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HomeMy WebLinkAbout06-08 Proffer StatementAction: PLANNING COMMISSION: September 17, 2008 Recommended Denial BOARD OF SUPERVISORS: October 22. 2008 El APPROVED DENIED PDRes #32 -08 AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #06 -08 OF ROUTE 50 ASSISTED LIVING FACILITY WHEREAS, Rezoning #06 -08 of Route 50 Assisted Living Facility, submitted by Bowman Consulting, to rezone 10.47 acres from RA (Rural Areas) District to B2 (General Business) District, with proffers dated February 22, 2008 and final revision dated October 10, 2008, was considered. The properties are located on the south side of Northwestern Pike (Route 50), west of the intersection of Ward Avenue and Route 50, in the Back Creek Magisterial District, and are identified by Property Identification Numbers 53 -A -81, 53- A-82. 53B -3 -24 and 53B -3 -25. WHEREAS, the Planning Commission held a public hearing on this rezoning on August 20, 2008, and a public meeting was held on September 17, 2008; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on October 22 2008; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to change 10.47 acres from RA (Rural Areas) District to B2 (General Business) District, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. This ordinance shall be in effect on the date of adoption. Passed this 22 day of October, 2008 by the following recorded vote: Richard C. Shickle, Chairman Gary W. Dove Gene E. Fisher Philip A. Lemieux PDRes. #32 -08 Aye Aye Aye Aye Gary A. Lofton Bill M. Ewing Charles S. DeHaven, Jr. A COPY ATTEST Aye Aye Aye John RJR ley, Jr. Fr rick County Administrator REZONING: RA TO B2 PROPERTY: 10.47 Acres/ Tax Map Parcels: 53 -A -81, 53 -A -82, 53B -3 -24 53B -3 -25 RECORD OWNERS: PROPOSED PROFFER STATEMENT Darla Poe Funkhouser Sharon S. Poe PHTH Properties, LLC Marathon Bank/United Bank APPLICANT: HHHunt Corporation PROJECT NAME: Route 50 Assisted Living Facility PROFFER DATE: February 22, 2008 Revised: June 24, 2008; August 18, 2008; September 5, 2008; September 29, 2008; October 14, 2008, October 20, 2008 The undersigned hereby proffers that the use and development of the subject property "Property as identified above, shall be in strict conformance with the following conditions. In the event that the above referenced rezoning is not granted as applied for by the applicant "Applicanf'), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of Supervisors' (the "Board decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. Any improvements or other requirements proffered herein below shall be provided at the time of development of that portion of the Property adjacent to or including the proffered improvement or other proffered requirement, and no later than the time of issuance of a Certificate of Occupancy unless otherwise specified herein. When used in these proffers, the Generalized Development Plan shall refer to the one page plan entitled "HHHunt Corporation Route 50 Assisted Living Facility dated January 2008 and prepared by Bowman Consulting Group, LTD. and bearing the revision date October 14, 2008 "GDP The five foot (5') strip acquired from the Marathon Bank/United Bank property (Parcel 53B -3- 24) shall be incorporated by Boundary Line Adjustment plat into Parcel 53B -3 -25, as shown on the GDP, and shall be subject to all applicable proffers. With the exception of Paragraph 3.2 below, the remainder of Parcel 53B -3 -24 shall be exempt from these proffers. 1. LAND USE/ BUILDING The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The term "Applicant" as reference herein shall include within its meaning all future owners and successors in interest. The Applicant hereby proffers as follows: 1.1 3. TRANSPORTATION The Applicant intends to develop the property with up to 75,000 SF of assisted living care facility use. All other B -2 uses shall not be permitted on this site unless they are approved by Frederick County as part of a revised Proffer Statement. 1.2 All site improvements, as shown in the GDP, such as: Route 50 frontage improvements; Ward Avenue frontage improvements; an enhanced 100' road efficiency buffer along Route 50; enhanced Category B buffer yards along east, west, and south property lines; on -site drive aisles and parking; sidewalks; and site landscaping and lighting shall be constructed or bonded by the Applicant at the earlier of within twenty -four (24) months of Zoning Approval or issuance of a Certificate of Occupancy. This does not include connections to future adjacent roads as illustrated on the GDP. 2. SITE DEVELOPMENT 2.1 Site entrances shall be limited to three (3) as shown on the GDP. The primary access to the site will be from Ward Avenue and the secondary access to the site will be by an improved right in/right out entrance along Route 50. Egress via the right in/right out entrance shall be restricted to Allegheny Power vehicles only, and shall be posted with signage accordingly. The third access point is shown along the southern boundary to maintain access to the existing Allegheny power service substation and to allow for a future connection to the Round Hill Road extension by others. The exact design and location of each entrance shall be determined upon final engineering and pursuant to the specifications and approval of the Virginia Department of Transportation (VDOT). 2.2 The Applicant agrees to use a mix of brick and siding to break up the elevations of the structure and to provide an attractive facility generally as depicted in exhibits provided and which are attached and incorporated as Exhibit A. Any future additional structures will be required to use compatible materials for design continuity. 3.1 The Applicant agrees to dedicate a 25' right of way to allow for the construction by others of the future Round Hill Road extension as depicted on the GDP. Such dedication shall occur within ninety (90) days of receipt of a written request from either VDOT or Frederick County. If it is determined by Frederick County that 2 4. FIRE RESCUE the alignment of the southern road (anticipated to be the future Round Hill Road extension) changes such that all or any portion of the proposed dedication is outside of the new alignment, the Applicant will be relieved of the obligation to dedicate all or a portion of the right of way to the extent that the proposed dedication is outside the new alignment. 3.2 Right -of -way shall be dedicated along the Ward Avenue frontage of Parcel 53B- 3-24 and Parcel 53B -3 -25 to permit the continuation of the three (3) lane curb and gutter road section to the southern boundary line of the Property (Parcel 53B -3- 25), and to allow for the construction of the proposed improvements to Ward Avenue as shown on the GDP. The Applicant shall dedicate all such right -of -way within twelve (12) months of Zoning Approval. 3.3 The Applicant will allow for inter- parcel access to adjacent properties to help facilitate future connectivity within the Round Hill Land Use Plan (RHLUP) area. The location(s) of such future inter parcel connections shall be determined after agreement with the adjacent property owners. 3.4 The Applicant agrees to contribute to Frederick County the sum of $25,000.00 for additional road improvements in the vicinity of the development. The payment shall be made by the Applicant upon the issuance of the building permit. 4.1 The Applicant shall contribute to Frederick County the sum of $100,000.00 for fire and rescue purposes upon the issuance of the building permit. In addition, the Applicant agrees to make an annual contribution in the amount of $5,000.00 to Frederick County to be used for fire and rescue purposes. Said payment shall be made on or before each annual anniversary of the issuance of the first building permit for the Property. Said annual $5,000.00 payment shall expire when and if Frederick County requires a fee for service for the dispatch of fire or rescue vehicles. [SIGNATURES ON THE FOLLOWING PAGES] 3 Respectfully submitted, cd rait i W. R. `Bo" Cook, Jr. (Applicant) STATE OF V Q1 AT LARGE -QFFY/ COUNTY df Er ey To -wit: The foregoing instrument wa acknowledged before me this OD ill day of &��O 2008, by N Q r "4 ub "ii, /I Y »LA O NOTARY PUBLIC 7 PUBLIC My commission expires: REG 3 24329 Registration No.: MY CAM cy... to)31120� 4 4 Darla Poe Funkhouser (Owner) COMMONWEALTH OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this day of 2008, by W.R. "Bo" Cook, Jr., attorney -in -fact pursuant to a Special Limited Power of Attorney. cO.. T 40O NOTARY''.. PUBLIC r REG 324329 My commission expires_ o MY COMMISSION o ALTH 0`c \0 Registration No.: 5 NOTARY PUBLIC PHTH Properties, LLC (Owner) COMMONWEALTH OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: t The foregoing instrument was acknowledged before me this (906 day of f_ 2008, by W.R. `Bo" Cook, Jr., attorney -in -fact pursuant to a Special Limited Power of Attorney. 11111/,, rOr P�' NOTARY''•.�L PUBLIC My commission expires: 1 REG 324329 Registration No.: 7 n i MY COMMISSION O Yf iHtu 20 10/31/20M ALTH o 4 a 6 NOTARY PUBLIC Sharon S. Poe (Owner) COMMONWEALTH OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this day of OP-initi 2008, by W.R. `Bo" Cook, Jr., attorney -in -fact pursuant to a Special Limited Power of Attorney. LiAvi OD ONT. p 0_ NOTARY PUBLIC NOTARY PUBLIC My commission expiresS REG 324329 Registration No.: n MY COMMISSION o ExPIRE S ALM 111 //11;1 0 7 By: G 1 Its: PIPS, fhaA/ 2/4 /1/. 'i/ MARATHON BANK /UNITED BANK STATE OF \iirckiq Q AT LARGE CITY COUNTY of, To wit: The foregoing instrument was acknowledged before me this 2008, by 'typal& I A NOTARY ?J i My commission expires: y PUBLIC 2 RegistrationNo.: %M YCOMMSSinN: S O EXPIRES Q? :l ••,07/31/20 e 0*. o% 8 acimt day of c AdCey," y 7 a A z 8 0 1n 8 a 1 4 GENERALIZED DEVELOPMENT PLAN HHHUNT CORPORATION ROUTE 50 ASSISTED LIVING FACILITY BACK CREEK MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA BMW Comb, Cool ua WrOwlsr Oki 124 Ent fat 5tlr1 WrtheW. wpmaml Rau t,772 Fax .I o 722 5® C O N S U L bonwensiteg tom y o y 7 a A z 8 0 1n 8 a 1 4 GENERALIZED DEVELOPMENT PLAN HHHUNT CORPORATION ROUTE 50 ASSISTED LIVING FACILITY BACK CREEK MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA BMW Comb, Cool ua WrOwlsr Oki 124 Ent fat 5tlr1 WrtheW. wpmaml Rau t,772 Fax .I o 722 5® C O N S U L bonwensiteg tom REZONING: PROPERTY: RECORD OWNERS: PROPOSED PROFFER STATEMENT RA TO B2 Darla Poe Punkhouser Sharon S. Poe PITI -1 Properties, LTC Marathon Bank /United Bank APPLICANT: HHHunt Corporation PROJECT NAME: Route 50 Assisted Living Facility 10.47 Acres/ Tax Map Parcels: 53 -A -81, 53 -A -82, 53B -3 -24 53B -3 -25 PROFFER DATE: February 22, 2008 Revised: June 24, 2008; August 18, 2008; September 5, 2008; September 29, 2008; October 10, 2008 The undersigned hereby proffers that the use and development of the subject property "Property as identified above, shall be in strict conformance with the following conditions. In the event that the above referenced rezoning is not granted as applied for by the applicant "Applicant these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of Supervisors' (the `Board decision granting the rezoning may be contested in the appropriate court. if the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court. order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. Any improvements or other requirements proffered herein below shall be provided at the time of development of that portion of the Property adjacent to or including the proffered improvement or other proffered requirement, and no later than the time of issuance of a Certificate of Occupancy unless otherwise specified herein. When used in these proffers, the Generalized Development Plan shall refer to the one page plan entitled "HI -IHunt Corporation Route 50 Assisted Living Facility dated January 2008 and prepared by Bowman Consulting Group, LTD. and bearing the revision date October 14, 2008 "GDP The five foot (5') strip acquired from the Marathon Bank /United Bank property (Parcel 5313 -3- 24) shall be incorporated by Boundary Line Adjustment plat into Parcel 53B -3 -25, as shown on the GDP, and shall be subject to all applicable proffers. With the exception of Paragraph 3.2 below, the remainder of Parcel 53B -3 -24 shall be exempt from these proffers. 1. LAND USE/ 13UILDTNG The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or he taken as an interpretation of any provision of the proffers. The term "Applicant" as reference herein shall include within its meaning all future owners and successors in interest. The Applicant hereby proffers as follows: The Applicant intends to develop the property with up to 75,000 SF of assisted living care facility use. All other B -2 uses shall not be permitted on this site unless they are approved by Frederick County as part of a revised Proffer Statement. 1.2 All site improvements, as shown in the GDP, such as: Route 50 frontage improvements; Ward Avenue frontage improvements; an enhanced 100' road efficiency huller along Route 50; enhanced Category B buffer yards along east, west, and south property lines; on -site drive aisles and parking; sidewalks; and site landscaping and lighting shall be constructed or bonded by the Applicant at the earlier of within twenty -four (24) months of Zoning Approval or issuance of a Certificate of Occupancy. This does not include connections to future adjacent roads as illustrated on the GDP. 2. SITE DEVELOPMENT 2.1 Site entrances shall he limited to three (3) as shown on the GDP. The primary access to the site will be from Ward Avenue and the secondary access to the site will be by an improved right in /right out entrance along Route 50. Egress via the right in /right out entrance shall be restricted to Allegheny Power vehicles only, and shall be posted with signage accordingly. The third access point is shown along the southern boundary to maintain access to the existing Allegheny power service substation and to allow for a future connection to the Round Hill Road extension by others. The exact design and location of each entrance shall he determined upon final engineering and pursuant to the specifications and approval of the Virginia Department of Transportation (VDOT). 2.2 The Applicant agrees to use a mix of Krick and siding to break up the elevations of the structure and to provide an attractive facility generally as depicted in exhibits provided and which are attached and incorporated as Exhibit A. Any future additional structures will be required to use compatible materials for design continuity. 1RANSPORTATION 3.1 The Applicant agrees to dedicate a 25' right of way to allow for the construction by others of the future Round Hill Road extension as depicted on the GDP. Such dedication shall occur within ninety (90) days of receipt of a written request from either VDOT or Frederick County. If it is determined that the alignment of the 4. FIRE RESCUE southern road changes such that all or any portion of the proposed dedication is outside of the new alignment, the Applicant will be relieved of the obligation to dedicate all or a portion of the right of way. 3,2 Right -of -way shall be dedicated along the Ward Avenue frontage of Parcel 53B- 3-24 and Parcel 53B -3 -25 to permit the continuation of the three (3) lane curb and gutter road section to the southern boundary line of the Property (Parcel 538 -3- 25), and to allow for the construction of the proposed improvements to Ward Avenue as shown on the GDP. The Applicant shall dedicate all such right -of -way within twelve (12) months of Zoning Approval. 3.3 The Applicant will allow for inter parcel access to adjacent properties to help facilitate future connectivity within the Round Hill Land Use Plan (RHLUP) area. The location(s) of such future inter parcel connections shall he determined alter agreement with the adjacent property owners. 3.4 The Applicant agrees to contribute to Frederick County the sum of $25,000.00 for additional road improvements in the vicinity of the development. The payment shall be made by the Applicant upon the issuance of the building permit. 4.1 The Applicant shall contribute to Frederick County the sum of $25,000.00 for fire and rescue purposes upon the issuance of the building permit. In addition, the Applicant agrees to make an annual contribution in the amount of $5,000.00 to Frederick County to be used for fire and rescue purposes. Said payment shall be made on or before each annual anniversary of the issuance of the lirst building permit for the Property. Said annual $5,000.00 payment shall expire when and if Frederick County votes to require a fee- for service for the dispatch of fire or rescue vehicles. (SIGNATURES ON THE FOLLOWING PAGES) 3 Respectfully submitted, (de ak W. R. "Bo" Cook. Jr. (Applicant) 1 STATE OF VI(li int AT LARGE COUNTY of Jk MARL_ CL To -wit: The foregoin instrument was acknowledged before me this 2008,by W. ha" (()OK ,Jr. �S0N'T' Do My commission expires;. P �:'NOTARY' PUPI Registration No.: 2 REG H 324329 MY COMMISSION p EXPIRES ;2 r 10131120W Qom 4 loth day of 00the4 NOTARY PUBLIC tO Darla Poe Funkhouser (Owner) COMMONWEALTH OF VIRGINIA, AT LARGE_ FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this rt day of 2008, by W.R. "Bo" Cook, Jr., attorney -in -fact pursuant to a Special Limited Power of Attorney. N\ S O.N. T. 0 My commission expires. PU©LIC Registration No.: REG 324329 t 1. MY- COMM n EXPIRES 10/31/2011 �C- a, /,t �'ALT'r4O' 5 CLIAi NOTARY PI TI3LIC PI -ITI -I Properties, LLC (Owner) COMMONWEALTH OF VIRCINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this 10- day ofitlik 2008, by W.R. "Bo" Cook, Jr., attorney -in -fact pursuant to a Special Limited Power of Attorney. 1 LL 1G N t NOTARY PUBLIC 0 O o P�' NOTARY' Q�Z. My commission expires PUBLIC Registration No.: REGil324329 n My UOMMI,SSION i EXPIRE Q' 10/3i/201�_ ALTH0 0`. Sharon S. Poe (Owner) COMMONWEALTH OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this w day of 2008, by W.R. "13o" Cook, Jr., attorney -in -fact pursuant to a Special Limited Power of Attorney. ,��Uiurrrr�� S ON r. p NOTARY G PUBLIC My commission expires: REG 324329 Registration No.: MY COMMISSION z r "OS. 10131120ll ''FALTHo \s` rruuin"`� 7 NOTARY P )SLIC 1,0 n u c 7a 0 co 0 ft rij IL „n,.t cY r7 '1! 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ISSUE REVISI S ISSUE $E 1 C RT NO CEPi !q 4in,f ��fGN L 0 DATE HH Hunt Spring Arbor of Winchester Winchester, Virginia 410Gwmv An 5.20114.1. 0 m 0 z 0 rn a cn rn 0 r Z 0 0 L O (n y Z z ol m 1r1 r Z Q (.n T• O W i c co 0 0 0 c 2 CI la D C 0 a 0 m a D D 0 C A p 1'1 z (N1 mm c- a 7.1 N m C Z r N 71, DF D D CO D 'U l N 8 0 r 0 z 0 N 0 z m "T1 v C z D H- I `D O oo0 0 mz m 0 M (41 :0 m I D N D Z N D 0 O 0 w D D m 0 U1 0 D 0 U I NJ 0 z 0 z v0 O X w m ZA 7 0 1 N 0 0 13 0 ono O P1 m m u' ro N♦17 J CO 7 0 F\ I+ V/ c C Z l O z .m -0c co to c+ g i ll z Om m Z I p N I X W OD 1( Z-P rriw N Ill Al 3x D 0 n1 m 0 z r 0 rn 0 O C -n m o al z o _i G) (0 >m o -u M a m O r z m mm Z Z 0 0 C) r H _JI 2J m C4 i V 1 Hi41M (�,dM 30-iHo12� �ON1W ad 023 T4183i8 �5 ld 1\1131.531\10-\1.80N 0 CO m a NJ Ni1VM301S 5 a D C D C Nm 0 �r�'' Z 07 0 M CO -9 rnz I z N4 >10vaoS .5 I to Z 4a m C m� z 0 Z m CO W 0 0 N I Z W D N 0 z H 0 w 0 O O z CWco�ri M73 NI W Otv rn c N r k iss N ZI 0 0 m 0 4 Q, z c0O m c r*m 0 -I W a Z z o omc rom -0 f O Z7w a n r a O C 0z 0 m 0 a c o 0 c m z o m -4 7) m O 0 Z XJ `z m zo m 0 r PROPOSED PROFFER STATEMENT REZONING: RA TO B2 PROPERTY: 10.24 Acres Tax Map Parcels: 53 -A -81. 53 -A -82, 53B -3 -25 RECORD OWNERS: Darla Poe Funkhouser Sharon S. Poe PHTH Properties, LLC APPLICANT: FIHI- IuntCorporation PROJECT NAME: Route 50 Assisted Living Facility PROFFER DATE: February 22, 2008 Revised: June 24, 2008 The undersigned hereby proffers that the use and development of the subject property "Property as identified above, shall be in strict conformance with the following conditions. In the event that the above referenced rezoning is not granted as applied for by the applicant "Applicant these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of Supervisors' (the "Board decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. Any improvements proffered herein below shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. When used in these proffers, the General Development Plan "GDP shall refer to the plan entitled "Generalized Development Plan, Route 50 Assisted Living Facility" comprised of one (1) sheet, prepared by Bowman Consulting Group, LTD., and shall include the following: "Generalized Development Plan" dated January 2008 and revised through June 24, 2008 The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The term "Applicant" as reference herein shall include within its meaning all future owners and successors in interest. The applicant hereby proffers as follows: 1. LAND USE/ BUILDING The Applicant intends to develop the property with up to 75,000 SF of assisted living care facility use. All other B -2 uses shall be permitted on this site provided a new Traffic Impact Analysis is commissioned and any reasonable recommendations from said study will be addressed with the submission of a site plan for said uses. 1.2 All site improvements, as shown in the Generalized Development Plan (GDP), such as: Route 50 frontage improvements; Ward Avenue frontage improvements; an enhanced 100' road efficiency buffer along Route 50; enhanced Category B buffer yards along east, west, and south property lines; on -site drive aisles and parking; sidewalks; and site landscaping and lighting shall be constructed or bonded by the Applicant within the earlier of 1 year from Zoning Approval or issuance of Certificate of Occupancy. This does not include potential connections to adjacent (or future) roads as illustrated on the GDP. 2. SITE DEVELOPMENT 2.1 Site entrances shall be limited to three (3) as shown on the GDP. Direct access to the Property from Route 50 shall be limited to an improved right in/ right out only entrance. Secondary access is to be provided to Ward Avenue. The third access point is shown along the southern boundary to maintain access to the existing Allegheny power service substation and to allow for a future connection to the Round Hill Road extension by others. The exact design and location of each entrance shall be determined upon final engineering and pursuant to the specifications and approval of the Virginia Department of Transportation (VDOT). 2.2 The Applicant agrees to use a mix of brick and siding to break up the elevations of the structure and to provide an attractive facility generally as depicted in exhibits provided. Any future additional structures will be required to use compatible materials for design continuity. 3. TRANSPORTATION 3.1 Up to a maximum of 25' along the southern property boundary will be reserved for possible right -of -way dedication for the extension of existing Round Hill Road by others, consistent with the Round Hill Land Use Plan (RHLUP) provided said road is installed within five (5) years of this zoning approval. 3.2 The applicant has provided for potential inter parcel access locations to adjacent properties in the general locations noted on the GDP to help facilitate connectivity within the Round Hill Land Use Plan (RHLUP) area. 3.3 A revised Traffic Impact Analysis (TIA) will be submitted for any future development of this site. 3.4 The Applicant agrees to contribute to Frederick County the sum of $25,000.00 for future road improvements to Route 50, Ward Avenue, or the extension of Round Hill Road within 500 feet of the Property provided the improvements are completed within five (5) years of this zoning approval. The payment shall be made by the Applicant upon receipt of notice of commencement of the aforementioned road improvements provided said Notice is received within five (5) years of the approval of this rezoning, FIRE RESCUE 4.1 The Applicant shall contribute to Frederick County the sum of $2,000.00 for fire and rescue purposes, upon the issuance of a building permit. Respectfully submitted, a()Q4 R. "Bo" Cook, Jr. (Applicant) STATE OF 'V'Rt /n /!p AT LARGE CITY/ COUNTY of Ev v To -wit: The for of 2008, by My commission expires: 7 atanty z8 Registration No.: 3 Co 3 3a Th LriC Darla Poe Funkhouser R14161.4eF (Owner) W IP z6: day of 7V acknowledged before me this COMMONWEALTH OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: 5" The foregoing instrument was acknowledged before me this day of June, 2008, by Thomas Moore Lawson, Esquire, attorney -in -fact pursuant to a Special Limited Power of Attorney. \>S T p0 %o NOTARY'.(G'. PUBLIC My commission expire: 1 REG 324329 Registration No.: MY COMMISSION 18!31/201/ /et. O 4 NOTARY PUBLIC NOTARY PUBLIC Part( Pti -ear-ILL 1 PHTH Properties. LL (Owner) COMMONWEALTH OF VIRGINIA, AT LARGE FREDERICK COUNTY. To -wit: 1 The foregoing instrument was acknowledged before me this 25'� c day of June, 2008, by Thomas Moore Lawson, Esquire, attorney -in -fact pursuant to a Special Limited Power of Attorney. 7 NOTARY '•.t- PUBLIC My commission expires: 1 REG#32412q Registration No.: 0 i MY COMMISSION LXvfRtS "C 10/31/20i C 4LTHO 'I 3. 0 NOTARY PUBLIC July 26, 2011 Mr. W.R. Cook, Jr. HH Hunt Corp 117 Edinburgh South, Suite 100 Cary, NC 27511 RE: Proffer for Spring Arbor of Winchester Dear Mr. Cook: This letter is to inform you that the annual proffer of $5,000.00 has not been received by Frederick County for the above referenced. Proffered condition #4.1 FIRE RESCUE of Rezoning 06 -08, approved by the Frederick County Board of Supervisors on October 22, 2008, states that an annual monetary contribution of 55 is to be paid for fire and rescue purposes. As of the date of this letter, this proffer has not been paid. Please make arrangements to pay the total sum of 55,000.00 to Frederick County. We request payment within 30 days of the date of this letter. If you have any questions please call me at (540) 665 -5651. Sincerely, Mar Zoning Administrator MRC /bad r-R IS) rn it u1 ra rR -a sEca- aeliv o�matio pwebsit at,www.usps.com CGA E Postmark n-J on L] L a Postal (Domestic MAILTtI Onl ;No Insurance RECEIPT Covers. e� Provi 0 CERTIFIED ra O Return Receipt Fee o (Endorsement Required) Restricted Delivery Fee (Endorsement Required) ra c o Total Postage ent To Street, Apt. No.: or PO Box No. City, State, ZIP, Postage Certified Fee NTY of FREDERICK Department of Planning and Development 540/665 -5651 FAX: 540/665 -6395 Mr. W.R. Cook, Jr. HI-I Hunt Corp 117 Edinburgh South, Suite 100 Cary, NC 27511 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 July 26, 2011 Spring Arbor 800 Flethwood Boulevard Blacksburg, VA 24060 -4207 RE: Proffer for Spring Arbor of Winchester To Whom It May Concern: This letter is to inform you that the annual proffer of $5,000.00 has not been received by Frederick County for the above referenced. Proffered condition #4.1 FIRE RESCUE of Rezoning It 06 -08, approved by the Frederick County Board of Supervisors on October 22, 2008, states that an annual monetary contribution of $5,000.00 is to be paid for fire and rescue purposes. As of the date of this letter, this proffer has not been paid. Please make arrangements to pay the total sum of $5,000.00 to Frederick County. We request payment within 30 days of the date of this letter. If you have any questions please call me at (540) 665 -5651. Sincerely, ark R. Cheran Zoning Administrator MRC/bhd 0 0 0 Total Postage 8 FE Sent To '3tmot. Apt No.: or PO Box No. ON,, State, ZIP +4 RECOPY COUNTY of FREDERICK Department of Planning and Development 540/665 -5651 FAX: 540/665 -6395 Postal CERTIFIED Domestic MAIL, Onl No RECEIPT Insurance Covera• a Provided) Fo7�dellv_eryJinto= mallon.vlsit o u�websil at�www,usps c'om� ®I F CI Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) L U SE Spring Arbor 800 Flethwood Boulevard Blacksburg, VA 24060 -4207 G€103GatinnOVIMOECCD 2053=4)112 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 44' TREEACE of This DOCUMENT HAS A COLOREDaAg<pRopnip ON yvHim PAPER 43:00:Hotlikid?iri #6111,94113.116k1.60-4yif:' 55 2;3545 RL�lry,ond \./4 a q. 0 ".2 8 8 k, fl VMhhU nt cdm No Pay: thousand dollars and no cents August 3, C111 1573651 PAY Frederick County TO THE ORDER OF 107 North Kent Street Winchester VA 22601 rr 0 "Cf a .1 e 0,+. on 8kritit 1%;;M FOR 9EN aft I P i s, 4 _ilk -Le- ..a.1_ E i gl i A A m cc r oz D T 6 cm 1 CASH td v? 1.-- FORz 910,24 0 t„q,„ 0 1 1 --ta A c y: th faIrelOWIO:Pr La ti BALANCE 1 .5 ,c) q" DUE MONEY c 'SOL rt,1 4 rooNlirre -,z) 0 ORDER a) d 1--- sA c—±c 0 Trr L-1.4 CA 1 V.) sr:4 July 26;2011 Spring Arbor 800 Hethwood Boulevard Blacksburg, VA 24060 -4207 RE: Proffer for Spring Arbor of Winchester To Whom It May Concern: This letter is to inform you that the annual proffer of $5,000.00 has not been received by Frederick County for the above referenced. Proffered condition #4.1 FIRE RESCUE of Rezoning 06 -08, approved by the Frederick County Board of Supervisors on October 22, 2008, states that an annual monetary contribution of $5,000.00 is to be paid for fire and rescue purposes. As of the date of this letter, this proffer has not been paid. Please make arrangements to pay the total sum of $5,000.00 to Frederick County. We request payment within 30 days of the date of this letter. If you have any questions please call me at (540) 665 -5651. Sincerely, ark R. Cheran Zoning Administrator MRC/bhd Department of Planning and Development 540/665 -5651 FAX: 540/665 -6395 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 COUNTY of FREDERICK 1 cv d can 1(LI cek 4 �o W de pOS -tit `avf l 112,710 1 Action: PLANNING COMMISSION: PDRes 432 -08 September 17, 2008 BOARD OF SUPERVISORS: October 22, 2008 AMENDMENT W CO dd DN'\ %I nbi Recommended Denial ',soo-v b o° L cte �2 I 1 El APPROVED DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #06 -08 OF ROUTE 50 ASSISTED LIVING FACILITY WHEREAS, Rezoning #06-00 of Route 50 Assisted Living Facility, submitted by Bowman Consulting, to rezone 10.47 acres from RA (Rural Areas) District to B2 (General Business) District, with proffers dated February 22, 2008 and final revision dated October 10, 2008, was considered. The properties are located on the south side of Northwestern Pike (Route 50), west of the intersection of Ward Avenue and Route 50, in the Back Creek Magisterial District, and are identified by Property Identification Numbers 53 -A -8I, 53- A-82, 53B -3 -24 and 53B -3 -25. WHEREAS, the Planning Commission held a public hearing on this rezoning on August 20, 2008, and a public meeting was held on September 17, 2008; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on October 22 2008; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to change 10.47 acres from RA (Rural Areas) District to B2 (General Business) District, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. This ordinance shall be in effect on the date of adoption. Passed this 22' day of October, 2008 by the following recorded vote: Richard C. Shickle, Chairman Aye Gary W. Dove Gene E. Fisher Philip A. Lemieux PDRes. #32 -08 Aye Aye Aye Gary A. Lofton Bill M. Ewing Charles S. DeHaven, Jr. A COPY ATTEST Aye Aye Aye REZONING: PROPERTY: PROPOSED PROFFER STATEMENT RA TO B2 10.47 Acres/ Tax Map Parcels: 53 -A -81, 53 -A -82, 53B -3 -24 53B -3 -25 RECORD OWNERS: Darla Poe F unkhouser Sharon S. Poe PHTH Properties, LLC Marathon Bank/United Bank APPLICANT: HHHunt Corporation PROJECT NAME: Route 50 Assisted Living Facility PROFFER DATE: February 22, 2008 'Revised: June 24, 2008; August 18, 2008; September 5, 2008; September 29, 2008; October 14, 2008, October 20, 2008 The undersigned hereby proffers that the use and development of the subject property conditions. "Property as identified above, shall be in strict conformance with the following In the event that the above referenced rezoning is not granted as a "Applicant these proffers shall be deemed withdrawn shall belied for by the applicant these proffers are contingent upon final rezoning of the Property with null and n e Further, s day following the last t day y upon which the Frederick that rezoning which is in effect on the da s rezonine Fre k derick County Board of Supervisors' (the `Board decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming appealed, or, if appealed, the day following whic the decision has been art which has not been affirmed on appeal. Any improvements or other requirements proffered herein below shall be provided at the time of development of that portion of the Property adjacent to or including the proffered improvement or other proffered requirement, and no later than the time of issuance of a Certificate of Occupancy unless otherwise specified herein. When used in these proffers, the Generalized Development Plan shall refer to the one page plan entitled "HHHunt Corporation Route 50 Assisted Living Facility", dated January 2008 and prepared by Bowman Consulting Group, LTD. and bearing the revision date October 14, 2008 "GDP The five foot (5') strip acquired from the Marathon Bank/United Bank property (Parcel 53B -3- 24) shall be incorporated by Boundary Line Adjustment plat into Parcel 53B -3 -25, as shown on the GDP, and shall be subject to all applicable proffers. With the exception of Paragraph 3.2 below, the remainder of Parcel 53B -3 -24 shall be exempt from these proffers. e headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be as an interpretation of any provision of the proffers. The term "Applicant" as reference herein shall include within its meaning all future owners and successors in interest. The Applicant hereby proffers as follows: LAND USE/ BUILDING 1.1 The Applicant intends to develop the property with up to 75,000 SF of assisted living care facility use: All other B -2 uses shall not be permitted on this site unless they are approved by Frederick County as part of a revised Proffer Statement. 1.2 All site improvements, as shown in the GDP, such as: Route 50 frontage improvements; Ward Avenue frontage improvements; an enhanced 100' road efficiency buffer along Route 50; enhanced Category B buffer yards along east, west, and south property lines; on -site drive aisles and parking; sidewalks; and site landscaping and lighting shall be constructed or bonded by the Applicant at the earlier of within twenty -four (24) months of Zoning Approval or issuance of a Certificate, of Oc& ipancy. This does not include connections to future adjacent roads as illustrated on the GDP. 2. S11hDEVELOPMENT 2.1 Site entrances shall be limited to three (3) as shown on the GDP. The primary access to the site will be from Ward Avenue and the secondary access to the site will be by an improved right in/right out entrance along Route 50. Egress via the right in/right out entrance shall be restricted to Allegheny Power vehicles only, and shall be posted with signage accordingly. The third access point is shown along the southern boundary to maintain access to the existing Allegheny power service substation and to allow for a future connection to the Round Hill Road extension by others. The exact design and location of each entrance shall be determined upon final engineering and pursuant to the specifications and approval of the Virginia Department of Transportation (VDOT). 2.2 The Applicant agrees to use a mix of brick and siding to break up the elevations of the structure and to provide an attractive facility generally as depicted in exhibits provided and which are attached and incorporated as Exhibit A. Any future additional structures will be required to use compatible materials for design continuity. 3. TRANSPORTATION 3.1 The Applicant agrees to dedicate a 25' right of way to allow for the construction by others of the future Round Hill Road extension as depicted on the GDP. Such dedication shall occur within ninety (90) days of receipt of a written request from either VDOT or Frederick County. If it is determined by Frederick County that the alignment of the southern road (anticipated to be the future Round Hill Road extension) changes such that all or any portion of the proposed dedication is outside of the new alignment, the Applicant will be" relieved of the obligation to dedicate all or a portion of the right of way to the extent that the proposed dedication is outside the new alignment. Right -of -way shall be dedicated along the Ward Avenue frontage of Parcel 53B- 3-24 and Parcel 53B -3 -25 to permit the continuation of the three (3) lane curb and gutter road section to the southern boundary line of the Property (Parcel 53B -3- 25), and to allow for the construction of the proposed improvements to Ward Avenue as shown on the GDP. The Applicant shall dedicate all such right -of -way within twelve (12) months of Zoning Approval. 3.3 The Applicant will allow for inter- parcel access to adjacent properties to help facilitate future connectivity within the Round Hill Land Use Plan (RHLUP) area. The location(s) of such future inter- parcel connections shall be determined after agreement with the adjacent property owners. 3.4 The Applicant agrees to contribute to Frederick County the sum of $25,000.00 for additional road improvements in the vicinity of the development. The payment shall be made by the Applicant upon the issuance of the building permit. 4. FIRE RESCUE 4.1 The Applicant shall contribute to Frederick County the sum of $100,000.00 for fire and rescue purposes upon the issuance of the building permit. In addition, the Applicant agrees to make an annual contribution in the amount of $5,000.00 to Frederick County to be used for fire and rescue purposes. Said payment shall be made on or before each annual anniversary of the issuance of the first building permit for the Property. Said annual $5,000:00 payment shall expire when and if Frederick County requires a fee- for- service for the dispatch of fire or rescue vehicles. (SIGNATURES ON THE FOLLOWING PAGES] espectfully submitted, W. R. "Bo" Cook, Jr. (Applicant) STATE OF VIC 0 1 11 f e a. fAR To-wit AT LARGE COUNTY di The foregoing instrument was acknowledged before me this day of Mail, 2008, by 01 141111?"; 04 T. 0,-, C .:1/4 i•IMPRY 'PUBLIC My commission expires: f RF G#3243 29 Registration No.: tA`( GOt4M tb.7101A t glitS %is\ 10131011 0 /,,WEAIIN C) 4 ()UAW] k )W NOTARY PUBLIC Darla Poe Funkhouser (Owner) COMMONWEALTH OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this d) day of 2008, by W.R. `Bo" Cook, Jr., attorney -in -fact pursuant to a Special Limited Power of Attorney. �\s 1 PUBLIC REG #324329 My commission expires n M Y COMMISSION i Registration No.: p13v2o/ t 0 1, 0 5 t NOTARY PUBLIC cia PHTH Properties, LLC (Owner) COMMONWEALTH OF VIRGINIA, ATLARGE r FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this c2Uth day of liSfEL, 2008, by W.R. `Bo" Cook, Jr., attorney -in -fact pursuant to a Special Limited Power of Attorney. 0 X1111111 1,, �S�NT P, T...... Z PUBUC. commission expiris: REG 324329 Registration No.: E MY COMMISSION 10/31/20/./. LTH O 6 NOTARY PUBLIC Sharon S. Poe (Owner) COMMONWEALTH OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this ccri day of MB 2008, by W.R. "Bo" Cook, Jr., attorney -in -fact pursuant to a Special Limited Power of Attorney. 1 1111 11 111 te NOTARY PUBLIC My commission expires:_ REG 324329 Registration No.: r MY COMMISSION p EXPIRES o a 10 ./7 4 11 4 1 1::1 1 00 0 ti0 7 NOTARY PUBLIC ARATHON BANNK/UNIIT BANK By: 47- Its:' Prr-.5, -144 ./4 STATE OF AT LARGE Y/ COUNTY Fcetterict. To -wit: v, o',00 eeeaoase wN1E Jo z 9 Cy NOTARY 15 b My commission expires: PUSUC :2 Registration No.: MYCO�uenssion S o EXPIRES 07/31/201A .429 o o e TM O4s The foregoing instrument was acknowledged before me this 2008, by `��ity0lcS L 11e� 2 day of _Wdigli 0 t g OS °Fel 0 009'5 ;unouty IE ;o.L IE ;o ;qns 'IQOI ZOad ZOad dSVZ ,)sue a ai 560T cads) 0 vwora TlsodOQ u�TS on •Ooo'S b70 1 ft ti h na---AMd m"^ i� hIaOI XI II sa;E;sg poonnnng JDOT sa ;e;sa TUN XXIIEA s OHOI smop2aN EgoWiES HEW II salsa aptspogk 1 ni I N tW Cu 1 vczr a n ssagoid •oos IT s 33.W9 n F l als i yU 2 5 3 Amt` n o uogduosa(1 IOad sdtyl ag s;aptoog apoa ;a P ET/,f 80 a;ea tha QO P) nh L b r auot aa; zasn pica Teua;EN SM Jo ajeS (pio uoisuupgns/3uruoz) s ;uampuauty ;o ales aoueuipip uotsLntpgns ag 2wuoz soot ;Eogddy :moiaq pa;ou se pzeo ;zpaaa Xq (s)aa; 2mmono; alp io; luau &Ed ;daooy aseaid c» I b PEG d EUfits b i b bs #Pma E t 1 ORIVa aDZIVII) pdtalcutupreoa tovv (P) C `n adX.I. P apo0 diz `awls `41 ?a 1 L2 xo O cssaippV atueN &uedutoa is �f DOD Y M aureN FL x °oo mx x a XV- \..T m 4li(q n TT m <rm C V Vv vovovoo Vwvi i i i i OO'Cl =l FORM 46B08 Frederick County Department of Planning Development 107 N. Kent Street Ste 202 Winchester, VA 22601 540- 665 -5651 h pots O o 1( zz1o9