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HomeMy WebLinkAbout09-05 Comments (2)January 6, 2007 Mr. Mike Ruddy Frederick County Dept. Of Planning and Zoning 107 North Kent Street Winchester, Virginia 22601 RE: Right of Way Freedom Manor Dear Mr. Ruddy, On advice from my counsel, I am forwarding you a copy of a letter being sent to Mr. Steve DuBrueler. As of this date he has failed to secure the right of way thru my property at 1210 Front Royal Pike for Freedom Manor Housing Development. Should you require further information in this matter please feel free to contact me. Sincerely, Yours, Robin L. Casey January 6, 2007 Mr. Steve DuBrueler 158 Front Royal Pike Suite 305 Winchester, Virginia 22602 RE: Right of Way Freedom Manor Dear Mr. DuBrueler, I received the Freedom Manor platts which you dropped off at my attorney's office on Dec. 11'. In regards to the requests of my attorney's letter dated Nov. 29` for the surveyed locations of the access right of way, drainage pond(s), water and sewer lines, drainage ditches, traffic choker, tum lane, and entrance way specifications, etc....,certain notations and locations on the platts are ambiguous and contradictory. My attorney's phone call on Dec. 13' to your office,( per your request) to schedule a meeting to resolve these matters and settle on the right of way access, has been ignored. I have not accepted /cashed the late payment you sent to me Nov. 14` for the option on the access right of way Should you still desire an access road through my property for Freedom Manor we must meet between Jan. 18` and Jan.30th 2007. Please contact Mr. Clinton Ritter's office to schedule said meeting. Sincerely Yours, elL4C1 Robin L. Casey cc: Frederick Co. Dept Of Planning and Zoning Clinton Ritter V'n P1 TO: FROM: SUBJECT: DATE: Finance Department Pam Deeter, Office Assistant II Return Of Sign Deposit September 21, 2005 The amount of $50.00 was deposited in line item #3- 010 019110 -0008 for the company named below had a deposit for two signs for Rezoning #09 -05 for Freedom Manor. The company has returned the signs and is therefore entitled to the return of the deposit. You may pay this through the regular bill cycle. Please send a check in the amount of $50.00 to: RSA/pd q /ailoC MEMORANDUM Dubrueler Enterprises 1686 S. Pleasant Valley Rd Winchester, VA 22601 COUNTY of FREDERICK Department of Planning and Development 540/665 -5651 FAX: 540/665 -6395 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 e� Ql DATE n 7 l RECEIVED FROM }(1)8(0 S F &M Operations Account Rezoning of easy ap CASH CHECK MONEY ORDER "V 426 \a\' 1 c \4 rx- t -s'--' $5101. o) 0 DOLLARS P� X04 C 0/2005 isc 7437 5,687.00 5,687.00 Q; 4et .4cS SIGN DEPOSITS PLANNING TAX R E C E I P T FREDERICK COUNTY C. WILLIAM ORNDOFF, JR P.O. BOX 225 WINCHESTER VA 22604 -0225 Previous Balance Principal Being Paid Penalty Interest Amount Paid *Balance Due Pd by DEPT OF PLANNING Check 18650.91 CKS BALANCE DUE INCLUDES PENALTY /INTEREST THRU THE MONTH 6/2005 Ticket #:00005020001 Date 6/09/2005 Register: CJO /CJ Trans 08594 Dept 1095 Acct# 50.00 50.00 .00 .00 50.00 .00 TO: Finance Department FROM: Pam Deeter, Office Assistant II SUBJECT: Return Of Sign Deposit DATE: September 21, 2005 Please send a check in the amount of $50.00 to: RSA/pd QP 105 MEMORANDUM COUNTY of FREDERICK Dubrueler Enterprises 1686 S. Pleasant Valley Rd Winchester, VA 22601 Department of Planning and Development 540/665 -5651 FAX: 540 /665 -6395 The amount of $50.00 was deposited in line item #3- 010- 013030 -0007 for the company named below had a deposit for two signs for Rezoning #09 -05 for Freedom Manor. The company has returned the signs and is therefore entitled to the return of the deposit. You may pay this through the regular bill cycle. 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 TAX R E C E I P T DERICK COUNTY WILLIAM ORNDOFF, JR .0. BOX 225 WINCHESTER ZONING APPLICATIONS VA 22604 -0225 Principal Being Paid Penalty Interest Ticket #:00013690001 Date 6/09/2005 Register: CJO /CJ Trans. 08594 Dept ZASP Acct# Previous Balance 6337.00 Amount Paid 6337.00 *Balance Due .00 Pd by DEPT OF PLANNING Check 18650.91 CKS BALANCE DUE INCLUDES PENALTY /INTEREST THRU THE MONTH 6/2005 6337.00 .00 .00 udgt ver si No. 1.2742 RECEIVED FROM 1 C D 3 P i I 14.1 0 .l t ac t r i ✓Q DATE i V 4 tk A5L.X. Sni..5 a..1 f O FOR RENT FOR e 7 ll ACCOUNT PAYMENT BAL. DUE it 00 1 a O CASH CHECK 3 MONEY ORDER RY 1.04 c -a $5 VO DOLLARS 1182 ao F &M Operations Account Rezoning of casy ap 5,687.00 5,687.00 7437 FREDERiefird urilaiDEPrOrmE O P Mit I:OPMicti EF03 if REPORT D 41 FI�7 4 CODE7DESC' lTION ParfnM T4EA5n:_li G OD COMPREHENSIVE PLAN PC01 CAPITAL IMPROVEMENT PLAN PC01 ZONING INDEX MAP/ PCOI MISC. LEGAL/LETTER SIZE COPIES/ PCOI MISC. LEGAL/LETTER SIZE COPIES/ PC01 COMPREHENSIVE PLAN UPDATES PC01 3 -010- 016160 -0001 BOOKLETS MAPS SUBTOTAL PCOI 3 -010- 016160 -0009 SALE OF GIS MAPPING (10DL) 3 -010 -019110 -0008 SIGN DEPOSIT 15 0„Uc) 1095 3 -010 -018990 -0001 MISCELLANEOUS ITEMS (Include Shipping Handling, Postage, Etc.) 2009 3 -010-016160 -0002 ZONING ORDINANCE' PCO2 3 -010 -016160 -0002 SALE OF AMENDMENTS PCO2 3 -010-016160 -0002 SUBDIVISION ORDINANCE PCO2 3- 010 019110 -0043 MERRLMANS CHASE (10 DP) 3- 010 019110 -0048 RED BUD RUN (10 EF) 3 -010 019110 -0042 SOVEREIGN VILLAGE (10 DM) 3- 010 019110 -0046 RED FOX RUNE (10 EB) 3- 010 019110 -0045 LYNNEHAVEN (10 DY) 3 3 -010- 019110- 0050 /CANTER ESTATES SECTION 8 3 V 4 1 8 a (C` 3. cl i (10 EJ) CONDITIONAL USE PERMIT ZASP SUBDIVISION WAIVER ZASP RESIDENTIAL SUBDIVISION ZASP NON- RESIDENTIAL SUBDIVISION ZASP RESIDENTIAL SITE PLAN ZASP MASTER DEVELOPMENT PLAN ZASP REZONING/ r- n..don., flla. ✓10r S5-131. ZASP APPEAL/VARIANCE ZASP NON RESIDENTIAL SITE PLAN ZASP MINOR RURAL SUBDIVISION 600 'a ZASP MAJOR RURAL SUBDIVISION ZASP RURAL PRESERVATION SUBDIVISION ZASP LOT CONSOLIDATION ZASP BOUNDARY LINE ADJUSTMENT ZASP ZONING CERTIFICATION LETTER ZASP ZONING DETERMINATION/VERIFICATION LETTER ZASP COMPREHENSIVE PLAN POLICY AMENDMENTS ZASP 3 -010 -013030 -0007 APPLICATION SUBTOTAL ZASP RAND2T TAE i3��2t a s 5 i CHECKS: 1 8, (p5 O. 1 CURRENCY: LESS CASH: TOTAL: 6/ 8, (9 J 0 9 1 PREVIOUS ENDING I a 14 as RECEIPT(S) it: I a l a( I c� U:\DEETER \COMMON\DEPOSITR) DEPOSIT REPORT FOR PLANNING DEVELOPMENT. XLS Finance Code 3 -0 10-016160 -0001 3- 0 10- 016160 -0009 CHECKS: 1 650. 9 CURRENCY: LESS CASH: TOTAL: 4 8 40 50.9 f PREVIOUS ENDING: a a RECEIPT(S): f a7 c 8 U nDeeter \COMMONIDEPOSITRWEPOSIT REPORT FINANCE.XLS 12/27/2004 earn c -1 ry oen YY n q CC �'1c�d -f w reza n; 5. aaclh i ca n: 3 SCE. 0 U J O Cl r e zo r� i rl J epos' ^'0.S rkh r2Zov\ i cJ� OS W c6 7 Lam+ 3030- coo-) in error. (ZA 5P) T 3/42 co r h ir dt_cf v.__ b oth 6 s. a.nLt e,tke s-b. o n s QLQI nfte., roundel in 1971 GREENWAY ENGINEERING 151 Windy Hill Lane Winchester, Virginia 22602 T R A N S M I T T A L Project Name: Freedom Manor Rezoning File No: 3230 Date September 6, 2005 Attn: Mike Ruddy Copied To: FC Planning El Urgent n For Your Review SEP 6 2005 From: Evan Wyatt GREENWAY ENGINEERING Phone: 540 -662 -4185 Fax: 540- 722 -9528 Z As You Requested Please Comment Message: Hi Mike, Please find attached the following information for the Freedom Manor Rezoning Application as requested: Please review this information and contact me if you have any questions, or if you need any additional information. Thank you for your assistance with this project! Evan Revised Proffer Statement with original notarized signatures Revised Declaration of Restrictive Covenant provided by Sean Everhart, Legal Counsel for Freedom Manor that was previously forwarded to Robert Mitchell 24 color copies of the Generalized Development Plan Exhibit, the Location and Existing Zoning Exhibit, the Existing Soils Exhibit and the Existing Wetlands Exhibit Greenway Engineering Telephone 540- 662 -4185 FAX 540- 722 -9528 www.greenwayeng.com RESOLUTION Action: BOARD OF SUPERVISORS: September 14, 2005 APPROVED El DENIED DIRECTING STAFF' TO UNDERTAKE A STUDY CONSIDERING THE REDUCTION OF THE SEWER AND WATER SERVICE TO EXCLUDE PROPERTIES LOCATED NORTH OF ROUTE 37 IN THE APPLE PIE RIDGE AREA WHEREAS, The residential development in the Apple Pie Ridge and Glendobbin Roads area of the County do not utilize public water and sewer, nor is the utility extended to service existing residential uses in the area within the Stonewall Magisterial District; and WHEREAS, The County does not envision nor support the extension of public water and sewer to this area of the County, which is presently located within the existing Sewer and Water Service Area (SWSA). As such, it may be reasonable to adjust the SWSA boundary to coincide with the location of existing and proposed Route 37; and WHEREAS, This request to adjust the SWSA boundary was sponsored and presented to the Board of Supervisors by the Stonewall Magisterial District Supervisor on September 14, 2005; and NOW, THEREFORE, I3E IT ORDAINED that the Board of Supervisors directs the Planning Commission to study and return to the Board of Supervisors a recommendation regarding the reduction of the sewer and water service area to exclude those properties located north of Route 37, and west of proposed Route 37 as it travels around the Stonewall Industrial Park. Passed this 14" day of September 2005 by the following recorded vote: Richard C. Shickle, Chairman Lynda J. Tyler Gina A. Forrester Gene E. Fisher ti ri„... 5 Barbara E. Van Osten Gary W. Dove Bill M. Ewing A COPY ATTEST John R. Riley, Jr. Frederick County Administrator Golda`li ill•Fid Existing UDA Existing SWSA Location Existing SWSA Location Proposed SWSA Reduction Urban Development Area 6::::2SMSA Rt 37 Bypass Zoning Q B1 (Business, Neighborhood Distnct) Q B2 (Business, General District) Q B3 (Business, Industrial Transition District) O EM (Eenraclive Manufacturing District) Q HE (Higher Education District) Q MI (Industrial, Light District) Q M2 (Industrial, General Distnct) 0 MHI (Mobile Home Community District) Q MS (Medical Support District) O Rd (Residential, Planned Community District) 1=1125 (Residential Recreational Community District) RA (Rural Areas District) RP (Residential Performance District) T.M. 64- ((A)) -20 SHENANDOAH MEMORIAL PARK BUFFER AND BICYCLE AND PEDESTRIAN FACILITY PROFF R TO R BT ICT>A S$ --i- TO WESTWOOD\ E DRIVE° WEST�NOOD DRIVE I.._ 0 0( 1� I ROAD EFFICIENTCY BUFFER AND BICYCLE AND PEDESTRIAN FACILITY I VINE_LAN€ Shenandoah_ TRAFFIC CHOKER Laurel,wood Drivel .4 0 0 0 s z 5 a 1— Z z w 2 a 0. 0 o I� J O cc wm Zo W r LL ®W O N J W a J a Ill Q w w 1- Z 0 w 0 W w Z DATE: 4/20/05 SCALE: 1'=400 DESIGNED BY: HNW/EAW 1 Mirr ZONING LEGEND RA RP R• RS MHI BI Ine 82 63 MI M2 EM HE RURAL AREAS DISTRICT RESIDENTIAL PERFORMANCE DISTRICT R ESIDENTIAL PLANNED COMMUNITY R RECREATIONAL COMMUNITY MOBILE HOME COMMUNITY DISTRICT N BUSINESS DISTRICT BUSINESS GENERAL DISTRICT INDUSTRIAL TRANSITION DISTRICT LIGHT INDUSTRIAL DISTRICT INDUSTRIAL GENERAL DISTRICT E XTRACTIVE MANUFACTURING DISTRICT HIGHER EDUCATION DISTRICT She MH nandoah ..,o rrcx5C�Z5t� z 0 Po cc w w 0 F tx Z Z o g Q _I 5 o5�o zi Q o 2 0 W w ww w LL w LL CO DATE: 4/20/05 SCALE =400' DESIGNED BY: FIN /EAW Laurelwood Drive WETLANDS LEGEND Z 0 0, W 0 U_ E O r Z og C Q J Q E H o 2 u) o Qo0 U W w� W W W U DATE: 4 /20 /05 SCALE: 1" =400' DESIGNED BY: HNW /EAW SOILS LEGEND WETLAND AREAS 3B- BLAIRTON SILT LOAM, 2 -7% SLOPES 9B- CLEARBROOK CHANNERY SILT LOAM, 2 -7% SLOPES 41D- WEIKERT -BERBS CHANNERY SILT LOAM, 15 -25% SLOPES r e Z 0 N ce W W Q O DATE: 4/20105 SCALE: 1" =400' DESIGNED BY: HNW /EAW op d 0 LO N ry Fr N 3 F- N LL W LO T.M. 64- ((A)) -20 Ii FUTURE ACCESS- ROAD.... SHENANDOAH MEMORIAL PARK BUFFER AND BICYCLE AND PEDESTRIAN FACILITY I X1111 I p PROFFER TO RESTRICT 1 L. TO_V ES TWOOD,DF21V I i t WEWOOD DRIVE 1 jd i \,TtM 64 ((A 19 I 1111, Iv 00„,i_ tea; i II D I f ROAD EFFICIENTCY BUFFER AND BICYCLE AND PEDESTRIAN FACILITY Shenandoah MHPf i I i r 0 z 3 z 1— z W z o a U _1 I— Z w Wpp a W= 2L cc uj WZpO NJ W o :I al W a CC LL W U)i z d W 0 w w z x cn DATE: 4/20/05 SCALE: 1. =400 DESIGNED BY' HNW /EAW T.M. 64- ((A))719 -Ira ca mmr i za. e a a a -a •T® ZONING LEGEND It el RA RURAL AREAS DISTRICT RP RESIDENTIAL PERFORMANCE DISTRICT R4 RESIDENTIAL PLANNED COMMUNITY R5 RESIDENTIAL RECREATIONAL COMMUNITY MHI MOBILE HOME COMMUNITY DISTRICT BI NEIGHBORHOOD BUSINESS DISTRICT 82 BUSINESS GENERAL DISTRICT 83 INDUSTRIAL TRANSITION DISTRICT MI LIGHT INDUSTRIAL DISTRICT M2 INDUSTRIAL GENERAL DISTRICT EM EXTRACTIVE MANUFACTURING DISTRICT HE HIGHER EDUCATION DISTRICT Shenandoah MH' z 0 In w w 0 0 DATE: 4/20/05 SCALE: 1" =400' DESIGNED BY: HNW/EAW Laurelwood Drive WETLANDS LEGEND z 0 w w 0 F U_ Z_ 0 Z o CQ Q c H Z o E ;o LL 0 U U U W w a= L LJ W w z U K Q W U1 DATE: 4/20/05 SCALE DESIGNED BY: HNW /EAW 0 a in /4. 44t SOILS LEGEND WETLAND AREAS 36— BLAIRTON SILT LOAM, 2 -7% SLOPES 9B— CLEARBROOK CHANNERY SILT LOAM, 2 -7% SLOPES 410— WEIKERT —BERBS CHANNERY SILT LOAM, 15 -25% SLOPES r Shenandoah MH w 0 0 U E 2 O (1 i (7 Z p� Q J C Q c W Z CC L11 000 0 W w� W w Z DATE: 4/20/05 SCALE DESIGNED BY: HNW /EAW I w r SEAN A. EVERHART, PLC A PROFESSIONAL LIMITED LIABILITY COMPANY Royal Pike, Sulte 305C Winchester, Virginia 22602 (540) 450 -2292 office (540) 867 -9603 facsimile p Ev_erhh 4PLCQverizon. mg 158 Front FACSIMILE COVER SHEET TO MIKE 'film DATE: 7 COMPANY: rett COCK COLD PAGES: 3 FACSIMILE: fe45 t 3 ?S FROM: Sean A. Everhart SeanAEverhartPLCAverizon. net RE: te b6# MRt► P/2oFrz_ t 6 S T 2 r c t i t l e Cov ig Urgent Reply Requested Original to be Mailed U(L stye fKeb owl COMMENTS: I Witty- Kalil A 0: Mr II Zl cry eine c.rs2 co A x1/5 C This facsimile contains information which may be confidential or privileged. The information is intended to be for the use of the individual or entity named above. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this information is strictly prohibited. If you have received this facsimile transmission in error, please immediately notify us by telephone at 540- 450 -2292. 09/02/2005 12:19 5404502293 SEAN A EVERHART PLC PAGE 01/03 Date Time Destination Aug. 10. 2:22PM HALL MONOHAN ENGLE G3TES P. 1 Immediate TX Result Report Aug. 10 .2005 2:23PM z Fax Header) File Mode TXtime Page Result User Name No. 0 P. 3 OK 1908 Batch M Memory L Send later Forwarding ECM S Standard D Detai F ine Reduct ion LAN —Fax Delivery O RX Notice Req. A RX Notice Project Name: File No: Date Founded in 1971 To: FC Planning Attn: Diane Walsh Copied Delivery: Fed Ex Other Urgent For Your Review GREENWAY ENGINEERING 151 Windy Hill Lane Winchester, Virginia 22602 Freedom Manor Rezoning 3230 August 2, 2005 U.S. Mail TRANSMITTAL From: Evan Wyatt/dim GREENWAY ENGINEERING Phone: 540- 662 -4185 Fax: 540- 722 -9528 Courier Pick Up As You Requested Please Comment Message: Diane, Per Planning's request, attached are 25 color copies each of the following for the above project: Location and Zoning exhibit Wetlands exhibit Soils exhibit Thank you for your assistance. Call with any questions. Hand Delivery and Pick Ups Only: Received By: Date: rounded in 1971 GREENWAY ENGINEERING 151 Windy Hill Lane Winchester, Virginia 22602 TRANSMITTAL Project Name: Freedom Manor Rezoning File No: 3230 Date July 27, 2005 To: FC Planning Attn: Mike Ruddy Copied PI Urgent n For Your Review From: Evan Wyatt GREENWAY ENGINEERING Phone: 540- 662 -4185 Fax: 540- 722 -9528 As You Requested n Please Comment Message: Hi Mike, Please find attached the final Proffer Statement for Freedom Manor that has been revised to address Bob Mitchell's editorial comments and to incorporate the Restrictive Covenant Document that was agreed to during the Planning Commission public hearing. Please advise me if you need any additional information regarding this application. Thank you, Evan Greenway Engineering Telephone 540- 662 -4185 FAX 540- 722 -9528 www.greenwayeng.com IMPORTANT COLDWBLL BANKER COMMERCIAL 150 Front Royal VvInchescer, 70 806 MIre Heu, (540) C5�) b`a.— y30 q (540) 667.9796 J COMMFRCIALMOVENFT DATE: 7 IS oS PREMIER Pike, Suite 305 VirginLa 22602 667 -7071 BUS FAX PAGES: FAX: RE: pic-nVE FAX _7IanJo PROPER C ate Liter (svo s-6-3t5 C0 including cover TO: &VAN 0Wrilleagairv3A1 1»— 95C FROM: `�YgJF U$gaELE2 FizeVDOM MA -O $IQ NOTES: bbEG Atuma 6F co V6M/N OA/ 77'1 6d- ((A))- /9 8 /27 70 77( T a 4-0 II frAjW Nom rehk lL r ma 9 b. II AL rES JUL -20 -05 14:19 FROM- T -985 P.01 /06 F -926 3 Li Department of Planning and Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 Telephone: 540/665 -5651 FAX: 540 /665 -6395 FAX T NS ISM TO: G1 eve. De Of'u -I- COMPANY: FAX 4:5 0 001 Q 79l0 "LINTY of FREDERICK Date: 8 I u US Number of Pages (including cover sheet) `J Remarks: 5 7 vex_ I cA 1 7 a�� o o b cx P tom e \J From the desk of: r•^ 4 7 L- Date Time Destination Aug. 10. 3:11PM x Imm ate TX Result Report Aug, 10. 21 3:12PM Fax Heade r) P. 1 File Mode TXtime Page Result User Name No. 15406679796 GSTES> 0 35" P. 5 OK 1913 Batch M Memory L Send later E ECM S Standard D Detail Reduction LAN —Fax Del ivery A RX Notice Forwarding Fine O EX Notice Rec. TO: 5oan .la Eu e r haft COMPANY: FAX tot 0 h03 AUNTY of FREDERICK Department of Planning and Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 Telephone: 540/665 -5651 FAX: 540 /665 -6395 FAX T .`,t,NS !WON Date: E? o 05 Number of Pages (including cover sheet) C5 Remarks: V PJ✓5 rrv�- oto c 1 t c 4'i4.✓_1 t 5 Cc C_ t v tote— I r 0 cow\ J ✓Sa n CVO Gl� o L- cc M e_e- t 1,v) ap Cri ems/C Ay4c-e__ From the desk of: Date Time Destination Aug. 10. 3:13PM 15406679796 Immate TX Result Report Aug. 10. 21 3:13PM Fax Header) P. 1 File Mode TXtime Page Result User Name No. G3TES> b '37' P. 5 OK 1914 Batch M Memory L Send later Fo rwar ding ECM S Standard D Detail F F ne Reducti on LAN —Fax Deli 0 RX Notice Rea. A RX Notice TO: 5 n n Y` lv-QY COMPANY: 7 FAX 57o -60 -9003 COUNTY of FREDERICK Department of Planning and Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 Telephone: 540/665 -5651 FAX: 540 /665 -6395 NSMDSSION Date: At/ Sf t 'OUt Number of Pales (including cover sheet) r 1 Remarks: From the desk of: 1 I) �Q et/ P. 1 lmmedile TX Result Report Aug. 4. 204/ 1:26PM x x m Date. Time Destination Mode Aug. 4. 1:25PM 15406679796 G3TES> Fax Heade r) File TXtlme Page Result User Name No. 1 "10" P. 11 OK 1853 Batch M Memory L Send later Forwarding ECM S Standard 0 Detail F Fine Reduction LAN —Fax Delivery Q RX Notice Req. A RX Notice TO: i 't J e(> COMPANY: FAX s9tr('Ql 9791, COUNTY of FREDERICK Department of Planning and Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 Telephone: 540/665 -5651 FAX: 540 /665 -6395 FAX TRANSMDSSI Date: Number of Pa s (including cover sheet) 1 Remarks: From the desk of: I 1 111 49 Date Time Destination 1.mmed a TX Result Report Aug. 4. 201 1:21PM Aug. 4. 1:20PM 96679796 G37ES> Batch E ECM Reduction A RX Notice M Memory S Standard LAN —Fax Fax Heade r) P. 1 File Mode TXtime Page Result User Name No. 108" P. 11 OK 1852 L Send later D Detail Delivery Forwarding Fine 0 RX Notice Req. TO: Es1QD1 Lap' COMPANY: 61f eenaaa.11 (1 nC Of', FAX 6 7� 6 COUNTY of FREDERICK Department of Planning and Development 107 North Kent Street, Suite 202 o Winchester, Virginia 22601 -5000 Telephone: 540/665 -5651 FAX: 540/665-6395 FAX T Date: Ptl 11 0 5+ L 6 c:;700-5 0C3 Number of Paghskincludmg cover sheet) 1 1 Remarks: From the desk of: 01 1 ILET Date Time Destination Aug. 4. 1:06PM ImmedildJe TX Result Report Aug. 4. 204 5407229528 G3TES) x x x Fax Header) P. 1 File Mode TXtime Page Result User Name No. 1 P. 11 OK 1851 Batch M Memory L Send later Forwarding ECM S Standard D Detail F Fine Reduction x LAN —Fax Delivery 0 RX Notice Reo. A RX Notice WILBUR C. HALL (1892-1972) THOMAS V. MONAHAN (1924-1999) SAMUEL D. ENGLE 0. LELANO MAHAN ROBERT T. MITCHELL, JR. JAMES A. KLENKAR STEVEN F. JACKSON DENNIS J. MCLOUGHLIN, JR. HAND DELIVERED Dear Mike: draft. HALL, MONAHAN, ENGLE, MAHAN MITCHELL A PARTNERSHIP OF PROFESSIONAL CORPORATIONS 1 5 7 EAST MARKET 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 8 EAST BOSCAWEN STREET WINCHESTER, VIRGINIA TELEPHONE 540-882 -3200 FAX 540-902-4304 E-MAIL lawyers ©hallmunahan.com PLEASE REPLY TO: P. 0. Box 848 WINCHESTER, VIRGINIA 22604 Re: Declaration of Restrictive Covenant DuBrueler (Freedom Manor) 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 I 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 With kind regards, I am HALL, MONAHAN, ENGLE, MAHAN MITCHELL ly yours, Ro.ert T. Mitch DECLARATION OF RESTRICTIVE COVENANTS DRAFT THIS DECLARATION OF RESTRICTIVE COVENANTS, dated this day of of 2005, by and among Steven A DUBRUELER, Ray N. DUBRUELER, and Madeline F. DUBRUELER, parties of the first part, hereinafter referred to as "Declarants the COUNTY OF FREDERICK, Virginia, party of the second part, hereinafter referred to as "County FIRST BANK, a Virginia banking corporation, party of the third part, hereinafter referred to as "Bank and Steven G. BUTLER, Trustee, party of the fourth part, 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 being further identified as Tax Parcel No. 64 -A -19 (hereinafter referred to as "the Property"); and WHEREAS, Declarants desire to impose a restrictive covenant on the Property regarding access to Route 822 (Westwood Drive); and WHEREAS, the note holder is the beneficiary of two notes, each secured partially by the Property, and evidenced by two deeds of trust recorded as Instrument Nos. 020018297 (modified in Instrument No. 040024652) and 050005350 among the land records of Frederick County, Virginia, the Trustee being the trustee under the aforesaid deeds of trust. NOW, THEREFORE, Declarants hereby impose the following restrictive covenants on the Property: 1. There shall be no entrance from or access to the Property from Route 822 (Westwood Drive); provided, however, the Property may be accessed from Route 822 until such time as a public road is constructed which provides other access to the Property. 2. In no event shall Declarants, as the owners of the Property, grant 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. These Restrictive Covenants shall run to the benefit of, and be enforceable by, the County. These Restrictive Covenants 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 Covenants to evidence,their consent and approval of the placement of the restrictive covenants on the Property. WITNESS THE FOLLOWING SIGNATURES AND SEALS: (Notary acknowledgments to be added for all above parties) Steve A. DuBrueler (SEAL) (SEAL) Ray N. DuBrueler (SEAL) Madeline F. DuBrueler COUNTY OF C VIRGINIA fic U( By: FIRST BANK (SEAL) By: (SEAL) Earl W. Foreman, Vice President (SEAL) Steven G. Butler, Trustee JUL -26 -05 12:56 FROM- lax 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: DECLARATION OF RESTRICIVE COVENANT T -017 P.02/07 F -015 C oFY THIS DECLARATION OF RESTRICTIVE COVENANT, is made this day of 2005, by and arnong Steve A. DUBRUELER, Ray N. DUBRUELER, and Madeline F. DUBRUELER (hereinafter referred to as "Declarants owners of the real property described in Exhibit A and Exhibit B FIRST BANK, a Virginia Banking Corporation (hereinafter referred to as "Noteholder and Stephen G. BUTLER, TRUSTEE (hereinafter referred to as "Trustee WHEREAS, Declarants are the fee simple owners of certain real property in Frederick County, Virginia, containing 2.2021 acres, more particularly described in Exhibit A (hereinafter referred to as the "Property") and 26.8733 acres, more particularly described in Exhibit B; WHEREAS, Declarants desire and intend to restrict their access rights to the Property upon certain conditions; and WHEREAS, Noteholder is the beneficiary of two Notes, each secured partially 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; WHEREAS, Noteholder joins in the execution of this Declaration of Restrictive Covenant to evidence its consent and approval of said restriction being placed on the Property in which it has a collateral interest; WHEREAS, Trustee is one of the named Trustees on said Deeds of Trust who may act individually in said capacity, and who also joins in the execution of this Declaration of Restrictive Covenant to evidence his consent as Trustee under the aforementioned Deeds of Trust. NOW, THEREFORE, that for and in consideration of the premises and the sum of One Dollar ($1.00), cash in hand paid, the receipt and sufficiency of which is hereby acknowledged, Declarants hereby make the following limitation and restriction on the Property and certify that said limitation and restriction shall constitute a covenant to run with the land and shall be binding en all parties claiming under them, and for the benefit of and limitation upon all future owners of said Property: Page 1 of 6 JUL- 26-05 12:51 FROM- 1. Declarants shall retain all legal and vehicular access rights via Route 822 (Westwood Drive) with respect to the Property unless and until a Frederick County approved roadway, with legal and vehicular ingress and egress, is granted and constructed between the Property (Tax Map Parcel 64- ((A)) -19) and the real property described in Exhibit B (Tax Map Parcel 64- ((A)) -23); upon approved and completed construction of said roadway, Declarants shall not exercise any rights to vehicular access to and from the Property via Route 822 (Westwood Drive). 2. This (imitation and restriction shall run exclusively to the benefit of, and shall be enforceable exclusively by, Frederick County. 3. This limitation and restriction shall run with, and be appurtenant to, the land described in Exhibit A, and shall be binding on the Declarants, their heirs, personal representatives, successors, and assigns. WITNESS THE FOLLOWING SIGNATURES) AND SEAL(S): 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 2005. My Commission Expires: (SEAL) Steve A. DuBrueler Ray N. DuBrueler (SEAL) Madeline F. DuBrueler Notary Public T 017 P.03/07 F 015 (SEAL) Page 2 of 6 JUL -26 -45 12:5'T FROM- My Commission Expires: T -017 P.J4 /07 F -015 FIRST BANK, ai Virginia Banking Corporation By; (SEAL) Earl W. Foreman; Vice President COMMONWEALTH OF VIRGINIA COUNTY OF FREDERICK, to Mt: 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 2005. Notary Public Page 3 of 6 JUL- 26 -05- 12:57 FROM- (SEAL) Stephen G. Butler, 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. Butler, Trustee, this day of 2005. My Commission Expires: Notary Public T -017 P.05/07 F -015 Page 4 of 6 JUL -26 -B5 12:57 FROM- Tax Map Parcel: 64- ((A)) -19 Exhibit A. T 017 P.06/07 F 015 2.2021 acres as shown on that certain plat entitled "Zoning Exhibit Showing Existing Zoning District Boundary on the Land of Steve A. DuBrueler, Ray N. DuBrueler Madeline F. DuBrueler" by Richard E. Edens, L.S., dated January 13, 2003, and recorded as Instrument Number 030003286 among the land records of Frederick County, Virginia. AND BEING a portion of the property conveyed to Steve A. DuBrueler, Ray N. DuBrueler, and Madeline F. DuBrueler from Jean Swisher by Deed dated October 24, 2002 and recorded October 25, 2002 as Instrument Number 020018296 among the land records of Frederick County, Virginia. Page 5 of 6 JUL -26 -65 12:57 FROM- All of that certain tract or parcel of land, containing 26:8733 acres, situate in Shawnee Magisterial District, Frederick County, Virginia, as shown on the Final Plat for Minor Rural Subdivision of the Land Standing in the Name of Doris F. Casey, prepared by Mark D. Smith, L.S., dated July 24, 2003, and attached to the Deed of Gift from Doris F. Casey to Robin Casey Wilisch dated and recorded December 30, 2003 as Instrument Number 030029416 among the land records of Frederick County, Virginia. AND BEING the same property' conveyed to Steve A. DuBrueler, Ray N. DuBrueler, and Madeline F. DuBrueler from Doris F. Casey by Deed dated December 30, 2003 and recorded December 30, 2003 as Instrument Number 030029417 among the land records of Frederick County, Virginia. Tax Map Parcel: 64 ((A)) Exhibit B T -017 P.07/07 F -015 Page 6 of 6 TO: M''< S r, rr►-1 COMPANY: CTIZ(5 E nX w k1 FAX#: yo 72- 9528 •OUNTY of FREDERICK Department of Planning and Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 Telephone: 540/665 -5651 FAX: 540 /665 -6395 FAX TRANSMISSION Date: zc!cS Number of Pages (including cover sheet) Remarks: Freedom Manor Subject: Freedom Manor Date: Mon, 20 Jun 2005 13:45:10 -0400 From: Mike Ruddy <Mruddy @co.frederick.va.us> To: Mark Smith <msmith @greenwayeng.com> Hi Mark: Hope all is well. As soon as you have the revised version of the Freedom Manor GDP available with the new 522 entrance location, please forward it to me as I am putting together the agenda for the Planning Commission today and tommorrow. Thanks. Mike. From the desk of: ,,,.."A °("6y Date Time Destination Jun.20. 12:56PM I�dlate TX Result Report Jun. 20.11005 12:56PM 5407229528 G3TES Mode TXtime Page Result User Name Fax Heade r) 0 P. 1 OK 1586 Batch M Memory L Send later Forwarding E ECM S Standard D Detail F Fine Reducti on LAN —Fax Delivery O RX Notice Req. A RX Notice P. 1 File No. Founded in 1971 GREENWAY ENGINEERING 151 Windy Hill Lane Winchester, Virginia 22602 T R A N S M I T T A L Project Name: Freedom Manor Rezoning File No: 3230 Date June 17, 2005 To: FC Planning Attn: Mike Ruddy Copied From: Evan Wyatt GREENWAY ENGINEERING Phone: 540- 662 -4185 Fax: 540- 722 -9528 n Urgent n For Your Review M As You Requested Please Comment Message: 1-11 Mike, Please find attached the revised proffer statement for the Freedom Manor Rezoning with original owner and notary signatures that reflects the off -site road improvement issues that we discussed. Please also find attached 69 color copies of the revised Generalized Development Plan that provides for the relocation of the Route 522 entrance to the southern limits of the project site. Please advise me if you need any additional information at this time. Thank you! Evan Greenway Engineering Telephone 540- 662 -4185 FAX 540- 722 -9528 www.greenwayeng.com "l:N 2 2 ?d`nF Freedom Manor Subject: Freedom Manor Date: Thu, 16 Jun 2005 16:48:06 -0400 From: "Evan Wyatt" <ewyatt n greenwayeng.com> To: <mruddy @co.frederick.va.us> CC: "Mark D. Smith" <msmith @greenwayeng.com> Hi Mike, Thanks again for meeting with me to discuss the Freedom Manor proffer and to share your thoughts. I have attached a file that shows the revisions for the off -site improvements in bold italic text. After looking at the proffer, it seemed to me that I should include language for the off -site improvements in Section 01 and C2. I met with Mark Smith to discuss the concerns that you have with Section C3, as well as the desire to have the GDP modified to relocate the entrance point on Route 522. Mark's belief is that keeping C3 gives the County more control over the concern with connectivity, in that if the deed restriction was lifted, the County would not be obligated to approve a site plan for the zoned property that adjoins Westwood Drive unless the proffer was modified. Nonetheless, please advise us of the results from your discussion with Bob Mitchell as soon as possible. Mark reminded me that there is a wetland issue on Robin's property in the location where you had sketched the Rt 522 connection /street system that would align with Vine Lane. This wetland was a result of VDOT's drainage improvements when Rt 522 was widened in the 90s. Therefore, we will modify the GDP to shift this Rt 522 entrance down by the Omps Funeral Home property. I will be out next week so please coordinate any issues with Mark. I advised Mark that you would typically mail the 7/6 PC agenda out on 6/24. Thanks! Evan Evan Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 Phone: 540 662 -4185 Fax: 540- 722 -9528 Visit us on the web at www.greenwaveng.com Greenway Engineering Founded in 1Q7! Nome Company history Services Porffolio Company directory 1 of 2 6/17/2005 8:59 AM Freedom Manor Freedom Manor Final Proffer Bold Italic Text Revisions 6- 16- 05.doc Name: Freedom Manor Fir, Proffer Bold- Italic Text Revisions 6- 16- 05.doc Type: WINWORD File (application/mswon Encoding: base64 Description: Freedom Manor Fir Proffer Bold- Italic Text Revisions 6- 16- 05.doc 2 of 2 6/17/2005 8:59 AM Founded in 1971 T R A N S M I T T A L Project Name: Freedom Manor File No: 3230 Date June 7, 2005 GREENWAY ENGINEERING 151 Windy Hill Lane Winchester. Virginia 22602 To Frederick County Planning From: Andy Conlon Attn: Mike Ruddy GREENWAY ENGINEERING Phone: 540- 662 -4185 Copied Fax: 540- 722 -9528 Delivery: 11] Fed Ex U.S. Mail Couri er Pick Up Other Urgent N For Your Review As You Requested Please Comment FREDEPiCK COUNTY PLANNI; G DEVELCP■,9ENT Message: Mike: Attached please find: Application fee check for $5,687.00 -Sign deposit fee check for $100 (2 signs) --Rezoning application Special Limited Power of Attorney form Impact Ananlysis Statement -4 Exhibits (44 copies of each are attached) -Traffic Impact Ananlysis Proffer Statement Review Agency comments -Deed, plat, and verification taxes paid Thank you for your assistance. Call with any concerns. Hand Delivery and Pick Ups Only: Received By: Date: