HomeMy WebLinkAbout017-22 (RezoningGreystoneProperties) 4G cow ORDINANCE
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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
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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
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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
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`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,
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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
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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
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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
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ViewBill View Back of Bill 8019974 RE2022 15655 1 6/6/2022 2022 REAL ESTATE $0.00
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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
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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,
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FREDERICK CO.
DEPT OF PLANNING
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