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023-23 (RezoningDoverHillCrossingII) BOARD ACTION FOR DENIAL f -r "r ��+a�71vi Action: PLANNING COMMISSION: October 4, 2023 Recommended Approval BOARD OF SUPERVISORS: November 8, 2023 Denied ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #04-23 FOR DOVER HILI., CROSSING Il WHEREAS, REZONING #04-23 for Dover Hill Crossing 11 submitted to rezone approximately 4.75+/- acres fi-om RA (Rural Areas) Zoning District to the RP (Residential Performance) Zoning District to allow for the construction of 25 or more single-family attached (SFA)townhome units. The property is located at 2216 Senseny Road, Winchester, Virginia and is identified by Property Identification Number (PIN) 65-A-16 in the Red Bud Magisterial District; and WHEREAS,the Frederick County Planning Commission held a public hearing on this Rezoning on October 4, 2023, and recommended approval; and WHEREAS, the Frederick County Board of Supervisors held a public hearing on this Rezoning during their regular meeting on November 8, 2023; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this Rezoning to be in the best interest of the public health, safety, and welfare. 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 4.75+/- acres from RA (Rural Areas)Zoning District to the RP(Residential Performance)Zoning District with proffer statement bearing the signature date October 23,2023. The conditions voluntarily proffered in writing by the Applicant and the Property Owner-are attached. Motion to DENY Rezoning#04-23 carried this 8"'clay of November 2023 by the following recorded vote: Charles S. Dellaven, Jr., Chairman Aye Shawn L. Graber No Heather Lockridge No Robert W. Wells Aye Blaine P. Dunn Aye Josh Ludwig No Judith McCann-Slaughter Aye A COPY ATTEST Michael L. Bollhoefer Frederick County Ad istrator- Res# 023-23 �1GK r COQ REZONING APPLICATION #04-23 DOVER HILL CROSSING II (K, DONDERO) w Staff Report for the Board of Supervisors ® � Prepared: October 30,2023 „B�wr Staff Contacts: M. Tyler Klein, AICP, Senior Planner 1738 Reviewed Action Planning Commission: 10/04/23 Recommended Approval Board of Supervisors: 11/08/23 Pending EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 11/08/23 BOARD OF SUPERVISORS MEETING: This is an application to rezone approximately 4.75+/- acres from RA (Rural Areas) District to RP (Residential Performance) District with proffers to enable the development of 25 or more single-family attached(SFA,townhome)units.The subject property is in the Red Bud Magisterial District south of the signalized intersection of Senseny Road(Route 657) and Channing Drive. Staff notes the proposed rezoning does not include the"mix of uses"envisioned by the urban center land use designation in the Comprehensive Plan and the Senseny/Eastern Frederick Area Plan (SEFLUP). However, the proposed rezoning may otherwise be appropriate given the scale of the project and the relatively small size of the property in question. Furthermore,the ability of the project to be connected in the future to a larger, more integrated, and mixed-use development is possible. To that end,the rezoning accommodates the future collector roadway (Channing Drive extended) and multiuse trail, which may allow for future connectivity to the envisioned"urban center." The applicant has provided a proffer statement,dated October 18,2023,that addresses capital impacts to County services ($11,504 per unit, or $287,600 for the total project), necessary transportation improvements for the extension of Channing Drive and future site access to adjoining parcels.There are no outstanding review agency comments. Following a public hearing on October 4,2023,the Planning Commission unanimously recommended approval of the application by the Board of Supervisors. Following the required12ublic hearing, a decision regarding this rezoning application by the Board of.S'ugervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. Rezoning 904-23 Dover Hill Crossing II October 30, 2023 Page 2 This report has been prepared by the Frederick County Planning Staff to provide information to the Planninz Commission and the Board of Supervisors to assist them in makinz a decision on this application. It may also be useful to others interested in this zonin,-matter. Unresolved issues concernin,-this application are noted by staff where relevant throughout this staff report. PROPOSAL: To rezone 4.75 +/- acres from RA (Rural Areas)District to RP (Residential Performance) District with proffers to enable the development of 25 or more single-family attached(SFA,townhome) units. LOCATION: The subject property is located at 2216 Senseny Road, Winchester; immediately south of the signalized intersection of Senseny Road (Route 657) and Channing Drive. MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBERS: 65-A-16 PROPERTY ZONING: RA (Rural Areas) District PRESENT USE: Single-Family Detached Residence ADJOINING PROPERTY ZONING& PRESENT USE: North: RP (Residential Performance) Use: Open Space/Residential (Single-family detached) South: RA (Rural Areas) Use: Vacant East: RA (Rural Areas) Use: Vacant/Private Right-of-Way (ROW) West: RA (Rural Areas) Use: Vacant REVIEW EVALUATIONS: Planning & Zoning: 1) Comprehensive Plan The Comprehensive Plan is the guide for the future growth of Frederick County. The Comprehensive Plan is an official public document that serves as the community's guide for making decisions regarding development,preservation,public facilities and other key components of community life. The Plan is developed with the input of the public and adopted by the Board of Supervisors(lasted updated November 2021). The Plan is a vital tool that provides direction for future growth, aimed at ensuring orderly well-planned development to promote, preserve and protect the health, safety,general welfare, and quality of life for the citizens and businesses of Frederick County. Rezoning 904-23 Dover Hill Crossing II October 30, 2023 Page 3 The Area Plans in Appendix I of the Comprehensive Plan are the primary implementation tools and are instrumental to the future planning efforts of the County. Land Use Compatibility The Comprehensive Plan and the Senseny/Eastern Frederick-Area Plan(SEFLUP)provide guidance on the future development of the subject property. The Plan identifies the subject property with a"urban center" (Greenwood) land use designation and as being within the limits of the Sewer and Water Service Area (SWSA) and Urban Development Area (UDA). The "Greenwood Urban Center," as stated in the plan: "Provides an opportunity for a focal point for an area where most of the recent suburban residential development has occurred. The Greenwood Urban Center is envisioned to introduce a mix of uses into already developed areas in a way that builds the identity and enhances its livability. This urban center should embrace a traditional main-street feel, be pedestrian- friendly,ecologically sensitive,and architecturally distinctive,honor our region's local heritage and look to the future by promoting urban life in a dynamic new way. This lifestyle center should be defined by tree-lined boulevards and an inviting central park area oriented around the existing historic farmhouse and grounds. The residential densities in the core of this area are envisioned to be in the 12-16 units per acre range, tapering off to 6 units per acre on its perimeter. Anchored in all directions by existing and proposed schools and park areas, this urban center is tailored to be the future focal point of the Senseny Road and Greenwood Road area." Staff notes the proposed rezoning does not include the"mix of uses"envisioned by the urban center land use designation in the Comprehensive Plan. However,it may otherwise be appropriate given the scale of the proj ect and the relatively small size of the property in question. Furthermore,the ability of the project to be connected in the future to a larger,more integrated,and mixed-use development i s possible.The proposed rezoning is on the northeast corner of the plans designated urban center area and has a proposed density of 5.26 dwelling units/acre (25 units on 4.75-acres)which is consistent with the plans desired density along the perimeter of the Greenwood Urban Center.Finally,the proposed rezoning also accommodates the future collector roadway and multiuse trail, detailed below, which may allow for future connectivity to the envisioned urban center. 2) Site Access and Transportation The Eastern Road Plan, contained in the Comprehensive Plan, identifies a "new major collector roadway" bisecting the subject property extending Channing Drive south from the intersection with Senseny Road to Route 50.A new multiuse trail,running parallel to the extension of Channing Drive is also identified in the adopted plan. Senseny Road (Route 657) is identified as an "improved major collector" roadway, ultimately a four-lane urban roadway. The SEFLUP also emphasizes access management,particularly along primary roadways. The right-of-way for the future extension to Channing Drive (105' wide) on the subject property and multiuse trail are depicted on the included Generalized Development Plan(GDP)dated July 12,2023. A two-lane portion of Channing Drive extended is proffered to serve as access to the development,with Rezoning 904-23 Dover Hill Crossing II October 30, 2023 Page 4 no additional points of access proposed directly from Senseny Road. The rezoning is generally consistent with the adopted plan policy. 3) Potential Impacts & Proffers Capital Costs When evaluating capital costs of new residential development, the County projects per unit costs through the Capital Impact Model(CIM). The CIM is an economic tool that the County utilizes when considering land use planning policy decisions and rezoning applications.The model has been designed to project fiscal impacts that may result with land use change decisions. The model was originally adopted by the Board of Supervisors (BOS) in 2005, then known as the Development Impact Model (DIM). In 2018 a significant update on the model was adopted and the model was renamed the Capital Impact Model. The last annual update to the CIM was made staff and the adopted by the BOS on October 11, 2023. A summary of the project outputs for a 25-unit single-family attached(SFA—townhome)development in the Red Bud district is provided below (and full summary included in the attachments to this staff report). The Capital Impact Model (as of October 12, 2023) projects a per unit capital cost to the County of approximately $9,912*. *The Capital Impact Model(CINI)projections for the proposed development decreased between the Planning Commission public hearing(10/4/23)the Board ofSupervisors public hearing(11/8/23). The staff report reflects the updated CIMprojections. Rezoning 904-23 Dover Hill Crossing II October 30, 2023 Page 5 Tischl rBlse FISCAL I ECONOMIC I PLANNING SUMMARY OF PROJECT OUTPUTS Dover Hill Crossing CAPITAL COST IMPACTS FOR DEVELOPMENT PROPOSAL RESIDEN77AL NONRESIDENTIALTOTAL Housing Units 25 25 Projected Population 66 66 Projected Students Projected Elementary School Students 4.7 4.7 Projected Middle School School Students 2.1 2.1 Projected High School Students 2.3 2.3 Projected Total Students 9.2 9.2 Nonresidential Sq.Ft. O D Projected Jobs 4 D DevelopmentTotalfor the FULL CAPITAL IMPACT CAPACITY I INFRASTRUCTURE CATEGORY R€SfO€NTfAi NONRESID€NTLAL TOTALR€NIVIVIAL NONR€SIDENTIAL TOTAL ++ $522,120 $0 $522,120 $222,214 $0 $222,214 + ' + $37,705 $0 $37,705 $18,369 $0 $18,3691 $11,703 $0 $11,703 $6,223 $0 $6,2231 $98,644 $0 $98,644 $983 $0 $9831 '•, + $1,719 $0 $1,719 $0 $0 $01 $8,906_ $0 $8,906 $0u $0 $DI + $18,569 $0 $18,569 $18,569 $0 $18,S691 $4,985 $4,985' $0 $4,9851 $3,439 $0 $3,439 $3,439 S0 $3,4391 r + + $707,790 $0 $707,790 $274,782 $0 $274,782 ••+ ,' 1 $671,891 _ $0 $671,8911 $247,789 $0 $247,789 •Cosh proffer categories limited to public safely fociliries,school facilities,and parks&.rec facilities TRIGGEREDFULL CAPITAL IMPACT CAPACITY Residential, Nonresidential, Residential, Nonresidential, Avera a Cast Per Unit per unit per 1,0005 er unit er 1,000 s . $28,312 $0 $10,991 $0 +i• $26,876 $09 01 Proffer Statement The applicant has provided a proffer statement dated October 18, 2023, including monetary contributions to County departments and non-monetary improvements.The applicant,as included in the proffer statement, proposes a per unit contribution of $11,504 per SFA unit (for a project total of $287,600) to offset capital impacts as follows (staff has include the per unit CIM projection for reference): County Department Capital Impact Model Proffered Monetary Projection Contribution Parks & Recreation $734 per unit $1,133 per unit Proffer 2.1 Fire& Rescue $39 per unit $437 per unit Proffer 3.1 Public Schools $8,889 per unit $9,287 er unit Proffer 4.1 Sheriff 1 $248 per unit 1 $647 per unit Proffer 5.1 The above proffered monetary contribution exceeds the projected capital impact for the proposed 25- unit SFA development($1,592 per unit or$39,800 total). Rezoning 904-23 Dover Hill Crossing II October 30, 2023 Page 6 In addition to the above monetary contributions,the applicant proposes the following other proffered commitments: • Proffer 1.1:Limit the total number of single-family attached(SFA townhome)units that may be developed on Land Bay A to 25; Land Bay B may also be developed with an unspecified number of units, and to prohibit the development of multifamily units on the subject property. • Proffer 8.1: Construction of a two-lane extension of Channing Drive, south of Senseny Road, and terminating at the southern property line to serve as access to the development. • Proffers 8.2& 8.3: Reserve area for future right-of-way (ROW)dedication for the full section of Channing Drive and future multiuse trail(105-feet in width)and reserve area for future inter- parcel connection to the lot south of the subject property. Other Review A2ency Comments: Review Agency Comment Issuance Status Date Virginia Department of Transportation(VDOT) May 10, 2023 Comments resolved. Frederick Water Aril 24, 2023 Comments resolved. Frederick County FC Public Works Aril 25, 2023 No comments. FC Fire Marshal May 9, 2023 No comments. FC Parks and Recreation Aril 25, 2023 No comments. FC Public Schools (FCPS) May 3, 2023 Comments resolved. FC Attorney May 2, June 23, & Acceptable form. October 27, 2023 Staff notes there are no outstandingissues ssues from agency comments and the proffer statement is in a form acceptable to the County Attorney. PLANNING COMMISSION SUMMARY AND ACTION FROM THE 10/04/23 MEETING: The Planning Commission held a public hearing on October 4, 2023. One (1) member of the public spoke in support of the application, noting the need for workforce housing in the community. The primary discussion among the Planning Commission was the capital impacts of the development on County services and the"capacity triggered"proffer amount versus the"full capital impact" amount. Some members of the Planning Commission expressed concerns with the potential growth of housing coming to the County and the County's ability to capture capital costs through the current proffer legislation. Staff noted,while valid,these concerns were outside of the scope of the rezoning and may require a broader discussion of residential development in a work session format. The Planning Commission unanimously recommended the application go forward to the Board of Supervisors for approval. Following the required public hearing, a decision regrading this rezoning replication by the Board ofSuj2ervisors would be agj2roj2riate. The Agalicant should be prepared to adequately address all concerns raised by the Board ofSugervisors. REZ # 04 - 23: Dover Hill Crossing II PIN: 65 - A - 16 Rezoning from RA to RP Zoning Map - G-- oo. •C�t SPA%� P�� ax=n a � ii m ORE@ OREM am OREM am 'Y CL•MCL3/l:Yl :T SESAR� gPo�O�oGQd SENSENYRD y T � ��m SGNShrN � ,iYr ;5- ... k,.,,• CiaAC7"7R'JS FaR m o, J Application1 Sewer and Water Service Area N 0 Parcels 1 RP(Residential Performance District) 7 \ N ___ E J S r i Frederick County Planning&Development _ 107 N Kent St Winchester,VA 22601 540-665-5651 0 75 150 300 Feet Map Created:July 25,2023 Dover • • 11 Rezoning • • RP Location • • CIR CIR ' 100 f CIR 2239 .., _ SENSENY RD 2251 SENS 11 y� J r 65A 164, SENSE NY RD SUNSET DR � SUNSET DR 126; aSUNSEiDR s �,+ 132.?. s�' 'r'% SUNSEiDR C. � - SUNSET DR SUNSE_iDR r p`gyp IQiii��i/��.•,/p;�� viii ��•':ii�i� `vire• '�• SUNSET DR- �� ,. �1�- REZ # 04 - 23: Dover Hill Crossing II PIN: 65 - A - 16 Rezoning from RA to RP Long Range Land Use Map • • • • • • • • • • • • • • • • • • • • ♦+++♦ ♦O+O++ '�'+O+O • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • O+♦♦+�+j+j+♦1♦♦+ O+j ♦♦♦♦+j+ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • . . . . . . . . . . . . . • • • • • . • • . • • . • . • • . • • . • • . • • • DREZ#04 2�3• • • . • • . • • . • • . • . 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SpNShrNFOR m� QParcels e "• • • • • • • • • • • • • • • • • • 0+►�0 ♦�, �� Long Range Land Use N Urban Center 1 O Residential,4 u/a 7 \ w __ E J S r i Frederick County Planning&Development _ 107 N Kent St Winchester,VA 22601 540-665-5651 0 75 150 300 Feet Map Created:July 25,2023 PROFFER STATEMENT REZONING: RZ.904-23 Rural Area(RA)to Residential Performance (RP) PROPERTY: 2216 Senseny Rd containing 4.75 Acres +/-.Further identified as Tax Map Parcel 65-A-16(the "Property") RECORD OWNER: Dondero and Cruz APPLICANT: Same PROJECT NAME: Dover Hill Crossing II ORIGINAL DATE OF April 18, 2023 PROFFERS: REVISION DATE(S): July 12, 2023 October 18, 2023 The undersigned hereby proffers that the use and development of the subject property ("Property"),as described above,shall be in strict conformance with the following conditions,which shall supersede all other proffers that may have been made or submitted,prior hereto. In the event that the above referenced RP rezoning is not granted as applied for by the owners, these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as the rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the "Board") decision granting the rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved,the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. The term "Owner(s)" as referenced herein shall include within its meaning all future owners, successors and interests. When used in these proffers, the "Generalized Development Plan", shall refer to the plan entitled "Generalized Development Plan, Dover Hill Crossing 11" dated July 12, 2023 (the "GDP"). The GDP is attached to this document and titled Exhibit 1. Page 1 of 10 1. LAND USE 1.1 Development of the part of the Property that is west of the area proposed for the extension of Channing Drive across the Property shall be limited to not more than 25 single family attached dwelling units. The remaining property to the east of the new extension of Channing Dr will not be further developed at this time, however it may be at some time in the future. Multi-family dwelling units shall be prohibited. 1.2 The project shall be constructed in substantial conformance with the Generalized Development Plan (Exhibit 1) provided that minor modifications are permitted during the Master Development Plan and final engineering process. Minor modifications will be subject to approval by the Director of Planning and Development. 2. PARKS AND RECREATION: 2.1 The Owners shall contribute to the County the sum of $1,133 per single family attached unit for parks and recreation purposes, payable upon the issuance of a certificate of occupancy for each single family attached unit. Any future development of the portion of the property that will be east of the extension of Channing Drive will be subject to all county approvals and restrictions and to payment of any cash proffers as then identified in the Development Impact Model for the appropriate housing type. 3. FIRE & RESCUE: 3.1 The Owners shall contribute to the County the sum of $437 per single family attached dwelling unit for fire and rescue purposes, payable upon the issuance of a certificate of occupancy for each single family attached unit. Any future development of the portion of the property that will be east of the extension of Channing Drive will be subject to all county approvals and restrictions and to payment of any cash proffers as then identified in the Development Impact Model for the appropriate housing type. Page 2 of 10 4. SCHOOL CONSTRUCTION: 4.1 The Owners shall contribute to the County the sum of $9287 per single family attached dwelling unit for school purposes, payable upon the issuance of a certificate of occupancy for each single family attached unit. Any future development of the portion of the property that will be east of the extension of Channing Drive will be subject to all county approvals and restrictions and to payment of any cash proffers as then identified in the Development Impact Model for the appropriate housing type. 5. SHERIFF: 5.1 The Owners shall contribute to the County the sum of$647 per single family attached dwelling unit for Sheriff's Office purposes, payable upon the issuance of a certificate of occupancy for each single family attached unit. Any future development of the portion of the property that will be east of the extension of Channing Drive will be subject to all county approvals and restrictions and to payment of any cash proffers as then identified in the Development Impact Model for the appropriate housing type. 6. CREATION OF HOMEOWNERS' ASSOCIATION: 6.1 The residential development shall be made subject to an HOA that shall be responsible for the ownership, maintenance, and repair of all common areas, excluding any areas that may be dedicated to Frederick County (the "County") or other public entities. For each area subject to their jurisdiction, the HOA shall be granted such responsibilities, duties, and powers as are customary for such associations or as may be required for such HOA herein. 6.2 In addition to such other duties and responsibilities as may be assigned, the HOA shall have title to and responsibility for (i) all common open areas not otherwise dedicated to public use including stormwater management facilities, (ii) common buffer areas located outside of residential lots; (iii) responsibility for the perpetual maintenance of any perimeter or road buffer areas, all of which buffer areas shall be located within easements to be granted to the HOA if platted within residential or other lots, or otherwise granted to the HOA by appropriate instrument and (iv) responsibility for payment for maintenance of streetlights. Page 3 of 10 7. WATER& SEWER: 7.1 The Owners shall be responsible for connecting the Property to public water and sewer, and for constructing all facilities required for such connection. All water and sewer infrastructure shall be constructed in accordance with the requirements of Frederick Water. 8. TRANSPORTATION: 8.1 The Owners shall construct a two-lane extension of Channing Drive that will extend south from Senseny Rd and terminate at the southern property line. This roadway will meet all applicable VDOT standards. 8.2 The Owners proffers to reserve an area for future right of way dedication that is 105 feet in width for the entire length of the Subject Property to allow for the future widening of Channing Drive by others in the general area identified in the Frederick County GIS map. Additionally, the Owner proffers to provide permanent and temporary easements along both sides of the 105 foot right of way dedication area consistent with the approved road design plan for this construction project. 8.3 The Owners shall provide a reserve area that is a maximum of 24 feet in width for a potential future connection between this Property and the adjacent Lot to the South. The Owners shall dedicate said reservation area in conformance with the location depicted on the GDP. 9. ESCALATOR FOR MONETARY PROFFERS: 9.1 In the event the monetary contributions set forth in the Proffer Statement are paid to the Board within 30 months of the approval of this rezoning, applied for by the Owners,said contributions shall be in the amounts as stated herein. Any monetary contributions set forth in the Proffer Statement which are paid to the Board after 30 months following the approval of this rezoning shall be adjusted in accordance with the Urban Consumer Price Index ("CPI-U") published by the United States Department of Labor, such that at the time contributions are paid,they shall be adjusted by the percentage change in the CPI-U from that date thirty months after approval of this rezoning to the most recently available CPI-U to the date the contributions are paid, subject to a cap of 6% per year, non-compounded. Page 4 of 10 SIGNATURE(S) APPEAR ON THE FOLLOWING PAGE(S) Page 5 of 10 Respectfully submitted, Andrew Alexander Rodney Kenneth Dondero Notary Public Reg.#7529969 By: Commonwealth of Virginia My Commission Expires April 30,2024 Title: Property Owner STATE OF VIRGINIA, AT LARGE Afo`4�HE-ML'P�COUNTY, To-wit: �.o�n�Quh The foregoing instrument was acknowledged before me this day of_QACA,9 2ol:3 byc.N�1c t-h b0�►�G r�; My commission expires:----Q)".; 0 - 02_ PINotary Public Page 6 of 10 Respectfully submitted, Karen Dondero By: Title: Property Owner STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To-wit: Th f oL5LI r going instrument was acknowledged before me this 3 day by My commission expires: ----- _ �3112 ____- Notary Public ERIN K. RAYNER NOTARY PUBLIC REGISTRATION#7773884 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES 8/31/2026 Page 7 of 10 Respectfully submitted, Victor Cruz By: Title: Property Owner BRANDON LAWRENCE FARRELL NOTARY PUBLIC COMMONWEALTH OF VIRGINIA STATE OF VIRGINIA AT LARGE MY COMMISSION EXPIRES APR.30,2026 COMMISSION M 7616086 FREDERICK COUNTY, To-wit: The foregoing instrument was acknowledged before me this �day of r Za3 by 1 My commission expires:__Q___ _ _1__ 3D r1+ )--- - ------------ Notary Public�t �1'nkk Page 8 of 10 Respectfully submitted, Patricia Cruz By: Title: Property Owner STATE OF VIRGINIA, AT LARGE 13R 42, N&R4C-K COUNTY, To-wit: The foregoing instrument was acknowledged before me this _ day o-fUCADOU a(DJL3 Ahl II t N�atiaaanminirauunygaa�a My commission expires•j/1J_` _ �Gam; •. Notary Public connMaNwF.��Tr+�ry OF VIRGINIA, NO.; a cREGISao18606 :G ... \ . rR... 1111101 Page 9 of 10 � q W �-- P� 5 W� roro i F-I �ro .OWE o� z8 ='S ebx 3.z✓d aas �z Nasex¢,d ry -w'oa o3jo � � o z qo�ovo��'dNosx,cyd v�eoed/.v � � � G7dho/Siy0e�5-�/p% P] � � da:�N Nxozaw xr � /rvs�sansys�a avn <brz<000af H 0 V ------------ — ��//- x - IJa pa lMalgo , /� •fig. _�� II � �55 io, LZL.I LU w n > C7 / / O la r ilz w i I r IIµ i o ------ -------- - --------- ----- -- _ a -------------- -000 =--: z :�,::ti�N- -- ---------- —'—--' -----' v � �III��i ,___—----_——�O�------ �------� ;-�" - , ' • ��-- -- — - — _ N;I, s — v v ----------- t— „O — c n z-N- SON ' cc imI O PROJECT SUMMARY PAGE Capital Impacts Model TlschlerBise Frederick County,Virginia �rISCAt_ I ECONOMIC I --LArvr ING SUMMARY OF PROJECT INPUTS Project Name Dover Hill Crossing Project Location Parameters General Service Area Urban School or School Region Elementary Region Evendale Middle School Region Admiral Byrd High School Millbrook Fire&Rescue Service Area lGreenwood Library Region Urban Park Region Urban Number of Dwelling Units Single Family-Detached 0 Single Family-Attached 25 Multifamily 0 Age-Restricted Single Family 0 Additional Housing Unit 0 TOTAL DWELLING UNITS 25 Amount of Nonresidential Square Footage(Gross) Retail 0 Office and Other Services 0 Industrial 0 Institutional 0 TOTAL NONRESIDENTIAL SQUARE FOOTAGE 0 Frederick County Capital Impacts Model Developed by TischlerBise O 2019 Frederick County Capital Impacts Model Run on 9/19/2023 Ike Frederick County Capital Impacts Model_2023 Draft Update 09.15.2023 F&R Corrections Printed on 9/19/2023 Page 1 of 2 Tischleraise FISCAL I ECONOMIC I PLANNING SUMMARY OF PROJECT OUTPUTS Dover Hill Crossing CAPITAL COST IMPACTS FOR DEVELOPMENT PROPOSAL RESIDENTIAL I NONRESIDENTIAL ITA Housing Units 251 25 Projected Population 661 66 Projected Students Projected Elementary School Students 4.7 4.7 Projected Middle School School Students 2.1 2.1 Projected High School Students 2.3 2.3 Projected Total Students 9.2 9.2 Nonresidential Sq.Ft. 0 0 Projected Jobs 0 0 DevelopmentTotalfor the ... FULL CAPITAL IMPACT CAPACITY TRIGGERED INFRASTRUCTURE CATEGORY RESIDENTIAL NONRESIDENTIAL TOTAL RESIDENTIAL NONRESIDENTIAL TOTAL * •• $522,120 $0 $522,120 $222,214 $0 $222,214 * $37,705 $0 $37,705 $18,369 $0 $18,369 * $11,703 $0 $11,703 $6,223 $0 $6,223 * $98,644 $0 $98,644 $983 $0 $983 * . . $1,719 $0 $1,719 $0 $0 $0 $8,9061 $0 $8,906 $0 $0 $0 ;18,5691 $0 $18,569 $18,569 $0 $18,569 $4,985 $0 $4,985 $4,985 $0 $4,985 $3,439 $0 $3,439 $3,439 $0 $3,439 GRAND TOTAL CAPITAL COSTS $707,790 $0 $707,790 $274,782 $0 $274,782 • • OEM $671,891 $0 $671,8911 $247,789 $0 $247,789 *Cash proffer categories limited to public safety facilities,school facilities,and parks&rec facilities Residential, Nonresidential, Residential, Nonresidential, Average Cost Per Unit per unit per 1,000 sq.ft. per unit per 1,000 sq.ft. $28,312 $0 $10,991 $0 $26,876 $0 $9,912 $0 Frederick County Capital Impacts Model Developed by TischlerBise O 2019 Frederick County Capital Impacts Model Run on 911-912023 Frederick County Capital Impacts Model_2023 Draft Update 09.18.2023 F&R Corrections Printed on 9/19/2023 Page 2 of 2 Dover Hill Crossing II Residential Rezoning IMPACT ANALYSIS STATEMENT r n � r s. a ns n» r � u n » » n u to a a su ayy Tax Parcel 65-A-16 Red Bud Magisterial District April 18, 2023 Current Owners: Kenneth and Karen Dondero Victor and Patricia Cruz Contact Person: Ken Dondero 571-233-1188 IMPACT ANALYSIS STATEMENT INTRODUCTION This report has been prepared for the purpose of assessing the impact on Fredrick County by the proffered rezoning of a single parcel of land totaling approximately 4.75± acres to the RP, Residential Performance District. The subject property is owned by Ken/Karen Dondero and Victor/Patricia Cruz identified as Tax Parcel 65-A-16. This Parcel is south of Senseny Road, directly across from the termination of Channing Drive at Senseny Road (see the Location Exhibit included with this report). The Parcel is currently zoned RA,Rural Area District,within the Urban Center of the Red Bud Magisterial District.Upon rezoning to the RP District,the area to the west of the new extension of Channing Drive is expected to be developed into residential units. The remaining property to the east of the new extension of Channing Dr will not be further developed at this time, however it may be at some time in the future. Site Information Location: The Parcel (Tax Map #65-A-16)fronts on the south side of Senseny Road (Route 657), at the termination of Channing Drive. Magisterial District: Red Bud District Tax Map Numbers: 65-A-16 Current Zoning: RA, Rural Area District Current Use: Single Family Dwelling Proposed Zoning: RP Residential Performance Proposed Use: Residential development. Total Rezoning Area: 4.75 acres (with proffers) Permitted Density 10 DU per acre (Zoning Ordinance 165-402.05) COMPREHENSIVE POLICY PLAN Urban Development Area The Urban Development Area (UDA) defines the general area in which residential, commercial, industrial, and institutional land use development is encouraged in the County. The entirety of the 4.75-acre subject property is located within the UDA. Sewer and Water Service Area The Sewer and Water Service Area (SWSA) is generally aligned with the UDA, but also extends outside of the UDA to accommodate other areas of the County. The entirety of the 4.75-acre subject property is located within the SWSA. Comprehensive Plan Conformity The Senseny/Eastern Frederick Land Use Plan applicable to the County's Urban Areas designates the Parcel for(among other uses) Residential within the Greenwood Urban Center area. The proposed rezoning of the RP District is therefore in conformance with the Frederick County Comprehensive Plan. SUITABILITY OF THE SITE Access The site currently fronts on Senseny Road. An extension of a half section of Channing Drive south of Senseny Road will be constructed for the sole purpose of creating access to this site for its future residents. The area needed to expand and continue Channing Drive south of Senseny Road will be dedicated to the County with the ultimate subdivision of the property. All other construction of future Channing Drive will be done by others. Roadways within Dover Hill Crossing 11 will be private and will meet all appropriate County requirements and standards. Flood Plains The Parcel does not contain areas of floodplain per FEMA NFIP Map#51069CO240E Effective Date January 29, 2021. Wetlands The Parcel does not contain wetland areas as demonstrated on the National Wetlands Inventory (NWI)Map information or from information identified in the Frederick County GIS Database. Soil Types The subject property contains soil types as demonstrated by the Soil Survey of Frederick County Virginia, and the Frederick County GIS Database. The following soil types are present on site: 1B —Berks Channery Silt Loam 3 to 8 percent slopes The Berks series consists of moderately deep, well drained soils formed in residuum weathered from shale, siltstone, and fine-grained sandstone on rounded and dissected uplands. Slope ranges from 0 to 80 percent. Permeability is moderate or moderately rapid. These soils are described as having a moderate infiltration rate when thoroughly wet. They consist chiefly of moderately deep or deep, moderately well drained or well drained soils that have moderately fine texture to moderately coarse texture. These soils have a moderate rate of water transmission. 41D—Weikert-Berks Channery Silt Loams, 15 to 25 percent slopes The Weikert series consists of shallow, well drained soils formed in material that weathered from interbedded gray and brown acid shale, siltstone, and fine-grained sandstone on gently sloping to very steep areas on uplands. Slope ranges from 0 to 100 percent. Permeability is moderately rapid. SURROUNDING PROPERTIES Adjoining prope q-ty zoning and present use. North: RP, Residential Performance District Use: Residential South: RA, Rural Area District Use: Vacant/Undeveloped East: RA, Rural Area District Use: Vacant/Undeveloped West: RA, Rural Area District Use: Vacant/Undeveloped TRANSPORTATION Vehicular access to the site will be from the newly constructed extension of a half section of Channing Drive. This extension of Channing Drive will be built for the sole purpose of allowing access to this site. Any future expansion of, or creation of, Channing Drive will be done by others. The current"three way" intersection of Channing Drive and Senseny Road is controlled by a traffic light. Upgrades to the existing traffic control devices will be provided which will allow the control of traffic on the (to be constructed) extension of Channing Drive. The bicycle/pedestrian path within this parcel,identified within the Frederick County GIS map will be constructed on the east side of the future extension of Channing Drive. This will allow the new path to properly align with the existing path located on existing Channing Drive North of Senseny Road. Traffic Impact Analysis: Per county staff, the size of property would not meet the threshold that would require a traffic impact analysis. SEWAGE CONVEYANCE AND TREATMENT As previously stated, the Parcel is located wholly within the Sewer and Water Service Area (SWSA) and is therefore entitled to be served by public sewer based on County Policy. Frederick Water is the provider of public sewer service within this area of the County. WATER SUPPLY As previously stated, the Parcel is located wholly within the Sewer and Water Service Area (SWSA) and is therefore entitled to be served by public water based on County Policy. Frederick Water is the provider of public water service within this area of the County. SITE DRAINAGE Topographic relief on the Parcel generally follows an east to west pattern that directs drainage towards the western property line. A complete stormwater management plan will be designed at the time of final engineering design. All associated stormwater quantity and quality measures will be designed in conformance with all applicable state and local regulations; therefore, site drainage and stormwater management impacts to adjoining properties and the community will be mitigated. HISTORICAL SITES AND STRUCTURES The Property is not indicated by Virginia Department of Historic Resources (DHR) and Frederick County GIS records as containing any Historic Resources. The residential structure was constructed more than 50 years ago but does not have any historical or architectural significance. PUBLIC SCHOOLS The proposed residential community may be classified as an infill development that will be served by existing adequate public facilities. The Applicant will address the issue of a contribution to public schools in accordance with formulas adopted by the Board of Supervisors in the proffers that will be submitted during the processing of the rezoning application. TRASH SERVICE This project will utilize private refuse collection services administered by the HOA, which will result in limited impacts to the Greenwood Convenience center. EMERGENCY SERVICES Emergency services for the site will be provided by Greenwood Fire and Rescue along with the Frederick County Sheriff's Office. The extension of Channing Drive south of Senseny Road will allow access for emergency response vehicles serving the area. � q W �-- P� 5 W� roro i F-I �ro .OWE o� z8 ='S ebx 3.z✓d aas �z Nasex¢,d ry -w'oa o3jo � � o z qo�ovo��'dNosx,cyd v�eoed/.v � � � G7dho/Siy0e�5-�/p% P] � � da:�N Nxozaw xr � /rvs�sansys�a avn <brz<000af H 0 V ------------ — ��//- x - IJa pa lMalgo , /� •fig. _�� II � �55 io, LZL.I LU w n > C7 / / O la r ilz w i I r IIµ i o ------ -------- - --------- ----- -- _ a -------------- -000 =--: z :�,::ti�N- -- ---------- —'—--' -----' v � �III��i ,___—----_——�O�------ �------� ;-�" - , ' • ��-- -- — - — _ N;I, s — v v ----------- t— „O — c n z-N- SON ' cc imI O COMMONWE-ALTH of I I I.a". DEPARTMENT OF TRANSPORTATION Staunton/Edinburg Land Development 14031 Old Valley Pike Edinburg,VA 22824 Mr. Cheran, This office has completed our review of the Dover Hill Crossing II rezoning application from Ken Dondero. This application is proposing to rezone Tax Map Parcel 65-A-16 from Rural Area (RA) to Rural Performance (RP). The parcel consists of 4.75 acres+/-. We offer the following items for the County's consideration of this rezoning: • Transportation proffer 8.2 advises the applicant proffers to reserve a 105' right-of-way for future dedication at no cost to the County for a period of 25 years beginning the date of rezoning approval. A sunset clause does not seem appropriate so long as this roadway is shown on the County's comprehensive plan. Removal of the sunset clause and providing the right-of- way dedication and any necessary easements with this rezoning may be more appropriate. • The rezoning advises the two-lane roadway from Senseny to the southern limits of the property to serve the 25 units will initially be private but built to VDOT Standards. We recommend this be a public street to ensure the roadway is properly constructed and maintained until such time as the ultimate roadway section is completed. • The rezoning should address any additional right-of-way needs for the ultimate typical section for Senseny Road which is shown as an Urban Four Lane Divided Collector Roadway on the Frederick County Comprehensive Plan. • The proposed connection to Senseny Road is located at a signalized intersection,with three legs of the intersection being active. Please note that the development will be responsible for upgrading the signal to accommodate the fourth leg of the intersection at their cost. This is a general advisory statement for awareness. Future signal design may result in modifications to the intersection including a westbound left turn lane on Senseny Road. • To ensure optimal phasing and operation of the existing traffic signal, a left turn lane exiting the site may be required. We appreciate the opportunity to review and comment on this rezoning request. If you have any questions or concerns, please feel free to contact us. Thank you, Timothy Rhodes Land Development Engineer/Edinburg XVDOT I Virginia Department of Transportation 540-534-3206 ti .qov 'P Rezoning Comments Frederick Water 's Mail to: Hand deliver to: Frederick Water Frederick Water Attn: Engineer Attn: Engineer P.O. Box 1877 315 Tasker Road Winchester, Virginia 22604 Stephens City, Virginia (540) 868-1061 Applicant: Please fill out the information as accurately as possible in order to assist the agency with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Ken Dondero Telephone: 571-233-1188 Mailing Address: 305 Senseny Glen Dr Location of property: 2216 Senseny Road Winchester Va 22602 Current zoning: RA Zoning requested: RP Acreage: 4.75 Frederick Water Comments: Please refer to the letter dated April 24, 2023 to Ken Dondero from Eric Lawrence. 9 April 24, 2023 Frederick Water Signature & Date: Notice to Frederick Water - Please Return This Form to the Applicant 26 FREDERICK WATER 315 Tasker Road PH(540)868-1061 Eric R.Lawrence Stephens City,Virginia 22655 Fax(540)868-1429 Executive Director www.FrederickWater.com April 24, 2023 Ken Dondero 305 Senseny Road Winchester, VA 22602 K305donderoCcDcomcast.net RE: Rezoning Application Comment 2216 Senseny Road — Dover Hill Crossing II Tax Map Numbers: 65-A-16 4.75 acres Dear Mr. Dondero: Thank you for the opportunity to offer review comments on the Dover Hill Crossing II residential rezoning application package, dated April 18, 2023, and received at Frederick Water on April 20, 2023. Frederick Water offers comments limited to the anticipated impact/effect upon Frederick Water's public water and sanitary sewer system and the demands thereon. The project parcel is located within the sewer and water service area (SWSA) and the Urban Development Area (UDA), and therefore by county policy, Frederick Water's water and sewer services are available. The application's Impact Statement is silent on the projected quantities of water and sewer generation from the proposed land use. Water service is available via an existing 8-inch water main located on the northside of Senseny Road. An 8-inch gravity sanitary sewer service is also available on the northside of Senseny Road. The applicant is responsible for confirming that adequate water and sewer capacities are available to meet demands, and for constructing any improvements necessary to facilitate utilization of the services. Water and sanitary sewers are to be constructed in accordance with Frederick Water standards and specifications. Easements will be required to accommodate infrastructure that is dedicated to Frederick Water. Please be aware that Frederick Water is offering these review comments Water At Your Service Page 2 2216 Senseny Road—Dover Hill Crossing II residential rezoning application Ken Dondero April 24, 2023 without the benefit or knowledge of a proffered proposed use and water and sewer demands for the site. Please keep in mind that water supplies and sanitary sewer conveyance capacities change daily; with each new customer connection brings additional demands and generated flows. Additional upgrades to the sanitary sewer system may be necessary for the project to connect and contribute to the system once the site's sanitary sewer generations are known. This letter does not guarantee system capacities to accommodate your development proposal. Thank you for the opportunity to offer review comments. Sincerely, *W — Eric R. Lawrence Executive Director RECEIVED Rezoning Comments Frederick County pbli-lftrk-�&inspections Frederick County Department of Public Works Mail to: Hand deliver to: Frederick County Dept. of Public Works Frederick County Dept. of Public Works Attn: Director of Engineering Attn: Director of Engineering 107 North Kent Street 107 North Kent Street Winchester, Virginia 22601 Suite 200 (540) 665-5643 Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Department of Public Works with their review. Attach a copy of your application form, location map, proffer statement,impact analysis, and any other pertinent information. Applicant's Name: Ken Dondero Telephone: 571-233-1188 Mailing Address: 305 Senseny Glen Dr Email k3 Location of property: 2216 Senseny Rd Winchester Va 22602 Current zoning: RA Zoning requested: RP Acreage: 4.75 Department of Public Works Comments: 4 �Fer no 6V or,I'- Public Public Works Signature &Date: "now7 y Zs' Z3 f Notice to Dept. of Public Works -Please Return This Form to the Applicant 22 Rezoning Comments I ` `4 * i Frederick County Fire Marshal Mail to: Hand deliver to: Frederick County Fire Marshal Frederick County Fire &Rescue Dept. 1800 Coverstone Drive Attn: Fire Marshal Winchester, Virginia 22602 Public Safety Building (540) 665-6350 1800 Coverstone Drive Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Frederick County Fire Marshal with his review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Ken Dondero Telephone: 571-233-1188 Mailing Address: 305 Senseny Glen Dr Winchester Va 22602 Email Q Location of property: 2216 Senseny Rd Winchester Va 22602 Current zoning: RA Zoning requested: RP Acreage: 4.75 _ g Fire Marshal's Comments: Fire Marshal's Signature &Date: Notice to Fire Marshal -Please Return This Form to the Applicant 23 RECEIVED APR 2 01023 Frederick County Fire and Rescue Department Office of the Fire Marshal �g�crc c� 1080 Coverstone Drive a y� Winchester, VA 22602 ` Phone: 540-665-6350 Fax: 540-678-4739 fmo@fcva.us Plan Review Rezoning Status: Approved Owner Kenneth Dondero 2216 Senseny Rd Winchester, Virginia 22602 Phone: 571-233-1188 Printed Date: 05/06/2023 General Information Received Date: 04/20/2023 Occupancy Type: Review Begin Date: 05/06/2023 Property Use: Review End Date: 05/06/2023 Activity Number: 1041118 Hours: 1.0000 Review Cause: Application Activity D- . Project Name Dover Hill Crossing II dwim Adam Hounshell Lieutenant/Assistant sire Marshal Page 1 of 1 Rezoning Comments Frederick County Department of Parks & Recreation �,h, Mail to: Hand deliver to: Frederick County Frederick County Department of Parks &Recreation Department of Parks &Recreation 107 North Kent Street County Administration Bldg., 2nd Floor Winchester,Virginia 22601 107 North Kent Street (540) 665-5678 Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Department of Parks & Recreation with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Ken Dondero Telephone: 571-233-1188 Mailing Address: 305 Senseny Glen Dr Winchester Va 22602 Email k31 t Location of property: 2216 Senseny Rd Winchester Va 22602 Current zoning: RA Zoning requested: RP Acreage: 4.75 Department of Parks &Recreation Comments: Pks. &Rec. Signature &Date: loom 'Z S Notice to Department of Park; & Recreation -Please Return This Form to the Applicant I 24 qb re erlci County Public Schools F Planning Office Wayne Lee, Coordinator of Planning and Development leew@fcpsk12.net May 9, 2023 Mr. Ken Dondero 305 Senseny Glen Drive Winchester, VA 22602 Re: Dover Hill Crossing II rezoning application Dear Mr. Dondero: Frederick County Public Schools has reviewed the Dover Hill Crossing II rezoning application submitted to us on April 19, 2023. Our understanding is that this development proposal includes 25 single-family attached units. We estimate that this development will house 9 students, including 5 elementary students, 2 middle school students, and 2 high school students. The high school that will be serving this development is currently over capacity. In order to properly serve these additional students, Frederick County Public Schools would spend an estimated $128,000 more per year in operating costs (or$5,120 average per unit per year) and an estimated $721,000 in one-time capital expenditures (or$28,840 average per unit). You will find, enclosed with this letter, a more detailed assessment of the estimated impact of Dover Hill Crossing II on FCPS, including attendance zone information. Please feel free to contact me at leewa-fcpsk12.net or 540-662-3888 x88249 if you have any questions or comments. Sincerely, U K. Wayne Lee, Jr., ALEP Coordinator of Planning and Development enclosure cc: Dr. George Hummer,Superintendent of Schools Dr. Osborne Abbey, Interim Assistant Superintendent for Administration Mr.John Grubbs,Transportation Director Mr.Calvin Davis,Assistant Director of Transportation Mr.Tyler Klein,Senior Planner, Frederick County Planning 1415 Amherst Street https://www.frederickcountyschoolsva.net/ 540-662-3889 ext. 88249 P.O. Box 3508 Winchester,Virginia 22604-2546 N 4. e.� o N � kr) N c C" v� O ice. O N O O N O y 0 O p N O U U U00 00 C Fi4 bl4 Cq `" N �• c o aun Cto N mow° 0 0 0 p y W 0000U Gol� M coq bl4 N o o N � U a � o c Q U � QI b U ct a) •sa C H k d 00 cl � & — J a � � 4-a rA ( 2 § k k d � � � ■ U � � # w k � U 7 q o � V § _ k = § � � O � � � ] 0 � U ° u R 7 \ / b c � § ■ 7 q 2 u .2 7 $ 10 / \ / 2 ¥ \ 7 \ / k COUNTY OF FREDERICK 'f Roderick B. Williams County Attorney 540/722-8383 1738 Fax 540/667-0370 E-mail rwillia@fcva.us May 2, 2023 VIA EMAIL Mr. Ken Dondero 305 Senseny Glen Drive Winchester, VA 22602 Re: Rezoning Application—Dover Hills— Tax Map Parcel Number 65-A-16 (the "Subject Property") Dear Mr. Dondero: You have submitted to Frederick County for review a proffer statement(the"Proffer Statement"), for the proposed rezoning of the Subject Property, comprised of 4.75± acres, in the Redbud Magisterial District, from the RA(Rural Areas) Zoning District to the RP (Residential Performance)Zoning District. I have now reviewed the Proffer Statement and it is my opinion that the Proffer Statement would be in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, and would be legally sufficient as a proffer statement, subject to the following comments: • Record Owners/Signatures—Because we record proffer statements in the land records, following approval, the Proffer Statement should show the full names of the owners and in boldface type, with the last names underlined, to facilitate proper indexing of the document by the Clerk's Office. Also, as there are four owners of the Subject Property, the Proffer Statement needs a separate signature page for each owner. This is true even if you are relying on the powers of attorney for the other owners; the pages for each of them would need to show that you are signing by power of attorney. • Introductory paragraph 2 —I note that the Proffer Statement defines the term "Applicant" to include all future owners and successors and interest, but for clarity, the best practice is simply to have the Proffer Statement refer consistently throughout to "Owner" and to have the Proffer Statement define that term to include all future owners and successors and interest. As a practical matter, there is no difference between the owners and the Mr. Ken Dondero May 2,2023 Page 2 applicant in this rezoning, so there is no need to use the extra term "Applicant" in the Proffer Statement. • Generalized Development Plan ("GDP")— The materials I received did not include a copy of the GDP. Consequently, I am unable to offer complete comments on the Proffer Statement, as one aspect of my review typically entails confirming that an included generalized development plan properly corresponds to the provisions of the proffer statement to which it applies. Accordingly,please consider this comment letter to be incomplete. Also, the phrase "and shall include the following" and the colon, at the end of introductory paragraph 2 is not appropriate, as the Proffer Statement appears to include matters that would not necessarily be subject to or related to the GDP. • Proffer 1.1 —For best clarity, if the following corresponds with your intent, the first sentence might better read: "Development of the part of the Property that is west of the area proposed for the extension of Channing Drive across the Property shall be limited to not more than 25 single family attached dwelling units." Also, staff should be aware that, with respect to the remainder of the Subject Property, the only limitation is that multi- family dwelling units would be prohibited. • Proffers 2 through 5 —As written, these proffers are applicable to single family attached dwelling units, but, to the extent that the Proffer Statement may allow for development of other housing types, particularly on the eastern portion of the Subject Property, the proffers do not specify cash payment amounts for other housing types. • Proffer 3.1 —The proffer contains a typographical error in its reference to a certificate of occupancy. • Proffer 6.3 —I must ask whether this item is appropriate for inclusion as a proffer. The proffer is quite particular as to the internal operations of the development, as opposed to addressing impacts on public facilities. Further toward this end, I therefore must note that County staff would not necessarily have the relevant expertise to opine on the appropriate level of funding that a homeowners' association should have for its operations. As such, it would seemingly be inappropriate for the County to pass judgment as to such a provision, by considering it as part of the Proffer Statement. • Proffer 8.1 —The proffer is ambiguous as to the length of the road segment the owner will construct, whether it will be"to the extent necessary to provide access" or whether it will be to the southern property line. Also, the second sentence is unnecessary; the owners always have the right to attempt obtaining funding from whatever source they wish, but the proffer cannot obligate the County to support a specific funding approach. • Proffer 8.2—If the intent is to reserve right-of-way for the entire length of Channing Drive over the Subject Property, then the Proffer should so state that the reservation is for such entire length. In that some of the materials refer to a parallel trail, staff will need to Mr. Ken Dondero May 2,2023 Page 3 confirm adequacy of the proposed right-of-way width; staff will also want to note that the Proffer Statement does not provide for construction of the trail. • Proffer 8.3 —The precise purpose of this proffer is not necessarily clear, especially without my having had the benefit of receiving a copy of the GDP. Is this related to the Channing Drive right-of-way? Is this something else? What is this? I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for this specific development, as my understanding is that review will be done by staff and the Planning Commission. Sincerely, Roderick B. Williams County Attorney cc: Wyatt Pearson, Director, Planning& Development, Frederick County (via email) John Bishop, Assistant Director, Planning & Development, Frederick County (via email) Tyler Klein, Senior Planner, Planning & Development, Frederick County (via email) To be completed by Planning, ,..;a: Fee Amount Paid $ ` 4-_I C.-�'o Zoning Amendment Number Anticipated PC Hearing Date Date Received Anticipated BOS Hearine Date REZONING APPLICATION FREDERICK COUNTY,VA DEPARTMENT OF PLANNING &DEVELOPMENT 1. Property Owner(s) (please attach additional page(s) i I'more than two owners): Name: Ken Dondero Specific Contact Person if Other than Above: Same Address: 305 Senseny Glen Dr Winchester Va 22602 Telephone: 571-233-1188 Email: k� Name: Karen Dondero Specific Contact Person if Other than Above: Ken Dondero Address: 305 Senseny Glen Dr Winchester Va 22602 Telephone: 540-533-2044 Email: k30,' net 2. Other Applicant Party (such as a contract purchaser) (please attach additional page(s) if necessary): Name: Specific Contact Person if Other than Above: Address: Telephone: Email: 3. Law firm,engineering firm, or other person, if any, serving as the primary contact person for this application: Firm Name: Specific Contact Person at Firm: Address: Telephone: Email: _ Please note that, if a law firm, engineering firm, or other person, other than the owner of the property, will be acting on behalf of the owner and/or executing papers on behalf of the owner in connection with the rezoning, the owner will need to execute a power of attorney form granting the firm or person such authority. 12 4. Project Name (if any): Dover Hill Crossing II 5. Property Information: a. Property Identification Number(s): 65 A 16 b. Total acreage of the parcel(s): 4.75 c. Total acreage of parcel(s)to be rezoned (if other than whole parcel(s) is being rezoned): d. Current zoning designation(s) and acreage(s) in each designation: RA- Rural Area District e. Proposed zoning designation(s)and acreage(s) in each designation: RP - Residential Performance f. Magisterial District(s): Red Bud g. Location -the property is located at(give street address(es) if assigned or otherwise exact location based on nearest road and distance from nearest intersection, using road names and route numbers): 2216 Senseny Road Winchester VA 22602. h. Adjoining Properties: Parcel ID Number Use Zoning 65-A-15 (adjoining to the West) Vacant RA 65-A-1 5C(adjoining to the South) Vacant RA 65-A-15A(adjoining to the East) Vacant RA 65-A-35C Residence RP 65-B-1-C65 Residence RP 65-B-1-C67 Residence RP Please attach additional page(s) if necessary. Property identification numbers, magisterial districts, and deed book and page numbers/ instrument numbers may be obtained from the Office of the Commissioner of the Revenue, Real Estate Division, 107 North Kent Street, Winchester, VA 22601. 13 6. Disclosure of real parties in interest. Virginia Code § 15.2-2289 provides that localities may by ordinance require any applicant for a zoning amendment to make complete disclosure of the equitable ownership of the real estate to be affected including, in the case of corporate ownership,the name of stockholders, officers, and directors, and in any case the names and addresses of all real parties of interest. Frederick County has, by County Code § 165-101.09, adopted such an ordinance. For each business entity that is an owner or contract purchaser of the property, please list the name and address of each person owning an interest in, or who is an officer or director of,any entity that is an owner or contract purchaser of the property (you need not indicate the amount or extent of the ownership interest). Please note that this requirement does not apply to a corporation whose stock is traded on a national or local stock exchange and having more than 500 shareholders. Please attach additional page(s) if necessary. 7. Checklist. Please check that the following items have been included with this application: ❑ Location Map ❑ Plat Depicting Metes/Bounds of Proposed Zoning ❑ Impact Analysis Statement ❑ Proffer Statement(if any) ❑ Agency Comments ❑ Fee ❑ Copies of Deed(s)to Property(ies) ❑ Tax Payment Verification ❑ Digital copies (pdf's) of all submitted items 14 8. Signature(s): I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best r)knowledge. Own r: Date If signing on behalf of an entity, please state name of entity and your title: Owner: Date If signing on behalf of an entity, please state name of entity and your title: Other Applicant Party(if any): Date If signing on behalf of an entity, please state name of entity and your title: If additional signature lines are necessary, such as if more than two persons are owners, please use additional copies of this page. 15 f 8. Signature(s): 1 (we),the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we)hereby certify that this application and its accompanying materials are true and accurate to the best of my(our)knowledge. Owner: _ ; Date 2 1101, If signing on behalf of an entity, please state name of entity and your title: Owner-. Date If signing on behalf of an entity,please state name of entity and your title: Other Applicant Party(if any): Date If signing on behalf of an entity, please state name of entity and your title: If additional signature lines are necessary, such as if more than two persons are owners, please use additional copies of this page. 15 8. Signature(s): I (we),the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Owner: 40- Date If signing on behalf of an entity, please state name of entity and your title: Owner: _ Date If signing on behalf of an entity, please state name of entity and your title: Other Applicant Party (if any): Date If signing on behalf of an entity, please state name of entity and your title: If additional signature lines are necessary, such as if more than two persons are owners, please use additional copies of this page. 15 S. Signature(s): I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my(our)knowledge. Owner: Date If signing on behalf of an entity, please state name of entity and your title: Owner-, Date If signing on behalf of an entity, please state name of entity and your title: Other Applicant Party(if any): Date If signing on behalf of an entity, please state name of entity and your title: If additional signature lines are necessary, such as if more than two persons are owners, please use additional copies of this page. 15 ADJOINING PROPERTY OWNERS Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County Administrative Building, 107 North Kent Street. Name and Property Identification Number Address NameHummer, William J. F183 Madigan Lane Property#65-A-15 Winchester, VA 22602 NameEFG LC 332 Parkins Mill Road Property# 65-A-15C Winchester, VA 22602 NameKarki Prakash & Bastola Dhundy 5594 Crowley Pkwy Property#65-A-1 5A Whitestown, IN 46075 NameEspinosa, Diana Benitez 101 Parkwood Circle Property#65B-9-10 Winchester, VA 22602 Name Associated Investment Corp. 25 W. Main St Property#6513-9-1 Berryville, VA 22611 NameParsons, Stephen Douglas 2239 Senseny Road Property#65-A-34 Winchester, VA 22602 NameLynnehaven HOA c/o Coventry Group Prop. Mgmt Inc Property#55K-1-1-24A PO Box 2580 Winchester, VA 22604 Name Property# Name Property# 16 COGS Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester,Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents That: Karen Dondero Name of Property Owner/Applicant Please note: If the property owner/applicant is an entity,the name of the entity should appear above. If multiple persons own the property or are applicants,an executed power of attorney from each owner will be needed. 305 Senseny Glen Dr Winchester Va 22602 540-533-2044 Mailing Address of Property Owner/Applicant Telephone Number as owner of,or applicant with respect to,the tract(s)or parcel(s)of land in Frederick County, Virginia,identified by following property identification numbers: 65-A-16 do hereby make,constitute,and appoint: Ken Dondero Name of Attorney-In-Fact 305 Senseny Glen Dr Winchester Va 22602 571-233-1188 Mailing Address of Attorney-In-Fact Telephone Number to act as my true and lawful attorney-in-fact for and in my name, place,and stead,with the same full power and authority I would have if acting personally,to file and act on my behalf with respect to application with Frederick County,Virginia for the followfor the above identified property: Q✓ Rezoning in , Subdivision Conditional Use Permit F] Site Plan Master Development Plan(prelim.or final) F] Variance or Zoning Appeal and,further,my attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This appointment shall expire one year from the day that it is signed,or at such sooner time as I otherwise rescind or modify it. Signature Title(if State of V l Yrs y 1 1'1 1 l� ,County/City of r F ,r 1 l , To wit: a Notary Public in and for the jurisdiction aforesaid, certify that the person who signed the foregoing instrument personally appeared befpre me and has acknowledged the me before me in the jurisdiction aforesaid this day of I ,20_. I, _ - My Commission Expires: I , 2�2. Notary. Registration Number: GMHME S.MUFULL0404ZALEZ NDTAW PUBLIC AM alp C AWENXH OF VM" MTVVW8WNE*MJULY31,1= `c� coG Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.fcva.us / 4 Department of Planning& Development, County of Frederick, Virginia 107 North Kent Street,Winchester,Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents That: Victor Cruz Name of Property Owner/Applicant Please note: If the property owner/applicant is an entity,the name of the entity should appear above. If multiple persons own the property or are applicants,an executed power of attorney from each owner will be needed. 310 Senseny Glen Dr Winchester Va 22602 703-928-1978 Mailing Address of Property Owner/Applicant Telephone Number as owner of,or applicant with respect to,the tract(s) or parcel(s) of land in Frederick County, Virginia,identified by following property identification numbers: 65-A-16 do hereby make,constitute,and appoint: Ken Dondero Name of Attomey-In-Fact 305 Senseny Glen Dr Winchester Va 22602 571-233-1188 Mailing Address of Attorney-In-Fact Telephone Number to act as my true and lawful attorney-in-fact for and in my name,place,and stead,with the same full power and authority I would have if acting personally,to file and act on my behalf with respect to application with Frederick County,Virginia for the followfor the above identified property: ZRezoning i7l Subdivision ✓.7I/ Conditional Use Permit ZSite Plan Master Development Plan(prelim.or final) 0✓ Variance or Zoning Appeal and,further,my attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: N/A This appointment shall expire one year from the day that it is signed,or at such sooner time as I otherwise rescind 9r modify it. Signature Title(if sifflbehalf of an entity) p State of NJ;,L&iNI', , County/City of FofrA4. _,To wit: a Notary Public in and for the jurisdiction aforesaid,certify that the person who signed t e foregoing instrument personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this Q diAtot+� a L1 ,20a-.-2>° �i ,,pFRE/V,, �., .... Iy 0 rots( xpires: DT b"a DZ"A ry Public J.'•Regti Ir: �143951oa1a �. AEG.# :tr$ MYCOMM EXFgRE �l�K coG Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.fcva.us Department of Planning & Development, County of Frederick,Virginia 107 North Kent Street, Winchester,Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents That: Patricia Cruz Name of Property Owner/Applicant Please note: If the property owner/applicant is an entity,the name of the entity should appear above. If multiple persons own the property or are applicants,an executed power of attorney from each owner will be needed. 310 Senseny Glen Dr Winchester Va 22602 540-974-2808 Mailing Address of Property Owner/Applicant Telephone Number as owner of,or applicant with respect to,the tract(s)or parcel(s)of land in Frederick County, Virginia,identified by following property identification numbers: 65-A-16 do hereby make,constitute,and appoint: Ken Dondero Name of Attorney-In-Fact 305 Senseny Glen Dr Winchester Va 22602 571-233-1188 Mailing Address of Attomey-In-Fact Telephone Number to act as my true and lawful attorney-in-fact for and in my name,place,and stead,with the same full power and authority I would have if acting personally,to file and act on my behalf with respect to application with Frederick County,Virginia for the follow n ,for the above identified property: ZRezoning Subdivision 8 Conditional Use Permit Q Site Plan Master Development Plan(prelim.or final) ❑✓ Variance or Zoning Appeal and,further,my attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: N/A This appointment shall expire one year from the day that it is signed, or at such sooner time as I otherwise rescind or modify it. Signature I Title(if signing on behalf of an entity) _ n State of 1 r 1[� a— ,County/City of l iIaf- To wit: 1� •1 O Vt7YV]mk ,a Notary Public in and for the jurisdiction aforesaid, certify that the person who signed the foregoing instrument personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this 1-7 day of , 202 i!oie My Commission Expires:114\q 3 It C) 249 Notary Public �'''r�"` r egistration Number: 6?61 gf f RGINtA Of Iypnoll\44 Ni NO ti41E615T tissos 414141111, l l l l i Eu I I I I I I f I I I I i I I I I I I I I I x h2r �. °ni \ �_'�-��_ --___--- __-*•--_-_ I_ � 'l. I -''III - I # III ,I �a€ � - c 419 co g$ ♦ � a I I I I to r\\ I r = 1 / S r i I I r� - I - I m I I z� I Zo I Itu xw cZi-� Zo I an co m� Fns I �y i oZt I �u O fn � pZ I CO o i IN I I { 210006420 Prepared by: McCarthy&Akers,P.L.C. J.Douglas McCarthy,Esq.,VSB No.65713 Return to: RGS Title,LLC 500 West Jubal Early Drive,#100 W CO Winchester,VA 22601 Grantees'address: ��!✓ruZ 3 iD$$2A5 n y I-N D r ta;�I�sf�er VOL a� Consideration: $319,900.00 Assessment: Sjejq1060-w1 Parcel ID: 21178 Ko o Tide Insurer: Title Resource Gauranty Company ITUS DEED OF BARGAIN AND SALE, made and dated this 15 day of 2021, by and between Senseny. LLC, a Virginia Limited Liability Company, hereinafter called the Grantor, and Kenneth R. Dondero and Karen A. Dondero,husband and wife and Victor S.Cruz and Patricia A.Cruz,husband and wife, I hereinafter called the Grantees. . WITNESSETH:That for and inconsideration of the sum of One Dollar and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor do hereby grant and convey,with General Warranty and English covenants of title unto the Grantees,as Kenneth R.Dondero and Karen A.Dondero,husband and wife as to 50%ownership as tenants by the entirety with the common law right of survivorship and Victor S. Cruz and Patricia A. Cruz,husband and wife as to a 50%ownership as tenants by the entirety with the common law right of survivorship,tenants in common as to the whole,in fee simple,all of the following described realty,to-wit: All that certain parcel of land containing 4.748 acres,more or Iess,lying and being situate about two (2) miles east of Winchester in Red Bud (formerly Shawnee) Magisterial 'District, Frederick County, Virginia, shown as "4.748 ACRES (ADJUSTED)" on Sheet 5 of 6 of the plat entitled,"Boundary Line.Adjustment Between the Lands of William H. Madigan,Anderson Farm,LLC,and Robert C.Hummer and Barbara M. Hummer,Trustees"made by P.Duane Brown,L.S.,dated March 25,2010, and attached to Deed of Exchange; Deed of Gift of Boundary Line ® Adjustments and 'Consolidations; Deed of Easements; and Road Maintenance Agreement recorded in Instrument Number 100007026, Pnparrd b/: 61 rG &Alaa..s— PLC- V2 W-Carare�rrn Smut 1 PLC- V2 B W.A—,VA 2MI among the land records of Frederick County, Virginia. -o c-1 AND BEING the same property conveyed by Robin G.J.Bentley and Lou W Ann Thompson unto Senseny,LLC,a Virginia limited liability company by virtue of a deed dated April 5, 2021'and recorded April 5, 2021 in Instrument.Number 210005731 among the land records of the Clerk's Office of the Circuit Court of Frederick County,Virginia. Reference is hereby made to the aforesaid instruments and the references therein contained for more particular descriptions of the property herein conveyed. This conveyance is made subject to all easements,rights of way and restrictions of record,affecting the subject property. WITNESS the following signatures and seals: Senseny,LLC,it Virg' 'a Limited Liability Company By: (SEAL) Robin en ey, em er anager By (SEAL) 4mimliiwnager,Grantor COMMONWEALTH OF VIWINIA; CITY/COUNTY OF to-wit: The foregoing instrument was acknowledged before me this �S day of 2021 by Robin G. J. Bentley and Lou Ann Thompson, Member/Managers of Senseny,LLC. My commission expires: My commission number: •`'�NEN AKF�.,� ;3y��Q. ....tiRs ® z �-os�o�:2 i NOTARY P BLIC P-P.ndq: MCa'dry SAk<n,YJ.G 4'. Ano.yeJG.a9nsL.. �• O�� 2 VIRGINIA:FREDERICK COUNTY.SCT. mow, A` t .Cpl "•P�'�� This instrument of writing was produ:ed to me on ,� �dOMIVE �.� rrtrrnnrs` at ]M. and with certificate acknowledgement the to annexed was admitted to record.Tax Imposed by Sec 58.1.802 of $ ?A(2.,and 59.1-801 have been paid,if assessable. Clerk A Copy Attest: Frederick County Circuit Court Rebecca P Horgan, Clerk (ly WD(ep44 2/6/23,4:27 PM Frederick County Taxes Paid COUNTY OF FREDERICK P.O.BOX 225 WINCHESTER,VA 22604-0225 40 C.WILLIAM ORNDOFF,JR Real Estate Taxes Paid for Tax Year 2022 Map Number: 65 A 16 Account#: 8021178 Depth Ticket## Scgl# Owner Bill D:Uc Description Tai Paid Name CRUZ VICTOR S RE2022 8745 1 & 4/25/2022 4.75 ACRES $591.70 PATRICIA A CRUZ VICTOR S RE2022 8745 2& 4/25/2022 4.75 ACRES $591.70 PATRICIA A Total Paid: $1,183.40 This amount represents payments applied during calendar year 2022 and does not include Penalty, Interest or Credit Card Fees. Close this Window Print This Page https://fctaxes.co.frederick.va.us/Applications[TR_PayTaxes/PrintYear]yTaxes.aspx 1/1