HomeMy WebLinkAbout04-13 Application. , K c _ -� � a RECOPY
r .o
COUNTY ;of .FREDERICK
Depdrtdient -6f Plann"ing and bvVelopment
540/665-5651
FAX: 54016615-6395
October 11, 201.3
Mr. Evan Wyatt, AtCP
Gteenway Engineering
151 Wi.n,dy,Hill Lane
Winchester, VA, 22602
REc REZONING #044,1 THE OVERLOOK
PINS: 55-A-161,.55--,k-i65A-,55-A7l66,5$-A-167;55-A-167A,55-A-168,55-A-174A;55,-A-
174 . B, 55 -A -1741), ANJ)�, A P , O#TI ON OF 55-A-165
Dear Evan:
'This letter serves to confirm action taken by,the Frederick Couiity Board'of 'Supervisors at-their meeting on
October 9,,2013,.. The above7tef6renced applicatJon was a proved', to rezone -55:46 as follows: .1.4.18 3:ff,acres
from ,R,P-'(Resideritial,P6rf6rmahce)'Distri,ct to RA; (Rural Areas) District; 7.098± acres from RP (Residential.
Performance) District to B2 (Genera Business) i
. - . , - . - I ) Distr ct; 10.0404 acres from RA (Rural, Areas) District to RP
(R,egidential Performance) District; and' 24.:145± -acres remaining � as RP (Residential Performance) District
with proffers: The properties are located on the south side iofBerryy jle Pikd, (U.S. Route 7)near and adjoining.
the Valley Mill Road, intersection:
The proffer statement originally dated November 11, 20.12; with 'fiiidl.,reVisioh date of May 27, 201'3, that was
approved as a part of this.rezoning, application. is unique to the above; referenced' properties and :is binding
regardless ofowhet§hip. Eh 6losed. is a. copy of the adopted proffer statement f6r"y
pur records. Punua t to
§165J02.06E, the County Attorne'y"will" Hick County present the written proffer to thi Frederick Clerk of e
'Circuit Court for recordation.
Please do not'hesitate to contact this office if you have any questions fegatiling the approval of this rezoning
application;
Sincerely,
Mi6habj T. Ruddy, AICP'
Deputy Director'
N4.TFJ*'pd
Attachment
cc: Christopher Collins, Supervisor Red Bud District
Charles Dunlap and Christopher Mohn, Red Bud District Planning Commissioners
Jane Anderson, Real, Estate
Ellen Murphy, Commissioner of Revenue
Rod Williams, County,.Attorney W/Proiffbf and-Resolution
Timothy and,.M6fyStafford', 1494 Valley Mill` Road, Winchester; VA 22602
y
107 North kept Street, Suite 202. - Winchester, Yik;ginia'22601-5000
REZONING APPLICATION #04 -13
The Overlook
Staff Report for the Board of Supervisors.
Prepared: September 30, 2013"
Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director
Reviewed Action
Planning Commission: 09/18/13 Recommended Approval
Board'of'Supervisors: 10/09%13' Pending
PROPOSAL: To rezone.-55.46 acres as follows: 14.1.83± acres from RP (Residential Performance)
District to RA (Rural Areas),13 stfict; 7.098± acres from RP.1(Residential Performance) District to B2
(General Business) ;Distri`et; 10 040 acres from RA (Rural Areas) District to RP (Residential
Performance) District; and 24.1.45 acres remaining as RP (Residential Perfonnance) District.
LOCATION: The property is located on the south aide of:Berryville Pike (U.S. Route 7) near- -and
adjoining the Valley Mill Road intersection.
UPDATE,.EXECUTIVE 'SUNI -MARY & PLANNING, COMMISSION RECOMMENDATION
FOR. THE 10%09/1-3 BOARD OF SUPERVISORS 1VIEETING::
The Planning: Commissibryunan mouslyrecommended approval of the Overlook rezoning'application
with the proffers submitted by the Applicant.. The application was recognized as being generally
consistent with future:land use, designations of the 2030 Comprehensive Plan. More. specifically; the
commercial land use adjaceritto Valley Mill Road in.proximityto Route 7 and the residential land uses
also along Valley Mill;. Road ;and. to the interior of the-project. are% consistent with the Senseny /Eastern
Frederick Urban Areas Plan which provides guidance on the future development of the property.
.The impacts associated with. this rezoning request have generally been addressed; in particular, the
transportation .improvements proposed which are substantial and. further. the County's long range
trans portati'on;efforts •A couple.of elements ofthe rezoning'application were identified' by Staff that the
Planning Commission recognized. during their consideration of this request. The most recent
Development :Impact Model- output identifyigg. the impacts to community, facilities is not recognized
and: the number of entrances -to the project-from Valley Mi11;Road:; as;pointed out by Mr. Bishop, should
be evaluated. With :regards to the DIM values; the Applicant recognized that they -were working. on
finalizing the proffer statement at the time the Board of Supervisors adopted the 2013 DIM
expectations„ and they did not feel they needed to change the values from the 2012 values to the 2013
values:. Based on the,' potential number of units modeled in the Impact Analysis (270), the -monetary
difference between the 2012 and 2013 values is, in the approximate range of a $191,160 to $366,120
deficit impact; on eommunityfacilities; depending on unit type and overall density.,
Confinnation of these items, and any issues raised 'by the Board, should. be addressed prior to the
decision of the Board of 'Supervisors.
Rezoning #04 -13 The Overlook,
Sept&nlier 30; 2013
,Page 2
red public hearing; a recommendation reParding this rez,
isorss,would be appropriate...'Theapplicant should be pre
address-ad concerns raised by the Board of Supervisors.
cation to
.Rezoning, #04-13 The Overlook
September 30 20.13
Page 3
This report is' prepared by the Frederick County' Planning Staff to provide .information to the
Plat it; Commission and the Board of Supervisors lo assist them in making a decision on this
application. It may also be useful to others interested in this zoning matter. Unresolved issues
concerning this applicatioti are,noted by staff where relevant throughout this staff report.
.Reviewed Action
Planning Commission: ' 09/18/13 Recommended Approval
Board of Supervisors: 1.0/09/13 Pending
PROPOSAL: To rezone 55.46 acres as follows: 14:183± acres from RP (Residential Performance)
District toRA (Rural Areas) District; 7.098± acres from RP (Residential Performance) District to B2
(General Business) District 10.040± acres from RA (Rural Areas) District to RP (Residential
Performance) District; 24,145 ±'acres remaining as RP (Residential Performance) District.
LOCATION:. The property is.on ,the south side of Berryville Pike (U.S., Route 7) near and adjoining
the Valley Mill Road intersection.
MAGISTERIAL DISTRICT': Red. Bud
PROPERTY ID-NUMBERS: 55 -A -161,, 55- A -165A, 55 -A -166, 55 -A =167, 55- A -167A, 55 -A -168,
55- A -174A, 55= A-174% 55 -A -17413, and 55 -A -165 a portion.
PROPERTY ZONING: RA (Rural Areas) District and. RP ,(Residential Performance) District.
PRESENT 'USE; Residential; agricultural, and vacant.
ADJOINING PROPERTY'ZONING& PRESENT USE:
North:
RA (Rural Areas)
Use:
Residential
'South:
RA.(Rural Areas)
Use.-
Residential and,Agri cultural
East:
RA (Rural Areas)
Use:
Residential
West:
1VMH.1 (Mobile Home Community)
Use:
Mobile Home Community
•
Rezoning #04-13. The Overlook
September 3Q; 213
Page 4
REVIEW EVALUATIONS.
9
Virginia Dept-.,:of Transportation: Please see attached comments dated July 1, 2013, from Matthew
Smith, VDOT.
Fire and Rescue: Plan approved.
Public Works Department No comments at this "time.
Department of Inspections: No Comments.,
Frederick County Sanitation Authority: Please see attached letter dated November 27, 2012, fi °om
Uwe E. Weindel, PE.
Service Authority: Please see attached letter date November 28, 2012, from Jesse W Moffett,
Executive Director.
Frederick- Winchester Health Department: No Comment.
Parks & :Recreation:. The: applicant Is addressing the Community (County) Development Impact
Model for Parks and Recreation as addressed in the Impact Analysis'statement dated 1.1/11/12.
Winchester:Regional.Airport: "Plcase,see attached - letter dated Jdniiary 16, 2013, from S. R. Manuel,
Executive Director.
Frederick. County Attorney: Please see attached comment dated June 21, 2013, from,Rod Williams,
County Attorney.,
Frederick County Public, School: Please, see attached letter dated February 19; 2013, from K. Wayne
Lee; Jr.,. LEED GA.
Historic Resources-Advisory Hoard: No comments.
Planning &'Zoning:
1) Site History,
In 2007, the Board. of °Supervisors approved.a request to rezone 30.26 acres from RA (Rural
Areas) District to RP (Residential Performance) District, and 15.18 acres from MH 1 (Mobile
Home Community) District to RP (Residential Performance) District, totaling 45.44 acres, with
proffers, for 'up to 240 single family attached townhouses. This rezoning application,
Rezoning #12 =06, was approved on July 25, 2007. In essence, this rezoning application
(Rezoning #04 -13) is a reprogramming of Rezoning #12 -06.
Rezoning #04-13 The Overlook
September 30, 2013 .
Page 5
The original Frederick County7or ing Map (U.S.G.S. Stephenson Quadrangle) identified the
parcels for which the; rezoning is being requested. as being zoned a combination of A -1
Agricultural and MH Mobile Home zoning classifications. The County's A -1 and A -2
agricultural zoning ,districts were combined to form the RA (Rural Areas) District upon
adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The
corresponding r`evisiori.of the. zoning map resulted in the of the subject properties
and. all other A -1 and A -2 zoned land to the RA (Rural.Areas) District. The Mobile Home
designation encompassed' the original boundaries of the Blue Ridge Mobile Home, Park.
The mostrecent.Site -.Plan for the development of the remaining areas, of the B1ue.Ridge.Mobile
Home .Park was approved by the County on July. 30, 1 '987. In 2005, a Boundary Line
Adjustment plat was:approved by the County that'reorganzed the parcels that made up rezoning
request Rez6ning #:12 -06. Parcels 55- A= 1611, 55 -A -165,; 55 -A -166, 5'S -A -167, 55- A -167A, 5'S-
A -1 -74A maintained the RA zoning classification.,Parcel.s 55 -A -.168 and 55- A -174D maintained
the'MH1,, zoning :cl'assifi'cation. Parcel 55- A -174A contains both the M141 and RA zoning
classification. The approval of this rezoning request would place all of theproperties entirely
into the RP'zoning,elassification. As stated previously.' Rezoning #12 -06 was approved on,July.
25, 2007 by the,Board of Supervisors.
2) Comprehensive Policy Plan
The 2030 :Comprehensive Plan is the guide for the future growth of Frederick County.
The 2030 Comprehensive Plan and the Senseny /Eastern Frederick Urban Areas Plan provide
guidance on the.future development of the property. App_ endix. I includes the Senseny /Eastern
Frederick Urban 'Areas Plan as an approved Area Plan.
The property is located: in the UDA (Urban Development Area) and the SWSA (Sewer and
Water Service Area).
The 2030 Comprehensive Plan identifies the general, area including and surrounding this
property with a residential land,use.des gnation. In general,, the. proposed�residential-desi 'gnation.
for1his property: s consistent with this residential land'use designation of the Comprehensive
.Plan. In. addition, a small area of commercial land use is identified on this property at the
intersection'of th'e related Valley Mill Road and Route 7, south of the environmental features
that run parallel." to Route 7. This area of commercial land `use -is consistent with the commercial
designation i'deiififi'ed in the Plan.
The anticipated residential density 'is consistent . with the residential densities of the RP
(Residential Performance.) section of the Zoning Ordinance, which was recently updated in
implementation, of the Comprehensive Plan. ,In addition, the, introduction of a small area of
commercial land use provides for a mix of uses in conjunction with each other, also an element
of the 203 0 Comprehensive Plan.
0 6.
Rezoning #04 -13 The Overlook
September 30, 2013
Page 6
3) Site Suitability /Environment
The Overlook site- has been identified as a site typical of the Martinsburg Shale Region with
steeply eroded side slopes and reasonably level plain areas. This is an accurate identification
that-presents challengesw 'hen planning the development program for this property. Ash Hollow
Run parallels Route Talong the entire frontage ofthe property. Abram's Creek forms a portion
of the .eastern boundary of the property. Apond is' located central to the property. These features
and their associated.slopes. natural .drainage ways, and tloodplains warrant particular attention
and provide an opportunity, for enhanced protection: of the riparian corridor. The site is
predominantly heav lywooded. The application proposes development of a greater intensity-in
the.reasonably level wooded areas and offers areas that-will be set aside for environmental and
open space purposes. The reversion of a portion of the land to the rural areas ensures the
conservation of open. areas and preservation of Valley';Mill farm, a significant historical and
agricultural resource 4n this area:,
The Comprehensive;Plan identifies the preservation ofthe stream valleys as environmental open
space as an important goal Ghat contributes to the protection of flood plains and water quality
and provides a continuous system of green open space. The application minimizes the impact to
the identified environmental features.
4) Potential Impacts
A. Transportation
The Frederick County Eastern Road Plan provides the guidance regarding future arterial and
collector road connections in the eastern portion of the County, by identifying, needed.
connections -and locations. Plans for new development should provide for the right -of -ways
necessary to implement- planned road improvements and new roads shown on the road plan
should,be constructed.by the,'developer when warranted.by the;scale, intensity, or impacts of the
development. Existing roads should be improved as necessary by adjacent development to
implement the intentions of-the plan
Route '7 is, an arterial.road whose character should .be, fully recognized in any, rezoning
application. Route Tis characterized with high volumes:oftraffi'c-traveling aerates of speed in
excess of 55 .miles per hour. Access management is a key consideration.
Valley Mill Road is, identified as- an improved .major collector road in'the County's Eastern
Road Plan. In addition, Valley Mill Road is shown as being relocated on a new alignmentto, a
new location approximately 800 feet west on Route 7.
New development in the Urban pevelop'ment Area should only be approved when roads and
other infrastructure; with' -sufficient capacity have been provided. The Comprehensive Plan
identifies that _a levelof service "C.", should- he•maintained on roads adjacent to and within new
developments and that. traffic analysis should be provided by the applicants to ensure that
Rezoning. #04-1,Y Tfie Overlook.
S' eptember'10,11,= 20`13°
Page '7
needed: road .improv.ements ";are identified in order to maintain or °improve upon.'the level of
service: In somejcases new,developmetit may need tocontributeto the provision, construction,
,,or improvement ;o£foads,thaf:,are,not adjacent °to:the development. In such cases; developments
should contribute °their fair share costs of:r_.oad.mprovementsneeded to accommodateahe traffic
generated by a particular development.
Tt,AMe. fin! pact Analysis
The Traffic Impact Analysis (.TIA)' prepared "for this project, ,d'ated'November 9, 201T2,.and i
revised' Jiune 5 ; 20:1:3' projected "that the development of,270 residential dwelling, units and
35300 square feet of corninercial land use would generatet 1,348 vehicle trips pet day..
The. TIA concludes, that the traffic impacts associated with The Overlook applicati °on are
acceptable, and manageable, assuming suggested improvements are in place Suggested
improvements. n6 de the si'gnalization of the; intersection of Route,655, Valley-Mill Road with
Roufe;7..The TIA ed `nfifie'sthat thiOntersectionWill function at an ;acceptable -level of service
with the:. suggested inprovgments. The A' . licant. has provided for the signalization of the
entrance to the: commercial l'and'bay if warranted, and approved by VDOT.
As noted.'previously-, the Or Plan ;identifies that z, level of service "C" should be
maintained and°that traffic analysis should be°provided bytheapplcants to ensure thatneeded
•road improv,,ements are idenfi`fied in order to maintain or, improve upon the level of service..
`Trarispot.tation. Program
The,,Generalized.Developn ent Plan. for The Overlook delitieatesthe9general public road system
that will erve'fhe residential and commercial development: Primaryaccess to. the site:is from a
relocated and realigned.Route 659; Valley Mill Road. knew intersect'i'on ofValley Mill Road
.arid Route 7 'is proposed, to :be established ;approximately 800 feet west" of its current.
intersection. Tb existing portion of Valley_ , Mill, nad� including the, existing one lane bridge
crossing of Abrams Creek, is proposed to abandoned:. The, existing median crossover within
Route: 7 at Mall' -ey Mill' Road; is proposed to be closed.'
•
Theappl cations proffer'includ'es the construction ofwa traffic signal:at theintersection of Valley
Mi11 Road andRouW7 and'al:1 associated improvements within: Route 7:
The,2'03Ot W'ft tehensive. P1 "an promotes an effort to .enhance; and relocate ValleyMill Road, so
that it !serves.Fas, a major collector road. The, Senseny/Eastern Frederick. Urban Areas Plan
indicates tfie relocation and realignment of Valley 1VIi1l -Road to provide the potential fora future
alignment with, the. future' Route 37 ramps on° the north, side,, - f Route 7. This application
implements 'the!transportation,goals ofth'e 2030 Comprehensive:Plan,
Private inter, parcel .access4c commodations. have been. included m`the,proffers,to provide access.
between_ the commercial landbay and the, adjacent BlueRdge Mobile Home'Park property;No
other infernal, streets have been identified in the GDP. Other opportunities may exist .for. inter
parcel connectivity, with the future development of`the.properfy,
'F:
• i
Rezoning #04, -13; TheeOyerlook.
Sepiemb&r 30, 20,13`
;Page
B Sewer and Water
The.O.veilook rezoning proposal is estimated to require approximately 66,135 gallons,, °per dayof
water'usage •and approximately 66,135 gallons; per day of wastewater. The Frederick County.
Sanitation Authonty will,serve the'property and fhe wastewater flow from the site will go to the
Op
equon Wastewater' Treatment Plant.
C: Commumty _Facilities;
The comment provid-e"d byvth`e °Frederick County Public •S'chools. anticipates that, the proposed
270 detached single family units will, yield 127 students; 3`81 high school students, 3°l. middle 11.
j' school istudents and.58 elementary school`students. Theicumu'lative impact ofthis`project; and
others of similar ,nature, will necessitate the future construction of new school facilities to
accomrn`odate`increased student enrollments: The impact of this rezoning on current °and future
school,needs should;be,considered during`the approval process..
The.Frederick County Development 'Imp(ct Model is.a foolthat is; used to identify the capital
costs _associated Wilk various types of development proposals presented to the County. The
projected costs lo Fire, and: Rescue,. Public Schools, Parks and Recreation, Library, Sheriffs
Office and for the Administration Building-,are calculated: and made available to ;rezon, ing
:applicants for their consi'deration.Nostrecently; the DIM ;update was approved by the Board of
Supervisors on)un.p 12, 2013::. The�20,13 update of. the-Development Impact Model has.not been
followed by the Applicant in this, submission T..he Applicant has followed, ithe 2012
Development Im ,act 'Model out tits and et to a date thou lkation based on its time of
� p P p� . yet p pA .,. .. -
submission. Based oii the 20131, update ; "them'impacts,ass' ted;with residential projects are,
i fixed at $19;600 for .single -family detached,residenhal units, $13;062 for single family
attached;resideintial' dwelling units, and $11,339 for multifamily units.
sj Proffer- Statement — Dat'ed. November t l , 201,1'.2`, (Revised May. 27, '2013)
A-.3 ,Generalized, Develol ment.Plan
T_he .Applicant has provided, a. Generalized Development Plan for the purpose of
identifying tho'general configuration of the�relocated Valley Road,providing access
�.
to the project, xesrde_ntial and commercial land use areas; ,the 1?icycle aril pedestrian
facilipy and 4'p ii "space and,reseruation. areas: within. The Overlook development: The
GDP. may be -utilized; to a greater° extent to more clearly' address the sensitive
environmental :features on the propert yandthe buffering of the adiacent.residential uses.
B. Land,Use
In. addition to; the residential land uses, jhe Applicant has committed to a,maximum of
SQ;OO.Q square feetof gross commercial' flaorarea. TheApplicant has also provided for
rural area land,uses�east of relocated Valley Mill Roadiil support of the existing Valley
Mill Farm, preserving-the character of `this farm, and historical resource.,
Rezoning; #04- 13`The Overlook
September 30, 2013
Page 9
C: "'Transportation
a. The Applicant has proffered a. substantial transportation improvement package. All
:right of way necessary for the relocation. of.the ultimate section of Valley Mill Road
through the property, and right of way necessary to allow the intersection of relocated
Valley Mill, Road and Route 7 to be constructed :s proffered. to be: dedicated to the
County.
b. The :construction of the ultimate section of relocated Valley Mill Road between Route 7
and'the full, access entrance to "the commercial land bays, and a two lane section of
:relocated Valley,'Mill Road from this full access commercial entrance to the existing
Valley Mill Road is proffered to occur in conjunction with the first phase of
development on the property. At the same time,., the Applicant shall design and construct
theremoval of the existing section of Valley Mill. Road in a manner thatis acceptable to
VDOT.
c,: Proffered improvements within Route 7 to allow for the signalization of the
I intersectiomo.f 'located Valley Mill Road and Route 7 i ncludeall median crossings and
associated turn, lanes and the. removal, of-the existing; median crossover, in addition to
the signalizaton of thi's intersection.
d. The Applicant has by proffer established. the ability to construct a total of four
{ .entrances to the project. from Valley Mill Road; ahree entrances for the residential
portion of the -development, and one entrance for the commercial part of the
i development. Please.see Mr. Bishop's corriment'regarding the number of entrances
proposed.
e. If necessary, warranted, and permitted by VDOT, the .Applicant has proffered for the
signalization of'the entrance to the commercial' land bay from relocated Valley Mill
Road: Please see llMn Matthew Smith, VDOT's comment regarding the signalization
of this, entrance..
i
I
L Bicycle; and pedestrian accommodations have: been proffered generally along Valley
Mill Road, Tinto the commercial land bay, and to the adjacent property to the west. This
is depicted :on the Generalized Development Plan for this project:
M Access.Management
The.Applicant has'provided for inter parcel access-between the commercial land bay and
the adjacent Blue Ridge Mobile Home .Park to the east by proffering to provide an
easement to allow' a private access drive `to be constructed by others.
Rezoning #04 -13 The Overlook
September 3.0,'20;1`3
Page. 10
E. Community Facilities
The,Applicant has proffered a:monetary °contribution totaling $18,507 for each single
amilly,dwell ng °unit, $`12,35°4 for each single family,attached dwe'llin&unit,,and $9,983
for each aparfrrient:dwel ling ,unit;;and potential.a' ve retail residential unit'to,offset the
capital eosts'associated with this request:
The Development;hnpact IV1ode1(DIM)` i's updated, annually .with'the7mostreeentupdate
being approved by the,Board of Supervisors on June 1;2, 2,013. Please: note that the
m'onetary;con'tributions proffered,by iheAppli gilt to.offset the communityfaeility
impacts, do,notxefleet the current` DIM. An adjustment to the monetary contributions
i to, reflect the eurrentDIM at the time of.application would be appropriate.
The Applicant has,proposed a.reduction iri ihe,proffered monetary contributions should.
age restricted residential units be developed. on therproperty.
t '
EXECUTIVE' SUMMARY & STAFF CONCLUS'ION TOR THE 09%18%13 PLANNING
COMMISSION. MEETING
The Overlook rezoriing,appli`cation is generally consistent with future =land use:designations -of the 2030
Comprehensive Plan. More! -spec icalf the commerc-'ial land use adjacent to Valley Mill Road in
proximityao Route 7 and the residentia 1, land.uses:al'so,alongVdlley,'ill Road and`to theinterior ofthe
project are. consistent" with the Senseny %Eastern Freden'ck'Urbap,Areas,Plan which provides guidance on
the future development of the property;
The impacts associated with this ,rezoning request have generally been addressed; °.in particular, the
transportation improvements ;proposed' which are; substantial and ,further the County'`s long range
transportation efforts: A couple -of elements of the rezoning application have been identified °that should
be recognized by the Planning Commission during your consid`erafion of°thisrequest. The most recent:
Development Impact'IVlodel, output idenfifying the; impacts +to community;facilities , is notrecognized
and the numberof etitrarices'fo fhe project from Valley'Mill Road, 'as pointed out by Mr: Bishop; should.
he ,evaluated.
Confirmation of these'iterns; arid;ariyissues raised by -the Planing' '.Commission; should be addressed
;pri'or'to the decision`ofthe Planning Commission.
the, Board of.Supervisors *dald. be,appropriate: The, applicant, hi)uld be prepared:to.addguately
,dddress'a'll concerns;.raised by the Planning C6nzniissi6n.
0 6
Rezoning, #04 -13'The Overlook
September 30, 2013
Page 11
PLANNING COMMISSION SUMMARY & ACTION OF THE 09/18/13 MEETING:
The applicant's representative, Mr. Evan Wyatt,, provided a brief history of the project,from its origins
with the Carriage.Park rezoning•to °.the present: He reviewed the various features ofthe GDP for The
Overlook, as well as the noteworthy proffers, particularly-those affecting transportation: Regarding the
concern for;the,number of entrances along Valley M ll Road,,Mr Wyatt.said the distances,between their
entrances were actually twice the distances allowed by VDOT; he added the entrances will have turn
lanes, so through traffic along Valley Mill Road is not impeded by turning vehicles.. "Regarding the
issue of 2012 values for•the fiscal impact model, Mr: Wyatt said the applicant's rezoning package was
ready for submittal in March; however, the County Attoey preferred to see a revenue sharing
application referred to in the pro e ffer packag as a separate drnocument. Recognition of commercial credit
was also removed.from the application.
A Commission member said.he was contacted by a resident along Eddy Lane who was concerned about
the possibility of his property becoming, landlocked. Mr. Wyatt ,explained how the existing median .
would be removed and replaced.with anew median with a.traffic signal; he: said the improvements will
not land -Pock the resident..
Commission - members commented thatthis rezoning packagowas a vast improvement over the previous
submittal made back in :2007., Favorable comments were: made concerning the transportation
improvements proffered for The Overlook project.
There were. -no citizen comments, made, either in favor or opposition, during the public comments
portion: of the public hearing.
The Planning Commission:voted'unanimouslyto recommend ;approval of the rezoning with the. proffers
as -submitted. (Note: Commissioners Wilmot and Madagan were absent from the meeting.)
UPDATE, EXECUTIVE SUMMARY & PLANNING' COMMISSION RECOMMENDATION
FOR`THE 10/09/13 BOARD OF SUPERVISORS' MEETING:.
The Planning Commission unanimous lyrecommended approval of the Over] ook'rezoriing.application
with the proffers submitted by the Applicant. The application was.'recognized as being generally
consistent with future land: use designations of the 2030 Comprehensive Plan. More specifically, the
commercial land use adjacent to Valley Mill Road in proximity to Route Tand the residentialaand uses
also along Valley Mill Road and to the interior of the .project are.consistent with;the Senseny /Eastern
Frederick Urban Areas Plan which provides - guidance on, the future,development;.of the property:
Rezoning #04 -13 The'Overlook
September 30, 20.13
Page 12
The ;impacts associated with this rezoning request have generally been addressed; in particular, the
transportation improvements: proposed which are ,substantial !and further the County's long range
transportation efforis. A couple of elements of thexezoni"ng application were identified by Staff that -the
Planning Commission recognized during their consideration, of this request.. The most :recent
Development Impact Model output identifying the impacts'to community facilities is not recognized
andAhe number of entrances tothe project from Valley Mill Road, as pointed out byMr. Bishop, should
be evaluated With regards to the DIM values; the Applicant recognized that they were working on
finalizing the proffer statement at, the time the Board of Supervisors adopted the..2013 DIM
expectations, ,and they, did not; feel they needed to change the values from the 2012 values to the 2013
values. Based on the potential number of units modeled in the .Impact Analysis (270), the monetary
difference' between the'2012 and 2013 values is'in the approximate range of a $191,160 to $366,120
deficit impact on community-facilities, depending on unit type and overall density.
Confirmation of these items; :and. any issues raised by the Board, should be addressed prior to the
decision of the Board of Supervisors.
a reeommendaiion,regardiinQ this °rezoning application to
address= all concerns ikaised by the Board of Supervisors.
Greenway Engineering November 11, 2012 The overlook Rezoning -
Revised.May 27;'2013
THE OVERLOOK - PROFFER STATEMENT
REZONING:- RZ#
Residential. Performance (RP) and Rural Areas (RA)
to Business General (132) and Residential Performance (RP)
PROPERTY: 55.46 + /- acres;
Tax Parcels 55-A.-161,155-A-165 (portion), 55- A -165A,
55 -A -166, 55 -A -`167, 55- A -167A, 55-A-168,55- A- 1,74A,
55- A -174B, 55-A_ -174D
RECORD: OWNER: Timothy and Mary Stafford_ & Valley Mill Farm, LC -
APPLICANT: Timothy and Mary Stafford.& Valley Mil Farm, LC';(here -in after
"Owner ")
PROJECT NAME: The Overlook
ORIGINAL DATE
-OF PROFFERS: November 11, 2012
REVISION DATE: May 27, 2013 .
`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 Owner hereby proffers that in the event the Board of Supervisors
of Frederick County, Virginia, shall approve Rezoning Application # for the
rezoning of 45.42± -acres of Residential Performance (RP) District with proffers and
10.04± -acres of Rural Areas (RA) District without proffers to 7.10± -acres of Business
General (132) District with. proffers, 34.18± =acres of Residential Performance (RP)
District with proffers, and 14.18± -acres of Rural Areas (RA) District with proffers,
-'development of the subject properties (`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
the Owner and any legal successors -, heirs, or assigns.
The "Property, identified as The Overlook, and. more particularly described as the lands
owned..by Timothy and Mary Stafford, being all of Tax Map ,Parcels 55 -A -161-, 55 -A --
File #53015 /EAW j
Greenway Engineering, November 11,2012 The Overlook Rezoning
Revised "May 21,:201'3
165A, 55 -A -166; 55 -A -:167, 55- A467A, 55 -'A -168, 55- A -174A, 55- A -174B; '55 -A.
1741),. further as shown on plats entitled Boundary Survey Certain Properties of Blue..
Ridge Associates and Jerry" L. & Winifred D. Updyke, of the Remaining Lands of June
H. Russell, by Ebert and Associates dated February 13, 1998, and Valley Mill ,Farm; LC;
being a 10.04± acre portion of Tax Map Parcel 55 -A -165, further as ' shown on plat
entitled Plat Showing a. Boundary Survey of the Land :of, Valley Mill Farm, L.C., by .
Greenway Engineering dated February 14, 2001.
THE OVERLOOK - PROFFER STATEMENT
A. Generalized Development Plan
1) The. Owner hereby proffers -to develop the Property in substantial conformance
with the Generalized Development Plan (GDP) prepared by Greenway
Engineering, dated May 27, 2013, which is attached and' approved as part of this
rezoning application. The GDP isjntended. to delineate the general location of
the ''relocated 'Valley Mill Road :dedication area, the general -location of the `
existing Valley Mill Road abandonment-area, the general location.:of full access
entrances along the relocated Valley Mill Road, the general location of the
residential and commercial land bays, the general location of'the off- right -of -way
pedestrian and bicycle facility, the general location of the VDOT right-of-way .
dedication area along Berryville Pike (U.S. Route 7), and the general ,location°of
the property that is intended to be consolidated into the Valley Mill, Farm, L.C.
property, (Stafford Property). The 'final, location of the relocated' Valley Mill
,Road, thel Valley Mill Road abandonment area, the full access entrances,; the
residential and commercial land bays, the VDOT right -of -way dedication area
_along. Berryville Pike, and the consolidated property area can be adjusted • to
accommodate final engineering design requirements without the need to revise -
-the GDP provided that the final engineering design is consistent with the overall
layout depicted on the GDP.
B.. Transportation
;1) 'The: Owner hereby proffers to dedicate a right -of -way area for the relocated
Valley Mill Road through the limits of the Property sufficient for the construction
of two eastbound travel lanes; two westbound travel lanes; a center left turn lane;
right turn lanes at all .full access entrances; left, right, and through ,stacking lanes
for westbound traffic at the .intersection of Berryville Pike; and two receiving
lanes for eastbound traffic at the, intersection. of Berryville Pike. The dedicated
right -of -way shall include temporary construction easements and permanent slope
and drainage easements -adjacent to 'the dedicated right -of -way: The Owner shall'
prepare the right -of -way dedication plat that conveys this property to the County,
which shall be recorded prior to any development within the Property.
File #530 FS/EAW 2
Greenway;Engineering November 11, 2012 The overlook Rezoning
Revised May 27; 2013!
2) The Owner hereby proffers to limit access to the Property along Valley Mill Road
to a maximum of three full access entrances to the residential land bays and one
full access entrance to the commercial land bay. All full access: entrances: shall be
served `with a right turn lane and a left turn lane on the relocated Valley Mill Road
if warranted by VDOT. The location of these entrances shall be consistent with
the location of the entrances depicted on theproffered GDP.
3) The Owner hereby proffers to cause for the development of the ultimate section of .
the, ;relocated Valley Mill Road `between Berryville Pike and. the" access .
entrance to the commercial .land bay and for two lanes of the relocated Valley
Mill Road between the commercial land bay and the existing section of Valley
Mill Road. The improvements described, in this proffer section :shall be
constructed in conjunction with the first phase of development on the Property;
which shall be available for public .use at the time of issuance of the first .
occupancy permit within this phase. The construction of the improvements
described in this proffer section shall include design measures to properly remove
the existingsection of Valley Mill Road from service that is acceptable to VDOT.'.
4) The 'Owner hereby proffers to cause for the development of improvements - within
- `the Berryville Pike (U.S. Route 7) right -of -way to include traffic signalization and
a. new median crossing :at the intersection of'the relocated Valley. Mill Road, a left
turn and taper lane along the westbound travel lane, a right:turn and -taper lane: and
a left turn and taper lane along the eastbound travel lane,, and the closure:.of the
median crossing at the intersection of the existing Valley Mill Road.. These
improvements shall meet. VDOT design requirements and shall be constructed in
conjunction with the first phase of development on the Property., which shall be
available for public use at the time of issuance of the first occupancy ,permit
within "this phase.
5} The Owner hereby proffers to cause for the development of traffic signalization
improvements at the entrance to the commercial land bay located along Valley
Mill Road if warranted by VDOT. The Owner will ensure that VDOT is provided
With the appropriate traffic signalization. warrant analysis and' access management
exception request information at the, time of the site plan review process for each
development within the commercial land bay. If warranted, the traffic signal
design and construction costs will be the responsibility of the Owner of the
commercial land bay`.
6) The Owner hereby proffers to cause for the development of a. hard- surfaced
bicycle and pedestrian facility that is 10 feet in width and is located outside of the
public right-of-way. The bicycle and pedestrian facility is generally depicted on
the proffered GDP to .parallel the. relocated Valley Mill Road through the
residential land bays and to traverse the commercial land bay to connect to the,.
adjoining property. The bicycle and pedestrian facility is 'intended to be
constructed within. the active portion of the required road efficiency buffer
throughout the limits of the residential land bays during the. development of those
portions of the project, and - through the commercial land bay as described 'in
File; #53015 /EAw 3
Greenway Engineering November 11 ,2013 The Overlook Rezoning
Revised.May 27;.2013
Section C4 of the proffer statement. The Owner shall establish appropriate
documents for the maintenance of the bicycle and pedestrian facility and for
allowance of public use of the bicycle and pedestrian facility: The general
location of the bicycle and pedestrian facility depicted on the proffered GDP can
be revised during the site design process without the need to modify the. proffer
statement; provided that the revised location meets the intent of this proffer and is
determined to be acceptable by-the County:
C; Commercial Land Bay
1) The Owner hereby proffers to -limit. development within the. commercial land bay
to a maximum, of 5.0,000 square feet of gross floor area of commercial use. The
maximum square footage of development within the commercial land bay may be
increased to accommodate above- retail residential land use provided that °the
Owner ,can meet all applicable Zoning Ordinance requirements at the time of
development:
2) The Owner hereby proffers to utilize quality building materials for -the front and
sides of all commercial structures., Building materials for structures ,shall . be
limited to brick, stone, false - stone; cementuos siding, simulated stucco,. wood, and
glass.; and standing seam metal or dimensional shingle rooflines.
3) The Owner hereby proffers to provide inter- parcel connections .between all
properties and structures developed within the commercial land bay area.
4) The Owner hereby proffers to develop a pedestrian and bicycle path that will
traverse' the commercial land bay to allow non - vehicular access between the
'commercial land bay and the Blue Ridge Mobile Home Park. The bicycle path
shall be'constructed in conjunction with the development of the first commercial
Site Plan in this land bay. The pedestrian walkway shall be -10 feet in width and
constructed of concrete or asphalt.
5) The Owner hereby proffers to provide an ingress /egress easement- between the
developed portion of the commercial land bay and the Blue Ridge> Mobile, Home
Park that is of sufficient width to allow for the° development of a private access
drive to be constructed by others. The deed depicting the location of the
ingress /egress easement shall be, provided on the site plan for development within
the western. portion of the commercial land bay to allow for vehicular access`to
the commercial entrance at the relocated Valley Mill Road.
D. Monetary Proffers
1) The Applicant hereby .proffers to contribute the following monetary contributions
per each type of residential unit developed on the Property.
$18,507 per Single - Family Dwelling Unit
File #530.1'S /EAw 4
Greenway Engineering November, 1 t, 2012 The Overlook, Rezoning
Revised May27, 2013
$;12;354 per Townhouse Dwelling Unit
$9,98.3 per Apartment Dwelling Unit and Above - Retail. Residential. Unit
The monetary contributions intended to mitigate impacts to County services r
and shall be made payable to the. County prior to the issuance of the final
Occupancy Permit for each dwelling unit.,
2) . The Applicant hereby proffers to contribute the following monetary contributions
per each type of age- restricted residential, unit developed on the Property,:
$2,834 per Single - Family Dwelling Unit _
$2,153 per Townhouse Dwelling Unit
$2;160 per Apartment Dwelling,Uriivand Above- Retail Residential Unit
The monetary contributions are intended to mitigate impacts to County services
and shall be made payable to the County prior to the issuance of" the. finale
Occupancy Permit for each age- restricted dwelling unit. The location of age=
restricted .residential land use shall be provided on the approved Master.
Development Plan for the Property.
E. Rural Areas Land
1) The Owner hereby proffers to convey all or portions of tax map parcels 55 -A -161,
55 -A -166, 55 -A -167, 55-A-1 67A, 55 -A -.168, and 55 -A -17413, along the Berryville
Pike frontage of the Property to VD:OT for .future improvements to Berryville
Pike .(U.S. Route 7). The location of these areas of conveyance shall be generally
consistent with the information depicted on the proffered GDP. The Owner shall
prepare the right -of -way dedication plats and deeds for conveyance of these.
properties; which ° shall be recorded prior to any development within the Property.
2) The Owner hereby proffers to consolidate the portions of tax map,,parcels 55 -A-
165A and. 55 A -174B, which are not required for right -of -way dedication for the
relocated Valley Mill Road (Proffer B °(1)) or the Berryville. Pike frontage (Proffer
E(l)), into the Valley Mill Farm, L.C. property (Stafford Property). The Owner
shall prepare the consolidation plat for these properties, which shall'`be.recorded
prior to any development within the Property.
APPLICANT NOTARIZED SIGNATURE ON FOLLOWING PAGE-
File #530 1 S/EAW 5
.p
i
Greenway Engineering! November 11, 2012 The Overlook, Rezoning
Revised May 2.7,-.2101.3.
Signature ..
The conditions proffered above shall be binding upon the heirs, _ executors,
administrators, assigns and ;successors in the interest of the applicant -and owner.
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
alley Mill Farm,, LC date- y
Commonwealth of Virginia,
Ci ��untf f"1- ecf'_,i(ic)L To Wit:
The "foregding. instrument, was acknowledged before me this 'i day of AU ' 6+
20 l 3 by PA ajru m +Fl < x -,�
:
Notary Public
My Commission Expires { c'b,. 2-c1 %D ((�
Q14wF,q'
0
0TA RY
rile: #5301 s/EAw 6
Greenway Engineering November fl, 2012., The Overlook Rezoning
Revised May 27, 2013
Signature
The conditions proffered above shall be binding upon the, heirs, executors,
administrators, assigns and successors in the interest of the applicant and owner. ;
In *the event the Frederick County Board of Supervisors grants this rezoning and'
accepts the conditions, the proffered conditions shall apply io ,the' land rezoned in
addition to other requirements set forth 'in the Frederick County,, Code.
Respectfully Submitted:
Y
V. Staf r Date.
By.:: - .
1VI y M. Stafford Date
Commonwealth of Virginia,
City,.- ount f �7y-e To Wit:
'The foregoing instrument was acknowledged, me this 5 +h day of At) S
- g g $ Y-
1 .
20j by I Icy , S �G: �zjY C (� ✓U H C:�� c di✓
Notary Public
My Commission Expires. Rc b; _Z9 201 lP a,'p
CZ .- O
File #5301 S /EAw �..' 7
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Building Footprints
B1 (Business, Neighborhood District)
B2 (Business, General Distrist)
B3 (Business, Industrial Transition District)
EM (Extractive Manufacturing District)
HE (Higher Education District)
M1 (Industrial, Light District)
M2 (Industrial, General District)
MH1 (Mobile Home Community District)
MS (Medical Support District)
OM (Office - Manufacturing Park)
R4 (Residential Planned Community District)
R5 (Residential Recreational Community District)
RA (Rural Area District)
RP (Residential Performance District)
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REZ # 04 - 13 Note:
The Overlook Frederick County Dept of
PINS: Planning t Developments
55 - A - 161, 55 - A - 165,55 - A - 165A, Suite
10 St
55 - A - 166,55 - A - 167, 55 - A - 167A, te 202
Winchester, VA 22601
55 - A - 168, 55 - A - 174A, 55 - A - 1746, 540 - 665 - 5651
55 - A - 174D Map Created: August 27, 2013
RP and RA to 62, RP, RA Staff: mruddy
0 420 840 1,660 Feet
0 1 0
AMENDMENT
Action:
PLANNING COMMISSION: September 18,:20:13 Recommended Approval
BOARD OF SUPERVISORS: October 9, 2,013 ❑ APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT -MAP
RE'Z.ONING. #04 -13 THE OVERLOOK
WHEREAS, Rezoning ' #0,4 =13; The Overlook, submitted by.GreenwayEngineering, Inc., to rezone,
55.46 acres as follows: 14.1,83E acres from'RP (Residential Performance) District to RA (Rural Areas)
.District; 7.098 acres from .RP (Residential Performance) District to B2 (General Business) District;
10.040± acres from RA:(Rural.Areas)'Districtto RP (Residential Performance) District and 24:145± acres
to remain RP "(Residenti'al.P:er"f6fm— ance) district with proffers dated November 11, 2012, last.revised on
May 27, 2013, was 'considered,., The property is located on the so,uth,side of Berryville Pike (U.S..Route 7)
near and adjoining the Valley Mill' Road intersection. The property is further identified by Property
IdentificationNumbers .5`5- A- ,161, 55- A465A, 55 -A -166, 55 =A =167, 55- A -167A; 55 -A -168, 55-A-1 74A,
5`5 -A -1749, 55- A -174D and 5.5=A -165 a portion, in the Red Bud 'Magisterial District.
WHEREAS, the Planning Commission held public hearing on this.rezoning on September 18,201,3;
and
WHEREAS, the._Board of Supervisors held a public. hearing on this rezoning on October 9, 2013; and'
WHEREAS, the Frederick. County.Board of Supervisors finds the approval of this rezoning to be in
the best :interest of the public health, safety, welfare, and in conformance with 'the Comprehensive
.Policy Plan;
NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that
Chapter 1,65 of the Frederick, County Code; Zoning, is amended to revise the Zoning District Map to
rezone.55,.46 acres; as follows: 14:1:83± acres from RP (Residential.Performance) Districtto RA (Rural
Areas) Districts '7.098± acres from. RP (Residential Performance) District to B2 (General Business)
District; 10:040 acres from RA (Rural Areas) District to RP (Residential Performance) District and
24.145± acres to _remain RP (Residential Performance) district with proffers dated November 11,, 2012;
last revised on May. 27, 20:13,. The conditions voluntarily proffered in writing by the applicant and the
property owner are attached.
PDRes #24 -13
l
0)
This ordinance shall be in effect - on the- date of 'adoptiom.
Passed this 9th day of October; 20'1,3 by the ,following recorded vote:
Richard. C. Shickle, Chairman Gary A. Lofton
Robert.A. Hess Robert W. Welts.
Gene E. Fisher Charles S. DeHay..en, Jr.
Christopher E. Colfins
PDRes 424 -13
A •COPY ATTEST
John. R. Riley, Jr.
Frederick County Administrator
COUNTY of FREDERICK
Department of Planning and Development
IVIEM;ORANDU;M 640/665 -5651
FAX: 540/665-6395, ,
TO: Michael T. Ruddy; Deputy Director
CC Over]ook..Rezoning File 04 -13
FROM: John A.-Bishop AICP, Deputy Director, - Transportation
RE: Overlook Rezoning Transportation Review
DATE: September 3, 2013
I have reviewed the application for the Overlook `Rezoning #04 -13 and offer the following
review comments.
Comprehensive Plan
The new alignment and proffered right -of -way is consistent with the Senseny /Eastern Frederick,
Area Plan adopted by the Board of 'Supervisors -on June 1. 15 2012.
Traffic Impact Analysis
Including the 4 proposed access points to the development, the TIA studies 10 ;intersections
surrounding the development area. The analysis considered two phases of project, development-
(201,5 and 2020) :and also considered a `design year' of 2026 which analyzed a conceptual
timeframe of when the ramps between Route 7 and Route 37 open.
`With proffered improvements between the current day and build out in 2020, the only movement.
that falls below a C is the evening left turn, from Valley Mill Road onto Channing Drive which is
a D. This ,is then alleviated by a .signal. at this intersection that would be necessitated by the
implementation of the Route 37 ramp at Route 7.
Looking ahead to the `:Design Year' build out that considers a completed Route 37 interchange at
Route 7 there are two movements that are below level of service C due to introduction of trips
from this development. The evening, Route '7 'movement falls to' level of service D at. .
the intersection of ;future Haggerty Boulevard and Route 7 and the northbound movement of`
realigned Valley Mill Road at .Route 7 falls- to a D for the evening and Saturday timeframes.
Given the highly speculative nature of predicting the implementation of Route 37.and a,number,
of developments such as Haggerty Boulevard, I would urge caution before getting very,
concerned by this Design Year portion of this analysis.,
107 North,KentStreet, Suite 201 Winchester, Virginia 22601 -5000'
Included in the traffic analysis were a number of proffered improvements which allow the
analysis to result in a generally acceptable traffic situation.
Proffer Statement
Key proffers that have been put forth for transportation;
A. Right of way for Valley Mill Road realignment in its ultimate form to ;accommodate 4
through_ Lanes (two in each direc't'ion) left -and right turn lanes at each entrance.,--
B. Entrance limitation of 3 residential and 1-commercial.
C. Construction of the ultimate section of Valley Mill at the'intersection of relocated Valley
Mill and Route 7, and two lanes . - plus turn. lanes at entrances for the remainder of
relocated Valley Mill in conjunction with.the,first phase of development.
D. Improvements to Route 7 to include signalization and new median crossing 'at the
location of relocated Valley Mill. Construction of left turn and. taper for westbound
Route 7 and right turn and taper as well as left turn, and taper to for eastbound.'Route 7.
In addition, they have proffered the closure of the median crossing at existing.Valley-Mill
Road.
E. Implementation of signalization at the entrance to the commercial land: bay.
F. Implementation of a 10' wide paved multiuse path along relocatedValley Milt Road.
My only concern with the proffers is that there is no need for 3 residential entrances along what
_will, be a roadway of increasing traffic and importance in this portion of 'the County;
Summary
In summary, .I find the following:
'A. The most significant traffic impacts of this development proposal are .offset by the
proffered transportation improvements.
„
B. Bicycle, and pedestrian accommodations are provided consistent with the comprehensive
plan.goals.
C. The proposed road layout is consistent with the, comprehensive plan.
D. There -are too. many residential entrances: and the applicant should consider removing' the
southernmost residential- entrance ,(the one nearest existing Valley Mill Rd):
GREENWAY ENGINEERING, INC.,
151 Windy Hill Lane
Winchester, Virginia 22602.
Founded in 1971
August :8, 20'1 i
Frederick County Planning Department
Attn: Mike Ruddy, Deputy Director.
107 North ;Kent �S'treet
Winchester, VA'22601
RE: The Overlook Rezoning — Comment Response Letter'
Dear Mike:
The purpose of this letter °is to provide, you with information in response to the review
comments received for The Overlook Rezoning Application: Please note the following:
VDOT' „Comments
1.) Section 'BS of the Proffer Statement provides for the property owner to submit an
access'- management exception request . with the traffic signalization warrant
analysis for VDOT consideration of the proffered traffic signAizati'on at the. full
access entrance to the commercial land bay. VDOT Jis 'correct in their statement
that they cannot' guarantee approval of the - access management request at this
point -in the process. However, it should be noted that the TIA demonstrates this
proposed, signal location functions appropriately with'the proposed signal. location .
at Berryville Pike with acceptable levels of`�service at project.buildout. Therefore,
the property owner will work with VDOT when the commercial land bay has an
identified: user to allow VDOT to analyze this matter.
Planning Comments
1). `The revisions to the Proffer Statement 'and Impact Analysis Statement have
adequately addressed all previous comments.
County Attorney Comments
1) The property owner understands. that the deed for ingress /egress will be a separate
document that is 'created and will reference this document as a-narrative on the
Site Plan as specified in Proffer C5.
Engineers: Surveyors Planners Environmental Scientists
Telephone 540 - 662 -4185 I;AX 540- 722 -9528
Project 5301 S 1
wivw,greenwayeng. co m
FCSA Comments
,40
1) Water and sanitary sewer <service is available. and capacity is available for
the anticipated: land usage of the. project.
FWSA Comments
1). Easements and metering stations will be identified on the construction plans
associated with the future development of the property.
County Fire Marshal
1) Plan approved.
County Public Works.
1) No comments at this time.
County Parks and Recreation
1) The applicant is addressing community parks: and recreation impacts through the
proffered development. impact monetary contributions..
County Public - Schools
1) Right turn and left. turn lanes are included_ in the proffered design for the new
Valley Mill Road intersection and for the new median. crossing on Berryville
Pike.
2). The existing median crossing on Berryville Pike serving the existing Valley Mill
Road intersection will be eliminated as part of the proffered design. The existing
Valley Mill Road is not proposed to be realigned at the Berryville Pike
intersection.
Winchestet Regional Airport
1) The project will not impact operations at the regional airport.
i
Project 5301 S
•
The information. 'is this comment response letter- demonstrates, that all review agency
comments'have been addressed to the extent possible at this point in the process. Please
include this letter,1h. the "information submitted to the Planning Commission and the
Board of Supervisors.
Sincerely,
� n
-
Evan Wyatt, AICP
Greenway Engineering
Cc Tim and Mary Stafford.
Project 53 U1S 1 3
Donna,Meliso
rom: Evan Wyatt
Sent: Friday,.June 21, 2013 3:54 PM
T,o:. Donna Meliso
Subject: FW: The Overlook ;Rezoning
Please print out for me - 7thanks, Evan
- - -- Original Message-----
From - Rod Williams. [ mailto.: rwillia(@co.. frederick.va. usI
Sent: Sunday,, June 16, 2013 3:41 PM
'T.o> Evan Wyatt
Cc Mike Ruddy; jbishog(@co.frede "rick.va.us
Sub j`ect.: The Overlook Rezoning:.
Evan,
I am in receipt of'the revised proposed proffer statement, dated May 27, 2013, for the
above proposed. rezoning. Subject to, the comment in the following paragraph., the proffer
statement is in'legally: sufficient form.
In Proffer C5, the proffer states that the deed for'the ingress, /egress easement to /from the
mobile home park "'shall be provided on the site-plan". The deed, of course, will need to be
a document separate from 'the- .sit e• ,plan.
T-understand that staff :and .t1he Planning Commission will review the substance of the
proffer statement.
Rod',
Roderick B. Williams,
County Attorney
Frederick 'County, Virginia
Sent from my iPad
Page 1 of .2
Evan. Wyatt
From: Smith,. Matthew, P.E. (VDOT) [Matthew .Smith @vdot..virginia.gov]
Sent: Monday, July,01, 2013.2:57 PM
To: Evan Wyatt
Cc: Funkhouser,, Rhonda;(VDOT); Ge, 'Ruixin (VDOT); Mike Ruddy; Bishop, John. (VDOT)
Subject: RE: The Overlook Rezoning
Evan,
We have reviewed the revised. Traffic Impact.Analysis.and Rezoning Applications for the Overlook
Project as received by this office on. -June, l l; 201.3 for impacts to, the local transportation system. Ow'
comments for your consideration: areas follows:
Transportation Proffer.. Comments
Proffer. B5 Proffered Signal on Valley Mill does not meet current separation requirements per
the State's Access Management Regulations based on location,shown on the Generalized
Development. Plan. Proffering to submit an access management exception request at the time of
site plan review does not,guarantee it's approval.
TIA Comments
® Signal timings in future scenarios are not optimized. -Please correct.
Should you have any questions, please do not hesitate to contact me;
Matthew B. Smith, P.E.
Area Land Use Engineer
VDOT -.Land Development
Clarke, Frederick, Shenandoah & Warren Counties
14031 Old Valley.Pike
Edinburg, VA 22824
Phone # (540) 984- 5615
Fax # (540),984-5607
From: Evan. Wyatt- [ maiIt o,ewyatt @,greenwayeng.corn]
Sent: Friday, June 21, 2013 3:03 PM
To: Smith, Matthew, P.E. (VD0T)
Cc:, Mike Ruddy; Bishop, John. (VDOT)
Subject:. FW: The Overlook Rezoning
Hi' Matt,
I hope this message-finds you doing well. "Please note that the County Attorney and Planning have
reviewed.and approved the proposed revisions to the Proffer Statement..and Impact Statement. I feel
pretty confident that the revisioris.addressed the matters we discussed during our joint meeting with
Planning; therefore, 1 would asK that you advise me accordingly sometime next week if possible. if
everything looks:good; I plan to formally submit the first Week in July to get on the August 7th Planning
Commission "meeting. Please give .me a call if you have any questions or if you need anything regarding
this matter.
Thanks, Evan
From: Mike'Ruddy [mailto ;mruddy@co frederick.va.us]
Sent: Thursday, June 20, °20.13 4:06 PM
To: 'Evan Wyatt
8/2/2013
• Pagel .of 1
Evan Wyatt;
GlFrorn: Mike Ruddy [m ruddy@co.fr6derick;va.us] _
Sent: Thursday, June 20,,2013 4:06 PM
To: Evan Wyatt
Subject: The Overlook Rezoning
Hi Evan.
The'information you' provided regarding The Overlook rezoning application appears to have addressed
those comments offered by the reviewing agencies identified'. We look forward to working with you
When the application is officially submittedto this Department.
Mike.
Michael T.. Ruddy, AICP
Deputy Planning Director
Frederick County Planning & Development
107 N. Xent' Street
Winchester, VA 22601
(540),665-5651
(540) .665 -6395 fax.
mruddv@co.frederick.va.us.
6/21/2013
o
C o qkRICK
Department of Planning and Development
5401665 -5651
FAX: 540/665-6395
TO: Evan Wyatt
Greenway Engineering
FROM: Michael T. Ruddy, AICP
Deputy Director
RE: Initial Rezoning Comments:. The, Overlook Rezoning Application
DATE: December 21, 2012
The following comments are offered regarding the Overlook Rezoning Application. This
is a request to rezone 56.4.8 acres from RA (Rural Areas) and RP (Residential
Performance) to RP (Residential Performance), B2 (Business General), and RA (Rural
Areas) with Proffers.
The, review is generally based upon the proffer statement dated November 11, 2012, and
the Impact Analysis Statement also dated November 11, 2012.
Prior to formal submission to the County, please ensure that these comments and all
review agency comments are adequately addressed. At a minimum, a letter describing
how each of the agencies and their comments have been addressed should be included as
part of the submission.
General
1.. Please ensure that the acreage calculations are correct for. the rezoning. The
information in various parts of the application is slightly different. It would
appear as though the rezoning plat is the most accurate.
Acreage
RA
RP
B2
Total
Before
10.04
45.44
0
55.48
After'
14..18
34.18 -
7.09
55.45
Rezoning Plat
14.183
24.145110.040
7.098
55.466
107 North Kent Street, Suite 202 o Winchester, Virginia 22601 -5000
The Overlook Rezoning Application Comments
December, 21, 2012
Page 2
2. Consider "using the future road, relocated Valley Mill Road, as the dividing line
between the urban character of the rezoning and the rural character of the
remaining farm; all B2 and RP to the west. of the road, and all RA to the east of
the road to be incorporated into the farm.
3. The submission fee for this application would be based upon the acreage total,
once confirmed. Assuming the rezoning plat is correct, the fee would be
$15,,547.00 (55.:47 acres) plus the appropriate amount for public hearing signs.
4. Two public hearing signs would be necessary; one for the Route 7 frontage and
one for the Valley Mill Road frontage.
Land Use
1. The 2030 Comprehensive Plan and the Senseny /Eastern Frederick Urban Areas
Plan provide guidance on the future development of the property. Appendix I
includes the Senseny /Eastern Frederick Urban Areas Plan as an approved Area
Plan.
2. The property is located within the UDA and SWSA.
3. The X2.030 Comprehensive Policy Plan identifies the general area surrounding this
property with a residential and commercial land use designation. In general, the
proposed residential and commercial 'rezoning designation for this property is
consistent with this residential and commercial land use designation of the
Comprehensive Plan.
Impact Analysis Statement
Please address the following items from the Impact Analysis Statement prepared for this
Application.
1. The Impact .Analysis models the development of 270 residential connections and
35,800 square feet of commercial build out. It is recognized that a specific amount
of development has not been proffered and, therefore, the numbers may vary with
the actual development, depending on a variety of factors including permitted
densities in the RP district.
2. Consider the preservation and /or enhancement of the identified,pond that exists in
the .central portion of the property as a feature of the residential portion of the
development.
3. The preservation of the mature woodlands adjacent to the adjoining properties in
those areas where some form of buffer would be required is the preferred
approach. A -proffer to this end would ensure that this approach is guaranteed.
Transportation
The following transportation comments have been provided.in conjunction with Mr. John.
Bishop, County Transportation Planner, and should be considered as the County Staffs
position on the transportation component of the rezoning.
The Overlook Rezoning Application Comments
December 21, 2012
Page 3
1. The road alignment is in a generally agreed upon location, pending on final
VDOT verification. In addition, access at Route 7 appears to be in the desired
location, again pending VDOT approval. The importance of this location is to
provide the best possible alignment with the future Route 37 western ramps. Care
should be taken with the grade of the road as it approaches the Route 7
intersection.
2'. Valley Mill Road is identified as a Major Collector,Road on the County's Eastern
Road Plan, and SEFUAP. A four lane median divided section is expected. The
right=of- -way has been proffered to accommodate such a road. The Applicant has
proffered to construct two lanes of the'road.
1, It. is suggested that the Applicant advance a full four lane. section with the initial
road construction for the section directly leading from Route 7 to the first
entrance. It would be appropriate to transition back to a two lane section from this
point south.
4. Coordination with Haggerty Boulevard improvements and spacing with Route 37
eastern ramps is critical in this location.. All 'improvements within Route 7 should
be coordinated from a design and engineering perspective and correctly
sequenced from a construction perspective. It would be best to address this at the
earliest,opportunity and incorporate into °the rezoning.
5. Please clarify the proposed approach to addressing the spacing for existing Burnt
Factory Road. Make sure that the intersection is designed to consider the impacts
and modifications to the, intersection of Route 7 and Burnt Factory Road. The
same consideration should be given to the Eddy's Lane /Valley Mill access and "
crossover.
6. It would appear to be imperative that 'the intersection with Route 7 and all
associated improvements is completed in one effort to minimize the impact on
Route 7. This is also the: rational forthe.initial full section of Valley Mill.Road.as
it approaches this intersection.
7. Evaluate if the four entrances along Valley Mill could be reduced to three by
sharing the northern most entrance with the residential area entrance at a point
central to the two prop_ osed entrances. Minimizing entrances onto this major
collector road would be desirable.
8. The Impact Analysis states that the TIA demonstrates that this intersection may
need to be signalized in the future. Moving the proposed entrance farther away
from Route 7 may make this easier to accomplish this. Consideration should be
given to a roundabout intersection at this location -in the future. Again, this
intersection may be the appropriate point to transition from a 2 lane section of
Valley Mill Road_ to a four lane section as it approaches Route 7.
9. With regards to bicycle and pedestrian accommodations, it is suggested that a 10'
multi -use trail is provided along the Valley Mill . major collector road, located on
the inside adjacent to the residential and commercial development, to connect
with future developments. 'It would appear to be unnecessary to provide a
sidewalk or trail on the east /farm /rural side.
The Overlook Rezoning Application Comments
.December 21, 2012
Page 4
10. Evaluate-the possibility of initiating the development of a 1.0' multiuse trail along
the properties frontage of Route 7, adjacent to the road. This could be done in
conjunction. with the improvements needed on Route 7, or internal to the project.
A :similar approach was taken at the other. end of Valley Mill Road at its
intersection with Route 7, in front of the Walgreens development.
11. The TIA evaluates a phased approach to the development. However, the proffer
statement does not propose any phasing consistent with the TIA. Assume the full
impacts based on the TIA as no proffer is proposed. It is recognized that the RP
zoning district may allow additional density above that which was modeled which
has the potential to further increase the transportation.impacts.
12. Please provide interparcel connectivity opportunities to adjacent Blue Ridge
Mobile Home Park and undeveloped parcel. This is in addition to that suggested
within the commercial land bay.
Proffer Statement
1. Language included in. the Proffer Statement contains commitments on behalf of
the Board of Supervisors with regards to future actions and applications of
`Revenue Sharing and Road Abandonment. While the County is generally
agreeable 'to these concepts, the Proffer Statement may not be the appropriate
locationTor such an agreement.
2. The Applicant proffers to cause for the development of improvements of two
lanes of the relocated Valley Mill four lane major collector road with appropriate
turn and taper lanes. In those portions of the road that aren't built to the ultimate
four lane section, it would be prudent to ensure. that the ultimate four lane section
is designed at this time, and that the grading, infrastructure other improvements
necessary to support the four lane section are installed or developed at this time.
3. It may also be wise to determine which two lanes of the four lane section would
be constructed with the first phase of development on the property.
4. The proffered interparcel connections between all °properties and structures in the
commercial land bay should be extended to ensure interparcel connectivity with
the adjacent residential lard bay area.
5. The heading of Section. D. of the proffer statement may be titled incorrectly.
Given the content of this section, I believe you meant, for it to be headed as the
residential land bay.
6. Please clarify the appropriate proffered monetary contribution that you were
intending to .apply to the potential above retail residential uses. As these would be
within the commercial land bay, not the residential land bay, it would be helpful.
7. to either restate this proffered monetary contribution in that section, or add a
clarifying statement in the section dealing with this proffer.
8. The Applicant has proffered a Teduced monetary proffer 'in the case that, the
residential units are age restricted. However, age - restricted units have not been
proffered. Without such a commitment it would be difficult from the County's
perspective to ensure `that the age. restriction would remain on the residential units.
The Overlook Rezoning Application Comments
December 21, 2012
Page 5
9. The County publishes annually the values identified' -in the Development Impact
,Model for residential impacts, per residential unit and by residential type, to assist
Applicant's in the preparation of their rezoning request:. The County does not run
the 'Development Impact Model for individual rezoning requests or a variety of
development alternatives. This proffer (D.3) should be removed.
10. Alternately, the Applicant could proffer a reduced amount if they can demonstrate
that the commercial development would result *in an applicable offset in tax
revenue that may be applied to the capital impacts associated with the residential
development, and :al.so if they could guarantee that' the commercial would occur
prior to any residential development.
Rezoning #12 -06 of Carriage Park
This rezoning was approved by the Board of Supervisors on August 22, 2007. In general,
the Carriage Park rezoning enabled the RP District on 45:.44 acres, for up to 240 single
family attached townhouses. Subject to a GDP, the rezoning also contained proffers.
Among other things, the proffers provided:
a Guidance and support to the future homeowners and property owners association,
including the establishment of a start up fund to assist in the initial efforts of the
HOA.
a A public street connection from the proposed relocated Valley Mill Road to the
boundary of the Blue Ridge Mobile Home Park.
a A $3,000 contribution per dwelling unit, for transportation improvements, in the
general vicinity of the development.
o A riparian/natural vegetative buffer extended along Ash Hollow Run which
included the preservation of vegetation and limitation on construction activities.
® Landscape planting 'along-the eastern side of the road adjacent to the Valley Mill
Farm property to minimize viewshed impacts.
® A $25,000 contribution to -the , County for purposes associated with, security
fencing at historic Star Fort.
Staff suggests that the applicant evaluate further the potential to include some recognition .
of the items in the new proffer statement.
In conclusion, please ensure that the above comments, and those offered by the reviewing
agency are addressed., I look forward to receiving this application and moving it through
the public process.
MTR/bad
i
��j�(yY�SANfTq�,
ro
�q �Y �Z^
1T.Y
Post Office Box 1877
Winchester Virginia 22604 -8377
November 27, 2012
Mr. Evan Wyatt
Greenway Engineering
151 Windy Hill Lane
Winchester, Virginia 22602
PH. — (540)$68 -1061
Fax - (- 540)868 -1429
wwwfcsa- water.com
Ref.: Rezoning Comments
The Overlook
Tax Map # 55- Al,61, 165A, 1;66, r67A, 468,474A, 1748, 174D & 1.65
Dear Mr. Wyatt:
Uwe E: Weindel, P:E.
Engineer- Direclor
Per your request, a review of the proposedxezoning.has been performed. The Frederick County Sanitation
Authority offers comments..limited to "the anticipated impact /effect upon -the Authority's public water and
sanitary sewer system and the demands.thereon.
The parcel is in the water and, sanitary sewer area served. by the Authority. Based on the anticipated usage,
water capacity is presently -available: Sanitary sewer treatment capacity at the waste -water treatment plant is
.presently available. Conveyance;capacity and layout will be contingent on the applicant performing a technical
analysis of the existing sanitary sewer, system within "the area to be served and the existing collection main. Both
water and sanitary sewer facilities are located within a reasonable =distance =from this,site.
Please be aware that the Authority does not'review or comment upon proffers,and/or conditions proposed or
submitted'by the applicant in_,support of or in conjunction with this.application,for,rezoning, nor does-the
Authority assume.or undertake.any responsibility to 'reviewor comment upon any amended proffers and/or
conditions which the Applicant.may; hereafter provide to Frederick. County.
Thank-you;
we �V_
nde l, PE:
Engineer - Director
WATER'S.WORTWIT
y '$
NIN 2 8 ?T2
- G� (E-F_NVet` /'�Y
EN1.G'.NEERING
Frederick- Winchester Service Auth ®riiy
Post Offtce.Box 43
Winchester, Virginia 22604
Office: l07'Norili Xent Street
County Office Complex
Winchester; Virginia 22601
1 -540- 722 -3579
November 28, 2012
Greenway Engineering
151 Windy Hill Lane
Winchester; VA 22602
Attention: Evan Wyatt
Dear Evan:
SUBJECT: THE, OVERLOOK — REZONING APPLICATION — COMMENTS
1. Show easement of existing OWRF trunk main.
2. Clarify location of discharge to OWRF trunk main. Is an additional meter
station anticipated? The Frederick- Winchester Service Authority would
strongly oppose an additional meter station.
3. If Blue Ridge Meter Station is the point of connection, metering station
will need to be enlarged and upgraded to handle additional flow.
Sincerely,
t 1
Jesse W. Moffett
Executive Director.
JWM:ncg
Attachment (1)
mEU"E1VEU
G REENVVAY
ENGINEERING
`Go wmewly 1AFOU04 ehWoNafaafad S(6WafdsAip'
ax i rom
�_ `�9 WINCHESTER REGIONAL AIR_ PORT
491 AIRPORT'ROA,D
WINCHESTER, VIRGINIA 22602-
TOP OF VWMA
(540) 662-5786
January 16, 2013
Evan Wyatt
Greenway Engineering
151 Windy Hill Lane
'Win'chester, Virginia' 2602
R& Rezoning Comments
The Overlook - Timothy & Mary Stafford
-Red Bud Magisterial Distict
Dear Mr. Wyatt:
The Winchester Regional Airport, Authority offers the following comment reg&ding the proposed
rezoning plan. for the referenced propefty:
Neither the location northe'eleva tibn of this site requires a 7460-1 to be filed with the
Federal Aviatio,n,Ad'ministration.,hbwever it doe�s. He within, the air space of'the Winchester
Regional Airport;, Due to its proximity-to the airportt, property owners :may e perience
aircraft fly-over noise from aircraft entering into or departing the flight pattern from the
North.
Special considerations will not-be requested by the Winchester Regional Airport.
Thank you for allowing us the opportun , 'ity
to review this rezoning request.
Sincerely,
S. R; Manuel
Executiv6 Director
Frederick County Public Schools
... to ensure all students an excellent education
K. Wayne�Lee,,Jr. LEED r GA - C06rdinatb(of Planning and"Develbpment-o leew&0derick.k12.va:us
,February 19, 20-13
Mr. Evan Wyatt
Greenway Engineering
151 Windy Hill Lane
Winchester, VA 22602
Re: The Overlook Rezoning
Dear Evan:
Frederick County. Public Schools hats reviewed The Overlook,.rezoning''submitted to us in November
2012. We,offer the following comments:
1. The cumulative impact of this4evelopm.ent and other developments in Frederick Couritywill
eventually require construction of new schools and support facilities to accornmodate increased
student enrollment. To.,estirnate ffie,irnpact of this.rezoning, it is nelcessary-to,assume the mix of
housing1ypes. Assuming the highest - impact alternative,'We,?estiffiate that 270 single-family
detached units would house 1,27 students: 3 8 high school studeints, 31 middle school I students, and
58 elementary school students: ln7,order to properly serve these additional students, Frederick
County Public Schools would spend an. additional $4,325,00,0, p,'dryear in operating costs (or
$4,907 per unit per,year) and $4,4113900 in one -time capital expenditures (or $16,337 per unit).
You Will find, enclosed with this letter, a more detailed assessment of the anticipated impact of
The Overlook owFCP.S_, 'including attendance zone information.
2. For the relocation of Vall,ey'Mill Road, will the intersection with Route 7 require ramps in the
median?
3. We anticipote,thdt;this,is,beyond the scope of your Project, but it would be a significant. safety
Jr4provement,for us., were-th6existing Valley Mill Road to 2 be realigned to intersect Route 7 at a
90' angle. We will still useahis�roiad,to provide transportati'on'to students who live on Eddys
Lane.
Please fee . I free to; conta&t.nf6 at leewafrederick.kl 2.va.us or 540-662'-3888 x88249'if you have any
qqestiohs,6r, comments-,
Sincerely,
K. Wayne Led;Jf , ,.,LEED. GA
Coordinator of Plan,ping,and'Development
enclosure
;cc:, Dr. David,Sovine, Superintendentiof Schools
Mr.-iAlbert:Omdorff, Assistant Superintendent -for Administration
Mr. John Grubbs, Transportation Director
1416 Annhefstistr,eet www.frederick.kl2.va.us 540 -667-3889 Ext. 88249
P.O. Box j50_8 54x6-662-4237 fax
Winchester; Virginia '22604-2546.
REZONING APPLICATION FORM
FREDERICK 'COUNTY, VIRGINIA
To be completed by Planning Staff J
_. .
t FeP.AmnnntPa�c�
u
The following information shdll be provided by the applicant:
All parcel identification numbers' deed .book and page numbers may be obtained from the Office of the
Commissioner of Revenue, Real Estate Division, 107 North, Kent Street, Winchester.
1. Applicant:
Name: Timothy'& Mary ' Stafford Telephone: (301) 785 -8001
Address: 1494'Valloy Mill. Road
VVincheste'�, VA,22602
2. Property Owner (if'-different than above):
Name: N/A Telephone:
Address:
3. Contact person if other than above:
Name: Evan Wyatt Telephone: (540) 662 -4185
4. Property Information: -
a. Property Identification Number(s): 55 -A -161, 165A, 166',167, 167A, 168, 174A, 1748, 174D & 165 (portion)
b: Total• acreage'to be rezoned: 55.46 +/-
c. Total acreageof.;the parcel(s) to'be rezoned.(if-the entirety of the parcel(s) is not being
rezoned):"N /A
d. Current zoning desiggation(s) and acreag"e.(s) in each designation: 45.42 +/- Acres RP
1.0.04 +/- Acres iRA
e. Proposed zoning designation(§) andacreage(s) in each designation: 7.10 + / -Acres B2
34.18 + /= .Acres `RP & 14.18 + / -Acres RA
f
Magi steridrDistrict(O: Red Bud
12
7
•
5. Checklist: Check the, following: items that have been included -with this, application.
Location map W✓ Agency Comments ❑✓
Plat _ .✓ Fees
Deed to property _ ✓ _ Impact Analysis Statement _ ✓ _
Verification of taxes,,paid V( _ _ Proffer, Statement ✓ _
Plat depicting exact�meets and bounds for the proposed zoning district ✓. _
Digital copies (pdf s.) of all submitted documents, maps and exhibits ✓
6. The Code of Virginia allows-us to request full disclosure of ownership in relation to
rezoning applications.
Please list�below all owners. or parties in interest of the land to, be rezoned:
Timothy V. Stafford & Mary, M. Stafford
Valley Mill Farm, LC - Timothy'V..Stafford & Mary M. Stafford
7. Adjoining Property:
PARCEL ID NUMBER USE
ZONING
Please refer to attached
Adjoining Property Owner
Map & Table,
8. Location: The property is located at (give exact' location based on nearest road and distance from
nearest intersection, using road, names- and route numbers):
The 5546 +)-acre subject.,pioperties are located on the south side of Berryville Pike (U.S Route 7) near and adjoining ttie
Valley Mill -Road intersection.. The subject properties adjoin Berryville Pike, Valley Mill, Road, :the Blue Ridge Mobile Home Park,
and the, Valley Mill Farm property.
13
9. The following information should be provided according to the type of rezoning
proposed,
Number of Units Proposed
Single Family homes: Refertb Tlk Townhome: Refer to TEA Multi - Family: Refer to TlA.
Non-'Residential Lots: Mobile Home: Hotel Rooms:
Square of Proposed Uses
Office: Service Station:
Retail: Refer to TIA Manufacturing:
Restaurant: Warehouse:
Commercial: Other:
10. Signature:
I (we), the undersigned, do'hereby respectfully, make application and petition the Frederick
County Board of Supervisors to amend the zoning ordinance and to change the zoning map
of Frederick County, Virginia. 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 ofSupervisors�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.
Applicant(s)c 1
Owner( §)
Date:: f6I51, S
Date:
): ' Date:
1—
Date: �. 3
14
a.' . Special Limited `Power of Attorney
County of Frederick; Virginia
Frederick.Plar ring Web Site: www.colrederick.va.its
Departmept.of'Planning & Development, County of Frederick, Virginia,,
107'North KefiUStreet,,Suiie 202 Winchester, Virginia .22601
Facsimile 540 - 665 -6395 Phone 540- 665 - 5651
Know All Men By These,Presents: That I (We)
(Name) Timothy V., & Mary M, Stafford (Phone) (301) 785 = 8001
(Address) 1494 Valley Mill, Road 'Winchester, VA 22602
the owner(s) of all "those tracts or parcels ofland.("Properfy ") conveyed to me (us); by deed recorded in the
Cl'erk's Office of'the.Circuit Court:of the County of.Frederick, Virginia; by
Instrument No. '110011470on Page and is described as
Parcels: 164,:1'65A, 166,'1 '67, 167A, 168, 174A, 1 -74B & 174D Lot: - Block. A Section: 55
Subdivision',
do.hereby make; constitute and appoint:
(Name),Greenway Engineering, Inc. (Phone) (540) 662 -4185
(Address) 151 Windy Hill Lane, Winchester; VA 22602
To,act as.my true,and lawful ,•attorney= in-fact for and in any (our) name, place and stead with full power and
authority I (we)'�would have, if acting-personal ly'to file planning application for.my (our) above described
Property, including:
E
El
El
Rezoning (Including proffers)
Conditional. Use Permit.
Master Development. Plan (Preliminary °and Final)'
Subdivision.
Site Plan
Variance or Appeal
Comprehensiye, Policy Plan Amendment
My attorney- in- fact shalfhave °the authority to',offer proffe,red.conditions and to.make
previously approved proffered conditions except as follows:
This•authorizationshall,expire one year from the day it is signed, or untifitis otherwise, rescinded
modified.
,dlNljs;•b�l�'
7• A
.rT
-
i��(.� 1(_) ..
>, _i V 10
In witness thereof, (we) h e.heret e (o.) d and seal this day of USi4 ZD i 3
. "/ f
of Virginia, CityCcounty_�f ,VFeAe_y 1d(, To -wit:
I,a d'{ a Notary Public in andJor the jurisdiction aforesaid, certify that the,person(s) who
signed io the foregoing'instrument;and who 1.(are) known to me, personally appeared before me and has
a owledged the same•bef/ojre me ^in the jurisdiction aforesaid'this 5+h day of 2.01
��IQXit/JF1' My Commission Expires:•JIQ .Z" 2D Iio
Notary Public, Registration #: q
R&vised 3/17 /08 ,
Special Limited Power; of Attorney
County of Frederick, Virginia
Frederick Planning Web Site: www.co.frederick.va.us
Department of Planning & Development; County of Frederick, Virginia,
107 North Kent Street; Suite 202 Winchester, Virginia 22601
Facsimile154,0- 665 -6395 Phone�540- 665 =5651
Know All Men By These Presents >' That,I (We)
(Name)' Valley Mill Farm, L.C. (Phone) (301) 785 -8001
(Address) 1494 Valley Mill Road Winchester, VA 22602
the owner(s) of all those tracts or parcels of land ( "Property ") conveyed't'o..me (us), by deed recorded in the
Clerk's'Office of the Circuit Court of the County of Frederick; Virginia, by
Instrument No. 010001362 on Page , and,is described. as
Parcel: 165 Lot;. Block; A Section' 55 Subdivision:
do hereby make, constitute and appoint:
(Name)'Greenway Engineering; Inc. (Phone) (540) 662 -4.185
(Address) 151 Windy 14ill,Lane, Winchester; VA 22602
To act as my true, and lawful attorney =in fact for and in my (04) name, place and stead with full power and
authority I (we) would,have <.if acting personally to, file planning application, for my (our). above described
Property, including-
Z Rezoning (Including proffers)
❑ Conditional `Use Permit
El Master'Deve.lopment Plan (Preliminary. and Final)
❑ Subdivision
❑ Site,Plan
❑ Variance or Appeal
❑ Comprehensive Policy Plan Amendment
My attorney -in -fact shall have the authority,to offer proffered conditions and'to make., amendments
previously approved proffered -condition s.except as follows:
This authorization shzilll expire one year from the day it is;,signed, or until it is otherwise rescinded,or
� =air, • . .>' =
� 5
modified.
In witness thereof,: (we) -have' hereto, set, my °(our) hand and seal this day of „ Zd t
3
Signature(s) . F; ' \JV\
State.of'Virginia, C1 tX9EtY>f -r2 1r_, C(C, , To -wit:
Il DY11/1'G:L t�1l Q� No(ary'.Publ t in andfor the jurisdiction aforesaid, certifythat -the person(s) who
signed,to the.-foregoing instrument acid. who I (are) known to' me, personally appeared before me and. has
nowledged'the same before rre in the jurisdiction aforesaid this S (k day of 2_Q 1 :2>
My Commission Expires, -Fe to ZR 201 to
No Public Registration #: A O'.
Revised'3/ 17/08
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THE OVERLOOK
REZONING
ADJOINING PROPERTIES MAP
RED BUD MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
2012 -07 -03 PROJECT ID: 5301S DESIGNED BY: DWE,
E: 1 Inch = 400 Feet
THE OVERLOOK
REZONING
ADJOINING PROPERTIES MAP
GREENWAY ENGINEERI!
151 VNndy Hill Lane VJnchester, Virginia 22602
Fuundetl Telephone 540 -662 -4185 Fax 540 - 722 -9528
1971 www.greenwayeng. corn
• Engineers • Surveyors • Planners • Environmental Scientist!
Water & Wastewater Environmental Laboratory
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REZONING APPLICATION #04 =13
The Overlook
Staff "Report -for the Planning Commission
Prepared; September 3,, 2013
.Staff Contact: Michael T. Ruddy, AICP Deputy Planning Director
Reviewed Action
Planning Commission: 09/18/13 Pending.
Board of Supervisors: 1,0/09/1:3 Pending
PROPOSAL: To rezone 55.46' acres as follows: 14.183± acres from RP (Residential Performance)
District-, to RA (Rural Areas) District; 7.098± acres from RP (Residential Performance) District to B2
(General Business) District; 10.Q40± acres from RA (Rural Areas) District to RP (Residential
Performance) District; and'24.145�L acres remaining as RP (Residential Performance) District.
LOCATION: The property is located on the south side of Berryville Pike (U.S. Route 7) near and
adjoining the Valley lvlill Road'intersection.
EXECUTIVE. SUMMARY & STAFF CONCLUSION FOR THE 09/18/13 'PLANNING
COMMISSION MEETING:
The Overlook rezoning,appfication is generally consistent with future -land use designations of the 2030
Comprehensive Plan: More specifically, the commercial land use adjacent to Valley Mill Road in
proximity to Route 7 and the.residential land uses also along Valley Mill Road.and to the interior of the
project are consistent with the Senseny /Eastern Frederick Urban Areas Plan whichprovides "guidance on
the future development: of the property.
The impacts associated with this rezoning :request have :generally been addressed; in particular,, the
transportation improvements proposed which are substantial and further the County "s long range
transportation:efforts. A `couple of elements of the rezoning application-have been identified;thatahould
be "recognized by the Planning Commission, during your consideration of this. request. The mostrecent
Development Impact .Model output identifying the impacts to community facilities is not recognized
and the numberof entrances to the project from Valley Mill Road, as pointed out by Mr. Bishop, should
be evaluated.
Confirmation of these; items, .and any, issues, raised by the Planning.Commission, should be-addressed
prior to the decision of the Planning Commission.
Following the required public, hearinQ,.a
address all - concerns raised by the Planning Commission.
Rezoning #04 =13 The Overlook
September 3, 2013
Page 2.
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission: and the Board of Supervisors to assist them in making a decision on this
application. It may also be useful: to others interested in this zoning matter.. Unresolved issues
concerning this application are rioted by staff where relevant throughout this staff report.
Reviewed Action
Planning Commission: 09 /18/13 Pending
Board of Supervisors: 1 °0/09/13 Pending
PROPOSAL: To rezone 55 „46 acres as follows: 14.183 acres from RP (Residential Performance)
District to RA (Rural Areas) District; 7..098± acres from RP (Residential Performance) District to 132
(General Business) District; 10.040± acres from RA (Rural Areas) District to RP (Residential
Performance) District; 24.145.± acres remaining as RP (Residential Performance) District.
LOCATION: The property is,on the south si&of Berryville. Pike (U.S. Route 7) near and adjoining
the Valley Mill Road intersection.
MAGISTERIAL DISTRICT: Red.Bud
PROPERTY ID NUMBERS: 55 -A -161, 55- A -165A, 55 -A -166, 55 -A -167, 55- A -167A, 55 -A -168,
55- A -174A, 55- A -174B, 55- A -174D, and 55 -A -465 a.portion.
PROPERTY ZONING': RA (Rural Areas)' District and RP (Residential Performance) District.
PRESENT USE: Residential, agricultural, and vacant..
ADJOINING PROPERTY ZONING •& rPRESENT USE:
North:; RA (Rural,.Areas) Use; Residential
South: RA (Rural Areas) Use: Residential and Agricultural
East: RA Mural.Areas) Use:. Residential
West,;. MHl (Mobile. Home Community) Use: Mobile Home Community
1 i
Rezoning #04 -1,3 The Overlook
September 3,.20'13
Page 3
REVIEW EVALUATIONS:
Virginia Dent. of Transportation: Please see attached comments dated July 1 2013,_ from. Matthew
Smith, VDOT..
Fire and Rescue: Plan approved.
Pu* bfic Works Department: No comments at this time.
Department of Inspections: No Comments.
Frederick'Coun " 'ty Sanitation Authority. Please see attachedjetter dated November 27, 2012, from
Uwe E. 6 eindel, PE.
Service Authority: Please see ,attached letter date November 28, 2,012, from Jesse W. Moffett, .
Executive. Director.
Frederick - Winchester Health Department: No Comment.
Parks & Recreation The applicant is addressing the Community (County) Development Impact
Model for Parks and Recreation as addressed in the Impact. Analysis statement dated 1.1/11/12.
Winchester Reaiona[Airport .Please see attached letter dated January 16; 2013, from S: R. Manuel,
Executive Director.
`Frederick County Attorney: Please see attached comment dated June 21, 2013, from Rod Williams;
County Attorney.
Frederick County Public School• Please see attached letter dated February 19, 2013, from K. Wayne
Lee, Jr:, LEED GA.
Historic Resources: Advisory Board: No comments.
Planning & Zoniniy-
1) Site-History,
In 2067; the Board of Supervisors approved a.request to rezone 30.26 acres from: 'IRA (Rural
:Areas) District to.RF (Residential Performance). District, and 15. 18 acres from MHl (Mobile
Home Community) District..to RP (Residential Performance) District,,ototaling45 44 acres, with
proffers; for up 'to 240 single family attached townhouses: This rezoning application,
Rezoning #12 -06, was approved on July 25, 2007. In essence, this rezoning application
(Rezoning 404 -13) is a..r programming of Rezoning #12 -06.
Rezoning #04 -13 The+Overlook
September 3, 2013'
Page 4
The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) identified the
parcels for which the rezoning is being requested as being zoned a combination of A -1
Agricultural and MH Mobile Home zoning classifications-. The County's A -1 and A -2
agricultural zoning districts were combined to form the RA (Rural Areas) District upon
adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The
corresponding revision of the zoning map resulted, in the re -ma - . of the subject properties
and all other A -1 and A-2 zoned land to the, RA (Rural Areas) District. The Mobile Home
designation encompassed the original boundaries of 'the Blue Ridge' Mobile Home Park.
The most recent'Site;Planfor the development.of the remaining areas of the Blue Ridge Mobile
Home Park was approved by the County on July 30, 1987. In 2005, a Boundary Line
Adjustment plat was approved by the County that reorganized.the parcels that made up rezoning
request Rezoning #12-06, Parcels 55 -A =161, 55-A- 165A, 55 -A -16'6, 55 -A -167, 55- A 7167A, 55=
A -174A maintained the'RA zoning classification. Parcels 55 -A -168 and 55- A -174D maintained
the MH1. zoning classification. Parcel 55- A -174A contains both. the MHI and RA zoning
classification. The approval of his rezoning request would place all, of the properties entirely
into the RP zoning, classificafion., As' stated previously, Rezoning# 12 -06 was approved on July
j 25, 2007 by the Board of Supervisors.
2) Comprehensive Policy Plan
The 2030 Comprehensive Plan is the guide for'the future growth of Frederick County.
The 2030 Comprehensive. Plan and the Senseny %Eastern Frederick Urban Areas Plan provide
guidance on the future; development.of the property. Appendix I includes, the Senseny /Eastern
Frederick Urban Areas. Plan as, an approved Area Plan.
The property is located. in the `UDA (Urban Development Area) and the SWS'A (Sewer and
Water Service Area).
The 2030 Comprehensive. Plan identifies the general area :including and surrounding this
property with axesidential land use designation. In general, the proposed' =residential designation
for this property is consistent with this residential land use designation ofthe Comprehensive
Plan. In addition, a small area of commercial land use is identified on this property at the
intersection of'the related Valley Mill Road and Route 7, south of the environmental features
that run parallel to Route. 7. This area of commercial land. use =is consistent with the commercial
designation identified. in the Plan.
The anticipated residential density is consi -stent with the residential densities of the RP
I
(Residential Performance) section of the Zoning Ordinance, which was recently updated in
implementation of the Comprehensive Plan. ,.In addition, the introduction of a small area of
commercial land use provides for a mix of uses in conjunction with each other, also an element
of the 2030 Comprehensive Plan.
Rezoning 904 -13 The Overlook
September 3, 2013
Page 5
3) Site Suitability/Environment
The Overlook. site has been identified. as a site typical of the. Martinsburg Shale Region with
steeply eroded side slopes and reasonably level plain areas. This is an accurate identification
that presents challenges When planning the development °program;for this property. Ash Hollow
Run parallels Route '7 along the entire frontage of the property: Abram's Creek forms a portion
of the eastern boundary of the property. A pond.is located central to the property. These features
and their associated, slopes, natural drainage ways, and floodplains warrant particular attention
and provide an opportunity for enhanced protection of the riparian corridor. The site is
predominantly heavilywooded. The application proposes development of a greater intensity in
the reasonably level wooded areas and offers areas that Mll'be set °aside for environmental and
open space purposes. The reversion of a portion of the land to the .rural areas ensures the
conservation of open areas and preservation of Valley Mill farm, a significant historical and
agricultural, resource in this= area.,
The Comprehensive; Plan. identifies the preservation of the stream valleys as,environmental open
space -as an important goal that contributes to the protection of flood plains and water quality
and provides a continuous system of green open space. The application minimizes the impact to
the identified environmental features.
4) Potential Impacts
A. Transportation
The Frederick County Eastern Road Plan provides the guidance regarding future arterial and
collector road connections in, the eastern portion of the County by identifying needed
connections and locations. Plans Tot new development, should provide for the right -of -ways
necessary to .implement planned .road improvements and new roads shown on the road plan
should be.constructed by`the developer when warranted bythescale; intensity, or.impacts of the
development. Existing roads should be improved as necessary by adjacent development to
iniplement-the intentions of the plan
Route 7 is an arterial road whose character should be fully recognized in any rezoning
application. Route 7 is characterized with high volumes of traffic traveling at rates-of speed.in
excess of 55 miles per hour.. Access, management is a key consideration.
Valley Mill Road, is' identified-as an improved major collector road in the County's Eastern
Road.Plan. In addition, Valley Mill Road is shown as being relocated on a new alignment to a
i new location approximately 800 feet west on Route 7.
New development in the Urban Development Area should only be approved when roads and
other infrastructure with sufficient capacity have been provided. The Comprehensive Plan
identifies that a level of service, "C" should be maintained on roads adjacent to and within new
Rezoning #04 -13 The Overlook"
September 3, 2013
Page 6
developments and that traffic analysis should be provided by the applicants to ensure that
needed road improvements are identified in order to maintain or improve upon the level of
service. In some cases," newdevelopment may need to contribute to the provision, construction,
or improvement of roads that-are not;adjacent to the development. In such cases, developments
should contribute "their fair share costs of road improvements needed to accommodate the traffic
generated by a particular, development..
Traffic Impact Analysis
The Traffic Impact Analysis (TIA) prepared for this ,project, dated November 9, 2012, and
revised June 5, 2013 projected that the development of 270 residential dwelling units and
35,300 square feet of commercial land use would generate, 1,348 vehicle trips per day.
The TIA concludes that the traffic impacts associated with The Overlook application are
acceptable and manageable,, assuming suggested improvements are in place. Suggested
improvements include theu signal.ization, of the intersection of Route 659, Valley Mill Road with
Route 7: The TIA identifies that this intersection will function at an acceptable level of service
with the suggested improvements. The Applicant has provided for the signalization of the
entrance to the commercial land bay if warranted and approved by VDOT.
As noted previously, the_ Comprehensive Plan identifies tha a level of service "C" should be
maintained and thattraffic`analysis should be provided by the applicants to ensure that needed
road improvements are identified in order to maintain . or improve upon the level of service.
Transportation Program
The Generalized Development Plan for °The Overlook delineates the general public road system
that will serve the residential and commercial development,. Primary access to the,site is from a
relocated and realigned. Route, 65,9, Valley Mill Road. A new intersection of Valley Mill Road
and Route 7 is proposed "to be established approximately, 800 feet west of. its current
intersection. The existing portion of Valley Mill Road, including the existing one lane bridge
j crossing. of Abrams Creek, is proposed to abandoned. The existing median crossover within
Route 7 at Valley Mill Road is proposed to be closed:
The,applicationsrproffer includes the construction ofa,traffic signal at,the intersection of Valley
Mill Road and Route 7 and all, associated improvements within Route 7.
The 2030 Comprehensive Plan promotes an effort to enhance and relocate Valley Mill Road so
that it_.;serves as a major collector road. The Senseny /Eastern Frederick Urban Areas Plan
indicates the relocation and,realignment ',of Valley Mill Road'to provide the potential for a future
alignment, with`the 'future Route 37 ramps on the north side of Route 7. This application
implements the transportation goals of the 2030 Comprehensive Plan.
! Private inter parcel access accommodations have been included'in the proffers -to provide access
between the commercial land bay and-the adjacent Blue Ridge Mobile Home Park property. No
other internal streets have `been identified in the GDP. Other opportunities. may exist for,inter
parcel connectivity with the future development of the property.
Rezoning #04 -13 The Overlook,
September 3; 2013
Page 7
B. Sewer and Water
The Overlook rezoning proposal is estimated to require approximately 66,4 35 gallons per day of
water usage and approximately 66,135 gallons per day of wastewater'. The Frederick County
Sanitation Authority will serve the property and the wastewater, flow from the site will go to the
Opequon Wastewater Treatment Plant.
C. Community ]Facilities
The comment provided by the Frederick County Public Schools anticipates that the proposed
270 detached single family units will yield 127 students, �38' high school students, 31 middle
school students and 58 elementary school students. The cumulative impact of this project, and
others of similar nature, will necessitate the future construction of new school facilities to
accommodate increased student.enrollments. The impact of this rezoning on current and .future
school ,needs should be considered during the approval process.
The Frederick County Development Impact Model is a tool, that is used to identify the capital
costs associated with various, types of development proposals presented to the County. The
projected costs to Fire, and Rescue, Public Schools,. Parks and Recreation, Library, Sheriff s
Office and for the Administration. Building are calculated and made available to rezoning
applicants for their consideration. Most recently; the DIM update was approved by the Board of
Supervisors on,June.12, 2013.. The 2013 update of the Development Impact Model has notbeen
followed by the Applicant in this submission. The Applicant has followed the 2012
Development Impact Model outputs and yet to update the application based on its time of
submission. Based on the 2013' °update, the impacts associated with residential projects are
fixed at $19,600 for single family detached residential units, $13,062 for single family
attached residential, dwelling units, and $11,339 for multifamily units.
5) Proffer Statement — 'Dated November 11, 2012 (Revised May 2,7, 2013)
A. Generalized Development -Plan
The Applicant has provided a Generalized, Development. Plan. for the purpose of
identifying the general,configuration of the reocated Valley Mill.Road providing access
to the project; residential and commercial land use: areas, the bicycle and pedestrian
facility, and open space and reservation areas within The Overlook. development. The
GDP :may be utilized to a greater extent to more clearly address; the sensitive
environmental features on the property and the buffering of the.adjacent residential uses.
B. Land Use
In addition to the residential land uses, the Applicant has committed to a maximum.of
50,000 square feet of gross commercial floor area., The Applicant has also provided for-,
rural area land uses east of relocated Valley Mill Road in support of the existing Valley
Rezoning #04 713 The Overlook
September 3, 2013
Page 8
Mill Farm, preserving ther character of this.farin and historical resource.
C. Transportation
a. The Applicant has proffered a substantial transportation improvement ,package. All
right of way necessary for the relocation of the ultimate section of Valley Mill Road
through the property, •and right of way necessary to allow the intersection of relocated
Valley Mill Road and Route 7 to be constructed is' proffered to be dedicated to the
County.
b. The construction of the ultimate section,of relocated Valley Mill Road between Route 7
and, the full access entrance to the commercial land. bays, and a two lane section of
relocated Valley Mill Road. from this fultaccess commercial 'entrance to'the existing
Valley Mill Road is proffered to occur in conjunction with the first phase of
development on theproperty. At the same time, the Applicant shall design and construct
the removal of the existing section of Valley Mill Road in a manner that is acceptable to
VDOT..
c. Proffered improvements within Route '7 to allow for the signalization of the
intersection of relocated Valley Mill Road and Route Tinclude all median crossings and
associated turn lanes and the removal of the existing median crossover, in addition.to
f the signalization of this intersection.
d. The Applicant has' by proffer established the ability to construct a total of four
entrances to the project from Valley Mill Road; three entrances for the residential
portion of the devel'op"ment, and one entrance for the commercial part of the
development. Please see Mr. Bishop's comment regarding the number of entrances
proposed.
e. If necessary, warranted, and permitted by VDOT, the Applicant has proffered for the
signalization of the entrance to the commercial land. bay from relocated Valley Mill
Road. Please see Mr. Matthew Smith, 'IVDOT's comment regarding the signalization
of this entrance.
L Bicycle andpedestrian accommodations have been..proffered generally along Valley
Mill Road; into the commercial land bay,: and to the adjacent property, to the west. This
is depicted on the Generalized Development Plan for`this project.
D. Access Management
The Applicant has provided for inter parcel access between the�comrnercial and bay and
the; adjacent Blue. Ridge Mobile Home Park to the east by proffering to provide an
easement to allow private access drive to be constructed by others.
R6zonmg':,#04-13 The Overlook,
September 3, 20111
Page 9
E. Community Faefifties'
The Applicant-,has proffered a monetary contribution.lot'aling, $18,507; for each single
familydwellin :unit l $12,35,4,11k each single fdrnif attached dwelling timtan&
$9;983
for each apaftrAent, dwelling; unit and potential above retail residential Unitlooffiet the,
capital costs associated with this request
The ;Devel'6
pmyptitImpact Model, (DIM) is;updated'annuallv,-wiih the,most'recOntupddte
being ap,pi�-ovi-,d'by'tho,"Board of'Supervisors on Juine� Please, note that the.
monctary-Ontributions proffered bythe Applkanfto offset-the community facility
-stm&nioie,,ffionetary contributions
,impacts &W
; AtIreflect the current An adju 4If
to reflect -:the current DP4 at the time of application
The Applicant has p ospd a reduction in the proffered monetary contributions should
top _'y
age restricted fesidenfial units be developed on the Pfopi2r.ty.
COT4MIS"S,10i,N-'Nt!E!E,,Tt,N-C':
The 0,VerloOk--,,tOzoiiifigAqpplicatio'n-,i'-s geiieta"Ily-,cotisi8ietii'withfuiate,t;ind use; ,designations .of.the,2030
Comprehensive Plan. More specifically, the commercial land use adj ' t to V
Comprehensive 1 .1 1— 1. 11 .. I I - � -,.jacen : . alley Mill Road: in
proxinifty.,toRaufe, 7 and the residential landuses.also along. Valley 'mill Road and fo the interior of the
project;are consistent-with t - heSenseny/EasternTrederick Urban -Areas Tfafiwhi ch-p-ro-vides guidance on
thet future developmerit of the property,-
The" impacts associated with Ihis rezoning request have ' generally been addressed;, in particular, the
associated' I— - 111. ____ - - substantial' . - 7 ly
transportation improvements proposed which are and further: the Coup y"s long range
"transportation .6ff6rts.,A,,.C*'O-tI P`leAcf 'e"Ieffients-of. the fezoningappli"cail-0-h haveAeenidentified that should
be re�c9griizpO by, the Planning. Co . mm*ss i- o ' n.durl 'n r, g you consideration of this -feque A. The,ffiogt:fecent
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Devol'o.pri-fetit Impact ,, Mod�ol out p ti
yatiden fyiiig the impacts to community facilities:is notrecognized
and the hu mber'o*f-,Ohtratice's",,'to,,,thopr,.-o.jec't from Valley MillRoadi as p, Bl'shop,,-should
be ey-aliiated..
Qonttrmeion'6fthese items; und ahvissues raised by the Planning, Commission, should be "addressed
-griotito,fhe, decision ;of 'the'Planninii. Commission.