55A161_TheOverlookO
AMENDMENT
Action:
PLANNING COMMISSION: September 18, 2013 - Recommended Approval
BOARD OF SUPERVISORS: October 9, 2013 ® APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING 404-13 THE OVERLOOK
WHEREAS, Rezoning #04-13, The Overlook, submitted by Greenway Engineering, Inc., 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;
10.040± 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, 2013, was considered. The property is located on the south side of Berryville Pike (U.S. Route 7)
near and adjoining the Valley Mill Road intersection. The property is further identified by Property
Identification Numbers 55-A-161, 55 -A -165A, 55 -A -166,55 -A -167,55-A-1 67A, 55 -A -168,55-A-1 74A,
55 -A -174B, 55 -A -174D and 55-A-165 a portion, in the Red Bud Magisterial District.
WHEREAS, the Planning Commission held a public hearing on this rezoning on September 18,2013;
and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on October 9,20 13; 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 conforrnance with the Comprehensive
Policy Plan;
NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that
Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to
rezone 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; 10.040± 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, 2013. The conditions voluntarily proffered in writing by the applicant and the
property owner are attached.
PDRes #24-13
-2-
This ordinance shall be in effect on the date of adoption.
Passed this 9th day of October, 2013 by the following recorded vote:
Richard C. Shickle, Chairman Aye Gary A. Lofton Aye
Robert A. Hess Aye Robert W. Wells Aye
Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye
Christopher E. Collins Aye
A COPY ATTEST
itey,-jr.
County Administrator
VIRGINIA: FR., DERICK COUNTUCT.
This instrument of writing was produced to me on
_/d " %" Zola at 9 2i AM
and with certificate acknowledgement thereto annexed
was admitted to record. Tax imposed by See. 58.1-802 of
and 58.1-501 have been paid, if assessable.
)Ael;lt /I Clerk
PDRes #24-13
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THE OVERLOOK - PROW ER STATEMENT ciI
REZONING: RZ#
Residential Performance (RP) and Rural Areas (RA)
to Business General (132) and Residential Performance (RP)
PROPERTY: 55.46+1- acres;
Tax Parcels 55-A-161, 55-A-165 (portion), 55-A- 165A,
55-A-166, 5.5-A-167, 55 -A -167A, 55-A-168, 55 -A -174A,
55 -A -174B, 55 -A -174D
RECORD OWNER: Timothy and Mary Stafford & Valley Mill Farm, LC
APPLICANT: Timothy and Mary Stafford & Valley Mill 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 # 0q_1 S 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 -
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165A, 55-A-166, 55-A-167, 55 -A -167A, 55-A-168, 55 -A -174A, 55 -A -174B, 55 -A -
CJ 3
174D, further as shown on plats entitled Boundary Survey Certain Properties of Blue
Ridgc 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 110.04—+ 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 is intended 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, the 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.
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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 lanc 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 the proffered 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 full 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 existing section 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 #530ISJEAW 3
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Greenway Engineering
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The Overlook Rezoning
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 50,000 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.
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
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$12,354 per Townhouse Dwelling Unit UD
$9,983 per Apartment Dwelling Unit and 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 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 Unit and 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 final
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,
5.5-A-166, 55-A-167, 55 -A -167A, 55-A-168, and 55 -A -174B along the Berryville
Pike frontage of the Property to VDOT 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(1)), 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 #5301S/EAW 5
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Greenway Engineering November 11, 2012 The Overlook Rezoning
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Sianatu e
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:
By: —�j
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, alley Mill Farm, LC Date
Commonwealth of Virginia,
Ci6 Count f l'l/e(-W- ct- To Wit:
The foregoing instrument was acknowledged before me this c day of AUC 5-"
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Notary Public
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November 11, 2012
Revised May 27, 2013
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The Overlook Rezoning
The condltlons proffered above shah be b1nd11rlg Upon the rie11S, CAU.;ULVIJ,
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 Iand rezoned in
addition to other requirements set forth in the Frederick County Code.
Respectfully Submitted:
By.
V. Staf r
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By:
'M y M. Stafford
Commonwealth of Virginia,
City �ntf } t'edcvq k' To Wit:
Date
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151 Windy Hill Lane
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151 Windy Hill Lane
Winchester, Virginia 22602
Engineers, S-eyom Telephone: (540) 662-4185
Environmental Services 540 722-9528
Founded in 1971 FfLY.- ( )
www.greenwayeng.com