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Home My WebLink About10-24 Comments COUNTY OF FREDERICK Austin K. Cano Acting County Attorney (540) 722-8383 E-mail austin.cano@fcva.us October 25, 2024 VIA E-MAIL Mr. Thomas Moore Lawson, Esquire P.O. Box 2740 Winchester, Virginia 22604 Re: Rezoning Application – T VA Winchester II LLC Tax Parcel Numbers 65-A-195 and 65-A-194B (the “Property”) Dear Mr. Lawson: You have submitted to Frederick County for review a proffer statement (the “Proffer Statement”) for the proposed rezoning of the Property, 91.70± acres in the Red Bud Magisterial District, from the RA (Rural Areas) Zoning District to the RP (Residential Performance) Zoning District, with proffers. I have now reviewed the Proffer Statement, and it is my opinion that the Proffer Statement would be in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, and would be legally sufficient as a proffer statement, subject to the following comments:  REZONING – For consistency with usual form, addition of “District (91.70± acres)” after ‘(RA)’ and ‘(RP)’ such that the line reads “Rural Areas (RA) District (91.70± acres) to Residential Performance (RP) District (91.70± acres).”  Proffer 2.1 – Revising the second sentence in this proffer to add the italicized clause: “The recreation areas shall be owned and maintained by the homeowners’ association , as described below in Proffer 4. CREATION OF A HOMEOWNERS’ ASSOCIATION, for the property.”  Proffer 6.1 – Revising the second sentence in this proffer to add the italicized clause: “Applicant proffers to follow, completely or to the best of Applicant’s ability, the recommendations of the study for development of the Property.” I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for this specific development, as my understanding is that review will be done by staff and the Planning Commission. Mr. Thomas Moore Lawson, Esquire October 25, 2024 Page 2 Sincerely, Austin K. Cano Acting County Attorney cc: John Bishop, Assistant Director of Planning & Development, Frederick County (via e- mail) Tyler Klein, Senior Planner, Frederick County (via email) COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 October 18, 2024 Thomas Moore Lawson, Esquire P.O. Box 2740 Winchester, VA 22604 RE: Request for Historic Resources Advisory Board (HRAB) Comments Winchester East at Opequon Creek Rezoning Application Property Identification Numbers (PINs): 65-A-195 & 65-A-194B Magisterial District: Red Bud Dear Mr. Lawson: The Historic Resources Advisory Board (HRAB) considered the above referenced rezoning application during their October 18, 2024 meeting. The rezoning application is for two properties totaling +/- 91.70 acres (Property Identification Numbers 65-A-195 & 65-A-194B) from the RA (Rural Areas) Zoning District to the RP (Residential Performance) Zoning District with proffers. The properties are located in the eastern part of the county just north of Senseny Road in the Red Bud Magisterial District. Following their review of this application, the HRAB supported the proffer as written to follow the recommendations of the study (Phase 1 Cultural Resources Investigation) for development of the property. HRAB recommended approval of the rezoning and that the Phase 1 Cultural Resources Investigation be updated to include context on the property history, including a chain of title, for the house located at 2737 Senseny Road (DHR #034-1155). Thank you for the opportunity to comment on this application. Please call if you have any questions or concerns. Sincerely, Kayla Peloquin, Planner Planning & Development cc: Lucas Cook, HRAB Chairman Planning Office Wayne Lee, Coordinator of Planning and Development leew@fcpsk12.net 1415 Amherst Street https://www.frederickcountyschoolsva.net/ 540-662-3889 ext. 88249 P.O. Box 3508 Winchester, Virginia 22604-2546 October 15, 2024 Mr. Thomas Moore Lawson 120 Exeter Dr., Suite 200 P.O. Box 2740 Winchester, VA 22604 Re: Winchester East at Opequon Creek rezoning application Dear Ty: Frederick County Public Schools has reviewed the Winchester East at Opequon Creek rezoning application. We offer the following comments: 1. We note that this proposed development would have as many as 283 residential units, which would increase the demand on the schools that would serve it. Those schools include Millbrook High School, Admiral Byrd Middle School, James Wood Middle School, Greenwood Mill Elementary School and Redbud Run Elementary School. Millbrook and James Wood Middle are currently over capacity. Redbud Run is 12 students under capacity. We project that Admiral Byrd will go over capacity in 2033, Greenwood Mill will remain under capacity, and Redbud Run will go over capacity in 2025. These projections do not include the impact of Winchester East at Opequon Creek. 2. The proposed development is split between attendance zones at the middle and elementary levels. FCPS may consider resolving these splits before residential units are occupied there, since one of our objectives is to avoid splitting neighborhoods. 3. We note the cash proffers, and that there are no proposed cash proffers for the 30 single family cluster homes. FCPS contributes to the development of the Frederick County Capital Impact Model (CapIM) and in turn supports the outputs of the model as it relates to the appropriateness of cash proffer amounts to mitigate impacts on our capital facilities. Please feel free to contact me at leew@fcpsk12.net or 540-662-3888 x88249 if you have any questions. Sincerely, K. Wayne Lee, Jr., ALEP Coordinator of Planning and Development cc: Dr. George Hummer, Superintendent of Schools Mr. Shane Goodwin, Assistant Superintendent for Administration Mr. Logan Sheppard, Director of Transportation Mr. Calvin Davis, Assistant Director of Transportation Mr. Wyatt Pearson, Director, Frederick County Planning Mr. Tyler Klein, Senior Planner, Frederick County Planning 1 From:Spielman, Joseph (VDOT) <Joseph.Spielman@vdot.virginia.gov> Sent:Monday, October 21, 2024 4:00 PM To:Thomas Moore Lawson, Esq.; Tyler Klein; I81 Public131 Cc:Funkhouser, Rhonda (VDOT); Johnson, Joseph (VDOT); Carter, Edwin (VDOT) Subject:Winchester East at Opequon Creek Rezoning / VA Winchester II LLC Rezoning Application Mr. Lawson, VDOT has reviewed the Winchester East at Opequon Creek rezoning packet and have the following comment.  Please overlay the current limited access alignment of the future Rt. 37 Bypass on the submitted Generalized Development Plan so that access can be fully evaluated.  Please just send a revised .pdf of the GDP for review. Thanks Joseph Ryan Spielman Land Development Engineer / Edinburg Residency Virginia Department of Transportation 540-535-1829 joseph.spielman@vdot.virginia.gov From:Johnson, Joseph (VDOT) To:Chris Mohn Cc:Tyler Klein; Patricia M. Taylor; Spielman, Joseph (VDOT); Thomas Moore Lawson, Esq.; "Wyatt Pearson"; Funkhouser, Rhonda (VDOT) Subject:Re: "[External]"RE: Winchester East At Opequon Creek Date:Tuesday, November 26, 2024 4:06:23 PM Ty/Chris, VDOT has reviewed the rezoning application for the Winchester East at Opequon Creek project (TM#65-A-194, 195) located on Senseny Road (Route 657) and we are in agreement with the traffic analysis provided by the applicant dated 09/19/2024. This project represents a deviation from the limited access, grade-separated concept for Route 37 and instead provides for a four-lane divided roadway (U4D) in its place. The proposed alignment for Route 37, while a slight departure from the current plan, is not detrimental to the extension of Route 37 to the south. Please note that VDOT SSAR regulations require a minimum of three (3) based on the proffered number of dwelling units (303). Therefore, this project will require the following external connections: Senseny Road (south), Senseny Glen Road (west), a stub extended to the property line to the north. Please note that an additional connection to Senseny Road would not satisfy SSAR requirements for multiple connections in multiple directions. Joseph W. Johnson, PE Area Land Use Engineer / Edinburg Residency Virginia Department of Transportation 14031 Old Valley Pike / Edinburg, VA 22824 Phone #540.534.3223 josephw.johnson@vdot.virginia.gov From: Chris Mohn <cmohn@greenwayeng.com> Sent: Monday, November 25, 2024 2:42 PM To: Johnson, Joseph (VDOT) <josephw.johnson@vdot.virginia.gov> Cc: Tyler Klein <tklein@fcva.us>; Patricia M. Taylor <patricia.taylor@fcva.us>; Spielman, Joseph (VDOT) <joseph.spielman@vdot.virginia.gov>; Thomas Moore Lawson, Esq. <tlawson@LSPLC.COM>; 'Wyatt Pearson' <wyatt.pearson@fcva.us> Subject: RE: '[External]'RE: Winchester East At Opequon Creek Joe, As discussed, attached is the updated proffer statement and GDP for the Winchester East at Opequon Creek rezoning application. These items along with other required materials were submitted to Frederick County Planning for public hearing on Friday, November 22nd. Also attached is an exhibit overlaying the current planned alignment of limited access Route 37 on the GDP (for clarity, the GDP elements are shown in greyscale, with the alignment depicted in red).