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Home My WebLink About21-06 Comments/CorrespondenceFILE caP'1 TO: Finance Department FROM: Pam Deeter, Office Assistant II SUBJECT: Return Of Sign Deposit DATE: March 27, 2007 MEMORANDUM The amount of $100.00 was deposited in line item #3 -010 019110 -0008 for the company named below had a deposit for two signs for Rezoning #21 -06 for Willow Run. The company has returned the sign and is therefore entitled to the return of the deposit. You may pay this through the regular bill cycle. Please send a check in the amount of $100.00 to: RSA/pd 3J.7f Miller Smith at Willow Run 8401 Greensboro Dr. Suite 300 McLean, VA 22102 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 1108 Net Amount 39097.00 to tri rro z� C C t rj ti H 2 N p CJ Cr] (n z rtiz rR1 K C� �L=1 H zEz1 Hr ti 0 x ro CI X Z H H ro 11 C 0 y n 0 a tzl(D H X MI 0 bd 1-3 It Cu 11 Z ,t• 0 rt rt (D tQ F-' (D N (D (D Di o 1 v 11 ai tri I-'- d Iv CD I- Po 0 0 F-•■ J G F U) rt I-• (D I-' (D a. CI cn C7 H 7: H ••••,o 0(D11 (DW1-1• N O U> •U> -El> -UT in. •0> 0 '0 Cli 4.Q rt 0 o rt rt I" (D 7s' o (n (n (D v' 4fi 4# rt rt (D H 0 H H N C cn cn In (n 0 0 0 Or* ai C) a t p R 7 N N N 0 II tW t\ o G• N�y r�,a4 y00 N q p w„ r` R S �co 'CI ft V V k co u 0, o d y p eo o� R p, act 0'. o tJ a A o eo i i g 1` 6 a N c, d uo co o 0 rll r o• rn '0 d N \`%%0 '8 "4 t° ca p R ,0 Z T, 1 R 1-3 x R o 0 00 0 o 000 0 H 0 F-i O N O r) o CD CD 1- In O W N) Cn Ui (0 NO o:'o0 O O 'O Delivery: Other Urgent Founded in 1971. T R A N S M I T T A L Project Name: Willow Run Final Traffic Impact Analysis File No: 3800WG Date March 6, 2007 Copied To: FC Planning Attn: Susan Eddy Fed Ex For Your Review GREENWAY ENGINEERING 151 Windy Hill Lane Winchester, Virginia 22602 U.S. Mail From: Evan Wyatt/ GREENWAY ENGINEERING Phone: 540 -662 -4185 Fax: 540 -722 -9528 El Courier Pick Up As You Requested Please Comment Message: Hi Susan, Please find attached the complete TIA dated 6 -22 -06 as requested. Thank you, Evan Hand Delivery and Pick Ups Only: Received By: Date: T R A N S M I T T A L Project Name: Willow Run Proffer Statement File No: 3800WG Date February 21, 2007 Attn: Susan Eddy Copied Founded in 1971 To: FC Planning GREENWAY ENGINEERING 151 Windy Hill Lane Winchester, Virginia 22602 1 From: Evan Wyatt/ GREENWAY ENGINEERING Phone: 540- 662 -4185 Fax: 540- 722 -9528 FE5 2 1 2007 Delivery: ['Fed Ex U.S. Mail Courier Pick Up El Other Urgent For Your Review F1 As You Requested Please Comment Message: Hi Susan, Please find attached the final Proffer Statement for Willow Run with original c that we are filing for the February 28, 2007 Board of Supervisors agenda. attached summary sheet for two additional revisions that have been made sinc met to discuss this project. Please contact me if you have any questions information or if you need any additional information. Thank you, Evan wner signatures Please note the you and I last regarding this Hand Delivery and Pick Ups Only: Received By: Date: Current Language Edits Proposed Revision Route 37 /Jubal Early Drive Interchange FEB 2 1 2007 The Applicants hereby proffer to fully fund and construct the new Route 37 /Jubal Early Drive interchange northbound and southbound on and off ramps utilizing roundabout design and using the existing bridge structure prior to the issuance of the 600 residential building permit. The Applicants shall bond the new northbound and southbound on and off ramps no later than the issuance of the 300 building permit. Additionally, the Applicants hereby proffer to dedicate right -of -way sufficient to allow for the construction of a two -lane roundabout on the east side of Route 37 at such time as requested by VDOT. Furthermore, the Applicants proffer to allow the developer construction dollars to be utilized as matching funds unconditionally by Frederick County for additional transportation system improvements. The Applicants hereby proffer to fully fund and construct the new Route 37 /Jubal Early Drive interchange northbound and southbound on and off ramps utilizing roundabout design and using the existing bridge structure. prior to the issuance of the 600' The Applicants shall bond commence construction of the new northbound and southbound on and off ramps within 24 months of final non appealable rezoning approval and shall have this improvement available for public use within 60 months of final non appealable rezoning approval or no later than the issuance of the 408 600 building permit, whichever occurs first. Additionally, the Applicants hereby proffer to dedicate right -of -way sufficient to allow for the construction of a two -lane roundabout on the east side of Route 37 at such time as requested by VDOT. Furthermore, the Applicants proffer to allow the developer construction dollars to be utilized as matching funds unconditionally by Frederick County for additional transportation system improvements. The Applicants hereby proffer to fully fund and construct the new Route 37 /Jubal Early Drive interchange northbound and southbound on and off ramps utilizing roundabout design and using the existing bridge structure. The Applicants shall commence construction of the new northbound and southbound on and off ramps within 24 months of final non appealable rezoning approval and shall have this improvement available for public use within 60 months of final non appealable rezoning approval or no later than the issuance of the 600 building permit, whichever occurs first. Additionally, the Applicants hereby proffer to dedicate right of -way sufficient to allow for the construction of a two -lane roundabout on the east side of Route 37 at such time as requested by VDOT. Furthermore, the Applicants proffer to allow the developer construction dollars to be utilized as matching funds unconditionally by Frederick County for additional transportation system improvements. Current Language Edits Proposed Revision Aquatic Center The Applicants hereby proffer to deed a 5 -acre site to Frederick County within the commercial center area to allow for the development of an aquatic center. The Applicants shall receive recreational value credit for this acreage, which shall be the appraised value at time of dedication; however, the aquatic center shall not count towards the commercial floor space that is guaranteed in Sections B(5) and B(6). The 5 -acre site shall be deeded to Frederick County within 90 days of an executed irrevocable contract for the construction of the aquatic center and approval of road design plans for public access by VDOT and the County. If a contract is not executed for the construction of the aquatic center within 3 years from the date of final non appealable rezoning approval, the proffer to deed the 5 -acre site shall become null and void and the Applicants shall provide the recreational amenities specified in Section F(1) of this proffer statement. The Applicants hereby proffer to deed a 5 -acre site to Frederick County within the commercial center area to allow for the development of an aquatic center. The Applicants shall receive recreational value credit for this acreage, which shall be the appraised value at time of dedication; however, the aquatic center shall not count towards the commercial floor space that is guaranteed in Sections B(5) and B(6). The 5 -acre site shall be deeded available to Frederick County for a period of 5 years from the date of final non appealable rezoning approval and shall be deeded to Frederick County within 90 days of written request by an executed irrevocable for public access by VDOT and the County. If a contract is not executed for the construction of the County does not request the 5 -acre site for the aquatic center within 5 years from the date of final non appealable rezoning approval, the proffer to deed the 5 -acre site shall become null and void and the Applicants shall provide the recreational amenities specified in Section F(1) of this proffer statement. The Applicants hereby proffer to deed a 5 -acre site to Frederick County within the commercial center area to allow for the development of an aquatic center. The Applicants shall receive recreational value credit for this acreage, which shall be the appraised value at time of dedication; however, the aquatic center shall not count towards the commercial floor space that is guaranteed in Sections B(5) and B(6). The 5 -acre site shall be available to Frederick County for a period of 5 years from the date of final non appealable rezoning approval and shall be deeded to Frederick County within 90 days of written request by the County. If the County does not request the 5 -acre site for the aquatic center within 5 years from the date of final non appealable rezoning approval, the proffer to deed the 5 -acre site shall become null and void and the Applicants shall provide the recreational amenities specified in Section F(1) of this proffer statement. T R A N S M I T T A L Project Name: Willow Run Rezoning File No: 3800WG Date February 20, 2007 Copied Delivery: Fed Ex Found in 1971 To: FC Planning Attn: Susan Eddy Candice Perkins Urgent For Your Review Message: Hi Susan and Candice, Please find attached 30 color copy sets of all maps and exhibits associated with the Willow Run Rezoning Application, as well as 34 sets of the 11 x 17 Master Development Plan for the February 28, 2007 Board meeting. I will submit the final revised proffer statement as soon as we obtain the final owner signatures which should occur today or tomorrow at the latest. Please review this information and advise me of any additional information that you need at this time. Thank you, Evan Hand Delivery and Pick UjWOhly Received By: li f !L 142_!° P1 GREENWAY ENGINEERING 151 Windy Hill Lane Winchester, Virginia 22602 U.S. Mail FEB 2 0 2007 From: Evan Wyatt/ GREENWAY ENGINEERING Phone: 540- 662 -4185 Fax: 540 -722 -9528 Courier p Pick Up As You Requested Please Comment COMMENTS ON THE WILLOW RUN PROJECT By: David Worthington, Land Owner in Frederick County February 6, 2007 Because of workload commitments that Roger Thomas understands 1 am unable to make the following comments in person. I appreciate this opportunity for my words to be read and entered into the public hearing portion of the meeting. First off, I want to thank Mr. Woody Bousquet and Mr. Jim Lawrence for their actions concerning the protection of the Abrams Creek wetlands. This is a critical environmental feature in Frederick County and I am glad that through their combined efforts, and the willingness of the applicant, that this area appears to be saved, to a point. However, while this project contains some environmental protections, it lacks these same protections in other areas of the project. For example, there are large areas of mature forests on the Willow Run property. County staff in its November 9 letter to the applicant noted that "some woodlands merit particular attention. Tree save areas of key woodlands, including the trees and associated stone wall along Orchard Lane, should be evaluated and shown on the MDP However, the applicant's response seems to indicate that this request to protect key tree save areas has been largely ignored and it appears that this applicants intent is to clear cut most, if not all, of the mature forested areas within the project. The applicant's response does acknowledge the existence of these areas but states that the mature woods will be essentially impacted by construction and that perhaps a linear, single strand of trees, might be accommodated. No tree save areas is shown on the MDP. The consequence of this clear cutting action is dire to the wildlife in the area. Unlike previous proposed projects where wildlife had an opening to escape the construction activities there is no such opening for this project. This project is bounded by Rt 37 on the west, Cedar Creek Grade and further development to the south and residential areas to the east. There is simply no place for wildlife to stay or go. Unfortunately, if this project is approved in its present form wildlife will die as a result. 1 make this statement, not as an environmental novice but as one who has studied wildlife for years. Furthermore, I doubt this is the legacy that we want to remember the Willow Run project by; one of suffering and death. This project also contains a number of fragmented open space areas which do not help the wildlife at all. However, there is a solution that can resolve these concerns and still allow the applicant to build a substantial number of houses. If the applicant provides for tree save areas of the mature woodlands and connects these with open space corridors they can provide protection for the indigenous wildlife. This is not difficult to accomplish and is in keeping with the proposed Urban Development Area guidelines for green infrastructure. It will also add an attractive feature to the project by incorporating nature into the design. Therefore, I ask the applicant to review this suggestion and incorporate it into their master plan for the project. I also ask that the Planning Commission members request this action from the applicant so that the County is provided a project that resolves all environmental issues. I am also concerned with an apparent disconnect in the applicant's proposal. In the January 2007 proffer statement the applicant stated that "the only disturbance that will be permitted in the DSA or the resource protection area (RSA) adjacent to the wetland areas will be for road crossing, utility crossing and pedestrian and bicycle facility crossing However, the master plan appears to shows two sections of residential housing in the RSA area. These two areas of housing, both north of the Jubal Early Drive extension, is out of character with the rest of the DSA and RSA areas and, if not within these boundaries, certainly poses a threat to them. I know of no way for either the County or a homeowners association to keep these residents from adversely affecting this environmentally sensitive area. Therefore, I ask the applicant to remove these houses from the master plan and protect this area from development in keeping with the intent of the January proffer statement. I also ask that the Commissioners request this action, if needed. In closing, I also request that the applicant protect the existing historic properties and revises its proposal accordingly. These houses are as much a treasure as the wooded areas that surround them and much like them deserve protection. I hope that the Planning Committee shares this view and will work to provide this protection. I thank you for your time and appreciate your attention to my comments. Sincerely, David L. Worthington January 24, 2007 Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 RE: Proposed Rezonings of Rutherford Crossing and Willow Run Dear Evan: Attached you will find copies of the latest comments from the County Attorney's office concerning the proposed proffer statements for the rezonings of Rutherford Crossing and Willow Run. Please do not hesitate to contact me should you have any questions or concerns. Sincerely, Susan K. Eddy, AICP Senior Planner SKE/bhd Attachments C Tf ILE 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 nictea RICK Department of Planning and Development 540/665 -5651 FAX: 540/665 -6395 Message: Hi Susan, T R A N S M I T T A L Project Name: File No: Date To: Attn: Copied Founded in 197; Willow Run Proffer Statement 3800WG January 22, 2007 FC Planning Susan Eddy Delivery: Q Fed Ex U.S. Mail Other Urgent For Your Review Please find attached Page 5 -7 of the Willow Run Proffer Statement and Page 1 of the Will Run Community Design Modification Document that has beem revised to reflect the additi� language that we discussed this afternoon. Please use this as slip sheet replacements for 1 document and advise me if you need any additional information at this time. Thank you, Evan Hand Delivery and Pick Ups Only: Received By: GREENWAY ENGINEERING 151 Windy Hill Lane Winchester, Virginia 22602 Date: 1 From: Evan W atti GREENWAY ENGINEERING Phone: 540- 662 -4185 Fax: 540- 722 -9528 Courier 0 Pick Up I. Ii; !IL JAN 232007 _PL As You Requested Please Comment Copied Founded in 1971 T 6.0 A N S M I T T A L Project Name: Willow Run Proffer Statement File No: 3800WG Date January 22, 2007 To: FC Planning Attn: Susan Eddy Delivery: Fed Ex U.S. Mail Other Urgent For Your Review GREENWAY ENGINEERING 151 Windy Hill Lane Winchester, Virginia 22602 From: Evan Wyatt/ GREENWAY ENGINEERING Phone: 540- 662 -4185 Fax: 540- 722 -9528 Z Courier Pick Up Z As You Requested Please Comment Message: Hi Susan, Please find attached Page 5 -7 of the Willow Run Proffer Statement and Page 1 of the Willow Run Community Design Modification Document that has beem revised to reflect the additional language that we discussed this afternoon. Please use this as slip sheet replacements for these document and advise me if you need any additional information at this time. Thank you, Evan Hand Delivery and Pick Ups Only: Received By: Date: Greenway Engineering 3. The Applicants hereby proffer to utilize similar construction materials and similar development themes for all commercial development within Willow Run. The principal construction materials that are visible from the adjacent community streets shall be limited to brick, stone, artificial stone, simulated stucco, cementous siding, wood, glass, standing seam metal, dimensional shingles, or false roof systems. These construction materials shall be utilized on all building walls and rooflines. Additionally, the Applicants proffer to restrict business signs to monument style that are a maximum of 15 feet in height and to building mounted signs. Furthermore, the Applicants proffer to incorporate into the Willow Run Property Owners Association "POA Declaration or sub association declaration provisions creating an Architectural Review Board "ARB master organization, which shall be responsible for the review and approval of all exterior construction materials for commercial development. 4. The Applicants hereby proffer to design the commercial center to ensure that no parking lots are located between the commercial buildings fronting along Jubal Early Drive and Sandyridge Boulevard (Main Street). This standard shall not prohibit the provision of on street parking along the public streets within the commercial center. 5. The Applicants hereby proffer to guarantee the completion of 10,000 square feet of commercial floor space prior to the issuance of the building permit for the 600 dwelling unit, exclusive of building permits for model homes. File #3800WG/2006 'END REZONING/EAW September 1, 2005 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2006 Revised October 24, 2006 Revised November 18, 2006 Revised December 11, 2006 Revised January 4, 2007 5 The Applicants hereby proffer to deed a 5 -acre site to Frederick County within the commercial center area to allow for the development of an aquatic center. The Applicants shall receive recreational value credit for this acreage, which shall be the appraised value at time of dedication; however, the aquatic center shall not count towards the commercial floor space that is guaranteed in Sections B(5) and B(6). The 5 -acre site shall be deeded to Frederick County within 90 days of an executed irrevocable contract for the construction of the aquatic center and approval of road design plans for public access by VDOT and the County. If a contract is not executed for the construction of the aquatic center within 3 years from the date of final non appealable rezoning approval, the proffer to deed the 5 -acre site shall become null and void and the Applicants shall provide the recreational amenities specified in Section F(1) of this proffer statement. Greenway Engineering 6. The Applicants hereby proffer to guarantee the construction of an additional 10,000 square feet of commercial floor space after the issuance of the 600 dwelling unit, but no later than the issuance of the 1,000" dwelling unit, exclusive of building permits for model homes. 7. The Applicants hereby proffer to prohibit the following commercial land uses within Willow Run: Gasoline Service Stations and Outdoor Gasoline Pumps Exterior Boarding Kennels Electric, Gas Other Utility Transmission and Distribution Facilities Automotive Dealers Automotive Repair Golf Driving Ranges Miniature Golf Courses Electrical Supplies (Wholesale) Hardware, Plumbing Heating Equipment (Wholesale) Commercial Outdoor Batting Cages Adult Retail All land uses within the B3, Industrial Transition District and M1, Light Industrial District that are not otherwise permitted in the B2, Business General District. No individual tenant shall be permitted to occupy a single floor area greater than 50,000 square feet except for grocery stores and the aquatic center C.) Master Development Plan 1. The Master Development Plan is intended to delineate the general location of all road systems including the new interchange at Route 37 using the existing bridge, Jubal Early Drive from the City of Winchester to the new interchange at Route 37, the commercial and residential main street, the location of residential and commercial development areas, the location of residential land uses, the location of the community center park area and neighborhood park areas, and the general location of the extended Green Circle pedestrian and bicycle facility within Willow Run. The Applicants have identified elements of the Master Development Plan that are intended to be flexible that can be revised without the requirement of a conditional zoning amendment for the proffered Master Development Plan. These standards are described within Modification #1 Master Development Plan Flexible Design Elements of the Community Design Modification File #3800W012006 TND REZONINGIEAW September 1, 2005 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2006 Revised October 24, 2006 Revised November 18, 2006 Revised December 11, 2006 Revised January 4, 2007 NO C'JRRTITT Greenway Engineering D.) Transportation Enhancements File #3800WG/2006 TND REZONING/EAW September 1, 2005 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2006 Revised October 24, 2006 Revised November 18, 2006 Revised December 11, 2006 Revised January 4, 2007 7 21, 19 7 1 9 Document submitted as a •proffered document for this rezoning application. The Applicants hereby proffer to fully fund and construct Jubal Early Drive as a four -lane divided landscaped median section, including the realignment of Meadow Branch Avenue from the current terminus in the City of Winchester to Route 37 as described in proffers D(2) D(4). The Applicants hereby proffer to dedicate the right -of -way for Jubal Early Drive between the City of Winchester and Merriman's Lane to Frederick County prior to the issuance of the 200 building permit. Bonding for this dedicated right -of -way shall be provided during the construction phases of Jubal Early Drive specified in proffers D(2) D(4). 2. The Applicants hereby proffer to fully fund and construct the four -lane divided landscaped median section of Jubal Early Drive from the current terminus in the City of Winchester to the second intersection identified on the proffered Master Development Plan which shall be designed and constructed to base pavement prior to issuance of the 3or residential building permit and bonded to ensure that the top coat of asphalt is guaranteed. 3. The Applicants hereby proffer to fully fund and construct the four -lane divided landscaped median section of Jubal Early Drive from the terminus of the completed phase at the second intersection to the first commercial center intersection identified on the proffered Master Development Plan which shall be designed and constructed to base pavement prior to issuance of 450 residential building permit and bonded to ensure that the top coat of asphalt is guaranteed. 4. The Applicants hereby proffer to fully fund and construct the four -lane divided landscape median section of Jubal Early Drive from terminus of the completed phase at the first commercial center intersection to the Route 37 northbound on and off ramps which shall be designed and constructed to base pavement prior to issuance of 600 residential building permit and bonded to ensure that the top coat of asphalt is guaranteed. MODIFICATION #1 165 -68 Rezoning Procedure Master Development Plan Ordinance Requirement CLIRRE ?TT In order to have land rezoned to the R4 District, a master development plan, meeting all requirements of Article XVIII of this chapter, shall be submitted with the rezoning application. The rezoning shall be reviewed and approved following the rezoning procedures described by this chapter, including procedures for impact analysis and conditional zoning. In adopting the rezoning, the master development plan submitted will be accepted as a condition proffered for the rezoning. Alternative Design Standard In order to have land rezoned to the R4 District, a master development shall be submitted with the rezoning application. The rezoning and master development plan shall be reviewed and approved following the procedures described in Article II of this chapter. The master development plan shall be submitted as a proffered condition of the rezoning and shall serve as an overall guide for the development of the R4 District property. The following items will be considered as flexible design elements of the master development plan and will be permitted to be modified through subsequent master development plan submittals without the requirement for conditional zoning amendments as specified in 165 -13D of this chapter. Master Development Plan Flexible Design Elements The Proffer Statement and Community Design Modification Document may be referenced on the Master Development Plan but does not have to be included as a required information item The scale of the Master Development Plan may exceed 1:100 provided that the information is legible at a scale acceptable to the Planning Director. A schedule and boundary of phases will not be required for the R4 District to allow for multiple product types to be developed simultaneously provided that the public and private streets and alleys serving the land uses are constructed to base pavement and bonded prior to building permit issuance. Acreages of environmental features will be provided on the initial master development plan and may be modified due to design revisions and/or development constraints provided that minimum ordinance standards are not exceeded. Acreages and percentages of disturbed and protected land in environmental features and open space may be modified due to design revisions and/or development constraints provided that minimum ordinance standards are not exceeded. Willow Run Community Design Modification Document 1 Attachment SKE /bad Thank you for your continued assistance. cc: John R. Riley, Jr., County Administrator or TO: Robert T. Mitchell, Esquire FROM: Susan K. Eddy, AICP, Senior Planner .5 RE: Rezoning Application Proffer Statement DATE: January 19, 2007 107 North Kent Street, Suite 202 Winchester, Virginia 22601 5000 Department of Planning and Development 540/665 -5651 FAX: 540/665 -6395 Please find attached to this memorandum the proffer statement for Willow Run dated January 4, 2007. You had previously reviewed a Willow Run proffer statement dated June 27, 2006. In general, I believe the applicant has incorporated the comments in your letter dated October 23, 2006. I wanted to draw your attention to specific proffers in the January 4 version that are new or materially changed from the version that you reviewed. They are listed below: A6 new; B1 revised; B2 revised; B7 (last two bullets) new; D5 revised; D7 new; D 10 revised; D14 new; F1 revised. Your comments on the above listed proffers would be appreciated. Willow Run is scheduled for the Planning Commission on February 7; therefore, this is the department's highest priority for review. Founded in 1971 GREENWAY ENGINEERING 151 Windy Hill Lane Winchester, Virginia 22602 TRANSMITTAL Project Name: Willow Run Proffer Statement File No: 3800WG Date January 16, 2007 To: FC Planning From: Evan Wyatt/ Attn: Susan Eddy GREENWAY ENGINEERING Phone: 540- 662 -4185 Copied Fax: 540- 722 -9528 Delivery: Fed Ex U.S. Mail Other Urgent For Your Review Courier Pick Up As You Requested Please Comment Message: Hi Susan, Please find attached the January 4, 2007 Proffer Statement for Willow Run with the original notarized owner signatures. This is the original of the same proffer statement that I discussed with you at the end of last week. Please contact me if you have any questions or if you need any additional information regarding this matter. Thank you, Evan Hand Delivery and Pick Ups Only: Received By: Date: JAN 1 6 2007 Founded in 1971 December 22, 2006 Frederick County Planning Department Attn: Susan Eddy, Senior Planner 107 North Kent Street Winchester, VA 22601 RE: Willow Run Rezoning and Master Development Plan Public Hearing Dear Susan: At the conclusion of the December 19, 2006 Planning Commission and Board of Supervisors work session for Willow Run, staff advised that the Rezoning and Master Development Plan Applications would be scheduled for the January 17, 2007 Planning Commission Agenda. Our project team has learned that the Commonwealth Transportation Board (CTB) is scheduled to consider the request for Limited Access Break for the new Jubal Early Drive interchange at Route 37 during their January session that is scheduled for January 18, 2007 through January 19, 2007. The Willow Run property owners understand that the CTB action for the Limited Access Break For this regional transportation improvement is significant to the Planning Commission and Board of Supervisors; therefore, we would request that the Rezoning and Master Development Plan Applications be scheduled for the February 7, 2007 Planning Commission Agenda. Our project team feels that this will assist the Planning Commission in their decision making process and will still allow for this project to be considered by the Board of Supervisors on February 28. 2007 if these applications are moved forward. Thank you for your assistance with the Willow Run project. Please contact me if you have any questions regarding this request or if you need any additional information at this time. Sincerely, GREENWAY ENGINEERING, INC. 151 Windy Hal Lane Winchester, Virginia 22602 ft Evan Wyatt, AIC Grcemvay Engineering Cc: Willow Run Project Team Pile M /G Engineers Surveyors Telephone 540- 662 -4185 FAX 540- 722 -9528 www.greenwayeng.com DEC 2 2 2006 Copied Founded in 1971 To: FC Planning Attn: Susan Eddy Delivery: Fed Ex U.S. Mail Other Urgent For Your Review GREENWAY ENGINEERING 151 Windy Hill Lane Courier Pick Up Project Name: Willow Run Rezoning Master Development Plan Applications File No: 3800WG Date December 22, 2006 From: Evan Wyatt/ GREENWAY ENGINEERING Phone: 540- 662 -4185 Fax: 540- 722 -9528 Winchester, Virginia 22602 DEC 2 2 2006 A N S M I T T A L As You Requested Please Comment Message: Hi Susan, Please find attached a letter requesting that the Willow Run Rezoning and Master Development Plan Applications be rescheduled for the February 7, 2007 Planning Commission Agenda. Please advise me if you need any additional information at this time. Thank you, Evan Hand Delivery and Pick Ups Only: Received By: Date: TO: Frederick County Planning Commission Frederick County Board of Supervisors FROM: Susan K. Eddy, AICP, Senior Planner SKE DATE: December 14, 2006 RE: December 19th PC Staff Application Briefing Willow Run Rezoning As Planning Commissioners are aware, a staff application briefing on the Willow Run rezoning application will take place on Tuesday, December 19, 2006 at 12:00 p.m. in the Board of Supervisors Meeting Room. Members of the Board of Supervisors are also invited. Planning Commissioners and Board Members were sent extracts from the rezoning application on December 12, 2006. Today, the applicant forwarded staff a revised proffer statement that he would like considered at the briefing next week. This proffer statement, dated December 11, 2006, is attached. The proposed change is the inclusion of land for a county aquatic center. Changes have been made to proffers B(2) and F(1). The applicant is proposing, should the County request it, to reduce the commercial land area by five acres to provide land for an aquatic enter and also to receive recreational value credit for this land and apply it toward the required recreational units. Although the proffer statement is not signed, 1 have been informed that the property owners have given their consent. Feel free to contact me if you need further information SKE/bhd Attachment 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 COUNTY of FREDERICK Department of Planning and Development 540/665 -5651 FAX: 540 /665 -6395 Greerrway Engineering REZONING: PROPERTY: RECORD OWNER: APPLICANT: PROJECT NAME: ORIGINAL DATE OF PROFFERS: Preliminary Matters WILLOW RUN TRADITIONAL NEIGHBORHOOD DEVELOPMENT PROFFER STATEMENT Fie #3800W&2006 7ND REZONING/EAW September 1.2005 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2006 Revised October 24, 2006 Revised November 18, 2006 Revised December t d, 2006 RZ# 16 -05 Rural Areas (RA) District to Residential Planned Community (R4) District (359.97± acres) 359.97± -acres (here-in after the "PROPERTY") Tax Map Parcels 53- ((A)) -90; 53- ((A)) -91; 53-((A))- 92;.53- ((A))- 92A; 53- ((A)) -92B; 53- ((A)) -94; 53- ((3)) -A 63- ((A)) -2A Willow Grove L.C.; 740 LLC; 750 LLC; Miller and Smith at Willow Run L L C Greystone Properties, LLC Willow Grove L.C.; 740 LLC; 750 LLC; Miller and Smith at Willow Run L L C Greystone Properties, LLC WILLOW RUN September 1, 2005 REVISION DATE: November 4, 2005; November 30, 2005; May 18, 2006; June 27, 2006; September 26, 2006; October 24, 2006; November 18, 2006; December 11, 2006 Pursuant to Section 15.2 -2296 et. seq. of the Code of Virginia, (1950, as amended), (the "Code and the provisions of the Frederick County Zoning Ordinance (the "Ordinance") with respect to conditional zoning, the undersigned Applicants (as hereinafter defined) hereby proffer that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #16-05 for the rezoning of 359.97± acres from the Rural Areas (RA) District to Residential Planned Community (R4) District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Applicants (as hereinafter defined) and such be approved by the Frederick County Board of Supervisors in accordance with the Gremway Engineering said Code and Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and shall have no binding effect whatsoever. Upon approval of such rezoning, these proffers shall be binding upon the Applicants (as hereinafter defined) and their successors and assigns. The subject property, identified as Willow Run, and more particularly described as the lands owned by Willow Grove L.C., 740 LLC, 750 LLC, Miller and Smith at Willow Run, L.L.C., and Greystone Properties, LLC, (the "Applicants being all of Tax Map Parcels 53- ((A)) -90, 53- ((A)) -91, 53- ((A)) -92, 53- ((A)) -92A, 53 -((A)) -920, 53- ((A)) -94, 53- ((3)) -A and 63- ((A)) -2A; and further as shown on the Final Plat for Boundary Line Adjustment Between the Lands of Willow Grove L.C. and Miller and Smith at Willow Run L L C prepared by Marsh Legge Land Surveyors, P.L.C. dated April 27, 2004, together with the Deed for Greystone Properties, LLC, from Pembroke Cove Properties, L L C recorded as Instrument 030024683 and containing an attached plat prepared by Marsh Legge Land Surveyors, P.L.C. recorded in Deed Book 886 Page 447 and an attached plat prepared by Lee A. Ebert, C.L.S. recorded in Deed Book 543 Page 247, together with the Deed for Miller and Smith at Willow Rum, L.L.C., from Melee, Inc., recorded as Instrument 040017302 (collectively, the "Property"). A.) Residential Land Use I. The Applicants hereby proffer to limit the total number of residential units to 1,390 dwelling units, exclusive of the existing residential units on the subject properties. 2. The Applicants hereby proffer to limit the number of residential building permits to a maximum of 200 building permits during each calendar year until the buildout of Willow Run, exclusive of age restricted residential units and model homes. The Applicants shall be permitted to carry forward up to a maximum of 100 residential building permits that are not obtained during each calendar year to the ensuing calendar year; however, in no case shall the number of residential building permits, including age restricted residential units exceed a total of 300 issued in any calendar year. File 03800We/2006 TND REZONING/RAW September 1,2005 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised lime 27, 2006 Revised September 26, 2006 Revised October 24, 2006 Revised November It, 2006 Revised December 11, 2006 PROF k ER STATEMENT Willow Run Residential Unit Matrix Category Minimum of Units Maximum of Units Housing Types Permitted Single Family Detached 20% 35% RP District SFD; 35' SFD lot; 45' SFD lot; 55' SFD lot Single Family Attached 20% 40% Duplex; Multiplex; Atrium House; Weak -Link Townhouse; Townhouse Multifamily 20% 30% Condominium; Apartments; 2" Floor Residential Above Commercial Age Restricted 5% 20% Single Family Small Lot; Duplex; Multiplex Cnecnway Engineering September 1, 2005 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27.2006 Revised Sepmober 26, 2006 Revised October 24, 2006 Revised November 18, 2006 Revised December 11, 2006 3 3. The Applicants hereby proffer to provide for a mixture of housing types within Willow Run consistent with the minimum and maximum percentages and permitted housing types identified in the Willow Run Residential Unit Matrix as set forth below: 4. The Applicants hereby proffer to develop age restricted dwelling units within Willow Run, the total number of which shall fall within a 5% minimum to 20% maximum range of the total number of residential units. Except to the extent otherwise prohibited by the Virginia Fair Housing Law, the Federal Fair Housing Law, and other applicable federal, state, or local legal requirements, any dwelling unit within the portions of the Property identified as age restricted housing shall be restricted to housing for older persons as defined in Va. Code Ann. 36 -96.7, or a surviving spouse not so qualifying. No person under 19 years of age shall be permitted to be regularly domiciled or to reside permanently therein. The restriction provided for herein shall also be in the form of a restrictive covenant with respect to the residential portion of the Property designated as age restricted, and any sub- File W5800WG2006 TND REZONING/ERN,/ Geee:may Engineering B.) Commercial Land Use alt #380DWOJ2006 7ND REZONING'EAW September 1. 2005 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised lune 27.2006 Revised September 26, 2006 Revised October 24.2006 Revised November ti, 2006 Revised December 11, 2006 4 associations created with respect thereto shall have assigned responsibility for the enforcement and administration of the said age restricted covenant. 5. The Applicants hereby proffer to provide a double row of evergreen trees between the southern most residential structure and Cedar Creek Grade to minimize viewshed impacts from the Homespun property. The double row of evergreen trees shall be planted on 10 -foot centers and shall be a minimum of four feet in height when planted. These trees shall be planted in conjunction with the improvements specified in Section D(11) of this Proffer Statement. 1. The Applicants hereby proffer to designate a commercial center area and neighborhood commercial area along the Jubal Early Drive corridor as delineated on the proffered Willow Run Master Development Plan. The commercial center area and neighborhood commercial area shall be a minimum of 32.4 acres, which constitutes 9% of the targeted 10% total commercial area specified by Ordinance. The Applicants proffer to rezone the right -of -way associated with the relocation of Merriman's Lane (Route 621) following abandonment by VDOT which will be absorbed into the commercial center area as described in Modification #4 of this Proffer Statement. The Applicants proffer of right -of -way dedication for the new Route 37 /Jubal Early Drive interchange shall not count towards the total commercial acreage; however, should additional right -of -way for said interchange be needed in the future, the Applicants shall not be required to provide additional commercial acreage. 2. The Applicants hereby proffer to deed a 5 -acre site to Frederick County within the commercial center area to allow for the development of an aquatic center. The Applicants shall receive recreational value credit for this acreage, which shall be the appraised value at time of dedication. The 5 -acre site shall be deeded to Frederick County within 90 days of an executed irrevocable contract for the construction of the aquatic center and approval of road design plans for public access by VDOT and the County. If a contract is not executed for the construction of the aquatic center within 3 years from the date of final non appealable rezoning approval, the proffer to deed Gfeeaway Engineering 3. The Applicants hereby proffer to utilize similar construction materials and similar development themes for all commercial development within Willow Run. The principal construction materials that are visible from the adjacent community streets shall be limited to brick, stone, artificial stone, simulated stucco, cementous siding, wood, glass, standing seam metal, dimensional shingles, or false roof systems. These construction materials shall be utilized on all building walls and rooflines. Additionally, the Applicants proffer to restrict business signs to monument style that are a maximum of 15 feet in height and to building mounted signs. Furthermore, the Applicants proffer to incorporate into the Willow Run Homeowners Association "HOA Declaration or sub association declaration provisions creating an Architectural Review Board "ARB master organization, which shall be responsible for the review and approval of all exterior construction materials for commercial development. 4. The Applicants hereby proffer to design the commercial center to ensure that no parking lots are located between the commercial buildings fronting along Jubal Early Drive and Sandyridge Boulevard (Main Street). This standard shall not prohibit the provision of on street parking along the public streets within the commercial center. 5. The Applicants hereby proffer to guarantee the completion of 10,000 square feet of commercial floor space prior to the issuance of the building permit for the 600 dwelling trait, exclusive of building permits for model homes. 6. The Applicants hereby proffer to guarantee the construction of an additional 10,000 square feet of commercial floor space after the issuance of the 600 dwelling unit, but no later than the issuance of the 1,000 dwelling unit, exclusive of building permits for model homes. 7. The Applicants hereby proffer to prohibit the following commercial land uses within Willow Run: Exterior Boarding Kennels Electric, Gas Other Utility Transmission and Distribution Facilities 3- Automotive Dealers Automotive Repair Fik 03800WG/2006 TND REZONING/SAW September 1. 20)5 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised September 26.2006 Revised October 24, 2006 Revised November t8, 2006 Revised December 11, 2006 the 5 -acre site shall become null and void and the Applicants shall provide the recreational amenities specified in Section F(1) of this proffer statement. Creenway Engineering C.) Master Development Plan D.) Transportation Enhancements Fde #3800WCJ2006 7hD RQONLNG/ AW September 1, 2005 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised lime 27, 2006 Revised September 26, 2006 Revised October 24, 2006 Revised November 18, 2006 Revised December 11, 2006 Golf Driving Ranges Miniature Golf Courses Electrical Supplies (Wholesale) Hardware, Plumbing Heating Equipment (Wholesale) Commercial Outdoor Batting Cages Adult Retail All land uses within the B3, Industrial Transition District and Ml, Light industrial District that are not otherwise permitted in the B2, Business General District. 1. The Applicants hereby proffer to fully fund and construct Jubal Early Drive as a four -lane divided landscaped median section, including the realignment of Meadow Branch Avenue from the current terminus in the City of Winchester to Route 37 as described in proffers D(2) 13(4). 1, The Master Development Plan is intended to delineate the general location of all road systems including the new interchange at Route 37 using the existing bridge, Jubal Early Drive from the City of Winchester to the new interchange at Route 37, the commercial and residential main street, the location of residential and commercial development areas, the location of residential land uses, the location of the community center park area and neighborhood park areas, and the general location of the extended Green Circle pedestrian and bicycle facility within Willow Run. The Applicants have identified elements of the Master Development Plan that are intended to be flexible that can be revised without the requirement of a conditional zoning amendment for the proffered Master Development Plan. These standards are described within Modification #1 Master Development Plan Flexible Design Elements of the Community Design Modification Document submitted as a proffered document for this rezoning application. Grunway Engineering 2. The Applicants hereby proffer to fully fund and construct the four -lane divided landscaped median section of Jubal Early Drive from the current terminus in the City of Winchester to the second intersection identified on the proffered Master Development Plan which shall be designed and constructed to base pavement prior to issuance of the 300 residential building permit and bonded to ensure that the top coat of asphalt is guaranteed. 3. The Applicants hereby proffer to fully fund and construct the four -lane divided landscaped median section of Jubal Early Drive from the terminus of the completed phase at the second intersection to the first commercial center intersection identified on the proffered Master Development Plan which shall be designed and constructed to base pavement prior to issuance of 450 residential building permit and bonded to ensure that the top coat of asphalt is guaranteed. 4. The Applicants hereby proffer to fully fund and construct the four -lane divided landscape median section of Jubal Early Drive from terminus of the completed phase at the first commercial center intersection to the Route 37 northbound on and off ramps which shall be designed and constructed to base pavement prior to issuance of 600 residential building permit and bonded to ensure that the top coat of asphalt is guaranteed. 5. The Applicants hereby proffer to fully fund and construct the new Route 37 /Jubal Early Drive interchange northbound and southbound on and off ramps utilizing roundabout design and using the existing bridge structure prior to the issuance of the 600 residential building permit. Additionally, the Applicants hereby proffer to provide right of -way sufficient to allow for the construction of a two -lane roundabout on the east side of Route 37. Furthermore, the Applicants proffer to allow the developer construction dollars to be utilized as matching funds unconditionally by Frederick County for additional transportation system improvements. 6. The Applicants hereby proffer to fully fund and construct the realignment of approximately 1,010 feet of the two -lane section of Merriman's Lane (Route 621) to the north of Jubal Early Drive to create a `1" intersection, which shall be designed and constructed to base pavement prior to issuance of the 600 residential building permit and bonded to ensure that the top coat of asphalt is guaranteed. File #3800WCJ2006 "END RE7.ONINQ/EAW September 1, 2005 ReviseCNo emnber 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2006 Revised October 24, 2006 Revised November 18, 2006 Revised December 11.2006 crernwxy Engimeaing 7. The Applicants hereby proffer to dedicate the right -of -way required for the completion of Jubal Early Drive, the Route 37 northbound on and off ramps and the Merriman's Lane realignment within five years of final non appealable Rezoning and proffered Master Development Plan approval if these transportation improvements are not constructed. 8. The Applicants hereby proffer to fully fund and construct the extension of Cidermill Lane from the current terminus in the City of Winchester into the Property. The extension of Cidermill Lane shall be barricaded until the Applicants have completed the construction of Jubal Early Drive and the new Route 37 /Jubal Early Drive interchange northbound and southbound on and off ramps. The barricade for Cidermill Lane shall include a sign advising adjoining neighbors of the planned continuation of this road. 9. The Applicants hereby proffer to execute a signalization agreement with VDOT to fully fund traffic signalization with pedestrian actualization at the intersection of Jubal Early Drive and Meadow Branch Avenue. This traffic signal shall be installed when warranted by VDOT. 10. The Applicants hereby proffer to execute a signalization agreement with VDOT to fully fund traffic signalization with pedestrian actualization at the intersection of Jubal Early Drive and the Merriman's Lane north realignment. This traffic signal shall be installed when warranted by VDOT. 11. The Applicants hereby proffer the construction of the ultimate intersection improvements at the intersection of Birchmont Drive and Cedar Creek Grade, including right and left turn lanes on Cedar Creek Grade and right and left turn lanes on Birchmont Drive. These improvements shall be installed prior to the issuance of any residential occupancy permit that is solely dependent upon this intersection for ingress and egress, exclusive of model homes, and shall be installed no later than the issuance of the 200 residential permit. 12. The Applicants hereby proffer to design Birchmont Drive to provide for traffic chokers and/or chicanes at three locations along the street system. The locations of these traffic calming features shall be provided on the Subdivision Design Plan within proximity of the northern, central and southern portions of Birchmont Drive. File #3800W02006 TND REZON1NG/EAW September 1, 2035 Revisal November 4, 2005 Revised November 30, 2005 Revisal Stay l& 2006 Revised lime 27, 2036 Revised September 26, 2006 Revised October 24, 2005 Revised November 18, 2006 Revised December 11, 2006 Greenwxy Engineering 13. The Applicants hereby proffer to execute a signalization agreement with VDOT to fully fund traffic signalization at the intersection of Cedar Creek Grade and Birchmont Drive. This traffic signal shall be installed when warranted by VDOT. 14. The Applicants hereby proffer to fully fund and construct Birchmont Drive to connect between Cedar Creek Grade and Jubal Early Drive to base pavement by the issuance of the 200 residential building permit, exclusive of model homes. 15. The Applicants hereby proffer to provide a monetary contribution to the City of Winchester totaling $100,000.00 to mitigate off -site transportation impacts to street intersections that will experience traffic flow degradation as a result of the development of Willow Run as indicated in the Willow Run Traffic impact Analysis. This monetary contribution shall be provided to the City of Winchester in four annual payments of $25,000.00 each, of which, the first payment shall occur 12 months from the date of final non appealable rezoning approval with the remaining payments being made in 12 -month increments from the date of the first payment. Said monetary contribution may be utilized as matching funds for transportation programs utilized by the City of Winchester. Evidence of these monetary contribution payments shall be provided to the Frederick County Planning Department. 16. The Applicants hereby proffer to construct all subdivision streets to the ultimate section as identified on the VDOT typical section sheet of the proffered Master Development Plan. 17. Where private alley systems are utilized within Willow Run, the Applicants hereby proffer to design and construct the private alley systems as one -way travel within a minimum 14 -foot wide easement having a minimum of 12 feet of pavement with mountable curb on each side of the pavement along the entire alleyway, and as two -way travel within a minimum 20 -foot easement having a minimum of 18 feet of pavement with mountable curb on each side of the pavement along the entire alleyway. The vertical sectional dimension of pavement thickness and compacted base thickness will meet public street pavement standards utilized by the Virginia Department of Transportation. All private alleys that intersect other private alleys at 90- degree angles or have turns at 90- degree angles shall provide for a Fx138 ncD RF753111NCrtANt September 1.2005 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised lure 27, 2006 Revised September 26. 2006 Revised October 24, 2006 Revised November 18, 2006 Revised December 11, 2006 Greenway Engineering E.) Monetary Contributions File #3800WCJ2006 'IND REZONING/RAW September t, 2005• Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27. 2006 Revised September 26, 2006 RevundOctvta 24, 2006 Revised November 18, 2006 Revised December 11, 2006 minimum turning radius of 30 feet. The maintenance of all private alley systems shall be the responsibility of the HOA or sub associations for Willow Run. 1. The Applicants hereby proffer a monetary contribution for each dwelling unit that is non -age restricted in the amount of $9,078 to mitigate impacts to capital facilities as identified in the Frederick County Capital Facilities Fiscal Impact Model Output Module prepared by the Frederick County Planning Department on July 21, 2005. This monetary contribution provides for the total fiscal impacts for non -age restricted dwelling units, as commercial fiscal credit is only given for 10,000 square feet of the 20,000 square feet of commercial land use that is guaranteed in Sections B(5) and B(6) of this Proffer Statement- This monetary contribution shall be provided to Frederick County at the time of building permit issuance for each non -age restricted dwelling unit. The Applicants hereby proffer a monetary contribution for each age restricted dwelling unit in the amount of 52,000.00 to mitigate impacts to all County services, exclusive of Public Schools as identified in the Frederick County Capital Facilities Fiscal Impact Model Output Module prepared by the Frederick County Planning Department on July 21, 2005. This monetary contribution shall be provided to Frederick County at the time of building permit issuance for each age restricted dwelling unit. 3. In addition to the monetary proffers provided for fire and rescue service as part of the proffer set forth in Section E(1) above, the Applicants hereby proffer to contribute a total of 550,000.00 to further support the Round Hill and Shawnee Volunteer Fire and Rescue Companies in Frederick County and the City of Winchester, which will provide first response service to Willow Run. The 550,000.00 monetary contribution shall be provided through separate payments of $25,000.00 to Frederick County and $25,000.00 to the City of Winchester. These payments shall be provided to each locality at the time of building permit issuance for the first residential dwelling unit within Willow Run. Additionally, the Applicants will establish a provision in the HOA or sub associations' documents which will 10 Go;enway Engineering F.) Community Recreation File 113800WG2006 TND RE20t NG/EAW September 1. 203S Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27.2006 Revised September 26, 2006 Revised October 24.2006 Revised November 18, 2006 Revised December 11, 2006 11 provide a payment of $100.00 per occupied residential unit on an annual basis to the City of Winchester for Fire and Rescue Services. This payment to the City of Winchester for Fire and Rescue Services shall continue until such at time that a new Route 37 interchange is developed at Jubal Early Drive with southbound off -ramp access. Evidence of the payments to the City of Winchester described in this section shall be provided to the Frederick County Planning Department. The Applicants hereby proffer to provide $1000.00 for each non -age restricted residential lot to Frederick County for the purpose of site acquisition funding for the Public School system. This payment shall be provided at the time of building permit issuance for each non -age restricted residential dwelling unit within Willow Run. 5. The monetary contributions identified in the Frederick County Capital Facilities Fiscal Impact Model Output Module prepared by the Frederick County Planning Department on July 21, 2005 shall be limited to that amount for all building permits issued for the initial 30 months following approval of the final non appealable proffered Master Development Plan. All monetary contributions paid after the 30 -month timetable shall be adjusted every 24 months in accordance with the Urban Consumer Price Index "CPI -U") published by the United States Department of Labor, subject to a cap of 4% per year, non compounded. 1. The Applicants hereby proffer to construct a community center building that is an enclosed, year round heated facility with restrooms and a catering kitchen facility that is a minimum of 4,000 square feet in floor area, which shall count towards the active recreational amenity requirement for Willow Run. The community center building shall be constructed and available for use by residents of Willow Run prior to the issuance of the 600 building permit. The maintenance of the community center building shall be the responsibility of the HOA or sub associations for Willow Run. In the event that Frederick County does not acquire the 5 -acre aquatic center site specified in Section B(2) of this proffer statement, the Applicants hereby proffer to provide for an outdoor community pool facility with a combined water surface Getaway Engineering File 43800W IND RF2ONINGEAW September 1.2005 Revised November 4. 2005 Revised November 30, 2005 Revisal May 18, 2006 Revised June 27, 2006 Revisal September 26.2006 Revised October 24, 2006 Revised November 18, 2006 Revised Decemba 11, 2006 12 area of 3,500 square feet, which shall be completed prior to the issuance of the 600 residential permit. 2. The Applicants hereby proffer to construct a community center building for the exclusive use of the age restricted portion of Willow Run that is an enclosed, year round heated facility with resirooms and a catering kitchen facility that is a minimum of 2,000 square feet in floor area and shall count towards the active recreational amenity requirement for Willow Run. The age restricted community center building shall be constructed and available for use prior to the issuance of the building permit for the 60 age restricted dwelling unit. The maintenance of the age restricted community center building shall be the responsibility of the J-IOA or sub associations for Willow Run. 3. The Applicants hereby proffer to design and construct a public extension of the Green Circle pedestrian and bicycle facility located along the south side of Jubal Early Drive that connects the developed portion within the City of Winchester throughout the limits of the commercial center area This public pedestrian and bicycle facility shall be 10 feet in width and have an asphalt surface, and shall count towards the active recreational amenity requirement for Willow Run. This facility shall be constructed concurrently with the adjoining sections of Jubal Early Drive as specified in Sections D(2) D(4) of this Proffer Statement. 4. The Applicants hereby proffer to design and construct an internal pedestrian trail system, which shall count towards the active recreational amenity requirement for Willow Run. This internal pedestrian trail system shall be six feet in width and have an asphalt surface. The various segments of the internal trail system shall be bonded, the open space dedicated and constructed in conjunction with each residential section in which the trail system is located. The internal pedestrian trail system shall be private and shall be owned and maintained by the flOA or sub associations for Willow Run. A public access easement shall be established along the portion of the internal pedestrian trail system located around the 5 -acre man-made water feature and along the segment continuing south along Sandyridge Boulevard. ti Away Engineering c. d. File 10800WG72006 TND REZONIMG✓EAW September 1.2005 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2006 Revised October 24, 2006 Revised Novcmba 18, 2006 Revised December 11, 2006 G.) Community Curbside Trash Collection 1. The Applicants hereby proffer to provide commercial trash pickup and waste removal service to all residential land uses and the community center facilities within Willow Run. The commercial trash pickup and waste removal service shall be established by deed covenant and shall be assigned to the HOA or sub associations at such time as identified in the legal documents setting forth the guidelines for the Willow Run HOA. The commercial trash pickup and waste removal service shall remain in effect and be the responsibility of the HOA or sub association until such time as this service is provided by Frederick County or other municipal providers. 11.) Creation of Homeowners Association 1. A HOA or sub associations shall be created by the Applicants in conformity with the Virginia Property Owners' Association Act (Title 55, Chapter 26 of the Code of Virginia, 1950, as amended). The HOA or sub associations shall have title to and/or responsibility for: a. All common areas including, but not Iimited to, buffer areas, internal pedestrian trail systems and stormwater management facilities not otherwise dedicated to public use or maintained by commercial entities. b. Maintenance of private streets and alleyways. Residential curbside trash collection. 13 Maintenance of community structures and facilities called for under Sections F(1) through F(4) above. 2. The Applicants hereby proffer to incorporate into the Declaration creating the Willow Run HOA or sub associations, provisions creating an Architectural Review Board "ARB The purpose of the ARB will be to review and approve all initial construction applications, and exterior additions and alterations to the existing commercial structures and dwelling units within Willow Run to ensure that all design Crceaway EZginemng 1.) Environmental Ale #3800WC12006 TND REZONING'EAW September 1, 2005 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised lune 27, 2006 Revised September 26, 2006 Revisal October 24, 2006 Revised November 18, 2006 Revised December 11, 2006 14 guidelines established by the Applicants are met, together with all such other duties and responsibilities as may be imposed by the Declaration. 3. The Applicants hereby proffer to incorporate into the Declaration creating the Willow Run HOA or sub associations, provisions establishing an assessment to be collected at the time of the initial transfer of title to any residential lot in Willow Run (whether to a builder or otherwise) as well as at the time of any subsequent transfer of title. Such sums shall be paid to the HOA or sub association, as appropriate, for use in the maintenance and upkeep of the common areas, as determined by the Board of Directors of the HOA. 1. The Applicants hereby proffer to identify and delineate a developmentally sensitive area "DSA boundary on the proffered Master Development Plan. The DSA will identify the location of wetland areas Information regarding potential impacts within the DSA and methods for mitigation will be incorporated as a component of the Subdivision Design Plans or Site Development Plans for any portion of the Property that adjoins wetland areas. 2. The Applicants hereby proffer to conduct a geotechnical analysis on all residential lots that are platted within 100 feet of the major karst feature located on tax map parcel 53- ((A)) -91 prior to the issuance of building permits for such lots. 3. The Applicants hereby proffer to provide a resource protection area ("RPA") buffer of 50 feet adjacent to the DSA boundary. No portion of any residential lot will be platted within the DSA. Additionally, commercial development shall not occur within the DSA. The only disturbance that will be permitted within the DSA or the RPA will be for road crossing, utility crossing and pedestrian and bicycle facility crossing. 4. The Applicants hereby proffer to develop a landscaping plan as an enhancement for the wetland areas located on the south side of Jubal Early Drive and provide for the planting of all elements of the plan during the first favorable planting season subsequent to wetlands Grtenway Engineering File M3800WGf2006 IND REZONING/RAW September 1, 2005 Revised November 4, 2005 Revised November 30.2005 Revised May 18,2006 Revised lune 27, 2006 Revised September 26.2006 Revised October 24, 2006 Revised November 18. 2006 Revised December It, 2006 15 disturbance. The landscaping plan shall include trees and shrubs that are recommended for wetland areas by the Corps of Engineers and trees and shrubs that are recommended for riparian areas by the. Virginia Department of Forestry. The Applicants will establish language within the HOA or sub- association documents which provides for the maintenance of the landscaping described above and allows the Shenandoah University Environmental Studies Department access to this area for the purpose of studying and monitoring this wetland enhancement project as an outdoor land lab educational opportunity. 5. The Applicants hereby proffer that all commercial site plans and the community center site plans submitted to Frederick County will be designed to implement Best Management Practices "BMP') to promote stormwater quality measures. A statement will be provided on each commercial site plan and on the community center site plans identifying the party or parties responsible for maintaining these BMP facilities as a condition of site plan approval. Orecnway Enginming J.) Signatures Respectfully Submitted: Commonwealth of Virginia, Fde #3800WGt20061ND REZONING/RAW September 1,2005 Revised November 4, 2005 Revised November 30, 2005 Revised May 18.2006 Revised June 27. 2006 Revised September 26, 2006 Revised October 24, 2006 Revised November 18, 2006 Revised December 11, 2006 The conditions proffered above shall be binding upon the assigns and successors in the interest of the Applicants who constitute the owners of the Property. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the proffered conditions set forth in this proffer statement, the foregoing proffered conditions shall apply to the Property rezoned in addition to other requirements set forth in the Ordinance. By: Willow Grove L.C. Date City /County of To Wit: The foregoing instrument was acknowledged before me this day of 20 by My Commission Expires Notary Public 16 Ganway Engineering J.) Signatures September 1.2005 Raised November a, 2005 Revised November 30.2005 Revised May 18, 2006 Revisal June 27. 2006 Revised September 26, 2006 Revised October 24, 2006 Revised November 18, 2006 Revised December 11, 2006 By: 740 LLC Date Commonwealth of Virginia, City /County of To Wit: 17 The conditions proffered above shall be binding upon the assigns and successors in the interest of the Applicants who constitute the owners of the Property. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the proffered conditions set forth in this proffer statement, the foregoing proffered conditions shall apply to the Property rezoned in addition to other requirements set forth in the Ordinance. The foregoing instrument was acknowledged before me this day of 20 by My Commission Expires Ale N3$00WG/2006 WD REZONRJQ/EAW Notary Public Grttnway Engineering J.) Signatures September 1, 2005 Revised November 4, 2005 Revived November 30, 2005 Revised May 18, 2006 Revised June 27. 20D6 Revised September 26,2006 Revised October 24.2006 Revised November 16. 21306 Revised December 11, 2006 The conditions proffered above shall be binding upon the assigns and successors in the interest of the Applicants who constitute the owners of the Property. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the proffered conditions set forth in this proffer statement, the foregoing proffered conditions shall apply to the Property rezoned in addition to other requirements set forth in the Ordinance. By: 750 LLC Date Commonwealth of Virginia. City /County of To Wit: The foregoing instrument was acknowledged before me this day of 20 by My Commission Expires File #3800W6/2006 REZONING/RAW Notary Public 18 c, y Engineering J.) Signatures Commonwealth of Virginia, File /13200W G/2006 DID REZONING/ERN September 1, 2005 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised lune 27, 2006 Revised September 26, 2006 Revisal October 24.2006 Revised November 18, 2006 Revised December 11, 2006 The conditions proffered above shall be binding upon the assigns and successors in the interest of the Applicants who constitute the owners of the Property. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the proffered conditions set forth in this proffer statement, the foregoing proffered conditions shall apply to the Property rezoned in addition to other requirements set forth in the Ordinance. By: Miller and Smith at Willow Run L.L.C. Date City /County of To Wit: The foregoing instrument was acknowledged before me this day of 20 by My Commission Expires Notary Public 19 Caeenway Engineering J.) Signatures The conditions proffered above shall be binding upon the assigns and successors in the interest of the Applicants who constitute the owners of the Property. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the proffered conditions set forth in this proffer statement, the foregoing proffered conditions shall apply to the Property rezoned in addition to other requirements set forth in the Ordinance. By: Greystone Properties LLC Date Commonwealth of Virginia, City /County of To Wit: The foregoing instrument was acknowledged before me this day of 20 by My Commission Expires File k380JWG2006 7ND REZONING/RAW September 1,2005 Revised November d, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2006 Revised October 24.2006 Revised November 18, 1,306 Revised December 11, 2006 Notary Public 20 COUNTY of FREDERICK Department of Planning and Development 540/665 -5651 FAX: 540 /665 -6395 TO: Frederick County Planning Commission Frederick County Board of Supervises FROM: Susan K. Eddy, AICP, Senior Planner SKE DATE: December 12, 2006 RE: December 19th PC Staff Application Briefing Willow Run Rezoning As Planning Commissioners are aware, a re- submittal of the Willow Run rezoning application has been received by staff. This is a complex rezoning, and the Chairman of the Planning Commission has requested a staff application briefing on this case. The briefing will take place on Tuesday, December 19, 2006 at 12:00 p.m. in the Board of Supervisors Meeting Room. Members of the Board of Supervisors are also invited. The purpose of this briefing is for staff to present the application to the Commission in an informal, but detailed format. Commissioners will be able to question staff. It is hoped that this will allow a depth of understanding not available in a public hearing session. No actions will be taken at this briefing. A public hearing will take place, as required by state and county codes, during a future Planning Commission meeting. The applicant is also being invited to attend, but will not have an active role. In order to acquaint Commissioners with this case, extracts from the rezoning application have been attached. Lunch will be provided, so please contact staff of your attendance by Friday, December 15. Feel free to contact me if you need further information SKE/bhd Attachments 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 Greenway Engineering REZONING: PROPERTY: RECORD OWNER: APPLICANT: PROJECT NAME: ORIGINAL DATE OF PROFFERS: Preliminary Matters WILLOW RUN TRADITIONAL NEIGHBORHOOD DEVELOPMENT PROFFER STATEMENT WILLOW RUN REVISION DATE: November 4, 2005; November 30, 2005; May 18, 2006; June 27, 2006; September 26, 2006; October 24, 2006; November 18, 2006 Pursuant to Section 15.2 -2296 et. seq. of the Code of Virginia, (1950, as amended), (the "Code and the provisions of the Frederick County Zoning Ordinance (the "Ordinance with respect to conditional zoning, the undersigned Applicants (as hereinafter defined) hereby proffer that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #16 -05 for the rezoning of 359.97± acres from the Rural Areas (RA) District to Residential Planned Community (R4) District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Applicants (as hereinafter defined) and such be approved by the Frederick County Board of Supervisors in accordance with the File #3800WG/2006 TND REZONING/EAW September 1, 2005 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2006 Revised October 24, 2006 Revised November 18, 2006 RZ# I— duo Rural Areas (RA) District to Residential Planned Community (R4) District (359.97± acres) 359.97± -acres (here -in after the "PROPERTY Tax Map Parcels 53- ((A)) -90; 53- ((A)) -91; 53- ((A)) -92; 53- ((A))- 92A; 53- ((A)) -92B; 53- ((A)) -94; 53- ((3)) -A 63-((AD-2A Willow Grove L.C.; 740 LLC; 750 LLC; Miller and Smith at Willow Run L.L.C.; Greystone Properties, LLC Willow Grove L.C.; 740 LLC; 750 LLC; Miller and Smith at Willow Run L.L.C.; Greystone Properties, LLC September 1, 2005 6 2006 DEC U_v Greenway Engineering A.) Residential Land Use File #3800W0/2006 TND REZONLNG/EAW September 1, 2005 Revised November 4, 2005 Revised November 30, 2005 Revised May I B, 2006 Revised June 27, 2006 Revised September 26, 2006 Revised October 24, 2006 Revised November 18, 2006 2 said Code and Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and shall have no binding effect whatsoever. Upon approval of such rezoning, these proffers shall be binding upon the Applicants (as hereinafter defined) and their successors and assigns. The subject property, identified as Willow Run, and more particularly described as the lands owned by Willow Grove L.C., 740 LLC, 750 LLC, Miller and Smith at Willow Run, L.L.C., and Greystone Properties, LLC, (the "Applicants being all of Tax Map Parcels 53- ((A)) -90, 53- ((A)) -91, 53- ((A)) -92, 53- ((A)) -92A, 53- ((A)) -92B, 53- ((A)) -94, 53- ((3)) -A and 63-((AD-2A; and further as shown on the Final Plat for Boundary Line Adjustment Between the Lands of Willow Grove L.C. and Miller and Smith at Willow Run, L.L.C., prepared by Marsh Legge Land Surveyors, P.L.C. dated April 27, 2004, together with the Deed for Greystone Properties, LLC, from Pembroke Cove Properties, L.L.C. recorded as Instrument 030024683 and containing an attached plat prepared by Marsh Legge Land Surveyors, P.L.C. recorded in Deed Book 886 Page 447 and an attached plat prepared by Lee A. Ebert, C.L.S. recorded in Deed Book 543 Page 247, together with the Deed for Miller and Smith at Willow Run, L.L.C., from Melco, Inc., recorded as Instrument 040017302 (collectively, the "Property PROFFER STATEMENT 1. The Applicants hereby proffer to limit the total number of residential units to 1,390 dwelling units, exclusive of the existing residential units on the subject properties. 2. The Applicants hereby proffer to limit the number of residential building permits to a maximum of 200 building permits during each calendar year until the buildout of Willow Run, exclusive of age restricted residential units and model homes. The Applicants shall be permitted to carry forward up to a maximum of 100 residential building permits that are not obtained during each calendar year to the ensuing calendar year; however, in no case shall the number of residential building permits, including age- restricted residential units, exceed a total of 300 issued in any calendar year. 3. The Applicants hereby proffer to provide for a mixture of housing types within Willow Run consistent with the minimum and maximum Willow Run Residential Unit Matrix Category Minimum of Units Maximum of Units Housing Types Permitted Single Family Detached 20% 35% RP District SFD; 35' SFD lot; 45' SFD lot; 55' SFD lot Single- Family Attached 20% 40% Duplex; Multiplex; Atrium House; Weak -Link Townhouse; Townhouse Multifamily 20% 30% Condominium; Apartments; 2 Floor Residential Above Commercial Age- Restricted 5% 20% Single- Family Small Lot; Duplex; Multiplex Greenway Engineering File #3800WG/2006 TND REZONING/EAW September 1, 2005 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised lune 27, 2006 Revised September 26, 2006 Revised October 24, 2006 Revised November 18, 2006 3 percentages and permitted housing types identified in the Willow Run Residential Unit Matrix as set forth below: 4. The Applicants hereby proffer to develop age- restricted dwelling units within Willow Run, the total number of which shall fall within a 5% minimum to 20% maximum range of the total number of residential units. Except to the extent otherwise prohibited by the Virginia Fair Housing Law, the Federal Fair Housing Law, and other applicable federal, state, or local legal requirements, any dwelling unit within the portions of the Property identified as age- restricted housing shall be restricted to housing for older persons as defined in Va. Code Ann 36 -96.7, or a surviving spouse not so qualifying. No person under 19 years of age shall be permitted to be regularly domiciled or to reside permanently therein. The restriction provided for herein shall also be in the form of a restrictive covenant with respect to the residential portion of the Property designated as age- restricted, and any Homeowners' Association or sub association created with respect thereto shall have assigned responsibility for the enforcement and administration of the said age- restricted covenant. Greenway Engineering 5. The Applicants hereby proffer to provide a double row of evergreen trees between the southern most residential structure and Cedar Creek Grade to minimize viewshed impacts from the Homespun property. The double row of evergreen trees shall be planted on 10 -foot centers and shall be a minimum of four feet in height when planted. These trees shall be planted in conjunction with the improvements specified in Section D(10) of this Proffer Statement. B.) Commercial Land Use 1. The Applicants hereby proffer to designate a commercial center area and neighborhood commercial along the Jubal Early Drive corridor as delineated on the proffered Willow Run Master Development Plan. The commercial center area and neighborhood commercial area shall be a minimum of 32.4 acres, which constitutes 9% of the targeted 10% total commercial area specified by Ordinance. The Applicants proffer to rezone the right -of -way associated with the relocation of Merriman's Lane (Route 621) following abandonment by VDOT which will be absorbed into the commercial center area as described in Modification #5 of this Proffer Statement. The Applicants proffer of right -of -way dedication for the new Route 37 /Jubal Early Drive interchange shall not count towards the total commercial acreage; however, should additional right -of -way for said interchange be needed in the future, the Applicants shall not be required to provide additional commercial acreage. 2. The Applicants hereby proffer to utilize similar construction materials and similar development themes for all commercial development within Willow Run. The principal construction materials that are visible from the adjacent community streets shall be limited to brick, stone, artificial stone, simulated stucco, cementous siding, wood, glass, standing seam metal of dimensional shingles, or false roof systems. These construction materials shall be utilized on all building walls and rooflines. Additionally, the Applicants proffer to restrict business signs to monument style that are a maximum of 15 feet in height and to building mounted signs. Furthermore, the Applicants proffer to incorporate into the Willow Run Property Owners Association Declaration provisions creating an Architectural. Review Board "ARB master organization, which shall be responsible for the review and approval of all exterior construction materials for commercial development. File #3800WG/2006 TND REZONING/EAW September 1, 2005 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised September 26 2006 Revised October 24, 2006 Revised November 18, 2006 4 Greenway Engineering 3. The Applicants hereby proffer to design the commercial center to ensure that no parking lots are located between the commercial buildings fronting along Jubal Early Drive and Sandyridge Boulevard (Main Street). This standard shall not prohibit the provision of on street parking along the public streets within the commercial center. 4. The Applicants hereby proffer to guarantee the completion of 10,000 square feet of commercial floor space prior to the issuance of the building permit for the 600 dwelling unit, exclusive of building permits for model homes. 5. The Applicants hereby proffer to guarantee the construction of an additional 10,000 square feet of commercial floor space after the issuance of the 600 dwelling unit, but no later than the issuance of the 1,000 dwelling unit, exclusive of building permits for model homes. 6. The Applicants hereby proffer to prohibit the following commercial land uses within Willow Run: Exterior Boarding Kennels Electric, Gas Other Utility Transmission and Distribution Facilities Automotive Dealers Automotive Repair Golf Driving Ranges Miniature Golf Courses Electrical Supplies (Wholesale) Hardware, Plumbing Heating Equipment (Wholesale) Commercial Outdoor Batting Cages Adult Retail All land uses within the B3, Industrial Transition District and Ml, Light Industrial District that are not otherwise permitted in the B2, Business General District. C.) Master Development Plan 1. The Master Development Plan is intended to delineate the general location of all road systems including the new interchange at Route 37 using the existing bridge, Jubal Early Drive from the City of Winchester to the new interchange at Route 37, the commercial and residential main street, the location of residential and commercial development areas, the location of residential land uses, the location of the community center park area and neighborhood park areas, and the File #3800WG /2006 TND REZONING/EAW September 1, 2005 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2006 Revised October 24, 2006 Revised November 18, 2006 5 Greenway Engineering D.) Transportation Enhancements File #3800WG/2006 TND REZONING/EAW September 1, 2005 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2006 Revised October 24, 2006 Revised November 18, 2006 6 general location of the extended Green Circle pedestrian and bicycle facility within Willow Run. The Applicants have identified elements of the Master Development Plan that are intended to be flexible that can be revised without the requirement of a conditional zoning amendment for the proffered Master Development Plan. These standards are described within Modification #1 Master Development Plan Flexible Design Elements of the Community Design Modification Document submitted as a proffered document for this rezoning application. 1. The Applicants hereby proffer to fully fund and construct Jubal Early Drive as a four -lane divided landscaped median section, including the realignment of Meadow Branch Avenue from the current terminus in the City of Winchester to Route 37 as described in proffers D(2) D(4). 2. The Applicants hereby proffer to fully fund and construct the four -lane divided landscaped median section of Jubal Early Drive from the current terminus in the City of Winchester to the second intersection identified on the proffered Master Development Plan which shall be designed and constructed to base pavement prior to issuance of the 300 residential building permit and bonded to ensure that the top coat of asphalt is guaranteed. 3. The Applicants hereby proffer to fully fund and construct the four -lane divided landscaped median section of Jubal Early Drive from the terminus of the completed phase at the second intersection to the first commercial center intersection identified on the proffered Master Development Plan which shall be designed and constructed to base pavement prior to issuance of 450 residential building permit and bonded to ensure that the top coat of asphalt is guaranteed. 4. The Applicants hereby proffer to fully fund and construct the four -lane divided landscape median section of Jubal Early Drive from terminus of the completed phase at the first commercial center intersection to the Route 37 northbound on and off ramps which shall be designed and constructed to base pavement prior to issuance of 600 residential Greenway Engineering 5. The Applicants hereby proffer to fully fund and construct the new Route 37 /Jubal Early Drive interchange northbound and southbound on and off ramps utilizing roundabout design and using the existing bridge structure prior to the issuance of the 600 residential building permit. Additionally, the Applicants hereby proffer to provide right of -way sufficient to allow for the construction of a two -lane roundabout on the east side of Route 37. Furthermore, the Applicants proffer to allow the developer construction dollars to be utilized as matching funds unconditionally by Frederick County for additional transportation system improvements. 6. The Applicants hereby proffer to fully fund and construct the realignment of approximately 1,000 feet of the two -lane section of Merriman's Lane (Route 621) to the north of Jubal Early Drive to create a "T" intersection, which shall be designed and constructed to base pavement prior to issuance of the 600 residential building permit and bonded to ensure that the top coat of asphalt is guaranteed. 7. The Applicants hereby proffer to dedicate the right -of -way required for the completion of Jubal Early Drive, the Route 37 northbound on and off ramps and the Merriman's Lane realignment within five years of Rezoning and Master Development Plan approval if these transportation improvements are not constructed. 8. The Applicants hereby proffer to fully fund and construct the extension of Cidermill Lane from the current terminus in the City of Winchester into the Property. The extension of Cidermill Lane shall be barricaded until the Applicants have completed the construction of Jubal Early Drive and the new Route 37 /Jubal Early Drive interchange northbound and southbound on and off ramps. The barricade for Cidermill Lane shall include a sign advising adjoining neighbors of the planned continuation of this road. 9. The Applicants hereby proffer to execute a signalization agreement with VDOT to fully fund traffic signalization with pedestrian actualization at the intersection of Jubal Early Drive and Meadow Branch Avenue. This traffic signal shall be installed when warranted by VDOT. File #3800WG /2006 TND REZONLNG/EAW September 1, 2005 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2006 Revised October 24, 2006 Revised November 18, 2006 7 building permit and bonded to ensure that the top coat of asphalt is guaranteed. Greenway Engineering 10. The Applicants hereby proffer to execute a signalization agreement with VDOT to fully fund traffic signalization with pedestrian actualization at the intersection of Jubal Early Drive and the Merriman's Lane north realignment. This traffic signal shall be installed when warranted by VDOT. 11. The Applicants hereby proffer the construction of the ultimate intersection improvements at the intersection of Birchmont Drive and Cedar Creek Grade, including right and left turn lanes on Cedar Creek Grade and right and left turn lanes on Birchmont Drive. These improvements shall be installed prior to the issuance of any residential occupancy permit that is solely dependent upon this intersection for ingress and egress, exclusive of model homes, and shall be installed no later than the issuance of the 200 residential permit. 12. The Applicants hereby proffer to design Birchmont Drive to provide for traffic chokers and/or chicanes at three locations along the street system. The locations of these traffic calming features shall be provided on the Subdivision Design Plan within proximity of the northern, central and southern portions of Birchmont Drive. 13. The Applicants hereby proffer to execute a signalization agreement with VDOT to fully fund traffic signalization at the intersection of Cedar Creek Grade and Birchmont Drive. This traffic signal shall be installed when warranted by VDOT. 14. The Applicants hereby proffer to fully fund and construct Birchmont Drive to connect between Cedar Creek Grade and Jubal Early Drive to base pavement by the issuance of the 200 residential building permit, exclusive of model homes. 15. The Applicants hereby proffer to provide a monetary contribution to the City of Winchester totaling $100,000.00 to mitigate off -site transportation impacts to street intersections that will experience traffic flow degradation as a result of the development of Willow Run as indicated in the Willow Run Traffic Impact Analysis. This monetary contribution shall be provided to the City of Winchester in four annual payments of $25,000.00 each, of which, the first payment shall occur 12 months from the date of rezoning approval with the remaining payments being made in 12 month increments from the date of the first payment. Said monetary contribution may be utilized as matching funds for transportation programs utilized by the City of Winchester. File 83800WG/2006 TND REZONING/EAW September 1, 2005 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2006 Revised October 24, 2006 Revised November 18, 2006 8 Greenway Engineering 16. The Applicants hereby proffer to construct all subdivision streets to the ultimate section as identified on the VDOT typical section sheet of the proffered Master Development Plan. 17. Where private alley systems are utilized within Willow Run, the Applicants hereby proffer to design and construct the private alley systems as one -way travel within a minimum 14 -foot wide easement having a minimum of 12 feet of pavement with mountable curb on each side of the pavement along the entire alleyway, and as two -way travel within a minimum 20 -foot easement having a minimum of 18 feet of pavement with mountable curb on each side of the pavement along the entire alleyway. The vertical sectional dimension of pavement thickness and compacted base thickness will meet public street pavement standards utilized by the Virginia Department of Transportation. All private alleys that intersect other private alleys at 90- degree angles or have tums at 90- degree angles shall provide for a minimum turning radius of 30 feet. The maintenance of all private alley systems shall be the responsibility of the Homeowners' Association or sub association for the Willow Run community. E.) Monetary Contributions 1. The Applicants hereby proffer a monetary contribution for each dwelling unit that is non -age restricted in the amount of $9,078 to mitigate impacts to capital facilities as identified in the Frederick County Capital Facilities Fiscal Impact Model Output Module prepared by the Frederick County Planning Department on July 21, 2005. This monetary contribution provides for the total fiscal impacts for non -age restricted dwelling units, as commercial fiscal credit is only given for 10,000 square feet of the 20,000 square feet of commercial land use that is guaranteed in Section B(3) of this Proffer Statement. This monetary contribution shall be provided to Frederick County at the time of building permit issuance for each non -age restricted dwelling unit. 2. The Applicants hereby proffer a monetary contribution for each age restricted dwelling unit in the amount of $2,000.00 to mitigate impacts File #3800WG /2006 TND REZONING/EAW September 1, 2005 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2006 Revised October 24, 2006 Revised November 18, 2006 9 Evidence of these monetary contribution payments shall be provided to the Frederick County Planning Department. Greenway Engineering 3. In addition to the monetary proffers provided for fire and rescue service as part of the proffer set forth in Section E(1) above, the Applicants hereby proffer to contribute a total of $50,000.00 to further support the Round Hill and Shawnee Volunteer Fire and Rescue Companies in Frederick County and the City of Winchester, which will provide first response service to Willow Run. The $50,000.00 monetary contribution shall be provided through separate payments of $25,000.00 to Frederick County and $25,000.00 to the City of Winchester. These payments shall be provided to each locality at the time of building permit issuance for the first residential dwelling unit within Willow Run. Additionally, the Applicants will establish a provision in the Homeowners' Association documents which will provide a payment of $100.00 per occupied residential unit on an annual basis to the City of Winchester for Fire and Rescue Services. This payment to the City of Winchester for Fire and Rescue Services shall continue until such at time that a new Route 37 interchange is developed at Jubal Early Drive with southbound off -ramp access. Evidence of the payments to the City of Winchester described in this section shall be provided to the Frederick County Planning Department. 4. The Applicants hereby proffer to provide $1000.00 for each non -age restricted residential lot to Frederick County for the purpose of site acquisition funding for the Public School system. This payment shall be provided at the time of building permit issuance for each non -age restricted residential dwelling unit within Willow Run. 5. The monetary contributions identified in the Frederick County Capital Facilities Fiscal Impact Model Output Module prepared by the Frederick County Planning Department on July 21, 2005 shall be limited to that amount for all building permits issued for the initial 30 months following approval of the proffered Master Development Plan. All monetary contributions paid after the 30 -month timetable shall be adjusted every 24 months in accordance with the Urban Consumer Price Index "CPI published by the United States Department of Labor, subject to a cap of 4% per year, non compounded. File #3800WG /2006 TND REZONING/EAW September 1, 2005 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2006 Revised October 24, 2006 Revised November 18, 2006 10 to all County services, exclusive of Public Schools as identified in the Frederick County Capital Facilities Fiscal Impact Model Output Module prepared by the Frederick County Planning Department on July 21, 2005. This monetary contribution shall be provided to Frederick County at the time of building permit issuance for each age restricted dwelling unit. Greenway Engineering F.) Community Recreation 1. The Applicants hereby proffer to construct a community center building that is an enclosed, year round heated facility with restrooms and a catering kitchen facility that is a minimum of 4,000 square feet in floor area, which shall count towards the active recreational amenity requirement for Willow Run. The community center building shall be constructed and available for use by residents of Willow Run prior to the issuance of the 600 building permit. The maintenance of the community center building shall be the responsibility of the Homeowners' Association or sub association for Willow Run. Additionally, the Applicants hereby proffer to provide for an outdoor community pool facility with a combined water surface area of 3,500 square feet, which shall be completed prior to the issuance of the 600 residential permit. 2. The Applicants hereby proffer to construct a community center building for the exclusive use of the age- restricted portion of Willow Run that is an enclosed, year round heated facility with restrooms and a catering kitchen facility that is a minimum of 2,000 square feet in floor area and shall count towards the active recreational amenity requirement for Willow Run. The age- restricted community center building shall be constructed and available for use prior to the issuance of the building permit for the 60 age- restricted dwelling unit. The maintenance of the age- restricted community center building shall be the responsibility of the Homeowners' Association or sub association for Willow Run. 3. The Applicants hereby proffer to design and construct a public extension of the Green Circle pedestrian and bicycle facility located along the south side of Jubal Early Drive that connects the developed portion within the City of Winchester throughout the limits of the commercial center area. This public pedestrian and bicycle facility shall be 10 feet in width and have an asphalt surface, and shall count towards the active recreational amenity requirement for Willow Run. This facility shall be constructed concurrently with the adjoining sections of Jubal Early Drive as specified in Sections D(2) D(4) of this Proffer Statement. File #3800WG/2006 TND REZONING/EAW September 1, 2005 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2006 Revised October 24, 2006 Revised November 18, 2006 11 Greenway Engineering September 1, 2005 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2006 Revised October 24, 2006 Revised November 18, 2006 4. The Applicants hereby proffer to design and construct an internal pedestrian trail system, which shall count towards the active recreational amenity requirement for Willow Run. This internal pedestrian trail system shall be six feet in width and have an asphalt surface. The various segments of the internal trail system shall be bonded, the open space dedicated and constructed in conjunction with each residential section in which the trail system is located. The internal pedestrian trail system shall be private and shall be owned and maintained by the Homeowners' Association or sub association for Willow Run. A public access easement shall be established along the portion of the internal pedestrian trail system located around the 5 -acre manmade water feature and along the segment continuing south along Sandyridge Boulevard. G.) Community Curbside Trash Collection 1. The Applicants hereby proffer to provide commercial trash pickup and waste removal service to all residential land uses and the community center within Willow Run. The commercial trash pickup and waste removal service shall be established by deed covenant and shall be assigned to the Willow Run Homeowners Association "HOA or sub association at such time as identified in the legal documents setting forth the guidelines for the Willow Run HOA. The commercial trash pickup and waste removal service shall remain in effect and be the responsibility of the Willow Run HOA until such time as this service is provided by Frederick County or other municipal providers. H.) Creation of Homeowners Association 1. A Homeowners Association (HOA) or sub associations shall be created by the Applicants in conformity with the Virginia Property Owners' Association Act (Title 55, Chapter 26 of the Code of Virginia, 1950, as amended). The HOA shall have title to and/or responsibility for: a. All common areas including, but not limited to, buffer areas, internal pedestrian trail systems and stormwater management File #3800WG /2006 TND REZONING/EAW 12 Greenway Engineering I.) Environmental File #3800WG/2006 TND REZONING/EAW September 1, 2005 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2006 Revised October 24, 2006 Revised November 18, 2006 facilities not otherwise dedicated to public use or maintained by commercial entities. b. Maintenance of private streets and alleyways. c. Residential curbside trash collection. 13 d. Maintenance of community structures and facilities called for under Sections F(1) through F(4) above. 2. The. Applicants hereby proffer to incorporate into the Declaration creating the Willow Run Property Owners Association provisions creating an Architectural Review Board "ARB The purpose of the ARB will be to review and approve all initial construction applications, and exterior additions and alterations to the existing commercial structures and dwelling units within Willow Run to ensure that all design guidelines established by the Applicants are met, together with all such other duties and responsibilities as may be imposed by the Declaration. 3. The Applicants hereby proffer to incorporate into the Declaration creating the Willow Run Property Owners Association provisions establishing an assessment to be collected at the time of the initial transfer of title to any residential lot in Willow Run (whether to a builder or otherwise) as well as at the time of any subsequent transfer of title. Such sums shall be paid to the association or sub association, as appropriate, for use in the maintenance and upkeep of the common areas, as determined by the Board of Directors of the Association. 1. The Applicants hereby proffer to identify and delineate a developmentally sensitive area "DSA boundary on the proffered Master Development Plan. The DSA will identify the location of wetland areas. Information regarding potential impacts within the DSA and methods for mitigation will be incorporated as a component of the Subdivision Design Plans or Site Development Plans for any portion of the Property that adjoins wetland areas. Greenway Engineering 2. The Applicants hereby proffer to conduct a geotechnical analysis on all residential lots that are platted within 100 feet of the major karst feature located on tax map parcel 53- ((A)) -91 prior to the issuance of building permits for such lots. 3. The Applicants hereby proffer to provide a resource protection area "RPA buffer of 50 feet adjacent to the DSA boundary. No portion of any residential lot will be platted within the DSA. Additionally, commercial development shall not occur within the DSA. The only disturbance that will be permitted within the DSA or the RPA will be for road crossing, utility crossing and pedestrian and bicycle facility crossing. 4. The Applicants hereby proffer to develop a landscaping plan as an enhancement for the wetland areas located on the south side of Jubal Early Drive and provide for the planting of all elements of the plan during the first favorable planting season subsequent to wetlands disturbance. The landscaping plan shall include trees and shrubs that are recommended for wetland areas by the Corps of Engineers and trees and shrubs that are recommended for riparian areas by the Virginia Department of Forestry. The Applicants will establish language within the Homeowners Association documents which provides for the maintenance of the landscaping described above and allows the Shenandoah University Environmental Studies Department access to this area for the purpose of studying and monitoring this wetland enhancement project as an outdoor land lab educational opportunity. 5. The Applicants hereby proffer that all commercial site plans and the community center site plans submitted to Frederick County will be designed to implement Best Management Practices "BMP to promote stormwater quality measures. A statement will be provided on each commercial site plan and on the community center site plans identifying the party or parties responsible for maintaining these BMP facilities as a condition of site plan approval. File #3800WG/2006 TND REZONING/EAW September 1, 2005 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised Lune 27, 2006 Revised September 26, 2006 Revised October 24, 2006 Revised November 18, 2006 14 Greenway Engineering J.) Signatures September 1, 2005 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2006 Revised October 24, 2006 Revised November 18, 2006 Respectfully Submitted: The conditions proffered above shall be binding upon the assigns and successors in the interest of the Applicants who constitute the owners of the Property. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the proffered conditions set forth in this proffer statement, the foregoing proffered conditions shall apply to the Property rezoned in addition to other requirements set forth in the Ordinance. By: 252C l.— Wrliow Grove L.C. Date cei-c O- F i cl G ale City /County of acJarH To Wit: The foregoing instrument was acknowledged before me this I day oft. 20ULOb Ui I low 6(6 L -L. DL LEQ -I S11 My Commission Expires a C_Ck w.. Notary PuIj 1 111//// BE =W v0- #D D4 ti r g 504 1 Q S r e2 (I MMnd t f Otill 110 0.4 Greenway Engineering My Commission Expires File d3800W0t2006174D REZONING/EMS? September 1, 2005 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2006 Revised October 24, 2006 Revised November 18, 2006 J.) Signatures The conditions proffered above shall be binding upon the assigns and successors in the interest of the Applicants who constitute the owners of the Property: In the event the Frederick County Board of Supervisors grants this rezoning and accepts the proffered conditions set forth in this proffer statement, the foregoing proffered conditions shall apply to the Property rezoned in addition to other requirements set forth in the Ordinance. By: �40 L B Commonwealth of Virginia, p, City /County of LJ (nr e-Y�o yl a' 4 A To Wit: The foregoing instrument was acknowledged before me this 9-th- day of 201L by l� 3D auk) Date Greenway Engineering J.) Signatures The conditions proffered above shall be binding upon the assigns and successors in the interest of the Applicants who constitute the owners of the Property. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the proffered conditions set forth in this proffer statement, the foregoing proffered conditions shall apply to the Property rezoned in addition to other requirements set forth in the Ordinance. dE �tv r Cl q ma, eCe.Arczcc City/County of' September 1, 2005 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2006 Revised October 24, 2006 Revised November 18, 2006 To Wit: The foregoing instrument was acknowledged before me this y iday of 11/4 )ec 20LALI by r 150 LLC S1 °N t Q :5 t zo� toN •9� cc LU.&0-21-2--e.%0CQ. Greenway Engineering J.) Signatures September 1, 2005 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2006 Revised October 24, 2006 Revised November 18, 2006 The conditions proffered above shall be binding upon the assigns and successors in the interest of the Applicants who constitute the owners of the Property. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the proffered conditions set forth in this proffer statement, the foregoing proffered conditions shall apply to the Property rezoned in addition to other requirements set forth in the Ordinance. By: iNbierAbe( 312:4 Miller and mith Willow Run L.L.C. ,.1,,,, Date 't'j•.�;- f1,Wer M bili�il nc. ;li ry c1 f Char tesi F. S t en erg ;ce_fr zS;& Commonwealth of Virginia, r_ City /County of 10i To Wit: 18 The foregoing instrument was acknowledged before me this JO day of tOJ ?.i n bk-n( 200 I by C ct.r)P 5i n;o( U ice Pre S,[IQ(\* of fAt Ue r V\ G nCL 9 ie r o4-i'V1,1W4 cLr.c\ Srv'\;-1 h Gt-- GC' 'Mole Ron i r-. ,L,C. My Commission Expires "S I� r File #3800WG/2006 7ND REZONING/EAW Notary Public Sm iyk. fr, Greenway Engineering J.) Signatures By: 1 Greystone Properties LLC Commonwealth of Virginia, CitiCounty f Frederick File #3800WG/2005 TND REZONING/EAW September 1, 2005 Revised November 4, 2005 Revised November 30, 2005 Revised May 18, 2006 Revised June 27, 2006 Revised September 26, 2006 Revised October 24, 2006 Revised November 18, 2006 200to by 2O_rne5 \41 TIC 19 The conditions proffered above shall be binding upon the assigns and successors in the interest of the Applicants who constitute the owners of the Property. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the proffered conditions set forth in this proffer statement, the foregoing proffered conditions shall apply to the Property rezoned in addition to other requirements set forth in the Ordinance. To Wit: 431/( o te The foregoing instrument was acknowledged before me this dl day of 1\Luosn O x amt.«- m K t.JMrrus,orur ,\esslca m u 11 otary Public My Commission Expires \nJ&.rt ptr "3o ao0S) isoineee german 90 300 0 600 SCALE: I 600' GREENWAY ENGINEERING 151 Wlndy 11111 Lane Winchester. Virginia 21602 Telephone 540-602.4105 FAX 540-722-9525 1 4tqt*. 14 44, Th‘ow Run WINCHESTER. VIRGINIA NOVEMBER 2006 a 441 5 t7t h 0 .17E- 0 LEGEND SINGLE FAMILY DI SINGLE FAMILY A7 MULTI—FAMILY AGE RESTRICTED COMMERCIAL kai OPEN SPACE OWNERS/D. MILLER AN OREYSTON1 l.und�d 411 r871 151 Windy Hill Lane Winchester. Virginia 22602 Engln.w. Telephone 540- 662 -4185 smarm FAX 540 722 -9528 a. Th Kw Run W I N C H E S T E R V I R G I N I A WILLOW RUN TRANSPORTATION PHASING EXHIBIT GREENWAY ENGINEERING NOVEMBER 2008 100 0 PHASING LEGEN PHASE 1 -300 P. PHASE 2 -450 P PHASE 3 -600 P. 100 SCALE; I" 700' OWNERS MILLEI GREYST01 1 1 f. u 1 1 i 1111111111101111111111 11 111111 1 1 11111111111111 11 11111 1101111011111111 III 111111111111111011111 1 1 11 11011 1110110111111111110 0111 1 11 1 111 111 111 �I11111111111111 _NIIIII i r Jwwe.a a :a71 Engineers Surveyor. PLAN PROFILE WILLOW RUN W. JUBAL EARLY DR. EXTENSION SHAWNEE MAGISTERIAL DISTRICT CITY OF WINCHESTER FREDERICK COUNTY, VA DATE 10/14/06 7/06/08 REVLSION REV. S/W ADD PEDESTRIAN E911T REV. TRAIL AND S/W LOCATION'S GREENWAY E 151 Wind? Hill Lene Wlnche.ter, Virginia 2260; Telephone 640 -662 -4186 FAX 540-722-0528 www.greenwayeng. October 23, 2006 Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 RE: Proposed Rezoning of Willow Run Dear Evan: Attached you will find a copy of the review comments from the County Attorney's office concerning the proposed proffer statement for the rezoning of Willow Run. Please do not hesitate to contact me should you have any questions or concerns. Sincerely, Susan K. Eddy, AICP Senior Planner SKE/bhd Attachment COU 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 P1 CK Department of Planning and Development 540/665-5651 FAX: 540 /665 -6395 cc: John R. Riley, Jr., County Administrator Attachments SKE/bhd MEMORANDUM TO: Robert T. Mitchell, Esquire FROM: Susan K. Eddy, AICP, Senior Planner SKE RE: Rezoning Application Proffer Statements DATE: August 21, 2006 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 e RECOPY COUNTY of FREDERICK Department of Planning and Development 540/665 -5651 FAX: 540/665 -6395 Please find attached to this memorandum the proffer statements for the Preserve at Jordan Springs rezoning application and the Willow Run rezoning application that have been submitted to the Department of Planning Development. While you reviewed a Willow Run application last year, it has been changed considerably and is being resubmitted to you for review. The rezoning applications appear to be relatively close to being complete. Therefore, it is appropriate at this time for your office to provide a formal comment on the form and content of the proffer statements. Thank you for your continued assistance.