Loading...
HomeMy WebLinkAbout017-22 (RezoningGreystoneProperties) 4G cow ORDINANCE w rt Action: PLANNING COMMISSION: September 7, 2022 Recommended Approval BOARD OF SUPERVISORS: September 14, 2022 Approved ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING#05-22 GREYSTONE PROPERTIES WHEREAS, REZONING #05-22 Greystone Properties submitted to revise the proffers associated with Rezoning#02-21Cneystone Properties. This proffer amendment seeks to replace the current proffered text defining age-restricted language,to align with the federal guidelines governing age-restricted housing more closely.The subject properties are located north of Cedar Creek Grade(Route 622), south and west of the City of Winchester, and are identified by Property Identification Numbers 53-A-91 and 63-A-2A in the Back Creek Magisterial District; and WHEREAS,the Frederick County Planning Commission held a public meeting on this Rezoning on September 7, 2022 and recommended approval; and WHEREAS, the Frederick County Board of Supervisors held a public meeting on this Rezoning during their regular meeting on September 14, 2022; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this Rezoning to be in the best interest of the public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors, that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to revise the proffers associated with Rezoning#02-21 Greystone Properties to replace the current proffered text setting out age-restricted provisions, to align with the federal guidelines governing age-restricted housing. The conditions voluntarily proffered in writing by the Applicant and the Property Owner are attached. This ordinance shall be in effect on the date of adoption. Passed this 14" day of September 2022 by the following recorded vote: Charles S. DeHaven, Jr., Chairman Aye Shawn L. Graber Aye J. Douglas McCarthy Aye Robert W. Wells Aye Josh E. Ludwig Aye Judith McCann-Slaughter Aye Blaine P. Dunn Aye A COPY ATTEST Michael L. Bollhoefer Frederick County Adm' istrator Res.# 017-22 41G�.r Cod REZONING APPLICATION#05-22 GREYSTONE PROPERTIES LLC w Staff Report for the Board of Supervisors w ' Prepared: September 8,2022 Staff Contacts: M. Tyler Klein, AICP, Senior Planner ]738 Reviewed Action Planning Commission: 09/07/2022 Recommended Approval Board of Supervisors: 09/14/2022 Pending EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 09/14/22 BOARD OF SUPERVISORS MEETING: This is a proposal to amend the proffer statement approved with REZ 902-21 (Greystone Properties,LLC Age-Restricted).The proposed amendment seeks to replace the current text defining age-restricted with the new language to align with the federal guidelines governing age-restricted housing more accurately. No other provisions in the approved proffer statement are proposed to be amended,and the use and density enabled on the 11927-acre(RP)Residential Performance zoned subject properties (Back Creek district) remains unchanged. Following the required Unblic meeting, a decision regarding this rezoning application by the Board o Supervisors would be aggrogriate. The Agglicant should be prepared to adequately address all concerns raised by the Board ofSugervisors. Rezoning 905-22-Greystone Properties,LLC September 8,2022 Page 2 This report is prepared by the Frederick County Planninz 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 zoninz matter. Unresolved issues concerning this application are noted by staff where relevant throuzhout this staff report. PROPOSAL: The proposed rezoning (proffer amendment) seeks to replace the current proffered text defining age-restricted language, approved with REZ 402-21 (Greystone Properties), to align with the federal guidelines governing age-restricted housing more accurately. LOCATION: The subject properties are north of Cedar Creek Grade(Route 622), south and west of the City of Winchester. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBERS: 53-A-91 and 63-A-2A PROPERTY ZONING: RP (Residential Performance) District PRESENT USE: Vacant/Undeveloped ADJOINING PROPERTY ZONING& PRESENT USE: North: City of Winchester Use: City of Winchester South: RA (Rural Areas) Use: Residential RP (Residential Performance) East: City of Winchester Use: City of Winchester West: RA Use: Vacant/Agricultural/Residential REVIEW EVALUATIONS: Planning & Zoning: 1) Site History The original Frederick County zoning map (U.S.G.S. Winchester Quadrangle) identifies the subject parcels as being zoned R-2(Residential Limited). The subject parcels were re-mapped from R-2 to A-2 (Agricultural General)pursuant to the County's comprehensive downzoning initiative(Zoning Amendment Petition#011-80),which was adopted on October 8, 1980. The County's agricultural zoning districts were subsequently 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-mapping of the Rezoning 905-22—Greystone Properties,LLC September 8,2022 Page 3 subject property and all other A-1 and A-2 zoned land to the RA District. On February 28,2007,the Board of Supervisors approved Rezoning Application(REZ)#21-06 which rezoned the properties from the RA(Rural Areas)District to the R4(Residential Planned Community) District with proffers; the application was revised in 2009 and 2012. On July 14,2021,the Board of Supervisors approved REZ 902-21 which rezoned 119.27-acres of land zoned R4(Residential Planned Community)District with proffers to the RP(Residential Performance) District with proffers and 238.37-acres zoned R4 (Residential Planned Community)District with proffers to the RA(Rural Areas)District with proffers(downzoned). This resulted in a reduction of the total number of residential dwelling units permitted. 100%of the dwelling units were proffered to be age restricted. 2) Comprehensive Plan The Comprehensive Plan is the guide for the future growth of Frederick County. The Comprehensive Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County.The Area Plans and Appendix I of the Comprehensive Plan are the primary implementation tools and will be instrumental to the future planning efforts of the County. Comprehensive Plan Land Use Compatibility The 2040 Comprehensive Plan and the Western Jubal Early Land Use Plan(WJEL UP)provide guidance on the future development of the property. The property is located within the Sewer and Water Service Area(SWSA)and the Urban Development Area(UDA). The Plan identifies this property with residential and commercial land use designations; the Plan calls for single family detached and small lot units with a density of four units per acre. The current zoning of the property (RP) is consistent with the future long-range land use plan. The proposed rezoning(proffer amendment)does not alter the use or density of the site and as such is in conformance with the Comprehensive Plan. 3) Access & Transportation The proposed rezoning (proffer amendment) does not propose amendments to proffers pertaining to transportation and site access with the previously approved REZ 902-21. The proposed amendment to modify the definition for"age-restricted"has no measurable impact to trip generation or traffic. 4) Proffer Statement The proposed amendment seeks to replace the current text defining age-restricted with the Rezoning 905-22—Greystone Properties,LLC September 8,2022 Page 4 language more closely aligned with the federal guidelines governing age-restricted housing.No other provisions in the approved proffer statement are proposed to be amended,and the use and density enabled on the 119.27-acre (RP) Residential Performance zoned subject properties, approved with REZ 902-21, remains unchanged. County of Frederick Attorney: Please see attached email from Roderick B. Williams, County Attorney dated June 21, 2022. PLANNING COMMISSION SUMMARY AND ACTION FROM THE 09/07/22 MEETING: The Planning Commission received a presentation and discussed the proposed proffer amendment(rezoning)on September 7,2022.There were no comments from the Planning Commission.The Planning Commission sent the application forward to the Board of Supervisors with a recommendation of approval. Following the reauired public meeting. a decision reuardine this rezoning application by the Board o Supervisors would be appropriate. The Applicant should be prepared to adeauately address all concerns raised by the Board of Supervisors. REZ # 05 - 22: Greystone Properties, LLC PINs: 53 - A - 91, 63 - A - 2A Minor Proffer Amendment Location Map Zm - _ <IW z o vow ''s�, � HgNDLEY 7W77 \ AVE z J oP.'Y oc o=�� �P&�: ✓G oVc V� E`9 m 0, e REZS#05-22 �N em4A _ z03 J o Q051 � �� . e . ` J (LU ✓ P FMBERiONDR TA YL pR ,V C DR `• ;^ :;�� JVD � S�G� RANOpfPy�R y moa B yFq pRPPro�y _ SU, Ir a >X y pePIESEEO IAYLO OR O • kACE Cr �G RiEZ;405122. - ;� �� G'!9✓ q�FyFq "ILLMAN DR � R$ELOON pPJ x � • � •,. �O cR/SM � aye � _A �P�o�, N � �ep� 2 L Winchester O o� CEDAR CREEK GR JpoJ °r�9`5,i .:.i L'.^• . . I GO`pENN���� ��tt4RCWYYQO� 37 g, Application N L Parcels 1 Sewer and Water Service Area \ N E it S Frederick County Planning&Development 107 N Kent St Winchester,VA 22601 540-665-5651 0 500 1.000 2,000 Feet Map Created:August 15,2022 REZ # 05 - 22: Greystone Properties, LLC PINs: 53 - A - 91, 63 - A - 2A Minor Proffer Amendment Zoning Map I ? I9M -y HANDLEY fI� oc o P&�2 ✓G CAd 1 GAO y m 0, RosseR e REZ.#05-22 - �N emfJ0 _ z J , COA LU Q� �� ✓'�� PfR1Bf ONOR C pR �, �z gFFy Pesti W 9QloRpe. �I 7 a� � ' SUMMeRFIEID � IN I OIAYLOR Q REZ#0522 - ✓f cry q�FyFq HILLMAN pR s •u , $ELOON DR (7 a MqN ? A4. a �pP�GR . . q t F �pe`� 37o� 11 Winchester . CREEK CEOAR Q• °= OR Op°J + � � a. � •. � WHfAlflflD x;F-: ��4 � ..;: ysQ y.° `o ggt a Application . . I G G°`o�NN\E \Z20RCWQO� 37 goatee HOpEpR Parcels I' Sewer and Water Service Area N L R4(Residential Planned Community District) 1 RP(Residential Performance District) \ E it S. r Frederick County Planning&Development 107 N Kent St Winchester,VA 22601 540-665-5651 0 500 1.000 2,000 Feet Map Created:August 15,2022 REZ # 05 - 22: Greystone Properties, LLC PINs: 53 - A - 91, 63 - A - 2A Minor Proffer Amendment Long Range Land Use Map r Dec �y oQ.� HANDLEY q VE Z. e• .•• cps' J \ P� oc l O= P&2 ✓G U O; W ROSSER e REZ#05-22 omfJ0 = z 09J O ` 051W Q� f� PFA1gFCND C pq `�'• �v JG� S(G.� RA�Oplpp�� a BFFH P�,1. r o IVFrV W y•. !!p'�RD ��I �3 ',:SUMM NFIELD \LL77.Nt.Yl PPPIESEEO 1AYLpq Q � cxacecr �G REZ#05-22 r - - ✓r c�9 q�'yF, HILL DR s F C�C�t SELDDNp RP, x XT � �• ��4 CgiSMq � ay3� � _ �P�o ��ti N G�pP�GR • . .• � � q�F o eee� 37 �o� 11 Winchester �QO ==02 CEDAR CREEK GR JpoJ Application ( WNfgiflflD a �o Parcels ( IN Sewer and Water Service Area I ,: , Gp�pENN\�`O �,SSYRCWYgt �0y 37 \ooy�ea NDpEDR e Long Range Land Use 0 Residential L N Business 1 0 Sensitive Natural Areas \ W _-- E it S Frederick County Planning&Development 107 N Kent St Winchester,VA 22601 540-665-5651 0 500 1.000 2,000 Feet Map Created:August 15,2022 Greenway Engineering,Inc. July 29,2022 Tax Parcels 53-A-91A&63-A-2A GREYSTONE PROPERTIES,LLC AGE-RESTRICTED REZONING AMENDED PROFFER STATEMENT DATE: July 29, 2022 REZONING: RZ# PROPERTY: Tax Parcels 53-A-91 and 63-A-2A (both parcels, collectively, the "Property") MAGISTERIAL DISTRICT: Back Creek Magisterial District(formerly Gainesboro Magisterial District) RECORD OWNER: Greystone Properties, LLC APPLICANT: Greystone Properties, LLC (the "Owner") PROJECT NAME: Greystone Properties, LLC Age-Restricted Rezoning ORIGINAL DATE OF PROFFERS: October 16, 2019, Revised March 25, 2021 The current Proffer set forth in Paragraph (A)(2) as set forth hereinafter is hereby deleted: 2. The Owners of the 11927± acres proposed for RP, Residential Performance District zoning proffer that 100%of the dwelling units will be rented or sold such that at least one resident in each unit is a person at least age 55 or older is hereby deleted (the "Deleted Proffer"). In place of the Deleted Proffer, the following Amended Proffer is hereby set forth: 2. The Owner hereby agrees that the Property shall be an age-restricted community which is defined as: "Age Restricted" (a) Shall mean all occupied residential units shall be occupied by at least one person fifty-five(55)years of age or older and all other residents must reside with a person who is fifty-five(55)years of age or older,and be a spouse, a cohabitant, an occupant's child of nineteen (19) years of age or older or provide primary physical or economic support to the person who is fifty-five (55)years of age or older. File#3800G/CMM 1 Greenway Engineering,Inc. July 29,2022 Tax Parcels 53-A-91A&63-A-2A Notwithstanding this limitation (i) a person hired to provide live-in, long term, or terminal health care of a person who is fifty-five (55) years of age or older for compensation may also occupy a dwelling during any time such person is actually providing such care; and (ii) guests under the age of fifty-five (55) shall be permitted for periods of time not to exceed sixty (60)total days in any calendar year. (b) If title to any lot shall become vested in any person under fifty-five (55)years of age by reason of descent,distribution,foreclosure or operation of law,the age restriction set forth in this Section 1 shall not work a forfeiture or reversion of title,but rather such person thus taking title shall not be permitted to reside on such Lot until such person shall have attained fifty-five (55)years of age or otherwise satisfies the requirements as set forth herein. (c) Notwithstanding the foregoing limitations, a surviving spouse shall be allowed to continue to occupy a dwelling without regard to age. (d) The foregoing limitations shall apply to any tenant who resides in any dwelling offered for lease by the Owner thereof. Owner Signature on Following Page File#3800G/CMM 2 Greenway Engineering,Inc. July 29,2022 Tax Parcels 53-A-91A&63-A-2A Owner Signature The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the 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: Greystone Properties, LLC Date Commonwealth of Virginia, City/County of To Wit: The foregoing instrument was acknowledged before me this day of 20 by Notary Public My Commission Expires File#3800G/CMM 3 From: Rod Williams To: Chris Mohn Cc: Wyatt Pearson;John Bishop;Tyler Klein Subject: RE: "[External]"RE: Greystone Proffer Amendment: Review/Comment Request Date: Tuesday,June 21,2022 2:56:08 PM Attachments: imaae001.pna Greystone Properties Aae-Restricted Rezonina-Amended Proffer Statement(6-20-2022)rbw edits.docx Chris, I have now reviewed this and have only technical changes: a format change with respect to the placement of the "2" to reflect it being the second section of Proffer A; some capitalization changes re defined and other terms; and the addition of the use of a defined term (the "Property"). For simplicity, I have shown the changes in the attached. Subject to these changes, the proposed amended proffer statement is in legally acceptable form. You may consider this email in lieu of the completed comment form. Thank you. Rod Roderick B. Williams County Attorney Frederick County, Virginia 107 North Kent Street Winchester, Virginia 22601 540-722-8383 From: Chris Mohn <cmohn@greenwayeng.com> Sent:Tuesday,June 21, 2022 8:54 AM To: Ro > Subject: '[External]'RE: Greystone Proffer Amendment: Review/Comment Request Hi Rod, In follow-up to my email from last week, attached is a Word version of the draft proffer statement for the Greystone amendment. I apologize for not including this version with my original submission to you. Please advise if any additional information is required for your review. Thanks! Chris Christopher Mohn,AICP I Vice President/ Director of Planning Phone:540.662.4185 1 Cell:540.333.2392 1 Email: From: Chris Mohn Sent: Friday,June 17, 2022 2:11 PM To: Rod Williams < s> Subject: Greystone Proffer Amendment: Review/Comment Request Importance: High Hi Rod, As you are aware, Greystone LLC is seeking to amend the approved proffers applicable to Tax Map Numbers 53-A-91 and 63-A-2A so that language governing age-restricted housing is more closely aligned with relevant HUD standards. To that end, we are assembling an application to administratively amend the proffers, and you have been rightfully identified as the Ione review agency from whom comment/approval is required for formal submission. Please find attached a copy of the proposed amended language for your review and comment. Note that the proposed language was prepared by Mike Bryan on behalf of Greystone and has been vetted through the attorney of the contract purchaser, DR Horton. I have also provided a copy of the application form and a location map to help you get oriented. If you require any additional information to facilitate your review, please let me know and I will respond accordingly. Please don't hesitate to contact me with any questions or concerns. I look forward to receiving your feedback. Regards, Chris Christopher Mohn,AICP Vice President/ Director of Planning Winchester,VA I Ashburn,VA I Martinsburg,WV 151 Windy Hill Lane Winchester,VA 22602 Phone: 540.662.4185 Cell: 540.333.2392 Fax: 540.722.9528 Web:www.GreenwayEna.com Email: om 01 Disclaimer:This email may contain confidential and privileged material for the sole use of the intended recipient(s).Any review,use,distribution or disclosure by others is strictly prohibited.If you have received this communication in error,please notify the sender immediately by email and delete the message and any file attachments from your computer.Thank you. To be completed by Planning Staff.- Fee Amount Paid $ Zoning Amendment Number Anticipated PC Hearing Date Date Received Anticipated BOS Hearing Date REZONING APPLICATION FREDERICK COUNTY,VA DEPARTMENT OF PLANNING & DEVELOPMENT 1. Property Owner(s) (please attach additional page(s)if more than two owners): Name: Greystone Properties, LLC Specific Contact Person if Other than Above: Richie Wilkins Address: 13 South Loudoun Street Winchester, VA 22601 Telephone: (540) 662-7215 Email: rwilkins@wilkinsco.com Name: Specific Contact Person if Other than Above: Address: Telephone: Email: 2. Other Applicant Party (such as a contract purchaser) (please attach additional page(s) if necessary): Name: NSA Specific Contact Person if Other than Above: Address: Telephone: Email: 3. Law firm, engineering firm, or other person, if any, serving as the primary contact person for this application: Firm Name: Greenway Engineering, Inc Specific Contact Person at Firm: Chris Mohn Address: 151 Windy Hill Lane Winchester, VA 22602 Telephone: (540) 662-4185 Email: cmohn@greenwayeng.com Please note that, if a law firm, engineering firm, or other person, other than the owner of the property, will be acting on behalf of the owner and/or executing papers on behalf of the owner in connection with the rezoning, the owner will need to execute a power of attorney form granting the firm or person such authority. Page 12 4. Project Name (if any): Greystone Properties, LLC Age-Restricted Community 5. Property Information: a. Property Identification Number(s): 53-A-91, 63-A-2A b. Total acreage of the parcel(s): 119.27 +/-Acres c. Total acreage of parcel(s)to be rezoned(if other than whole parcel(s) is being rezoned): 119.27 +/-Acres d. Current zoning designation(s) and acreage(s) in each designation: RP District 119.27 +/-Acres e. Proposed zoning designation(s) and acreage(s) in each designation: RP District 119.27 +/- Acres f. Magisterial District(s): Gainesboro District g. Location -the property is located at(give street address(es) if assigned or otherwise exact location based on nearest road and distance from nearest intersection, using road names and route numbers): 964 Cedar Creek Grade h. Adjoining Properties: Parcel ID Number Use Zoning See Attached Adjoining Map& Owner Table Exhibits Please attach additional page(s) if necessary. Property identification numbers, magisterial districts, and deed book and page numbers/ instrument numbers may be obtained from the Office of the Commissioner of the Revenue, Real Estate Division, 107 North Kent Street, Winchester, VA 22601. Page 13 6. Disclosure of real parties in interest. Virginia Code § 15.2-2289 provides that localities may by ordinance require any applicant for a zoning amendment to make complete disclosure of the equitable ownership of the real estate to be affected including,in the case of corporate ownership, the name of stockholders, officers, and directors, and in any case the names and addresses of all real parties of interest. Frederick County has, by County Code § 165-101.09, adopted such an ordinance. For each business entity that is an owner or contract purchaser of the property, please list the name and address of each person owning an interest in, or who is an officer or director of, any entity that is an owner or contract purchaser of the property (you need not indicate the amount or extent of the ownership interest). Please note that this requirement does not apply to a corporation whose stock is traded on a national or local stock exchange and having more than 500 shareholders. Greystone Properties, LLC: James T.Vickers&James R.Wilkins III Please attach additional page(s) if necessary. 7. Checklist. Please check that the following items have been included with this application: ❑✓ Location Map ❑✓ Plat Depicting Metes/Bounds of Proposed Zoning ❑✓ Impact Analysis Statement 21 Proffer Statement(if any) ❑✓ Agency Comments ❑✓ Fee ❑✓ Copies of Deed(s)to Property(ies) ✓❑ Tax Payment Verification ❑✓ Digital copies (pdf's) of all submitted items Page 14 7. Signature(s): I (we), the undersigned, do hereby respectfiilly snake application and petition the Frederick County Board of Supervisors to amend the zoning ordinance to change the zoning neap of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors public Bearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my(our)knowledge. Owner: DI/ C7"tate v 2-1-- If signing on behalf of an entity, please state name of entity and your title: Owner: Date If signing on behalf of an entity, please state name of entity and your title: Other Applicant Party (if any): Date If signing on behalf of an entity,please state name of entity and your title: If additional signature lines are necessary, such as if more than two persons are owners, please use additional copies of this page. Page 15 1 GREYSTONE PROFFER AMENDMENT-ADJOINING PROPERTIES MAP ID OWNER NAME MAILING ADDRESS MAILING ADRESS 2 MAILING CITY MAILING MAILING ZIP STATE 1 740 LLC PO BOX 87 WINCHESTER VA 22604 2 WILLOW SPRINGS ESTATE LLC 1520 COMMERCE ST WINCHESTER VA 22601 3 JOVA PROPERTIES LLC PO BOX 2658 WINCHESTER VA 22604 4 LIVELY DIANE B ETALS 513 OLD FORT RD WINCHESTER VA 22601 5 C&W PROPERTIES PO BOX 221 MILLWOOD VA 22646 6 VILLAGE AT HARVEST RIDGE C/O COVENTRY GROUP COMMUNITY MGMT PO BOX 2580 WINCHESTER VA 22604 7 MEDEIROS COZETTE 949 CEDAR CREEK GRADE WINCHESTER VA 22601 8 KOK NURMAN 2307 STONERIDGE RD WINCHESTER VA 22601 9 KUMAR CHOPRA V 7560 RIVER ROAD FLUSHING MI 48433 10 SUMMERFIELD LLC 1573 COMMERCE ST WINCHESTER VA 22601 11 BARTON BONNIE G 2125 STONELEIGH DR WINCHESTER VA 22601 12 BYRD SHARON M GLASS PO BOX 206 BERRYVILLE VA 22611 13 SPANGLER JOHN B 2119 STONELEIGH DRIVE WINCHESTER VA 22601 14 DE MEDICI PROPERTIES LLC C/O NICOLA F DE MEDICI 503 HANDLEY AVE WINCHESTER VA 22601 15 CRANSTON ANN CASEY 2111 STONELEIGH DR WINCHESTER VA 22601 16 CROSON PATRICK 2107 STONELEIGH DRIVE WINCHESTER VA 22601 17 DOLL JEFFERY L TRUSTEE 447 WOODFIELD LANE WINCHESTER VA 22602 18 NAVARRO AYALA LUBIAN 2099 STONELEIGH DR WINCHESTER VA 22601 19 DE MEDICI PROPERTIES LLC C/O NICOLA F DE MEDICI 503 HANDLEY AVE WINCHESTER VA 22601 20 BROOKS RHONDA 2091 STONELEIGH DR WINCHESTER VA 22601 21 HINKLE SUZANNE M 2087 STONELEIGH DR WINCHESTER VA 22601 22 RYALL JONATHAN DAVID 222 AMHERST ST WINCHESTER VA 22601 23 BASNILLO MARCO A V 2079 STONELEIGH DR WINCHESTER VA 22601 24 HALL CHRISTOPHER E 2822 TUCKERS LN LINDEN VA 22642 25 HALL RONALD 209 BAYSHORE DRIVE ELIZABETH CITY NC 27909 26 SUMNER KRIS 906 WAYNE DR WINCHESTER VA 22601 27 BAKER KIMBERLY 2063 STONELEIGH DR WINCHESTER VA 22601 28 TATRO RAY DEAN 2059 STONELEIGH DR WINCHESTER VA 22601 29 GERDAU BRYAN TRUSTEE 2055 STONELEIGH DR WINCHESTER VA 22601 30 JAI LAXMI MAA LLC 723 KENNEDY DR WINCHESTER VA 22601 31 WILSON MARGARET BRIDGET 2047 STONELEIGH DR WINCHESTER VA 22601 32 JOUKAR JAFAR 1938 MELVOR LN WINCHESTER VA 22601 33 CARDERO OLIVIA 2039 STONELEIGH DR WINCHESTER VA 22601 34 SMITH STEPHANIE 2035 STONELEIGH DR WINCHESTER VA 22601 35 MARIN VIOLETA PECHE 2031 STONELEIGH DRIVE WINCHESTER VA 22601 36 PRUSCH ELIZABETH S 348 RITTER RD SEWICKLEY PA 15143 37 WAC PROPERTIES LLC 21 S LOUDOUN ST WINCHESTER VA 22601 38 MITCHELL RALPH C 155 HARVEST RIDGE DR WINCHESTER VA 22601 39 FREEDMAN GARY 2015 STONELEIGH DRIVE WINCHESTER VA 22601 40 WATKINS EARL H 7216 CHERRY LEAF WAY MECHANICSVILLE VA 23111 Greystone Adj list 20220615 2 41 AJIBIKE OPEOLUWA MIRIAM 1946 CIDERMILL LN WINCHESTER VA 22601 42 BONNER LAURA TRUSTEE 1921 CLAYTON RIDGE DR WINCHESTER VA 22601 43 KLUGE THOMAS 1917 CLAYTON RIDGE DR WINCHESTER VA 22601 44 FASANO JEROME FASANO CHRISTINE 1913 CLAYTON RIDGE RD WINCHESTER VA 22601 45 BARNES REX 1909 CLAYTON RIDGE DR WINCHESTER VA 22601 46 BROWN ANN LOUISE 1905 CLAYTON RIDGE DR WINCHESTER VA 22601 47 CAMPBELL KELLY 1901 CLAYTON RIDGE DR WINCHESTER VA 22601 48 MARTIN DANIEL G 1000 STERLING DR WINCHESTER VA 22601 49 BOSTICK DANIEL 1893 CLAYTON RIDGE DR WINCHESTER VA 22601 50 SHAFRAN STEVEN P 1889 CLAYTON RIDGE DR WINCHESTER VA 22601 51 JUSTICE KAREN E 1885 CLAYTON RIDGE DR WINCHESTER VA 22601 52 PATEL DIXABEN 1881 CLAYTON RIDGE RD WINCHESTER VA 22601 53 DINAPOLI CHRISTOPHER R 1877 CLAYTON RIDGE DR WINCHESTER VA 22601 54 HAECKER PAUL B 1869 CLAYTON RIDGE DR WINCHESTER VA 22601 55 HAECKER PAUL B 1869 CLAYTON RIDGE DR WINCHESTER VA 22601 56 CITY OF WINCHESTER 15 N CAMERON ST RISK MANAGER STE 106 WINCHESTER VA 22601 57 CITY OF WINCHESTER 15 N CAMERON ST RISK MANAGER STE 106 WINCHESTER VA 22601 Greystone Adj list 20220615 bb g0+ �pyEv AVE P`Oy��P a >N i F 5 �cf' S N � JycP �d`PP pRC 4p Q� o � S ' W z LuW as fi° 9�+n PP m 9R is <, sr °9�2�ps5 < SAv.A�E\ a � H u)F-- Q 51A91 ?� v W z p'� �o' � ® w W y z 90 W d �� �O� PEMBERTp LL p O N z WQ Ir Z LL I 2 0&,R O W ('J 2 p F LL Z LL SULLYCT j� �NOpLPN4Y�O� �U` d D cy, Q p `<SEA DRp S C 2 zJ �/ U m J �, E<z w F < z V F W tR K (� Legend W 0 F 53 A M 5 RUMAN OR Parcel Boundary O W W W m 2 D,g m Z y�P ® Subject Parcelsw o o(9 p o C, pp{i GREEK GRADE Z< d<U w c taR dREE/(� Adjoiners O w (9 Y o R Y Z a O ? ¢ a m w �DR2SMgy�/ IL Feet <z Ummgzzm QVE v 600 0 600 LL U U may Dau so�«e:r,—rcx Do-mr.v DiS De d..t,2019 Dau; `Gx ooU Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.feva.us ux Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester,Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents That: Greystone Properties, LLC Name of Property Owner/Applicant Please note: If the property owner/applicant is an entity,the name of the entity should appear above. If multiple persons own the property or are applicants,an executed power of attorney from each owner will be needed. 13 South Loudoun Street Winchester, VA 22601 (540)662-7215 Mailing Address of Property Owner/Applicant Telephone Number as owner of,or applicant with respect to,the tract(s) or parcel(s) of land in Frederick County, Virginia,identified by following property identification numbers: 53-A-91 &63-A-2A do hereby make, constitute, and appoint: Greenway Engineering, Inc. Name of Attorney-In-Fact 151 Windy Hill Lane Winchester, VA 22602 (540)662-4185 Mailing Address of Attorney-In-Fact Telephone Number to act as my true and lawful attorney-in-fact for and in my name, place, and stead,with the same full power and authority I would have if acting personally,to file and act on my behalf with respect to application with Frederick County,Virginia for the follow in ,for the above identified property: ❑/ Rezoning Subdivision Conditional Use Permit Site Plan Master Development Plan (prelim.or final) ❑ Variance or Zoning Appeal and,further, my attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This appointment shall expire one year from the day that it is signed, or at such sooner time as I otherwise re i d or mod' it. Signature Title (if s' ing o—nl6Af an a tity) ca ,, }} St e of , n! O , County/City of (.��_); )C.hLS 4 -k , To wit: I , a Notary Public in and for the jurisdiction aforesaid, certify that t person who signed the foregoing instrument personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this day of I -, 20.11. My Commission Expires:, ct1 �361 aDa y Rotat Registration Number: T? 5/q A�1iGFARLAND ORNDORFF NOTARY PUBLIC REG. #7901519 COMMONWEALTH OF VIRGINIA Frederick Home Frederick County Virginia LIFE AT 7WE rOP Pay/Lookup Taxes Payment Home Pp—"pl D--h, Roal r9nn Tans D—,D-1,;— Dia,—Pn +r, rk n;— —+(n1 D, Change Email Inquiry of Real Estate Map Number: 53 A 91 View Map Name: GREYSTONE PROPERTIES LLC account# Dept# Ticket# Seq# Due Date Detailed Information(Click Below) Amount Due ViewBill View Back of Bill 8014327 RE2021 15422 1 6/7/2021 2021 REAL ESTATE $0.00 ViewBill View Back of Bill 8014327 RE2021 15422 2 12/6/2021 2021 REAL ESTATE $0.00 ViewBill View Back of Bill 8014327 RE2022 15654 1 6/6/2022 2022 REAL ESTATE $0.00 Show Current Charges Due Show All Charges Total Due: $0.00 Return to Search Frederick Home Frederick County Virginia LIFE AT 7WE r01' Pay/Lookup Taxes Payment Home Personal Prooertv Real Estate Doo Taos Pav Parkino Violation Other Payments ShonninaCartfO) Pin Options Inquiry of Real Estate Map Number: 63 A 2A View Map Name: GREYSTONE PROPERTIES LLC account# Dept# Ticket# Seq# Due Date Detailed Information(Click Below) Amount Due ViewBill View Back of Bill 8019974 RE2021 15423 1 6/7/2021 2021 REAL ESTATE $0.00 ViewBill View Back of Bill 8019974 RE2021 15423 2 12/6/2021 2021 REAL ESTATE $0.00 ViewBill View Back of Bill 8019974 RE2022 15655 1 6/6/2022 2022 REAL ESTATE $0.00 Show Current Charges Due Show All Charges Total Due: $0.00 Return to Search 030024683 THIS DEED is made this 17th day of October 2003, by and between PEMBROKE a COVE PROPERTIES, L.L.C., a Virginia limited liability company, and Kenneth F. MARSHALL, Grantors, and GREYSTONE PROPERTIES, LLC, a Virginia limited liability d company,Grantee. WITNESSETH: That for and in consideration of the sum of Ten Dollars($10.00)cash in hand paid by the o Grantee to the Grantors,and other good and valuable consideration,the receipt whereof is hereby acknowledged at and before the sealing and delivery of this deed,Grantors do hereby grant and x �a convey with Special Warranty,subject to easements,restrictions and reservations of record,unto t Greystone Properties, LLC, a Virginia limited liability company, all that certain parcel of land containing 112.1850 acres, more or less, and that certain parcel of land containing 7.082 acres, 3t more or less,both situate in Frederick County,Virginia,together with the improvements thereon, 0 (1) and all rights,privileges, appurtenances,easements and rights of way thereunto belonging or in anywise appertaining,more particularly described as follows: h� Tract One: 112.185 Acre Parcel All that certain lot,piece or parcel of land,with all improvements thereon,lying and situated in Frederick County, Virginia, consisting of approximately 112.185 acres (more or less)and is more particularly described in that survey prepared by Marsh & Legge Land Surveyors, P.L.C. dated August 10, 1995, with such survey being attached to the Deed of Confirmation/Correction dated August 26, 1997, recorded in the Clerk's Office of the Circuit Court of Frederick County in Deed Book 886, page 445. Being the same property acquired by Pembroke Cove Properties,L.L.C.,a one-half interest,by Deed dated February 17, 1995,of record in the aforesaid Clerk's Office in Deed Book 834,page 1176,and by Deed of Confirmation/Correction from Clyde Lee Marshall, which deed is dated August 26, 1997 and recorded in the aforesaid Clerk's Office in Deed Book 886,page 445;and the remaining one-half interest,by Deed from Kenneth F. Marshall, as Trustee under the Francis J. Marshall, Jr. Residual Trust U/W,dated February 17, 1995,and recorded in the aforesaid Clerk's Office in Deed Book 834, page 1178, and by Deed of Confirmation/Correction from Kenneth F. Marshall, As Trustee Under the Francis J. Marshall, Jr. Residual This document was prepared by Keeler Obenshoin PC P.O.B"1287,Harrisonburg,Yirginid 2.2803 ry Trust U/W,dated August 26, 1997,recorded in the aforesaid Clerk's Office in Deed Book 886,page 449. Tract Two: 7.082 Acre Parcel All of that certain lot or parcel of land,containing 7.082 acres,more or less, lying and being situate in Back Creek Magisterial District, Frederick County, Virginia, located on the North side of Route 622 also known as Cedar Creek Grade for a length of approximately 402',having approximately 724' on its Eastern boundary, having approximately 295' on its Northern boundary and having approximately 1005'on its Western boundary and containing 7.082 acres,as per plat and survey of Lee A. Ebert, C.L.S., dated November 2, 1981, recorded in the aforesaid Clerk's Office at Deed Book 543,page 247. Being the same property acquired by Kenneth F.Marshall by Deed from Kenneth F, Marshall and Mary L, Marshall,his wife,which deed is dated September 11, 1997 and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia,in Deed Book 887,page 893. This conveyance is expressly subject to easements, conditions, restrictions and reservations contained in duly recorded deeds, plats and other instruments constituting constructive notice in the chain of title to the property hereby conveyed,which have not expired by limitation of time contained therein or otherwise become ineffective. WITNESS the following signature and seal. enneth F.Marshall IN WITNESS WHEREOF, PEMBROKE COVE PROPERTIES, L.L.C. has caused this deed to be executed in its name and on its behalf by the undersigned on due authority. PEMBRO COVE PROP S,L.L.C. BY- ��" SEAL) Name: Title: z Q N C.� STATE OF VIRGINIA CITY/ Y OF� ,to-wit: The fore in trument was acknowledged before me in the jurisdiction aforesaid this day of , 2003, by Kenneth F. Marshall as a memberlmanager of Pembroke Cove Properties,L.L.C.,on its behalf. My commission expires:a0m, zD,'goe67 -a. (SEAL) awry u tc STATE OF VIRGINIA GT CITY/GvcmT*Oyl!��,to-wit: The fo ego' instrument was acknowledged before me in the jurisdiction aforesaid this .?� ay of ,2003,by Kenneth F.Marshall. My commission expires: Q (SEAL) ata a uc Grantee's Address: �.�'y�tt �•} x 13 South Loudoun Street Winchester,Virginia 22601 ., ocj22979 ''•�� \� ............ V1RU1N1A'FRF•I?ER1CK COUNTY,SCF. This instrument of writing was produced to me on .•..____��'3�.....� at x -m-t thereto wledge as dmitt drecord.md with �to firate of cT o imposed by Sec.581-O2xof S3. dt7,d 0 and 58.1.801 have beest paid,if aseeswttla. Clerk EK886PGaLF45 THIS DEED OF CONFIRMATION/CORRECTION, made this 1&L- day of August, 1997, by and between CLYDE LEE MARSHALL (the "Grantor"); and PEMBROKE CO VE PROPERTIES, L.L.C. (the "Grantee"); j j WITNESSETH : This Deed of Confirmalion)Correction is being Bled to more particularly describe the property which was conveyed by the Grantor by deed dated February 17, 1995 and recorded in the Clerk's Office, Circuit Court,Frederick County,Virginia, in Deed Book 834 at page 1176. In that prior deed, the property was described by a reference to rite a 6 land surrounded by various parcels. Since that time,a survey has been prepared and the 1 property conveyed is now more particularly described as follows ((he "Property"): oAll that certain lot,piece or parcel of land,will all improvements thereon, L "' ;� lying and situated in Frederick County, Virginia, consisting of . approximately 112.185 acres (more or less) and is more particularly 10 'a > described in that survey prepared by Marsh & Legge Land Surveyors, P.L.C. dated August 10, 1995,with such survey being attached hereto an incorporated herein by this reference. NFurthermore,[Itis deed shall also serve to correct the"BEING"clause in the deed referred to above wItich originally conveyed this property to the Grantee, In that prior Lo deed, the BEING clause read as follows: BEING the same real estate conveyed to Francis J. Marshall and Ann M. Marshall, as tenants in common, by deed from Francis J. Marshall, Jr. and Clyde Lee Marshall dated April 15, 1948,recorded, April 21, 1948, in the Clerk's Office,Circuit Court, Frederick County,Virginia,in Deed Hook 205 at page 88. However, that BEING clause is erroneous because it reversed the names of the first two families. The BEING clause should read as follows: BEING the same real estate conveyed to Francis J. Marshall, Jr. and Clyde Lee Marshall, as tenants in common, by deed from Francis J. oMarshall and Ann M.Marshall, dated April 15, 1948, recorded, April 0 21, 1948, in the Clerk's Office, Circuit Court, Frederick County, Virginia, in Deed Book 205 at page 88, Francis J. Marshall, Jr. died, Go y testate, on January 5, 1995. FExemption Provision. This is a deed of confli-mation/correction and wItich is exempt from recording tax pursuant to Virginia Cade Section 58.1-810(1) and 58.1- 810(2). This conveyance is made subject to recorded conditions, restrictions and easetuents as the same may lawfully affect the property hereby conveyed. WITNESS the following signature and seal: {SEAL.) G'Yyde Lee Marshall BK886FG0446 'COMMONWEALTH OF VIRGINIA ) :'hY•'' !.cd' .U:•., ) to-Wit: �'��►' Cr WY OP ) V �'•Yi eforcgo1 g instrument was personally acknowledged before me in the `� ,n• ��, of Virginia,this' day of August, 1997,by Clyde Lei �rshalL My commission expires: my CG1ihS15S1OHlfl�kURCH 33,- GRANTEE'S MAILING ADDRESS: Pembroke Cove Properties, L.L.C. c/o Kenneth P. Marshall, Member 219 Moreland Lane Clearbrook,Virginia 22624 i 7• - fYn:rhrc€er & {'/cs€ern R A I f r o 0 d 6]�1(8 8 6 PG 04 43 f G7S t 4 3 S t= Er, U/G Cas Main— I O "a O i 'li SSood" Trailer o LINA TA$l.E �N,p Shad q uN£ DIRECACN 915tmcc k ° a l SYoodan 1� ��L.R C � Bar7dingfl�! L1 S 1435<8 FV 1.36.97" 2 q �8arn amp 1SaadrnC L2 S 14341) FY 200.22_ a:.,n � Shed Shed 13 S 143112 W 81.21 V m O- 14 S D3411? FY 121,63' �Q ;{'oaden Shed " LS N JlJ'4409 f" 7615' O�H nar�cr Shed° o c.Lion,fy� LG S 64'1851"£ 84594' i4r Lrnes(4picol) ti O ✓Jef,: b8 270– p 255 3 t \ �1, 112.�85D Acres � a \� TM 53 Pc{91 t t V t' j C5 cm , w x Nal L w i g � f � � Ggr • Ser ' 'n LAT 12�. cc ctl�W Car. U^M1 Al N/F• Posl N1 PS; �Sso Z�ol�=c 1115>rcP7 �roJes O o f 6j8 pp9 282 1 Gc L 1 N IRF Iron Plod found 4 Saito SRS l(on Rod Sal 0 Ex.Utility Pala � — Es, 4v4rhead Power Lhc h 1 A —g—Ere Go9 Lino = ID .52 ti ae rN 7534'!1" ill N 777yG26" 1C . a�fr td/`dgerorllF 1. Na lino ropori turn iahad. truth 1) P 349 'Hennrlh F.Atarshaa 2- Easements other than shown may e4sL. ' Ola G3F p,l 20 u� rd aR 3. The Informatlon shown on lhls plat f is based upon on actucl field survey made ! rCERT B. 1995. 1Bcmda+t"y S=ey of tb-- ort eoa r<rs' t>raee � �s4S ELS r. �r;. gnifnnaa: hEQ, ' ELATE: AUGLlr T1 ,l 9�g«. 5ca1 : I"; 'f ''''" '1oP6,DISK 19 d; MARSIIALLUSVC-RSH & ��ECaGE Rrveyars;+1'.T. ?_. ROSEMARY B. EADIE, ET VIR TO: DEED * i KENNETH F. MARSHALL, ET UX i i' 543 . 245 THIS DEED, made and dated this J✓pa/G:%L[/3F_-' day of 1981, by and between ROSEMARY B, EADIE ! .! and JOHN H. EADIE, her husband, hereinafter called the Grantors, i and KENNETH F.' MARSHALL and MARY L. MARSHALL, his wife, herein- after called the Grantees, i , WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid and other valuable j consideration, receipt whereof is hereby acknowledged, the i • s Grantors do grant and convey, with General Warranty and with ai English Covenants of Title, unto the Grantees, as tenants by { the entirety in fee simple, with survivorship as at common law, t together with all rights, rights of way, privileges, improve- ments ments thereon, and appurtenances thereto belonging, all the following realty: i z All of that certain lot or parcel of land lying and being situate in Back Creek Magisterial District, Frederick County, Virginia, located on ,} the Northside of Route 622 also known as Cedar Creek Grade fronting on Cedar Creek Crade for a length of approximately 402', having approximately 724' on its Eastern boundary, having approximately 295' on its Northern boundary and having approxi-matel I 7.082yJOS, on its Westacres, as per platern andbounsurveyyofnLeeontaining A. Ebert, C.L.S., dated November 2, 1981, which is attached hereto and made a part hereof as if set out in full. 'Ibis is a portion of the same property conveyed to Carroll E. Campbell and Rosemary B. Campbell, who is one and the same as I ' Rosemary B. Eadie, jointly with right of survivorship, from Lanier Gray, et ux, by deed dated .lune 4, 1957, of record in the Office of the Clerk of the Circuit Court of Frederick County, ! j Virginia, in Deed Book 247, at Page 159. Carroll E. Campbell i died intestate on October 18, 1958, survived by Rosemary B. ! Campbell as set forth in the list of heirs of record in the !� i said Clerk's Office in Will Book 63, Page 63. Reference is here made to the aforesaid plat and survey, deed, and the references contained therein for a further and more particular SCUELY G1 ASS description of the P property conveyed herein. TW4CIC K ArLM' - AtTOIIMlr7 7a 7Exnrr.t nt srnnr r ' wlry[I.ESItn VIn41Nl• • 7 Ynr ! ry( 543 248 The Accompanying Mat is a Survey of a Portion of the Land conveyed to Carroll E.' Campbell and Rosemary B. Campbell by Deed dated 4,7une 1957 in Deed 3001c 247 F°age 159. The said Land fronts the Northern Doundary Linc (Arc Line) of the Cedar Creek Grade - Virginia acute 622, just'. West of the City of Winchester, and lies in Back Creek District, Frederick County, virginiai Beginning at an iron pin in the �:orthern Doundary Line (Arc Line) of Route, G22, a corner to the Roadway leading to the Marshall Farm, the _ ' said Pin being 5 370 31' 00" l,t 35.99 ft. from monument no, 92 - City Limits of the City of Winchester, running with the Western Line of the said Roadway, the said Line being parallel to and 20.0 ft. West of the City Limits Line, 1\1 030 46' 05" T - 727.00 ft. to an iron pin' corner to the ?tarshall Lhndt thence with a Southern Line of the said Land 1, 750 36' 27" 291.40 ft. to a post corner to "the Petained portion; thence with the Eastern Line of the said other Land S 130 05, 14" W - 1,037.92 ft. to an iron pin at the 1'.C. in the Northeastern Boundary Line of Route 6221 thence with the said Line, with the Arc Line i.Tlt Ot 5113.30 £t. (Chord N 650 35' 17', r •- 515.Go ft. � Fl �o to the beginning. w oL _ Containing - - 7.082 Acres �' �irw nrr tc> y Surveyed - - - `-ovembcr 2, 1981 a � rti /iRGEN A FREDERICK COUXY, SCf- This instrument of riling 1/v�a�s ',produced to me on the diy of�•w-&.,f • 19— at m . %nd wifh cerli:icata of aeknowl_dgmeat thereto anae.cad W s ,dmitted to record. 'lase uniozsa3 0.1 8-c• jd'-*•1 of 6 2 O and 53-54 have B~ en paid, if a.sezad6le. Clerk I t 543 FRANCIS J. MARSKALL, JR. CLYDE LEE MARSHALL APPROVED : zz D.& 205 —p 88 WINCHESTER--FREDERICK CO. PoLc HEALTH DEPT. 27ow X41V 291- 40, 0 -V FREDERICK CO. DEPT OF PLANNING N 1 0 0 v To 11 oi mv4k mit; t. CQ 0 I -� -,Nt? f A'X, P.- &� 9 , ",MwVlk', A,4:� cv At- t., i6 -AN-1 j U) 0 YfINrHF'TMR VIPGIMA ch z rjT 4 0 C. t�rl T w7.082 ACRES (JJirIF"'A" -161, 0 Lj 41-!t AN IP S' Q S r as x z E616 a;o -J i zw 0 u '25d 5c; 5Nb.C::,N V.,6,ex 0 C,