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HomeMy WebLinkAbout01-09 ApplicationApril 23, 2009 Mr. Evan Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 RE: REZONING 1101 -09, SILVER LAKE, LLC PINS: 52 -A -C, 52 -A -50, 52- A -50A, 52 -A -52 and 52 -A -63 Dear Evan: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting of April 22, 2009. The above referenced application was approved to rezone a total of 370.02 acres; 238.96 acres from RA (Rural Areas) District to B2 (General Business) District and 131.06 acres from RA to MS (Medical Support) District with proffers, for Commercial and Continuing Care Retirement Community (CCRC) Uses. The properties are located on the north side of Northwestern Pike (Route 50 West), west of Retail Boulevard and east of Poor House Road (Route 654), in the Gainesboro Magisterial District. The proffer statement, dated November 25, 2008, with final revision date of March 30, 2009, that was approved as a part of this rezoning application is unique to the above referenced properties and is binding regardless of ownership. Enclosed is a copy of the adopted proffer statement for your records. Please do not hesitate to contact this office if you have any questions regarding the approval of this rezoning application. Sincerely, -r— Michael T Ruddy Deputy Planning Director MTR/bhd Attachment cc: Silver Lake, LLC, 13 S. Loudoun St., Winchester, VA 22601 Gary W. Dove, Gainesboro District Supervisor George Kriz and Charles Triplett, Gainesboro Planning Commissioners Jane Anderson, Real Estate Commissioner of Revenue Department of Planning and Development 540/665 -5651 FAX: 540 /665 -6395 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 PI FREDERICK REZONING APPLICATION #0i -09 SILVER LAKE, LLC Staff Report for the Board of Supervisors Prepared: April 13, 2009 Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director John A. Bishop, AICP, Deputy Director Transportation Reviewed Action Planning Commission: 03/18/09 Recommended approval Board of Supervisors: 04/22/09 Pending PROPOSAL: To rezone 238.96 acres from RA (Rural Areas) District to B2 (General Business) District and 131.06 acres from RA to MS (Medical Support) District, with proffers, for Commercial and Continuing Care Retirement Community (CCRC) Uses. Total of 370.02 acres LOCATION: The properties are located on the north side of Northwestern Pike (Route 50 West), west of Retail Boulevard and east of Poor House Road (Route 654). BOARD OF SUPERVISORS UPDATE EXECUTIVE SUMMARY FOR THE 04/22/09 MEETING The Applicant submitted a revised Final Proffer Statement, Dated March 30, 2009. which addresses several minor comments that were offered by the Planning Commission, John Bishop, and the County Attorney. This final Proffer Statement is in an acceptable legal form. This application to rezone five parcels totaling 370.02 acres from the RA (Rural Areas) District to the MS (Medical Support) District) and the B2 (Business General) District with proffers for a Continuing Care Retirement Community and commercial land uses is generally consistent with the Comprehensive Policy Plan, and the Round Hill Land Use Plan. The Planning Commission evaluated the application; in particular those items identified in the Staff Report, to ensure that the impacts associated with this request have been adequately addressed by the Applicant. The application met with the satisfaction of the Planning Commission who believed that many of the impacts associated with this request, including; demonstrating how the application will achieve a campus style development, the protection of the areas of environmental features identified in the impact analysis in a greater area larger than that currently shown on the GDP, the extension of the U4D typical section along the entire length of Spinning Wheel Lane with the use of a landscaped median, and the monetary contributions aimed at mitigating the potential impact of the residential units on community facilities appear to have been adequately mitigated by the Applicant. The Planning Commission recommended approval of this application at their 03/18/09 meeting. Rezoning #01 -09 Silver Lake, LLC April 13, 2009 Page 2 This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. PROPOSAL: To rezone 238.96 acres from RA (Rural Areas) District to B2 (General Business) District and 131.06 acres from RA to MS (Medical Support) District, with proffers, for Commercial and Continuing Care Retirement Community (CCRC) Uses. Total of 370.02 acres LOCATION: The properties are located on the north side of Northwestern Pike (Route 50West), west of Retail Boulevard and east of Poor House Road (Route 654). MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBERS: 52 -A -C, 52 -A -50, 52- A -50A, 52 -A -52 and 52 -A -63. PROPERTY ZONING: RA (Rural Areas) District PRESENT USE: Residential, Vacant, Agricultural ADJOINING PROPERTY ZONING PRESENT USE: North: South: East: West: RA (Rural Areas) RA (Rural Areas) B2 (Business General) B2 (Business General) RA (Rural Areas) Use: Use: Use: Use: Agricultural Residential/Vacant Commercial Commercial Residential /Agricultural Rezoning #0l -09 Silver Lake, LLC April 13, 2009 Page 3 REVIEW EVALUATIONS: Virginia Dept. of Transportation: The documentation within the application to rezone this property appears to have significant measurable impact on Route 50. This route is the VDOT roadway which has been considered as the access to the property. VDOT is satisfied that the revised transportation proffers offered in the Silver Lake Property, LLC Rezoning Application dated February 19, 2009 address transportation concerns associated with this request. Before development, this office will require a complete set of construction plan detailing entrance designs, drainage features, and traffic flow data from the 1.T.E. Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to comment on all right -of -way needs, including right -of -way dedications, traffic signalization and off -site roadway improvements and drainage. Any work performed on the State's right -of -way must be covered under a land use permit. The permit is issued by this office and requires an inspection fee and surety bond coverage. Fire Marshal: Plan approval recommended. Round Hill Fire and Rescue Co.: I would like to go on record by stating that the proffer, while very generous, may or may not meet the needs of the Round Hill Community Fire and Rescue Company as written. The company may wish to pass on the offer of the parcel of land offered due to the added expense in relocating our entire operation from its present site. The company presently owns 7+ acres at their present site, which we feel would be adequate room for building a new fire and rescue facility while allowing us time to complete the building in its entirety. Due to the proposed expense of the new facility, we have considered building in stages, which would allow us the flexibility to utilize the existing facility for fund raising until funds are available for completing the new facility. Our fund raising currently provides us in excess of $100,000 annually and is very important to the operation of the department and one that we cannot do without or facility in which to do it in. There is language in the proffer statement that we would like to make comment to which I have added in the following: a. Control of the proposed signaling at the intersection of Northwestern Pike and Silver Lake Road by means of the Opticon System along with all associated equipment installation and maintenance cost is borne at the developer and/or Virginia Department of Transportation (VDOT). b. That as proposed, the traffic control signal being installed at Poor House Road and Northwestern Pike not be removed after the relocation of Poor House Road to allow us quicker and safer access to Northwestern Pike and points north and west. c. Should the company opt to accept the proposed land for new fire station, it is deeded to the Round Hill Community Fire and Rescue Company, whether done through Frederick County or the Fire Company and its agents and a Memorandum of Understanding (MOU) for its use only as a Fire Station and any ancillary structures. d. if the Round Hill Community Fire and Rescue Company decide to accept the land offer, we shall make all attempts, within reason and cost restraints to meet the covenants for the CCRC or the MS District portion of the development and would work with the developer to make the station design meet the intent of the development. e. All monetary contributions made to the County of Frederick are earmarked for the Round Hill Community Fire and Rescue Company and made available when construction of the new fire station starts, regardless of location. f. The developer shall provide sewer and water to the proposed land proffer prior to completion of a new fire station. All roadways that access Northwestern Pike be made completely accessible prior to starting any construction on a new fire and rescue facility. g. The developer assists or complete all site i Rezoning #01 -09 Silver Lake, LLC April 13, 2009 Page 4 Sanitation Authority: No comment. Service Authority: No comment. Health Department: No Comments. preparation to sub grade requirements for a new fire and rescue facility due to hidden and unforeseeable cost associated which the company may not be able to bear the burden of cost. Public Works Department: 1. Refer to the discussion of the Suitability of the Site, Page 3. The discussion should be expanded to include a paragraph describing the site topography and existing structures. The site description should also include a reference to the existing wastewater pond located dose to the northern property boundary and its potential impact on the site development. 2. Refer to Soil Types, Page 4. The discussion of the soil types should be expanded to include a detailed discussion of the karst limestone geology which underlies the entire site. The existence of the limestone as rock crops and potential voids will have a significant impact on site development as well as the design of environmental features such as stormwater management facilities. We strongly recommend that a detailed geotechnical study be performed prior to the submittal of the master development plan so that the karst features including rock outcrops, solution channels and sinkholes can be accurately located. The design of BMP facilities should reflect recommendations resulting from this study. 3. Refer to the paragraph titled Sewage Conveyance and Treatment, Page 7. The analysis of the projected sewage flows indicates a maximum flow of 259,014 gallons per day at project build out. However, the discussion indicates that there is only sufficient capacity to serve the CCRC and commercial land uses identified in the Phase 1 portion of the traffic impact analysis which limits development to 570 units within the CCRC and 180,000 square feet of commercial retail. Explain this potential conflict by indicating how the additional development described in Phases 2, 3 and 4 will be served by the sanitation authority. 4. Refer to Water Supply, Page 8. A similar conflict exists for the water supply as previously described for the sewage system. The discussion indicates sufficient water capacity exists for the Phase 1 development only. 1- lowever, the estimated maximum demand is calculated for the entire project. No reference is made to the sanitation authority's ability to meet this demand at build out. 5. Refer to Drainage, Page 9. As previously described in Comment #2, the site is completely underlain by a relatively pervious limestone formation. The development of the site will face many challenges in an attempt to balance increased runoffs and a decrease in infiltration. The design of BMP facilities may require the installation of impervious liners to prevent the infiltration of nutrients and /or pollutants directly into the underlying groundwater system. The concentration of runoffmay also cause solutioning and the creation of sinkholes within the site. These issues need to be carefully considered in the location and design of stormwater management systems. Department of Inspections: Existing structures require an asbestos inspection and demolition permit prior to removal. A permit for asbestos removal is also required prior to demolition activity and if asbestos is discovered. Comments shall be made at site plan/subdivision plan submittal. Rezoning #01 -09 Silver Lake, LLC April 13, 2009 Page 5 Historic Resources Advisory Board: The Study of Civil War Sites in the Shenandoah Valley, published by the National Park Service, identifies the Silver Lake, LLC Property as being located within the study area of the Second Battle of Winchester and is located adjacent to the core Battlefield area. In addition. the Rural Landmarks Survey Report for Frederick County, Virginia, identifies four structures listed as potentially significant within the immediate area of the subject site. The sites that are listed in the survey are: Hodgson House #34 -93), Walnut Grove 434 -98), Aspen Shade #34 -85), Abner Hodgson House #34 -94). After reviewing this information and the applicant's materials and proposals, the Historic Resources Advisory Board voted unanimously to support the Silver Lake Rezoning Application, provided that the applicant includes the tree save area designation in the proffered generalized development plan. It was the HRAB's opinion that the tree save area around the property's perimeter would provide appropriate visual protection for both the battlefield area and the historic sites nearby the proposed rezoning site. Department of Parks Recreation: The applicant has proposed to proffer a ten acre site, which includes a pond, wetlands and flood plain areas for park land. Although the language of the Comprehensive Policy Plan Amendment #05 -06 Round Hill Center refers to a `new ;ark in the area of the large pond the usable acreage proffered is not consistent with the Parks and Recreation Department's Comprehensive Plan. However, the applicant may want to consider expanding the proposed ten acre park area to include the entire drainage corridor which, after further review, may offer linear park features to include environmental areas and passive public recreational opportunities with trails in this planned commercial and retirement community. The Parks and Recreation Department is recommending the applicant provide pedestrian/bicycle facilities as part of a main transportation network. In addition, pedestrian/bicycle facilities should provide connectivity to the commercial areas in the proposed B2 District, to the east as well as along Route 50 which would be consistent with the MPO Bike /Pedestrian Trail Plan. The applicant should provide recreational amenities in the Continuing Care Retirement Community (CCRC) for those residents. Winchester Regional Airport: The proposed rezoning request lies outside of the Part 77 close in surfaces of the Winchester Regional Airport, therefore, proposed uses under the rezoning request should have no impact on airside operations of the Winchester Regional Airport. Frederick County Attorney: Please see attached letter dated February 13, 2009 from Roderick B. Williams, County Attorney. Planning Department: Please see attached Memo dated February 18, 2009 from Michael T. Ruddy. AICP, Deputy Planning Director. Planning Zoning: 1) Site History The property was included in the 2006 update to the Round Hill Land Use Plan which expanded the Sewer and Water Service Area to include these and other properties and provided for an improved land use plan for the Round Hill Community. This was approved by the Board of Supervisors on November 2007. Rezoning #01 -09 Silver Lake, LLC April 13, 2009 Page 6 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1 -1] Land Use The 2007 Comprehensive Policy Plan and the Round Hill Land Use Plan provide guidance on the future development of the property. The property is located within the SWSA. The proposed commercial and medical support land uses are supported by the Comprehensive Plan. The adopted Round Hill Land Use Plan has been included with this agenda package for your information. The Round Hill Land Use Plan recommends that as land is developed over time and infrastructure extended, that consideration be given to how this development might further the long range goal of providing sewer to the core area of the community. Through coordination with the Frederick County Sanitation Authority, the proposed infrastructure should be sufficiently sized to meet the needs of the Round Hill Land Use Plan and the infrastructure should be ultimately accessible to other properties within the area. The Round Hill Land Use Plan encourages a variety of design principles for the Route 50 corridor (see Design Principles for the Round Hill Route 50 Corridor). These design elements should be recognized as being applicable to the B2 commercial property along Route 50 and have been generally addressed in the proffer statement. The only element that could be addressed to a greater extent is the placement of buildings close to Route 50 with landscaped parking lots in the rear. Building location and site layout and design elements have not been addressed in this application. Recently, several rezoning applications, including the WWW and Botanical Square rezoning requests, have addressed the above design principles in some form. This rezoning application generally addresses the design principles of the Round Hill Land Use Plan. The Round Hill Land Use Plan identifies this area for a large campus style development. The campus style development should provide for boulevard street designs, street tree designs, bicycle and pedestrian paths, and connectivity between development and common green space gathering areas. To that end, the application generally addresses the Round Hill Land Use Plan. However, a greater amount of consideration could be provided to the coordinated design and layout of the commercial portion of this project, in particular, with the building location and site layout and design elements. The application should clearly demonstrate how it will achieve a campus style development. Presently, this has not been identified clearly. Rezoning #01 -09 Silver Lake, LLC April 13, 2009 Page 7 The application provides for street trees along the major thoroughfares within the project, the ten foot multiuse trail extended along the length of Spinning Wheel Lane and internal to the project, and the U4D typical section for a portion of the collector road. The U4D typical section should be extended along the entire length of Spinning Wheel Lane with the use of a landscaped median. The Round Hill Land Use Plan is specific about this ultimate road section. This ultimate design should be reflected in any initial designs for a two lane section of this road that may be implemented east of the intersection of Spinning Wheel and Silver Lake. The Round Hill Land Use Plan recommends that a new park be included with the development of this area. Such a park should be a passive recreational facility with trails, benches, and outdoor eating areas. It is recommended that an area larger than that currently shown on the GDP is provided in order to be consistent with the area shown in the Round Hill Land Use Plan. The area shown in the Round Hill Plan is generally consistent with the area of environmental features that runs through the central portion of the property. It is important to protect the areas of environmental features identified in the impact analysis and provide for a greater area for the park. The GDP could be modified accordingly. The area immediately north east of the intersection of Spinning Wheel Lane and Silver Lake Road extended that contains the existing pond and associated wetlands should also be incorporated into this park area or alternately incorporated into preserved areas of open space within the CCRC and future B2. Transportation The Round Hill Land Use Plan recommends regional transportation improvements along the Northwestern Pike corridor, as well as on the north side of this corridor that traverse the subject site. The Round Hill Land Use Plan recommends travel lane and signalization needs associated with development in the study area. This application generally addresses these improvements in a positive manner. A new major collector road, Spinning Wheel Lane is identified through the center of this project providing connectivity between Route 50 and area of commercial development to the east of this property. This new road should be an urban four lane divided section with the use of landscape medians throughout its entirety. This application provides for the U4D typical section, but only for the portion of the collector road from Route 50 back to the internal intersection with Silver Lake Drive. The U4D typical section should be extended along the entire length of Spinning Wheel Lane with the use of a landscaped median. The Round Hill Land Use Plan is specific about this ultimate road section. This ultimate design should be reflected in any initial designs for a two lane section of this road The Round Hill Land Use Plan also recognizes the need to ultimately extend the intemal road network to provide for a connection to Poorhouse Road The application recognizes this connection by providing for two alternate locations for this road connection internal to the Silver Lake property. Of the two alternatives for the potential realignment of Poorhouse Road, Option 1 would be the most preferable. No off -site improvements have been provided to make this connection. Rezoning #01 -09 Silver Lake, LLC April 13, 2009 Page 8 The application provides for bike and pedestrian connectivity throughout the project and along the projects frontage with Route 50. Pedestrian accommodations have been made at the major intersections. Interparcel connectivity has been provided on each commercial lot within the B2 section as development occurs. Each of these elements addresses other transportation components of the Round Hill Land Use Plan. It is recommended that key sections of the trail network should be completed for the benefit of the initial occupants of the project, the proffered CCRC. To that end, the portion of the trail internal to the passive open space should be advanced if possible. Site Access and design. The Generalized Development Plan provided for this project depicts the location of the internal road systems serving this project. Spinning Wheel Lane serves as the properties major collector road, intersecting with Route 50, and connecting to the existing road system to the rear of the development containing Wal Mart. Silver Lake Drive provides an additional connection to Route 50, intersects with Spinning Wheel Lane and ultimately may provide a connection with Poorhouse Road. An additional internal street provides access to the western commercial portion of the property. 2) Site Suitability/Environment This property contains a significant amount of Green Infrastructure features including; 30.67 acres of floodplain, identified areas of wetlands, small areas of steep slopes, rock outcroppings, and areas of mature woodlands. Such features could and should be incorporated into the project to a greater extent than is presently provided, at a minimum to address the area identified in the Round Hill Land Use Plan which would provide for a greater area of protected passive open space. It is recommended that a commitment is made to preserving areas containing such features, particularly in those locations that are outside of any areas of anticipated land disturbance and in areas that exceed the required distance buffer locations. It is recognized that the County's development standards provide protection to such features. I- Iowever, the Generalized Development Plan could be used to incorporate these features into the design of the project to a greater extent. The proffer statement commits to preserving mature woodlands in areas where buffers are required during the MDP approval process. However, in other areas it is preferable to incorporate such features as simply as possible into design of GDP where appropriate. This would appear to be achievable in the area of proposed MS zoning where several of the significant rock outcroppings and larger areas of mature woodlands around the properties perimeter are located. The property contains the ruins of a house that would appear to be historic in nature. While this structure is not contained within the Rural Landmarks Survey, it is recommended that the historic house is addressed in some manner by this application and certainly prior to any development or land disturbance on the site. This item has not been addressed at this time. Rezoning #01 -09 Silver Lake, LLC April 13, 2009 Page 9 3) Potential Impacts A. Transportation Please recognize that this project proposes developing an area of MS Medical Support District and an area of B2 Business General District. The MS area is proffered to specifically be a CCRC (Continuing Care Retirement Community) with a maximum density of eight units per acre. This would potentially yield 1,048 residential units. The B2 district does not proffer any limitation on the amount of commercial development that could occur. Therefore, the potential impacts associated with the commercial development should be recognized. With regards to transportation, the TIA projects the build -out of this project within four phases. However, there is no limitation on the amount of development beyond the fourth phase. This potentially may allow a significantly larger amount of development than has been evaluated in the TIA. This comment is also applicable to other components of the rezoning where the potential would exist for a greater amount of development than has actually been modeled. The Applicant has provided an approach that addresses the potential of additional transportation impacts to the satisfaction of the County's Transportation Planner and VDOT. A Traffic Impact Analysis (TIA) was prepared for the Silver Lake, LLC application dated November 25, 2008. The TIA assumes the total build -out of the Continuing Care Retirement Community (CCRC); 583,050 square feet of commercial retail; and 494,600 square feet of office land use that is developed over a four -phase study. The 'HA studies turning movements and capacities at five intersections along the Northwestern Pike (U.S. Route 50 West) corridor, as well as the northbound and southbound on and off ramps at the Route 37 interchange. The Applicant's transportation program is based upon this four phased approach to addressing the transportation impacts associated with this project. In general, the approach of the TIA is summarized as follows. Phase 1 The development of 570 units within the CCRC and 180,000 square feet of commercial retail Improvements include new traffic signalization at the intersection of Northwestern Pike and Poor House Road, new traffic signalization and tuna lane improvements at the intersection of Northwestern Pike and Spinning Wheel Lane, and improvements to the Route 37 southbound off ramp to establish a free flow right turn condition onto Northwestern Pike. Phase 2 Increases development to account for an additional 170,000 square feet of commercial retail and 105,000 square feet of office land use. Improvements include new signalization and turn lane improvements al the intersection of Northwestern Pike and Silver Lake Road, the development ofa two -lane east -west road system that connects Spinning Wheel Lane to Retail Boulevard, improvements lo the Route 37 Rezoning #01 -09 Silver Lake, LLC April 13, 2009 Page 10 northbound off ramp to provide for a second right turn lane, and the development ofa third westbound travel lane on Northwestern Pike under the Route 37 bridge structure. Phase 3 Increases development to account for an additional 140,000 square feet of commercial retail and 245,000 square feet of office land use. Improvements include the provision ofa second right turn lane on Spinning Wheel Lane at the intersection of Northwestern Pike, and the extension of the east -west road system to connect with Poor House Road (Route 654). Please recognize that the connection over to Poor House Road via option 1 is not provided for with this application. Option 2 would be implemented if land has not been made available to implement Option 1. Phase 4 Includes the complete build -out of the CCRC and the complete build -out of the commercial and office center, accounting for an additional 93,050 square feet of commercial retail and 144,600 square feet of office land use. Improvements include the provision ofa second left turn lane on Silver Lake Road at the intersection of Northwestern Pike, the provision of a second lefi turn lane on Botanical Boulevard at the intersection of Northwestern Pike, the development ofa third westbound travel lane on Northwestern Pike between Silver Lake Road and Poor House Road, and the development ofa third eastbound travel lane on Northwestern Pike from Retail Boulevard through the Route 37 overpass bridge. Beyond Phase 4 In the event that the Applicant would develop commercial and /or office land uses that exceed the maximum square feet or total trip generation specified in the transportation program, the Applicant has proffered that a new TIA shall be prepared and any necessary transportation improvements will be implemented as a condition of site plan approval. It is recognized that a significant amount of transportation infrastructure is being addressed with this application. However, it should be noted that the TIA concludes that several locations would function at a level of service D or better, and level of service F at the Route 50 intersection with Route 37 northbound. This occurs during the later phases of this project and is with the improvements in place. The Comprehensive Plan seeks to achieve a level of service C or better on impacted roads and intersections. As identified previously, Spinning Wheel Lane is identified as an urban four lane divided section with the use of landscape medians throughout its entirety. This application provides for the U4D typical section, but only for the portion of the collector road from Route 50 back to the internal intersection with Silver Lake Drive. The U4D typical section should be extended along the entire length of Spinning Wheel Lane with the use ofa landscaped median. The Round Hill Land Use Plan is specific about this ultimate road section. This ultimate design should be reflected in any initial designs for a two lane section of this road. Rezoning #01 Silver Lake, LLC April 13, 2009 Page 11 B. Water Sewer The proposed build -out of the 370 acre property is estimated to add 259,014 gallons per day to the public sewage conveyance system. In addition, it is estimated to require 370,020 GPD of public water service for the commercial, office and CCRC land uses. The FCSA water transmission system provides water service to this area of the community via the Stephens City quarry system from the James H. Diehl Water Filtration Plant and the Clearbrook quarry system from the North Water Filtration Plant. The development of land uses in the first phase will direct effluent to the Opequon Water Reclamation Facility (OWRF) through the existing pump station and sewer force main system Water and sewer lines would need to be sized to ultimately include residential land in the community center core area. The Round Hill Land Use Plan recommends that as land is developed over time and infrastructure extended, that consideration be given to how this development might further the long range goal of providing sewer to the core area of the community. Coordination with the Frederick County Sanitation Authority is occurring to ensure that the proposed infrastructure is sized sufficiently to meet the needs of the Round Hill Land Use Plan and that the infrastructure will be ultimately accessible to other properties within the area. C. Community Facilities The development of this site will have an impact on community facilities and services. However, it is recognized that commercial uses generally provide a positive impact on community facilities through the additional generation of tax revenue. Ultimately, the commercial component of this project will generate tax revenue for the County. As presented, this application does not provide any commitment as to the timing or phasing of the commercial land uses. Therefore, the County has typically sought to address such an approach and the impacts of any residential land uses consistent with the impacts Development Impact Model (DIM). Due to the aged nature of the proffered CCRC residential use, the school component of the DIM should not be a consideration. However, the impacts to the other components of the DIM should be addressed in some manner. The recreational and leisure requirements that may be required by ordinance or may be provided with the development of the CCRC would not typically negate the need to address the impacts identified by the DIM. Fire and Rescue This application's significant effort to address the fire and rescue community facility impacts is duly recognized and appreciated. This application provides for land dedicated to Frederick County for the development of a new fire and rescue station and support facilities serving the Round Hill Community. The Applicant's proffer calls for the dedication of land fronting on Silver Lake Road that is located Rezoning #01 -09 Silver Lake, LLC April 13, 2009 Page 12 near the intersection of Northwestern Pike (U.S. Route 50 west), which is a minimum of three acres and a maximum of four acres in size. Additionally, the Applicant has proffered to provide a monetary contribution to Frederick County in the amount of $1,000,000.00 for the development of a new fire and rescue station providing service to the Round 1 -fill Community, to develop the necessary access and infrastructure to the new facility if it is located on the project site, and to design proffered traffic signalization with preemption technology. Should the new fire and rescue station providing service to the Round Hill Community be developed at another location, the Applicant has proffered to provide an additional $100,000.00 for the development of this facility. 1) Proffer Statement Dated November 25, 2008; revised March 2, 2009 (Please note that the final Proffer Statement is dated March 30, 2009 and is included in your package) The Proffer Statement for this Application is very detailed. The following is a summary of some of the key components of the proffer statement with those items that need to be addressed identified. A) Generalized Development Plan A Generalized Development Plan has been proffered which identities the general location of the MS and B2 zoning districts, the general location of the primary public street systems and access to Route 50, the general location of the proposed fire and rescue station, the general location of the passive open space area, the 50' landscape buffer adjacent to Route 50, the trail system, and the phasing of the transportation program. The GDP consists of three sheets, with pages 2 and 3 providing additional detail on improvements to intersections within Route 50. B) Land Use The Applicant has specifically proffered a CCRC (Continuing Care Retirement Community) with a maximum density of eight units per acre for the portion of the property to be zoned MS. This would potentially yield 1048 residential units. The B2 district does not proffer any limitation on the amount of commercial development that could occur. Several B2 uses have been prohibited by proffer. Areas of mature woodlands are proffered to be preserved in those areas where buffers would be required. A linear area of passive open space has been provided central to the project. A 50 foot landscaped buffer area has been provided along Route 50. Landscaping in the form of street trees has been provided along the main thoroughfares of the property, Spinning Wheel Lane and Silver Lake Road. Additional evergreen landscaping is to be provided adjacent to required buffer areas adjacent to residentially used RA land. It is important to protect areas of environmental features identified in the impact analysis and provide for a greater area for the park. It is recommended that an area larger than that currently shown on the GDP is provided in order to be consistent wills the area shown in the Round Hill Land Use Plan. Rezoning #01 -09 Silver Lake, LLC April 13, 2009 Page 13 An architectural review board responsible for ensuring certain site development and building design standards has been proffered. C) Transportation The application limits entrances to the CCRC to two, limits full service commercial entrances onto Route 50 and Poorhouse Road (no commercial entrances are permitted on Poorhouse Road), and has ensured inter parcel connectors between all adjoining commercial and office land uses. The Application provides for a bike and pedestrian facility that is 10 feet in width throughout the project as identified on the GDP. The phased development of this facility is described in detail. The Applicant has proffered a four phase approach to the transportation improvements provided with the development of this project as follows: Phase 1 The development of 570 units within the CCRC and 180,000 square feet of commercial retai I. Phase 2 Increases development to account for an additional 170,000 square feet of commercial retail and 105,000 square feet of office land use. Phase 3 Increases development to account for an additional 140,000 square feet of commercial retail and 245,000 square feet of office land use. Phase 4 Includes the complete build -out of the CCRC and the complete build -out of the commercial and office center, accounting for an additional 93,050 square feet of commercial retail and 144,600 square feet of office land use. Improvements associated with the above phasing include; all necessary right of way dedications, signalization improvements at each new intersection fronting on Route 50 and at Poorhouse Road including pedestrian accommodations, improvements within the Route 50 right of way including additional lane improvements, the construction of Spinning Wheel Lane initially as a four lane divided section from Route 50 to the future roundabout and as an undivided section through the remainder of the property. the construction of Silver Lake Road throughout the property initially as a two lane section with an ultimate four lane facility, improvements within the Route 37 interchange with Route 50, and the ability to utilize any funding consistent with these Route 37 interchange improvements by Frederick County for matching funds for qualifying transportation improvement programs or grants. The U9D typical section should be extended along the entire length of Spinning Wheel Lane with the use of a landscaped median. The Round Hill Land Use Plan is specific about this ultimate road section. Rezoning #01 -09 Silver Lake, LLC April 13, 2009 Page 14 Community Facilities The Applicant has proffered the dedication of land to Frederick County for the development of a new fire and rescue facility serving the Round Hill Community. Please note that this proffered dedication of a fire and rescue site has a five year sunset clause attached to it. Frederick County typically does not prefer sunset clauses attached to proffered commitments. The offer calls for the dedication of land fronting on Silver Lake Road that is located near the intersection of Northwestern Pike (U.S. Route 50 west), which is a minimum of three acres and a maximum of four acres in size. Additionally, the Applicant has proffered to provide a monetary contribution to Frederick County in the amount of $1,000,000.00 for the development of a new fire and rescue station providing service to the Round Hill Community, to develop the necessary access and infrastructure to the new facility if it is located on the project site, and to design proffered traffic signalization with preemption technology. Should the new fire and rescue station providing service to the Round Hill Community be developed at another location, the Applicant has proffered to provide an additional $100,000.00 for the development of this facility. The Applicant has not proffered any monetary contributions aimed at mitigating the potential impact ofate residential units on the following community facilities; Parks and Recreation, Public Safety, Library, and General Government. The projections of the Development Impact Model (DIM) recognize residential projects that would typically generate some form of tax revenue for the County through the payment of real estate taxes. Alternative approaches to this may model have an impact on the projections of the DIM and the financial impacts of future residential units. STAFF CONCLUSIONS FOR THE 03 /18/09 PLANNING COMMISSION MEETING: This application to rezone five parcels totaling 370.02 acres from the RA (Rural Areas) District to the MS (Medical Support) District) and the B2 (Business General) District with proffers for a Continuing Care Retirement Community and commercial land uses is generally consistent with the Comprehensive Policy Plan, and the Round Hill Land Use Plan. The following items should be addressed to the satisfaction of the Planning Commission prior to making a recommendation to the Board of Supervisors. In addition, many of the impacts associated with this request appear to have been adequately mitigated by the Applicant, subject to addressing those items noted in the evaluation of the proffer statement. The application should demonstrate how it will achieve a campus style development as envisioned by the Round Hill Land Use Plan. Presently, this does not appear to be fully or clearly achieved Rezoning #01 -09 Silver Lake, LLC April 13, 2009 Page 15 It is important to protect the areas of environmental features identified in the impact analysis and provide for a greater area for the park. It is recommended that an area larger than that currently shown on the GDP is provided in order to be consistent with the area shown in the Round Hill Land Use Plan. The U4D typical section should be extended along the entire length of Spinning Wheel Lane with the use of a landscaped median. The Round Hill Land Use Plan is specific about this ultimate road section. The B2 district does not proffer any limitation on the amount of commercial development that could occur. Therefore, the potential impacts associated with the commercial development beyond that evaluated should be carefully considered. The Applicant has not proffered any monetary contributions aimed at mitigating the potential impact of the residential units on the following community facilities; Parks and Recreation, Public Safety, Library, and General Govermnent. PLANNING COMMISSION SUMMARY AND ACTION OF THE 03/18/09 MEETING: Mr. Evan W. Wyatt, with Greenway Engineering, representing the Silver Lake rezoning request which included the Silver Lake commercial rezoning and the National Lutheran Home Medical Support District rezoning, addressed the staffs outstanding issues, as follows: Regarding efforts to achieve a campus style development, Mr. Wyatt said the applicant is proffering street trees along all major roads; an existing mature woodland area will be preserved along Spinning Wheel Lane; and the bases on monument signs will be consistently designed providing a subtle, but visually recognizable structure throughout the project. He said major intersections on Route 50 will have crosswalks, pedestrian activation on traffic signals, underground utilities, and proffered interparcel connectivity for the commercial uses. In addition, the 50 -foot landscaped strip along Route 50 and Spinning Wheel Lane will contain ornamental shrubs, street trees, and a hiker /biker trail along the entire frontage of the property. Regarding the recommendation to provide a greater area for the park and protect environmental features, Mr. Wyatt said the green area was originally envisioned to be a county -owned public park; however, the Parks Recreation Board decided against taking the land and it reverted back to a passive open space area. He said this passive open space area is not a public park, although it has been equipped with amenities such as trails that link to Route 50, as well as the main parallel road to Route 50, Spinning Wheel Lane. Additional areas of woodland preservation will be provided with the MDP. Regarding efforts to extend the U4D typical section along the entire length of Spinning Wheel Lane with the use of a landscaped median, Mr. Wyatt said the applicant is providing a landscaped raised median section from Route 50 back to the traffic circle; it transitions out of the traffic circle with some raised median and then continues as an urban section with four lanes, but does not have a raised grass Rezoning #01 -09 Silver Lake, LLC April 13, 2009 Page 16 median. He said the road improvement plan designed to tie into the retail is not a raised median, but a four -lane divided highway; he believed this design was consistent with what is perceived to be a campus -style development. It is recognized that this design is not consistent with what is called for in the Round Hill Land Use Plan. Addressing potential impacts associated with commercial development beyond that evaluated, Mr. Wyatt explained the use of color coding for the various road segments and how it related to the project's phases of development. He said the color coding demonstrates phasing improvements, with lighter green to darker green in sequential order, and until every improvement associated with each phase is provided, the applicant is capped at a certain square footage of commercial along the way. For example, if the applicant has an opportunity to develop more than 180,000 square feet of retail use designated for Phase I, the applicant would have to install all the improvements not only in the areas of very light green, but the next shade of green as well. Mr. Wyatt noted that although additional monetary contributions were not offered by the applicant for community facilities other than fire and rescue, Mr. Wyatt noted they have been working closely with the Sanitation Authority and this project addresses the goals of the Comprehensive Policy Plan by contributing to the expansion of services further up the corridor towards the community center, as follows: 12 -inch water and sewer lines will be installed to satisfy future growth in the area, although the applicant's needs on site require only eight -inch water and sewer lines; the applicant will install a one million gallon tank as opposed to a 600,000 gallon water tank projected to be sufficient solely for the project's needs; and easements will be provided at no cost along the applicant's commercial properties within the SWSA for connectivity by adjacent properties. The water and sewer improvements will not be done right away, but will occur as development proceeds. In addition, Mr. Wyatt commented that the County's Fiscal Impact Model indicated a 32.28 million dollar positive impact to the County with the projected commercial uses and the independent living units associated with the CCRC will pay real estate taxes, providing another revenue source to the County. During the citizen comment portion of the hearing, the chairman recognized approximately six to ten fire and rescue personnel in attendance. Speaking on behalf of the Round Hill Community Fire and Rescue Company, one representative expressed concerns about the lack of specificity in the language of the applicant's proffer designating the Round Hill Community Fire and Rescue Company as the recipient of the monetary contribution and the acreage. He said the proffers are intended for the impacts to the first due company in the area; however, the proffer language simply refers to the County of Frederick for the Round Hill Community as the recipient of the monetary contribution and acreage. The Round Hill Community Fire and Rescue Company Chief voiced a concern about the impacts of additional traffic on response times for fire and rescue vehicles traveling along Route 50. He suggested pre emption devices on all the traffic signals installed along Route 50. Three other citizens spoke; one citizen had concerns about the impact of additional traffic and one expressed concern that the residents had not been properly notified of the pending public hearing. The third citizen, an adjacent property owner, spoke in favor of the project; he believed the National Lutheran Home would bring an enhancement to the Route 50 corridor and to the Round Hill Rezoning #01 -09 Silver Lake, LLC April 13, 2009 Page 17 community. He also thought the National Lutheran Home would encourage other good development on the remainder of the project. Commission members had positive comments about the proposal and commended the applicant and Greenway Engineering for a well planned and well thought -out project. Commissioners thought this was a good project for Frederick County and they believed the National Lutheran Home component was a much needed asset to the community. Commission members said they would like to see a commitment made by the Board that the funds will stay within the Round Hill Community and that the fire and rescue station will benefit from those funds. The Planning Commission unanimously recommended approval of the rezoning with the proffers submitted by the applicant. (Note: Commissioner Kriz was absent from the meeting.) STAFF UPDATE FOR THE 04/22/09 BOARD OF SUPERVISORS MEETING: A revised Proffer Statement, Dated March 30. 2009, was provided by the Applicant following the Planning Commission's recommendation which addresses several minor comments that were offered by the Planning Commission, John Bishop, and the County Attorney. The revised Proffer Statement is in an acceptable legal form. The items previously identified in the staff report remain a consideration. However, the Planning Commission's positive recommendation was based upon a thorough review and evaluation of the request including the issues identified in the staff report. This application to rezone 370.02 acres to the MS (Medical Support) District and the 132 (Business General) District with proffers for a Continuing Care Retirement Community and commercial land uses is generally consistent with the Comprehensive Policy Plan, and the Round Hill Land Use Plan. 0) m LL 0 0 0 0 N 0 1 oo 0 :000000 !S i N r o C f e. I I REZONING APPLICATION #01 -09 SILVER LAKE, LLC Staff Report for the Planning Commission Prepared: March 2, 2009 Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director John A. Bishop, AICP, Deputy Director Transportation Reviewed Action Planning Commission: 03/18/09 Pending Board of Supervisors: 04/08/09 Pending PROPOSAL: To rezone 238.96 acres from RA (Rural Areas) District to B2 (General Business) District and 131.06 acres from RA to MS (Medical Support) District, with proffers, for Commercial and Continuing Care Retirement Community (CCRC) Uses. Total of 370.02 acres LOCATION: The properties are located on the north side of Northwestern Pike (Route 50 West), west of Retail Boulevard and east of Poor House Road (Route 654). EXECUTIVE SUMMARY STAFF CONCLUSION FOR THE 03/18/09 PLANNING COMMISSION MEETING: This application to rezone five parcels totaling 370.02 acres from the RA (Rural Areas) District to the MS (Medical Support) District) and the B2 (Business General) District with proffers for a Continuing Care Retirement Community and commercial land uses is generally consistent with the Comprehensive Policy Plan, and the Round Hill Land Use Plan. The following items should be addressed to the satisfaction of the Planning Commission prior to making a recommendation to the Board of Supervisors. In addition, many of the impacts associated with this request appear to have been adequately mitigated by the Applicant, subject to addressing those items noted in the evaluation of the proffer statement. The application should demonstrate how it will achieve a campus style development as envisioned by the Round Hill Land Use Plan. Presently, this does not appear to be filly or clearly achieved. It is important to protect the areas of environmental features identified in the impact analysis and provide for a greater area for the park. It is recommended that an area larger than that currently shown on the GDP is provided in order to be consistent with the area shown in the Round Hill Land Use Plan. The U4D typical section should be extended along the entire length of Spinning Wheel Lane with the use of a landscaped median. The Round Hill Land Use Plan is specific about this ultimate road section. Rezoning #01 -09 Silver Lake, LLC March 2, 2009 Page 2 The B2 district does not proffer any limitation on the amount of commercial development that could occur. Therefore, the potential impacts associated with the commercial development beyond that evaluated should be carefully considered. The Applicant has not proffered any monetary contributions aimed at mitigating the potential impact of the residential units on the following community facilities; Parks and Recreation, Public Safety, Library, and General Government. Rezoning 1101 -09 Silver Lake, LLC March 2, 2009 Page 3 This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. PROPOSAL: To rezone 238.96 acres from RA (Rural Areas) District to B2 (General Business) District and 131.06 acres from RA to MS (Medical Support) District, with proffers, for Commercial and Continuing Care Retirement Community (CCRC) Uses. Total of 370.02 acres LOCATION: The properties are located on the north side ofNorthwestern Pike (Route 50West), west of Retail Boulevard and east of Poor House Road (Route 654). MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBERS: 52 -A -C, 52 -A -50, 52- A -50A, 52 -A -52 and 52 -A -63. PROPERTY ZONING: RA (Rural Areas) District PRESENT USE: Residential, Vacant, Agricultural ADJOINING PROPERTY ZONING PRESENT USE: North: South: East: West: RA (Rural Areas) RA (Rural Areas) B2 (Business General) B2 (Business General) RA (Rural Areas) Use: Use: Use: Use: Agricultural ResidentialNacant Commercial Commercial Residential /Agricultural Rezoning #01 -09 Silver Lake, LLC March 2, 2009 Page 4 REVIEW EVALUATIONS: Virginia Dept. of Transportation: The documentation within the application to rezone this property appears to have significant measurable impact on Route 50. This route is the VDOT roadway which has been considered as the access to the property. VDOT is satisfied that the revised transportation proffers offered in the Silver Lake Property, LLC Rezoning Application dated February 19, 2009 address transportation concerns associated with this request. Before development, this office will require a complete set of construction plan detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to comment on all right -of -way needs, including right -of -way dedications, traffic signalization and off -site roadway improvements and drainage. Any work performed on the State's right -of -way must be covered under a land use permit. The permit is issued by this office and requires an inspection fee and surety bond coverage. Fire Marshal: Plan approval recommended. Round Hill Fire and Rescue Co.: I would like to go on record by stating that the proffer, while very generous, may or may not meet the needs of the Round Hill Community Fire and Rescue Company as written. The company may wish to pass on the offer of the parcel of land offered due to the added expense in relocating our entire operation from its present site. The company presently owns 7+ acres at their present site, which we feel would be adequate room for building a new fire and rescue facility while allowing us time to complete the building in its entirety. Due to the proposed expense of the new facility, we have considered building in stages, which would allow us the flexibility to utilize the existing facility for fund raising until funds are available for completing the new facility. Our fund raising currently provides us in excess of $100,000 annually and is very important to the operation of the department and one that we cannot do without or facility in which to do it in. There is language in the proffer statement that we would like to make comment to which I have added in the following: a. Control of the proposed signaling at the intersection of Northwestern Pike and Silver Lake Road by means of the Opticon System along with all associated equipment installation and maintenance cost is borne at the developer and /or Virginia Department of Transportation (VDOT). b. That as proposed, the traffic control signal being installed at Poor House Road and Northwestern Pike not be removed after the relocation of Poor House Road to allow us quicker and safer access to Northwestern Pike and points north and west. c. Should the company opt to accept the proposed land for new fire station, it is deeded to the Round Hill Community Fire and Rescue Company, whether done through Frederick County or the Fire Company and its agents and a Memorandum of Understanding (MOU) for its use only as a Fire Station and any ancillary structures. d. If the Round Hill Community Fire and Rescue Company decide to accept the land offer, we shall make all attempts, within reason and cost restraints to meet the covenants for the CCRC or the MS District portion of the development and would work with the developer to make the station design meet the intent of the development. e. All monetary contributions made to the County of Frederick are earmarked for the Round Hill Community Fire and Rescue Company and made available when construction of the new fire station starts, regardless of location. 11 The developer shall provide sewer and water to the proposed land proffer prior to completion of a new fire station. All roadways that access Northwestern Pike be made completely accessible prior to starting any construction on a new fire and rescue facility. g. The developer assists or complete all site Rezoning #01 -09 Silver Lake, LLC March 2, 2009 Page 5 Sanitation Authority: No comment. Service Authority: No comment. Health Department: No Comments. preparation to sub grade requirements for a new fire and rescue facility due to hidden and unforeseeable cost associated which the company may not be able to bear the burden of cost. Public Works Department: 1. Refer to the discussion of the Suitability of the Site, Page 3. The discussion should be expanded to include a paragraph describing the site topography and existing structures. The site description should also include a reference to the existing wastewater pond located close to the northern property boundary and its potential impact on the site development. 2. Refer to Soil Types, Page 4. The discussion of the soil types should be expanded to include a detailed discussion of the karst limestone geology which underlies the entire site. The existence of the limestone as rock crops and potential voids will have a significant impact on site development as well as the design of environmental features such as stormwater management facilities. We strongly recommend that a detailed geotechnical study be performed prior to the submittal of the master development plan so that the karst features including rock outcrops, solution channels and sinkholes can be accurately located. The design of BMP facilities should reflect recommendations resulting from this study. 3. Refer to the paragraph titled Sewage Conveyance and Treatment, Page 7. The analysis of the projected sewage flows indicates a maximum flow of 259,014 gallons per day at project build out. However, the discussion indicates that there is only sufficient capacity to serve the CCRC and commercial land uses identified in the Phase 1 portion of the traffic impact analysis which limits development to 570 units within the CCRC and 180,000 square feet of commercial retail. Explain this potential conflict by indicating how the additional development described in Phases 2, 3 and 4 will be served by the sanitation authority. 4. Refer to Water Supply, Page 8. A similar conflict exists for the water supply as previously described for the sewage system. The discussion indicates sufficient water capacity exists for the Phase 1 development only. However, the estimated maximum demand is calculated for the entire project. No reference is made to the sanitation authority's ability to meet this demand at build out. 5. Refer to Drainage, Page 9. As previously described in Comment #2, the site is completely underlain by a relatively pervious limestone formation. The development of the site will face many challenges in an attempt to balance increased runoffs and a decrease in infiltration. The design of BMP facilities may require the installation of impervious liners to prevent the infiltration of nutrients and /or pollutants directly into the underlying groundwater system. The concentration of runoff may also cause solutioning and the creation of sinkholes within the site. These issues need to be carefully considered in the location and design of stormwater management systems. Department of Inspections: Existing structures require an asbestos inspection and demolition permit prior to removal. A permit for asbestos removal is also required prior to demolition activity and if asbestos is discovered. Comments shall be made at site plan/subdivision plan submittal. Rezoning #0l -09 Silver Lake, LLC March 2, 2009 Page 6 Historic Resources Advisory Board: The Study of Civil War Sites in the Shenandoah Valley, published by the National Park Service, identifies the Silver Lake, LLC Property as being located within the study area of the Second Battle of Winchester and is located adjacent to the core Battlefield area. In addition, the Rural Landmarks Survey Report for Frederick County, Virginia, identifies four structures listed as potentially significant within the immediate area of the subject site. The sites that are listed in the survey are: Hodgson House 034 -93), Walnut Grove #34 -98), Aspen Shade #34 -85), Abner Hodgson House #34 -94). After reviewing this information and the applicant's materials and proposals, the Historic Resources Advisory Board voted unanimously to support the Silver Lake Rezoning Application, provided that the applicant includes the tree save area designation in the proffered generalized development plan. It was the HRAB's opinion that the tree save area around the property's perimeter would provide appropriate visual protection for both the battlefield area and the historic sites nearby the proposed rezoning site. Department of Parks Recreation: The applicant has proposed to proffer a ten acre site, which includes a pond, wetlands and flood plain areas for park land. Although the language of the Comprehensive Policy Plan Amendment #05 -06 Round Hill Center refers to a "new ;ark in the area of the large pond the usable acreage proffered is not consistent with the Parks and Recreation Department's Comprehensive Plan. However, the applicant may want to consider expanding the proposed ten acre park area to include the entire drainage corridor which, after further review, may offer linear park features to include environmental areas and passive public recreational opportunities with trails in this planned commercial and retirement community. The Parks and Recreation Department is recommending the applicant provide pedestrian /bicycle facilities as part of a main transportation network. In addition, pedestrian/bicycle facilities should provide connectivity to the commercial areas in the proposed B2 District, to the east as well as along Route 50 which would be consistent with the MPO Bike /Pedestrian Trail Plan. The applicant should provide recreational amenities in the Continuing Care Retirement Community (CCRC) for those residents. Winchester Regional Airport: The proposed rezoning request lies outside of the Part 77 close in surfaces of the Winchester Regional Airport, therefore, proposed uses under the rezoning request should have no impact on airside operations of the Winchester Regional Airport. Frederick County Attorney: Please see attached letter dated February 13, 2009 from Roderick B. Williams, County Attorney. Planning Department: Please see attached Memo dated February 18, 2009 from Michael T. Ruddy, AICP, Deputy Planning Director. Planning Zoning: 1) Site History The property was included in the 2006 update to the Round Hill Land Use Plan which expanded the Sewer and Water Service Area to include these and other properties and provided for an improved land use plan for the Round Hill Community. This was approved by the Board of Supervisors on November 2007. Rezoning #01 -09 Silver Lake, LLC March 2, 2009 Page 7 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1 -1] Land Use The 2007 Comprehensive Policy Plan and the Round Hill Land Use Plan provide guidance on the future development of the property. The property is located within the SWSA. The proposed commercial and medical support land uses are supported by the Comprehensive Plan. The adopted Round Hill Land Use Plan has been included with this agenda package for your information. The Round Hill Land Use Plan recommends that as land is developed over time and infrastructure extended, that consideration be given to how this development might further the long range goal of providing sewer to the core area of the community. Through coordination with the Frederick County Sanitation Authority, the proposed infrastructure should be sufficiently sized to meet the needs of the Round Hill Land Use Plan and the infrastructure should be ultimately accessible to other properties within the area. The Round Hill Land Use Plan encourages a variety of design principles for the Route 50 corridor (see Design Principles for the Round Hill Route 50 Corridor). These design elements should be recognized as being applicable to the B2 commercial property along Route 50 and have been generally addressed in the proffer statement. The only element that could be addressed to a greater extent is the placement of buildings close to Route 50 with landscaped parking lots in the rear. Building location and site layout and design elements have not been addressed in this application. Recently, several rezoning applications, including the WWW and Botanical Square rezoning requests, have addressed the above design principles in some form. This rezoning application generally addresses the design principles of the Round Hill Land Use Plan. The Round Hill Land Use Plan identifies this area for a large campus style development. The campus style development should provide for boulevard street designs, street tree designs, bicycle and pedestrian paths, and connectivity between development and common green space gathering areas. To that end, the application generally addresses the Round Hill Land Use Plan. However, a greater amount of consideration could be provided to the coordinated design and layout of the commercial portion of this project, in particular, with the building location and site layout and design elements. The application should clearly demonstrate how it will achieve a campus style development. Presently, this has not been identified clearly. Rezoning #01 -09 Silver Lake, LLC March 2, 2009 Page 8 The application provides for street trees along the major thoroughfares within the project, the ten foot multiuse trail extended along the length of Spinning Wheel Lane and internal to the project, and the U4D typical section for a portion of the collector road. The U4D typical section should be extended along the entire length of Spinning Wheel Lane with the use of a landscaped median. The Round Hill Land Use Plan is specific about this ultimate road section. This ultimate design should be reflected in any initial designs for a two lane section of this road that may be implemented east of the intersection of Spinning Wheel and Silver Lake. The Round Hill Land Use Plan recommends that a new park be included with the development of this area. Such a park should be a passive recreational facility with trails, benches, and outdoor eating areas. It is recommended that an area larger than that currently shown on the GDP is provided in order to be consistent with the area shown in the Round Hill Land Use Plan. The area shown in the Round Hill Plan is generally consistent with the area of environmental features that runs through the central portion of the property. It is important to protect the areas of environmental features identified in the impact analysis and provide for a greater area for the park. The GDP could be modified accordingly. The area immediately north east of the intersection of Spinning Wheel Lane and Silver Lake Road extended that contains the existing pond and associated wetlands should also be incorporated into this park area or alternately incorporated into preserved areas of open space within the CCRC and future B2. Transportation The Round Hill Land Use Plan recommends regional transportation improvements along the Northwestern Pike corridor, as well as on the north side of this corridor that traverse the subject site. The Round Hill Land Use Plan recommends travel lane and signalization needs associated with development in the study area. This application generally addresses these improvements in a positive manner. A new major collector road, Spinning Wheel Lane is identified through the center of this project providing connectivity between Route 50 and area of commercial development to the east of this property. This new road should be an urban four lane divided section with the use of landscape medians throughout its entirety. This application provides for the U4D typical section, but only for the portion of the collector road from Route 50 back to the internal intersection with Silver Lake Drive. The U4D typical section should be extended along the entire length of Spinning Wheel Lane with the use of a landscaped median. The Round Hill Land Use Plan is specific about this ultimate road section. This ultimate design should be reflected in any initial designs for a two lane section of this road. The Round Hill Land Use Plan also recognizes the need to ultimately extend the internal road network to provide for a connection to Poorhouse Road The application recognizes this connection by providing for two alternate locations for this road connection internal to the Silver Lake property. Of the two alternatives for the potential realignment of Poorhouse Road, Option 1 would be the most preferable. No off -site improvements have been provided to make this connection. Rezoning #01 -09 Silver Lake, LLC March 2, 2009 Page 9 The application provides for bike and pedestrian connectivity throughout the project and along the projects frontage with Route 50. Pedestrian accommodations have been made at the major intersections. Interparcel connectivity has been provided on each commercial lot within the B2 section as development occurs. Each of these elements addresses other transportation components of the Round Hill Land Use Plan. It is recommended that key sections of the trail network should be completed for the benefit of the initial occupants of the project, the proffered CCRC. To that end, the portion of the trail internal to the passive open space should be advanced if possible. Site Access and design. The Generalized Development Plan provided for this project depicts the location of the internal road systems serving this project. Spinning Wheel Lane serves as the properties major collector road, intersecting with Route 50, and connecting to the existing road system to the rear of the development containing Wal Mart. Silver Lake Drive provides an additional connection to Route 50, intersects with Spinning Wheel Lane and ultimately may provide a connection with Poorhouse Road An additional internal street provides access to the western commercial portion of the property. 2) Site Suitabilitv /Environment This property contains a significant amount of Green Infrastructure features including; 30.67 acres of floodplain, identified areas of wetlands, small areas of steep slopes, rock outcroppings, and areas of mature woodlands. Such features could and should be incorporated into the project to a greater extent than is presently provided, at a minimum to address the area identified in the Round Hill Land Use Plan which would provide for a greater area of protected passive open space. It is recommended that a commitment is made to preserving areas containing such features, particularly in those locations that are outside of any areas of anticipated land disturbance and in areas that exceed the required distance buffer locations. It is recognized that the County's development standards provide protection to such features. However, the Generalized Development Plan could be used to incorporate these features into the design of the project to a greater extent. The proffer statement commits to preserving mature woodlands in areas where buffers are required during the MDP approval process. However, in other areas it is preferable to incorporate such features as simply as possible into design of GDP where appropriate. This would appear to be achievable in the area of proposed MS zoning where several of the significant rock outcroppings and larger areas of mature woodlands around the properties perimeter are located. The property contains the ruins of a house that would appear to be historic in nature. While this structure is not contained within the Rural Landmarks Survey, it is recommended that the historic house is addressed in some manner by this application and certainly prior to any development or land disturbance on the site. This item has not been addressed at this time. Rezoning #01 -09 Silver Lake, LLC March 2, 2009 Page 10 3) Potential Impacts A. Transportation Please recognize that this project proposes developing an area of MS Medical Support District and an area of B2 Business General District. The MS area is proffered to specifically be a CCRC (Continuing Care Retirement Community) with a maximum density of eight units per acre. This would potentially yield 1,048 residential units. The B2 district does not proffer any limitation on the amount of commercial development that could occur. Therefore, the potential impacts associated with the commercial development should be recognized. With regards to transportation, the TIA projects the build -out of this project within four phases. However, there is no limitation on the amount of development beyond the fourth phase. This potentially may allow a significantly larger amount of development than has been evaluated in the TIA. This comment is also applicable to other components of the rezoning where the potential would exist for a greater amount of development than has actually been modeled. The Applicant has provided an approach that addresses the potential of additional transportation impacts to the satisfaction of the County's Transportation Planner and VDOT. A Traffic Impact Analysis (TIA) was prepared for the Silver Lake, LLC application dated November 25, 2008. The TIA assumes the total build -out of the Continuing Care Retirement Community (CCRC); 583,050 square feet of commercial retail; and 494,600 square feet of office land use that is developed over a four -phase study. The TIA studies turning movements and capacities at five intersections along the Northwestern Pike (U.S. Route 50 West) corridor, as well as the northbound and southbound on and off ramps at the Route 37 interchange. The Applicant's transportation program is based upon this four phased approach to addressing the transportation impacts associated with this project. In general, the approach of the TIA is summarized as follows. Phase 1 The development of 570 units within the CCRC and 180,000 square feet of commercial retail Improvements include new traffic signalization at the intersection of Northwestern Pike and Poor House Road, new traffic signalization and turn lane improvements at the intersection of Northwestern Pike and Spinning Wheel Lane, and improvements to the Route 37 southbound off ramp to establish a free flow right turn condition onto Northwestern Pike. Phase 2 Increases development to account for an additional 170,000 square feet of commercial retail and 105,000 square feet of office land use. Improvements include new signalization and turn lane improvements at the intersection of Northwestern Pike and Silver Lake Road, the development of a two -lane east -west road system that connects Spinning Wheel Lane to Retail Boulevard, improvements to the Route 37 Rezoning #01 -09 Silver Lake, LLC March 2, 2009 Page 1 1 northbound off ramp to provide for a second right turn lane, and the development ofa third westbound travel lane on Northwestern Pike under the Route 37 bridge structure. Phase 3 Increases development to account for an additional 140,000 square feet of commercial retail and 245,000 square feet of office land use. Improvements include the provision ofa second right turn lane on Spinning Wheel Lane at the intersection of Northwestern Pike, and the extension of the east -west road system to connect with Poor House Road (Route 654). Please recognize that the connection over to Poor House Road via option 1 is not provided for with this application. Option 2 would be implemented if land has not been made available to implement Option 1. Phase 4 Includes the complete build -out of the CCRC and the complete build -out of the commercial and office center, accounting for an additional 93,050 square feet of commercial retail and 144,600 square feet of office land use. Improvements include the provision of a second left turn lane on Silver Lake Road al the intersection of Northwestern Pike, the provision of a second left turn lane on Botanical Boulevard at the intersection of Northwestern Pike, the development ofa third westbound travel lane on Northwestern Pike between Silver Lake Road and Poor House Road, and the development ofa third eastbound travel lane on Northwestern Pike from Retail Boulevard through the Route 37 overpass bridge. Beyond Phase 4 In the event that the Applicant would develop commercial and /or office land uses that exceed the maximum square feet or total trip generation specified in the transportation program, the Applicant has proffered that a new "CIA shall be prepared and any necessary transportation improvements will be implemented as a condition of site plan approval. It is recognized that a significant amount of transportation infrastructure is being addressed with this application. However, it should be noted that the TIA concludes that several locations would function at a level of service D or better, and level of service F at the Route 50 intersection with Route 37 northbound. This occurs during the later phases of this project and is with the improvements in place. The Comprehensive Plan seeks to achieve a level of service C or better on impacted roads and intersections. As identified previously, Spinning Wheel Lane is identified as an urban four lane divided section with the use of landscape medians throughout its entirety. This application provides for the U4D typical section, but only for the portion of the collector road from Route 50 back to the intemal intersection with Silver Lake Drive. The U4D typical section should be extended along the entire length of Spinning Wheel Lane with the use ofa landscaped median. The Round Hill Land Use Plan is specific about this ultimate road section. This ultimate design should be reflected in any initial designs for a two lane section of this road. Rezoning #01 -09 Silver Lake, LLC March 2, 2009 Page 12 B. Water Sewer C. Community Facilities The proposed build -out of the 370 acre property is estimated to add 259,014 gallons per day to the public sewage conveyance system. In addition, it is estimated to require 370,020 GPD of public water service for the commercial, office and CCRC land uses. The FCSA water transmission system provides water service to this area of the community via the Stephens City quarry system from the James H. Diehl Water Filtration Plant and the Clearbrook quarry system from the North Water Filtration Plant. The development of land uses in the first phase will direct effluent to the Opequon Water Reclamation Facility (OWRF) through the existing pump station and sewer force main system Water and sewer lines would need to be sized to ultimately include residential land in the community center core area. The Round Hill Land Use Plan recommends that as land is developed over time and infrastructure extended, that consideration be given to how this development might further the long range goal of providing sewer to the core area of the community. Coordination with the Frederick County Sanitation Authority is occurring to ensure that the proposed infrastructure is sized sufficiently to meet the needs of the Round Hill Land Use Plan and that the infrastructure will be ultimately accessible to other properties within the area. The development of this site will have an impact on community facilities and services. However, it is recognized that commercial uses generally provide a positive impact on community facilities through the additional generation of tax revenue. Ultimately, the commercial component of this project will generate tax revenue for the County. As presented, this application does not provide any commitment as to the timing or phasing of the commercial land uses. Therefore, the County has typically sought to address such an approach and the impacts of any residential land uses consistent with the impacts Development Impact Model (DIM). Due to the aged nature of the proffered CCRC residential use, the school component of the DIM should not be a consideration. However, the impacts to the other components of the DIM should be addressed in some manner. The recreational and leisure requirements that may be required by ordinance or may be provided with the development of the CCRC would not typically negate the need to address the impacts identified by the DIM. Fire and Rescue This application's significant effort to address the fire and rescue community facility impacts is duly recognized and appreciated. This application provides for land dedicated to Frederick County for the development of a new fire and rescue station and support facilities serving the Round Hill Community. The Applicant's proffer calls for the dedication of land fronting on Silver Lake Road that is located Rezoning #01 -09 Silver Lake, LLC March 2, 2009 Page 13 near the intersection of Northwestern Pike (U.S. Route 50 west), which is a minimum of three acres and a maximum of four acres in size. Additionally, the Applicant has proffered to provide a monetary contribution to Frederick County in the amount of $1,000,000.00 for the development of a new fire and rescue station providing service to the Round Hill Community, to develop the necessary access and infrastructure to the new facility if it is located on the project site, and to design proffered traffic signalization with preemption technology. Should the new fire and rescue station providing service to the Round Hill Community be developed at another location, the Applicant has proffered to provide an additional $100,000.00 for the development of this facility. 3) Proffer Statement Dated November 25, 2008; revised March 2, 2009 The Proffer Statement for this Application is very detailed. The following is a summary of some of the key components of the proffer statement with those items that need to be addressed identified. A) Generalized Development Plan A Generalized Development Plan has been proffered which identifies the general location of the MS and B2 zoning districts, the general location of the primary public street systems and access to Route 50, the general location of the proposed fire and rescue station, the general location of the passive open space area, the 50' landscape buffer adjacent to Route 50, the trail system, and the phasing of the transportation program. The GDP consists of three sheets, with pages 2 and 3 providing additional detail on improvements to intersections within Route 50. B) Land Use The Applicant has specifically proffered a CCRC (Continuing Care Retirement Community) with a maximum density of eight units per acre for the portion of the property to be zoned MS. This would potentially yield 1048 residential units. The B2 district does not proffer any limitation on the amount of commercial development that could occur. Several B2 uses have been prohibited by proffer. Areas of mature woodlands are proffered to be preserved in those areas where buffers would be required. A linear area of passive open space has been provided central to the project. A 50' landscaped buffer area has been provided along Route 50. Landscaping in the form of street trees has been provided along the main thoroughfares of the property, Spinning Wheel Lane and Silver Lake Road. Additional evergreen landscaping is to be provided adjacent to required buffer areas adjacent to residentially used RA land. It is important to protect areas of environmental features identified in the impact analysis and provide for a greater area for the park. It is recommended that an area larger than that currently shown on the GDP is provided in order to be consistent with the area shown in the Round Hill Land Use Plan. Rezoning #01 -09 Silver Lake, LLC March 2, 2009 Page 14 An architectural review board responsible for ensuring certain site development and building design standards has been proffered. C) Transportation The application limits entrances to the CCRC to two, limits full service commercial entrances onto Route 50 and Poorhouse Road (no commercial entrances are permitted on Poorhouse Road), and has ensured inter parcel connectors between all adjoining commercial and office land uses. The Application provides for a bike and pedestrian facility that is 10 feet in width throughout the project as identified on the GDP. The phased development of this facility is described in detail. The Applicant has proffered a four phase approach to the transportation improvements provided with the development of this project as follows: Phase 1 The development of 570 units within the CCRC and 180,000 square feet of commercial retail. Phase 2 Increases development to account for an additional 170,000 square feet of commercial retail and 105,000 square feet of office land use. Phase 3 Increases development to account for an additional 140,000 square feet of commercial retail and 245,000 square feet of office land use. Phase 4 Includes the complete build -out of the CCRC and the complete build -out of the commercial and office center, accounting for an additional 93,050 square feet of commercial retail and 144,600 square feet of office land use. Improvements associated with the above phasing include; all necessary right of way dedications, signalization improvements at each new intersection fronting on Route 50 and at Poorhouse Road including pedestrian accommodations, improvements within the Route 50 right of way including additional lane improvements, the construction of Spinning Wheel Lane initially as a four lane divided section from Route 50 to the future roundabout and as an undivided section through the remainder of the property, the construction of Silver Lake Road throughout the property initially as a two lane section with an ultimate four lane facility, improvements within the Route 37 interchange with Route 50, and the ability to utilize any funding consistent with these Route 37 interchange improvements by Frederick County for matching funds for qualifying transportation improvement programs or grants. The U4D typical section should be extended along the entire length of Spinning Wheel Lane with the use of a landscaped median. The Round Hill Land Use Plan is specific about this ultimate road section. Rezoning #01 -09 Silver Lake, LLC March 2, 2009 Page 15 D) Community Facilities The Applicant has proffered the dedication of land to Frederick County for the development of a new fire and rescue facility serving the Round Hill Community. Please note that this proffered dedication of a fire and rescue site has a five year sunset clause attached to it. Frederick County typically does not prefer sunset clauses attached to proffered commitments. The offer calls for the dedication of land fronting on Silver Lake Road that is located near the intersection of Northwestern Pike (U.S. Route 50 west), which is a minimum of three acres and a maximum of four acres in size. Additionally, the Applicant has proffered to provide a monetary contribution to Frederick County in the amount of $1,000,000.00 for the development of a new fire and rescue station providing service to the Round Hill Community, to develop the necessary access and infrastructure to the new facility if it is located on the project site, and to design proffered traffic signalization with preemption technology. Should the new fire and rescue station providing service to the Round Hill Community be developed at another location, the Applicant has proffered to provide an additional $100,000.00 for the development of this facility. The Applicant has not proffered any monetary contributions aimed at mitigating the potential impact of the residential units on the following communityfacilities; Parks and Recreation, Public Safety, Library, and General Government. The projections of the Development Impact Model (DIM) recognize residential projects that would typically generate some form of tax revenue for the County through the payment of real estate taxes. Alternative approaches to this may model have an impact on the projections of the DIM and the financial impacts of future residential units. STAFF CONCLUSIONS FOR THE 03/18/09 PLANNING COMMISSION MEETING: This application to rezone five parcels totaling 370.02 acres from the RA (Rural Areas) District to the MS (Medical Support) District) and the B2 (Business General) District with proffers for a Continuing Care Retirement Community and commercial land uses is generally consistent with the Comprehensive Policy Plan, and the Round Hill Land Use Plan. The following items should be addressed to the satisfaction of the Planning Commission prior to making a recommendation to the Board of Supervisors. In addition, many of the impacts associated with this request appear to have been adequately mitigated by the Applicant, subject to addressing those items noted in the evaluation of the proffer statement. The application should demonstrate how it will achieve a campus style development as envisioned by the Round Hill Land Use Plan. Presently, this does not appear to be fully or clearly achieved. Rezoning #01 -09 Silver Lake, LLC March 2, 2009 Page 16 It is important to protect the areas of environmental features identified in the impact analysis and provide for a greater area for the park. It is recommended that an area larger than that currently shown on the GDP is provided in order to be consistent with the area shown in the Round Hill Land Use Plan. The U4D typical section should be extended along the entire length of Spinning Wheel Lane with the use of a landscaped median. The Round Hill Land Use Plan is specific about this ultimate road section. The B2 district does not proffer any limitation on the amount of commercial development that could occur. Therefore, the potential impacts associated with the commercial development beyond that evaluated should be carefully considered. The Applicant has not proffered any monetary contributions aimed at mitigating the potential impact of the residential units on the following community facilities; Parks and Recreation, Public Safety, Library, and General Government. Following the required public hearing, a recommendation regarding this rezoning application to the Board of Supervisors would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Planning Commission. Greenway Engineering REZONING: PROPERTY: RECORD OWNER: APPLICANT: PROJECT NAME: ORIGINAL DATE OF PROFFERS: REVISION DATE: Preliminary Matters File #49285 /Silver Lake LLC Rezoning November 25, 2008; Revised January 6, 2009;• Revised January 27, 2009; Revised February 16, 2009; Revised February 19,2009; Revised March 2, 2009 SILVER LAKE, LLC PROFFER STATEMENT RZ Rural Areas District (RA) to Business General District (B2) and MS Medical Support District (MS) 370.02± acres; Tax Parcels #52- ((A)) -C, 52- ((A)) -50, 52- ((A)) -SOA, 52- ((A)) -52, and 52-((A))-63 (here -in after the "Property") Silver Lake, LLC, James R. Wilkins, III, Manager Silver Lake, LLC (here -in after the "Applicant Round Hill Commercial Center The Village at Orchard Ridge A National Lutheran Home Community November 25, 2008 March 2, 2009 Pursuant to Section 15.2 -2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application for the rezoning of 370.02± -acres from the Rural Areas (RA) District to establish 238.96± acres of B -2, Business General District (Tax Map Parcels 52- ((A)) -C, 52- ((A)) -50A, 52- ((A))-52, 52- ((A)) -63) and 131.06± -acres of MS, Medical Support District (Tax Map Parcel 52- ((A)) -50), development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent That such terms and conditions may be subsequently amended or revised by the Applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this Applicant and their legal successors, heirs or assigns. The Property, more particularly described as the lands owned by Silver Lake LLC, being all of Tax Map Parcels 52- ((A)) -C, 52- ((A)) -50, 52- ((A)) -50A, 52- ((A)) -52, 52- ((A)) -63, and further described by Property Deeds including Instrument Number 090001536, Deed Book 872 Page 318 and Deed Book 927 Page 1591. (Please refer to Rezoning Application Deed Information). Grecnwav Engineering A. Generalized Development Plan 1. The Applicant hereby proffers to submit a Generalized Development Plan (the "GDP for the Property. The purpose of the GDP is to identify the general location of the B -2, Business General District and MS, Medical Support District areas, the general location of the proposed future Fire and Rescue Station area, the general location of the proposed future passive open space area, the general location of the 50 -foot green strip enhancement area, the general location of the 10 -foot asphalt trail system, and the general location of the phased transportation improvements areas within and adjacent to the Property. 2. The Applicant hereby proffers to develop the Property in substantial conformity with the proffered GDP, prepared by Greenway Engineering dated March 2, 2009. The GDP is recognized to be a conceptual plan and may be adjusted by the Applicant to accommodate final design and engineering constraints without the need of new conditional rezoning approval by the Frederick County Board of Supervisors, provided that the adjustments do not eliminate or substantially relocate the areas described in Section Al of this proffer statement. B. MS, Medical Support District Area 1. The Applicant hereby proffers to develop, or cause for the development of a Continuing Care Retirement Community (the "CCRC on the portion of the Property proposed to be zoned MS, Medical Support District, and to exclude all other MS, Medical Support District land uses not expressly permitted within Section 165- 97B(7) of the Frederick County Zoning Ordinance. 2. The Applicant hereby proffers to limit the maximum residential density within the CCRC to eight units per acre. The maximum residential density total shall include all independent living units, assisted care living units, and skilled nursing care units. The location and totals for the residential units specified in this section shall be provided on the Master Development Plan for the Property. 3. Where buffer areas are required and mature woodlands are in place, the Applicant will request approval of the use of these woodland features to satisfy the buffer requirement during the consideration of the Master Development Plan. 4. The Applicant proffers to provide initial access to the CCRC via Spinning Wheel Lane as described in Section D(2)(f) of the proffer statement, and further proffers File 84928S /Silver Lake LLC Rezoning November 25, 2008; Revised January 6, 2009 Revised January 27, 2009; Revised February 16, 2009; Revised February 19,2009; Revised March 2, 2009 PROFFER STATEMENT 2 Greenway Engineering C. B2, Business General District Area Truck Stops Golf Driving Ranges Outdoor Batting Cages Model Home Sales Self- Service Storage Facilities Adult Retail Establishments File 449285 /Silver Lake LLC Rezoning November 25, 2008; Revised January 6, 2009; Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009 3 to provide a maximum of two commercial entrances on Spinning Wheel Lane to provide access to the CCRC. 1. The Applicant hereby proffers to prohibit the following land uses currently allowed within the B2 District: 2. The Applicant hereby proffers to prohibit individual full service commercial entrances to all allowed B2 District land uses that intersect Northwestern Pike (U.S. Route 50 West) and Poorhouse Road (Route 654); however, right -in or right -out only access to 132 District land uses that intersect Northwestern Pike shall be permitted if approved by VDOT and/or Frederick County. 3. The Applicant hereby proffers to establish a green strip along the Property frontage adjacent to the Northwestern Pike corridor that is 50 feet in width. Parking lots and access drives shall be prohibited within the 50 -foot green strip, unless access drives are permitted as described in Section C(2) above. The entire Property frontage of the 50 -foot green strip shall be enhanced with street trees that are a minimum of 2 -inch caliper at planting and spaced a maximum of 30 feet on center, ornamental shrubs that are a minimum three gallon container at planting. as well as an asphalt bicycle and pedestrian facility that is 10 feet wide. The installation of the street trees, ornamental shrubs, and bicycle and pedestrian facility located within the 50 -foot green strip shall be required as specified in Section C(6) of the proffer statement. 4. The Applicant hereby proffers to establish street tree plantings along both sides of Spinning Wheel Lane and Silver Lake Road throughout the limits of the B2 District property. All street trees shall be a minimum of two -inch caliper at time of planting and spaced a maximum 40 feet on center. The street trees shall be located between the back of curb and sidewalks and/or the asphalt bicycle and pedestrian facility. 5. The Applicant hereby proffers to establish a linear passive open space area in the general location identified on the proffered GDP, which will be enhanced with a 10 -foot asphalt trail system between Spinning Wheel Lane and Northwestern Pike as specified in Section C(6) of the proffer statement. Grecnway Engineering File #4928S/Silver Lake LLC Rezoning November 25, 2008; Revised January 6, 2009• Revised January 27, 2009; Revised February 16, 2009; Revised February 19. 2009; Revised March 2, 2009 4 6. The Applicant hereby proffers to provide for inter parcel connectors between all adjoining commercial and office land uses. 7. The Applicant hereby proffers to include an additional row of evergreen trees within all required buffer and screening areas adjacent to land primarily used for residential purposes in the RA District in which accessory uses are proposed within the active portion of the buffer area. 8. The Applicant hereby proffers to design and construct, or cause for the construction of an asphalt bicycle and pedestrian facility that is ten -feet wide. This location of this facility is identified on the proffered GDP and will be located outside of public right -of -way limits. This facility will be developed as follows: The 10 -foot asphalt trail located along the south side of the Phase 1 segment of Spinning Wheel Lane shall be developed during the construction of this road segment as specified in Section D(2)(f) of the proffer statement. The 10 -foot asphalt trail located along the south side of the Phase 2 segment of Spinning Wheel Lane shall be developed during the construction of this road segment as specified in Section D(3)(e) of the proffer statement. The 10 -foot asphalt trail located along the passive open space area shall be developed on or before the completion of the commercial development permitted under the Phase lTransportation Program as specified in Section D(2)(a) of the proffer statement. The 10 -foot asphalt trail located along the southern boundary of the Property identified as Area 1 on the GDP shall be developed during the construction of the Phase 1 segment of Spinning Wheel Lane as specified in Section D(2)(f) of the proffer statement. The 10 -foot asphalt trail located along the southern boundary of the Property identified as Area 2 on the GDP shall be developed prior to the issuance of the occupancy permit issued for the first commercial building permit located in the land bay between Spinning Wheel Lane and Silver Lake Road. The 10 -foot asphalt trail located along the southern boundary of the Property identified as Area 3 on the GDP shall be developed prior to the issuance of the occupancy permit issued for the first commercial building permit located in the land bay between Silver Lake Road and the eastern boundary of the Property. 9. The Applicant hereby proffers to establish an Architectural Review Board (ARB) for the purpose of reviewing structural elevations, site landscaping and signage for all commercial sites to ensure compatibility with the restrictive covenant documents for the B2 District property. The restrictive covenant documents shall be provided to Frederick County prior to the subdivision of land within the B2 Greenway Engineering District, or prior to the approval of any site development plan within the B2 District. The restrictive covenant documents shall include, but not be limited to, the following design elements: Building materials for all exterior walls and rooflines. Materials for all monument freestanding business signs. The materials for the base of all monument freestanding business signs shall be consistent throughout the B2 District. Screening of all loading areas from adjoining properties external to the B2 District. Screening of outdoor dumpster pad areas with building materials consistent with the primary structure. Common area maintenance agreements. D. Transportation Enhancements 1. The Applicant has submitted a Traffic Impact Analysis (TIA), prepared by Patton, Harris. Rust and Associates, dated November 25, 2008 for the 370.02± acre Property. The TIA identifies improvements to the regional transportation network to account for background undeveloped projects and the Applicant's proposal through four phases of development. The Applicant hereby proffers to design and construct, or cause for the construction of improvements to the regional transportation network as a phased development program that is described in this section of the proffer statement. Additionally, the phased development program is identified in illustrative form on the proffered GDP. It is recognized that the phased transportation improvements proffered herein will be constructed as described in this section; however, the exact location and limits of these improvements will be determined by VDOT and/or Frederick County during the approval of engineering design plans. It is further recognized that the location of the regional transportation network improvements identified in illustrati e form on the proffered GDP are general in nature and may be relocated to accommodate VDOT engineering design plan approval without the need for conditional zoning amendment to the GDP or the proffer statement. 2. The Applicant hereby proffers the following Phase 1 Transportation Program: a. The Applicant shall be entitled to develop the CCRC and a maximum of 180,000 square feet of commercial land use within Phase 1. However, the Applicant can deviate from this land use mix assuming the total trip generation for site plans within this phase of the transportation program (based on the ITE 7 Edition Trip Generation Report) do not exceed the total trip generation specified in the November 25, 2008 Traffic Impact Analysis Report for Phase 1. It is recognized that the Applicant shall complete all Phase 1 transportation improvements prior to the approval of File 449285 /Silver Lake LLC Rezoning November 25, 2008; Revised January 6, 20090 Revised January 27, 2009; Revised February 16, 2009; Revised February 19,2009; Revised March 2, 2009 5 Greenway Engineering File #4928S/Silver Lake LLC Rezoning November 25, 2008; Revised January 6, 2009. Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009 6 any Site Plan that exceeds 180,000 square feet of commercial land use or equivalent trip generation as noted above on the 132 portion of the Property. b. The Applicant shah dedicate all right -of -way necessary for the Phase 1 improvements that will occur on the Property to VDOT or Frederick County. The Applicant will attempt to design all off-site improvements within public right -of -way; however, if necessary it is recognized that VDOT and/or Frederick County will assist the Applicant with right -of- way necessary to implement proffered off -site transportation improvements. The Applicant agrees to assume all costs associated with right -of -way acquisition if assistance from VDOT and/or Frederick County is required. c. The Applicant shall execute, or cause for the execution of a traffic signalization agreement with VDOT to fully fund new traffic signalization at the intersection of Northwestern Pike (U.S. Route 50) and Poor House Road (Route 654). The traffic signalization agreement shall be executed within six months of final non appealable rezoning approval, or prior to approval of the first Site Plan for the property, whichever occurs first. d. The Applicant shall design and construct, or cause for the execution of a traffic signalization agreement with VDOT to fully fund new traffic signalization with pedestrian actualization at the intersection of Northwestern Pike (U.S. Route 50) and the relocated Spinning Wheel Lane. The traffic signalization agreement shall be executed within one year of final non appealable rezoning approval, or prior to approval of the first Site Plan for the property, whichever occurs first. The Applicant shall reserve the right to preempt this agreement by initiating a signal warrant study and signal design plans in accordance with VDOT standards for approval to install traffic signalization at this intersection. e. The Applicant shall design and construct, or cause for the construction of improvements to the median crossing including a westbound right tum lane and left turn lane and an eastbound left turn lane on Northwestern Pike at the intersection of the relocated Spinning Wheel Lane. These improvements shall be completed prior to the issuance of the first occupancy permit for the land use utilizing Spinning Wheel Lane for access to Northwestern Pike. f. The Applicant shall design and construct, or cause for the construction of improvements to Spinning Wheel Lane within the Property to provide for a road section that is constructed to a 40 mph geometric design standard and provides right -of -way for a future roundabout at the intersection with Silver Lake Road, and left turn lanes and right turn lanes at all internal collector street intersections and at commercial entrances as required by Greenway Engineering g. File #49285 /Silver Lake LLC Rezoning November 25, 2008; Revised January 6, 2009 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009 7 VDOT. Additionally, the Applicant shall design and construct, or cause for the construction of separate right and left turn lanes on Spiraling Wheel Lane at the intersection of Northwestern Pike. Spinning Wheel Lane shall be developed as a four -lane divided urban road section between Northwestern Pike and the future roundabout, and as a two -lane road section between the future roundabout and the limits of Phase 1 with dedicated right -of -way to Frederick County to allow for a four -lane urban road section. The construction of the two -lane road section shall include a raised median section necessary to transition from the roundabout into the urban road section design. These improvements shall be completed prior to the issuance of the first occupancy permit for the land use utilizing Spinning Wheel Lane for access to Northwestern Pike. Furthermore, the Applicant agrees to design and construct, or cause for the construction of the four -lane urban section between the future roundabout and the limits of Phase 1 if this improvement is warranted based on future traffic counts as described in Section D(6). The Applicant shall design and construct, or cause for the construction of modifications to, or the elimination of the median crossing on Northwestern Pike identified as Median Crossing A on the proffered GDP. VDOT shall determine the requirements for modification, or elimination and shall advise the Applicant in writing of the requirements associated with this improvement. The Applicant shall complete these improvements in conjunction with construction activities associated with Spinning Wheel Lane as described in Section D(2)(f) of the proffer statement. h. The Applicant shall design and construct, or cause for the construction of improvements to the southbound off ramp at the Route 37 interchange with Northwestern Pike to provide for a free flow right turn lane onto Northwestern Pike. The Applicant shall complete the Route 37 interchange improvements described in this section prior to the approval of any Site Plan that exceeds 180,000 square feet of commercial land use or equivalent trip generations as described in Section D(2)(a) of the proffer statement on the B2 portion of the Property. i. In the event that VDOT and Frederick County determine that a monetary contribution for regional transportation improvements to the Route 37 corridor between the Northwestern Pike interchange and the North Frederick Pike interchange is desired, the Applicant agrees to provide a monetary contribution in lieu of the improvement described in Section 2(h). This monetary contribution shall be equivalent to the amount associated with the improvement described in that section based upon an engineering estimate agreed upon by VDOT, Frederick County and the Applicant that will be prepared on or before the build out of the Phase 1 transportation improvements. The Applicant agrees to provide this Greenway Engineering November 25, 2008; Revised January 6, 2009. Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009 3. The Applicant hereby proffers the following Phase 2 Transportation Program: File #4928S/Silver Lake LLC Rezoning 8 monetary contribution to Frederick County within 30 days of written request by the County, and farther agrees to allow for this monetary contribution to be utilized as matching funds by Frederick County for qualifying transportation improvements programs or grants. a. The Applicant shall be entitled to develop the CCRC and a maximum of 350,000 square feet of commercial land use and 105,000 square feet of office land use within Phase 2 that is a cumulative total of Phase 1 Phase 2. however, the Applicant can deviate from this land use mix assuming the total trip generation for site plans within this phase of the transportation program (based on the ITE 7"' Edition Trip Generation Report) do not exceed the total trip generation specified in the November 25, 2008 Traffic Impact Analysis Report for Phase 2 It is recognized that the Applicant shall complete all Phase 2 transportation improvements prior to the approval of any Site Plan that exceeds 350,000 square feet of commercial land use and 105,000 square feet of office land use or equivalent trip generation as noted above on the B2 portion of the Property. b. The Applicant shall dedicate all right -of -way necessary for the Phase 2 improvements that will occur on the Property to VDOT or Frederick County. The Applicant will attempt to design all off -site improvements within public right -of -way; however, if necessary it is recognized that VDOT and/or Frederick County will assist the Applicant with right -of- way necessary to implement proffered off -site transportation improvements. The Applicant agrees to assume all costs associated with right -of -way acquisition if assistance from VDOT and/or Frederick County is required. c. The Applicant shall design and construct, or cause for the execution of a traffic signalization agreement with VDOT to fully fund new traffic signalization with pedestrian actualization at the intersection of Northwestern Pike (U.S. Route 50) and Silver Lake Road. The traffic signalization agreement shall be executed prior to the issuance of the first occupancy permit for the land use utilizing Silver Lake Road for access to Northwestern Pike. The Applicant shall provide additional funding necessary to provide for pre emption control for this traffic signal if the County requests the land for the new fire and rescue facility provided in Section E(1) of the proffer statement. The Applicant shall reserve the right to preempt this agreement by initiating a signal warrant study and signal design plans in accordance with VDOT standards for approval to install traffic signalization at this intersection. Greenway Engineering File 849285 /Silver Lake LLC Rezoning November 25, 2008; Revised January 6, 2009; Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009 9 d. The Applicant shall design and construct, or cause for the construction of improvements to Silver Lake Road to include a two -lane urban road section with a raised median to the first available commercial entrance that is constructed to a 40 mph geometric design standard and provides for the construction of the roundabout at the intersection with Spinning Wheel Lane, and left turn lanes and right turn lanes at all commercial entrances as required by VDOT. Additionally, the Applicant shall design and construct, or cause for the construction of a median crossing including a westbound right turn lane and left turn lane and an eastbound left turn lane on Northwestern Pike at the intersection of Silver Lake Road. These improvements shall be completed prior to the approval of any Site Plan that exceeds 350,000 square feet of commercial land use and 105,000 square feet of office land use or equivalent trip generation as described in Section D(3)(a) of the proffer statement on the B2 portion of the Property, with the exception of the median crossing and turn lane improvements on Northwestern Pike which shall be completed with the Silver Lake Road intersection improvements on Northwestern Pike. Additionally, the Applicant shall dedicate right -of -way to Frederick County to allow for a four -lane urban road section for Silver Lake Road, and further agrees to design and construct, or cause for the construction of the four -lane urban road section if this improvement is warranted based on future traffic counts as described in Section D(6). e. The Applicant shall design and construct, or cause for the construction of improvements to Spinning Wheel Lane to provide for a two -lane urban road section that is constructed to a 40 mph geometric design standard and provides for left turn lanes and right turn lanes at all internal collector street intersections and at commercial entrances as required by VDOT, which continues from the terminus of Spinning Wheel Lane constructed in Phase 1 to a connection at the intersection of Retail Boulevard. The Applicant shall complete these improvements prior to the approval of any Site Plan that exceeds 350,000 square feet of commercial land use and 105,000 square feet of office land use or equivalent trip generation as described in Section D(3)(a) of the proffer statement on the B2 portion of the Property. Additionally, the Applicant shall dedicate right -of -way to Frederick County to allow for a four -lane urban road section for Spinning Wheel Lane and further agrees to design and construct, or cause for the construction of the four -lane urban section if this improvement is warranted based on future traffic counts as described in Section D(6). f. The Applicant shall design and construct, or cause for the construction of modifications to, or the elimination of the median crossings on Northwestern Pike identified as Median Crossing B and Median Crossing C on the proffered GDP. VDOT shall determine the requirements for modification, or elimination and shall advise the Applicant in writing of the requirements associated with this improvement. The Applicant shall Greenway Engineering File 44928S /Silver Lake LLC Rezoning November 25, 2008; Revised January 6, 20090 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009 10 complete these improvements in conjunction with construction activities associated "with Silver Lake Road as described in Section D(3)(d) of the proffer statement. g. The Applicant shall design and construct, or cause for the construction of improvements to the northbound off ramp at the Route 37 interchange with Northwestern Pike to provide for a second right turn. The Applicant shall complete the Route 37 interchange improvements described in this section prior to the approval of any Site Plan that exceeds 350,000 square feet of commercial land use and 105,000 square feet of office land use or equivalent trip generation as described in Section D(3)(a) of the proffer statement On the n2 portion Of the Property. h. The Applicant shall design and construct, or cause for the construction of improvements at the Route 37 interchange with Northwestern Pike to provide for a third westbound thru lane on Northwestern Pike under the Route 37 bridge structure. The Applicant shall complete the Route 37 interchange improvements described in this section prior to the approval of any Site Plan that exceeds 350,000 square feet of commercial land use and 105,000 square feet of office land use or equivalent trip generation as described in Section D(3Xa) of the proffer statement on the B2 portion of the Property. i. In the event that VDOT and Frederick County determine that a monetary contribution for regional transportation improvements to the Route 37 corridor between the Northwestern Pike interchange and the North Frederick Pike interchange is desired, the Applicant agrees to provide a monetary contribution in lieu of the improvements described in Section 3(g) and 3(h). This monetary contribution shall be equivalent to the amount associated with the improvement described in those sections based upon an engineering estimate agreed upon by VDOT, Frederick County and the Applicant that will be prepared on or before the build out of the Phase 2 transportation improvements. The Applicant agrees to provide this monetary contribution to Frederick County within 30 days of written request by the County, and further agrees to allow for this monetary contribution to be utilized as matching funds by Frederick County for qualifying transportation improvements programs or grants. In the event that regional transportation improvements to the Route 37 corridor between the Northwestern Pike interchange are constructed prior to the completion of the Phase 2 Transportation Program, the Applicant agrees to provide a monetary contribution equivalent to the amount associated with the improvement described in this section to be utilized unconditionally by Frederick County for other transportation improvements. This monetary contribution shall be provided to Frederick County within 60 days of written request by the County. Greenway Engineering 4. The Applicant hereby proffers the following Phase 3 Transportation Program: a. The Applicant shall be entitled to develop the CCRC and a maximum of 490,000 square feet of commercial land use and 350,000 square feet of Phase lativ t of 1 Phase office land use within rrraSZ 3 that is a C v2 total Gi Phase i rircwc 3. However, the Applicant can deviate from this land use mix assuming the total trip generation for site plans within this phase of the transportation program (based on the ITE 7 Edition Trip Generation Report) do not exceed the total trip generation specified in the November 25, 2008 Traffic Impact Analysis Report for Phase 3. It is recognized that the Applicant shall complete all Phase 3 transportation improvements prior to the approval of any Site Plan that exceeds 490,000 square feet of commercial land use and 350,000 square feet of office land use or equivalent trip generation as noted above on the B2 portion of the Property. b. The Applicant shall dedicate all right -of -way necessary for the Phase 3 improvements that will occur on the Property to VDOT or Frederick County. The Applicant will attempt to design all off -site improvements within public right -of -way; however, if necessary it is recognized that VDOT and/or Frederick County will assist the Applicant with right -of- way necessary to implement proffered off -site transportation improvements. The Applicant agrees to assume all costs associated with right -of -way acquisition if assistance from VDOT and/or Frederick County is required. c. The Applicant shall design and construct, or cause for the construction of improvements to Spinning Wheel Lane to provide for a second right turn lane on Spinning Wheel Lane at the intersection of Northwestern Pike. These improvements shall be completed prior to the approval of any Site Plan that exceeds 490,000 square feet of commercial and use and 350,000 square feet of office land use or equivalent trip generation as described in Section D(4)(a) of the proffer statement on the B2 portion of the Property. d The Applicant shall design and construct, or cause for the construction of a two -lane urban road that is constructed to a 40 mph geometric design standard and provides for roundabout design at the intersection with Spinning Wheel Lane, and left turn lanes and right turn lanes at all commercial entrances as required by VDOT, which will provide for a connection between Spinning Wheel Lane and Poor House Road (Route 654). The Applicant will coordinate with the owner of tax parcel 52- ((A))-47 to obtain right -of -way for this improvement as a first option for development of the two -lane urban road connection. In the event that the first option cannot be achieved, the Applicant shall design and construct, File #49285 /Silver Lake LLC Rezoning November 25, 2008; Revised January 6, 2009. Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009 11 Greenway Engineering November 25, 2008; Revised January 6, 200. Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009 5. The Applicant hereby proffers the following Phase 4 Transportation Program: File #4928S/Silver Lake LLC Rezoning 12 or cause for the construction of the two -lane urban road connection between Spinning vv'heel Lane and Poor House Road on the Property. The general location of the two -lane road connection associated with both options will be provided on the proffered GDP; however, it is recognized that this location may shift without the need for conditional rezoning approval. The Applicant shall complete this improvement prior to the approval of any Site Plan that exceeds 490,000 square feet of commercial land use and 350,000 square feet of office land use or equivalent trip generation as described in Section D(4)(a) of the proffer statement on the B2 portion of the Property. a. The Applicant shall be entitled to develop the CCRC and a maximum of 583,050 square feet of commercial land use and 494,600 square feet of office land use within Phase 4 that is a emulative total of Phase 1 Phase 4. However, the Applicant can deviate from this land use mix assuming the total trip generation for site plans within this phase of the transportation program (based on the ITE 7 Edition Trip Generation Report) do not exceed the total trip generation specified in the November 25, 2008 Traffic Irnpact Analysis Report for Phase 4. It is recognized that the Applicant shall complete all Phase 4 transportation improvements prior to the approval of any Site Plan that exceeds 530,000 square feet of commercial land use and 440,000 square feet of office land use or equivalent trip generation as noted above on the B2 portion of the Props. In the event that the Applicant would desire to develop commercial or office land uses that exceed the maximum square feet or total trip generation specified in this phase of the transportation program, a new traffic impact analysis report shall be prepared with each site plan to determine any additional transportation improvements required to mitigate the impacts created solely by that project, which will be implemented as a condition of site plan approval. b. The Applicant shall dedicate all right -of -way necessary for the Phase 4 improvements that will occur on the Property to VDOT or Frederick County. The Applicant will attempt to design all off -site improvements within public right -of -way; however, if necessary it is recognized that VDOT and/or Frederick County will assist the Applicant with right -of- way necessary to implement proffered off -site transportation improvements. The Applicant agrees to assume all costs associated with right -of -way acquisition if assistance from VDOT and/or Frederick County is required. c. The Applicant shall design and construct, or cause for the construction of improvements to Silver Lake Road to provide for a second left turn lane Greenway Engineering on Silver Lake Road at the intersection of Northwestern Pike. These improvements shall be completed prior to the approval of any Site Plan that exceeds 530,000 square feet of commercial land use and 440,000 square feet of office land use or equivalent trip generation as described in Section D(5)(a) of the proffer statement on the B2 portion of the Property. d. The Applicant shall design and construct, or cause for the construction of improvements to provide for a third westbound thru lane on Northwestern Pike from the eastem boundary of the Property to Spinning Wheel Lane. Additionally, the Applicant shall be responsible for the relocation, construction, and right -of -way dedication (if necessary) of the existing right turn lanes on Northwestern Pike at the Spinning Wheel Lane and Silver Lake Road intersections. The Applicant shall complete these improvements prior to the approval of any Site Plan that exceeds 530,000 square feet of commercial land use and 440,000 square feet of office land use or equivalent trip generation as described in Section D(5)(a) of the proffer statement on the B2 portion of the Property. 6. The Applicant hereby proffers to conduct annual traffic counts that will be provided to VDOT and Frederick County to determine if the 8,000 ADT volume is achieved to require the expansion of Spinning Wheel Lane and Silver Lake Road to four -lane urban road sections, as provided for in Sections D(2)(f), D(3)(d), and D(3)(e) of the proffer statement. The annual traffic counts shall begin in the first calendar year that the Phase 2 transportation improvements are completed and shall continue until the warrants are met for widening both street systems. VDOT and Frederick County may allow for annual traffic counts to be delayed in calendar years in which there is no development activity on the Property. When required, traffic counts will be conducted at the Spinning Wheel Lane and Silver Lake Road intersections with Northwestern Pike, on Spinning Wheel Lane at the eastern boundary of the Property, and on the two -lane road connector between Spinning Wheel Lane and Poor House Road at the western boundary of the Property. If warrants are met based on the annual traffic counts, the Applicant shall prepare and submit construction plans for approval by VDOT and Frederick County within six months of written notice that warrants are met. The Applicant shall commence construction of these improvements within six months of final plan approval. E. Fire and Rescue Enhancements 1. The Applicant hereby proffers to provide, or cause for the provision of land to Frederick County for the development of a new fire and rescue station and support facilities serving the Round Hill community within five years from the date of final non appealable rezoning approval. The Applicant shall dedicate a site fronting on Silver Lake Road that is located near the intersection of Northwestern Pike, which is a minimum of three acres and a maximum of four acres in size, File #4928S/Silver Lake LLC Rezoning November 25, 2008; Revised January. 6, 200 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009 13 Greenway Engineering with the final size of this site being determined upon approval of the Site Plan for the new fire and rescue station facilit The Applicant shall prepare and provide Frederick County with the dedication plat for this site and necessary right -of -way along Northwestern Pike and Silver Lake Road within five years from the date of final non appealable rezoning approval provided that a Site Plan has been approved for the new fire and rescue station. Additionally, if Frederick County does not commence construction of a new fire and rescue station within one year following the dedication of the site, this land shall be conveyed back to the Applicant to allow for further economic development. In the event Frederick County elects not to develop this site as a new fire and rescue station, the Applicant shall provide a monetary contribution to Frederick County in the amount of $100,000.00 for the development .,f a new fire and rescue station serving the Round Hill community at another location. 2. The Applicant hereby proffers to provide, or cause for the provision of a monetary contribution to Frederick County in the amount of $1,000,000.00 for the development of a new fire and rescue station serving the Round Hill community. This monetary proffer is intended to mitigate impacts to fire and rescue services associated with the development of the CCRC on the MS District portion of the Property. The $1,000,000.00 monetary contribution shall be provided to Frederick County within five years from the date of final non appealable rezoning approval to assist with the development of the new fire and rescue station. However, the date for the $1,000,000.00 monetary contribution payment may be extended if a Site Plan for a new fire and rescue station serving the Round Hill community has not been approved within five years from the date of final non appealable rezoning approval. If the latter occurs, the $1,000,000.00 monetary contribution shall be provided to Frederick County within 30 days of the date of final Site Plan approval for the new fire and rescue station serving the Round Hill community. 3. The Applicant hereby proffers to design and construct, or cause for the construction of all necessary road improvements at the Northwestern Pike intersection with Silver Lake Road and on Silver Lake Road to provide access to the new fire and rescue station, as well as all utilities necessary for the new fire and rescue station located on the Property. These infrastructure improvements shall be provided by the Applicant in advance of the Phase 1 or Phase 2 transportation program improvements to facilitate the construction of the new fire and rescue station should this occur in advance of the commercial development within these transportation phases The Applicant shall work with Frederick County, upon notice by the County, to ensure that the design, bonding and construction of these infrastructure improvements is coordinated during the preparation of the Site Plan for the new fire and rescue station on the Property. File #4928S/Silver Lake LLC Rezoning November 25, 2008; Revised January 6, 200 Revised January 27, 2009; Revised February 16, 2009; Revised February 19, 2009; Revised March 2, 2009 14 Crreenway Engineering F. Signatures November 25, 2008; Revised January 6, 2009. Revised January 27, 2009; Revised February 16, 2009; Revised February 19,2009; Revised March 2, 2009 The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Applicants and owners. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: By: 2009 by L Commonwealth of Virginia. i xis U1 CINDY GROVE NOTARY PUBLIC Commonwealth of Virginia Reg. #184054 File #49285 /Silver Lake LLC Rezoning o My Commission Expires LI- 80 c20 /0 TG vv'it: Date: 3/4O The foregoing instrument was acknowledged before me this 'Mc day of )21 NMary Public 15 w u 0 250 500 1,000 Feet 1 1 1 1 Silver Lake ReZoning 01 -09 PIN: 52 A C, 52 A 50, 52 A 50A, 52 A 52, 52 A 63 A AWL- (1r e B .y F IS) ;'A 258 Ster n _RR PERRY STUART. M11rINC 0 Future Rt37 Bypass Zoning M2 (Industrial, General District) Q REZ0109_SilverLake Bl (Business, Neighborhood District) MHI (Mobile Home Community 1 i Buildings B2 (Business, General Distrist) MS(Medicat Support District) I Urban DccClopment Area B3 (Rosiness, Industrial Transition District) RI (Residential Planned Commm "enolt SWSA EM (Extractive Manufacturing District) R5 (Residential Recreational Con HE (Higher Education District) i RA (Rural Area District) l- MI (Industrial, Light District) RP (Residential Performance Dist Map Document. (Fi_1_ Locator_ Mps420091REZ0109 _SilverLake_022509 mxdj 2/24/2009 3.10:39 PN 0 m m ca z m r ro cn a z m z m z mr 0 N a m z w r m n cN zm r ry z m p' 0 0 0 o m 1 h 33 G) I 1 m M z m -o co m 1 33 I mz t e t' t cn 0 m m z co SILVER LAKE RC AD J r m m 33o) zm r-+ a z m --I N m z a m r O N m z GENERALIZED DEVELOPMENT PLAN SILVER LAKE DEVELOPMENT GAINESBORO MAGISTERIAL DISTRICT FREDERICK COUNTY, VA w 0 73 23 '0 m z SPINNING WHEEL LANE 1 Founded Sn l971 Engineers Surveyors 151 Windy Hill Lane Winchester, Virginia 22602 Telephone 540 -662 -4185 FAX 540 722 -9528 www. greenwayeng. com 51 GREENWAY ENGII SILVER LAKE, LLC PROPERTY REZONING ADJOINING PROPERTIES MAP GAINESBORO MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE: 2 -19 -2009 (PROJECT ID: 4928S (DESIGNED BY: DWE SCALE: 1 Inch equals 700 Feet SILVER LAKE, LLC PROPERTY REZONING ADJOINING PROPERTIES MAP faoW+d m f9qf Engineetv Surveyors J GREENWAY ENGI 151 Windy Hill tanr Winchester, Vir¢Inle 22662 Telephone 540-662-4185 FAX 540- 722 -9528 www.grann vmpnng. earn 4-4 w x 0 m to m II cs 0 0 av 0 0 CO 01 mzw wm N N N Nry 0 Z W m W gig 01 ro f NN N N 0Zo i w •ter o A 11 w ro moa 0� m REZONING COMPOSITE PLAT 5- 2 1 c SILVER LAKE, LLC GAINESBORO MAGISTERIAL DISTRICT FRE (ERIC COU TY VA 0 1 to r W V O t n :y GREENWAY I 151 Windy Hil Founded in 1971 Winchester, Vi Engineers Telephone 541 Surveyors FAX 540 -722- REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: Greenway Engineering Telephone: (540) 662 -4185 Address: 151 Windy Hill Lane Winchester VA 22602 2. Property Owner (if different from above) Name: Silver Lake, LLC Telephone: (540) 662 -7215 Address: 13 South Loudoun Street Winchester VA 22601 3. Contact person if other than above Name: Evan Wyatt 4. Checklist: Check the following items that have been included with this application. Location map Plat Deed to Property Verification of taxes paid Telephone: (540) 662 -4185 Agency Comments Fees Impact Analysis Statement Proffer Statement 5. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: James R. Wilkins, Jr. James R. Wilkins. III 6. A) Current Use of the Property: Residential; Agricultural Unimproved B) Proposed Use of the Property: Commercial Retail. Office CCRC (Continuing Care Retirement Community) 7. Adjoining Property: Please refer to attached Adjoining Property Map Property Owner Information Table USE PARCEL ID NUMBER ZONING 8. Location: The property is located at (give exact located based on nearest road and distance from nearest intersection, using road names and route number): North side of Northwestern Pike (U.S. Route 50 West); West of Retail Boulevard; and east of Poor House Road (Route 654). Acres Current Zoning Zoning Requested 238.96± RA District B2 District Tax Map Parcels 52- ((A)) -C, 52- ((A)) -50A 52- ((A)) -52 and 52- ((A)) -63 131.06± RA District MS District TM Parcel 52- ((A)) -50 370.02± Total Acreage to be rezoned Information to be Submitted for Canital Facilities Impact Model In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density or intensity scenario for the proposed Zoning District as described on Page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number 52- ((A)) -C. 52- ((A))-50, 52- ((A)) -50A, 52- ((A)) -52, and 52- ((A)) -63 Districts Magisterial: Gainesboro High School: James Wood Fire Service: Round Hill Middle School: Frederick County Rescue Service: Round Hill Elementary School: Orchard View 10. Zoning Change: List the acreage included in each new zoning category being requested. 11. The following information should be provided according to the type of rezoning proposed: Single Family homes: Non Residential Lots: The Continuing Care Retirement Community will have a mixture of independent living units, assisted living units, and skilled nursing units proffered at a maximum density of 8 units per acre. Office: Retail: Restaurant: 494,600 583.050 Number of Units Proposed Townhome: Multi- Family Mobile Home: Hotel Rooms: Square Footage of Proposed Uses Service Station: Manufacturing: Warehouse: Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. 1 (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right -of -way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the bet of my (our) knowledge. Applicant(s): Owner (s): Lal r Date: Z/19 (o9 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us Department of Planning Development, County of Frederick, Virginia, 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Phone 540- 665 -5651 Facsimile 540- 665 -6395 Planning office, County of Frederick, Virginia, 107 Kent Street, Winchester, Virginia 22601 Phone 540- 665 -5651 Facsimile 540 665 -6395 Know All Men By These Presents: That I (We) (Name) Silver Lake LLC (Phone) (540) 662 -7215 (Address) 13 South Loudoun Street, Winchester, VA 22601 the owner(s) of all those tracts or parcels of land "Property conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 090001536 on Page Deed Book 927 on Page 1591 Deed Book 872 on Page 318 and is described as Parcel: 52 Lot: 50 Block:A Section: Parcel: 52 Lot: C Block: A Section: Parcel: 52 Lot: 50A Block: A Section: Parcel: 52 Lot: 52 Block: A Section: Parcel: 52 Lot: 63 Block: A Section: do hereby make, constitute and appoint: (Name) Greenway Engineering (Phone) (540) 662 -4185 (Address) 151 Windy Hill Lane, Winchester, VA 22602 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning application for my (our) above described Property, including: Rezoning (Including proffers) Conditional Use Permits Master Development Plan (Preliminary and Final) Subdivision Site Plan Comprehensive Policy Plan Amendment My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I e) have hereto set my (our) hand and seal thisiOYklay o Signature(s)�� 2001 State of Virginia, City7County ot`kl44.eeL tt4 To -wit: I, &nut-% a effati Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument and who I (are) known to me, personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this day of� 2003 Notary Pu jllfJ i GROVE NOTARY PUBLIC Commonwealth of Virginia My Commission Expires: s 80 it