HomeMy WebLinkAbout09-05 Commentsdraft.
WILBUR C. HALL (1892 1972)
THOMAS V. MONAHAN (1924 -1999)
SAMUEL D. ENGLE
0. LELAND MAHAN
ROBERT T. MITCHELL, JR.
JAMES A. KLENKAR
STEVEN F. JACKSON
DENNIS J. MCLOUGHLIN, JR.
HAND DELIVERED
HALL, MONAHAN, ENGLE, MAHAN S, MITCHELL
A PARTNERSHIP OF PROFESSIONAL CORPORATIONS
15 7 EAST MARKET STREET 9 EAST BOSCAWEN STREET
LEESBURG, VIRGINIA
TELEPHONE 703 -777 -1050
ATTORNEYS AT LAW
August 3, 2005
Michael T. Ruddy, AICP
Deputy Director
Frederick County Department of Planning
Development
107 North Kent Street
Winchester, VA 22601
WINCHESTER, VIRGINIA
TELEPHONE 540 3200
FAX 540-662 4304
E I awyers @h311111onah,n corn
PLEASE REPLY TO:
P. 0. Box 848
WINCHESTER, VIRGINIA 22604
Re: Declaration of Restrictive Covenant DuBrueler (Freedom Manor)
Dear Mike:
I have reviewed the draft Declaration of Restrictive Covenant provided by
DuBrueler's counsel.
Rather than list my suggested revisions in a letter, I found it preferable to
just propose a suggested revised draft of the Declaration.
Accordingly, you will find enclosed a copy of my revised draft, together
with a copy of the last draft 1 received from DuBrueler's counsel.
Please contact me if you have questions, comments, or concerns with my
Michael T. Ruddy, AICP
August 3, 2005
Page 2
RTM /msp
HALL, MONAHAN, ENGLE, MAHAN MITCHELL
With kind regards, I am
ly yours,
1 P 1
Ro ,ert T. Mitchell Jr.
Tax Map ID:
Prepared by
and Return to:
64- ((A) )-19
Sean A. Everhart, PLC
158 Front Royal Pike, Suite 305C
Winchester, Virginia 22602
DECLARATION OF
RESTRICTIVE COVENANT
WITNESSETH:
THIS DECLARATION OF RESTRICTIVE COVENANT is made this 26 day of September,
2005, by and among Steve A. DUBRUELER, Ray N. DUBRUELER, and Madeline F.
DUBRUELER (hereinafter referred to as "Declarants the COUNTY OF FREDERICK,
Virginia (hereinafter referred to as "County"), FIRST BANK, a Virginia Banking Corporation
(hereinafter referred to as "Bank and Stephen G. BUTLER, TRUSTEE (hereinafter referred to
as "Trustee
WHEREAS, Declarants are the fee simple owners of certain real property lying and being
situated two miles south of the City of Winchester, in Shawnee Magisterial District, Frederick
County, Virginia, containing 2.2021 acres, more or less, and further identified as Tax Parcel No. 64-
A-19 (the "Property");
WHEREAS, Declarants desire to impose a restrictive covenant on the Property regarding
access to Route 822 (Westwood Drive);
WHEREAS, Bank is the beneficiary of two Notes, each secured partially or wholly by the
Property, and evidenced by two deeds of trust recorded as Instrument Numbers 020018297
(modified in Instrument 040024652) and 050005350 among the land records of Frederick County,
Virginia, and Trustee being the trustee under aforesaid deeds of trust;
NOW, THEREFORE, Declarants hereby impose on the Property the following restrictive
covenant:
At such time the Frederick County Board of Supervisors approves the Freedom
Manor Proffer Statement and Generalized Development Plan to allow for an inter
parcel connection that will provide access to the Property: (1) there shall be no
entrances from or across the Property from Route 822 (Westwood Drive) and (2)
there shall be no access across the Property to Route 822 for the benefit of any other
property and no other property shall have access across the Property to Route 822.
This Restrictive Covenant shall run to the benefit of, and be enforceable by, the County.
This Restrictive Covenant shall run with, and be appurtenant to, the Property, and shall be
binding upon the Declarants, their heirs, personal representatives, successors, and assigns.
The Bank and Trustee join in the execution of this Declaration of Restrictive Covenant to
evidence their consent and approval of the placement of the restrictive covenant on the Property.
Page 1 of 5
By:
My Commission Expires: .3 0 2b
COUNTY OF FREDERICK, VIRGINIA
(SEAL)
Joh0.. Riley Jr., Coun dministrator
COMMONWEALTH OF VIRGINIA
CITY OF WINCHESTER, to wit:
The foregoing Declaration of Restrictive Covenant was acknowledged before me, a Notary
Public in the aforementioned jurisdiction, by John R. Riley Jr., County Administrator for the
County of Frederick, Virginia, this 4-4 day of &egtember, 2005.
Gather
ary Public
Page 5 of 5
My Commission Expires: 2/a1/c7-
WITNESS THE FOLLOWING SIGNATURE(S) AND SEAL(S):
Steve A. DuBrueler
R 0 -1)1. 7��� (SEAL)
Ray N. DuBrueler
(SEAL)
K CAA 4 4 11,1V (SEAL)
Madeline F. DuBrueler
COMMONWEALTH OF VIRGINIA
COUNTY OF FREDERICK, to wit:
The foregoing Declaration of Restrictive Covenant was acknowledged before me, a Notary
Public in the aforementioned jutsdiction, by Steve A. DuBrueler, Ray N. DuBrueler, and
Madeline F. DuBrueler, this .3 day of der, 2005.
octbcr
L -4a-c
otary Public
r 4� *ma c?
o =1i =_i
5A NOTARY PUB[1CI'
Page 2 of 5
COMMONWEALTH OF VIRGINIA
ezt Cr FP.tDt -t CAL,
el to wit:
My Commission Expires: )1A I (5
FIRST BANK, a Virginia Banking Corporation
By: C —k_ (SEAL)
Earl W. Foreman, Vice President
The foregoing Declaration of Restrictive Covenant was acknowledged before me, a Notary
Public in the aforementioned jurisdiction Earl W. Foreman, Vice President of First Bank, a
Virginia Banking Corporation, this '-"I day of September, 2005.
Notary Public
o .4W�u v
III�I11
IS NOTARY PUBLIC m`
COMMONWEALTH
OFVEtGIN1A�k' i
Page 3 of 5
My Commission Expires: 3//06°
Stephen G. utler, Trustee
LgStvxda 70 7/ 11)»
Notary Public
(SEAL)
COMMONWEALTH OF VIRGINIA
CITY OF WINCHESTER, to wit:
The foregoing Declaration of Restrictive Covenant was acknowledged before me, a Notary
Public in. the aforementioned jurisdiction, by Stephen G. Butler, Trustee, this 3 day of
September, 2005.
Page 4 of 5
DuBrueler Enterprises
158 Front Ro}el Pike, 305
Winchester, VA 22602
To: Steve Butler
CC:
From: Steve DuBrueler Date: 9/29/2005
Re: Paperwork for signature Pages: 3
Urgent For Review Please Comment Please Reply Please Recycle
bu haveany questions please give me a call, when the paperwork is ready, call and we will be
%ento pick it up.
Tlanks!
Fax: 540- 722 -3787
DuBrueler En(erprises
158 Front Royal Pike, 305
Winchester, VA 22602
7a a- S a 2
To: John R. Riley
From: Steve DuBrueler Date: 9/29/2005
Re: Paperwork for signature Pages: 3
CC:
Fax: 540- 667 -0370
Urgent For Review Please Comment Please Reply Please Recycle
Ifryou have any questions please give me a call, when the paperwork is ready call and we will
come-and pick it up.
Thank you!
plpilvrnt
e5
MEMORY TRANSMISSION R ORT
FILE NUMBER 067
DATE SEP -29 12:41
TO 7223787
DOCUMENT PAGES 03
START TIME SEP -29 12:41
END TIME SEP -29 1 :42
SENT PAGES 03
STATUS OK
FILE NUI,BER 067
O..a...alar S Criort°
158 Freer Royal Pao. 305
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V .3502
1gt-Ea'r t IS
CC:
es
To: Sieve Butler
I Faso: 54p- 722 -3787
From: Stave D maler Date: 9/29/2005
Re: Paper*' Tor s tom
Pagae: 3
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SEP -29 -05 12:42
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SUCCESSFUL TX NOTICE
AtiT.rn IearagNiS L'4tgarigi1v
0 Please Common 0 Please Reply Please FM
when the pap4r orlc s ready. call and we will e
�J��61Fl "i
SEP -12 -05 09:50
Tax Map ID:
Prepared by
and Return to:
FROM-
64- ((A) )-19
Sean A. Everhart, PLC
158 Front Royal Pike, Suite 3050
Winchester, Virginia 22602
DECLARATION OF
RESTRICTIVE COVENANT
THIS DECLARATION OF RESTRICTIVE COVENANT.. is made this day of
2005, by and among Steve A. DUBRUELER, Ray N.
DUBRUELER, and Madeline F. DUBRUELER (hereinafter referred to as "Declarants the
County of Frederick, Virginia (hereinafter referred to as "County FIRST BANK, a Virginia
Banking Corporation (hereinafter referred to as "Bank and Stephen G. BUTLER, TRUSTEE
(hereinafter referred to as "Trustee").
WITNESSETH:
T 331 P.02/06 F 767
WHEREAS, Declarants are the fee simple owners of certain real property lying and being
situated two miles south of the City of Winchester, in Shawnee Magisterial District, Frederick
County, Virginia, containing 2.2021 acres, more or less, and further identified as Tax Parcel No. 64-
A-19 (the "Propert
WHEREAS, Declarants desire to impose a restrictive covenant on the Property regarding
access to Route 822 (Westwood Drive);
WHEREAS, Bank is the beneficiary of two Notes, each secured partially or wholly by the
Property, and evidenced by two deeds of trust recorded as Instrument Numbers 020018297
(modified in Instrument 040024652) and 050005350 among the Lind records of Frederick County,
Virginia, and Trustee being the trustee under aforesaid dr is of tzusg
NOW, THEREFORE, Declarants hereby impose on the Property the following restrictive
covenant: Q
At such time when a public road is dedicated which provides other access to the
Property: (1) there shall be no entra cn a from or access to the Property from Route
822 (Westwood Drive) and (2) there shall be no access across the Property to Route
822 for the benefit of any other property and no other property shall have access
across the Property to Route 822_ .67 r c�
This Restrictive Covenant shall run to the benefit of and be enforceable by, the County.
This Restrictive Covenant shall run with, and be appurtenant to, the Property, and shall be
binding upon the Declarants, their heirs, personal representatives, successors, and assigns.
The Bank and the Trustee join in the execution of this Declaration of Restrictive Covenant to
evidence their consent and approval of the placement of the restrictive covenant on the Property.
Page 1 of 5
SEP -12 -05 09:50 FROM-
WITNESS THE FOLLOWING SIGNATURE(S) AND SEAL(S):
Steve A. DuBrueler
Ray N. DuBrueler
(SEAL)
Madeline F. DuBrueler
COMMONWEALTH OF VIRGINIA
COUNTY OF FREDERICK, to wit:
The foregoing Declaration of Restrictive Covenant was acknowledged before me, a Notary
Public in the aforementioned jurisdiction, by Steve A. DuErueler, Ray N. DuBrueler, and
Madeline F. DuBrueler, this day of September, 2005.
My Commission Expires:
Notary Public
T 331 P.03 /06 F 767
(SEAL)
(SEAL)
Page 2 of 5
SEP -12 -05 09:50 FROM-
My Commission Expires:
FIRST BANK, a Virginia Banking Corporation
B (SEAL)
Earl W. Foreman, Vice President
Notary Public
T 331 P.04 /06 F 767
COMMONWEALTH OF VIRGINIA
COUNTY OF FREDERICK, to wit:
The foregoing Declaration of Restrictive Covenant was acknowledged before me, a Notary
Public in the aforementioned jurisdiction, by Earl W. Foreman, Vice President of First Bank, a
Virginia Banking Corporation, this day of September, 2005.
Page 3 of 5
SEP -12 -05 08:50 FROM-
(SEAL)
Stephen G. Sutler, Trustee
COMMONWEALTH OF VIRGINIA
CITY OF WINCHESTER, to wit:
The foregoing Declaration of Restrictive Covenant was acknowledged before me, a Notary
Public in the aforementioned jurisdiction, by Stephen G. Sutler, Trustee, this day of
September, 2005.
My Commission Expires:
Notary Public
7 -331 P.05 /06 F -767
Page 4 of 5
T -331 P.06 /06 F-767
COUNTY OF FREDERICK, VIRGINIA
B (SEAL)
COMMONWEALTH OF VIRGINIA.
CITY OF WINCHESTER, to wit:
The foregoing Declaration of Restrictive Covenant was acknowledged before me, a Notary
Public in the aforementioned jurisdiction, by this
day of September, 2005.
SEP 12 05 09:50 FROM-
My Commission Expires:
Notary Public
Page 5 of 5
SEP -12 -05 09:50 FROM-
DuBrueler En(erpriscs
158 Front Royal Pike, 305
Winchester, V?, 22602
To: Mike Ruddy
From: Steve DuBrueler Date: 9/12/2005
Re: Paperwork
CC:
T 331 P.01 /06 F -767
Fax: 540-665 -6395
Pages: 6 (including cover page)
Urgent For Review Please Comment Please Reply Please Recycle
09/14/2005 15:02
Tax Map ID:
Prepared by
and Return to:
5404502293
64- ((A)) -19
Sean A. Everhart, PLC
158 Front Royal Pike, Suite 305C
Winchester, Virginia 22802
DECLARATION OF
RESTRICTIVE COVENANT
SEAN A EVERHART PLC PAGE 02/06
THIS DECLARATION OF RESTRICTIVE COVENANT, is made this day of
2005, by and among Steve A. DUBRUELER, Ray N.
DUBRUELER. and Madeline F. DUBRUELER (hereinafter referred to as "Declarants the
COUNTY OF FREDERICK, Virginia (hereinafter referred to as "County FIRST BANK, a
Virginia Banking Corporation (hereinafter referred to as "Bank and Stephen G. BUTLER
TRUSTEE (hereinafter referred to as "Trustee
WITNESSETH:
WHEREAS, Declarants are the fee simple owners of certain real property lying and being
situated two miles south of the City of Winchester, in Shawnee Magisterial District, Frederick
County, Virginia, containing 2.2021 acres, more or less, and further identified as Tax Parcel No. 64-
A-19 (the "Property");
WHEREAS, Declarants desire to impose a restrictive covenant on the Property regarding
access to Route 822 (Westwood Drive);
WHEREAS, Bank is the beneficiary of two Notes, each secured partially or wholly by the
Property, and evidenced by two deeds of trust recorded as Instrument Numbers 020018297
(modified in Instrument 040024652) and 050005350 among the land records of Frederick County,
Virginia, and Trustee being the trustee under aforesaid deeds of trust;
NOW, THEREFORE, Declarants hereby impose on the Property the following restrictive
covenant:
At such time the Frederick County Board of Supervisors approves the Freedom
Manor Proffer Statement and Generalized Development Plan to allow for an inter
parcel connection that will provide access to the Property: (1) there shall be no
entrances from or across the Property from Route 822 (Westwood Drive) and (2)
there shall be no access across the Property to Route 822 for the benefit of any other
property and no other property shall have access across the Property to Route 822.
This Restrictive Covenant shall run to the benefit of, and be enforceable by, the County.
This Restrictive Covenant shall run with, and be appurtenant to, the Property, and shall be
binding upon the Declarants, their heirs, personal representatives, successors, and assigns.
The Bank and Trustee join in the execution of this Declaration of Restrictive Covenant to
evidence their consent and approval of the placement of the restrictive covenant on the Property.
Page 1 of 5
09/14/2005 15:02 5404502293
WITNESS THE FOLLOWING SIGNATURE(S) AND SEAL(S):
My Commission Expires:
SEAN A EVERHART PLC PAGE 03/06
(SEAL)
Steve A. DuBrueler
(SEAL)
Ray N. DuBrueler
Madeline F. DuBrueler
COMMONWEALTH OF VIRGINIA
COUNTY OF FREDERICK, to wit:
The foregoing Declaration of Restrictive Covenant was acknowledged before me, a Notary
Public in the aforementioned jurisdiction, by Steve A. DuBrueler, Ray N. DuBrueler, and
Madeline F. DuBrueler, this day of September, 2005.
Notary Public
(SEAL)
Page 2 of 5
09/14/2005 15:02 5404502293
By:
SEAN A EVERHART PLC
FIRST BANK, a Virginia Banking Corporation
(SEAL)
Earl W. Foreman, Vice President
COMMONWEALTH OF VIRGINIA
COUNTY OF FREDERICK, to wit:
The foregoing Declaration of Restrictive Covenant was acknowledged before me, a Notary
Public in the aforementioned jurisdiction, by Earl W. Foreman, Vice President of First Bank, a
Virginia Banking Corporation, this day of September, 2005.
Notary Public
My Commission Expires:
Page 3 of 5
PAGE 04/06
_09/14/2005 15:02 5404502293
SEAN A EVERHART PLC PAGE 05/06
COMMONWEALTH OF VIRGINIA
CITY OF WINCHESTER, to wit:
The foregoing Declaration of Restrictive Covenant was acknowledged before me, a Notary
Public in the aforementioned jurisdiction, by Stephen G. Butler, Trustee, this day of
September, 2005.
My Commission Expires:
(SEAL)
Stephen G. Butler, Trustee
Notary Public
Page 4 of 5
,09/14/2005 15:02 5404502293 SEAN A EVERHART PLC
COUNTY OF FREDERICK, VIRGINIA
COMMONWEALTH OF VIRGINIA
CITY OF WINCHESTER, to wit:
The foregoing Declaration of Restrictive Covenant was acknowledged before me, a Notary
Public in the aforementioned jurisdiction, by this
day of September, 2005.
Notary Public
My Commission Expires:
By: (SEAL)
Page 5 of 5
PAGE 06/06
09/14/2005 15:02
Tax Map ID:
Prepared by
and Retum to:
5404502293
64.((A »-19
Sean A. Everhart, PLC
158 Front Royal Pike, Suite 305C
Winchester, Virginia 22502
DECLARATION OF
RESTRICTIVE COVENANT
SEAN A EVERHART PLC PAGE 02/06
THIS DECLARATION OF RESTRICTIVE COVENANT, is made this day of
2005, by and among Steve A. DUBRUELER, Ray N.
DUBRUELER, and Madeline F. DUBRUELER (hereinafter referred to as "Declarants the
COUNTY OF FREDERICK, Virginia (hereinafter referred to as "County"), FIRST BANK, a
Virginia Banking Corporation (hereinafter referred to as `Bank and Stephen G. BUTLER
TRUSTEE (hereinafter referred to as "Trustee
WITNESSETH:
WHEREAS, Declarants are the fee simple owners of certain real property lying and being
situated two miles south of the City of Winchester, in Shawnee Magisterial District, Frederick
County, Virginia, containing 2.2021 acres, more or less, and further identified as Tax Parcel No. 64-
A-19 (thc "Property");
WHEREAS, Declarants desire to impose a restrictive covenant on the Property regarding
access to Route 822 (Westwood Drive);
WHEREAS, Bank is the beneficiary of two Notes, each secured partially or wholly by the
Property, and evidenced by two deeds of trust recorded as Instrument Numbers 020018297
(modified in Instrument 040024652) and 050005350 among the land records of Frederick County,
Virginia, and Trustee being the trustee under aforesaid deeds of trust;
NOW, THEREFORE, Declarants hereby impose on the Property the following restrictive
covenant:
At such time the Frederick County Board of Supervisors approves the Freedom
Manor Proffer Statement and Generalized Development Plan to allow for an inter
parcel connection that will provide access to the Property: (1) there shall be no
entrances from or across the Property from Route 822 (Westwood Drive) and (2)
there shall be no access across the Property to Route 822 for the benefit of any other
property and no other property shall have access across the Property to Route 822.
This Restrictive Covenant shall run to the benefit of, and be enforceable by, the County.
This Restrictive Covenant shall run with, and be appurtenant to, the Property, and shall be
binding upon the Declarants, their heirs, personal representatives, successors, and assigns.
The Bank and Trustee join in the execution of this Declaration of Restrictive Covenant to
evidence their consent and approval of the placement of the restrictive covenant on the Property.
Page 1 of 5
09/14/2005 15:02 5404502293
WITNESS THE FOLLOWING SIGNATURE(S) AND SEAL(S):
My Commission Expires:
SEAN A EVERHART PLC PAGE 03/06
(SEAL)
Steve A. DuBrueler
(SEAL)
Ray N. DuBrueler
Madeline F. DuBrueler
Notary Public
(SEAL)
COMMONWEALTH OF VIRGINIA
COUNTY OF FREDERICK, to wit:
The foregoing Declaration of Restrictive Covenant was acknowledged before me, a Notary
Public in the aforementioned jurisdiction, by Steve A. DuBrueler, Ray N. DuBrueler, and
Madeline F. DuBrueler, this day of September, 2005.
Page 2 of 5
09/14/2005 15:02 5404502293
By:
SEAN A EVERHART PLC
FIRST BANK, a Virginia Banking Corporation
(SEAL)
My Commission Expires:
Earl W. Foreman, Vice President
COMMONWEALTH OF VIRGINIA
COUNTY OF FREDERICK, to wit:
The foregoing Declaration of Restrictive Covenant was acknowledged before me, a Notary
Public in the aforementioned jurisdiction, by Earl W. Foreman, Vice President of First Bank, a
Virginia Banking Corporation, this day of September, 2005.
Notary Public
Page 3 of 5
PAGE 04/06
09/14/2005 15:02 5404502293
My Commission Expires:
Stephen G. Butler, Trustee
Notary Public
SEAN A EVERHART PLC PAGE 05/06
(SEAL)
COMMONWEALTH OF VIRGINIA
CITY OF WINCHESTER, to wit:
The foregoing Declaration of Restrictive Covenant was acknowledged before me, a Notary
Public in the aforementioned jurisdiction, by Stephen G. Butler, Trustee, this day of
September, 2005.
Page4
.09/14/2005 15:02 5404502293
By:
Notary Public
My Commission Expires:
SEAN A EVERHART PLC
COUNTY OF FREDERICK, VIRGINIA
(SEAL)
COMMONWEALTH OF VIRGINIA
CITY OF WINCHESTER, to wit:
The foregoing Declaration of Restrictive Covenant was acknowledged before me, a Notary
Public in the aforementioned jurisdiction, by this
day of September, 2005.
Page 5 of 5
PAGE 06/06
WILBUR C. HALL (1892 1972)
THOMAS V. MONAHAN (1924-1999)
SAMUEL D. ENGLE
0. LELAND MAHAN
ROBERT T. MITCHELL, JR.
JAMES A. KLENKAR
STEVEN F. JACKSON
DENNIS J. MCLOUGHLIN, JR.
HALL, MONAHAN, ENGLE, MAHAN MITCHELL
A PARTNERSHIP OF PROFESSIONAL CORPORATIONS
I d 7 EAST MARKET STREET 9 EAST BOSCAWEN STREET
LEESBURG, VIRGINIA
TELEPHONE 703 777-1050
ATTORNEYS AT LAW
June 28, 2005
Michael T. Ruddy, AICP
Deputy Director
Frederick County Department of Planning
Development
107 North Kent Street
Winchester, VA 22601
Dear Mike:
WINCHESTER, VIRGINIA
TELEPHONE 540 -3200
FAX 540-552 4304
E MAIL lawyers @hallmoaahaa.com
Re: Du Brueler (Freedom Manor) Proposed Proffer Statement
JUN 2 9 2005
PLEASE REPLY TO:
P. 0. Box 848
WINCHESTER, VIRGINIA 22604 0848
1 have reviewed the above referenced proposed proffer statement. It is my
opinion that the proposed proffer statement is generally in a form to meet the
requirements of the Frederick County Zoning Ordinance and the Code of Virginia,
and is legally sufficient as a proffer statement, subject to the following:
heading f t 1) d ed at the The ileading "Proposed Proffer Statement" should be added aL Ltle LGp
of the first page.
2. The Rezoning No. should be inserted at the beginning of the Proposed
Proffer Statement.
3. 1 would suggest that in the identification of PROPERTY at the top of
the page there be added: "(the Property) and that throughout the Proffer Statement
the subject property be referred to as "the Property rather than "the 26.87 -acre
property
Michael T. Ruddy
June 28, 2005
Page 2
HALL, MONAHAN, ENGLE, MAHAN MITCHELL
4. The second paragraph under "Preliminary Matters" is not a complete
sentence (it contains no verb). 1 believe the paragraph is intended to give a reference
to a plat which describes the property (Plat of Mark D. Smith, L.S., dated January 9,
2002). if that plat is recorded in the land records, a reference should be given to the
Instrument Number (or Deed Book and Page Number, if applicable) where the plat
is recorded. If the plat is not recorded, a copy of the plat should be attached to the
Proffer Statement. Otherwise, the reference to the plat would be meaningless.
Further, the paragraph makes reference to a "Zoning Exhibit" (Plat of Richard A.
Edens, L.S. dated January 13, 2003). I don't know what the "Zoning Exhibit" is.
Also, as discussed regarding the 2002 plat, above, if the 2003 plat is going to be
referenced in the Proffer Statement, the info''uation on when the plat is recorded, or
a copy of the plat, should be provided.
5. The first paragraph under Preliminary Matters states that
development of the subject property shall be done in conformity with the terms and
conditions set forth herein Therefore, it is unnecessary to state at the beginning
of each proffer that "the applicants hereby proffer.
6. There is aplat attached to the copy of the Proffer Statement provided
to me which is titled "Generalized Development Plan Exhibit for Freedom Manor"
"GDP It is not clear from the Proffer Statement, but I assume the Applicants are
proffering to develop the property in accordance with the attached GDP. if so a
proffer should be added as follows:
"Generalized Development Plan
The Property shall be developed in substantial
conformity with the Generalized Development Plan by Greenway Engineering dated
April 21, 2004, a copy of which is attached."
Michael T. Ruddy
June 28, 2005
Page 3
HALL, MONAHAN, ENGLE, MAHAN MITCHELL
7. Paragraph (A)(1): The reference to "12,000 square foot lots" should
be deleted, as 12,000 square feet is just the minimum lot size for single- family
detached urban lots, and not a requirement or•part of the title of that type lot. Further,
the proffer should exclude all other uses, including other housing types. Therefore,
I would recommend that Paragraph (A) (1) be amended to read: "The Property shall
be used for the development of Single Family Detached Urban Residences only, and
all other uses and housing types otherwise permitted in the RP zoning district shall
be prohibited."
8. Paragraph (A)(2): I recommend that the word "lots" be changed to
"dwelling units."
9. Paragraph (B)(1): The GDP attached to the Proffer Statement seems
to indicate that the Property does not have frontage on Route 522. If not, have the
Applicants produce documentation that they have the legal right to construct a public
street for an entrance on Route 522. Also, the proffer should specify when the
entrances shall be constructed, probably before the issuance of any building permits
for house construction.
10. Paragraph (B)(2): Presumably, this proffer is to prevent access to
Westwood Drive and Westwood Circle from the "Future Access Road" shown on the
GDP. The Applicants seek to accomplish this by a restrictive covenant on adjoining
property represented to be owned by the Applicants. If this is sought to be
accomplished in this manner, I would recommend the following: (1) a draft of the
document to establish the restrictive covenant be prepared by the Applicants and
submitted to the County for review and approval as a part of this conditional rezoning
application; (2) that the restrictive covenant provide that it runs to the benefit of
Frederick County and shall be enforceable by Frederick County; (3) that the
Applicants provide to the County a Report of Title by a title examiner, verifying
ownership of the adjoining property and identifying any lienholders on the property
(who would have to execute the document establishing the restrictive covenant); (4)
the restrictive covenant document, upon approval by the County, be attached to the
proffer; and (5) that the Proffer Statement provide that the attached restrictive
Michael T. Ruddy
June 28, 2005
Page 4
HALL, MONAHAN, ENGLE, MAHAN MITCHELL
covenant document, upon approval of the rezoning, will be executed and recorded in
the Frederick County land records prior to the commencement of any development
activity on the property.
1 1 Paragraph (B)(3): With respect to the street design, it is shown on
the GDP attached to the proffer statement. See Paragraph 6 of this letter. With
respect to the traffic choker, there should be an affirmative statement that the design
of the traffic choker be approved by the County and that the Applicants will use their
best efforts to obtain approval thereof by VDOT prior to commencement of
construction of the entrance.
12. Paragraph (B)(4): The proffer should provide that the subject
improvements to Route 522 will be completed prior to the opening of the Route 522
entrance to the Property.
13. Paragraph (B)(5): This proffer indicates that all of the rights of way
needed to do the referenced improvements to Papermill Road are not available. It is
further my understanding that there are not sufficient rights of way currently available
or under the control of Applicants to start the improvements. Therefore, I would
make the following recommendations for consideration with respect to this proffer:
(a) The engineered road design for the full intersection
improvements to be provided by the Applicants should be subject to approval by
Frederick County and VDOT.
(b) The estimated cost for the full intersection improvements
should be established at the time of approval of the design, and should be subject to
approval of Frederick County.
(c) An amount of 120% of the approved estimated construction
cost should be established to cover the future construction costs "Proffered
Amount
Michael T. Ruddy
June 27, 2005
Page 5
(d) The Applicants should pay to the County an agreed -upon
percentage of the Proffered Amount upon the issuance of each building permit, to be
held by the County to cover the cost of the subject intersection improvements.
14. Paragraph (C): See Paragraph 6 of this letter.
15. Paragraph (D): The proffer states that the buffer "will not contain
any portion of residential Tots." Who is to own the buffer? Who is to maintain the
buffer? Is there to be a property owners' association? There is nothing in the proffers
about a property owners' association. Also, it appears that the Applicants will
provide a bicycle and pedestrian easement, but that the facilities would be developed
"by others Who?
16. Paragraph (E): See Paragraph 15, above of this letter regarding the
bicycle and pedestrian easement.
17. Paragraph (F): I recommend that the proffer itemize the allocation
of the $9,845 per lot contribution, rather than referencing the Fiscal impact Model.
1 have not reviewed the substance of the proffers as to whether the proffers are
suitable and appropriate for the specific site, as it is my understanding that that review
will be done by the staff and the:Planning Commission.
RTM /ks
HALL, MONAHAN, ENGLE, MAHAN MITCHELL
truly yours,
Robert T. Mitche
Rezoning Comments
Mail to:
Virginia Department of Transportation
Attn: Resident Engineer
14031 Old Valley Pike
Edinburg, Virginia 22824
(540) 984-5600
Applicant's Name:
Mailing Address:
Virginia Department of Transportation
FREEDOM MANOR (Greenway File 3230)
Greenway Engineering
Attn.: Andy Conlon AICP
151 Windy Hill Lane
Winchester, VA 22602
Current zoning: RA Zoning requested: RP
Hand deliver to:
Virginia Department of Transportation
Attn: Resident Engineer
1550 Commerce Street
Winchester, Virginia
Telephone: 540- 662 -4185
Location of property: Fronting on the east side of Papennill Road (Route 644), approximately
2,300 feet west northwest of the intersection of Papermill Road and Front Royal Pike (Route
522).
Acreage: 26.87
Virginia Department of Transportation Comments:
VDOT Signature Date:
(0/
Notice to VDOT Please Return This Form to the Applicant
nmmiomnmr,r
mr -rrar
Philip A. Shucet
COMMISSIONER
June 7, 2005
Mr. Andy Conlon, AICP
C/O Greenway Engineering
151 Windy Hill Lane
Winchester, VA 22602
Dear Mr. Conlon:
Sine
v
Lloyd A. Ingram
Transportation Engineer
LAI/rf
Enclosure Comment Sheet
COMM•NWEALTH of VIRQINIA
DEPARTMENT OF TRANSPORTATION
EDINBURG RESIDENCY
14031 OLD VALLEY PIKE
EDINBURG, VA22824
Ref: Freedom Manor Rezoning
Routes 644 522, Frederick County
Greenway File #3230
The documentation within the application to rezone this property appears to have a measurable
impact on Routes 644 and 522. These route are the VDOT roadways which has been considered as
the access to the property referenced.
VDOT is satisfied that the transportation proffers offered in the Freedom Manor rezoning application
dated May 19, 2005 addresses transportation concerns associated with this request.
Before development, this office will require a complete set of construction plans detailing entrance
designs, drainage features, and traffic flow data from the I.T.E. Trip Generation Manual, Seventh
Edition for review. VDOT reserves the right to comment on all right -of -way needs, including nght-
of -way dedications, traffic signalization, and off-site roadway improvements and drainage. Any
work performed on the State's right -of -way must be covered under a land use permit. This permit is
issued by this office and requires an inspection fee and surety bond coverage.
Thank you for allowing us the opportunity to comment.
VirglniaDOT.org
WE KEEP VIRGINIA MOVING
JERRY A. GOPP
RESIDENT ENGINEER
TEL (540)984 -5600
FAX(540)984 -5607
Control number
RZ04 -0009
Project Name
Freedom Manor
Address
151 Windy Hill Lane
Type Application
Rezoning
Current Zoning
RA
Automatic Sprinkler System
No
Other recommendation
Emergency Vehicle Access
Not Identified
Siamese Location
Not Identified
Access Comments
Plan Approval Recommended
Yes
Date received Date reviewed
4/26/2004 4/28/2004
Tax ID Number
64 -A -19, 20, 23
Frederick County Fire and Rescue
Department
Office of the Fire Marshal
Plan Review and Comments
City
Winchester
Recommendations
Automatic Fire Alarm System Residential Sprinkler System
No Yes
Requirements
Hydrant Location
Not Identified
Roadway /Aisleway Width
Not Identified
Applicant
Greenway Engineering
State
VA
Reviewed By
Timothy L. Welsh
Fire District
21
Emergency Vehicle Access Comments
Additional details of the proposed emergency access should accompany subdivision plans.
Signature
Zip
22602
Rescue District
21
Fire Lane Required
Yes
Special Hazards
No
Date Revised
Applicant Phone
540 662 -4185
Election District
Shawnee
Additional Comments
Water supplies for firefighting shall meet the requirements of Frederick County Code section 90 -4 or
the Virginia Statewide Fire Preveniion Code 2000Edition.
Title Pi AN= A OtJED
19E MARSHAL:, EP DERICKCOUNTY
FAX NUMBER:
662 -0820
PHONE NUMBER:
665 -0827
RE:
Adams Rezoning
NOTES /COMMENTS.
Chief Whitacre:
I look forward to hearing from you.
Andy Conlon
F N -1 r r C. I 1"---1 E
151 Windy Hill Lane
Winchester, Virginia 22602
Telephone 540- 662 -4185
FAX 540- 722 -9528
FACSIMILE TRANSMITTAL SHEET
TO: FROM:
Dave Whitacre, Chief Andy Conlon
COMPANY: DATE:
Company 21, Millwood Stn VFRD JUNE 7, 2004
TOTAL NO. OF PAGES INCLUDING COVER:
5
SENDER'S REFERENCE NUMBER:
YOUR REFERENCE NUMBER.
3230
URGENT n FOR REVIEW PLEASE COMMENT PLEASE REPLY PLEASE RECYCLE
I am sending a copy of the Review Agency Comment Request Form sent to Company 21 on
April 27, 2004, and (just for your reference) a copy of The Frederick County Fire Marshal's
responce. Please let me know if Company 21 has any comments. If you would like to phone
me with your comments, I would be glad to transcribe your words to paper and then get you a
copy for your signature.
Engineers Surveyors
Founded in 1971
Dear Mr. Conlon:
Mr. Andy Conlon
Greenway Engineering
151 Windy Hill Lane
Winchester, Virginia 22602
RE: Freedom Manor Rezoning
Frederick County, Virginia
June 8, 2004
COUNTY of FREDERICK
Department of Public Works
540/665 -5643
FAX: 540/678 -0682
We have completed our review of the proposed Freedom Manor rezoning and offer the
following comments:
1) Under transportation and alternative access option B.4., indicate what
circumstances would prevent the dedication of sufficient right -of -way for a left
turn lane if the applicant is providing the land for the subject right -of -way.
2) If the alternative access option referenced above is adopted, indicate if sufficient
easements have been obtained to connect the proposed subdivision to Front Royal
Pike.
3) The evaluation of stormwater shall also include the impact of increased volumes on
downstream channels and drainage structures. If it is intended to use the existing
ponds as stormwater management facilities, it will be necessary to perform a
thorough evaluation of the subsurface and as -built conditions of the existing
structures. Also, the use of retention facilities will require a detailed evaluation.
4) The comparison of the projected yearly waste volume from the proposed
development to the projected total capacity of the landfill does not adequately
present a valid comparison of the impact on the solid waste program in Frederic
County. The impact discussion is comparing a yearly disposal rate at build -out
with a total capacity. It is estimated that the proposed development will have a
yearly solid waste impact cost of $150 per dwelling and will represent an
approximate one (1) percent increase in the solid waste generated in Frederick
County per year.
107 North Kent Street Winchester, Virginia 22601 -5000
0
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Freedom Manor Rezoning Comments
Page 2
June 8, 2004
I can be contacted at 665 -5643 should you have any questions regarding the above
comments.
cc: Frederick County Planning and Development
file
Sincerely,
Harvey trawsnyder, Jr., P.E.
Director of Public Works
Sanitation Authority Comments:
ND co di i,e4/
Sanitation Authority Signature Date: r
t_'c
r i 2!/ L
_Notice to Sanitation Authority Please Return This Fornr to the
Rezoning Comments
ZAWIrriEnZtiraisTfltiarriliraiiiiir
Frederick County Sanitation Authority
Mail to:
Frederick County Sanitation Authority
Attn: Engineer
P.O. Box 1877
Winchester, Virginia 22604
(540) 868-1061
Applicant Name: Greenway Engineering
Attn.: Evan A. Wyatt, AICP
Mailing Address: 151 Windy Hill Lane
Winchester, VA 22602
Current Zoning:
RA RP Zoning Requested:
Telephone: 540- 662 -4185
Hand deliver to:
Frederick County Sanitation Authority
Attn: Engineer
315 Tasker Road
Stephens City, Virginia
Applicant: Please fill out the information as' accurately as possible in order to assist the
Sanitation Authority with their review. Attach a copy of your 'application form, location
map, proffer statement, impact analysis, and any other pertinent information.
Location of Property: Fronting on the west side of Papermill Road (Route 644), approximately 2300
feet west- northwest of the intersection of Papermill Road and Front Royal Pike (Route 522).
RP Acreage: 47.54
Fred -Winc Service Authority's Comments:
no CCniv*ct(3
Fred- Winc Service Authority's
Signature Date:
4(
Notice to Fr i.d %F''dECc Service Lulhurlty l °ICasc. Red urn [his'
Form hi dhC AnOiciM
Rezoning Comments
Mail to:
Fred -Winc Service Authority
Attn: Jesse W. Moffett, Executive Director
P.O. Box 43
Winchester, Virginia 22604
(540) 722 -3579
Application:
Applicant's Name:
Mailing Address:
Freedom Manor Rezoning
Greenway Engineering
Attn.: Evan A. Wyatt AICP
151 Windy Hill lane
Winchester, VA 22602
Current zoning: RA RP Zoning requested: RP
Frederick —Winchester Service Authority
Hand deliver to:
Fred -Winc Service Authority
Attn: Jesse W. Moffett
107 North Kent Street
Winchester, Virginia
Apphcant Please fill ou t'the tnformatron'as accurately )as possrble' to assts
redertck W Authority with them revrew: ,Attac a copy of a
form, location map, proffer s and any_ather pertinent mfor'mati
Telephone: 540- 662 -4185
Location of property: Fronting on the west side of Papermill Road (Route 6641, approximately
2 300 feet west northwest of the intersection of Papermill Road and Front Royal Pike (Route
522).
Acreage: 47.54
Il
JUN 0 4 nn04
FredS 0ck County Publl Jch® ®Is
Administrative Assistant Al Omdorff
to the Superintendent orndorfa@frederick.k12.va.us
Mr. Evan Wyatt
Greenway Engineering
151 Windy Hill Lane
Winchester, VA 22602
RE: Freedom Manor Property Rezoning
.1415 Amherst Street
PO, Box 3508
Winchester, Virginia 22604-2546
`211.SLire ail SC.Licients an exceVent educatr
Dear Mr. Wyatt
This letter is in response to your request for comments conceming the rezoning
application for the proposed Freedom Manor from RA -RP to RP. Based on the information
included in the application packet, it is anticipated that the proposed 120 single family homes
will yield a total of 84 new students upon build -out.
Significant residential growth in Frederick County has resulted in the schools serving this
area having student enrollments nearing or exceeding their practical capacity. The cumulative
impact of this project and others of similar nature, coupled with the number of approved,
undeveloped residential lots in the area, will necessitate the future construction of new school
facilities to accommodate increased student enrollments.
The impact of this rezoning on current and future school needs should be considered
during the approval process. This application does meet the recommended fiscal impact model
monetary proffer for schools.
AIOrndorff
t 6 r Administrative Assisi t to the Superintendent
m
i\ 0 .7
May 10, 2004
Copy: William C. Dean Ph. D., Superintendent of Schools
Robert W. Cleaver, Assistant Superintendent for Administration
Respectfully Yours,
rederick.k12.va.us
540-662 -3889 ext. 112
540-545 -2439
540-6623890 fax
r
Rezoning Comments
Frederick County Department of Parks Recreation
MELear -ter rea rae
Mail to:
Frederick County
Department of Parks Recreation
107 North Kent Street
Winchester, Vir 22601
(540) 665-5678
Applicant. Please fill out`the info rmatron as accurately as possrble in order to assist the
ment of Par ks &Recreation with their review. Attach a copy of your application
f l ocation map, p roffer statement, impact analysis, and any o pertinent
information.
Application:
Applicant Name: Greenway Engineering Telephone: 540- 662 -4185
Attn.: Evan A. Wyatt AICP
Freedom Manor (Casey /Swisher to DuBrueler property) Rezoning
Mailing Address: 151 Windy HillLane
Winchester, VA 22602
Location of Property: Fronting on the east side of Papermill Road (Route 644), approximately
2 300 feet west- northwest of the intersection of Papermill Road and Front Royal Pike (Route
522).
Current Zoning: RA RP Zoning Requested: RP Acreage: 47.54
Department of Parks Recreation Comments:
Pks. Rec. Signature Date:
See Attached
Hand deliver to:
Frederick County
Department of
Parks Recreation
County Administration Bldg., 2nd Floor
107 North Kent Street
Winchester, Virginia
Notice to De artment of Parks ecreation Please Return This Fern u to the Applicant
v
FREEDOM MANOR REZONING COMMENTS
Department of Parks Recreation Comments:
Based on the revised proffer statement dated May 28, 2004, staff recommends the developer be
responsible for the construction of a 10' wide bicycle and pedestrian facility within the 20' non-
exclusive easement intended for that use. Also, construction of the bicycle and pedestrian
facility should meet this department's minimum standards and maintenance of said facility
should become the responsibility of the development's home owners' association.
No more than 50% of the required open space shall be within: lakes and ponds, wetlands or steep
slopes. Staff has not received an open space summary for review.
A
Parks Recreation Signature and Date: t %/v yv4,// 2 /r �'J�
SERVING THE
TOP OE VIRGINIA
q &THORll
March 18, 2005
Dear Mr. Conlon:
WINCHESTER REGIONAL AIRPORT
Andy Conlon
Greenway Engineering
151 Windy Hill Lane
Winchester, Virginia 22602
Re: Rezoning Comment RA to RP
Freedom Manor
Shawnee Magisterial District
We have reviewed the proposed rezoning request for Freedom Manor and it
appears that the proposed rezoning request for residential will not impede
operations at the Winchester Regional Airport.
However, this proposed site does lie within airspace of the Winchester Regional
Airport and residents in that area may experience noise from over flights of
aircraft departing to and from the airport.
We appreciate the opportunity to review these plans and your cooperation in
ensuring the continuing operations of the Winchester Regional Airport.
Sincerely,
Prnail\
S. R. Nianuei
Executive Director
491 AIRPORT ROAD
WINCHESTER, VIRGINIA 22602
(540) 662 -2422
1
County Attorney's Comments:
A-701.-s----- taig-ect-r--- it--- -€.-----cia-f-7M------4,
._._/-ai-nn-----;.i ,r.e_i-
AssistemtCounty Attorne 's
5'
Signature Date: dr j S 9" O
Notice to (o ntv Attorney' 'Please Return This Form to the Applicant
Rezoning Comments
Current Zoning:
Mail to:
Frederick County Attorney
Co. Administration Bldg., Suite 202
107 North Kent Street
Winchester, Virginia 22601
(540) 665-6383
Frederick County Attorney
Mailing Address: 151 Windy HillsLane
Winchester, VA 22602
Hand deliver to:
Frederick County Attorney
Co. Administration Bldg., Suite 202
107 North Kent Street
Winchester, Virginia
Applicant: Please filloutthe information as accurately as possible in order to assist the County
Attorney's office with their review Attach a copy of your application form, location map,
proffer statement, impact analysis, and any other pertinent information.
Applicant Name: Greenway Engineering Telephone: 540- 662 -4185
Attn. Evan A. Wyatt, AICP
Location of Property: Fronting on the west side ofPapermillRoad (Route 644), approximately 2,300
feet west- northwest of the intersection of Papermill Road and Front Royal Pike (Route 522).
RA RP Zoning Requested: RP Acreage: 47.54
February 6, 2002
Mr. Mark D. Smith, P.E., L.S.
151 Windy Hill Lane
Winchester, VA 22602
RE: Request for Historic Resources Advisory Board (HRAB) Comments
Casey Property Rezoning Route 522
Dear Mark:
Upon review of the. Casey property rezoning, it appears that the proposal does not significantly
impact historic properties. HRAB comment is not needed and this item will not be scheduled for
review at the HRAB's next meeting.
Thank you for the chance to comment on this application. Please call if you have any questions or
concerns.
Sincerely,
Rebecca Ragsdale
Planner I
RAR/kac
U COMMITTEES HRAMRecommendationsTaseyRZwpd
107 North Kent Street Winchester, Virginia 22601 -5000
COUNTY of FREDERICK
Department of Planning and Development
540/665 -3651
FAX: 540 /665 -6395
File #3230 /FAWajc
Review Agency Comments:
1. Frederick County Dept of Planning Development
(nb written comments)
2. Virginia Department of Transportation
3. Frederick County Dept Public Works
4. Frederick County Public Schools
5. Frederick County Sanitation Department
6. Frederick Winchester Service Authority
7. Frederick County Dept of Fire Marshal
8. Millwood Fire Rescue
(no written comments)
9. Frederick County Dept of Park Recreation
10.Winchester Regional Airport
11.Frederick County Attorney
12.Historic Resources Advisory Board