HomeMy WebLinkAbout01-09 Proffer StatementAMENDMENT
Action:
PLANNING COMMISSION: March 18, 2009 Recommended Approval
BOARD OF SUPERVISORS: April 22, 2009 a APPROVED DENIED
PDRES# I4 -09
AN ORDINANCE AMENDING
THE ZONINGDISTRICT MAP
REZONING #01 -09 OF SILVER LAKE, LLC
WHEREAS, Rezoning #01 of Silver Lake, submitted by Greenway Engineering, to rezone 238.96
acres from RA (Rural Areas) District to B2 (General Business) District, and 131.06 acres from RA District
to MS (Medical Support) District, with proffers, for Commercial and Continuing Care Retirement
Community (CCRC) Uses was considered. The properties are located on the north side of Northwestern
Pike. (Route 50 West), west of Retail Boulevard and east of Poor House Road (Route 654), in the
Gainesboro Magisterial District, and are identified by Property Identification Numbers 52 -A -C, 52 -A -50,
52- A -50A, 52 -A -52 and 52 -A -63.
WHEREAS, the Planning Commission held a public hearing on this rezoning on March 18, 2009; and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning.ou April 22; 2009: and
WHEREAS, the Frederick County Board of Supervisors finds the approval•ofthisrczoning to be in
the best, interest of the public health, safety, welfare,•and in conformance with the Comprehensive
Policy Plan;
NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that
Chapter 165 of the Frederick County Code, Zoning, is amended to revise the, Zoning District' Map to
rezone 238.96 acres from RA (Rural Areas) District to B2 (General Business) District and 131.06 acres
from RA District to MS (Medical Support) District, with proffers for Commercial and Continuing Care
Retirement Community (CCRC) Uses. The conditions voluntarily proffered in writing by the applicant
and the property owner are attached.
PDRES414 -09
This ordinance shall be in effect on the date of adoption.
Passed this 22nd day of April, 2009 by the following recorded vote:
Richard C. Shickle, Chairman Aye
Gary W. Dove
Gene E. Fisher
Philip A. Lemieux
Aye
Aye
Aye
Gary A. Lofton
Bill M. Ewing
Charles S. DeHaven, Jr.
A COPY ATTEST
John Ril. Jr.
Fred rj /k County Administrator
Aye
Aye
Aye
Greenway Engineering
APPLICANT:
PROJECT NAME:
ORIGINAL DATE
OF PROFFERS:
REVISION DATE:
Preliminary Matters
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; March 13, 2009; March 30, 2009
SILVER LAKE, LLC APR 8 2009
PROFFER STATEMENT
November 25, 2008
March 30, 2009
REZONING: RZ #01 -09
Rural Areas District (RA) to Business General District (B2) and
MS Medical Support District (MS)
PROPERTY: 370.02± acres;
Tax Parcels #52- ((A)) -C, 52- ((A)) -50, 52- ((A)) -50A, 52-((AD-52,
and 52- ((A)) -63 (here -in after the "Property
RECORD OWNER: 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
Pursuant to Section 15.2 -2296 Et. Seq. of the Code of Virginia, 1950, as amended, and
the provisions of the Frederick County Zoning Ordinance with respect to conditional
zoning, the undersigned Applicant hereby proffers that in the event the Board of
Supervisors of Frederick County, Virginia, shall approve Rezoning Application #01 -09
for the rezoning of 370.02± -acres from the Rural Areas (RA) District to establish
238.96± acres of B -2, Business General District (Tax Map Parcels 52- ((A)) -C, 52- ((A))-
50A, 52- ((A)) -52, 52- ((A)) -63) and 131.06± -acres of MS, Medical Support District (Tax
Map Parcel 52- ((A)) -50), development of the subject property shall be done in
conformity with the terms and conditions set forth herein, except to the extent that such
terms and conditions may be subsequently amended or revised by the Applicant and such
be approved by the Frederick County Board of Supervisors in accordance with the said
Code and Zoning Ordinance. In the event that such rezoning is not granted, then these
proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall
be binding upon this Applicant and their legal successors, heirs, or assigns.
The Property, more particularly described as the lands owned by Silver Lake LLC, being
all of Tax Map Parcels 52- ((A)) -C, 52- ((A)) -50, 52- ((A)) -50A, 52- ((A)) -52, 52-((AD-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).
Grecnway Engineering
File i34928S /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; March 13, 2009; March 30, 2009
A. Generalized Development Plan
2
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.
PROFFER STATEMENT
2. The Applicant hereby proffers to develop the Property in substantial conformity
with the proffered GDP, prepared by Greenway Engineering dated March 30,
2009. The GDP is recognized to be a conceptual plan and may be adjusted by the
Applicant to accommodate final design and engineering constraints without the
need of new conditional rezoning approval by the Frederick County Board of
Supervisors, provided that the adjustments do not eliminate or substantially
relocate the areas described in Section Al of this proffer statement.
B. MS, Medical Support District Area
1. The Applicant hereby proffers to develop, or cause for the development of a
Continuing Care Retirement Community (the "CCRC on the portion of the
Property proposed to be zoned MS, Medical Support District, and to exclude all
other MS, Medical Support District land uses not expressly permitted within
Section 165- 97B(7) of the Frederick County Zoning Ordinance.
2. The Applicant hereby proffers to limit the maximum residential density within the
CCRC to eight units per acre. The maximum residential density total shall
include all independent living units, assisted care living units, and skilled nursing
care units. The location and totals for the residential units specified in this section
shall be provided on the Master Development Plan for the Property.
3. Where buffer areas are required and mature woodlands are in place, the Applicant
will request approval of the use of these woodland features to satisfy the buffer
requirement during the consideration of the Master Development Plan.
4. The Applicant proffers to provide initial access to the CCRC via Spinning Wheel
Lane as described in Section D(2)(f) of the proffer statement, and further proffers
to provide a maximum of two commercial entrances on Spinning Wheel Lane to
provide access to the CCRC.
Grcenway Engineering November 25, 2008; Revised January 6, 2009;
Revised January 27, 2009; Revised February 16, 2009;
Revised Febniary 19, 2009; Revised March 2, 2009; March 13, 2009; March 30, 2009
C. B2, Business General District Area
Truck Stops
Golf Driving Ranges
Outdoor Batting Cages
Model Home Sales
Self- Service Storage Facilities
Adult Retail Establishments
3
1. The Applicant hereby proffers to prohibit the following and 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 B2 District land uses that intersect Northwestern Pike
shall be permitted if approved by VDOT and /or Frederick County.
3. The Applicant hereby proffers to establish a green strip along the Property
frontage adjacent to the Northwestern Pike corridor that is 50 feet in width.
Parking lots and access drives shall be prohibited within the 50 -foot green strip,
except for access drives permitted as described in Section C(2) above. The entire
Property frontage of the 50 -foot green strip shall be enhanced with street trees that
are a minimum of 2 -inch caliper at planting and spaced a maximum of 30 feet on
center, ornamental shrubs that are a minimum three gallon container at planting,
as well as an asphalt bicycle and pedestrian facility that is 10 feet wide. The
installation of the street trees, ornamental shrubs, and bicycle and pedestrian
facility located within the 50 -foot green strip shall be required as specified in
Section C(8) of the proffer statement.
4. The Applicant hereby proffers to establish street tree plantings along both sides of
Spinning Wheel Lane and Silver Lake Road throughout the limits of the B2
District property. All street trees shall be a minimum of two -inch caliper at time
of planting and spaced a maximum 40 feet on center. The street trees shall be
located between the back of curb and sidewalks and /or the asphalt bicycle and
pedestrian facility.
5. The Applicant hereby proffers to establish a linear passive open space area in the
general location identified on the proffered GDP, which will be enhanced with a
10 -foot asphalt trail system between Spinning Wheel Lane and Northwestern Pike
as specified in Section C(8) of the proffer statement.
6. The Applicant hereby proffers to provide for inter parcel connectors between all
adjoining commercial and office land uses.
File #4928S/Silver Lake LLC Rezoning
Greenway Engineering
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; March 13, 2009; March 30, 2009
4
7. The Applicant hereby proffers to include an additional row of evergreen trees
within all required buffer and screening areas adjacent to land primarily used for
residential purposes in the RA District in which accessory uses are proposed
within the active portion of the buffer area.
8. The Applicant hereby proffers to design and construct, or cause for the
construction of an asphalt bicycle and pedestrian facility that is ten -feet wide.
This location of this facility is identified on the proffered GDP and will be located
outside of public right -of -way limits. This facility will be developed as follows:
The 10 -foot asphalt trail located along the south side of the Phase 1
segment of Spinning Wheel Lane shall be developed during the
construction of this road segment as specified in Section D(2)(f) of the
proffer statement.
The 10 -foot asphalt trail located along the south side of the Phase 2
segment of Spinning Wheel Lane shall be developed during the
construction of this road segment as specified in Section D(3)(e) of the
proffer statement.
The 10 -foot asphalt trail located along the passive open space area shall be
developed on or before the completion of the commercial development
permitted under the Phase 1Transportation Program as specified in Section
D(2)(a) of the proffer statement.
The 1 0-foot asphalt trail located along the southern boundary of the
Property identified as Area 1 on the GDP shall be developed during the
construction of the Phase 1 segment of Spinning Wheel Lane as specified
in Section D(2)(f) of the proffer statement.
The 10 -foot asphalt trail located along the southern boundary of the
Property identified as Area 2 on the GDP shall be developed prior to the
issuance of the occupancy permit issued for the first commercial building
permit located in the land bay between Spinning Wheel Lane and Silver
Lake Road.
The 10 -foot asphalt trail located along the southern boundary of the
Property identified as Area 3 on the GDP shall be developed prior to the
issuance of the occupancy permit issued for the first commercial building
permit located in the land bay between Silver Lake Road and the eastern
boundary of the Property.
9. The Applicant hereby proffers to establish an Architectural Review Board (ARB)
for the purpose of reviewing structural elevations, site landscaping and signage
for all commercial sites to ensure compatibility with the restrictive covenant
documents for the B2 District property. The restrictive covenant documents shall
be provided to Frederick County prior to the subdivision of land within the B2
District, or prior to the approval of any site development plan within the B2
District. The restrictive covenant documents shall include, but not be limited to,
the following design elements:
Greenway Engineering
November 25, 2008; Revised January 6, 2009;
Revised January 27, 2009; Revised February 16, 2009;
Revised February 19, 2009; Revised March 2, 2009; March 13, 2009; March 30, 2009
Building materials for all exterior walls and rooflines.
Materials for all monument freestanding business signs. The materials for
the base of all monument freestanding business signs shall be consistent
throughout the B2 District.
Screening of all loading areas from adjoining properties external to the B2
District.
Screening of outdoor dumpster pad areas with building materials
consistent with the primary structure.
Common area maintenance agreements.
D. Transportation Enhancements
1. The Applicant has submitted a Traffic Impact Analysis (TIA), prepared by Patton,
Harris, Rust and Associates, dated November 25, 2008 for the 370.02± acre
Property. The TIA identifies improvements to the regional transportation network
to account for background undeveloped projects and the Applicant's proposal
through four phases of development. The Applicant hereby proffers to design and
construct, or cause for the construction of improvements to the regional
transportation network as a phased development program that is described in this
section of the proffer statement. Additionally, the phased development program
is identified in illustrative form on the proffered GDP. It is recognized that the
phased transportation improvements proffered herein will be constructed as
described in this section; however, the exact location and limits of these
improvements will be determined by VDOT and/or Frederick County during the
approval of engineering design plans. It is further recognized that the location of
the regional transportation network improvements identified in illustrative form
on the proffered GDP are general in nature and may be relocated to accommodate
VDOT engineering design plan approval without the need for conditional zoning
amendment to the GDP or the proffer statement.
2. The Applicant hereby proffers the following Phase 1 Transportation Program:
a. The Applicant shall be entitled to develop the CCRC and a maximum of
180,000 square feet of commercial land use within Phase 1 However, the
Applicant can deviate from this land use mix assuming the total trip
generation for site plans within this phase of the transportation program
(based on the ITE 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
any Site Plan that exceeds 180,000 square feet of commercial land use or
equivalent trip generation as noted above on the B2 portion of the
Property.
File #4928S/Silver Lake LLC Rezoning
5
Greenway Engineering
November 25, 2008; Revised January 6, 2009;
Revised January 27, 2009; Revised February 16, 2009;
Revised February 19, 2009; Revised March 2, 2009; March 13, 2009; March 30, 2009
6
b. The Applicant shall dedicate all right -of -way necessary for the Phase 1
improvements that will occur on the Property to VDOT or Frederick
County. The Applicant will attempt to design all off -site improvements
within public right -of -way; however, if necessary it is recognized that
VDOT and /or Frederick County will assist the Applicant with right -of-
way necessary to implement proffered off -site transportation
improvements. The Applicant agrees to assume all costs associated with
right -of -way acquisition if assistance from VDOT and /or Frederick
County is required.
c. The Applicant shall execute, or cause for the execution of a traffic
signalization agreement with VDOT to fully fund new traffic signalization
at the intersection of Northwestern Pike (U.S. Route 50) and Poor House
Road (Route 654). The traffic signalization agreement shall be executed
within six months of final non appealable rezoning approval, or prior to
approval of the first Site Plan for the property, whichever occurs first.
d. The Applicant shall design and construct, or cause for the execution of a
traffic signalization agreement with VDOT to fully fund new traffic
signalization with pedestrian actualization at the intersection of
Northwestern Pike (U.S. Route 50) and the relocated Spinning Wheel
Lane. The traffic signalization agreement shall be executed within one
year of final non- appealable rezoning approval, or prior to approval of the
first Site Plan for the property, whichever occurs first. The Applicant shall
reserve the right to preempt this agreement by initiating a signal warrant
study and signal design plans in accordance with VDOT standards for
approval to install traffic signalization at this intersection.
e. The Applicant shall design and construct, or cause for the construction of
improvements to the median crossing including a westbound right turn
lane and left turn lane and an eastbound left turn lane on Northwestern
Pike at the intersection of the relocated Spinning Wheel Lane. These
improvements shall be completed prior to the issuance of the first
occupancy permit for the land use utilizing Spinning Wheel Lane for
access to Northwestern Pike.
f. The Applicant shall design and construct, or cause for the construction of
improvements to Spinning Wheel Lane within the Property to provide for
a road section that is constructed to a 40 mph geometric design standard
and provides right -of -way for a future roundabout at the intersection with
Silver Lake Road, and Left tum lanes and right turn lanes at all internal
collector street intersections and at commercial entrances as required by
VDOT. Additionally, the Applicant shall design and construct, or cause
for the construction of separate right and left turn lanes on Spinning Wheel
Lane at the intersection of Northwestern Pike.
File #49285 /Silver Lake LLC Rezoning
Greenway Engineering
g.
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; March 13, 2009; March 30, 2009
7
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.
In the event that VDOT and Frederick County determine that a monetary
contribution for regional transportation improvements to the Route 37
corridor between the Northwestern Pike interchange and the North
Frederick Pike interchange is desired, the Applicant agrees to provide a
monetary contribution in lieu of the improvement described in Section
2(h). This monetary contribution shall be equivalent to the amount
associated with the improvement described in that section based upon an
engineering estimate agreed upon by VDOT, Frederick County and the
Applicant that will be prepared on or before the build out of the Phase 1
transportation improvements. The Applicant agrees to provide this
monetary contribution to Frederick County within 30 days of written
request by the County, and further agrees to allow for this monetary
contribution to be utilized as matching funds by Frederick County for
qualifying transportation improvements programs or grants.
Greenway Engineering November 25, 2008; Revised January 6, 2009;
Revised January 27, 2009; Revised February 16, 2009;
Revised Febniary 19, 2009; Revised March 2, 2009; March 13, 2009: March 30, 2009
3. The Applicant hereby proffers the following Phase 2 Transportation Program:
a. The Applicant shall be entitled to develop the CCRC and a maximum of
350,000 square feet of commercial land use and 105,000 square feet of
office land use within Phase 2 that is a cumulative total of Phase 1 Phase
2. However, the Applicant can deviate from this land use mix assuming
the total trip generation for site plans within this phase of the
transportation program (based on the ITE 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
Northwestem 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
Northwestem Pike. The Applicant shall provide additional funding
necessary to provide for pre emption control for this traffic signal if the
County requests the land for the new fire and rescue facility provided in
Section E(1) of the proffer statement. In the event the County does not
request the land for the new fire and rescue facility, the additional funding
for traffic signal pre emption control shall be made available for pre-
emption control for the traffic signal at the intersection of Northwestern
Pike and Poor House Road that is described in Section D(2)(c) of the
proffer statement. The Applicant shall reserve the right to preempt this
agreement by initiating a signal warrant study and signal design plans in
accordance with VDOT standards for approval to install traffic
signalization at this intersection.
File #4928S/Silver Lake LLC Rezoning
8
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; March 13, 2009; March 30, 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
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; March 13, 2009; March 30, 2009
1 0
the requirements associated with this improvement. The Applicant shall
complete these improvements in conjunction with construction activities
associated with Silver Lake Road as described in Section D(3)(d) of the
proffer statement.
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 fora second right turn. The Applicant
shall complete the Route 37 interchange improvements described in this
section prior to the approval of any Site Plan that exceeds 350,000 square
feet of commercial land use and 105,000 square feet of office land use or
equivalent trip generation as described in Section D(3)(a) of the proffer
statement on the B2 portion of the Property.
h. The Applicant shall design and construct, or cause for the construction of
improvements at the Route 37 interchange with Northwestern Pike to
provide for a third westbound thru lane on Northwestern Pike under the
Route 37 bridge structure continuing east to the transition for the Route 37
northbound on -ramp, to include the relocation of the existing Route 37
northbound on -ramp. The Applicant shall complete the Route 37
interchange improvements described in this section prior to the approval
of any Site Plan that exceeds 350,000 square feet of commercial land use
and 105,000 square feet of office land use or equivalent trip generation as
described in Section D(3)(a) of the proffer statement on the B2 portion of
the Property.
i. In the event that VDOT and Frederick County determine that a monetary
contribution for regional transportation improvements to the Route 37
corridor between the Northwestern Pike interchange and the North
Frederick Pike interchange is desired, the Applicant agrees to provide a
monetary contribution in lieu of the improvements described in Section
3(g) and 3(h). This monetary contribution shall be equivalent to the
amount associated with the improvement described in those sections based
upon an engineering estimate agreed upon by VDOT, Frederick County
and the Applicant that will be prepared on or before the build out of the
Phase 2 transportation improvements. The Applicant agrees to provide
this monetary contribution to Frederick County within 30 days of written
request by the County, and further agrees to allow for this monetary
contribution to be utilized as matching funds by Frederick County for
qualifying transportation improvements programs or grants.
In the event that regional transportation improvements to the Route 37
corridor between the Northwestern Pike interchange are constructed prior
to the completion of the Phase 2 Transportation Program, the Applicant
agrees to provide a monetary contribution equivalent to the amount
associated with the improvement described in this section to be utilized
Greenway Engineering
November 25, 2008; Revised January 6, 2009;
Revised January 27, 2009; Revised February 16, 2009;
Revised February 19, 2009; Revised March 2, 2009; March 13, 2009; March 30, 2009
4. The Applicant hereby proffers the following Phase 3 Transportation Program:
File #4928S/Silver Lake LLC Rezoning
11
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.
a. The Applicant shall be entitled to develop the CCRC and a maximum of
490,000 square feet of commercial land use and 350,000 square feet of
office land use within Phase 3 that is a cumulative total of Phase 1 Phase
3. However, the Applicant can deviate from this land use mix assuming
the total trip generation for site plans within this phase of the
transportation program (based on the ITE 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 land use and 350,000
square feet of office land use or equivalent trip generation as described in
Section D(4)(a) of the proffer statement on the B2 portion of the Property.
d. The Applicant shall design and construct, or cause for the construction of
a two -lane urban road that is constructed to a 40 mph geometric design
standard and provides for roundabout design at the intersection with
Spinning Wheel Lane, and left turn lanes and right turn lanes at all
commercial entrances as required by VDOT, which will provide for a
connection between Spinning Wheel Lane and Poor House Road (Route
654). The Applicant will coordinate with the owner of tax parcel 52-
Greenway Engineering
File #4928S/Silver Lake LLC Rezoning
1
November 25, 2008; Revised January 6, 2009;
Revised January 27, 2009; Revised February 16, 2009;
Revised February 19, 2009; Revised March 2, 2009; March 13, 2009; March 30, 2009
12
((A)) -47 to obtain right -of -way for this improvement as a first option for
development of the two -lane urban road connection. In the event that the
first option cannot be achieved, the Applicant shall design and construct,
or cause for the construction of the two -lane urban road connection
between Spinning Wheel Lane and Poor House Road on the Property.
The general location of the two -lane road connection associated with both
options will be provided on the proffered GDP; however, it is recognized
that this location may shift without the need for conditional rezoning
approval. The Applicant shall complete this improvement prior to the
approval of any Site Plan that exceeds 490,000 square feet of commercial
land use and 350,000 square feet of office land use or equivalent trip
generation as described in Section D(4)(a) of the proffer statement on the
B2 portion of the Property.
5. The Applicant hereby proffers the following Phase 4 Transportation Program:
a. The Applicant shall be entitled to develop the CCRC and a maximum of
583,050 square feet of commercial land use and 494,600 square feet of
office land use within Phase 4 that is a cumulative total of Phase 1 Phase
4. However, the Applicant can deviate from this land use mix assuming
the total trip generation for site plans within this phase of the
transportation program (based on the ITE 7 Edition Trip Generation
Report) do not exceed the total trip generation specified in the November
25, 2008 Traffic Impact Analysis Report for Phase 4. It is recognized that
the Applicant shall complete all Phase 4 transportation improvements
prior to the approval of any Site Plan that exceeds 530,000 square feet of
commercial land use and 440,000 square feet of office land use or
equivalent trip generation as noted above on the B2 portion of the
Property. In the event that the Applicant would desire to develop
commercial or office land uses that exceed the maximum square feet or
total trip generation specified in this phase of the transportation program, a
new traffic impact analysis report shall be prepared with each site plan to
determine any additional transportation improvements required to mitigate
the impacts created solely by that project, which will be implemented as a
condition of site plan approval.
b. The Applicant shall dedicate all right -of -way necessary for the Phase 4
improvements that will occur on the Property to VDOT or Frederick
County. The Applicant will attempt to design all off -site improvements
within public right -of -way; however, if necessary it is recognized that
VDOT and/or Frederick County will assist the Applicant with right -of-
way necessary to implement proffered off -site transportation
improvements. The Applicant agrees to assume all costs associated with
right -of -way acquisition if assistance from VDOT and /or Frederick
County is required.
Green ay Engineering
November 25, 2008; Revised January 6, 2009;
Revised January 27, 2009; Revised February 16, 2009;
Revised February 19, 2009; Revised March 2, 2009; March 13, 2009; March 30, 2009
E. Fire and Rescue Enhancements
File #4928S/Silver Lake LLC Rezoning
13
c. The Applicant shall design and construct, or cause for the construction of
improvements to Silver Lake Road to provide for a second left tum lane
on Silver Lake Road at the intersection of Northwestern Pike. These
improvements shall be completed prior to the approval of any Site Plan
that exceeds 530,000 square feet of commercial land use and 440,000
square feet of office land use or equivalent trip generation as described in
Section D(5)(a) of the proffer statement on the B2 portion of the Property.
d. The Applicant shall design and construct, or cause for the construction of
improvements to provide for a third westbound thru lane on Northwestern
Pike from the eastern boundary of the Property to Spinning Wheel Lane.
Additionally, the Applicant shall be responsible for the relocation,
construction, and right -of -way dedication (if necessary) of the existing
right turn lanes on Northwestern Pike at the Spinning Wheel Lane and
Silver Lake Road intersections. The Applicant shall complete these
improvements prior to the approval of any Site Plan that exceeds 530,000
square feet of commercial land use and 440,000 square feet of office land
use or equivalent trip generation as described in Section D(5)(a) of the
proffer statement on the B2 portion of the Property.
6. The Applicant hereby proffers to conduct annual traffic counts that will be
provided to VDOT and Frederick County to determine if the 8,000 ADT volume
is achieved to require the expansion of Spinning Wheel Lane and Silver Lake
Road to four -lane urban road sections, as provided for in Sections 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.
1. The Applicant hereby proffers to provide, or cause for the provision of land to
Frederick County for the development of a new fire and rescue station and
support facilities within five years from the date of final non appealable rezoning
Grecnway Engineering
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; March 13, 2009; March 30, 2009
14
approval. The Applicant shall dedicate a site fronting on Silver Lake Road that is
located near the intersection of Northwestern Pike, which is a minimum of three
acres and a maximum of four acres in size, with the final size of this site being
determined upon approval of the Site Plan for the new fire and rescue station
facility. The Applicant shall prepare and provide Frederick County with the
dedication plat for this site and necessary right -of -way along Northwestern Pike
and Silver Lake Road within five years from the date of final non appealable
rezoning approval provided that a Site Plan has been approved for the new fire
and rescue station. Additionally, if Frederick County does not commence
construction of a new fire and rescue station within one year following the
dedication of the site, this land shall be conveyed back to the Applicant to allow
for further economic development. In the event Frederick County elects not to
develop this site as a new fire and rescue station, the Applicant shall provide a
monetary contribution to Frederick County in the amount of $100,000.00 for the
development of a new fire and rescue station or for the expansion of an existing
fire and rescue station at another location.
2. The Applicant hereby proffers to provide, or cause for the provision of a monetary
contribution to Frederick County in the amount of $1,000,000.00 for the
development of a new fire and rescue station or for the expansion of an existing
fire and rescue station. This monetary proffer is intended to mitigate impacts to
fire and rescue services associated with the development of the CCRC on the MS
District portion of the Property. The $1,000,000.00 monetary contribution shall
be provided to Frederick County within five years from the date of final non
appealable rezoning approval to assist with the development of the new fire and
rescue station or for the expansion of an existing fire and rescue station.
However, the date for the $1,000,000.00 monetary contribution payment may be
extended if a Site Plan for a new fire and rescue station or for the expansion of an
existing fire and rescue station has not been approved within five years from the
date of final non appealable rezoning approval. If the latter occurs, the
$1,000,000.00 monetary contribution shall be provided to Frederick County
within 30 days of the date of final Site Plan approval for the new fire and rescue
station or for the expansion of an existing fire and rescue station.
3. The Applicant hereby proffers to design and construct, or cause for the
construction of all necessary road improvements at the Northwestern Pike
intersection with Silver Lake Road and on Silver Lake Road to provide access to
the new fire and rescue station, as well as all utilities necessary for the new fire
and rescue station located on the Property. These infrastructure improvements
shall be provided by the Applicant in advance of the Phase 1 or Phase 2
transportation program improvements to facilitate the construction of the new fire
and rescue station should this occur in advance of the commercial development
within these transportation phases. The Applicant shall work with Frederick
County, upon notice by the County. to ensure that the design, bonding and
construction of these infrastructure improvements is coordinated during the
preparation of the Site Plan for the new fire and rescue station on the Property.
Greenway Engineering
F. Signatures
The conditions proffered above shall be binding upon the heirs, executors, administrators,
assigns and successors in the interest of the Applicants and owners. In the event the
Frederick County Board of Supervisors grants this rezoning and accepts the conditions,
the proffered conditions shall apply to the land rezoned in addition to other requirements
set forth in the Frederick County Code.
Respectfully Submitted:
By: s Manage`" Date: 7/ 07
v III
Commonwealth of Virginia,
City ounty .f Er26e_iric
20by
The foregoing instrument was acknowledged before me this day of A0vi i
My Commission Expires f e to. Lei' 20; Z
R e is}vC{i 21(010 (o
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; March 13, 2009; March 30, 2009
To Wit:
Notary Public
15
GENERALIZED DEVELOPMENT PLAN
SILVER LAKE DEVELOPMENT
GAINESBORO MAGISTERIAL DISTRICT
FREDERICK COUNTY, VA
GREENWAY ENGINEERING
151 Windy Hill Lane
Winchester, Virginia 22602
Telephone 540 -682 -4185
FAX 540 722 -9528
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GENERALIZED DEVELOPMENT PLAN
SILVER LAKE DEVELOPMENT
GAINESBORO MAGISTERIAL DISTRICT
FREDERICK COUNTY, VA
Founded in 1971
Engineers
Surveyors
7
GREENWAY ENGINI
151 Windy Hill Lane
Winchester, Virginia 22602
Telephone 540 -662 -4185
FAX 540 722 -9528
www.greenwayeng.com
Greenwa
APPLICANT:
Engineering November 25, 2008; Revised January 6, 2009;
Revised January 27, 2009; Revised February 16, 2009;
Revised February 19, 2009; Revised March 2, 2009; March 13, 2009; March 30, 2009
REZONING:
PROPERTY:
RECORD OWNER;
PROJECT NAME:
ORIGINAL DATE
OF PROFFERS:
REVISION DATE: March 13, 2009 March 30, 2009
Preliminary Matters
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)) -50A, 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
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 524(A)) -50), development of the subject property shall be done in conformity
with the terms and conditions set forth herein, except to the extent that such terms and
conditions may be subsequently amended or revised by the Applicant and such be
approved by the Frederick County Board of Supervisors in accordance with the said Code
and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers
shall be deemed withdrawn and have no effect whatsoever. These proffers shall be
binding upon this Applicant and their legal successors, heirs, or assigns.
The Property, more particularly described as the lands owned by Silver Lake LLC, being
all of Tax Map Parcels 52- ((A)) -C, 52- ((A)) -50, 52- ((A)) -50A, 52- ((A)) -52, 52- ((A)) -63,
and further described by Property Deeds including Instrument Number 090001536, Deed
Book 872 Page 318 and Deed Book 927 Page 1591. (Please refer to Rezoning
Application Deed information).
File #4928S /Silver Lake LLC Rezoning
Greenway Engineering
2
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; March 13, 2009: March 30, 2009
A. Generalized Development Plan
B. MS, Medical Support District Area
PROFFER STATEMENT
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
March 30, 2009. The GDP is recognized to be a conceptual plan and may be
adjusted by the Applicant to accommodate final design and engineering
constraints without the need of new conditional rezoning approval by the
Frederick County Board of Supervisors, provided that the adjustments do not
eliminate or substantially relocate the areas described in Section Al of this proffer
statement.
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.
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
Grecnway Engineering November 25, 2008; Revised January 6, 2009
Revised January 27, 2009; Revised February 16, 2009;
Revised February 19, 2009; Revised March 2, 2009; March 13, 2009; March 30, 2009
to provide a maximum of two commercial entrances on Spinning Wheel Lane to
provide access to the CCRC.
C. B2, Business General District Area
1. The Applicant hereby proffers to prohibit the following land uses currently
allowed within the B2 District:
Truck Stops
Golf Driving Ranges
Outdoor Batting Cages
Model Home Sales
Self- Service Storage Facilities
Adult Retail Establishments
3
2. The Applicant hereby proffers to prohibit individual full service commercial
entrances to all allowed B2 District land uses that intersect Northwestern Pike
(U.S. Route 50 West) and Poorhouse Road (Route 654); however, right -in or
right -out only access to B2 District land uses that intersect Northwestem 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 except for 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) Section C(8) of the proffer statement.
4. The Applicant hereby proffers to establish street tree plantings along both sides of
Spinning Wheel Lane and Silver Lake Road throughout the limits of the B2
District property. All street trees shall be a minimum of two -inch caliper at time
of planting and spaced a maximum 40 feet on center. The street trees shall be
located between the back of curb and sidewalks and /or the asphalt bicycle and
pedestrian facility.
5. The Applicant hereby proffers to establish a linear passive open space area in the
general location identified on the proffered GDP, which will be enhanced with a
10 -foot asphalt trail system between Spinning Wheel Lane and Northwestern Pike
as specified in Section C(6) Section C(8) of the proffer statement.
File #49285 /Silver Lake LLC Rezoning
Greenway Engineering
November 25, 2008; Revised January 6, 2009.
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 1 Transportation 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 southem 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
File #49285 /Silver Lake LLC Rezoning
Revised January 27, 2009; Revised February 16, 2009;
Revised February 19, 2009; Revised March 2, 2009; March 13, 2009; March 30, 2009
Greenway Engineering November 25, 2008; Revised January 6, 2009;
Revised January 27, 2009; Revised February 16, 2009;
Revised February 19, 2009; Revised March 2, 2009; March 13, 2009; March 30, 2009
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:
i Building materials for all exterior walls and rooflines.
i Materials for all monument freestanding business signs. The materials for
the base of all monument freestanding business signs shall be consistent
throughout the B2 District.
Screening of all loading areas from adjoining properties external to the B2
District.
Screening of outdoor dumpster pad areas with building materials
consistent with the primary structure.
Common area maintenance agreements.
D. Transportation Enhancements
1. The Applicant has submitted a Traffic Impact Analysis (TIA), prepared by Patton,
Harris, Rust and Associates, dated November 25, 2008 for the 370.02+ acre
Property. The TIA identifies improvements to the regional transportation network
to account for background undeveloped projects and the Applicant's proposal
through four phases of development. The Applicant hereby proffers to design and
construct, or cause for the construction of improvements to the regional
transportation network as a phased development program that is described in this
section of the proffer statement. Additionally, the phased development program
is identified in illustrative form on the proffered GDP. It is recognized that the
phased transportation improvements proffered herein will be constructed as
described in this section; however, the exact location and limits of these
improvements will be determined by VDOT and /or Frederick County during the
approval of engineering design plans. It is further recognized that the location of
the regional transportation network improvements identified in illustrative form
on the proffered GDP are general in nature and may be relocated to accommodate
VDOT engineering design plan approval without the need for conditional zoning
amendment to the GDP or the proffer statement.
2. The Applicant hereby proffers the following Phase 1 Transportation Program:
a. The Applicant shall be entitled to develop the CCRC and a maximum of
180,000 square feet of commercial land use within Phase 1. However, the
Applicant can deviate from this land use mix assuming the total trip
generation for site plans within this phase of the transportation program
(based on the ITE 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 #49285 /Silver Lake LLC Rezoning
Greenway Engineering
File #4928SiSilver 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; March 13, 2009; March 30, 2009
6
any Site Plan that exceeds 180,000 square feet of commercial land use or
equivalent trip generation as noted above on the B2 portion of the
Property.
b. The Applicant shall dedicate all right -of -way necessary for the Phase 1
improvements that will occur on the Property to VDOT or Frederick
County. The Applicant will attempt to design all off -site improvements
within public right -of -way; however, if necessary it is recognized that
VDOT and /or Frederick County will assist the Applicant with right -of-
way necessary to implement proffered off -site transportation
improvements. The Applicant agrees to assume all costs associated with
right -of -way acquisition if assistance from VDOT and /or Frederick
County is required.
c. The Applicant shall execute, or cause for the execution of a traffic
signalization agreement with VDOT to fully fund new traffic signalization
at the intersection of Northwestern Pike (U.S. Route 50) and Poor House
Road (Route 654). The traffic signalization agreement shall be executed
within six months of final non appealable rezoning approval, or prior to
approval of the first Site Plan for the property, whichever occurs first.
d. The Applicant shall design and construct. or cause for the execution of a
traffic signalization agreement with VDOT to fully fund new traffic
signalization with pedestrian actualization at the intersection of
Northwestern Pike (U.S. Route 50) and the relocated Spinning Wheel
Lane. The traffic signalization agreement shall be executed within one
year of final non appealable rezoning approval, or prior to approval of the
first Site Plan for the property, whichever occurs first. The Applicant shall
reserve the right to preempt this agreement by initiating a signal warrant
study and signal design plans in accordance with VDOT standards for
approval to install traffic signalization at this intersection.
e. The Applicant shall design and construct, or cause for the construction of
improvements to the median crossing including a westbound right turn
lane and left turn lane and an eastbound left turn lane on Northwestern
Pike at the intersection of the relocated Spinning Wheel Lane. These
improvements shall be completed prior to the issuance of the first
occupancy permit for the land use utilizing Spinning Wheel Lane for
access to Northwestern Pike.
f. The Applicant shall design and construct, or cause for the construction of
improvements to Spinning Wheel Lane within the Property to provide for
a road section that is constructed to a 40 mph geometric design standard
and provides right -of -way for a future roundabout at the intersection with
Silver Lake Road, and left turn lanes and right turn lanes at all internal
collector street intersections and at commercial entrances as required by
Greenway Engineering
g.
File #4928SiSilver 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; March 13, 2009; March 30, 2009
7
VDOT. Additionally, the Applicant shall design and construct, or cause
for the construction of separate right and left turn lanes on Spinning Wheel
Lane at the intersection of Northwestern Pike.
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
File #4928SiSilver 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; March 13, 2009; March 30, 2009
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.
3. The Applicant hereby proffers the following Phase 2 Transportation Program:
8
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. In the event the County does not
request the land for the new fire and rescue facility, the additional
funding for traffic signal pre emption control shall be made available
for pre emption control for the traffic signal at the intersection of
Northwestern Pike and Poor House Road that is described in Section
Greenway Engineering
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).
File #4928SiSilver 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; March 13, 2009; March 30, 2009
9
D(2)(c) of the proffer statement. The Applicant shall reserve the right to
preempt this agreement by initiating a signal warrant study and signal
design plans in accordance with VDOT standards for approval to install
traffic signalization at this intersection.
Greenway Engineering November 25, 2008; Revised January 6, 2009;
Revised January 27, 2009; Revised February 16, 2009;
Revised February 19, 2009; Revised March 2, 2009; March 13, 2009; March 30, 2009
g.
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
complete these improvements in conjunction with construction activities
associated with Silver Lake Road as described in Section D(3)(d) of the
proffer statement.
h. The Applicant shall design and construct, or cause for the construction of
improvements at the Route 37 interchange with Northwestern Pike to
provide for a third westbound thru lane on Northwestern Pike under the
Route 37 bridge structure continuing east to the transition for the Route
37 northbound on -ramp, to include the relocation of the existing Route
37 northbound on -ramp. The Applicant shall complete the Route 37
interchange improvements described in this section prior to the approval
of any Site Plan that exceeds 350,000 square feet of commercial land use
and 105,000 square feet of office land use or equivalent trip generation as
described in Section D(3)(a) of the proffer statement on the B2 portion of
the Property.
i. In the event that VDOT and Frederick County determine that a monetary
contribution for regional transportation improvements to the Route 37
corridor between the Northwestern Pike interchange and the North
Frederick Pike interchange is desired, the Applicant agrees to provide a
monetary contribution in lieu of the improvements described in Section
3(g) and 3(h). This monetary contribution shall be equivalent to the
amount associated with the improvement described in those sections based
upon an engineering estimate agreed upon by VDOT, Frederick County
and the Applicant that will be prepared on or before the build out of the
Phase 2 transportation improvements. The Applicant agrees to provide
this monetary contribution to Frederick County within 30 days of written
request by the County, and further agrees to allow for this monetary
contribution to be utilized as matching funds by Frederick County for
qualifying transportation improvements programs or grants.
File #4928S/Silver Lake LLC Rezoning
10
The Applicant shall design and construct, or cause for the construction of
improvements to the northbound off ramp at the Route 37 interchange
with Northwestern Pike to provide for a second right turn. The Applicant
shall complete the Route 37 interchange improvements described in this
section prior to the approval of any Site Plan that exceeds 350,000 square
feet of commercial land use and 105,000 square feet of office land use or
equivalent trip generation as described in Section D(3)(a) of the proffer
statement on the B2 portion of the Property.
Greenway Engineering
November 25, 2008; Revised January 6, 2009
Revised January 27, 2009; Revised February 16, 2009:
Revised February 19, 2009; Revised March 2, 2009; March 13, 2009: March 30, 2009
4. The Applicant hereby proffers the following Phase 3 Transportation Program:
File #4928SiSilver Lake LLC Rezoning
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.
a. The Applicant shall be entitled to develop the CCRC and a maximum of
490,000 square feet of commercial land use and 350,000 square feet of
office land use within Phase 3 that is a cumulative total of Phase 1 Phase
3. However, the Applicant can deviate from this land use mix assuming
the total trip generation for site plans within this phase of the
transportation program (based on the ITE 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 land use and 350,000
square feet of office land use or equivalent trip generation as described in
Section D(4)(a) of the proffer statement on the B2 portion of the Property.
d. The Applicant shall design and construct, or cause for the construction of
a two -lane urban road that is constructed to a 40 mph geometric design
Greenway Engineering
November 25, 2008; Revised January 6, 2009;
Revised January 27, 2009; Revised February 16, 2009;
Revised February 19, 2009; Revised March 2, 2009; March 13, 2009; March 30, 2009
5. The Applicant hereby proffers the following Phase 4 Transportation Program:
File #4928S/Silver Lake LLC Rezoning
12
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,
or cause for the construction of the two -lane urban road connection
between Spinning Wheel Lane and Poor House Road on the Property.
The general location of the two -lane road connection associated with both
options will be provided on the proffered GDP; however, it is recognized
that this location may shift without the need for conditional rezoning
approval. The Applicant shall complete this improvement prior to the
approval of any Site Plan that exceeds 490,000 square feet of commercial
land use and 350,000 square feet of office land use or equivalent trip
generation as described in Section 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 cumulative total of Phase 1 Phase
4. However, the Applicant can deviate from this land use mix assuming
the total trip generation for site plans within this phase of the
transportation program (based on the ITE 7th Edition Trip Generation
Report) do not exceed the total trip generation specified in the November
25, 2008 Traffic Impact Analysis Report for Phase 4. It is recognized that
the Applicant shall complete all Phase 4 transportation improvements
prior to the approval of any Site Plan that exceeds 530,000 square feet of
commercial land use and 440,000 square feet of office land use or
equivalent trip generation as noted above on the B2 portion of the
Property. In the event that the Applicant would desire to develop
commercial or office land uses that exceed the maximum square feet or
total trip generation specified in this phase of the transportation program, a
new traffic impact analysis report shall be prepared with each site plan to
determine any additional transportation improvements required to mitigate
the impacts created solely by that project, which will be implemented as a
condition of site plan approval.
b. The Applicant shall dedicate all right -of -way necessary for the Phase 4
improvements that will occur on the Property to VDOT or Frederick
County. The Applicant will attempt to design all off -site improvements
within public right -of -way; however, if necessary it is recognized that
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; March 13, 2009; March 30, 2009
13
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
on Silver Lake Road at the intersection of Northwestern Pike. These
improvements shall be completed prior to the approval of any Site Plan
that exceeds 530,000 square feet of commercial land use and 440,000
square feet of office land use or equivalent trip generation as described in
Section D(5)(a) of the proffer statement on the B2 portion of the Property.
d. The Applicant shall design and construct, or cause for the construction of
improvements to provide for a third westbound thru lane on Northwestern
Pike from the eastern boundary of the Property to Spinning Wheel Lane.
Additionally, the Applicant shall be responsible for the relocation,
construction, and right -of -way dedication (if necessary) of the existing
right turn lanes on Northwestern Pike at the Spinning Wheel Lane and
Silver Lake Road intersections. The Applicant shall complete these
improvements prior to the approval of any Site Plan that exceeds 530,000
square feet of commercial land use and 440,000 square feet of office land
use or equivalent trip generation as described in Section D(5)(a) of the
proffer statement on the B2 portion of the Property.
6. The Applicant hereby proffers to conduct annual traffic counts that will be
provided to VDOT and Frederick County to determine if the 8,000 ADT volume
is achieved to require the expansion of Spinning Wheel Lane and Silver Lake
Road to four -lane urban road sections, as provided for in Sections 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.
Greenway Engineering
E. Fire and Rescue Enhancements
1. The Applicant hereby proffers to provide, or cause for the provision of land to
Frederick County for the development of a new fire and rescue station and
support facilities within five years from the date of final non appealable rezoning
approval. The Applicant shall dedicate a site fronting on Silver Lake Road that is
located near the intersection of Northwestern Pike, which is a minimum of three
acres and a maximum of four acres in size, with the final size of this site being
determined upon approval of the Site Plan for the new fire and rescue station
facility. The Applicant shall prepare and provide Frederick County with the
dedication plat for this site and necessary right -of -way along Northwestern Pike
and Silver Lake Road within five years from the date of final non appealable
rezoning approval provided that a Site Plan has been approved for the new fire
and rescue station. Additionally, if Frederick County does not commence
construction of a new fire and rescue station within one year following the
dedication of the site, this land shall be conveyed back to the Applicant to allow
for further economic development. In the event Frederick County elects not to
develop this site as a new fire and rescue station, the Applicant shall provide a
monetary contribution to Frederick County in the amount of $100,000.00 for the
development of a new fire and rescue station or for the expansion of an existing
fire and rescue station at another location.
2. The Applicant hereby proffers to provide, or cause for the provision of a monetary
contribution to Frederick County in the amount of $1,000,000.00 for the
development of a new fire and rescue station or for the expansion of an existing
fire and rescue station. This monetary proffer is intended to mitigate impacts to
fire and rescue services associated with the development of the CCRC on the MS
District portion of the Property. The $1,000,000.00 monetary contribution shall
be provided to Frederick County within five years from the date of final non
appealable rezoning approval to assist with the development of the new fire and
rescue station or for the expansion of an existing fire and rescue station.
However, the date for the $1,000,000.00 monetary contribution payment may be
extended if a Site Plan for a new fire and rescue station or for the expansion of an
existing fire and rescue station has not been approved within five years from the
date of final non appealable rezoning approval. If the latter occurs, the
$1,000,000.00 monetary contribution shall be provided to Frederick County
within 30 days of the date of final Site Plan approval for the new fire and rescue
station or for the expansion of an existing fire and rescue station.
3. The Applicant hereby proffers to design and construct, or cause for the
construction of all necessary road improvements at the Northwestern Pike
intersection with Silver Lake Road and on Silver Lake Road to provide access to
the new fire and rescue station, as well as all utilities necessary for the new fire
and rescue station located on the Property. These infrastructure improvements
shall be provided by the Applicant in advance of the Phase 1 or Phase 2
transportation program improvements to facilitate the construction of the new fire
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; March 13, 2009; March 30, 2009
14
Grcenway Engineering
F. Signatures
Respectfully Submitted:
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; March 13, 2009; March 30, 2009
15
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.
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.
By: Date:
Commonwealth of Virginia,
City /County of To Wit:
The foregoing instrument was acknowledged before me this day of
20 by
My Commission Expires
Notary Public
G'eenway Engineering
REZONING:
PROPERTY:
RECORD OWNER:
APPLICANT:
PROJECT NAME:
ORIGINAL DATE
OF PROFFERS:
REVISION DATE:
Preliminary Matters
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; March 13, 2009
SILVER LAKE, LLC
PROFFER STATEMENT
RZ #O -o
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)) -50A, 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 13, 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 0 1-01 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).
Greenway Engineering
November 25, 2008; Revised January 6, 2009
Revised January 27, 2009; Revised February 16, 2009;
Revised February 19, 2009; Revised March 2, 2009; March 13, 2009
A. Generalized Development Plan
B. MS, Medical Support District Area
File #4928S/Silver Lake LLC Rezoning
PROFFER STATEMENT
2
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.
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
Greenway Engineering
November 25, 2008; Revised January 6, 2009;
Revised January 27, 2009; Revised February 16, 2009;
Revised February 19, 2009; Revised March 2, 2009; March 13, 2009
3
to provide a maximum of two commercial entrances on Spinning Wheel Lane to
provide access to the CCRC.
C. B2, Business General District Area
1. The Applicant hereby proffers to prohibit the following land uses currently
allowed within the B2 District:
Truck Stops
Golf Driving Ranges
Outdoor Batting Cages
Model Home Sales
Self Service Storage Facilities
Adult Retail Establishments
2. The Applicant hereby proffers to prohibit individual full service commercial
entrances to all allowed B2 District land uses that intersect Northwestern Pike
(U.S. Route 50 West) and Poorhouse Road (Route 654); however, right -in or
right -out only access to B2 District land uses that intersect Northwestern Pike
shall be permitted if approved by VDOT and/or Frederick County.
3. The Applicant hereby proffers to establish a green strip along the Property
frontage adjacent to the Northwestem 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.
File #49285 /Silver Lake LLC Rezoning
Grecnway Engineering
November 25, 2008; Revised January 6, 2009;
Revised January 27, 2009; Revised February 16, 2009;
Revised February 19, 2009; Revised March 2, 2009; March 13, 2009
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 l0 -foot asphalt trail located along the south side of the Phase 1
segment of Spinning Wheel Lane shall be developed during the
construction of this road segment as specified in Section D(2)(f) of the
proffer statement.
The 10 -foot asphalt trail located along the south side of the Phase 2
segment of Spinning Wheel Lane shall be developed during the
construction of this road segment as specified in Section D(3)(e) of the
proffer statement.
The 10 -foot asphalt trail located along the passive open space area shall be
developed on or before the completion of the commercial development
permitted under the Phase 1Transportation Program as specified in Section
D(2)(a) of the proffer statement.
The 10 -foot asphalt trail located along the southern boundary of the
Property identified as Area 1 on the GDP shall be developed during the
construction of the Phase 1 segment of Spinning Wheel Lane as specified
in Section D(2)(f) of the proffer statement.
The 10 -foot asphalt trail located along the southern boundary of the
Property identified as Area 2 on the GDP shall be developed prior to the
issuance of the occupancy permit issued for the first commercial building
permit located in the land bay between Spinning Wheel Lane and Silver
Lake Road.
The 10 -foot asphalt trail located along the southern boundary of the
Property identified as Area 3 on the GDP shall be developed prior to the
issuance of the occupancy permit issued for the first commercial building
permit located in the land bay between Silver Lake Road and the eastern
boundary of the Property.
9. The Applicant hereby proffers to establish an Architectural Review Board (ARB)
for the purpose of reviewing structural elevations, site landscaping and signage
for all commercial sites to ensure compatibility with the restrictive covenant
documents for the B2 District property. The restrictive covenant documents shall
be provided to Frederick County prior to the subdivision of land within the B2
File #4928S /Silver Lake LLC Rezoning
Greenway Engineering
D. Transportation Enhancements
2. The Applicant hereby proffers the following Phase 1 Transportation Program:
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; March 13, 2009
5
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.
1. The Applicant has submitted a Traffic Impact Analysis (TIA), prepared by Patton,
Harris, Rust and Associates, dated November 25, 2008 for the 370.02± acre
Property. The TIA identifies improvements to the regional transportation network
to account for background undeveloped projects and the Applicant's proposal
through four phases of development. The Applicant hereby proffers to design and
construct, or cause for the construction of improvements to the regional
transportation network as a phased development program that is described in this
section of the proffer statement. Additionally, the phased development program
is identified in illustrative form on the proffered GDP. It is recognized that the
phased transportation improvements proffered herein will be constructed as
described in this section; however, the exact location and limits of these
improvements will be determined by VDOT and/or Frederick County during the
approval of engineering design plans. It is further recognized that the location of
the regional transportation network improvements identified in illustrative form
on the proffered GDP are general in nature and may be relocated to accommodate
VDOT engineering design plan approval without the need for conditional zoning
amendment to the GDP or the proffer statement.
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
Greenway Engineering
November 25, 2008; Revised January 6, 2009;
Revised January 27, 2009; Revised February 16, 2009;
Revised February 19, 2009; Revised March 2, 2009; March 13, 2009
6
any Site Plan that exceeds 180,000 square feet of commercial land use or
equivalent trip generation as noted above on the B2 portion of the
Property.
b. The Applicant shall dedicate all right -of -way necessary for the Phase 1
improvements that will occur on the Property to VDOT or Frederick
County. The Applicant will attempt to design all off -site improvements
within public right -of -way; however, if necessary it is recognized that
VDOT and /or Frederick County will assist the Applicant with right -of-
way necessary to implement proffered off -site transportation
improvements. The Applicant agrees to assume all costs associated with
right -of -way acquisition if assistance from VDOT and /or Frederick
County is required.
c. The Applicant shall execute, or cause for the execution of a traffic
signalization agreement with VDOT to fully fund new traffic signalization
at the intersection of Northwestern Pike (U.S. Route 50) and Poor House
Road (Route 654). The traffic signalization agreement shall be executed
within six months of final non appealable rezoning approval, or prior to
approval of the first Site Plan for the property, whichever occurs first.
d. The Applicant shall design and construct, or cause for the execution of a
traffic signalization agreement with VDOT to fully fund new traffic
signalization with pedestrian actualization at the intersection of
Northwestern Pike (U.S. Route 50) and the relocated Spinning Wheel
Lane. The traffic signalization agreement shall be executed within one
year of final non appealable rezoning approval, or prior to approval of the
first Site Plan for the property, whichever occurs first. The Applicant shall
reserve the right to preempt this agreement by initiating a signal warrant
study and signal design plans in accordance with VDOT standards for
approval to install traffic signalization at this intersection.
e. The Applicant shall design and construct, or cause for the construction of
improvements to the median crossing including a westbound right turn
lane and left turn lane and an eastbound left turn lane on Northwestern
Pike at the intersection of the relocated Spinning Wheel Lane. These
improvements shall be completed prior to the issuance of the first
occupancy permit for the land use utilizing Spinning Wheel Lane for
access to Northwestern Pike.
f. The Applicant shall design and construct, or cause for the construction of
improvements to Spinning Wheel Lane within the Property to provide for
a road section that is constructed to a 40 mph geometric design standard
and provides right -of -way for a future roundabout at the intersection with
Silver Lake Road, and left tum lanes and right turn lanes at all internal
collector street intersections and at commercial entrances as required by
File #4928S /Silver Lake LLC Rezoning
Green ay Engineering
g.
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; March 13, 2009
7
VDOT. Additionally, the Applicant shall design and construct, or cause
for the construction of separate right and left turn lanes on Spinning Wheel
Lane at the intersection of Northwestern Pike.
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; March 13, 2009
8
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.
3. The Applicant hereby proffers the following Phase 2 Transportation Program:
a. The Applicant shall be entitled to develop the CCRC and a maximum of
350,000 square feet of commercial land use and 105,000 square feet of
office land use within Phase 2 that is a cumulative total of Phase 1 Phase
2. However, the Applicant can deviate from this land use mix assuming
the total trip generation for site plans within this phase of the
transportation program (based on the ITE 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.
File #49285 /Silver Lake LLC Rezoning
Greenway Engineering
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
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; March 13, 2009
9
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; March 13, 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.
The Applicant shall design and construct, or cause for the construction of
improvements to the northbound off ramp at the Route 37 interchange
with Northwestern Pike to provide for a second right turn. The Applicant
shall complete the Route 37 interchange improvements described in this
section prior to the approval of any Site Plan that exceeds 350,000 square
feet of commercial land use and 105,000 square feet of office land use or
equivalent trip generation as described in Section D(3)(a) of the proffer
statement on the B2 portion of the Property.
h. The Applicant shall design and construct, or cause for the construction of
improvements at the Route 37 interchange with Northwestern Pike to
provide for a third westbound thru lane on Northwestern Pike under the
Route 37 bridge structure. The Applicant shall complete the Route 37
interchange improvements described in this section prior to the approval
of any Site Plan that exceeds 350,000 square feet of commercial land use
and 105,000 square feet of office land use or equivalent trip generation as
described in Section D(3)(a) of the proffer statement on the B2 portion of
the Property.
i. In the event that VDOT and Frederick County determine that a monetary
contribution for regional transportation improvements to the Route 37
corridor between the Northwestern Pike interchange and the North
Frederick Pike interchange is desired, the Applicant agrees to provide a
monetary contribution in lieu of the improvements described in Section
3(g) and 3(h). This monetary contribution shall be equivalent to the
amount associated with the improvement described in those sections based
upon an engineering estimate agreed upon by VDOT, Frederick County
and the Applicant that will be prepared on or before the build out of the
Phase 2 transportation improvements. The Applicant agrees to provide
this monetary contribution to Frederick County within 30 days of written
request by the County, and further agrees to allow for this monetary
contribution to be utilized as matching funds by Frederick County for
qualifying transportation improvements programs or grants.
In the event that regional transportation improvements to the Route 37
corridor between the Northwestern Pike interchange are constructed prior
to the completion of the Phase 2 Transportation Program, the Applicant
agrees to provide a monetary contribution equivalent to the amount
associated with the improvement described in this section to be utilized
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
November 25, 2008; Revised January 6, 200
Revised January 27, 2009; Revised February 16, 2009;
Revised February 19, 2009; Revised March 2, 2009; March 13, 2009
4. The Applicant hereby proffers the following Phase 3 Transportation Program:
File #4928S /Silver Lake LLC Rezoning
a. The Applicant shall be entitled to develop the CCRC and a maximum of
490,000 square feet of commercial land use and 350,000 square feet of
office land use within Phase 3 that is a cumulative total of Phase 1 Phase
3. However, the Applicant can deviate from this land use mix assuming
the total trip generation for site plans within this phase of the
transportation program (based on the ITE 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 land use and 350,000
square feet of office land use or equivalent trip generation as described in
Section D(4)(a) of the proffer statement on the B2 portion of the Property.
d. The Applicant shall design and construct, or cause for the construction of
a two -lane urban road that is constructed to a 40 mph geometric design
standard and provides for roundabout design at the intersection with
Spinning Wheel Lane, and left turn lanes and right turn lanes at all
commercial entrances as required by VDOT, which will provide for a
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,
Greenway Engineering
November 25, 2008; Revised January 6. 2009;
Revised January 27, 2009; Revised February 16, 2009;
Revised February 19, 2009; Revised March 2, 2009; March 13, 2009
or cause for the construction of the two -lane urban road connection
between Spinning Wheel Lane and Poor House Road on the Property.
The general location of the two -lane road connection associated with both
options will be provided on the proffered GDP; however, it is recognized
that this location may shift without the need for conditional rezoning
approval. The Applicant shall complete this improvement prior to the
approval of any Site Plan that exceeds 490,000 square feet of commercial
land use and 350,000 square feet of office land use or equivalent trip
generation as described in Section D(4)(a) of the proffer statement on the
B2 portion of the Property.
5. The Applicant hereby proffers the following Phase 4 Transportation Program:
a. The Applicant shall be entitled to develop the CCRC and a maximum of
583,050 square feet of commercial land use and 494,600 square feet of
office land use within Phase 4 that is a cumulative total of Phase 1 Phase
4. However, the Applicant can deviate from this land use mix assuming
the total trip generation for site plans within this phase of the
transportation program (based on the ITE 7 Edition Trip Generation
Report) do not exceed the total trip generation specified in the November
25, 2008 Traffic Impact Analysis Report for Phase 4. It is recognized that
the Applicant shall complete all Phase 4 transportation improvements
prior to the approval of any Site Plan that exceeds 530,000 square feet of
commercial land use and 440,000 square feet of office land use or
equivalent trip generation as noted above on the B2 portion of the
Property. In the event that the Applicant would desire to develop
commercial or office land uses that exceed the maximum square feet or
total trip generation specified in this phase of the transportation program, a
new traffic impact analysis report shall be prepared with each site plan to
determine any additional transportation improvements required to mitigate
the impacts created solely by that project, which will be implemented as a
condition of site plan approval.
b. The Applicant shall dedicate all right -of -way necessary for the Phase 4
improvements that will occur on the Property to VDOT or Frederick
County. The Applicant will attempt to design all off -site improvements
within public right -of -way; however, if necessary it is recognized that
VDOT and/or Frederick County will assist the Applicant with right -of-
way necessary to implement proffered off -site transportation
improvements. The Applicant agrees to assume all costs associated with
right -of -way acquisition if assistance from VDOT and/or Frederick
County is required.
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
File #4928S/Silver Lake LLC Rezoning
12
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; March 13, 2009
13
on Silver Lake Road at the intersection of Northwestern Pike. These
improvements shall be completed prior to the approval of any Site Plan
that exceeds 530,000 square feet of commercial land use and 440,000
square feet of office land use or equivalent trip generation as described in
Section D(5)(a) of the proffer statement on the B2 portion of the Property.
d. The Applicant shall design and construct, or cause for the construction of
improvements to provide for a third westbound thru lane on Northwestern
Pike from the eastern boundary of the Property to Spinning Wheel Lane.
Additionally, the Applicant shall be responsible for the relocation,
construction, and right -of -way dedication (if necessary) of the existing
right turn lanes on Northwestern Pike at the Spinning Wheel Lane and
Silver Lake Road intersections. The Applicant shall complete these
improvements prior to the approval of any Site Plan that exceeds 530,000
square feet of commercial land use and 440,000 square feet of office land
use or equivalent trip generation as described in Section D(5)(a) of the
proffer statement on the B2 portion of the Property.
6. The Applicant hereby proffers to conduct annual traffic counts that will be
provided to VDOT and Frederick County to determine if the 8,000 ADT volume
is achieved to require the expansion of Spinning Wheel Lane and Silver Lake
Road to four -lane urban road sections, as provided for in Sections 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 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, with the final size of this site being
Greenway Engineering
determined upon approval of the Site Plan for the new fire and rescue station
facility. The Applicant shall prepare and provide Frederick County with the
dedication plat for this site and necessary right -of -way along Northwestem Pike
and Silver Lake Road within five years from the date of final non appealable
rezoning approval provided that a Site Plan has been approved for the new fire
and rescue station. Additionally, if Frederick County does not commence
construction of a new fire and rescue station within one year following the
dedication of the site, this land shall be conveyed back to the Applicant to allow
for further economic development. In the event Frederick County elects not to
develop this site as a new fire and rescue station, the Applicant shall provide a
monetary contribution to Frederick County in the amount of $100,000.00 for the
development of a new fire and rescue station or for the expansion of an existing
fire and rescue station at another location.
2. The Applicant hereby proffers to provide, or cause for the provision of a monetary
contribution to Frederick County in the amount of $1,000,000.00 for the
development of a new fire and rescue station or for the expansion of an existing
fire and rescue station. This monetary proffer is intended to mitigate impacts to
fire and rescue services associated with the development of the CCRC on the MS
District portion of the Property. The $1,000,000.00 monetary contribution shall
be provided to Frederick County within five years from the date of final non-
appealable rezoning approval to assist with the development of the new fire and
rescue station or for the expansion of an existing fire and rescue station.
However, the date for the $1,000,000.00 monetary contribution payment may be
extended if a Site Plan for a new fire and rescue station or for the expansion of an
existing fire and rescue station has not been approved within five years from the
date of final non appealable rezoning approval. If the latter occurs, the
$1,000,000.00 monetary contribution shall be provided to Frederick County
within 30 days of the date of final Site flan approval for the new fire and rescue
station or for the expansion of an existing fire and rescue station.
3. The Applicant hereby proffers to design and construct, or cause for the
construction of all necessary road improvements at the Northwestern Pike
intersection with Silver Lake Road and on Silver Lake Road to provide access to
the new fire and rescue station, as well as all utilities necessary for the new fire
and rescue station located on the Property. These infrastructure improvements
shall be provided by the Applicant in advance of the Phase 1 or Phase 2
transportation program improvements to facilitate the construction of the new fire
and rescue station should this occur in advance of the commercial development
within these transportation phases. The Applicant shall work with Frederick
County, upon notice by the County, to ensure that the design, bonding and
construction of these infrastructure improvements is coordinated during the
preparation of the Site Plan for the new fire and rescue station on the Property.
File #4928S /Silver Lake LLC Rezoning
November 25, 2008; Revised January 6, 2009
Revised January 27, 2009; Revised February 16, 2009;
Revised February 19, 2009; Revised March 2, 2009; March 13, 2009
14
Greenway Engineering
F. Signatures
The conditions proffered above shall be binding upon the heirs, executors, administrators,
assigns and successors in the interest of the Applicants and owners. In the event the
Frederick County Board of Supervisors grants this rezoning and accepts the conditions,
the proffered conditions shall apply to the land rezoned in addition to other requirements
set forth in the Frederick County Code.
Respectfully Submitted:
By:
Commonwealth of Virginia,
C
The foregoing instrument was acknowledged before me this 13 of
20051 by J R. W i I Lies nT
My Commission Expires 2 251 IZ01Z
IRegisF1uu 1 4* 2 l0 (o
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; March 13, 2009
Date: 3//'3/() °l
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Telephone 540 662 -4185
FAX 540 -722 -9528
www.greenwayeng.com
Greenway Engineering
REZONING:
PROPERTY:
RECORD OWNER:
APPLICANT:
PROJECT NAME:
ORIGINAL DATE
OF PROFFERS:
REVISION DATE:
Preliminary Matters
File H492RS /Silver Lake LLC Rezoning
November 25, 2008: Revised January 6, 2009:
'Revised January 27, 2009; Revised February l6, 2009;
Revised February 19,2009; Revised March 2, 2009
SILVER LAKE, LLC
PROFFER STATEMENT
RZ
Rural Areas District CAA) to Business General District (B2) and
MS Medical Support District (MS)
370.02± acres;
Tax Parcels #52- ((A)) -C, 52- ((A)) -50, 52- ((A)) -50A, 52- ((A)) -52,
and 524(AD -63 (here -in after the "Property")
Silver Lake, LLC, James R. Wilkins, Ill, 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 Boa o f
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 524(_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).
Greenway Engineering
A. Generalized Development Pian
November 25, 2008; Revised January 6, 2009
Revised January 27, 2009; Revised February' 16, 2009;
Revised February 19, 2009; Revised March 2, 2009
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
PROFFER STATEM ENT
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 proffcrs 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 fiirther proffers
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to provide a maximum of two commercial entrances on Spinning Wheel Lane to
provide access to the CCRC.
C. B2, Business General District Area
1. The Applicant hereby proffers to prohibit the following land uses currently
allowed within the B2 District:
Truck Stops
Golf Driving Ranges
Outdoor Batting Cages
Model Home Sales
Self Service Storage Facilities
Adult Retail Establishments
November 25, 2008; Revised January 6, 2009;
Revised January 27, 2009; Revised February 16, 2009;
Revised February 19, 2009; Revised March 2, 2009
2. The Applicant hereby proffers to prohibit individual full service commercial
entrances to all allowed B2 District land uses that intersect Northwestern Pike
(U.S. Route 50 West) and Poorhouse Road (Route 654); however, right -in or
right -out only access to B2 District land uses that intersect Northwestem 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 arc 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. "f he 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.
File #49285 /Silver lake LLC Rezoning
Greenway Engineering
November 25, 2008; Revised January 6.2009;
Revised January 27, 2009; Revised February 16, 2009;
Revised February 19, 2009; Revised March 2, 2009
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 1 Transportation 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
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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 illustrative form
on the proffered GDP are general in nature and may be relocated to accommodate
VDOT engineering design plan approval without the need for conditional zoning
amendment to the GDP or the proffer statement.
2. The Applicant hereby proffers the following Phase 1 Transportation Program:
a. The Applicant shall be entitled to develop the CCRC and a maximum of
180,000 square feet of commercial land use within Phase 1. However, the
Applicant can deviate from this land use mix assuming the total trip
generation for site plans within this phase of the transportation program
(based on the 1TE 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 #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
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Greenway Engineering
P 6, 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 shall dedicate all right -of -way necessary for the Phase 1
improvements that will occur on the Property to VDOT or Frederick
County. The Applicant will attempt to design all off -site improvements
within public right -of -way; however, if necessary it is recognized that
VDOT and/or Frederick County will assist the Applicant with right -of-
way necessary to implement proffered off -site transportation
improvements. The Applicant agrees to assume all costs associated with
right -of -way acquisition if assistance from VDOT and /or Frederick
County is required.
c. The Applicant shall execute, or cause for the execution of a traffic
signalization agreement with VDOT to fully fund new traffic signalization
at the intersection of Northwestern Pike (U.S. Route 50) and Poor 1 -louse
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 thc
first Site Plan for the property, whichever occurs first. The Applicant shall
reserve the right to preempt this agreement by initiating a signal warrant
study and signal design plans in accordance with VDOT standards for
approval to install traffic signalization at this intersection.
e. The Applicant shall design and construct, or cause for the construction of
improvements to the median crossing including a westbound right turn
lane and left turn lane and an eastbound left turn lane on Northwestern
Pike at the intersection of the relocated Spinning Wheel Lane. These
improvements shall be completed prior to the issuance of thc 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
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g.
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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 Spinning 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
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
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.
3. The Applicant hereby proffers the following Phase 2 Transportation Program:
8
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
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).
E 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
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g.
File #49285 /Silver Lakc 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
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.
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 132 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(3)(a) of the proffer statement on the B2 portion of
the Property.
i. In the event that VDOT and Frederick County determine that a monetary
contribution for regional transportation improvements to the Route 37
corridor between the Northwestern Pike interchange and the North
Frederick Pike interchange is desired, the Applicant agrees to provide a
monetary contribution in lieu of the improvements described in Section
3(g) and 3(h). This monetary contribution shall be equivalent to the
amount associated with the improvement described in those sections based
upon an engineering estimate agreed upon by VDOT, Frederick County
and the Applicant that will be prepared on or before the build out of the
Phase 2 transportation improvements. The Applicant agrees to provide
this monetary contribution to Frederick County within 30 days of written
request by the County, and further agrees to allow for this monetary
contribution to be utilized as matching funds by Frederick County for
qualifying transportation improvements programs or grants.
In the event that regional transportation improvements to the Route 37
corridor between the Northwestern Pike interchange are constructed prior
to the completion of the Phase 2 Transportation Program, the Applicant
agrees to provide a monetary contribution equivalent to the amount
associated with the improvement described in this section to be utilized
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.
Grecnway Engineering
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f
November 25, 2008 Revised January 6, 2009;
Revised January 27, 2009; Revised February 16, 2009;
Revised February 19, 2009; Revised March 2, 2009
4. The Applicant hereby proffers the following Phase 3 Transportation Program:
11
a. The Applicant shall be entitled to develop the CCRC and a maximum of
490,000 square feet of commercial land use and 350,000 square feet of
office land use within Phase 3 that is a Cumulative total of Phase 1 Phase
3. However, the Applicant can deviate from this land use mix assuming
the total trip generation for site plans within this phase of the
transportation program (based on the ITE 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 land use and 350,000
square feet of office land use or equivalent trip generation as described in
Section D(4)(a) of the proffer statement on the B2 portion of the Property.
d The Applicant shall design and construct, or cause for the construction of
a two -lane urban road that is constructed to a 40 mph geometric design
standard and provides for roundabout design at the intersection with
Spinning Wheel Lane, and left turn lanes and right turn lanes at all
commercial entrances as required by VDOT, which will provide for a
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,
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November 25, 2008; Revised January 6, 2009;
Revised January 27, 2009; Revised February 16, 2009;
Revised February 19, 2009; Revised March 2, 2009
12
or cause for the construction of the two -lane urban road connection
between Spinning Wheel Lane and Poor louse 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.
5. The Applicant hereby proffers the following Phase 4 Transportation Program:
a. The Applicant shall be entitled to develop the CCRC and a maximum of
583,050 square feet of commercial land use and 494,600 square feet of
office land use within Phase 4 that is a cumulative total of Phase 1 Phase
4. However, the Applicant can deviate from this land use mix assuming
the total trip generation for site plans within this phase of the
transportation program (based on the ITE 7` Edition Trip Generation
Report) do not exceed the total trip generation specified in the November
25, 2008 Traffic Impact Analysis Report for Phase 4. It is recognized that
the Applicant shall complete all Phase 4 transportation improvements
prior to the approval of any Site Plan that exceeds 530,000 square feet of
commercial land use and 440,000 square feet of office land use or
equivalent trip generation as noted above on the B2 portion of the
Property. In the event that the Applicant would desire to develop
commercial or office land uses that exceed the maximum square feet or
total trip generation specified in this phase of the transportation program, a
new traffic impact analysis report shall be prepared with each site plan to
determine any additional transportation improvements required to mitigate
the impacts created solely by that project, which will be implemented as a
condition of site plan approval.
b. The Applicant shall dedicate all right -of -way necessary for the Phase 4
improvements that will occur on the Property to VDOT or Frederick
County. The Applicant will attempt to design all off-site improvements
within public right -of -way; however, if necessary it is recognized that
VDOT and/or Frederick County will assist the Applicant with right -ot-
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
E. Fire and Rescue Enhancements
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Revised January 27, 2009; Revised February 16, 2009;
Revised February 19, 2009; Revised March 2, 2009
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on Silver Lake Road at the intersection of Northwestern Pike. These
improvements shall be completed prior to the approval of any Site Plan
that exceeds 530,000 square feet of commercial land use and 440,000
square feet of office land use or equivalent trip generation as described in
Section D(5)(a) of the proffer statement on the B2 portion of the Property.
d. The Applicant shall design and construct, or cause for the construction of
improvements to provide for a third westbound thru lane on Northwestern
Pike from the eastern boundary of the Property to Spinning Wheel Lane.
Additionally, the Applicant shall be responsible for the relocation,
construction, and right -of -way dedication (if necessary) of the existing
right turn lanes on Northwestern Pike at the Spinning Wheel Lane and
Silver Lake Road intersections. The Applicant shall complete these
improvements prior to the approval of any Site Plan that exceeds 530,000
square feet of commercial land use and 440,000 square feet of office land
use or equivalent trip generation as described in Section D(5)(a) of the
proffer statement on the B2 portion of the Property.
6. The Applicant hereby proffers to conduct annual traffic counts that will be
provided to VDOT and Frederick County to determine if the 8,000 ADT volume
is achieved to require the expansion of Spinning Wheel Lane and Silver Lake
Road to four -lane urban road sections, as provided for in Sections D(2)(0,
D(3)(d), and D(3)(e) of the proffer statement. The annual traffic counts shall
begin in the tirst 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.
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 locates} near the intersection of Northwestern
Pike, which is a minimum of three acres and a maximum of four acres in size,
1 Greenway Engineering
November 25, 2008; Revised January 6, 2009;
Revised January 27, 2009; Revised February 1b, 2009;
Revised February 19, 2009; Revised March 2, 2009
14
with the final size of this site being determined upon approval of the Site Plan for
the new fire and rescue station facility. The Applicant shall prepare and provide
Frederick County with the dedication plat for this site and necessary right -of -way
along Northwestern Pike and Silver Lake Road within five years from the date of
final non appealable rezoning approval provided that a Site Plan has been
approved for the new fire and rescue station. Additionally, if Frederick County
does not commence construction of a new fire and rescue station within one year
following the dedication of the site, this land shall be conveyed back to the
Applicant to allow for further economic development. In the event Frederick
County elects not to develop this site as a new fire and rescue station, the
Applicant shall provide a monetary contribution to Frederick County in the
amount of $100,000.00 for the development of a new fire and rescue station
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 tire 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 lire
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 #49285 /Silver Lake LLC Rezoning
Greenway Engineering November 25, 2008; Revised January 6, 2009
Revised January 27, 2009; Revised February 16, 2009;
Revised February 19, 2009; Revised March 2, 2009
F. Signatures
The conditions proffered above shall be binding upon the heirs, executors, administrators,
assigns and successors in the interest of the Applicants and owners. In the event the
Frederick County Board of Supervisors grants this rezoning and accepts the conditions,
the proffered conditions shall apply to the land rezoned in addition to other requirements
set forth in the Frederick County Code.
Respectfully Submitted:
By:
Commonwealth of Virginia.
City /Gaily of
The foregoing instrument was acknowledged before me this 441c.day of
20 09 by
My Commission Expires 8 o20 /D
CINDY GROVE
NOTARY PUBLIC
Commonwealth of Virginia
Reg. #184054
File #49285 /Silver Lake LLC Rezoning
To VVit.
Date: 3 1 01
N ary Public
15
Greenway Engineering
APPLICANT:
PROJECT NAME:
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
SILVER LAKE, LLC
PROFFER STATEMENT
REZONING: RZ
Rural Areas District (RA) to Business General District (B2) and
MS Medical Support District (MS)
PROPERTY: 370.02± acres;
Tax Parcels #52- ((A)) -C, 52- ((A)) -50, 52- ((A)) -50A, 52- ((A)) -52,
and 52- ((A)) -63 (here -in after the "Property
RECORD OWNER: Silver Lake, LLC, James R. Wilkins, II1, Manager
Silver Lake, LLC (here -in after the "Applicant
Round Hill Commercial Center The Village at Orchard Ridge
A National Lutheran Home Community
ORIGINAL DATE
OF PROFFERS: November 25, 2008
REVISION DATE: February 19, 2009
Preliminary Matters
Pursuant to Section 15.2 -2296 Et. Seq. of the Code of Virginia, 1950, as amended, and
the provisions of the Frederick County Zoning Ordinance with respect to conditional
zoning, the undersigned Applicant hereby proffers that in the event the Board of
Supervisors of Frederick County, Virginia, shall approve Rezoning Application 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).
Greenway 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 February 16,
2889 February 19, 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)(1) of the proffer statement, and further
File #149285 /Silver Lake 111 Rezoning
November 25, 2008
Revised January 6, 2009; Revised January 27, 2009
Revised February 16, 2009; Revised February 19, 2009
PROFFER STATEMENT
2
November 25, 2008 3
Revised January 6, 2009; Revised January 27, 2009
Revised February 16, 2009; Revised February 19, 2009
proffers to provide a maximum of two commercial entrances on Spinning
Wheel Lane to provide access to the CCRC.
Greenway Engineering
C. B2, Business General District Area
1. The Applicant hereby proffers to prohibit the following land uses currently
allowed within the B2 District:
Truck Stops
Golf Driving Ranges
Outdoor Batting Cages
Model Home Sales
Self- Service Storage Facilities
Adult Retail Establishments
File #4928S/Silver Lake LLC Rezoning
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; however, right -in or right -out only access to B2 District
land uses 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 mininzum 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. in conjunction with the development f the
portion of the street trees and bicycle and pcdestri
issuance of the occupancy permit for the first building permit issued for that
pareel.
4. 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
1D -foot asphalt trail system between Spinning Wheel Lane and Northwestern Pike
as specified in Section C(6) of the proffer statement.
construct, or cause for the c nstruction of this trail system on or before the build
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
4
5. The Applicant hereby proffers to provide for inter parcel connectors between all
adjoining commercial and office land uses.
6. The Applicant hereby proffers to design and construct, or cause for the
construction of an asphalt bicycle and pedestrian facility that is ten feel 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.
i 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.
i The 10 foot asphalt trail located along the passive open space area shall
be developed on or before the completion of the commercial development
permitted under the Phase 1Transportation Program as specified in
Section D(2)(a) of the proffer statement.
The l0 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.
i 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.
i 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.
D. Transportation Enhancements
I. 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
Greenway Engineering
November 25, 2008
Revised January 6, 2009; Revised January 27, 2009
Revised February 16, 2009; Revised February 19, 2009
2. The Applicant hereby proffers the following Phase 1 Transportation Program:
File #4928S/Silver Lake LLC Rezoning
5
transportation network as a phased development program that is described in this
section of the proffer statement. Additionally, the phased development program
is identified in illustrative form on the proffered GDP. It is recognized that the
phased transportation improvements proffered herein will be constructed as
described in this section; however, the exact location and limits of these
improvements will be determined by VDOT and /or Frederick County during the
approval of engineering design plans. It is further recognized that the location of
the regional transportation network improvements identified in illustrative form
on the proffered GDP are general in nature and may be relocated to accommodate
VDOT engineering design plan approval without the need for conditional zoning
amendment to the GDP or the proffer statement.
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
any Site Plan that exceeds 180,000 square feet of commercial land use or
equivalent trip generation as noted above on the B2 portion of the
Property.
b. The Applicant shall dedicate all right -of -way necessary for the Phase 1
improvements that will occur on the Property to VDOT or Frederick
County. The Applicant will attempt to design all off -site improvements
within public right -of -way; however, if necessary it is recognized that
VDOT and /or Frederick County will assist the Applicant with right -of-
way necessary to implement proffered off -site transportation
improvements. The Applicant agrees to assume all costs associated with
right -of -way acquisition if assistance from VDOT and /or Frederick
County is required.
c. The Applicant shall execute, or cause for the execution of a traffic
signalization agreement with VDOT to fully fund new traffic signalization
with pre cmption control 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
Greenway Engineering
November 25, 2008
Revised January 6, 2009; Revised January 27, 2009
Revised February 16, 2009; Revised February 19, 2009
6
signalization with pedestrian actualization at the intersection of
Northwestern Pike (U.S. Route 50) and the relocated Spinning Wheel
Lane. The traffic signalization agreement shall be executed within one
year of final non appealable rezoning approval, or prior to approval of the
first Site Plan for the property, whichever occurs first. The Applicant shall
reserve the right to preempt this agreement by initiating a signal warrant
study and signal design plans in accordance with VDOT standards for
approval to install traffic signalization at this intersection.
e. The Applicant shall design and construct, or cause for the construction of
improvements to the median crossing including a westbound right turn
lane and left turn lane and an eastbound left turn lane on Northwestern
Pike at the intersection of the relocated Spinning Wheel Lane. These
improvements shall be completed prior to the issuance of the first
occupancy permit for the land use utilizing Spinning Wheel Lane for
access to Northwestern Pike.
f. The Applicant shall design and construct, or cause for the construction of
improvements to Spinning Wheel Lane within the Property to provide for
a road section that is constructed to a 40 mph geometric design standard
and provides right -of -way for a future roundabout at the intersection with
Silver Lake Road, and left turn lanes and right turn lanes at all internal
collector street intersections and at commercial entrances as required by
VDOT. Additionally, the Applicant shall design and construct, or cause
for the construction of separate right and left turn lanes on Spinning Wheel
Lane at the intersection of Northwestern Pike.
File #49285 /Silver Lake LLC Rezoning
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. Additionally, a
way paralleling Spinning Wheel Lane on the south side. 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
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
7
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
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.
3. The Applicant hereby proffers the following Phase 2 Transportation Program:
a. The Applicant shall be entitled to develop the CCRC and a maximum of
350,000 square feet of commercial land use and 105,000 square feet of
office land use within Phase 2 that is a cumulative total of Phase 1 Phase
2. However, the Applicant can deviate from this land use mix assuming
the total trip generation for site plans within this phase of the
transportation program (based on the ITE 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
Greenway Engineering
8
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
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 eruption 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.
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,
Greenway Engineering November 25, 2008 9
Revised January 6, 2009; Revised January 27, 2009
Revised February 16, 2009; Revised February 19, 2009
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 ]eft 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
complete these improvements in conjunction with construction activities
associated with Silver Lake Road as described in Section D(3)(d) of the
proffer statement.
The Applicant shall design and construct, or cause for the construction of
improvements to the northbound off ramp at the Route 37 interchange
with Northwestern Pike to provide for a second right turn. The Applicant
shall complete the Route 37 interchange improvements described in this
section prior to the approval of any Site Plan that exceeds 350,000 square
feet of commercial land use and 105,000 square feet of office land use or
equivalent trip generation as described in Section D(3)(a) of the proffer
statement on the B2 portion of the Property.
g•
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
File 1149285 /Silver Lake LLC Rezoning
Greenway Engineering November 25, 2008 10
Revised January 6, 2009; Revised January 27, 2009
Revised February 16, 2009; Revised February 19, 2009
and 105,000 square feet of office land use or equivalent trip generation as
described in Section D(3)(a) of the proffer statement on the B2 portion of
the Property.
i. In the event that VDOT and Frederick County determine that a monetary
contribution for regional transportation improvements to the Route 37
corridor between the Northwestern Pike interchange and the North
Frederick Pike interchange is desired, the Applicant agrees to provide a
monetary contribution in lieu of the improvements described in Section
3(g) and 3(h). This monetary contribution shall be equivalent to the
amount associated with the improvement described in those sections based
upon an engineering estimate agreed upon by VDOT, Frederick County
and the Applicant that will be prepared on or before the build out of the
Phase 2 transportation improvements. The Applicant agrees to provide
this monetary contribution to Frederick County within 30 days of written
request by the County, and further agrees to allow for this monetary
contribution to be utilized as matching funds by Frederick County for
qualifying transportation improvements programs or grants.
In the event that regional transportation improvements to the Route 37
corridor between the Northwestern Pike interchange are constructed prior
to the completion of the Phase 2 Transportation Program, the Applicant
agrees to provide a monetary contribution equivalent to the amount
associated with the improvement described in this section to be utilized
unconditionally by Frederick County for other transportation
improvements. This monetary contribution shall be provided to Frederick
County within 60 days of written request by the County.
4. The Applicant hereby proffers the following Phase 3 Transportation Program:
a. The Applicant shall be entitled to develop the CCRC and a maximum of
490,000 square feet of commercial land use and 350,000 square feet of
office land use within Phase 3 that is a cumulative total of Phase 1 Phase
3. However, the Applicant can deviate from this land use mix assuming
the total trip generation for site plans within this phase of the
transportation program (based on the ITE 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.
File 1t49285/Silver Lake LLC Rezoning
Greenway Engineering
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
b. The Applicant shall dedicate all right -of -way necessary for the Phase 3
improvements that will occur on the Property to VDOT or Frederick
County. The Applicant will attempt to design all off -site improvements
within public right -of -way; however, if necessary it is recognized that
VDOT and /or Frederick County will assist the Applicant with right -of-
way necessary to implement proffered off -site transportation
improvements. The Applicant agrees to assume all costs associated with
right -of -way acquisition if assistance from VDOT and /or Frederick
County is required.
c. The Applicant shall design and construct, or cause for the construction of
improvements to Spinning Wheel Lane to provide for a second right turn
lane on Spinning Wheel Lane at the intersection of Northwestern Pike.
These improvements shall be completed prior to the approval of any Site
Plan that exceeds 490,000 square feet of commercial land use and 350,000
square feet of office land use or equivalent trip generation as described in
Section D(4)(a) of the proffer statement on the B2 portion of the
Property.
d. The Applicant shall design and construct, or cause for the construction of
a two -lane urban road that is constructed to a 40 mph geometric design
standard and provides for roundabout design at the intersection with
Spinning Wheel Lane, and left turn lanes and right turn lanes at all
commercial entrances as required by VDOT, which will provide for a
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,
or cause for the construction of the two -lane urban road connection
between Spinning Wheel Lane and Poor House Road on the Property.
The general location of the two -lane road connection associated with both
options will be provided on the proffered GDP; however, it is recognized
that this location may shift without the need for conditional rezoning
approval. The Applicant shall complete this improvement prior to the
approval of any Site Plan that exceeds 490,000 square feet of commercial
land use and 350,000 square feet of office land use or equivalent trip
generation as described in Section D(4)(a) of the proffer statement on
the B2 portion of the Property.
5. The Applicant hereby proffers the following Phase 4 Transportation Program:
a. The Applicant shall be entitled to develop the CCRC and a maximum of
583,050 square feet of commercial land use and 494,600 square feet of
office land use within Phase 4 that is a cumulative total of Phase 1 Phase
Greenway Engineering
November 25, 2008
Revised January 6, 2009; Revised January 27, 2009
Revised February 16, 2009; Revised February 19, 2009
12
4. However, the Applicant can deviate from this land use mix assuming
the total trip generation for site plans within this phase of the
transportation program (based on the ITE 7 Edition Trip Generation
Report) do not exceed the total trip generation specified in the November
25, 2008 Traffic Impact Analysis Report for Phase 4. It is recognized that
the Applicant shall complete all Phase 4 transportation improvements
prior to the approval of any Site Plan that exceeds 530,000 square feet of
commercial land use and 440,000 square feet of office land use or
equivalent trip generation as noted above on the B2 portion of the
Property. In the event that the Applicant would desire to develop
commercial or office land uses that exceed the maximum square feet or
total trip generation specified in this phase of the transportation program, a
new traffic impact analysis report shall be prepared with each site plan to
determine any additional transportation improvements required to mitigate
the impacts of that development 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
on Silver Lake Road at the intersection of Northwestern Pike. These
improvements shall be completed prior to the approval of any Site Plan
that exceeds 530,000 square feet of commercial land use and 440,000
square feet of office land use or equivalent trip generation as described in
Section D(5)(a) of the proffer statement on the B2 portion of the
Property.
d. The Applicant shall design and construct, or cause for the construction of
improvements to provide for a third westbound thru lane on Northwestern
Pike from the eastern boundary of the Property to Spinning Wheel Lane.
Additionally, the Applicant shall be responsible for the relocation,
construction, and right -of -way dedication (if necessary) of the existing
right turn lanes on Northwestern Pike at the Spinning Wheel Lane and
Silver Lake Road intersections. The Applicant shall complete these
improvements prior to the approval of any Site Plan that exceeds 530,000
square feet of commercial land use and 440,000 square feet of office land
File 4149285 /Silver Lake LLC Rezoning
Greenway Engineering November 25, 2008 13
Revised January 6, 2009; Revised January 27, 2009
Revised February 16, 2009; Revised February 19, 2009
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, with the The final size of this site shall be being determined upon
approval of the Site Plan for the new fire and rescue station facility. The
Applicant shall prepare and provide Frederick County with the dedication plat for
this site and necessary right -of -way along Northwestem Pike and Silver Lake
Road within five years from the date of final non- appealable rezoning approval;
90 days of written notice of the County's in
however, the date for dedication of
this land may be extended beyond five years if the County has not approved a
Site Plan for the new fire and rescue station, or if the County has not
programmed funding necessary for the new fire and rescue station In the
event Frederick County elects not to develop this site as a new fire and rescue
station, the Applicant shall provide a monetary contribution to Frederick
County in the amount of $100,000.00 for the development of a new fire and
rescue station serving the Round Hill community at another location.
Additionally, if Frederick County elects not to develop this site as a new fire and
File #4928S /Silver Lake LLC Rezoning
Greenway Engineering
November 25, 2008
Revised January 6, 2009; Revised January 27, 2009
Revised February 16, 2009; Revised February 19, 2009
14
rescue station following dedication of the site, this land shall be conveyed to the
Applicant to allow for further economic development.
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 444928S /Silver Lake LLC Rezoning
Greenway Engineering
F. Signatures
The conditions proffered above shall be binding upon the heirs, executors, administrators,
assigns and successors in the interest of the Applicants and owners. In the event the
Frederick County Board of Supervisors grants this rezoning and accepts the conditions,
the proffered conditions shall apply to the land rezoned in addition to other requirements
set forth in the Frederick County Code.
Respectfully Submitted:
B Date:
Commonwealth of Virginia,
City /County of To Wit:
The foregoing instrument was acknowledged before me this day of
20 by
My Commission Expires
File #4928S /Silver Lake LLC Rezoning
November 25, 2008
Revised January 6, 2009; Revised January 27, 2009
Revised February 16, 2009; Revised February 19, 2009
Notary Public
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