the proffered GDP; however, it is recognized that this location may shift without the need for conditional rezoning approval. The Applicant shall complete this improvement prior to the approval of any Site Plan that exceeds 490,000 square feet of commercial land use and 350,000 square feet of office land use or equivalent trip generation as described in Section 1)(4)(a) of the proffer statement on the B2 portion of the Property. 5. The Applicant hereby proffers the following Phase 4 Transportation Program: a. The Applicant shall be entitled to develop the CCRC and a maximum of 583,050 square feet of commercial land use and 494,600 square feet of office land use within Phase 4 that is a cumulative total of Phase 1 — Phase 4. However, the Applicant can deviate from this land use mix assuming the total trip generation for site plans within this phase of the transportation program (based on the ITE 71h Edition Trip Generation Report) do not exceed the total trip generation specified in the November 25, 2008 Traffic Impact Analysis Report for Phase 4. It is recognized that the Applicant shall complete all Phase 4 transportation improvements prior to the approval of any Site Plan that exceeds 530,000 square feet of commercial land use and 440,000 square feet of office land use or equivalent trip generation as noted above on the B2 portion of the Property. In the event that the Applicant would desire to develop commercial or office land uses that exceed the maximum square feet or total trip generation specified in this phase of the transportation program, a new traffic impact analysis report shall be prepared with each site plan to determine any additional transportation improvements required to mitigate the impacts created solely by that project, which will be implemented as a condition of site plan approval. b. The Applicant shall dedicate all right-of-way necessary for the Phase 4 improvements that will occur on the Property to VDOT or Frederick County. The Applicant will attempt to design all off -site improvements within public right-of-way; however, if necessary it is recognized that VDOT and/or Frederick County will assist the Applicant with right-of- way necessary to implement proffered off -site transportation improvements. The Applicant agrees to assume all costs associated with right-of-way acquisition if assistance from VDOT and/or Frederick County is required. File #49285/Silver Lake LLC Rezoning Greenway Engineering November 25, 2008; Revised January 6, 2009; 12 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; March 13, 2009; March 30, 2009 ((A))-47 to obtain right-of-way for this improvement, as a first option for development of the two-lane urban road connection. In the event that the first option cannot be achieved, the Applicant shall design and construct, or cause for the construction of the two-lane urban road connection between Spinning Wheel Lane and Poor House Road on the Property. The general location of the two-lane road comlection associated with both options will be provided on the proffered GDP; however, it is recognized that this location may shift without the need for conditional rezoning approval. The Applicant shall complete this improvement prior to the approval of any Site Plan that exceeds 490,000 square feet of commercial land use and 350,000 square feet of office land use or equivalent trip generation as described in Section DM(a) of the proffer statement on the B2 portion of the Property. 5. The Applicant hereby proffers the, following Phase 4 Transportation Program: a. The Applicant shall be entitled to develop the CCRC and a maximum of 583;050 square feet of commercial land use and 494,600 square feet of office land use within Phase 4 that is a cumulative total of Phase 1— Phase 4. However, the Applicant can deviate from this land use mix assuming the total trip generation for site plans within this phase of the transportation program (based on. the ITE , 7' Edition Trip _Generation Report) do not exceed the total trip generation specified in the November 25, 2008 Traffic Impact Analysis Report for Phase 4. It is recognized that the Applicant shall complete all Phase 4 transportation improvements prior to the approval of any Site Plan that exceeds 530,000 square feet of commercial land use and 440,000 square feet of office. land use or equivalent trip generation as noted above on the B2 portion of the Property. In the event that the Applicant would desire to develop commercial or office land uses that exceed the maximum square feet or total trip generation specified in this phase of the transportation program, a new traffic impact analysis report shall be prepared with each site plan to determine any additional transportation improvements required to mitigate the impacts created solely by that project, which will be implemented as a condition of site plan approval. b. The Applicant shall dedicate all right-of-way necessary for the Phase 4 improvements that will occur on the Property to VDOT or Frederick .County. The Applicant will attempt to design all off -site improvements within public right-of-way; however, if necessary it is recognized that VDOT and/or Frederick County will assist the Applicant with right-of- way necessary to implement proffered off -site transportation improvements. The Applicant agrees to assume all costs associated with right-of-way acquisition if assistance from VDOT and/or Frederick County is required. File #4928S/Silver Lake LLC Rezoning 0 E Greenway Engineering November 25, 2008; Revised January 6, 2009; 13 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; March 13, 2009; March 30, 2009 c. The Applicant shall design and construct, or cause for the construction of improvements to Silver Lake Road to provide for a second left turn lane on Silver Lake Road at the intersection of Northwestern Pike. These improvements shall be completed prior to the approval of any Site Plan that exceeds 530,000 square feet of commercial land use and 440,000 square feet of office land use or equivalent trip generation as described in Section D(5)(a) of the proffer statement on the B2 portion of the Property. d. The Applicant shall design and construct, or cause for the construction of improvements to provide for a third westbound thru lane on Northwestern Pike from the eastern boundary of the Property to Spinning Wheel Lane. Additionally, the Applicant shall be responsible for the relocation, construction, and right-of-way dedication (if necessary) of the existing right turn lanes on Northwestern Pike at the Spinning Wheel Lane and Silver Lake Road intersections. The Applicant shall complete these improvements prior to the approval of any Site Plan that exceeds 530,000 square feet of commercial land use and 440,000 square feet of office land use or equivalent trip generation as described in Section D(5)(a) of the proffer statement on the B2 portion of the Property. 6. The Applicant hereby proffers to conduct annual traffic counts that will be provided to VDOT and Frederick County to determine if the 8,000 ADT volume is achieved to require the expansion of Spinning Wheel Lane and Silver Lake Road to four -lane urban road sections, as provided for in Sections 1)(2)(f), 1)(3)(d), and D(3)(e) of the proffer statement. The annual traffic counts shall begin in the first calendar year that the Phase 2 transportation improvements are completed and shall continue until the warrants are met for widening both street systems. VDOT and Frederick County may allow for annual traffic counts to be delayed in calendar years in which there is no development activity on the Property. When required, traffic counts will be conducted at the Spinning Wheel Lane and Silver Lake Road intersections with Northwestern Pike, on Spinning Wheel Lane at the eastern boundary of the Property, and on the two-lane road connector between, Spinning Wheel Lane and Poor House Road at the western boundary of the Property. If warrants are met based on the annual traffic counts, the Applicant shall prepare and submit construction plans for approval by VDOT and Frederick County within six months of written notice that warrants are met. The Applicant shall commence construction of these improvements within six months of final plan approval. E. Fire and Rescue Enhancements 1. The Applicant hereby proffers to provide, or cause for the provision of land to Frederick County for the development of a new fire and rescue station and support facilities within five years from the date of final non -appealable rezoning File #49285/Silver Lake LLC Rezoning • • Greenway Engineering November 25, 2008; Revised January 6, 2009; 14 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; March 13, 2009; March 30, 2009 approval. The Applicant shall dedicate a site fronting on Silver Lake Road that is located near the intersection of Northwestern Pike, which is a minimum of three acres and a maximum of four acres in size, with the final size of this site being determined upon approval of the Site Plan for the new fire and rescue station facility. The Applicant shall prepare and provide Frederick County with the dedication plat for this site and necessary right-of-way along Northwestern Pike and Silver Lake Road within five years from the date of final non -appealable rezoning approval provided that a Site Plan has been approved for the new fire and rescue station. Additionally, if Frederick County does not commence construction of a new fire and rescue station within one year following the dedication of the site, this land shall be conveyed back to the Applicant to allow for further economic development. In the event Frederick County elects not to develop this site as a new fire and rescue station, the Applicant shall provide a monetary contribution to Frederick County in the amount of $100,000.00 for the development of a new fire and rescue station or for the expansion of an existing fire and rescue station at another location. 2. The Applicant hereby proffers to provide, or cause for the provision of a monetary contribution to Frederick County in the amount of $1,000,000.00 for the development of a new fire and rescue station or for the expansion of an existing fire and rescue station. This monetary proffer is intended to mitigate impacts to fire and rescue services associated with the development of the CCRC on the MS District portion of the Property. The $1,000,000.00 monetary contribution shall be provided to Frederick County within five years from the date of final non - appealable rezoning approval to assist with the development of the new fire and rescue station or for the expansion of an existing fire and rescue station. However, the date for the $1,000,000.00 monetary contribution payment may be extended if a Site Plan for a new fire and rescue station or for the expansion of an existing fire and rescue station has not been approved within five years from the date of final non -appealable rezoning approval. If the latter occurs, the $1,000,000.00 monetary contribution shall be provided to Frederick County within 30 days of the date of final Site Plan approval for the new fire and rescue station or for the expansion of an existing fire and rescue station. 3. The Applicant hereby proffers to design and construct, or cause for the construction of all necessary road improvements at the Northwestern Pike intersection with Silver Lake Road and on Silver Lake Road to provide access to the new fire and rescue station, as well as all utilities necessary for the new fire and rescue station located on the Property. These infrastructure improvements shall be provided by the Applicant in advance of the Phase 1 or Phase 2 transportation program improvements to facilitate the construction of the new fire and rescue station should this occur in advance of the commercial development within these transportation phases. The Applicant shall work with Frederick County, upon notice by the County, to ensure that the design, bonding and construction of these infrastructure improvements is coordinated during the preparation of the Site Plan for the new fire and rescue station on the Property. File #4928S/Silver Lake LLC Rezoning Greenway Engineering • November 25, 2008; Revised January 6, 2009; • 14 Revised January 27, 2009; Revised February 16; 2009; Revised February 19, 2009; Revised March 2, 2009; March 13, 2009; March 30, 2009 approval. The Applicant shall dedicate a site fronting on Silver Lake Road that is located near the intersection of Northwestern Pike, which is a minimum of three acres and a maximum of four. acres in size, with the final size of this site being determined upon approval of the Site Plan for.the new, fire and rescue station facility. The Applicant shall prepare and provide Frederick County with the dedication platfor this site and necessary right-of-way along Northwestern Pike and Silver Lake Road within five years from the date of final non -appealable rezoning approval provided that a Site Plan has been approved for the new fire and rescue station. Additionally, if Frederick County does not conunence construction of a new fire and rescue station within one year following the dedication of the site, this land shall be conveyed back to the Applicant to allow for further economic development. In the event .Frederick County elects not to develop this site as a new fire and rescue station, the Applicant shall provide a monetary contribution to Frederick County in the. amount of $100;000.00 for the development of a new fire and rescue station or for the expansion of an existing fire and rescue station at another location.' . 2. The Applicant hereby proffers to provide, or cause for the provision of a monetary contribution to Frederick County in the amount of $1,000,000.00 for the development of a new fire and rescue station or for the expansion of an existing fire and rescue station. This monetary proffer is intended to mitigate impacts to fire and rescue services associated with the development of the CCRC on the MS District portion of the Property. The $1,000,000.00 monetary contribution shall be provided to Frederick County within five years from the date of final non - appealable rezoning approval to assist with the development of the new fire and rescue station or for the expansion of an existing fire and rescue station. However, the date for the $1,000,000.00 monetary contribution payment may be extended if. a Site Plan for a new fire and rescue station or for the expansion of an existing fire and rescue station has not been approved within five years from the date of . final non -appealable rezoning approval. If the latter occurs,. the $1,000,000..00 monetary contribution shall be .provided to Frederick County within 30 days, of the date of final Site Plan approval for the new fire and rescue station or for the expansion of an existing fire and rescue station. 3. The Applicant hereby proffers to design . and construct, or cause for the construction of all .necessary road improvements at the Northwestern Pike intersection with Silver Lake Road and on Silver Lake Road to provide access to the new fire and rescue station, as well as all utilities necessary for the new fire and rescue station located on the Property. These infrastructure improvements shall be provided by the Applicant in advance of the Phase 1 or Phase 2 transportation program improvements to facilitate the construction of the new fire and rescue station should this occur in advance of the commercial development within these transportation phases. The Applicant shall work with Frederick County, upon notice by the County, to ensure that the design, bonding and construction of these infrastructure improvements is coordinated during the preparation of the Site Plan for the new fire and rescue station on the Property.. File #4928S/Silver rake LLC Rezoning • • Greenway Engineering November 25, 2008; Revised January 6, 2009; 15 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009; March 13, 2009; March 30, 2009 F. Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Applicants and owners. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: �;/� -✓ ll rw e T By: Commonwealth of Virginia, City . ounty f recta ViC(, To Wit: Date: ;117/0 9 The foregoing instrument was acknowledged before me thisl-�O day of 20QJby .JOmes W i Ik ios .-TTI , VyAO-1,10!�e,r Notary Public My Commission Expires { z lo- Zvi', Zo t Z R-e�i5+VC,-h vVI # 2c1(,, to (o File #4928S/Silver Lake LLC Rezoning NOTE: THE FINAL GEOMETRICAL DESIGN LOCATIONS WILL BE IN ACCORDANCE WITH THE FUTURE APPROVED PUBLIC IMPROVEMENT PLANS. ROAD PHASING LEGENC PHASE I PHASE 2 PHASE 3 PHASE 4 EY OTHERS CROBSOBBPIO TRAIL LEGEND A A. OPTION ;14 r B2-DISTRICT B2-DISTRICT ROUNDABOUT B2-DISTRICT / J3� a s B2-DISTRICT b� e r..�• El 60' GREEN STRIP \EDUN 60' GREEN STRIP. CR088N0 0 Z W W Z Lu m Lu vq of ka an� s ee Z 5�. H W Z F W a O A W W I> O Q W J o w .I W z J o Z to W j GATE: IJarch 30, 2008 SCALE: NTB DESIGNED BY: JNT JOB NO. 4928E S.- 1 OF3 NOTE: THE FINAL GEOMETRICAL DESIGN LOCATIONS ,YCA Z WILL BE IN ACCORDANCE WITH THE FUTURE APPROVED PUBLIC IMPROVEMENT PLANS. / ' �j W Lu W m Lu Lu FLPNABE 11�C/�� [Jv '.' W/ TAPER PHASE 2 ---� PHASE 2 j WEST / t* RT 37 RIGHT TURN LANE . B3rdOUND 0 la /I PHASE 2 J lJ / DUAL LEFT W W ' O LANES - 81 / ; -/) EIL SIGNALIZED INTERSECTION INTERSECTION 7 0 U / h INTERSECTION 8 / / / CONTROLLED W W EX 810NALIZED INTERSECTION PHASE 2 W O W DUAL RIGHT TURN LANES - N N " SIGNAL CONTROLLED W LLI In LLI DATE: Ifarch 90, 2008 SCAM NT9 DESIGNED BT. JNT JOB NO. 4920S 9FEiR' 3 OP9 NOTE: THE FINAL GEOMETRICAL DESIGN LOCATIONS WILL BE IN ACCORDANCE WITH LENGEND THE FUTURE APPROVED PUBLIC IMPROVEMENT PLANS. _ ASNPALT BICYCLE 8 PEDESTRIAN FACILITY s ORNAMENTAL TREES ,•_ ORNAMENTAL SHRUBS ---------- tlp pLT BICYCLE PEO 0 10' A gTN1AN FACILITY O N R/W R/W 30' MAX -- -- INTERSECTION OF ROUTE 50 A SPINNING WHEEL LANE W w IS 3W VIZ aJ I) _ rn 60' GREEN - - r l �/ STRIP - - 60 GREEN STRIP -- i I � s RN L-AIIE - PHASE 1 -- ROUTE 60 LEFT TURN LANE PHASE 1 — — LEFT TURN LANE SIGNALIZED INTERSECTION INTERSECTION OF ROUTE 50 & SILVER LAKE ROAD w 60' GREEN STRIP > - 1 60' GREEN STRIP PHASE 4=— iOUGH LANE PHASE 2' LEFT TURN LANE INTERSECTION PHASE 2 1 LEFT TURN LANE PHASE 2 RIGHT TURN- LANE PHASE 4— _PHASE- 4-TH� GH LANE ROUTE 60 -- —gIGHf TURN LANE — -- — DATE: March 30, 2009 SCALE: NTS DESIGNED BY: W SOB NO. 4E213S SHEET 2 OF3 I • APPLICATION MASTER DEVELOPMENT PLAN Department of Planning and Development Use Only. Date application received Application # Complete. Date of acceptance Incomplete. Date of return 1. Project Title: Silver Lake, LLC Master Development Plan 2. Owner's Name Silver Lake, LLC James R. Wilkins, Jr. James R. Wilkins, III (Please list name of all owners or parties in interest) 3. Applicant: Greenway Engineering, Inc Address: 151 Windy Hill Lane Winchester, VA 22602 Phone Number: 540-662-4185 4. Design Greenway Engineering, Inc Company: Address: 151 Windy Hill Lane Winchester, VA 22602 Phone Number: 540-662-4185 Contact Name: Evan Wyatt, AICP F, JUN 4 2009 ,r I 5. Location of Property North side of Northwestern Pike (US Route 50 West); west of Retail Boulevard and east of Poorhouse Road (Route 654) 6. Total 370.02± Acres (MS District 131.06± Acres and Acreage: B2 District 238.96± Acres) 7. Property Information a) Property Identification Number 52-A-C, 52-A-50, 52-A-50A, 52-A-52, (PIN): 53-A-63 b) Current Zoning: MS District (131.06± Acres), B2 District (238.96± Acres) c) Present Use: Residential/Unimproved d) Proposed Uses: CCRC Commercial Retail/Office e) Adjoining Property Information: Property Identification Property Uses Numbers North Refer to attached adjoining property owner table South East West f) Magisterial District: Gainesboro 8. Is this an original or amended Master Development Plan? Original ® 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:E6` . ul �4[ I Date: (o + 10, Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Planning office, County of Frederick, Virginia, 107 Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By These Presents: That I (We) (Name) Silver Lake, LLC (Phone) (540) 662-7215 (Address) 13 South Loudoun Street, Winchester, VA 22601 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 090001536 on Page Deed Book 927 on Page 1591 Deed Book 872 on Page 318 and is described as Parcel: 52 Lot: 50 B1ock:A Section: & Parcel: 52 Lot: C Block: A Section: Parcel: 52 Lot: 50A Block: A Section: Parcel: 52 Lot: 52 Block: A Section: & Parcel: 52 Lot: 63 Block: A Section: do hereby make, constitute and appoint: (Name) Greenway Engineering (Phone) (540) 662-4185 (Address) 151 Windy Hill Lane, Winchester, VA 22602 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning application for my (our) above described Property, including: ❑ Rezoning (Including proffers) ❑ Conditional Use Permits ® Master Development Plan (Preliminary and Final) ❑ Subdivision ❑ Site Plan ❑ Comprehensive Policy Plan Amendment My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to ON previously approved proffered conditions except as follows: .` �� . •"' ••. !., This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded modified. -, '' ••.'�� +� In witness thereof, I (we) have hereto set my (our)hJpd and seal this day of JUne, 200 1 ��� ate•. Signature(s) State of Virginia, City ounty f FvPdedlCL , To -wit: I, Dbr vILL L • He 50 a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument and who I (are) known to me, personally appeared before me and has ackngw{edged the same before mein the jurisdiction aforesaid this 44� day of Uv-w- 2009. (��tJ lUtR. e / AZ6",d_ MX Commission Expires: 'b 2cl, 201Z Notary Public �(5i 5-tyc-N" # Zvi G ! 0 (o MASTER DEVELOPMENT PLAN #01-09 SILVER LAKE LLC Staff Report for the Planning Commission Prepared: June 15, 2009 Staff Contact: Candice E. Perkins, AICP, Senior Planner Reviewed Action Planning Commission: 07/01/09 Pending Board of Supervisors: 07/22/09 Pending PROPOSAL: To develop 238.96 acres of land zoned B2 (General Business) District and 131.06 acres of land zoned MS (Medical Support) District, with Commercial and Continuing Care Retirement Community (CCRC) Uses. The CCRC use will consist of 898 residential units (density of 7.99 units per acre) to be developed in two phases. The residential units will consist of a mix of independent care units, assisted care units and skilled nursing care units. The CCRC will also contain ancillary services and facilities which will be identified during the site plan phase. LOCATION: The subject properties are located on the north side of Northwestern Pike (Route 50), west of Retail Boulevard and east of Poorhouse Road (Route 654). STAFF CONCLUSIONS FOR THE 07/01/09 PLANNING COMMISSION MEETING: The Master Development Plan for the Silver Lakes property depicts appropriate land uses and appears to be consistent with the requirements of Article XVII, Master Development Plan, of the Zoning Ordinance and this MDP is in a form that is administratively approvable. The MDP is also in conformance with the proffers for Rezoning #01-09. All of the issues brought forth by 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. MDP #01-09, Silver Lake* • June 15, 2009 Page 2 This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist in the review of this application. It may also be useful to others interested in this zoning matter. LOCATION: The subject properties are located on the north side of Northwestern Pike (Route 50), west of Retail Boulevard and east of Poorhouse Road (Route 654). MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBERS: 52-A-C, 52-A-50, 52-A-50A, 52-A-52 and 53-A-63 PROPERTY ZONING & PRESENT USE: Zoned: 238.96 zoned B2 (Business General) District and 131.06 zoned MS (Medical Support) District Use: Residential, Vacant, Agricultural ZONING & PRESENT USE OF ADJOINING PROPERTIES: North: RA (Rural Areas) Use: Agricultural South: RA (Rural Areas) Use: Residential/Vacant B2 (Business General) Commercial East: B2 (Business General) Use: Commercial West: RA (Rural Areas) Use: Residential/Agricultural PROPOSAL: To develop 238.96 acres of land zoned B2 (General Business) District and 131.06 acres of land zoned MS (Medical Support) District, with Commercial and Continuing Care Retirement Community (CCRC) Uses. The CCRC use will consist of 898 residential units (density of 7.99 units per acre) to be developed in two phases. The residential units will consist of a mix of independent care units, assisted care units and skilled nursing care units. The CCRC will also contain ancillary services and facilities which will be identified during the site plan phase. REVIEW EVALUATIONS: Virginia Department of Transportation: The Master Development Plan for this property appears to have significant measurable impact on Route 50, the VDOT facility which would provide access to the property. This office has reviewed the Silver Lake LLC Master Development Plan and feels it is acceptable. VDOT would like to see the street names used in the Proffer Statement changed to reflect MDP #01-09, Silver Lake OC • June 15, 2009 Page 3 the MDP street names. 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. Frederick County Fire Marshal: Plan approval recommended. Frederick County Public Works: The master development plan for Silver Lake LLC dated May 19, 2009 has adequately addressed our review comments discussed in a meeting held in our office on May 19, 2009. Therefore, we grant our approval and reserve the right to perform a detailed review of future site and/or subdivision plans related to the approved master development plan. Frederick County Inspections Department: No comment required at this time. Shall comment on site plan reviews. Note: permits and asbestos inspection required prior to the demolition of any structures. Frederick County -Winchester Health Department: No Comment. Frederick County Sanitation Authority: Approved as noted. GIS Department: The following road names have been approved and added into the Frederick County Road Naming and Structure Numbering system: Storefront Pl., Trader Dr., Lutheran Home Blvd., Corporate Pl., Clocktower Ridge Dr., Monument Dr., Countrymen Dr., Guidhall Way, Allegiance Dr., Procession Way, Reverence Sq., Advowson Pl., Borough Ter., Hamlet Cir., Prominance Cir. The following road names are denied use because of conflict, either by spelling or by phonetics, with road names already in the Frederick County Road Naming and Structure Numbering System: Lupton Pl. Lutheran Home Blvd. must intersect with Monument Dr. Road names can only change at intersections. Future Petticoat Gap Ln. will also intersect with Monument Dr. Pending a written approval from the property owners, GIS will continue the name Lutheran Home Blvd. and replace future Petticoat Gap Ln. Clocktower Ridge Dr. will intersect with Procession Way. Procession Way will intersect with Reverence Sq. Reverence Sq. will start at Prominance and its terminus will be a dead end. Parks and Recreation Department: No comment. Planning & Zoning: 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. MDP #01-09, Silver Lake LZC • June 15, 2009 Page 4 B) Location The subject properties are located on the north side of Northwestern Pike (Route 50), west of Retail Boulevard and east of Poorhouse Road (Route 654). C) Site History This site was included in the 2006 update to the Round Hill Land Use Plan which expanded the Sewer and Water Service Area to include these and other properties and provided for an improved land use plan for the Round Hill Community. This was approved by the Board of Supervisors on November 2007. On April 22, 2009 the Board of Supervisors approved Rezoning Application #01-09 which rezoned the subject properties to the B2 and MS Districts. 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 2007 Comprehensive Policy Plan and the Round Hill Land Use Plan provide guidance on the future development of the property. The property is located within the SWSA. The proposed commercial and medical support land uses are supported by the Comprehensive Plan. Transportation: The Round Hill Land Use Plan recommends regional transportation improvements along the Northwestern Pike corridor, as well as on the north side of this corridor that traverse the subject site. The Round Hill Land Use Plan recommends travel lane and signalization needs associated with development in the study area. The rezoning application for the project addressed these improvements through four phases of development as outlined in Proffer D for Rezoning #01-09. The Round Hill Land Use Plan also recognizes the need to ultimately extend the internal road network to provide for a connection to Poorhouse Road. The rezoning for this development recognized this connection by providing for two alternate locations for this road connection internal to the Silver Lake property. The MDP for the development shows both of these alternative locations. The MDP also depicts the location of the proffered ten foot bike and pedestrian facility that runs throughout the entire project. Site Access: The MDP shows the location of the internal road systems serving this project. Lutheran Home Boulevard serves as the property's major collector road, intersecting with Route 50, and connecting to the existing road system to the rear of the development containing Wal-Mart. Trader Drive (formerly Silver Lake Drive) provides an additional connection to Route 50, MDP #01-09, Silver Lake PC June 15, 2009 Page 5 intersects with Lutheran Home Boulevard and ultimately may provide a connection with Poorhouse Road (Poorhouse connection — Option 1). Corporate Place provides access to the western commercial portion of the property and may also provide a connection with Poorhouse Road (Poorhouse connection — Option 2). The CCRC portion of the development is proposed to be served by a network of private streets as depicted on the MDP. Buffers and Screening: Areas of mature woodlands are proffered (Proffer B3) to be preserved in those areas where buffers would be required; this pertains to both zoning district buffers and road efficiency buffers. The preserved woodland areas are depicted on the MDP as a continuous hatched area. Upon development of the project, supplemental plantings may be required by the Planning Department along these preserved areas if necessary. A linear area of passive open space that contains environmental features has been provided central to the project; this open space will contain a trail system as shown on the MDP. A 50 foot landscaped buffer area has also been provided along Route 50; this buffer consists of street trees and ornamental shrubs. Landscaping in the form of street trees has been provided along Lutheran Home Boulevard and Trader Drive throughout the limits of the B2 portions of the property. Additional evergreen landscaping is to be provided adjacent to required buffer areas adjacent to residentially used RA land. Proffer Statement: See attached proffers dated November 25, 2008; revised March 2, 2009; revised March 30, 2009. STAFF CONCLUSIONS FOR THE 07/01/09 PLANNING COMMISSION MEETING: The Master Development Plan for the Silver Lakes LLC property depicts appropriate land uses and appears to be consistent with the requirements of Article XVII, Master Development Plan, of the Zoning Ordinance and this MDP is in a form that is administratively approvable. The MDP is also in conformance with the proffers for Rezoning #01-09. All of the issues brought forth by 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. • 'COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC MEETING July 8, 2009 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: MASTER DEVELOPMENT PLAN #01-09 OF SILVER LAKE LLC On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public meeting being held on Wednesday, July 22, 2009 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 #01-09 for Silver Lake LLC, submitted by Greenway Engineering, for Commercial and Continuing Care Retirement Community (CCRC) Uses. The properties are located on the north side of Northwestern Pike (Route 50), west of Retail Boulevard and east of Poorhouse Road (Route 654), in the Gainesboro Magisterial District, and are identified by Property Identification Numbers 52-A-C, 52-A-50, 52-A-50A, 52-A-52 and 53-A-63. 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, L�x f� Candice E. Perkins, AICP Senior Planner CEP/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 • This is to certify that the attached correspondence was mailed to the following on �� from the Department of Planning and Development, Frederick County, Virginia: —- - 52 -A- 71-A 52 - A- - C- COMMONWEALTH OF VIRGINIA SILVER LAKE LLC PO BOX 2249 CIO JAMES R WILKINS III STAUNTON VA 24402.2249 13 S LOUDOUN ST WINCHESTER VA 22601.4777 52 -A• - 71-B - - - - - - - - - - - - - -- - BISHOP GREGORY A & STACIE L 53 • A- • 63- 108 STONEWALL DR M A SMITH FAMILY LLC 134 HAWTHORNE DR WINCHESTER VA 22602.2276 WINCHESTER VA 22601.3319 - 52 A Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 52 - A. - 47- CARPENTER ROBERT N TRUSTEE CARPENTER LINDA C TRUSTEE 516 POORHOUSE RD - WINCHESTER VA 22603.3839- 52 A- - 48- FRUIT HILL ORCHARD INC. PO BOX 2368 WINCHESTER VA 22604-1568 52 A- - B- WINCHESTER WAREHOUSING INC. & SILVER LAKE LLC PO BOX 2368 WINCHESTER VA 22604.1568 STATE OF VIRGINIA COUNTY OF FREDERICK •-51- BLACK ROY J N C BLACK DONNA D 106 ARROWHEAD TRL WINCHESTER VA 22602.1400 MP LLC CIO MP LLC 1205 CAROLINE ST WINCHESTER VA 22601.2903 52 • A- • 51-A ------ SPAID STEPHEN M SPAID DONNA P 2444 NORTHWESTERN PIKE WINCHESTER VA 22603.3951 Candice E. Perkins, Senior Planner Frederick County Planning Dept. I, , a Notary Public in and for the State and County aforesaid, do ereby certify that ndice E. Perkins, Senior Planner for th Department of Planning and Development, whose name is signed to the foregoing, dated WO , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this � day of �� .0p, () O My commission expires on 6000 6EVERLY H. DELLINGER NOTARY Ill # 331878 NOTARY PUBLIC ' COMMONWEALTH OF VIRGINIA NOTAR UBLIC MY COMMISSION EXPIRES JULY 31. 2011 52 -12- - A1- WEBBER CHARLES L. & BETTY C. 2539 NORTHWESTERN PIKE WINCHESTER VA 22603.3820 52 - A- - 229- TRUSTEES OF ROSEDALE BAPTIST CHURCH 2581 NORTHWESTERN PIKE WINCHESTER VA 22603.3820 52 - A- - 53- TURNER BERNARD L & CAROLYN R 2578 NORTHWESTERN PIKE WINCHESTER VA 22603.3811 52 - A- - 227-A SMITH KENNETH H. 2587 NORTHWESTERN PIKE WINCHESTER VA 22603.3820 52 - A. - 54. ROBINSON C L CIO F&M BANK WINCHESTER 9 COURT SO WINCHESTER VA 22601.4736 52 - A- - 226- KERNS LINDA L 112 ROBIN HOOD CIR WINCHESTER VA 22603.3803 52 - A- - 194• ROBBINS TONY E & OATES PATRICIA L 2633 NORTHWESTERN PIKE WINCHESTER VA 22603.3821 52 - A- -193• TRIPLETT JERRY W 245 MCCARTY LN WINCHESTER VA 22602.4623 52 - A. - 166• CATHER CLARENCE & VIVA 2691 NORTHWESTERN PIKE WINCHESTER VA 22603-3821 52 . A.. 55. BAYLISS JAMES A. PO BOX 1816 WINCHESTER VA 22604.8316 52 - A. . 57- HAINES PHILIP C & DIANA N 675 POORHOUSE RD WINCHESTER VA 22603.3848 52 - A- - 58. VERRET ROY A & BETTY C PO BOX 283 WINCHESTER VA 22604.0283 52 . A• - 59- WESTERN VIEW PROPERTIES LLC 675 POORHOUSE RD WINCHESTER VA 22603.3848 52 A- 60 HEIRSiDILLIE V REID CIO CAROLYN R TURNER EXECUTOR 424 W CECIL ST WINCHESTER VA 22601-3706 52 . A- . 60-B TRUONG DAWN C N HUA SANG V o 0 109 FISHERS HILL CT ym a a STEPHENS CITY VA 22655.4529 maT 52-A•-61. a m a a GROVES FAMILY ENTERPRISES LLC m a 2754 NORTHWESTERN PIKE m WINCHESTER VA 22603.3813 c) 0 52 - A. - 66. a ANDERSON GARLAND SCOTT 0 104 EXMOOR CT 9 N STEPHENS CITY VA 22655 4800 V Q1 "' 52 - A. - 65• COCHRAN CHARLES E JR & MARIAM G 208 FOX DR WINCHESTER VA 22601.3037 52 - A. - 64- NICHOLS CASSANDRA L 373 POORHOUSE RD WINCHESTER VA 22603.3845 52 -3. - I. BAUSERMAN JOSEPH STEPHEN 383 POORHOUSE RD WINCHESTER VA 22603.3845 52 -3. - 2. COCHRAN CHARLES E JR 208 FOX DR WINCHESTER VA 52 -3. - 3. LABROZZI JOSEPH A LABROZZI STACIE M 403 POORHOUSE RD WINCHESTER VA 22601.3037 22603.3849 52 -3. - 4. MERRITT LARRY D & SUSAN D 413 POORHOUSE RD WINCHESTER VA 22603.3846 52 - A. - 44. ROBARE CHRISTOPHER E & MARY C 425 POORHOUSE RD WINCHESTER VA 22603.3846 52 - A- - 45. DRIVER BRADLEY B. 445 POORHOUSE FID WINCHESTER VA 22603.3846 52 - A. - 46. BURLEY LAURA C 479 POORHOUSE RD WINCHESTER VA 22603.3846 • 0 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC MEETING June 23, 2009 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNERS(S) RE: MASTER DEVELOPMENT PLAN #01-090 OF SILVER LAKE LLC On behalf of the Frederick County Planning Commission, you are hereby notified of a public meeting being held on Wednesday, July 1, 2009 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 #01-09 for Silver Lake LLC, submitted by Greenway Engineering, for Commercial and Continuing Care Retirement Community (CCRC) Uses. The properties are located on the north side of Northwestern Pike (Route 50), west of Retail Boulevard and east of Poorhouse Road (Route 654), in the Gainesboro Magisterial District, and are identified by Property Identification Numbers 52-A-C, 52-A-50, 52-A-50A, 52-A-52 and 53-A-63. 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, AICP Senior Planner CEP/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to ce -tify that the attached correspondence was mailed to the following on ('11q 16 from the Department of Planning and Development, Frederick County, Virginia: _ - 52 • A- 71-A 52 - A• - C- COMMONWEALTH OF VIRGINIA SILVER LAKE LLC PO BOX 2249 CIO JAMES R WILKINS III STAUNTON VA 24402.2249 13 S LOUDOUN ST - WINCHESTER VA 22601.4777 52 -A- - 71•B 53 A 63 BISHOP GREGORY A & STACIE L M A SMITH FAMILY LLC 108 STONEWALL OR 134 HAWTHORNE OR WINCHESTER VA 22602.2276 j WINCHESTER VA 22601.3319 52 -A--51 -- . BLACK ROY J N C Greenway Engineering BLACK DONNA D106 151 Windy Hill Lane ARROWHEAD TRL -WINCHESTER VA 22602.1400 Winchester, VA 22602 -----------._- 52 -12• - B- _ _ 52 • A- - 47- MP LLC CARPENTER ROBERT N TRUSTEE CIO MP LLC CARPENTER LINDA C TRUSTEE 1205 CAROLINE ST 516 POORHOUSE RD --- - --- WINCHESTER VA 22601.2903 WINCHESTER VA 22603.3839 52 -A. - 51-A - - 52 A- - 48 -- - - SPAID STEPHEN M FRUIT HILL ORCHARD INC. SPAID DONNA P PO BOX 2368 2444 NORTHWESTERN PIKE WINCHESTER VA 22604.156R WINCHESTER VA C 22603-3951 52 -A- - B-) WINCHESTER WAREHOUSING INC. j & SILVER LAKE LLC PO BOX 2368 WINCHESTER VA 22604.1568 r L--c- Candice E. Perkins, Senior Planner Frederick County Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERIC 1, , a Notary Public in and for the State and County of )resai ,johbyeertif y thatCandi E. Perkins, Senior Planner fort De artment of Planning and Devel, whose name is signed to the foregoing, dated (o p ,has personally appeared before me and acknowledge same in my Sta e and County aforesaid. Given under my hand this % %,JJday of My commission expires on 0 N! bVrK 52 •12- - Al- 52 59- WEBBER CHARLES L. & BETTY. W RN VIEW PROPERTIES LLC 2539 NORTHWESTERN PIKE 675 OORHOUSE RD WINCHESTER VA 22603.3820 WINCHESTER VA 22603.3848 52 - A• - 229- 52 - A• . 60- TRUSTEES OF ROSEDALE BAPTIST CHURCH HEIRS OF LILLIE V REID 2581 NORTHWESTERN PIKE CIO CAROLYN R TURNER EXECUTOR WINCHESTER VA 22603.3820 424 W CECIL ST 70 WINCHESTER VA 22601.3706 52 A 53 x o a v ,- 52 - A• • 60•B TURNER BERNARD L & CAROLYN R m o c c1i TRUONG DAWN 2578 NORTHWESTERN PIKE y a HUA SANG V WINCHESTER VA 22603.3811 a o 109 FISHERS HILL CT ST'EPHENS CITY VA 22655.4529 52 - A- - 227•A SMITH KENNETH H. 52 -A- . 61- 2587 NORTHWESTERN PIKE ,'„ GROVES FAMILY ENTERPRISES LLC WINCHESTER VA 22603.3820 w 2754 NORTHWESTERN PIKE Go WINCHESTER VA 22603.3813 52 - A- - 54- � ROBINSON C L 52 . A- - 66- CIO F&M BANK WINCHESTER ANDERSON GARLAND SCOTT 9 COURT SO 104 EXMOOR CT WINCHESTER VA 22601.4736 STEPHENS CITY VA 22655.4800 52 . A- . 226• 52 . A• - 65- KERNS LINDA L COCHRAN CHARLES E JR & MARIAM G 112 ROBIN HOOD CIR 208 FOX DR WINCHESTER VA 22603.3803 WINCHESTER VA 22601.3037 52 A 194 ao9� o 52-A-•64- NICHOLS CASSANDRA L ROBBINS TONY E & OATES PATRICIA 0 "_' a z a 373 POORHOUSE RD L 2633 NORTHWESTERN PIKE v' '- WINCHESTER VA 22603.3845 WINCHESTER VA 22603.3821 n „ a 52 -3- . 1. 52 A 193 a m cn BAUSERMAN JOSEPH STEPHEN TRIPLETT JERRY W m 383 POORHOUSE RD 245 MCCARTY LN c, o WINCHESTER VA 22603.3845 WINCHESTER VA 22602.4623 N 52 -3- . 2- o 9 COCHRAN CHARLES E JR 52 A 166 208 FOX DR CATHER CLARENCE & VIVA V cm WINCHESTER VA 22601.3037 2691 NORTHWESTERN PIKE 52 •3- - 3- WINCHESTER VA 22603.3821 LABROZZI JOSEPH A LABROZZI STACIE M 52 - A- . 55. 403 POORHOUSE RD BAYLISS JAMES A. WINCHESTER VA 22603.3846 PO BOX 1816 52 -3- . 4- WINCHESTER VA 22604.8316 MERRITT LARRY D & SUSAN D 413 POORHOUSE RD 52 . A• - 57- WINCHESTER VA HAINES PHILIP C & DIANA N 22603 3846 52 . q.. 44, 675 POORHOUSE RD ROBARE CHRISTOPHER WINCHESTER VA 22603-3848 E & 425 POORHOUSE RD MARY C WINCHESTER VA22603.3846 52 • A- - 58- VERRET BOY A & BETTY C 52 - A- - 45- PO BOX 283 DRIVER BRADLEY B WINCHESTER VA 22604.0283 445 POORHOUSE RD WINCHESTER VA 22603.384B Dp ?0' l` d c� TO: BARBARA-DATA PROCESSING Adjoining Property Owners Listing �L t� � ��t � G -� FROW BEV - Planning Dept. /0Please pr%nt sets of labels by �� `•�. TNANI[SI Number Tax Map Numbe Owner 1 52 A 47 Ve CARPENTER ROBERT N TRUSTEE CARPENTER LINDA C TRUSTEE 516 POORHOU 2 52 A 48 FRUIT HILL ORCHARD INC. PO BOX 2368 3 52 A 49 FRUIT HILL ORCHARD INC. PO BOX 2368 4 41 A 170 FRUIT HILL ORCHARD INC. PO BOX 2368 5 53 A 69 FRUIT HILL ORCHARD INC. PO BOX 2368 6 53 A 70 FRUIT HILL ORCHARDS INC PO BOX 2368 7 53 A A FRUIT HILL ORCHARD INC PO BOX 2368 8 52 A B WINCHESTER WAREHOUSING INC. & SILVER LAKE LLC PO BOX 2368 9 52 A 71A COMMONWEALTH OF VIRGINIA PO BOX 2249 10 52 A 71B ✓ BISHOP GREGORY A & STACIE L 108 STONEWAI 11 52 A 71C BISHOP GREGORY A & STACIE L 108 STONEWAI 12 52 A 51 BLACK ROY J N C BLACK DONNA D 106 ARROWHE 13 52 12 B MP LLC C/O MP LLC 1205 CAROLINE 14 52 A 51A Wr SPAID STEPHEN M SPAID DONNA P 2444 NORTHWI 15 52 12 Al WEBBER CHARLES L. & BETTY C. 2539 NORTHWI 16 52 A 229 TRUSTEES OF ROSEDALE BAPTIST CHURCH 2581 NORTHWI 17 52 A 228A TRUSTEES OF ROSEDALE BAPTIST CHURCH 2581 NORTHWI 18 52 A 53 TURNER BERNARD L & CAROLYN R 2578 NORTHWI 19 52 A 227A SMITH KENNETH H. 2587 NORTHWE 20 52 A 54 ROBINSON C L C/O F&M BANK WINCHESTER 9 COURT SQ 21 52 A 226 KERNS LINDA L 112 ROBIN HOC 22 52 A 194 4 ROBBINS TONY E & OATES PATRICIA L 2633 NORTHWE 23 52 A 193 TRIPLETT JERRY W 245 MCCARTY 1 24 52 A 166C TRIPLETT JERRY W 245 MCCARTY I 25 52 A 166 CATHER CLARENCE & VIVA 2691 NORTHWE 26 52 A 55 BAYLISS JAMES A. PO BOX 1816 27 52 A 56 BAYLISS JAMES A. PO BOX 1816 28 52 A 57 HAINES PHILIP C & DIANA N 675 POORHOU; 29 52 A 58 VERRET ROY A & BETTY C PO BOX 283 30 52 A 59 WESTERN VIEW PROPERTIES LLC 675 POORHOU: 31 52 A 60 HEIRS OF LILLIE V REID C/O CAROLYN R TURNER EXECUTOR 424 W CECIL Sl 32 52 A 60B TRUONG DAWN HUA SANG V 109 FISHERS HI 33 52 A 61 GROVES FAMILY ENTERPRISES LLC 2754 NORTHWE 34 52 A 66 ✓ ANDERSON GARLAND SCOTT 104 EXMOOR C 35 52 A 65 COCHRAN CHARLES E JR & MARIAM G 208 FOX DR 36 52 A 64 NICHOLS CASSANDRA L 373 POORHOUc 37 52 3 1 BAUSERMAN JOSEPH STEPHEN 383 POORHOUc 38 52 3 2 COCHRAN CHARLES E JR 208 FOX DR 39 52 3 3 ✓ LABROZZI JOSEPH A LABROZZI STACIE M 403 POORHOUc 40 52 3 4 MERRITT LARRY D & SUSAN D 413 POORHOU, 41 52 A 44 ROBARE CHRISTOPHER E & MARY C 425 POORHOU, 42 52 A 45 Wf, DRIVER BRADLEY B. 445 POORHOUc 43 52 A 46 BURLEY LAURA C 479 POORHOU; 44 52 A 46A MOLDEN REAL ESTATE CORP 2400 VALLEY AN 6-3-2009 Source: Frederick NOTE: THE FINAL GEOMETRICAL DESIGN LOCATIONS WILL BE IN ACCORDANCE WITH THE FUTURE APPROVED PUBLIC IMPROVEMENT PLANS. ROAD PHASINCs LEGEND PHASE I PHASE 2 PHASE 3 PHASE 4 0 Y OTHE RS ERS TRAIL LEGEND A A 3 OPTION #'1 r LANDBAY LEGEND MS DISTRICT 52 DISTRICT T i FIRE t RESCUE SITE 0 GREEN PASSIVE REE STRIP R P AND P vE OPEN SPACE O 10 132-DISTRICT ROUNDABOUT B2-DISTRICT 62-DISTRICT iQ p L� , orJ t. 50' GREEN STRIP , > 2 -�1 1 J G N �?ter • ^ \ r� a \ tiA 9� ` B2-DISTRICT ��. -GENERAL LOCATION �Q OF '\ PASSIVE OPEN SPACE AREA �\ / GENERAL LOCATION OF / / FIRE 8 RESCUE SITE/ • `I I MEDIAN O CA084mO 50' GREEN STRIP MEDIAN CR08SMI0 50' GREEN STRIP I � 1 r DATE: March 30, 20091 SCALE: NTS DESIGNED BY: JNT JOB NO. 4928S SHEET 1 OF 3 Ah Adh NOTE: 50' GREEN STRIP ENHANCEMENTS C'S THE FINAL GEOMETRICAL DESIGN LOCATIONS WILL BE IN ACCORDANCE WITH LENGEND Z THE FUTURE APPROVED PUBLIC IMPROVEMENT PLANS. 70'ASNPALT BICYCLE & PEDESTRIAN FACILITY — — — — — — — — — — — — — — — — — — — — — — 0 ,,.1 BICYCLE & pt 10� FS - SDETRIAN FACILIT7 b / J y Lu - ORNAMENTAL TREES ' - j40 C� R/W - - - - R/W W { ORNAMENTAL SHRUBS 30' MAX o W CO Cq INTERSECTION OF ROUTE 50 & SPINNING WHEEL LANE �. ■ J ,n CV ■ w w —'— ( N LY 03 ao LY A m \ w� Ua50'GREE uz STRIP 50' GREEN STRIP —l__ �— �, t { Z PHASE 1_ LEFT TURN LAf - ROUTE 50ul Z a PHASE 1 x — LEFT TURN LANE SIGNALIZED W ¢ z INTERSECTION J W 4W N o > 0 INTERSECTION OF ROUTE 50 & SILVER LAKE ROAD W W d x w Y G a ow W J aQ IN 50' GREEN STRIP > � J 50 GREEN STRIP _ J W — c5 H W PHASE 4 THROUGH LANE r PHASE 2 RIGHT TURN LANE PHASE-4--PHASE 4-THROUGH LANE ROUE 50\'— — - FHOW TURN LANE — DATE: March 30, 2009 SCALE: NTS PHASE 2 LEFT TURN LANE DESIGNED BY: M PHASE 2 SIGNALIZE JOB NO. 4928S LEFT TURN LANE INTERSECTION SHEET 2 OF 3 J , Z NOTE: �.' 1 t THE FINAL GEOMETRICAL DESIGN LOCATIONS / �� {� \ TA-CA�m / ./ / \ / WILL BE IN ACCORDANCE WITH THE FUTURE / 1� \ // APPROVED PUBLIC IMPROVEMENT PLANS. % 1-�, W t Lu /'!' Z/LLI AJ .,� Fw BE 2 4 PHASE 1 / / W/ TAPER � /� // / / FREE FLOW IGHT �/ , / / PHASE 2 RT 97 RIGHT TURN PHASE 2 / '/ t * LANE JJ Srd WEST 1 BOUND ST El- Lu n , J pq PHASE 2 11 / ! ` W � J t 11 r t LI/�l, i1 jt �`►r U_ it�t , W�a E- - oLAL LEFT �0INTERCTI�Na>ANESSIGN EX. SIGNALIZEDNT INTERSECTION CONTROLLEDINTERSECTION 6 I W EX. SIGNALIZED INTERSECTION p �OxW W7, PHASE 2 N ! / It/ DUAL RIGHT TURN LANES - l` W w \ Cn f� SIGNAL CONTROLLED/�✓�j {jI Z LLl Z r r / Ike DATE: March 30, 2009 SCALE: NTS DESIGNED BY: JNT JOB NO. 4928S SHEET 3 OF 3 324 0 Gary A. Lofton Aye PLANNING COMMISSION BUSINESS: PUBLIC HEARING - REZONING 901-09 OF SILVER LAKE LLC SUBMITTED BY GREENWAY ENGINEERING TO REZONE 238.96 ACRES FROM RA (RURAL AREAS) DISTRICT TO B2 (GENERAL BUSINESS) DISTRICT AND 13106 ACRES FROM RA DISTRICT TO MS (MEDICAL SUPPORT) DISTRICT, WITH PROFFERS FOR COMMERCIAL AND CONTINUING CARE RETIREMENT COMMUNITY (CCRC) USES THE PROPERTIES ARE LOCATED ON THE NORTH SIDE OF NORTHWESTERN PIKE (ROUTE 50 WEST1, WEST OF RETAIL BOULEVARD AND EAST OF POORHOUSE ROAD (ROUTE 654 AND ARE IDENTIFIED BY PROPERTY IDENTIFICATION NUMBERS 52-A-C 52-A-50 52-A-50A 52-A-52 AND 52-A-63 IN THE GAINESBORO MAGISTERIAL DISTRICT. - APPROVED Deputy Planning Director Michael Ruddy appeared before the Board regarding this item. He advised this was a request to rezone a total of 370 acres, 239 from RA (Rural Areas) District to B2 (General Business) District and 131 acres from RA (Rural Areas) District to MS (Medical Support) District. The property is located in the Gaine.sboro District. Deputy Director Ruddy went on to say this is a large, complicated project, and is good for the county. He noted the most current proffer statement dated March 20, 2009 was included in the Board' s agenda packet and addressed the comments provided by the Planning Commission, County Attorney, and others. He went on to say this project was generally consistent with the Comprehensive Policy Plan as well as the Round Hill Land Use Plan. The applicant has proffered a generalized development plan, a monetary contribution of $1 million to construct a new fire and rescue facility or renovate the existing facility. Deputy Director Ruddy concluded by saying the Planning Commission reviewed the application, believed the issues had been adequately addressed, and recommended approval of this rezoning request. Evan Wyatt, Greenway Engineering, appeared before the Board on behalf of the applicant. lie reviewed the proffered Generalized Development Plan and the transportation proffers, which included: - Phased Improvement Plan; - Commercial Development Caps until all phased improvements are complete; - New traffic signalization in three locations; - Route 50 median crossing; - Route 50 mainline improvements; - Route 37 ramp improvements; - Additional Route 50 westbound through lane under Route 37 bridge; - Monetary value of Route 37 regional improvements; - Relocation of Poorhouse Road. The total value of transportation improvements will be $14.11 million. Of that amount, $6.85 million will be for regional transportation improvements. Minute Book Number 34 Board of Supervisors Regular Meeting of 04/22/09 113,25 With regard to public water and sewer, Mr. Wyatt advised the applicant worked with Frederick County Sanitation Authority and would provide the following: - 12-inch water lines to accommodate future growth; - Water storage tank; - Easements along Route 50 frontage; - Easements along commercial property. In addition, the applicant has proffered the following design principles to conform to the Comprehensive Plan: - Street trees; - Monument business signs; - Pedestrian signals; - Inter -parcel connectors; - No commercial entrances on Route 50; - Additional evergreen plantings in buffer areas; - 50-foot landscape strip along Route 50; - 10-foot asphalt trail along Route 50. Mr. Wyatt noted at build out this project could result in $32 million per year in revenue to the county. He went on to say the National Lutheran Home would break ground in March 2010 with occupancy by 2012. He concluded by saying the timeline for the commercial component was unknown, as this portion was market driven. Chairman Shickle asked if the water tank had been proffered or just discussed with the Sanitation Authority. Mr. Wyatt responded the tank was not proffered. It would be handled through an agreement between the applicant and FCSA because the Sanitation Authority wanted additional storage and capacity. He concluded by saying the applicant would install the infrastructure and the Authority would reimburse them. Chairman Shickle convened the public hearing. Elwood Patterson, President of Round Hill Community Fire Company, asked if the 3 to 4 acre parcel of land proffered by the development would be deeded to the company or the county. In addition, he wanted to know if the $1,000,000 contribution would go to the company and could they expect a check in three to five years? Don Jackson, Chief of Gainesboro Fire Company, stated he did not understand how the proffers changed and he thought the land and money would be proffered to the company in the area. He went on to say the association had a good relationship with Mr. Riley and Chief Welsh, but they companies were at a loss as to which way to go on this proffer issue. Minute Book Number 34 Board of Supervisors Regular Meeting of 04/22/09 326�� Chester Lauck, Chief of Round Hill Community Fire Company, stated this was a very generous offer for fire and rescue, but he had some questions. He stated the companies needed direction regarding what to expect. He went on to say if we remodel the existing building then the money needs to be available. He concluded by asking at what point does it revert back to the county. Mike Cline, Gainesboro District and President of the Fire and Rescue Association, stated this all sounded nice and this was a great application; however, he was concerned how the proffer distribution would come down. He concluded by saying the companies need clarification. There being no further comments, Chairman Shickle closed the public hearing. In response to the questions about proffers, Chairman Shickle stated they would be handled in a cooperative manner. Supervisor Dove stated this was a great project and he was grateful to have a local developer willing to go beyond to make this a great project. He cited the amount of tax revenue that would be recognized at project build out. Upon a motion by Supervisor Dove, seconded by Supervisor Lofton, the Board approved Rezoning #01-09. WHEREAS, Rezoning NOI-09 of Silver Lake, submitted by Greenway Engineering, to rezone 238.96 acres from RA (Rural Areas) District to B2 (General Business) District, and 131.06 acres from RA District to MS (Medical Support) District, with proffers, for Commercial and Continuing Care Retirement Community (CCRC) Uses was considered. The properties are located on the north side of Northwestern Pike (Route 50 West), west of Retail Boulevard and east of Poor House Road (Route 654), in the Gainesboro Magisterial District and are identified by Property Identification Numbers 52-A-C, 52-A-50, 52-A-50A, 52-A-52, and 52-A-63. WHEREAS, the Planning Commission held a public hearing on this rezoning on March 18, 2009; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on April 22, 2009; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be 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 rezone 238.96 acres from RA (Rural Areas) District to B2 (General Business) District and 13I.06 acres from RA District to MS (Medical Support) District, with proffers for Commercial and Continuing Care Retirement Community (CCRC) Uses. The conditions voluntarily proffered in writing by the applicant and the property owner are attached. This ordinance shall be in effect on the date of adoption. Passed this 22ad day of April, 2009 by the following recorded vote: Minute Book Number 34 Board of Supervisors Regular Meeting of 04/22/09 327 Richard C. Shickle Aye . Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye PUBLIC HEARING - RURAL AREAS REPORT AND RE, COMMENDATION. CONSIDERATION TO ADOPT THE REPORT AND RECOMMENDATION OF THE RURAL AREAS SUBCOMMITTEE AS A POLICY COMPONENT OF THE COUNTY'S COMPREHENSIVE POLICY PLAN. THIS POLICY WOULD APPLY TO THE RURAL AREAS OF THE COUNTY, AND OTHER ADDITIONAL POLICY DIRECTIVES TO: ENHANCE THE AGRICULTURAL ECONOMY; PRESERVE THE VIEWSHED AND RURAL LANDSCAPE; PRESERVE THE COMMUNITY'S RURAL CHARACTER; AND LESSEN THE DEMANDS FOR COUNTY SERVICES. SOME OF THE POLICY DIRECTIVES INCLUDE THE FURTHER ENHANCEMENT OF HEALTH SYSTEM REQUIREMENTS AND THE ESTABLISHMENT OF A TRANSFER OF DEVELOPMENT RIGHTS (TDR) PROGRAM. THE RECOMMENDED POLICY DOES NOT AFFECT THE EXISTING RESIDENTIAL DENSITY RIGHTS OF PROPERTY OWNERS. — (RESOLUTION #059-09) - APPROVED Director of Planning and Development Eric Lawrence appeared before the Board regarding this item. He explained that for the past nine months the Rural Areas Subcommittee reviewed the rural areas of the county. The Subcommittee was charged with: - Identifying growth and development trends and related issues in the rural areas of the county; - Gathering ideas to address those issues; and - Forwarding a recommendation for resolution to the Board of Supervisors. The Subcommittee identified five issues to be considered in evaluating the rural areas: - Relationship between the Rural Areas and UDA; - Agricultural Economy; - Land Development and Design; - Community Services and Facilities; - Transportation. Director Lawrence noted there currently exist 14 State -enabled tools for managing growth in the rural areas and the County is using some of them already. He then presented the subcommittee's recommendations: - Maintain current minimum lot size of two acres of Rural Preservation Subdivisions; - Increase Rural Preservation Tract size from 40% to 60%; - Clarify that the Preservation Tract counts towards overall density; - Implement a Transfer of Development Rights (TDR) Program; - Continue to pursue state and federal grants to fund a Purchase of Development Rights Program. - Enhance health system requirements o Increase reserve drainfield area requirements from 50% to 100%; o Cease to allow Provisional or Experimental System Approvals; o Cease to allow private, on -site residential discharge systems; o Require Board approval for Pump -and -Haul systems. o Support continued study of: ■ Operation and maintenance requirements; Minute Book Number 34 Board of Supervisors Regular Meeting of 04/22/09 0 —6— • BE IT RESOLVED, that the Frederick County Planning Commission does hereby table Conditional Use Permit #01-09 for AT&T and Wesley Helsley, submitted by Dewberry, for a 120-foot commercial telecommunications facility at 2042 Martinsburg Pike (Route 11) for 28 days to allow the applicant the opportunity to revise the application. The vote was as follows: YES (TABLE 28 DAYS): Ambrogi, Manuel, Ruckman, Oates, Thomas, Ours, Wilmot NO: Unger, Triplett, Kerr, Mohn ABSTAIN: Watt (Note: Coni nissioner Kriz was absent from the meeting.) Rezoning Application 901-09 of Silver Lake, LLC, submitted by Greenway Engineering, to rezone 238.96 acres from RA (Rural Areas) District to B2 (General Business) District, and 131.06 acres from RA District to MS (Medical Support) District, with proffers, for commercial use and a Continuing Care Retirement Community (CCRC) use. The properties are located on the north side of Northwestern Pike (Route 50 West), west of Retail Boulevard and east of Poor House Road (Route 654). The properties are further identified with P.I.N.s 52-A C, 52-A-50, 52-A-50A, 52-A-52, and 52-A-63 in the Gainesboro Magisterial District. Action — Reconunended Approval With Proffers Deputy Planning Director, Michael T. Ruddy, reported that this application is to rezone five parcels totaling 370.02 acres from the RA (Rural Areas) District to the MS (Medical Support) and B2 (Business General) Districts with proffers for a Continuing Care Retirement Community and commercial land uses. Mr. Ruddy said this particular property was included in the 2006 update to the Round Hill Land Use Plan, wlnichwas approved by the Board of Supervisors in 2007. He said the land use plan expanded the water and sewer boundaries surrounding this property and it also provided for an improved land use plan for the Round Hill community. The property is located within the Sewer and Water Service Area (SWSA). He said the proposed land uses are generally consistent with the Comprehensive Policy Plan and the Round Hill Land Use Plan. Mr. Ruddy said the Round Hill Land Use Plan recommends that as land is developed over time and infrastructure extended, consideration should be given as to how development might contribute towards achieving the long-range goal of providing sewer to the core area of the Round Hill community. Furthennore, the Round Hill Land Use Plan encourages a variety of design principles for the Route 50 corridor and this application's proffer statement generally addresses the identified design standards. The Round Hill Plan also calls for a campus -style development and Mr. Ruddy believed a greater amount of consideration could be provided to coordinate the commercial portion of this project in the design layout; in particular, the building location, the site layout, and the design elements. He commented that the application should clearly demonstrate how it will achieve a campus -style development. In addition, the Round Hill Land Use Plan recommends that a new park be included with the development of this area. He said it was the staff s recommendation that an area larger than that currently shown on the Generalized Development Plan (GDP) be provided in order to be consistent with the area shown in the Round Hill Land Use Plan. Frederick County Planning Commission Page 2436 Minutes of March 18, 2009 0 -�- Regarding the transportation aspects of the proposal, Mr. Ruddy said the Round Hill Land Use Plan recommends regional transportation improvements along the Route 50 Corridor, as well as on the north side of the corridor which traverses through this project. He said this application addresses these transportation improvements in a positive manner. Regarding the site access and design, Mr. Ruddy referred to the GDP and said it depicts the location of the internal road system serving this project. He said Spinning Wheel Lane, the project's major collector road, connects Route 50 through the site and connects with the existing road system to the rear 'of the Walmart Shopping Center. Silver Lake Drive provides an additional confection to Route 50, intersects with Spinning Wheel Lane, and it ultimately provides a potential connection to Poor House Road. Mr. Ruddy noted that the application provides for bicycle and pedestrian connectivity throughout the project and along the project's frontage with Route 50, along with pedestrian connections at the major intersections. He added that inter -parcel connectivity has been provided throughout the B2 portions, as development occurs. Mr. Ruddy next focused on potential impacts. He said the applicant's TIA has projected the build -out of this project within four phases. Beyond the four phases, there is no limitation upon the amount of commercial development that could happen. Ultimately, the TIA assumes the total build -out of the continuing care retirement community on the MS District property; 583,050 square feet of commercial retail; and 494,600 square feet of office land use developed over a four -phase study. He said the applicant's transportation program is based upon a four -phased approach and is described in detail in the application and proffer statements as to which particular improvements go with each phase. Mr. Ruddy continued, stating this application provides for the urban four -lane divided section (U4D), but only for the portion of the collector road from Route 50 back to the internal intersection with Silver Lake Drive. Mr. Ruddy stated that the U41) typical section should be extended along the entire length of Spinning Wheel lane with the use of a landscaped median. He said the Round Hill Land Use Plan is specific about this ultimate road section. Mr. Ruddy said this development will have an impact on conununity facilities and services; however, the commercial component of the project will generate tax revenue for the County. In addition, he recognized the applicant's significant effort to address the fire and rescue conununity's facility impacts. He said the application provides for land dedicated to Frederick County for the development of a new fire and rescue station and support facilities serving the Round Hill Cominunfty; and, the GDP identifies three -to -four acres as a potential location for such a new fire and rescue facility. Additionally, he said the applicant has proffered to provide a monetary contribution to Frederick County in the amount of $1,000,000.00 for the development of a new fire and rescue facility providing service to the Round Hill Community. It was noted that the applicant had not proffered any monetary contributions aimed at mitigating the potential impact of the residential units on such community facilities as Parks and Recreation, Public Safety, Library, and General Government. Conunissioner Thomas noted that staff had suggested a greater amount of area be dedicated for the park; he asked what percentage greater would be more appropriate. Mr. Ruddy replied that the Round Hill Land Use Plan identifies a lake visible from Route 50 and a farm pond internal to the property; he said between the two is a large area of environnentai features, including floodplains and wetlands. These features were identified during the crafting of the Round Hill Land Use Plan. Mr. Ruddy suggested increasing the area greater than 10% and less than 100%, but certainly consistent with the enviromnental features and floodplain that are located in this area. Commissioner Oates referred to the staff's comnent that the applicant should demonstrate how he will achieve a campus -style development; he asked the staff if they intended for design criteria to be included, additional landscaping, or some other criteria. Commissioner Oates said he would like to steer away from the typical box store within a sea of pavement and strive to create a nicer development. Pdr. Ruddy said the Land Use Plan calls for additional thought and layout in the design and he believed this was needed within the area of commercial buildings. Frederick County Planning Commission Page 24D Minutes of March 18, 2009 -8— Deputy Director -Transportation, John A. Bishop, noted that the applicant had offered a substantial transportation package. Mr. Bishop said there is an extensive asphalt trail and pedestrian improvements network throughout the development and in most cases, it develops along with the associated roadways. Mr. Bishop described the transpoi ation improvements associated with each phase of development in detail for the Commission. Mr. Evan W. Wyatt, with Greenway Engineering, was representing the Silver Lake rezoning request which included the Silver Lake commercial rezoning and the National Lutheran Home Medical Support District rezoning. Mr. Wyatt said the land uses, the transportation network, the provision of an opportunity for a new fire and rescue site, and the conversion of a public park into a passive open space area are all in conformance with the Land Use Plan and the Comprehensive Policy Plan. Mr. Wyatt proceeded to address the staff's outstanding issues, as follows: Regarding efforts to achieve a campus -style developrnert, Mr. Wyatt said the applicant is proffering street trees along all major roads; an existing mature woodland area will be preserved along Spinning Wheel Lane; and the bases on momm-nent signs will be consistently designed providing a subtle, but visually -recognizable stricture throughout the project. He said major intersections on Route 50 will have crosswalks, pedestrian activation on traffic signals, underground utilities, and proffered inter -parcel connectivity for the commercial uses. In addition, the 50-foot landscaped strip along Route 50 and Spinning Wheel Lane will contain ornamental shrubs, street trees, and a hiker/biker trail along the entire frontage of the property. Regarding the reconunendation to provide a greater area for the park and protect environmental features, Mr. Wyatt said the green area was originally envisioned to be a county -owned public park; however, the Parks & Recreation Board decided against taking the land and it reverted back to a passive open space area. He said this passive open space area is not a public park, although it has been equipped with amenities such as trails that link to Route 50, as well as the main parallel road to Route 50, Spinning Wheel Lane. Additional areas of woodland preservation will be provided with the MDP. Regarding efforts to extend the U4I) typical section along the entire length of Spinning Wheel Lane with the use of a landscaped median, Mr. Wyatt said the applicant is providing a landscaped raised median section from Route 50 back to the traffic circle; it transitions out of the traffic circle with some raised median and then continues as an urban section with four lanes, but does not have a raised grass median. He said the road improvement plan designed to tie into the retail is not a raised median, but a four -lane divided highway; he believed this design was consistent with what is perceived to be a campus -style development. It is recognized that this design is not consistent with Avhat is called for in the Round Hill Land Use Plan. Addressing potential impacts associated with commercial development beyond that evaluated, Mr. Wyatt explained the use of color coding for the various road segments and how it related to the project's phases of development. He said the color coding demonstrates phasing improvements, with lighter green to darker green in sequential order, and iuntil every improvement associated with each phase is provided, the applicant is capped at a certain square footage of conunercial along the way. For example, if the applicant has an opportunity to develop more than 180,000 square feet of retail use designated for Phase 1, the applicant would have to install all the improvements not only in the areas of very light green, but the next shade of green as well. Regarding the staff s continent that additional monetary contributions were not offered by the applicant for community facilities other than fire and rescue, Mr. Wyatt noted they have been working closely with the S anitation Authority and this project addresses the goals of the Comprehensive Policy Plan by contributing to the expansion of services further up the corridor towards the community center, as follows: 12-inch water and sewer lines will be installed to satisfy future growth in the area, although the applicant's needs on site require only eight - inch water and sewer lines; the applicant will install a one -million gallon tank as opposed to a 600,000-gallon water tank projected to be sufficient solely for the project's needs; and easements will be provided at no cost Frederick County Planning Commission Page 2438 Minutes of March 18, 2009 along the applicant's conninercial properties within the SWSA for connectivity by adjacent properties. The water and sewer improvements will not be done right away, but will occur as developinent proceeds. Mr. Wyatt stated that a fire and rescue station site has been proffered, along with a commitment to provide road access and utilities, if it is used. hi addition, he said there is a one -million -dollar monetary proffer payable within five years of the final rezoning approval. Mr. Wyatt commented that the County's Fiscal Impact Model indicated a 32.29 nnillion-dollar positive impact to the County with the projected commercial uses and the independent living units associated with the CCRC will pay real estate taxes, providing another revenue source to the County. Commmissioner Oates said that with regard to the campus -style setting, he was not looking for building placement, but more so for the applicant to go beyond the minimum requirements of the zoning ordinance for the parking areas, such as additional green area, open space, and more environmentally -friendly materials. Mr. Wyatt said that without a known layout detailing where office buildings and retail will be located and the scale and size of the structures, it was difficult to connrnit to a certain percentage of green parking within a landbay. Mr. Wyatt said there will be broken up areas, green areas for parking, and small plaza areas, included on the MDP. Commissioner Thomas said he would like to see an intent or commitment to a non -impervious parking area to the maximuin extent possible with more enviromnental collection areas for run-off. Mr. Wyatt said they would also like to see that because when projects are designed, they not only have to meet quantity measures, but quality measures and the county's ordinance requirement for all asphalt or concrete, curb and gutter, and hard -pipe, makes it difficult for engineers to reach an enviromnentally-friendly goal. Mr. Wyatt said he hoped the upcoming ordinance changes would ease restrictions and allover for that type of design. Chairman Wilmot next opened the public conunent portion of the public hearing. The following persons came forward to speak: Mr. Rodney Snapp, Back Creek District, came forward to speak on behalf of the Pound Hill Community Fire and Rescue Company. Chairman Wilmot recognized approximately six to ten fire and rescue personnel in attendance with Mr. Snapp. Mr. Snapp said the Round Hill Conununity Fire and Rescue Company greatly appreciates the intent of the applicant for the proffer to fire and rescue. He expressed concerns, however, about the lack of specificity in the language of the applicant's proffer designating the Round Hill Conurnuuty Fire and Rescue Company as the recipient of the monetary contribution and the acreage proffered for a new facility. He said the proffers are intended for the impacts to the first due company in the area, which is the Round Hill Conllnunity,Fire and Rescue Company. Unfortunately, the proffer language simply refers to "the County of Frederick for the Round Hill Community" as the recipient of the monetary contribution and acreage. He said theoretically, the money being proffered by the applicant intended for fire and rescue impacts could be used elsewhere. Mr. Snapp quoted language from the County's Amended Cash Proffer Policy, as follows: "... proffer funds received by Frederick County would be held for the use specified in the proffer language. In the case of funds proffered to offset impacts to fire and rescue services, in the absence of other proffered specifications, the funds will be earmarked for the first -due company in the area of the subject rezoning at the time the proffer funds are received." Chairman Wilmot asked for comment from the County Attorney, Mr. Roderick Williams. Mr. Williams made two points: First, that State Law does not clearly allow for anything other than proffers to the local government, itself. Second, the County's policy with respect to the cash proffer policy and the earmarking for first due companies is a guideline the County can follow in terns of how it proceeds on using proffered funds. He did not see any reason why this applicant's proffer statement, in its current form, would be contrary to that policy. Frederick County Planning Commission Page 14.iy Minutes of March 18, 2009 0 —10— 9 Mr. Chester Lauck, the Round Hill Community Fire and Rescue Company Chief, voiced a concern about the impacts of additional traffic on response times for fire and rescue vehicles traveling along Route 50. He suggested pre-emption devices on all the traffic signals installed along Route 50. Ms. Laura Campbell, a resident on Poor House Road, was concerned about increased traffic on Poor House Road. She asked if there was an estimate on the amount of traffic that would be generated by this proposal. Mr. Mike Mullen, a resident along Poor House Road, Gainesboro District, expressed his concern that not all residents along Poor House Road were notified of this public hearing. He said the public hearing sign was only up for a few days; he said he never received notification by mail and was only made aware of the meeting after he called about the posted sign. Mr. Mullen asked the Commission to table the rezoning in order to give those residents who just found out about the proposal time to respond. Mr. Robert (Bob) Carpenter, a resident of Gainesboro District, said he and his wife own property directly adjacent to this property and they are the parties who are in discussion with regard to the northern extension of Poor House Road. Mr. Carpenter said at this time, they have not yet reached a final agreement on the road, but are actively talking. He said there is greater potential for direct impact to his and his wife's property than anyone else along Poor House Road, simply because they have approximately '/z mile of adjoining common boundaries. Mr. Carpenter said they are concerned about this project and they have been in discussions with the applicant; he said the applicant has been very forthcoming with their plans. He also has had an opportunity to meet with the representatives from the National Lutheran Home and has seen the scope of the project they plan. He thought it would be a tremendous anchor and an encouragement for other good development on the remainder of the project. Mr. Carpenter believed the National Lutheran Home would bring an enhancement to the Route 50 corridor and to the Round Hill community. He said at this moment and based what he knows, both he and his wife supports this plan. No one else wished to speak and Chairman Wilmot closed the public comment portion of the hearing. Mr. Wyatt returned to the podium to address connments from the citizens. Mr. Wyatt said the purpose for the relocation of Poor House Road is to take traffic primarily off this area, where there are existing houses, and the road geometry is much less than desirable. He said the current traffic volume is about 1,200 trips and based on complete build out of the project, traffic is anticipated to increase by another 5,800-7,000 trips; however, those trips would be directed away from the existing houses along Poor House Road. Regarding Mr. Lauck's comment on the traffic signal pre-emption devices, Mr. Wyatt said if for some reason, the three -to -four acre site is not taken and the pre-emption at the Silver Lake signal is no longer a benefit, he would be willing to allow the pre-emption to transfer to the fully -funded traffic signal at the intersection of Poor House and Route 50. Conunission members had positive cornments about the proposal and commended the applicant and Greenway Engineering for a well -planned and well thought-out project. Cormnissioners believed this was a good project for Frederick County and they believed the National Lutheran Home component was a much needed asset to the community. A Conunission member stated that for the short term, this project could strengthen the economy in this area as far as the work that would be needed. Conunission members said they would like to see a commitment made by the Board of Supervisors that the proffered funds will stay within the Round Hill Coni nunity and that the fire and rescue station will benefit from those funds. Frederick County Planning Commission Yage z44u Minutes of March 18, 2009 0 —1 1— • Commissioner Triplet made a motion to recommend approval of the rezoning with proffers. This motion was seconded by Commissioner Thomas and was unanimously passed. BE IT RESOLVED, that the Frederick County Planning Commission does hereby recommend approval of Rezoning Application 401-09 of Silver Lake, LLC, submitted by Greenway Engineering, to rezone 239.96 acres from RA (Rural Areas) District to B2 (General Business) District, and 131.06 acres from RA District to MS (Medical Support) District, with proffers, for commnercial use and a Continuing Care Retirement Community (CCRC) use. (Note: Conunissioner Kriz was absent from the meeting.) COMMISSION DISCUSSION DISCUSSION OF AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 165, ZONING• SPECIFICALLY THE MI ZONING DISTRICT CHANGES TO ADDRESS ACCESSORY USES. Senior Planner, Candice E. Perkins, reported that in December 2008, the Board of Supervisors approved revisions to Section 165-26 Nvhich addressed secondary and accessory use requirements in the zoning. ordinance. Ms. Perkins said these new standards prohibited accessory retail in the M1 and M2 Zoning Districts; however, as this revision went through the public process, the actual M1 regulations were not updated to reflect the accessory use standards. Therefore, this ordinance revision has been prepared to strike accessory retailing from the M1 permitted uses and will also cover the M2 District. She said additionally, this ordinance revision will modify the text to show SIC uses 37-39 as permitted uses. Ms. Perkins stated this item was presented to the Development Review and Regulations Conunittee (DRRC) at their meeting on February 27, 2009. She said the DRRC understands the proposed ordinance revision is to update the M 1 District in order to be consistent with previously -approved updates. She said the DRRC reconuniended approval of the changes and reconurnended it be sent to the Planning Commission for discussion. Conunissioner Oates was concerned about how this amendment would affect existing retail uses and any plans for those uses to expand in the future; he asked if this amendment would prohibit them from doing additions. Ms. Perkins said that anything in affect prior to the adoption of the secondary use standards would be grandfathered; any type of retail expansions or new uses that would come in after that would be governed by Section 165-26. No other issues were raised. Ms. Perkins said this item will be forwarded to the Board of Supervisors with the Commission's comments for discussion. No action was needed at this time. Frederick County Plarming Commission Page 2441 Minutes of March 18, 2009 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. Eam)e,ddress, and telephone number of owner. V", 3. Name, address, and telephone number of developer. 4. Name, address, and telephone number of designer. 5. Signed certificate of surveyor, engineer, or architect. ✓ b. Date plan prepared and date of revisions. t/1 7. A listing of all conditions placed on the site as a result of a conditional zoning approval. Rezoning file number should — — be cited. v/ 8. A space labeled "Approved by the Director of Planning and Development" for the approval signature and date of approval. V-11 9. A space labeled "Approved by the County Administrator" for the approval signature and date of approval. 10. Magisterial District. V 11. Sheet size less than 42 inches. Page 13 • Frederick County, Virginia Master Development Plan Application Package General Information Yes No ✓ 1. Location map (scale 1:2000). ✓ 2. Scale of the MDP is not to exceed 1:100. ✓ 3. North Arrow. ✓ 4. Legend describing all symbols. ✓ 5. Surveyed boundaries of all lots and parcels. v/ 6. Acreage of all parcels included in the MDP. ✓ 7. Topography contour lines at acceptable intervals. ✓ S. 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. i 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. 14. Amount and percentage of disturbed and protected land in common open space. Page 14 Frederick County, Virginia Master Development Plan Application Package__ Residential Development Information Yes No i—) ) A 1. ✓ 2. 3. 4. 5. Infrastructure Information Location and dimension of Residential Separation Buffers. Acreage in common open space, ' housing ` in road rights -of -way, and for the entire development (by Phase). Location and boundaries of housing types. Residential Performance (RP) dimensional requirements should be indicated. Number of dwelling units (by type, phase, and in total). Location and configuration of required recreational facilities. Statement of required and type of facilities to be provided. Yes No 1. Location of adjoining streets and utilities. J 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 Develop :ent 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. 9. 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. 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. V 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 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 • 0 Request for Master Development Plan Comments Frederick County Department of Planning and DevelopmM > > 2009 Mail to: Hand deliver to: Frederick County 4` Floor Department of Planning and 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 the sheet. Applicant's Name: Greenway Engineering Address 151 Windy Hill Lane Winchester, VA 22602 Phone Number 540-662-4185 Name of development and/or description of the request: Silver Lake, LLC Master Development Plan - Commercial Retail/Office and Continuing Care Retirement Community Location of property: North side of Northwestern Pike (US Route 50 West); west of Retail Boulevard and east of Poorhouse Road (Route 654) Department of Planning and Development's Comments: Department of Planning and Development use only Date reviewed Review Number 1 2 3 4 5 (please circle one) Date reviewed Date approved Revision required Signature and Date GREENWAY ENGINEERING 151 Windy Hill Lane Founded in 1971 Winchester, Virginia 22602 TRANSMITTAL Project Name: Silver Lake LLC-Master Development Plan File No: 4928S Date: Tue, May 12, 2009 To: FC Planning Attn: Candice Perkins Copied Delivery: r- Fed Ex (7] Other_ Q U.S. Mail From: Evan Wyatt/dlm GREENWAY ENGINEERING Phone: 540-662-4185 Fax: 540-722-9528 EV] Courier r Pick Up [] Urgent a For Your Review [j As You Requested [j Please Comment Message Candice, Attached is the following for your review and comments: -Master Development Plan Application -List of adjoining property owners -2 copies of the Master Development Plan -Planning comment sheet Thank you for your assistance. Call with any questions Hand Delivery and Pick Ups Only: Received by: Date: MAY 1 1 2009 Time: Please Print Name: Map Data Source: Frederick County, Va. GIS Department, May 2009 Data • 0 T COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 May 22, 2009 Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Preliminary Review Comments for Silver Lake, LLC - Master Development Plan Property Identification Number (PINs): 52-A-50, 52-A-C, 52-A-63, 52-A-50A, 52-A-52 Dear Evan: Thank you for providing me with the opportunity to review the .preliminary master development plan for the proposed development referred to as Silver Lake. Staffs review comments are listed below for your consideration. 1. Project Information. On the coversheet in the project information table, include the total in B2, the total in MS, and the total MS residential density. 2. Adjoining Properties. On sheet 2 provide a column for the use of the property. 3. Buffer Detail. A detail for the RA (enhanced) buffer per proffer C9 needs to be provided. The road efficiency buffer needs to be revised to show a 6' berm and a double row of evergreen trees. Also, the use of a woodlands strip for a REB is not permitted in the Zoning Ordinance and there is no waiver opportunity. 4. Road Classifications and Names. ' On the MDP sheets, label the type of road so it corresponds to the details on sheet 6. Provide a. statement on sheet 3 that shows the names of the roads in the proffer statement and their: new, names. 5. Trail location. The 10' trail should be extended as indicated on sheet 3. Provide a detail of the trail on sheet 6. 6. Open Space. On sheet 3, indicate how much of the 26 acres of open space is in environmental features. 7. MS Dimensional Requirements. A table with the district requirements needs to be provided on sheet 4 instead of a reference to the MS Ordinance. 8. Acreage and Unit Breakdown. On sheet 3 the total area included in each housing type needs to be provided (minimum 3,000sf for sf units and 1,000 per bedroom for other uses). 9. Zoning District Buffer. The buffer between the MS and B2 needs to be clarified. The B2 shows a 50' Category B buffer and the MS shows 'a 50' woodlands strip. Only one buffer will be required between the two uses, clarify if the woodlands is intended to meet the screening requirements for the Category B Buffer; if so the entire woodlands area needs to be classified as an inactive buffer. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 17] Evan Wyatt; Greenway Engineering Silver Lake MDP May 22, 2009 Page 2 10. MS Agricultural Buffer. Per 165-102C(3) the 100' buffer is required to contain a single row of evergreen trees and a berm and the 200' buffer is required to contain a double tow of evergreen trees and a berm. The use of woodlands _in lieu of these elements is not permitted, however they can be used in addition. 11. B2 Sheet. Show the floodplain as disturbed under Trader Drive, show BRL's off of the option 2 road, extend the trail as indicated and provide the minimum landscaped area required. In order to continue the review of this Master Development Plan, you will need to submit all review agency approvals to this department. Once this information is received, and all review comments addressed, staff will schedule the application for review by the Planning Commission. Approvals are required from the following agencies: Frederick County Department of Parks & Recreation, Frederick County Public Schools, 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 Sanitation Authority, and the Virginia Department of Transportation. Please do not hesitate to contact me with questions regarding this letter. Sincerely, Candice E. Perkins, AICP — Senior Planner Attachment CEP/dlw 0 REVIEW AGENCY COMMETS Silver Lake, LLC - VDOT *ments to Master Development Plan . * Page 1 of 1 Evan Wyatt From: Funkhouser, Rhonda [Rhonda.Funkhouser@VDOT.Virginia.gov] on behalf of Ingram, Lloyd [Lloyd.ingram @ VDOT.virginia.gov] Sent: Thursday, May 21, 2009 2:10 PM To: Evan Wyatt Cc: Ingram, Lloyd; John Bishop; Smith, Matthew, P.E. Subject: Silver Lake, LLC - VDOT Comments to Master Development Plan The Master Development Plan for this property appears to have significant measurable impact on Route 50, the VDOT facility which would provide access to the property. This office has reviewed the Silver Lake, LLC Master Development Plan and feels it is acceptable. VDOT would like to see the street names used in the Proffer Statement changed to reflect the MDP street names. 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. Thank you for allowing us the opportunity to comment. <<S C N_20090521140506_001. pdf>> Lloyd A. Ingrain, Transportation Engineer Virginia Department of Transportation Edinburg Residency — Land Development 14031 Old Valley Pike Edinburg, Virginia 22824 Phone #(540) 984-5611 Fax # (540) 984-5607 5/21/2009 Control number MDP09-0001 Project Name Silver Lake Address 151 Windy Hill Lane Type Application Master Development Current Zoning MS,B2 C;GtEi►ELV Fire and R.fNS•(:"i.c -✓u l.,a t'}�,f,f 't y G t_ Date received Date reviewed Date Revised 5/12/2009 5/14/2009 Applicant Greenway Engineering City State Zip Applicant Phone Winchester VA 22602 540-662-4185 Tax ID Number Fire District Rescue District 52-A-50A,etc. 15 15 Automatic Sprinkler System No Other recommendation Emergency Vehicle Access Adequate Siamese Location Not Identified Emergency Vehicle Access Comments Access Comments Additional Comments Plan Approval Recommended Yes Election District Recommendations Gainesboro Automatic Fire Alarm System Residential Sprinkler System No No Hydrant Location Fire Lane Required Not Identified Yes Roadway/Aisleway Width Special Hazards Adequate No Reviewed By Signature J. Neal^,I`~S Title COUNTY of'FREDERICK Department of Public Works 5401665-5643 ,FAX.- 546/ 67&0682 May 2-.1, 2009. _W Evan Wyatt -Greqn,wAy. Engineering 151 Windy Hill.Lario W-ffichester, Virginui-2-2602 RP,,- Master -Development Plan for gilverLake, L-LO Frede � ,r-)ck'Cq4njy, Virginia I Deat'.E.Van-i 'The master development plan. for- Silver. take, LIX dated May 19,,209.: -has iaddquately; addressed, our review cornments discussed i:n -a-mee gn.. q iqg held our office .on May 19,2009., Therefore uggrailt our approval and reserve. the, right, to,.pjerfbrma detailed review future, site fu site .and/6t--.subdiv,isidft pkffit; related to, the approved nialster. devel(fpmerit 019h. Sincerely;. Harvey E- raws r iyder,, Jr P.E. .Director of Public Works, CeR Plarinjug:4-M, Development; file T.:Ufhqr!OikTE-MPGOKNtEN7W!tV]g"KK-LLC-MDPCiDM.doe 107 N rth'Ke t Street Winchester, VirginlaISDI 5006 FREDECK COUNTY SANITATION AHORITY SITE PLAN REVIEW COMMENTS PO Box 1877, Winchester, VA 22604 540.868.1061 Voice 315 Tasker Road, Stephens City, VA 22655 540.868.1429 Fax Project S/L. ViLC/'T /¢ /� Z / � Applicant REVIEW STATUS attention review number correct & resubmit approved as noted number of items to be corrected aap`proved DRAWINGS / send me by print of sheets You may submit just cover sheet and the revised sheets. 2. two CDs: each disc shall contain the following plan sheets a) One CD (containing all of the above noted sheets) shall be in PDF format. Each sheet shall be in its own file and be in landscape orientation. Each file shall be titled with the project name and appropriate sheet number. b) One CD (containing all of the above noted sheets) shall be in DWG format. Each sheet shall be in its own file and each sheet shall be titled with the project name and with the appropriate sheet number. Each sheet shall (1) be in landscape orientation, (2) be without border, (3) be in state plane coordinate system NAD 83, and (4) be compatible with AutoCAD 2006. c) Each of the two CDs shall be labeled with its format and project name, and placed in its own paper CD envelope. EASEM/ENTS / Y/N I need a copy of the recorded onsite water and / or sewer easement(s). Y / N I need a copy of the recorded offsite water and / or sewer easement(s). I need a copy of the recorded deed(s) of easement before service will be aF814) ��"" "" -�------ OTHER MECEIVED / Y / N This project also requires DEQ - Valley Region approval.JLII�I 0 , 49285 4411 Early Road, P.O. Box 3000, Harrisonburg, VA 22801 (540-574- 2QQ9 Y / N This project also requires VDH — Lexington Office approval. I GREEN WAY 131 Walker St., Lexington, VA 24450 (540-463- 7136) 1 ENGINEERING Y / N This project has a sewer pump station that FCSA will own. Title to the pump station site shall be granted to the Authority in fee simple absolute. Also, I require (1) a copy of DEQ's Certificate to Construct, (2) a copy of DEQ's Certificate to Operate, and (3) two copies of the station's O & M manual. These documents must be received before water meters will be released. Date: f C1114/ 0 9 n G. Whitacre - Senior Engineer 11 NOV 08 0 • 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) 665-5614 (540) 665-5614 The GIS Department 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: Greenway Engineering Address 151 Windy Hill Lane Winchester, VA 22602 Phone Number 540-662-4185 Name of development and/or description of the request: Silver Lake, LLC Master Development Plan - Commercial Retail/Office and Continuing Care Retirement Community Location of property: North side of Northwestern Pike (US Route 50 West); west of Retail Boulevard and east of Poorhouse Road (Route 654) GIS Dept. Comments: GIS OFFICE USE ONLY: Date reviewed Incomplete Date reviewed Signature and Date Date revision received Incomplete �� mate annroved�f ) �J Date approved Revision required N INFORMATION TECHNOLOGIES COUNTY OF FREDERICK VIRGINIA W E STREET NAME COMMENTS SUBDIVISION COMMENTS S DATE: May 15, 2009 SUBDIVISION: Silver Lake LLC STAFF MEMBER: Annie Cahill, GIS Technician APPLICANT: Greenway Engineering ATTN: Evan Wyatt 151 Windy Hill Ln Winchester, VA 22602 COMMENTS: The Frederick County Department of GIS has reviewed the requested road names for use by the subdivision and has made the following determinations: 1. The following road names have been APPROVED and ADDED into the Frederick County Road Naming and Structure numbering system: Storefront PI 2. Lutheran Home Blvd must intersect with Monument Dr. Road names can only change at intersections. Future Petticoat Gap Ln will also intersect with Monument Dr. Pending a written approval from the property owners, GIS will continue the name Lutheran Home Blvd and replace future Petticoat Gap Ln. 3. Structure numbering will be assigned during the permitting and construction phase of development. 4. Road names are not approved and accepted into the Frederick County Road Naming and Structure Numbering System without plats or plans delineating location, access from current road system, location, entire length Frederick County Information Technologies, 107 North Kent Street, Winchester, VA 22601, (540)665-5614 RECEIVED MAY 16 ?PP,9 GREENWAY ENGINEERING • 0 N INFORMATION TECHNOLOGIES COUNTY OF FREDERICK, VIRGINIA W E STREET NAME COMMENTS SUBDIVISION COMMENTS S DATE: May 12, 2009 SUBDIVISION: Silver Lake LLC STAFF MEMBER: Annie Cahill, GIS Technician APPLICANT: Greenway Engineering ATTN: Evan Wyatt 151 Windy Hill Ln Winchester, VA 22602 COMMENTS: The Frederick County Department of GIS has reviewed the requested road names for use by the subdivision and has made the following determinations: 1. The following road names have been APPROVED and ADDED into the Frederick County Road Naming and Structure numbering system: Trader Dr Lutheran Home Blvd Corporate PI Clocktower Ridge Dr Monument Dr Countrymen Dr Guildhall Way, Allegiance Dr Procession Way Reverence Sq Advowson PI Borough Ter Hamlet Cir Prominance Cir* *The dictionary spelling of this name is Prominence -please advise if you would like the spelling amended 2. The following road names are DENIED use because of conflict, either by spelling or by phonetics, with road names already in the Frederick County Road Naming and Structure Numbering System: Lupton PI (1 1 6 ° 6) 3. Lutheran Home Blvd must intersect with Monument Dr. Road names can only change at intersections. Future Petticoat Gap Ln will also intersect with Monument Dr. 4. Clocktower Ridge Dr will intersect with Procession Way, see attached map • . 0 5. Procession Way will intersect with Reverence Sq, see attached map 6. Reverence Sq will start at Prominance and its terminus will be a dead end, see attached map 7. Structure numbering will be assigned during the permitting and construction phase of development. 8. Road names are not approved and accepted into the Frederick County Road Naming and Structure Numbering System without plats or plans delineating location, access from current road system, location, entire length Frederick County Information Technologies, 107 North Kent Street, Winchester, VA 22601, (540)665-5614 Request for Master Development Plan Comments Frederick County Inspections Department Mail to: Hand deliver to: Frederick County Inspections Department 41Floor Attn: Building Official 107 N. Kent Street 107 N. Kent Street 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) copies of the MDP with the sheet. Applicant's Name: Greenway Engineering Address 151 Windy Hill Lane Winchester, VA 22602 Phone Number 540-662-4185 Name of development and/or description of the request: Silver Lake, LLC Master Development Plan - Commercial Retail/Office and Continuing Care Retirement Community Location of property: North side of Northwestern Pike (US Route 50 West); west of Retail Boulevard and east of Poorhouse Road (Route 654) Frederick•unty Inspections Department'sComments: No (-6MME-Al-T PE6U6EA 8 �gL2 --IZMC- - !SHALL CoMffiEN7- Frederick County Inspections use only Date reviewed Review Number 1 2 3 4 5 (please circle one) Date reviewed Date approved � Revision required Signature and Date �� 1 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°d Floor 107 N. Kent Street 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) copies of the MDP with the sheet. Applicant's Name: Greenway En ineering Address 151 Windy Hill Lane Winchester, VA 22602 Phone Number 540-662-4185 Name of development and/or description of the request: Silver Lake, LLC Master Development Plan - Commercial Retail/Office and Continuing Care Retirement Community Location of property: North side of Northwestern Pike (US Route 50 West); west of Retail Boulevard and east of Poorhouse Road (Route 654) Department of Parks and gecreation's Con)ments: Department of Parks and Recreation use only Date reviewed Review Number 1 2 3 4 5 (please circle one) Date reviewed Date approv Revision required Signature and Date MAY 19 2009 GREENWAY ENGINEERING 0 GREEN AYENGINEERING, wo. 151 Windy Hill Lane Winchester, Virginia 22602 Founded in 1971 June 3, 2009 Frederick County Planning Department Attn: Candice Perkins, Senior Planner 107 North Kent Street Winchester, VA 22601 RE: Silver Lake, LLC Master Development Plan Revisions Dear Candice: The purpose of this letter is to provide you with information pertaining to the master development plan revisions associated with your May 22, 2009 review of this project. Please note the following: 1) Sheet 1 has been modified to include the acreage totals with the B2 District and the MS District, as well as the total residential density in the MS District. 2) Sheet 2 has been modified to include a column in the adjoining property owner table to provide for the land uses of these properties. 3) Sheet 3 has been revised to include a buffer detail for the road efficiency buffer associated with the MS District parcel, as well as an enhanced residential separation buffer on the B2 District parcel associated with Proffer Section C7. 4) Sheets 3-5 have been revised to label the type of road to conform to the typical sections provided on Sheet 6. Additionally, Sheets 3 and 6 have been revised to identify the changes to road names (Spinning Wheel Lane and Silver Lake Road) from the rezoning application process to comply with the County's E911 road naming requirements. 5) Sheets 3 and 5 have been revised to incorporate the additional trail location areas as requested. Sheet 6 has been revised to provide for a typical section for the 10'- wide asphalt trail. 6) Sheet 4 has been revised to provide for the total open space area within the MS District parcel that is located within defined environmental features. 7) Sheet 4 has been revised to provide a table with applicable MS District dimensional requirements for the National Lutheran Home CCRC. File #4928S Engineers Surveyors Planners Environmental Scientists Telephone 540-662-4185 FAX 540-722-9528 www.greenwayeng.com 8) Sheet 4 has been revised to incorporate a table that calculates the total lot area required for the independent living units, the assisted care units and the skilled nursing units, as well as the total lot area provided for each product. 9) Sheets 3 and 4 have been revised to further clarify the zoning district buffer between the MS District parcel and the B2 District parcel. 10) Sheets 3-5 have been modified to incorporate narratives regarding the use of the mature woodlands areas to satisfy the buffer requirements against adjoining agricultural land uses. 11) Sheets 3 and 5 have been modified to identify the areas of floodplain disturbance associated with the construction of Trader Drive. Additionally, building restriction line information has been provided along the Option #2 extension area for Corporate Place and the 15% minimum landscaped area has been provided in the B2 District dimensional requirements table. 12) Sheet 1 has been revised to provide for signature approval lines for the County Administrator and the Director of Planning. 13) Sheet 4 has been modified to include labeling in the legend for the dashed lines that depict the CCRC land bay development areas. It is my understanding that these revisions have been reviewed and are determined to satisfy your preliminary review comments for this project. Therefore, we will proceed with the formal submittal of this master development plan for inclusion on the July 1, 2009 Planning Commission agenda and the July 22, 2009 Board of Supervisors agenda. Thank you for your assistance regarding this project. Sincerely, Evan'X�att, AICP Greenway Engineering File #4928S 2 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 May 22, 2009 Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Preliminary Review Comments for Silver Lake, LLC - Master Development Plan Property Identification Number (PINS): 52-A-50, 52-A-C, 52-A-63, 52-A-50A, 52-A-52 Dear Evan: Thank you for providing me with the opportunity to review the preliminary master development plan for the proposed development referred to as Silver Lake. Staff s review comments are listed below for your consideration. 1. Project Information. On the coversheet in the project information table, include the total in 132, the total in MS, and the total MS residential density. 2. Adjoining Properties. On sheet 2 provide a column for the use of the property. 3. Buffer Detail. A . detail for the RA (enhanced). buffer per proffer C9 needs to be provided. The road efficiency buffer needs to be revised to show a 6' berm and a double row of evergreen trees. Also, the use of a woodlands strip for a REB is not permitted in the Zoning Ordinance and there is no waiver opportunity. 4. Road Classifications and Names. On the MDP sheets, label the type of road so it corresponds to the details on sheet 6. Provide a statement on sheet 3 that shows the names of the roads in the proffer statement and their new names. 5. Trail location. The 10' trail should be extended as indicated on sheet 3. Provide a detail of the trail on sheet 6. 6. Open Space. On sheet 3, indicate how much of the 26 acres of open space is in environmental features. 7. MS Dimensional Requirements. A table with the district requirements needs to be provided on sheet 4 instead of a reference to the MS Ordinance. 8. Acreage and Unit Breakdown. On sheet 3 the total area included in each housing Type needs to be provided (minimum 3.,000sf for sf units and 1,000 per bedroom for other uses). 9. Zoning District Buffer. The buffer between the MS and B2 needs to be clarified. The 132 shows a 50' Category B buffer and the MS shows a 50' woodlands strip. Only one buffer will be required between the two uses, clarify if the woodlands is intended to meet the screening requirements for the Category B Buffer, if so the entire woodlands area needs to be classified as an inactive buffer. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Evan Wyatt; Greenway Engineering Silver Lake MDP May 22, 2009 Page 2 10. MS Agricultural Buffer. Per 165-102C(3) the 100' buffer is required to contain a single row of evergreen trees and a berm and the 200' buffer is required to contain a double tow of evergreen trees and a berm. The use of woodlands .in lieu of these elements is not permitted, however they can be used in addition. 11. B2 Sheet. Show the floodplain as disturbed under Trader Drive, show BRL's off of the option 2 road, extend the trail as indicated and provide the minimum landscaped area required. In order to continue the review of this Master Development Plan, you will need to submit all review agency approvals to this department. Once this information is received, and all review comments addressed, staff will schedule the application for review by the Planning Commission. Approvals are required from the following agencies: Frederick County Department of Parks & Recreation, Frederick County Public Schools, 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 Sanitation Authority, and the Virginia Department of Transportation. Please do not hesitate to contact me with questions regarding this letter. Sincerely, Candice E. Perkins, AICP Senior Planner Attachment CEP/dlw 0 • /t\ GREENWAY ENGINEERING %47 151 Windy Hill Lane Founded in 19"1 Winchester, Virginia 22602 T R A N S M I T T A L Project Name: Silver Lake, LLC Master Development Plan File No: 4928S Date June 4, 2009 To: FC Planning From: Evan Wyatt Attn: Candice Perkins GREENWAY ENGINEERING Phone: 540-662-4185 Copied Fax: 540-722-9528 Delivery: ❑ Fed Ex ❑ U.S. Mail ® Courier ❑ Pick Up ❑ Other ❑ Urgent ® For Your Review ® As You Requested ❑ Please Comment Message: Hi Candice, Please find attached the information required for formal submittal of the Silver Lake, LLC Master Development Plan. Please schedule this project for the July 1, 2009 Planning Commission agenda and the July 22, 2009 Board of Supervisors agenda and contact me if you need any additional information at this time. Thank you, Evan Hand Delivery and Pick Ups Only: Received By: Date: Time 2009 Please Print Name: L JUN 4 2009 Document Approval Form I � - r 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 s joqQandice Mark Dana Eric Mike John COMMENTS: Received by Clerical Staff (Date & Time): ;�21 09 10 .•✓ P m U:\Pam\Common\Document Approval Form.wpd COUNTY of FREDERICK Department of Planning & Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 JUN 2 5 2nn) Triad Engineering, Inc. P.O. Box2397 ---, Winchester, Virginia 22604 r p (Va ►1sd --=� 016H26508243 $ 00.440 06/19/2009 Mailed From 22601 US POSTAGE X 201 NFE 1 609C 00 08/24/09 FORWARD TIME EXP RTN TO SEND :TRIAD ENGINEERING INC 200 AVIATION DR WINCHESTER VA 2.2602-4522 RETURN TO SENDER I)I)III II11ll„111)1i1111 I It? I I) I I I l 111) I, I„ I I I II