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001-08 Fred. Co. School Board - Red Bud 12th Elementary Proffer Modifi. - Backfile
3 0 g 9092 DATE NO. 0 RECEIVED FROMco — co 2 �D 2ED N ADD{RESS I•JUx, _`7��` ❑ O N JFOR RENT ❑FOR I � pQ • • ij l AMT. OF ACCOUNT CASH INI U Q) AMT. PAID CHECK 'z U i BALANCE DUE MONEY ORDER BY N at wa.�3� .x °m cc a 0 x fl�k �` 90 2 DATE -� NO. RECEIVED FROM,t ` t I0.0 S�J (.ill' 2r 126 M4)1' ADDRESS `--DZSLLARS $ ❑FOR RENT ❑FOR BY t AMT. OF CASH ACCOUNT AMT. PAID CHECK ' f? J BALANCE MONEY DUE ORDER . w 0 a� co co o cc as (1) N Q E O E Q o N Y N U kr) r�a�3kr) DATE oe No. 9099 U4 — 7 �l) DOLLARS $50 -� RECEIVED ❑ FOIE ❑ FOR �$ GREENWAY ENGINEERING 151 Windy Hill Lane Founded in 1971 Winchester, Virginia 22602 TRANSMITTAL Project Name: 12th Elementary School -Rezoning File No: 5048F Date: Wed, Feb. 20, 2008 To: FC Planning Attn: Candice Perkins Copied From: Evan Wyatt/dlm GREENWAY ENGINEERING Phone: 540-662-4185 Fax: 540-722-9528 Delivery: F_ Fed Ex ❑ U.S. Mail Courier ❑ Pick Up ❑ Other Urgent ❑ For Your Review r As You Requested r Please Comment Message Candice, Attached is the following for the above project: -Rezoning sign deposit check for $50.00 Thank you for your assistance. Call with any questions. 20 Hand Delivery and Pick Ups Only: Received by: Date_ Time: Please Print Name: a 0 REZONING TRACKING SHEET Check List: Fee & Sign Deposit Application Form ✓ Deed L-"- Proffer Statement ✓ Plat/Survey Impact Analysis Taxes Paid Statement Adjoiner List Ll— Impact Model Run DATE a Application received/file opened a 1 0 '? Reference manual updated/number assigned a / D-base updated c)/I A Copy of adjoiner list given to staff member for verification Four sets of adjoiner labels ordered from data processing J- f Color location maps ordered from Mapping Z l 108 Ut File given to office manager to update Application Action Summary PC public hearing date ACTION. L/ � e.e = -� BOS public hearing date ACTION: / C Signed copy of resolution for amendment of ordinance, with conditions proffered [if applicable], received from County Administrator's office and given to office manager for placement in the Proffers Notebook. (Note: If rezoning has no proffers, resolution goes in Amendments Without Proffers Notebook.) C� Action letter mailed to applicant Reference manual and D-base updated File given to office manager to update Application Action Summary (final action) U 0 File given to Mapping/GIS to update zoning map Zoning map amended b /72 7 UABevTommonUracking sheets\R[Z_t racking wpd Revised 05/09/02 CO Y vf'MU RICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 March 31, 2008 Mr. Evan Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 RE: REZONING #01-08, FREDERICK COUNTY SCHOOL BOARD Dear Evan: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting of March 26, 2008. The above -referenced application was approved to rezone 15.24 acres from the RP (Residential Performance) District with proffers to RP District with modified proffers, for the twelfth elementary school. The property adjoins Senseny Road to the north and Channing Drive to the west, approximately 3,000 feet east of Greenwood Road, in the Red Bud District, and is identified with Property Identification Number 55-A-206B. The proffer dated January 21, 2008 and revised February 7, 2008 that was approved as a part of this rezoning application is unique to this property and is binding regardless of ownership. Enclosed is a copy of the adopted proffer statement for your records. Please do not hesitate to contact this office if you have any questions regarding the approval of this rezoning application. Sincerely, f4 --- Candice E. Perkins, AICP Senior Planner CEP/bad Attachment cc: Philip A. Lemieux, Red Bud Magisterial District Supervisor Gregory Kerr and Christopher Mohn, Red Bud Magisterial District Commissioners Jane Anderson, Real Estate Commissioner of Revenue Frederick County School Board, 1415 Amherst St., Winchester, VA 22601 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 REZONING APPLICATION 901-08 FREDERICK COUNTY SCHOOL BOARD Staff Report for the Board of Supervisors Prepared: March 17, 2008 Staff Contact: Candice E. Perkins, Senior Planner This report is prepared by the Frederick County Planning 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 zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: 03/05/08 Recommended Approval Board of Supervisors: 03/26/08 Pending PROPOSAL: To rezone 15.24 acres from the RP (Residential Performance) District with proffers to the RP District with modified proffers for the 12°i elementary school. LOCATION: The property adjoins Senseny Road to the north and Chamling Drive to the west, approximately 3,000 feet east of Greenwood Road. MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBER: 55-A-206B PROPERTY ZONING: RP (Residential Performance) District PRESENT USE: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: RP (Residential Performance) Use: Residential South: B2 (Business General) Use: Vacant East: RP (Residential Performance) Use: Residential West: RP (Residential Performance) Use: Residential PROPOSED USES: Public Use - 12°i Elementary School 0 r Rezoning 401-08 — 12"' Elementary School March 17, 2008 Page 2 REVIEW EVALUATIONS: Frederick County Attorney: Add at the end of Item A the following sentence: "The Applicant hereby proffers that all conditions associated with the 1999 rezoning of the remaining portion of the property shall remain in place". PlanninIZ Department: Planning & Zoninj4: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) identified the zoning for the subject area as A-2 (Agricultural General) District. This zoning classification was modified to RA (Rural Areas) District on February 14, 1990 during the comprehensive amendment to the county's Zoning Ordinance. The Board of Supervisors approved Rezoning Application #15-99 for Charming Drive on December 8, 1999. This action established 354.3 acres of land zoned RP (Residential Performance) District, and 22.0 acres of land zoned B2 (Business General) District. The Board of Supervisors also approved Rezoning 904-04 for the Bean Property on May 12, 2004, which rezoned five acres from the RA District to the RP District with proffers. 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy 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. [Comprehensive Policy Plan, p. 1-1 ] Land Use The proposed 15.24 acre site is located within the Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA) and the development of the subject property for an elementary school use is in general conformance with the policies of the Frederick County Comprehensive Policy Plan. Transportation — See Maste7• Development Plan The new elementary school will be accessed off of one entrance on Charming Drive. 3) Proffer Statement - Dated January 21, 2008, Revised February 7, 2008 The new proffers associated with the subject property will eliminate the proffers associated with the Bean Property Rezoning from 2004 which restricted the use of the property to single family residential structures. The proffers for the 12°i Elementary School will restrict the use of the 15.24 acres to public use. Rezoning #01-08 — 12°i Elementary School March 17, 2008 Page 3 PLANNING COMMISSION SUMMARY AND ACTION OF THE 03/05/08 MEETING: The Planning Commission received the staff summary and had discussion on both the Rezoning Application #01-08 for Frederick County School Board and the MDP #01-08 for the Revised Lynnhaven Development together, since both applications concerned the same project. The representative for the School Board stated the existing zoning designation on the property is not being changed; however, a modification to the previously -approved proffers is requested to: 1) eliminate the residential condition placed upon the five acres and 2) to establish a proffer for the entire 15 -acre property which states the parcel can only be used for public use. One area resident spoke during the public comment portion of the hearing. He was in favor of the school construction, but was interested in knowing if any limitations were going to be placed on the commercial development in light of the vicinity of the school. In addition, he referred to the staffs comment about VDOT barricading off a section of Channing Drive. I-Ie questioned why there was a reversal of opinion from just last year when Charming Drive was being pushed as a major thoroughfare in the County's road plan and it was guaranteed to be open and dedicated to the County by the summer of 2008. Staff responded that VDOT has identified sight issues on the southern section of Charring Drive, where it intersects with Senseny Road, which makes it unsafe until a traffic signal is installed. The developers of the existing B2 property have the proffer which commits them to install the traffic signal with the first commercial use. Staff noted that the County is working with VDOT to get the remainder of the remainder of the roads into the State System and has set a target date of the school's opening a year and a half out. Staff also noted there are a number of ways for the traffic to get through safely and to get to the school site safely. Regarding the restrictions on the commercial uses adjacent to the school, staff commented there were provisions within the zoning code on appropriate uses and requirements for buffering between uses. In addition, staff will work with the developers of the commercial areas to ensure compatible uses are established. Two separate actions were taken by the Planning Commission. The Commission unanimously recommended approval of the rezoning application by the Frederick County School Board with modified proffers for the County's 12"' elementary school. The Planning Commission unanimously recommended approval of the MDP for the Revised Lynnhaven Development for the elementary school, along with residential and commercial uses. (Note: Commissioner Kerr was absent from the meeting.) STAFF CONCLUSIONS FOR 03/26/08 BOARD OF SUPERVISORS MEETING: This is an application to rezone 15.24 acres from the RP (Residential Performance) District with proffers to the RP District with modified proffers to accommodate the proposed 12"' elementary school. The existing proffers associated with the five acre Bean property would preclude the construction of the school and, therefore, the applicant is requesting that the site be rezoned to modify the proffers. The land use proposed in this application is consistent with the goal of the Comprehensive Policy Plan and has addressed all of staff s concerns. Rezoning 90 1 -08 — 12°i Elementary School March 17, 2008 Page 4 Following the required public hearing, a decision regarding this rezoning application by the Board of Supervisors would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. REZ#01 —08 w 14 . O:a 1 t Now IWIIAW Frederick County, VA Rezoning REZ # 01 - 08 Application Frederick County School Board Parcel ID: 55-A-206B Location in the county Map Features - Applsca5on 8 Lakes/Ponds Streams Urban Development Area IV SWSA Topography (S interval) Q.,GN COG © Case Planner: Candice Map Document: (N:\Planning And_Development\ l_Locator_Mps12008\FrederickCountySChoolBoardRELUlus_oz'IZUtS.mxa) snaizuUt$-- iU:sU:4*AM Map Document:(N:\Planning_And_Development\_1_Locator_Mps\2008\FrederickCountySchoolBoardREZ0108_021208.mxd) 3/19/2008 -- 1U:3U:4bAM I • Freder' C own, t o Aerial Frederick County, VA m _ ; �i e o ' RASSAupR Rezoning 0 L4i REZ # 01 - 08 HIGHCLIFFE DR Application a pO Frederick County School Board Parcel ID: TAYLOR-0RACE LLC , ""' M 55 - A - 206B Location in the County e •;'� �- MANNINGROSS DEVE O ER LL i P V�Yd z r m i WALES CT WOG T � k OROwRO a Map Features ,•i/ '1�p` t SS A MIe r , , CANYON RG - Application D Lakes/Ponds (�'Sk, _.. Streams 7 :A Urban Development Area BFgq ` t� d%I SWSA rpR l j M GODWIN CT FggA,i F?� 55� t'% �'� 65 A 79 • AM OO`F9 M�rpN ?P LYNNENAVEN LC Q- YAMNINO 6 ROSS DEYELOPERS LLC ` a,P" �• 4, O. �ec�O V=2 ��• i' �:: Pe Y. t j. �.r .1 \�.. • � ��',, WICKHAM TER { LYWWVEN L �'•. Location in Surrounding Area 00 Case Planner. Candice AVOO � Map Document: (N:\Planning_And_Development\_1_Locator_MpstZOOS\FreclencKuounryscnooltsoaraKtcuiuts_uz1zuu.mxa) snaicuuo -- lvau:,—Ann 0 REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. 2. 3. Applicant: Name: Greenway Engineering Telephone: (540) 662-4185 Address: 151 Windy Hill Lane Winchester, VA 22602 Property Owner (if different from above) Name: County School Board of Frederick County, Virginia Telephone: (540) 662-4518 Address: 1415 Amherst Street Winchester, VA 22601 Contact person if other than above Name: Evan Wyatt, AICP Telephone: (540) 662-4185 4. Checklist: Check the following items that have been included with this application. Location map ® Agency Comments Plat ® Fees Deed to Property ® Impact Analysis Statement ❑ Verification of taxes paid ® Proffer Statement 5. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: County School Board of Frederick Coun1y, Virginia Patricia Taylor, Superitendent of Schools 6. A) Current Use of the Property: Vacant B) Proposed Use of the Property: 12th Elementary School 7. Adjoining Property: PARCEL ID NUMBER USE ZONING See attached adjoining property map and adjacent property information table 8. Location: The property is located at (give exact located based on nearest road and distance from nearest intersection, using road names and route number): Adjoining Senseny Road to the north and Channing Drive to the west, approximately 3000 feet east of Greenwood Road. Information to be Submitted for Capital Facilities Impact Model In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density or intensity scenario for the proposed Zoning District as described on Page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number 55-((A))-206B Magisterial: Fire Service: Rescue Service: 10 11. Districts Red Bud Greenwood Co. 18 Greenwood Co. 18 High School: Middle School: Elementary School Millbrook Admiral Byrd F Elementary Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested 15.24 ± RP w/Proffers RP w/modified Proffers 15.24 ± i Total Acreage to be rezoned The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family homes: Townhome: Non -Residential Lots: Mobile Home: Square Footage of Proposed Uses Office: Service Station: Retail: Manufacturing: Restaurant: Warehouse: Other Multi -Family Hotel Rooms: Elementary School- 100,465 ± SF 12. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map 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 hearing 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 bet of my (our) knowledge. ApP licant(s): Date: i 17-1 O b Owner (s): -' Date: S o Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Planning office, County of Frederick, Virginia, 107 Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By These Presents: That I (We) (Name) County School Board of Frederick County, Virginia Patricia Taylor, Superintendent of Schools (Phone) (540) 662-4518 (Address) PO Box 3508, Winchester, VA 22604 the owner(s) of all those tracts or parcels of land ("Property') conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 070019473 on Page 0466, and is described as Parcel: 55 Lot: 206B Block: A Section: Subdivision: do hereby make, constitute and appoint: (Name) Greenway Engineering (Phone) (540) 662-4185 (Address) 151 Windy Hill Lane, Winchester, VA 22602 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority 1 (we) would have if acting personally to file planning application for my (our) above described Property, including: ® Rezoning (Including proffers) ❑ Conditional Use Permits ❑ Master Development Plan (Preliminary and Final) ❑ Subdivision ❑ Site Plan ❑ Comprehensive Policy Plan Amendment 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 authorization shall expire one year from the day it is signed, or until it is otherwiserescinded or modified. In witness thereo , I (we have h eto set my (our) hand and seal this G7� day o200� Signatures) -� State of Virginia, Cit / Cam' of �'t�`'io g Y I,Sjnct an Me- la Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument and who I (are) known to me, personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this_aTf_ -d2y of I&IJ, 200�_. My Notary Public 12th Elementary School 0 0 Rezoning - Adjoining Property Owners Listing fo 0 File 5048F Number Tax Map Number Owner Address City & State ZIP Zoning 1 55K 1 2 61 EDGECOMB CHRISTOPHER J WATKINS KIMBERLY J 301 LYNNHAVEN DR WINCHESTER VA 22602 RP 2 55K 1 3 113 RICHMOND AMERICAN HOMES OF VA INC 12220 SUNRISE VALLEY DR RESTON VA 20191 RP 3 55K 1 3 112 RICHMOND AMERICAN HOMES OF VA INC 12220 SUNRISE VALLEY DR RESTON VA 20191 RP 4 55K 1 3 111 RICHMOND AMERICAN HOMES OF VA INC 12220 SUNRISE VALLEY DR RESTON VA 20191 RP 5 55K 1 3 110 RICHMOND AMERICAN HOMES OF VA INC 12220 SUNRISE VALLEY DR RESTON VA 20191 RP 6 55K 1 3 109 RICHMOND AMERICAN HOMES OF VA INC 12220 SUNRISE VALLEY DR RESTON VA 20191 RP 7 55K 1 3 108 TAYLOR-GRACE LLC 36 RICKETTS DR WINCHESTER VA 22601 RP 8 55K 1 3 107 TAYLOR-GRACE LLC 36 RICKETTS DR WINCHESTER VA 22601 RP 9 55K 1 3 106 RICHMOND AMERICAN HOMES OF VA INC 12220 SUNRISE VALLEY DR RESTON VA 20191 RP 10 55K 1 3 105 RICHMOND AMERICAN HOMES OF VA INC 12220 SUNRISE VALLEY DR RESTON VA 20192 RP 11 55K 1 3 104 RICHMOND AMERICAN HOMES OF VA INC 12220 SUNRISE VALLEY DR RESTON VA 20191 RP 12 55K 1 3 103 RICHMOND AMERICAN HOMES OF VA INC 12220 SUNRISE VALLEY DR RESTON VA 20191 RP 13 55K 1 3 102 RICHMOND AMERICAN HOMES OF VA INC 12220 SUNRISE VALLEY DR RESTON VA 20191 RP 14 55K 1 3 113E LYNNEHAVEN HOMEOWNERS ASSOC INC 142 N QUEEN ST #110 MARTINSBURG WV 25401 RP 15 65H 1 4 23A MANNING & ROSS DEVELOPERS LLC P 0 BOX 27 WINCHESTER VA 22604 RP 16 65 A 39 MANNING & ROSS DEVELOPERS LLC PO BOX 27 WINCHESTER VA 22604 RPB2 17 55K 1 3 101 RICHMOND AMERICAN HOMES OF VA INC 12220 SUNRISE VALLEY DR RESTON VA 20191 RP 18 55K 13100 RICHMOND AMERICAN HOMES OF VA INC 12220 SUNRISE VALLEY DR RESTON VA 20191 RP 19 55 A 206A TAYLOR-GRACE LLC 36 RICKETTS DR WINCHESTER VA 22601 B2 20 55K 1 2 41A LYNNEHAVEN HOMEOWNERS ASSOC INC C/O CLAGGETT MGMT 20 W THIRD ST FREDERICK MD 21701 RP 21 55K 1 2 51 SAGASTUME GUSTAVO SAGASTUME LORENDA 201 LYNNHAVEN DR WINCHESTER VA 22602 RP 22 55K 1 2 52 US BANK NATL ASSOC AS TRUSTEE C/O AMERICA'S SERVICING CO 3476 STATEVIEW BLVD FT MILL SC 29715 RP 23 55K 1 2 53 WIGHTMAN GARY E WIGHTMAN BETTY JEAN 205 LYNNHAVEN DR WINCHESTER VA 22602 RP 24 55K 1 2 54 MAGANA CRISTOBAL C MAGANA JACINTA 207 LYNNHAVEN DR WINCHESTER VA 22602 RP 25 55K 1 2 55 GOODE ROBERT GOODE CYNTHIA 211 LYNNHAVEN DR WINCHESTER VA 22602 RP 26 55K 1 2 56 ICROISANT JUANA ICROISANT JESSICA 1213 LYNNHAVEN DR WINCHESTER VA 22602 RP 1/28/2008 Source: Frederick County GIS Department, Nov. 2007 Data 1 of 1 Cr z _ d cc b LU LU 12th Elementary School a N$ss$uOr o N z Adjoining Property Owners Map '��� Hlgfi`ctiffelDr W r _ r WOOC� N man Ct \ s / Q P J P� lull �1 CD 3 Q`0i LLI W - a 14 �Lilys way [115] z m GQt 8 g 10 11 12 13 wo a 2 4 6 16 ��r � � �sy Q ❑ � D_ Q srr t� Y eti't^ 26a�A J � C r 25 5 7 so' O CE Q 3 18 17 - LLI 24 z Ib 23 TM 55-A-206B canyon-Ra } (D O 22 15.2426 Acres % Cc z � Zoned: RP �<_z � z O W W w o_ 20 / W O Godwin- Ct— ` `� Cc CE / wQ a- G o 21 C i W (j m 4� CV Z O Q o�o�--p s C? fro w 'Ter C o co. Q ~ U Q z Legend o w CO(D w o � Subject Parcel U J 5 ,i Adjoining Properties \Menet�Ter Feet CE z O Cc o F- w z Parcel Boundaries G~�, Fa ngron 400 200 0 400 800 w o w U)LLJ o oa. MurLU phy_Ct Va�c� w CC CE< v o 0 �7 �c�0� eeFm WaYfar/hg or cG�c = z w a N Se .� R' N zQW`� nsehY-C,r �'�� % O W tz C L �'jr� o CE LL cc)o � o r.Q r� u; J \ 812 Q � ap Data Source: Frederick County, Va. GIS Department, Nov 2007 Data J(" �dr s .* ', o° 12th Elementary School Aerial Overview aJ � alp 1 i Nassau EO Highcliffe Dr �` Z Woodm LLU an Ct n W � Lil u m w ♦ E LU LU It cc N ` ♦ _> ��' � • _. J O ' ''t" U LLJ VA z O W W , w .` a e C- J � t W AW. \ W pcL 4 o ED d ! `LLJ ,+ t i J U Q z O cc Z () O U) t,} w w Er J > Aq_ar PC 71 _` I. Wickham T C� z w w Z o `., , f Legend _ er } Y ub ect Parcel z > ~ o 5 z OOcnOt !vI ;✓tr ` W LLJN J C7 U U a° Parcel Boundaries U °C v o 0 -� .W Q Q� a ro c _ � W a c� Feet N W W • o t onet,Te . f o f _' 300 0 300 600 Li" \� I" W J 3ta Source: Frederick County, Va. GIS Department, Nov 2007 Data, Aerial Photos from March 2006 U 12th Elementary School Location & Zoning Map S NIaV Location Map 7 SI Iphur'Spring.R A • \NasSa �� I • C7 Highcliffe-Dr = rc Woodman-Ct-3 W N W 3 Z 0c a 0 z LU $ 1 G,c4 a N E Octi c ` N W n �` a eoG� � ` r �V V p Ydr 5 row Ct Canyon -Rd 0 IL O Q —Godwin Gt— U U) U Z Ir Z Z zO O W 06 O` Ir Z O c g \ w U Ter C� N O / Legend o �a MOnef rer Subject Parcel } � ~ w Rar��ngfon Bi mr Parcel Boundaries �— a Z 0 y ct a �- Urph �oyF Parcel Boundaries T_ g o o aYf U ar�n9-Or Zoning W z_ Q Z Z E 0 ` B2 (Business, General District) poi Z O W ? o ✓4jasa� �� RA (Rural Areas District) Cyr w N z �lip". 1111ir �° O Q Y 3 LL ,`� RP (Residential Performance District) J 2 CU 0 a 812 \V8 / w U p jr a m O p` n GOU9h_Ter N p �w N C - Feet w W o y o Sens � u- o y m 791 enY'Rd EL 0 400 800 " u; w / Qom 831 / Q U) Map Data Source: Frederick County, Va. GIs Department, Nov 2007 Data LINE DATA qw mw CURVE DATA LINE BEARING DISTANCE L1 N 55' 15'41 " E 69.47' L2 N 10'00'43" E 110.73' L3 N 85'09'23" E 685.93' L4 S 04'37'29" W 149.58' L5 S 69'16'23" E 151.30' L6 N 44'37'46" E 85.35' L7 S 40'56'33" E 33.78' L8 S 01'36'22" E 9.56' L9 S 38'41'52" W 208.24' L10 S 62'06'39" W 168.91' L11 S 48'47'47" W 161.00' LYNNEHAI/EN SECTION 2 . PHASE 1A � L "NUEHA VE/N OR 'r.1 PROPOSED L YNNEHA VEN COMMERCIAL SITE 100 0 100 200 SCALE: 1 " = 100' CURVE DELTA ANGLE RADIUS ARC LENGTH TANGENT CHORD BEARING CHORD LENGTH Cl 54'32'31" 325.00' 309.38' 167.54' N 27'59'26" E 297.83' C2 9'17'33" 275.00' 44.60' 22.35' N 05'21'56" E 44.55' C3 83'25'44" 40.00' 58.24' 35.66' N 51'43'35" E 53.23' C4 8' 17'04" 528.00' 76.34' 38.24' N 89' 17'55" E 76.28' C5 9'28'06" 272.00' 44.95' 22.53' N 89'53'26" E 44.90' C6 4'11'24" 1000.00' 73.13' 36.58' S 40'47'34" W 73.11' C7 23'24'47" 920.00' 375.95' 190.63' S 50'24'16" W 373.33' C8 1 13' 18'52" 1000.00' 232.38' 1 16.72' S 55'27' 13" W 231.86' LYNNNVEN SECTION \� l PUBLIC USE AREA TM 55-A -206B 15.2426 ACRES ZONED: RP rG 160A lb L YNNEHAVEN SECTION 3, PHASE 1 s L6 L71 C6 i �_ L9 - L8 CHANNING pR. - - CE 'W c W N o QD ,O GO Q' p � W U W � m r- og a x` kF b FW i LL a Opp a� m0 =mZ x A 0 W00 �- 0 v avv Lil Zp ZZ uJ 0 MCC umN WHIL lz DAM 01/18/2008 1 SCAM I• - 100' DESIGNED BY: KLB JOB NO. 6048F SHEET 1 OF1 �yOr wa�ker Ct � �/' / 91% e7L a ,ca co c Le end 12th Elementary School Parcel 55-A-206B IL 55-A-206B County School Board Parcel (Tax Parcel 55-A-206B, 15.24 +/- Acres) Conditionally Zoned Area 2/18/2004 (formerly Tax Parcel 55-A-208, 5.0 +/- Acres) 6 CD CanYon-Rd Ct_ Feet 300 0 300 600 Parcel Boundaries I �Mo„et-rer O J ti 0 3 Q� � ph m ur t Y Ct 4 wayfaring Or �\o 657 \ O 0 i O J O U U F- Z W 2 w -1 W N J O O U CC) W o CV CC Z Q Z W O U W w CC Cc J Q w CV T w 3 0 m 0 U Q z Cr Z 0 (n (} W ono O J i LL (�`"Q�� zQrr�0 z O w z o O J () 0 w w 0 U w U Q Y Q U tl Q E: D 7) W m C N Q w W If o tl C6 LIJ 0 a 0 Map Data Source: Frederick County, Va. GIS Department, Nov 2007 Data LINE LINE L1 L2 L3 L4 L5 L6 L7 L9 L10 L11 DATA BEARING N 55'15'41" E N 10'00'43" E N 85'09'23" E S 04'37'29" W S 69'16'23" E N 44'37'46" E S 40'56'33" E S 01'36'22" E S 38'41'52" W S 62'06'39" W S 48'47'47" W DISTANCE 69.47' 110.73' 685.93' 149.58' 151.30' 85.35' 33.78' 9.56' 208.24' 168.91 ' 161.00' i \\-"� At YNNEHA VEni co k u S4 DR L YNNEHAVEN SECTION 2 PHASE 1 A . • CURVE DATA PUBLIC USE AREA TM 55-A -206B 15.2426 ACRES ZONED: RP CURVE DELTA ANGLE RADIUS ARC LENGTH TANGENT CHORD BEARING CHORD LENGTH Cl 54'32'31" 325.00' 309.38' 167.54' N 27'59'26" E 297.83' C2 9'17'33" 275.00' 44.60' 22.35' N 05'21'56" E 44.55' C3 83'25'44" 40.00' 58.24' 35.66' N 51'43'35" E 53.23' C4 8' 17'04" 528.00' 76.34' 38.24' N 89' 17'55" E 76.28' C5 9'28'06" 1 272.00' 1 44.95' 1 22.53' N 89'53'26" E 44.90' C6 4'11'24" 1000.00' 73.13' 1 36.58' S 40'47'34" W 73.11' C7 23'24'47" 920.00' 375.95' 190.63' S 50'24'16" W 373.33' C8 13'18'52" 1000.00' 232.38' 116.72' S 55'27'13" W 231.86' , , L YNNEHAVEN SECTION 3, PHASE 1 i PROPOSED LYNNEHAVEN COMMERCIAL SITE L11 08 �10 9 --- 100 0 100 200 CHANNI - D19 SCALE: 1 " = 100' LYNNEHAVEN SECTION 3, PHASE 1 W' W Z rX z L16 O F' m x LV Z Z O N LV m �W G ZW cc VLL O DATE 01/18/2008 SCALE 1' - 100' DESIGNED BY: KLB JOB NO. 5048F SHEET 1 OF 1 DATA BEARING N 55'15'41" E N 10*00'43" E N 85'09'23" E S 04'37'29" W S 69"6'23" E N 44'37'46" E S 40'56'33" E S 01'36'22" E S 38'41'52" W S 62'06'39" W S 48'47'47" W 1p CURVE DATA DISTANCE 69.47' 110.73' 685.93' 149.58' 151.30' 85.35' 33.78' 9.56' 208.24' 168.91 ' 161.00' I \\,� /- YNNEHA VFA I 00 Ln Lo k ►; Zt DR L YNNEHAVEN SECTION 2 \ PHASE 1A . PUBLIC USE AREA TM 55-A -206B 15.2426 ACRES ZONED: RP CURVE DELTA ANGLE RADIUS ARC LENGTH TANGENT CHORD BEARING CHORD LENGTH Cl 54'32'31" 325.00' 309.38' 167.54' N 27'59'26" E 297.83' C2 9'17'33" 275.00' 44.60' 22.35' N 05'21'56" E 44.55' C3 83'25'44" 40.00' 58.24' 35.66' N 51'43'35" E 53.23' C4 8' 17'04" 528.00' 76.34' 38.24' N 89' 17'55" E 76.28' C5 9'28'06" 272.00' 44.95' 22.53' N 89'53'26" E 44.90' C6 4'11'24" 1000.00' 73.13' 36.58' S 40'47'34" W 73.11' C7 23'24'47" 920.00' 375.95' 190.63' S 50'24'1A" W 373.33' C8 13' 18'52" 1000.00' 232.38' 1 16.72' S 55'27' 13" W 231.86' L YNNEHAVEN SECTION 3, PHASE 1 PROPOSED LYNNEHAVEN COMMERCIAL SITE L11 C8 10 - - - - - - --- L9 � 100 0 100 200 CyAN/VI/V�7 - - DR. SCALE: 1 " = 100' LYNNEHAVEN � SECTION 3, PHASE 1 cQ O i° m m N � Q mco,, U tor b� qgo a1O m A21 .., 70 x W H a J a t3 Z Z O N W OC �W ZW OLL vLL O DATE: 01/16/2008 SCALE: I" - 100' DESIGNED BY: KI.B JOB NO. 6048F SLEET 1 OF 1 REZONING APPLICATION #01-08 FREDERICK COUNTY SCHOOL BOARD Staff Report for the Planning Commission Prepared: February 12, 2008 Staff Contact: Candice E. Perkins, Senior Planner This report is prepared by the Frederick County Planning 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 zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: 03/05/08 Pending Board of Supervisors: 03/26/08 Pending PROPOSAL: To rezone 15.24 acres from the RP (Residential Performance) District with proffers to the RP District with modified proffers for the 12"' elementary school. LOCATION: The property adjoins Senseny Road to the north and Channing Drive to the west, approximately 3,000 feet east of Greenwood Road. MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBER: 55-A-206B PROPERTY ZONING: RP (Residential Performance) District PRESENT USE: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: RP (Residential Performance) Use: Residential South: B2 (Business General) Use: Vacant East: RP (Residential Performance) Use: Residential West: RP (Residential Performance) Use: Residential PROPOSED USES: Public Use - 12°i Elementary School Rezoning #01-08 — 12°i Elementary School February 12, 2008 Page 2 REVIEW EVALUATIONS: Frederick County Attorney: Add at the end of Item A the following sentence: "The Applicant hereby proffers that all conditions associated with the 1999 rezoning of the remaining portion of the property shall remain in place". Planning Department: Planning & Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) identified the zoning for the subject area as A-2 (Agricultural General) District. This zoning classification was modified to RA (Rural Areas) District on February 14, 1990 during the comprehensive amendment to the county's Zoning Ordinance. The Board of Supervisors approved Rezoning Application #15-99 for Charming Drive on December 8, 1999. This action established 354.3 acres of land zoned RP (Residential Performance) District, and 22.0 acres of land zoned B2 (Business General) District. The Board of Supervisors also approved Rezoning 404-04 for the Bean Property on May 12, 2004, which rezoned five acres from the RA District to the RP District with proffers. 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy 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 enviror vent within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Con?prehensivePolicy Plan, p. I -I] Land Use The proposed 15.24 acre site is located within the Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA) and the development of the subject property for an elementary school use is in general conformance with the policies of the Frederick County Comprehensive Policy Plan. Transportation — See Master Development Plan The new elementary school will be accessed off of one entrance on Channing Drive. 3) Proffer Statement - Dated January 21, 2008, Revised February 7, 2008 The new proffers associated with the subject property will eliminate the proffers associated with the Bean Property Rezoning from 2004 which restricted the use of the property to single family residential structures. The proffers for the 12°i Elementary School will restrict the use of the 15.24 acres to public use. Rezoning 901-08 — 12"' Elementary School February 12, 2008 Page 3 STAFF CONCLUSIONS FOR 03/05/08 PLANNING COMMISSION MFFTING: This is an application to rezone 15.24 acres from the RP (Residential Performance) District with proffers to the RP District with modified proffers to accommodate the proposed 12"' elementary school. The existing proffers associated with the five acre Bean property would preclude the construction of the school and, therefore, the applicant is requesting that the site be rezoned to modify the proffers. The land use proposed in this application is consistent with the goal of the Comprehensive Policy Plan and has addressed all of staff's concerns. A recommendation by the Planning Commission to the Board of Supervisors concerning this rezoning application would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Planning Commission. Greenway Engineering November 4, 2003 • Bean Property Rezoning Revised February 4, 2004 Revised February 18, 2004 This per lot monetary proffer provides for: $2,694.11 for Frederick County Public Schools $539.07 for Frederick County Parks and Recreation $45.13 for Frederick County Fire and Rescue In addition, the applicant hereby proffers to pay to the Treasurer of Frederick County, Virginia $50,000.00 to cover capital costs associated with Fire and Rescue and/or Public School needs within thirty (30) days of Final Subdivision Plat approval for the residential lots on the 5.0-acre parcel. OC Monetary Contribution for Traffic Signalization The applicant hereby proffers to provide a monetary contribution of $12,000.00 to Frederick County to be utilized as a portion of the local match for the Revenue Sharing Program for the purpose of the installation of traffic signalization at the intersection of Greenwood Road (Route 656) and Valley Mill Road (Route 659). The $12,000.00 monetary contribution will be provided to Frederick County within thirty (30) days of written notification that the Virginia Department of Transportation has advised Frederick County that traffic signalization at this intersection has been warranted. D.) Charming Drive Major Collector Road The applicant hereby proffers to develop the portion of Channing Drive that traverses the eastern boundary of the 5.0-acre parcel. Furthermore, the applicant hereby proffers to prohibit any connection to Chamling Drive and to provide a continuous road efficiency buffer along the eastern boundary of the 5.0-acre parcel. File //2185Rvcaw Greenway Engineering' E.) Signatures November 4, 2003 Bean Property Rezoning Revised February 4, 2004 Revised February 18, 2004 The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the applicant and 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: Trustees of the Helen R. Bean Trust ate Commonwealth of Virginia, City County f C—reae i ("Ie- To Wit: The foregoing instrument was acknowledged before me this I t h day of MOVc h 20 04-by �" ` n Le-L4-crJ Notary Public My Commission Expires Fe.b"v'�. 2Ri ZQ7 i, a5 Cb,���missio��c ci ct p�-� cis Nnna L. Sfephec-lS File 112185R/EAw Greenway Engineering. November 4, 2003 Bean Property Rezoning Revised February 4, 2004 Revised February 18, 2004 BEAN PROPERTY REZONING Tax Parcel 55-((A))-208" Red Bud Magisterial District Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby .proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #o -o for the rezoning of 5.0 acres from the RA, Rural Areas District to establish 5.0 acres of RP, Residential Performance District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the''applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this applicant and their legal successors, heirs, or assigns. The subject property, more particularly described as the land owned by The Trustees of the Helen R. Bean Trust being all of Tax Map Parcel 55-((A))-208, and further described by Deed Instrument 010011489 recorded August 27, 2001 in the Frederick County Clerk of the Court Office. The applicant hereby proffers the following: A.) Land Use Restrictions The applicant hereby proffers that the 5.0-acre site shall be limited to single-family detached urban lots. B.) Monetary Contribution for County Services The applicant hereby proffers to pay to the Treasurer of Frederick County, Virginia at the time of building permit issuance $3,279.31 for each single-family detached urban lot that is located completely on the 5.0-acre site, or for each single-family detached urban lot that has the majority (more than 50%) of the lot area located on the 5.0-acre site. File #2185R/GAW • 0 AMENDMENT Action: PLANNING COMMISSION: March 5, 2008 - Recommended Approval BOARD OF SUPERVISORS: March 26, 2008 ❑ APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #01-08 OF FREDERICK COUNTY SCHOOL BOARD WHEREAS, Rezoning 901-08 of Frederick County School Board, submitted by Greenway Engineering to rezone 15.24 acres from the RP (Residential Performance) District with proffers, to the RP District with modified proffers dated January 21, 2008 and revised February 7, 2008, for the 12t" Elementary School, was considered. The property adjoins Senseny Road to the north and Chamling Drive to the west, approximately 3,000 feet east of Greenwood Road, in the Red Bud Magisterial District, and is identified by Property Identification Number 55-A-206B. WHEREAS, the Planning Commission held a public hearing on this rezoning on March 5, 2008; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on March 26, 2008; 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, welfare, and in conformance with the Comprehensive Policy Plan; 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 change 15.24 acres from the RP (Residential Performance) District with proffers, to the RP District with modified proffers, dated January 21, 2008 and revised on February 7, 2008, for the 121" Elementary School, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. PDRes #09-08 This ordinance shall be in effect on the date of adoption. Passed this 26th day of March, 2008 by the following recorded vote: Richard C. Shickle, Chairman Aye Gary A. Lofton Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Philip A. Lemieux Aye A COPY ATTEST John ey, Jr. Frederitl County Administrator PDRes #09-08 Greenway Engineering January 21, 2008 12"' Elementary School Rezoning Revised February 7, 2008 12th ELEMENTARY SCHOOL REZONING Tax Parcel 55-((A))-206B Red Bud Magisterial District REZONING: RZ # a 1 - o V Residential Performance District (RP) with proffers to Residential Performance District (RP) with modified proffers. PROPERTY: 15.24± acres (5.0± acre portion previously proffered) Tax Parcel 55-((A))-206B (here -in after the "Property") RECORD OWNER: County School Board of Frederick County, Virginia APPLICANT: County School Board of Frederick County, Virginia (here -in after the "Applicant") PROJECT NAME: 12t1i Elementary School ORIGINAL DATE OF PROFFERS: February 18, 2004 (Bean Property Rezoning — formerly Tax Parcel 55-((A))-208) REVISION DATE: February 7, 2008 Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq, of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # c1/-off for the rezoning of 15.24f acres from the RP, Residential Performance District with proffers on 5.0± acres of the Property to establish 15.24± acres of RP, Residential Performance District with proffers over the entire Property, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this applicant and their legal successors, heirs, or assigns. File #7.185R/EAW Greenway Engineering January 21, 2008 .2 Elemen tary School Rezoning Revised February 7, 2008 The subject Property, more particularly described as the land owned by the County School Board of Frederick County, Virginia being all of Tax Map Parcel 55-((A))-206B, and further described by Final Consolidation and Subdivision Plat of the Land of Taylor - Grace. LLC, prepared by Greenway Engineering dated September 25, 2007 and recorded as Deed Instrument 070019473 on December 28, 2007 in the Frederick County Clerk of the Court Office. PROFFER STATEMENT A.) Conditional Zoning Modification The Applicant hereby proffers to eliminate all conditions associated with the February 18, 2004 Proffer Statement previously approved for the 5.0± acre portion of the Property (formerly Tax Parcel 55-((A))-208). The Applicant hereby proffers that all conditions associated with the 1999 rezoning of the remaining portion of the Property shall remain in place. B.) Land Use The Applicant hereby proffers to develop and utilize the 15.24± acre subject Property as a public use area. File #2185R/EAW 0 Greenway Engineering C.) Signatures January 21, 2008 Revised February 7, 2008 .Zh Elementary School Rezoning The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the applicant and 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: 00�-0-s County School Board of Frederick County Virginia Patricia Taylor, Superintendent of Schools Commonwealth of Virginia, City/&),� of To Wit: .2 /Ao x Date The foregoing instrument was acknowledged before me this day of e-br lcLr- 20OKby .P Notary Public My Commission Expires F RON S. NfLUS tary Pub#c mK ffh of vk� Z#4781 n Explr s Jun 30.2008 File 112185R/EAW cireenway Engineering November 4, 2003 Bean Property Rezoning Revised February 4, 2004 Revised February 19, 2004 BEAN PROPERTY REZONING Tax Parcel 55-((A))-208 Red Bud Magisterial District Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County 'Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application 4p -o for the rezoning of 5.0 acres from the RA, Rural Areas District to establish 5.0 acres of RP, Residential Performance District, development of the subject property shall be done in confonnity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this applicant and their legal successors, heirs, or assigns. The subject property, more particularly described as the land owned by The Trustees of the Helen R. Bean Trust being all of Tax Map Parcel 55-((A))-208, and further described by Deed Instrument 010011489 recorded August 27, 2001 in the Frederick County Clerk of the Court Office. The applicant hereby proffers the following: A.) Land Use Restrictions The applicant hereby proffers that the 5.0-acre site shall be limited to single-family detached urban lots. B.) Monetary Contribution for County Services The applicant hereby proffers to pay to the Treasurer of Frederick County, Virginia at the time of building permit issuance $3,278.31 for each single-family detached urban lot that is Iocated completely on the 5.0-acre site, or for each single-family detached urban lot that has the majority (more than 50%) of the lot area located on the 5.0-acre site. File #21 S5WEAW Greenway Engineering November 4, 2003 Bean Property Rezoning Revised February 4, 2004 Revised February 18, 2004 This per lot monetary proffer provides for: $2,694.11 for Frederick County Public Schools $539.07 for Frederick County Parks and Recreation $45.13 for Frederick County Fire and Rescue In addition, the applicant hereby proffers to pay to the Treasurer of Frederick County, Virginia $50,000.00 to cover capital costs associated with Fire and Rescue and/or Public School needs within thirty (30) days of Final Subdivision Plat approval for the residential lots on the 5.0-acre parcel. C.) Monetary Contribution for Traffic Signalization The applicant hereby proffers to provide a monetary contribution of $12,000.00 to Frederick County to be utilized as a portion of the local match for the Revenue Sharing Program for the purpose of the installation of traffic signalization at the intersection of Greenwood Road (Route 656) and Valley Mill Road (Route 659). The $12,000.00 monetary contribution will be provided to Frederick County within thirty (30) days of written notification that the Virginia Department of Transportation has advised Frederick County that traffic signalization at this intersection has been warranted. D.) Channing Drive Major Collector Road The applicant hereby proffers to develop the portion of Channing Drive that traverses the eastern boundary of the 5.0-acre parcel. Furthermore, the applicant hereby proffers to prohibit any connection to Channing Drive and to provide a continuous road efficiency buffer along the eastern boundary of the 5.0-acre parcel. File r.2185P-/EA\V 0 0 Greenway Engineering November 4, 2003 Bean Property Rezoning Revised February 4, 2004 Revised February 18, 2004 E.) Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the Iand rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: By: Z2�-/" ) ig / 31iz�'1 3_1 i i / � Trustees of the Helen R. Bean Trust ate Commonwealth of Virginia, City(ounty f r-l-ed(�'i ck- To Wit: The foregoing instrument was acknowledged before me this 1 Hh day of NOOK _6-7 20 C+by Notary Public My Commission Expires Febrccot-j 2R _!- 005 0— File e--)I R -AW 9 6reenwav Em ineerina • • _ I Channinn Drive Rezoning C ANNING D-RIVE REZONING PROPERTYID NUAMERS 55-((A))-206, 209, 211, 213 & 65-((A))-30, 31, 39, 39A, 40 Pursuant to Section 15.2 - 2296 Et Seq., of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia shall approve rezoning application # 15-99 for the rezoning of approximately 354.3 acres from the Rural Areas (RA) zoning district to the Residential Performance (RP) zoning district, and the rezoning of 22.0 acres from the Rural Areas (RA) zoning district to the Business General (132) zoning district, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with said code and zoning ordinance. In the event that such rezoning is not granted; then these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the applicant and their legal successors, heirs, or assigns. ARTICLE I. PLIASED CON.S`T R UCTION PLAN This article shall apply to the following parcels: Lvnnehaven, L.C.: 55-((A))-206, and 65-((A))-30, 31 Giles Farm: 65-((A))-39, 39A Sheppard/Futral: 55-((A))-209, 211, 213 and 65-((A))-40 The total number of residential building permits that may be issued for any parcel within the subject property in combination with all other above -referenced parcels shall not exceed the following phasing schedule: Greenway Enalineering Year Permits Issued to Date 2000 79 2001 158 2002 237 2001) 3)16 2004 395 2005 474 2006 553 2007 632 2008 711 2009 790 2010 846 AJ? TICLE 11. L YNNEHA VEN, L. C. Chaniting Drive Rezoning This article shall apply only to those properties currently owned by Lynnehaven, L.C., property identification numbers 55-((A))-206, and 65-((A))-30, 31. The subject properties are more particularly described as all of the land owned by Lynnehaven, L.C. as recorded in Deed Book 843 at Pages 415, 418, and 424 and reported to collectively contain 91.4 acres. The conditions proffered are as follows: A) AREA ZONED RP - 81.4 ACRES 1. NlA1YITN,1LJ 1 DENSITY The total number of lots shall be limited so as not to exceed a 2.5 unit per acre density For the entire subject area. 2. PROHIBITED UNIT TYPES Townhouses, weak -link townhouses, and garden apartments, as defined in the Frederick County Zoning Ordinance, shall not be permitted. 3. PEDESTRIAN WALKWAYS Pedestrian walkways shall be provided in the master development plan in addition to required sidewalks. Nature trails shall be constructed by the applicant in open space areas, in dedicated easements, and in tandem with the regional stormwater management network. Said trails shall also link to similar trail systems in adjacent housing developments, and shall be six feet wide with a wood chip or mulched surface. See Exhibit A attached. 0 • Greemva-v Eligineerin; 4. SOLID WASTE Channino Drive Rezoninn The owners of the subject property shall pay $100.00/mo. to Frederick County for the use of the solid waste facility located on the Greenwood Volunteer Fire Company property and serving the Greenwood/Senseny Road area. Said payment shall be made from the time Frederick County encumbers and signs a new lease for the expansion of said facility, or acquires another facility serving this general area, and shall continue for a period of ten years, or the term of said lease. whichever is less. B) AREA ZONED 132 - 10.0 ACRES 1. PROHIBITED USES The following uses shall not be permitted on the subject property: Description SIC Automotive dealers 55 Hotels and motels 701 Organization hotels and lodging 704 Golf driving ranges & miniature golf courses 7999 Self-service storage facilities --- Conunercial batting cages operated outdoors --- 2. MAXIMUM BUILDOUT In the B2 area established by this rezoning, the maximum cumulative floor area of all buildings in said B2 area shall not exceed 100,000 square feet. 3. BUILDING FACADES Commercial structures within the proposed B2 area shall be faced with brick, drivet, or architectural block on three (3) sides. C) ENTIRE PARCEL 1. CHAINING DRIVE Channing Drive is a new major collector which will be constructed along the eastern boundary of the subject property. Channing Drive shall consist of an 80' dedicated right-of-way with two 12' lanes, along with any associated turn lanes required by the Virginia Department of Transportation. This thoroughfare will be built in sections as warranted by adjacem development. The following criteria establish when the property owner is required to extend Charming Drive: I (ireertway Engineering Channing Drive ReZaning J f J �! j a) Each subdivision plan for residential housing; adjacent to a portion of Channing Drive that has not yet been constructed shall include the construction of the adjacent portion of said drive in the subdivision plan. b) The construction of the first section of Charming Drive, fxom Senseny Road to the proposed B2 area, shall be included in the first site plan submitted for the B2 area if said road section has not yet been constructed. c) All of Charming Drive from Valley Mill Road to Senseny Road shall be constructed, open for traffic and dedicated to Frederick County before the 475th residential building permit is issued for any of the parcels listed in Article I of this proffer. 2. TRAFFIC SIGNALS a) The installation of a traffic signal at the intersection of Senseny Road and Channing Drive shall be included in the first site plan submitted for the B2 area; if a traffic signal has not yet been installed at said intersection should residential traffic meet sianalization warrants. The developer agrees to enter into a signal agreement with VDOT prior to final site plan approval. b) The owners shall make a $25,000 cash contribution towards the installation of a traffic signal at the intersection of Greenwood Road (Route 656) and Senseny Road (Route 657). This contribution shall be made to the Virginia Department of Transportation upon their request and upon approval by said department for the installation of this traffic signal. In the event a traffic signal is installed at said intersection before this contribution is made, the Virginia Department of Transportation may request the transfer of said contribution towards signalization at the intersection of Greenwood Road (Route 656) and Valley ivlill Road (Route 659). The developer agrees to enter into a signal agreement with VDOT prior to final subdivision and/or site plan approval. 3. BRIDGE Iti1PROVEVIENTS There is currently gone -lane bridge on Valley Nlill Road where it crosses Abrams Creek. The owners of the subject property shall pay towards feasibility studies, engineering, or construction of improvements to this crossing. These monies, paid to Frederick County, VA, are to be set aside for said improvements, and may be considered by the county for matching fiends. Said payments shall be $100.00 per residential lot, at the time the initial building permit is issued for said lot. The owner of the subject property shall be required to pay said monies until the Virginia Department of Transportation awards a contract for a two lane expansion and construction of these improvements on said bridge. 4. TURN LANES ,,VND RIGHT OF WAY DEDICATION a) Right and left turn lanes shall be constructed on Senseny Road at the intersection with Charming Drive. Said lanes shall be constructed by the applicant at the time Channing Drive is connected to Senseny Road. b) Right and left turn lanes shall be constructed on Channing, Drive at the intersection with the main entrance road into the Lynnehaven subdivision. Greenwuy Engineering Channmg Drive Rezoning 11, ! 3,0 c) The installation of a total of two turn lanes at the intersection of Senseny Road and Greenwood Road shall be included in the first site plan submitted for the B2 area, if two turn lanes have not yet been installed at said intersection. The necessity of said tum lanes, and their configuration will be subject to later review by the Virginia Department of Transportation. The owners of the subject property shall install said turn lanes or pay to the Virginia Department of Transportation up to $15,000 per turn lane towards the installation of said turn lanes. d) This paragraph shall apply to parcels 55-((A))-206, and 65-((A))-39, 39A: The first site plan submitted for either of these parcels which will result in more than 120,000 sf of commercial area for both parcels collectively shall result in an updated traffic studv to determine if additional offsite improvements are required. Said traffic study shall require approval by the Virginia Department of Transportation. 5. DRAINAGE AND WETLANDS DEVELOPN ENT Sediment forebays shall be constructed upstream of Twin Lakes in order to decrease the siltation of said lake and settle out man-made impurities. These sediment forebays shall be constructed in such a way as to encourage their development into a wetland with locally indigenous vevetation and wildlife. 6. MONETARY CONTRIBUTION a) Residential: In the event rezoning application t5-99is approved for rezoning, the owners of the subject property will pay to the Treasurer of Frederick County, Virginia, $3.278.31 per residential lot prior to the initial building permit being issued for said lot. This per lot monetary- proffer provides for: $2,694.11 for Frederick County Public Schools $539.07 for Frederick County Parks and Recreation $46.13 for Frederick County Fire and Rescue These payments are intended to offset the additional cost to Frederick County due to an increased demand on public services. b) Commercial: In the event rezoning application 45-99is approved for rezoning, the owners of the subject property will pay to the Treasurer of Frederick County, Virginia, $3?45.60 prior to the initial building permit being issued within the B2 zoned area. This monetary contribution is intended to offset the additional capital costs to Frederick County for fire and rescue services. Greenway Engineering Channing Drive Rezvninh J v i ARTICLE IV: DRS. GEORGE SHEPPAR_D & ALLEN FUTRAL This article shall apply only to those properties currently owned by Drs. George Sheppard & Allen Futral, property identification numbers 55-((A))-209, 211, 213, and 65-((A))-40. The subject property is more particularly described as all of the land owned by Fu-Shep Farm Partnership as recorded in Deed Book 789 at Page 1022 and further described by a survey by Curtis L. McAllister dated February 13, 1990. The conditions proffered are as follows: 1. LMA!`{IMUM DENSITY The total number of parcels shall be limited so as not to exceed a 2.2 unit per acre density for the entire collective area for parcels 55-((A))-209, 211, and 213, and a 2.5 unit per acre density for parcel 65-((.A))-40. 2. PROHIBITED UNIT TYPES Townhouses, weak -link townhouses, and garden apartments, as defined in the Frederick County Zoning Ordinance, shall not be permitted. 3. PEDESTRIAN WALKWAYS Pedestrian walkways shall be provided in the master development plan in addition to required sidewalks. Nature trails shall be constructed by the applicant in open space areas, in dedicated easements, and in tandem with the regional stormwater management network. Said trails shall also link to similar trail systems in adjacent housing developments. and shall be six feet wide with a wood chip or mulched surface. See Exhibit A attached. 4. SOLID WASTE The owners of the subject property shall pay $100.00/mo. to Frederick County for the use of the solid waste facility located on the Greenwood Volunteer Fire Company property and serving the Greenwood/Senseny Road area. Said payment shall be made from the time Frederick County encumbers and signs a new lease for the expansion of said facility, or acquires another facility serving this general area, and shall continue for a period of ten years, or the term of said lease, whichever is less. 5. CHANNING DRIVE All of Channing Drive From Valley Mill Road to Senseny Road shall be constructed, open for traffic and dedicated to Frederick County before the 475th residential building permit is issued for any of the parcels listed in Article I of this proffer. 10 Greenway Etrgineering Clturnting Drive Rezotring 6. TRAFFIC SIGNAL The owners shall make a $25,000 cash contribution towards the installation of a traffic signal at the intersection of Greenwood Road (Route 656) and Senseny Road (Route 657)_ This contribution shall be made to the Virginia Department of Transportation upon their request and upon approval by said department for the installation of this traffic signal. In the event a traffic signal is installed at said intersection before this contribution is made, the Virginia Department of Transportation may request the transfer of said contribution towards signalization at the intersection of Greenwood Road (Route 656) and Valley Mill Road (Route 659). The developer agrees to enter into a signal agreement with VDOT prior to final subdivision and/or site plan approval. 7. BRIDGE IMPROVEiv1ENTS There is currently a one -lane bridge on Valley Mill Road where it crosses Abrams Creek. The owners of the subject property shall pay towards feasibility studies, engineering, or construction of improvements to this crossing. These monies, paid to Frederick County; VA, are to be set aside for said improvements, and may be considered by the county for matching funds. Said payments shall be S100.00 per residential lot, at the time the initial building permit is issued for said lot. The owner of the subject property shall be required to pay said monies until the Virginia Department of Transportation awards a contract for a two lane expansion and construction of these improvements on said bridge. 8. DRAINAGE AND WETLANDS DEVELOPMENT Sediment forebays shall be constructed upstream of Twin Lakes in order to decrease the siltation of said lake and to settle out man-made impurities. These sediment forebays shall be constructed in such a way as to encourage their development into a wetland with locally indigenous vegetation and wildlife. 9. MONETARY CONTRIBUTION TO OFFSET IMPACT OF DEVELOPMENT In the event rezoning application 415-99 is approved. and the property is subsequently developed within an RP zone, the undersigned will pay to the Treasurer of Frederick County, Virginia S4,205.14 per residential lot prior to the initial building permit being issued for said lot. This per lot monetary contribution provides for: S3,568.94 for Frederick County Public Schools S591.07 for Frederick County Parks and Recreation S45. I3 for Frederick County Fire and Rescue This payment is intended to offset the additional cost to Frederick County due to an increased demand on public services. (;"en►rav Engineering July ?, 1999 running Drive Rezoning �57 ARTICLE V: SIGNATURES The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the applicant and 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: Robert A. Giles, Executor, Giles Farm Commonwealth of Virginia, Cit ICountty f .-< < �. To Wit: The foregoing instrument wasacknowledgedbefore me thist day of = 1999 by My Commission Expires n Scully, Lynhehave Notary Public I , Commonwealth of Virginia. City/ ounty of To Wit: � 1^ The foregoing instrument was acknowledged before me this 1 day of �`'f i +,�1999 by Notary Public My Commission Expires 12 Greenway Engineering July 2, 1999 iannin- Drive Rezoning G Dr. George Sheppa,z Margie Sheppard Commonwealth of Virginia Ci ty/COUILty, of To Wit: The foregoing instrument was acknowledged before me this 41 day of 1999 by j C Notary Public My Commission Expires (-,C- C Z— Dr. Allen Futral etty Futral Commonwealth of Virginia, To Wit: City/c��ounty' f .o The foregoing instrument was acknowledged before me this day of 1999 by Notary Public My Commission Expires 0 Green way Engineering Channing Drive Rezoning 13avid Madison, Manager, Manning and Ross, LLC Commonwealth of Virginia, �j I., ;, City((�oun�of t ), "-'.k.'t. \ -, I- To Wit: 'Q�� The foregoing instrument was acknowledged before me this day of �-cjL- -, 1999 by Notary Public My Commission Expires Manager, Manning and Ross, LLC Commonwealth of Virginia, N K- City(&u:n3of I I.L� %I �� To Wit: �-N The foregoing instrument was acknowledged before me this- day o 1999 by ff C 0 j V Notary Public My Commission Expires 14 Rezoning Comments Frederick County Attorney Mail to: Frederick County Attorney Co. Administration Bldg., Suite 202 107 North. Kent Street Winchester, Virginia, 22601 (540) 665--6383 Hand deliver to: Frederick County Attorney Co. Administration Bldg., Suite 202 107 North Kent Street Fourth Floor Winchester, Virginia (540) 665-5651 Applicant: Please fill out the 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, V. proffer statement, impact analysis, and any other pertinent information.' Applicant's Name: Greens ny En ins eerinQ Telephone: 5407662-4185 Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Location of property: Adioining Senseo Road to the north and Channing Drive to the west: approximately 3000 feet east 6f Greenwood Road Current zoning: RP with. proffers Zoning requested: RP with modifed proffers A..cteage: 15.24± County ,A,tttor44ney's Comments:: /+ l I H / l ! 7 h L �A 0� e A e+/ f 10 W!. t r• 4- 4 tl�x 1 /� 411 (&I A-1#AI �550411)*J W4f )e 149? ,.ni-1 '� fT-WI4l�i� o� lin • 74t pro 42 County Attorney's Signature & Date: - Notice to Co y Attorney - Please Return. This Form to the Annlicant COUNTY of FREDERICK a Roderick B. Williams w'^County Attorney ins 540/722-8383 Fax 540/667-0370 E-mail: rwillia@co.frederick.va.us February 6, 2008 VIA FACSIMILE -- (540) 722-9528 -- AND REGULAR MAIL Mr. Evan Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 Re: Rezoning Application, Parcel Number 55-A-206B 12th Elementary School Dear Mr. Wyatt: Enclosed please find the form containing my comment on the proffer statement for abbve-referenced rezoning application, As -you will see, I .have just one comment, namely to add at the end of item A the following sentence: "The Applicant hereby proffers that all conditions associated with the 1.999 rezoning of the remaining portion of the Property shall .remain in place." I make the comment not because I see any need for the 1999 conditions to remain in. place for the use of the entire property for school purposes, but only so that it is clear, in the unlikely event that the site were to end up not being used for a school, that the original conditions remain in place and have not, by implication. or otherwise, been unnecessarily abrogated. Please do not hesitate to contadme should you have any questions. Thank you. Sincerely yours, r Roderick B. Williams County Attorney Enclosure cc: Ms. Candice E. Perkins, AICP, Senior Planner, County of Frederick (w/enc.) 107 North Kent Street Winchester, Virginia 22601 FINAL CONSOLIDATION AND SUBDIOSION PLAT OF THE LAND OF o TA YLOR-GRACE, LLC � co RED BUD U AGISTERNL DISTRICT, FREDERICK COUNTY, NRG/NIA SEPTEMBER 25, 2007 court SITE r Boer ar+serr am VICINITY MAP " 1 = 2000' ravtrs OWNEWV01RG/NIA REGOINC S BDMSION, OF A PORTION OF THE LANDS OF TAYLAS APPEARS THIS PLAT, IS WITH THE FREE CONSENT AND /N ACCES1R F THE UNDERSIGNED OWNERS, PROPRIETORS, AND TRUSTEES, IF A COMMO/NIA COMMONWEALTH OF ORGIN14 CITY /inc �.A-e To wiT• CITY / COUNTY OF To WIT: THE FOREGOING OWNERS CERTIFlCATE WAS THE FOREGOING OWNER'S CERTIFICATE WAS KNOWLEDGED BEFORE ME TH S � DAY OF ACKNOWLEDGED BEFORE ME THIS DAY OF 2Q OI BY n r _ 2Q_ BY .� S UQ;2o�pR i C) : z _ NOTARY P NOTARY PUBLIC 20 MY COMMISSION EXPIRES 20 PARENT TAX PARCEL IDENTIFICATION ON WE A0 - `0' N TAS bC -GRACE, LLC T.M. 55-A-206 J4.4.380 ACRES ZONE. RP USE. VACANT (ii) TAYLOR-GRACE, LLC T.M. 55-A-208 J.261J ACRES ZONE. RP USE.' VACANT SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THE LAND CONTAINED 1N THIS SUBOMS/ON /S (,) A PORTION OF THE LAND CONVEYED TO OR DEWLOPME7 LLC BY DEED DATED MARCH 29, 2005 OF RECORD IN THE FREDERICK COUNTY CIRCUIT COURT CLERKS OFFICE AS INSTRUMENT No. 050007270, AND (ii A PORTION OF THE LAND VE CONYED TO OR DEVELOPMENT, LLC BY DEED DATED ,WRCH 26, 2004 OF RECORD IN SMD CLERKS OFFICE AS INSTRUMENT NUMBER 040005596. OR DEVELOPMENT WAS MERGED INTO TAYLOR-GRACE, LLC ON WY 29, 2007 BY CERTIFICATE OF MERGER ISSUED BY THE WRCW L4 STATE CORPORATION COMMISSION. l� ERNEST S. HOLZW , L.S. APPROVAL: FR DERICK COUNTY SUBDMSION ADMINISTRATOR DATE e GREENWAY ENGINEERING, ANC,151 Windy Hill LaneEngineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX. (540) 722-9528 Founded N 1571 2185R SHEET 1 OF 7 www.greenwayeng.com SUB 07-2.3 • AREA TABULATION T.M. 55—A-206 ORIGINAL TM 55—A-206 = 34.4380 ACRES LESS AREA TO NEW T.M. 55—A-2068 =—I1.9813 ACRES cn RESIDUE OF T.M. 55—A-206 22.4567 ACRES t-0 T.M. 55—A-2068 ADDED TM 55—A-208 ADDED AREA FROM TM 55—A-206 AREA OF NEW T.M. 55—A-2068 + J 2613 ACRES + 11.9813 ACRES 15.2426 ACRES O = IRS = 1/2" IRON REBAR do CAP SET (UNLESS OTHERWISE NOTED) IRF = 1/2" IRON RE84R FOUND RIV RIGHT OF WAY PROFFERS 1. PROFFERS ON FILE IN FREDERICK COUNTY, VA AS REZONING APPLICATION / 15-99, AND ARE RECORDED IN THE SAID COUNTYS CIRCUIT COURT CLERKS OFFICE IN DEED BOOK 954, PAGE 1544. NOTES I. THE BOUNDARY INFORA447ION SHOWN HEREON IS 84SED ON A CURRENT FIELD SURVEY BY THIS FIRM. 2. NO TITLE REPORT FURNISHED. EASEMENTS OTHER THAN SHOWN AWY EXIST. J. THE PROPERTY SHOWN HEREON LIES ENTIRELY WITHIN ZONE C, AREAS OF MIN/AWL FLOODING, PER NF.I.P. FLOOD INSURANCE RATE AWP No. 510063 0120 B, DATED JULY 17, 1978. 4. BUFFERS/LANDSCAPE SCREENING PER FREDERICK COUNT ZONING ORDINANCE 165-37—D. 5. THE SOURCE OR MER1DlNV FOR THE BOUNDARY SHOWN HEREON IS RECORDED AT INSTRUMENT No. 030007982 AMONG THE LAND RECORDS OF FREDERICK COUNTY, WRGINA. 6. THE AREA TABULATION FOR THIS PUT IS BASED ON RESIDUES RESULTING AFTER THE DEDICATION OF CHANNING DRIVE PARTS 2 & 3, LYNNEHAVEN SECTION THREE PHASE 1 AND LYNNEHAVEN COMMERCIAL SITE. Z ALL EXISTING EASEMENTS ARE RECORDED BY INSTRUMENT NUMBERS 070011417 & 070012186 UNLESS OTHERWISE NOTED. 8. CHANNING DRIVE 1S RECORDED BY INSTRUMENT NUMBERS 070011100, 070011416 & 070012185. LYNNE44VEN DRIVE IS RECORDED BY INSTRUMENT NUMBER 040026656. WOODROW DRIVE IS RECORDED BY INSTRUMENT NUMBERS O40026656, 070011417 do 070012186. FINAL CONSOLIDATION AND SUBDIVISION PLAT OF THE LAND OF TA nOR-GRACE, LLC RED BUD MAGISTERIAL DISTRICT, FREDERICK COUNTY, W/RGINDI SCALE- N/A I DATE.' SEPTEMBER 25 2007 /J7*% GREENWAY ENGINEERING, INC. 151 Windy Hill Lane 1----V Engineers Wuuhester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX (540) 722-9528 Founded in 1971 www.greenwayenp.com *LTH OF T STH Lic. o�8•q�`��-IJ/ �o suRv6 2185R SHEET 2 OF 7 SUB 07-23 • CURVE DATA 0 0 CURVE DELTA ANGLE RADIUS ARC LENGTH TANGENT CHORD BEARING CHORD LENGTH C1 54'32'31" 325.00 309.38' 167.54' N 27'S9'26 E 297.83' C2 9'17'33' 275.00 44.60' 22.35' N 05'21'56" E 44.55' C3 83'25'44" 40.00' 58.24' 35.66' N 51'43'35" E 53.23' C4 8'17'04" 528.00 76.34' 38.24' N 89'17'55 E 76.28' C5 9'28'06" 272.00' 44,95' 22.53' N 89'53'26" E 44.90' C6 4*11'24 1000.00' 73.13' 36.58' S 40'47'34" W 73.11' C7 23'24'47" 920.00' 375.95' 190.63' S 50'24'16' W 373.33' C8 13' 18'52" 1000.00' 232.38' 1 16.72' S 55'27' 13" W 231.86' C9 16'20'11 375.00' 106.92' 5T83' S 23-20'11- W 106.56' C10 8'56'44" 425.00' 66.36' 33.25 N 19'38'28" E 66.29' UNE DATA LINE BEARING DISTANCE L1 N 55'15'41" E 69.47' L2 N 10'00'43" E 110.73' L3 N 85'09'23" E 685.93' L4 S 04'37'29" W 149.58' L5 S 69' 16'23" E 151.30' L6 N 44'37'46 E 85.35' L7 S 4956'33" E 33.78' L8 S 01'36'22" E 9.56, 1-9 S 38'41'52" W 208.24' L10 S 62'06 39" W 168.91' L11 S 48'47'47" W 161.00' L12 S 25'22'29" W 123.72' L13 N 67-16 58" W 170.46' L14 S 22'43'02" W 62.44' L15 S 35'25'17" E 245.00' L16 S 39'24'22" W 222.32' L17 S 46'24'23" W 105.00' L18 S 56'27 43' W 61.36' L19 S 89'37'41' W 115.00' L20 N 58'33'06" W 170.49' L21 N 71'11"4" W 103.00 L22 N 83'57'58" W 213.68' L23 S 5T59'48" W 69.72 L24 N 84'25'00" W 125.79' L25 N 74'49'54" W 50.60' L26 N 65'53'10" W 85.00' L27 N 54'13*07" W 79.07 L28 N 38'44'07" WLL 45.00' f7N4L CONSOLIDATION AND SUBDIVISION PLAT OF THE LAND OF TA noR-GRACE, LLC RED BUD MAGISTERAL DISTRICT, FREDERICK COUNTY, WRGINIA SCALE.- N/A I DAM SEPTEMBER 25 2007 /J7%� GREENWAY ENGINEERING, INC. 151 Windy Hill Lane I-1-V Engineers Winchester, Vgpnia 22602 Surveyors Telephone: (540) 662-4185 FAX: (540) 722-9528 Founded ui 1971 www.greenwoyeng.com TH p� i D OKST S TH a Lic. Nd. 1837 ��O¢ , SUR 2185R We.] • .c- �� KEY MAP .b FIELDSTONE SECTION ONE C 00 ZONE. RP, USE. RES. o ^ INST.f 040005697 1 N RESIDUE TM 55-A-206 MYLOR-GRACE, LLC ZONED: RP USE VAC4NT INST. NO. 050007270 LYNNEHAVEN SEC. 3 PH. 1 ZONED: PR USE. RES. INST. / 070011417, �00 � �o,`O^O hl v J Oh� AP— do PROPOSED G� LYNNEHAVEN COMMERCIAL ZONE: B2 USE: D8 843 PG 415 �4 tick INST. NO. 050007270 1 CiL 1 1 � 1 dl 3D0 0 300 GRAPHIC SCALE (IN FEET) FINAL CONSOLIDATION AND SUBDIVISION PLAT OF THE LAND OF m noR-GRACE, LLC RED BUD WGISTERW DISTRICT, FREDERICK COUNTY, WRGIN41 SCALE 1 ' = 300 DATE' SEPTEMBER 25 2007 GREENWAY ENGINEERING, ►m 151 Windy Hill Lane Eng. Winchester, Vvginia 22602 Su^�°rs Telephone: (540) 662-4185 FAX.- (540) 722-9528 Founded in 1971 www.greenwayeng.com KLTH 0; D rP T Lic. 0. 1837 '4� SUR`�� 1185R SHEET 4 OF 7 -,r 250 0 250 2 1 3 GRAPHIC SCALE 5 4 .o (IN FEET) 6 0� 7 3�,31 to\ 9 fl 1.0 5 �o j NO TV SEE' SHEET J FOR LEGEND, NOTES 203� AND DATA TABLES 202 201 200 199 ' — � 198�� h w 197 W 196 195 ti h 194 h 2 193 192 191 190 1 189 U 14�, E 5 633�9 188 f0f 0 0 0 60 61 i REWAXE V TM M-A-200 22.4567 ACRES ZONED: RP 0 � o Ic 'f 1,o ) 04 ,RIl LB 0 065� ��" o r. 0 100 90 \� 0 0 4 O ` 107 1� 108 4109 '0 . 1 to, Glib 2 h : 112 j inI 113 0 / W d` 15.2ACRES 0 I "� ZONED: RP I �, r EHA � SECTION 2 \ O 50 BRL AIL, ��v N 41'1?"1TW 533.58' o I IPROPOSED _ ) LYNNEh4EN C0MA/ERC41L SITE FINAL CONSOLIDATION AND SUBDIVISION PLAT OF THE LAND OF TA noR-GRACE, LLC RED BUD UAGISTERNL DISTRICT, FREDERICK COUNTY, ORGIN14 SCALE: I' = 250' DATE' SEPTEMBER 25, 2007 GREENWAY ENGINEERING,1. 151 Windy Hill Lane f ngm�rs Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX.- (540) 722-9528 Founded in 1971 w",.greenwayeng.com 0 J N 'TH p� ERNEST S.}IQIZMbRiH � Lic9/N'o. 1837 2185R SHEET 5 OF 7 .SUB 07-2J • G 150 0 75 150 GRAPHIC SCALE (IN FEET) NOTESEE SHEET 3 FOR LEGEND, NOTES AND DATA TABLES. LABELED / EASEMENTS7S ,ARE RECORDED AS INSr NO. 070011417 AND 070012186 UNLESS OTHERWISE NOTED. ,Oh FOR DETAIL OF LO THIS I O P. \ /o/ 100 101 ` 21 t a 1 CS° o <" \ o—.o / EX SANITARY 1 SMENT \ t EWER EASEMENT AEX.20' WATEREX. 20' EASEMENT /RA MGE EX. STORM EASEMENT DRJNAGE �I EASEMENT I O w EX. 20' WATER CI y1 EASEMENT I ;� EX 20' W h l EASEMENT o Gk o 10' GAS o / LINE EASEMEM AIEW I I ro l TM 6&A-2006 i O ` 15.2426 ACRES \ ZONED: RP v lam+$ o\ a. SANITARY SEWER to21 EASEMENT INST. NO. 070011100 ' EX SANITARY ° 1 LSECTIOA ? SEWER EASEMENT ����' MST, NO. E lA ` 040026656 I EX, DRVMGE EASEMENT 50' BRL INST. NO. 070011100 � N 41'12'1J" w 5M58' o , / PROPOSED LYNNER0EN COMMERCAL SITE FINAL CONSOLIDATION AND SUBDIVISION PLAT OF THE LAND OF 1,LTH 0 m noR-GRACE, LLC RED BUD WGIST AL DISTRICT, fREDERICK COUNTY, V1RG/NIA S TH 5 SCALE 1 " = 150' DATE SEPTFMBER 25, 2007 LiC. N .1837 GREENWAY ENGINEERING, ice. l704 151 Windy Ifill Lane f,'ngtneers Winchester, Vuginia 22602 SUR Sa^�°� Telephone: (540) 662-4185 FAX.' (540) 722-9528 2185R SHEET 6 OF 7 Pounded in 1971 www.greenwayeng.com SUB 07-23 LYNNENAVEN SECTION 3 PHASE 1 WOODROW DR. _ M, RA OUTLOr EX. S"ITARY \ \ SEWER EASEMENT \ O L7 p O OD 1 40' I CCRW Y EN 1 BUFFER 1 � NOTE SEE SHEET J FOR LEGEND, NOTES AND WA TABLES. ALL LABELED EASEMENTS ARE RECORDED AS INST. NO. 070011417 AND 070012186 UNLESS OTHERWISE NOTED. CONSOLIDATION TA YLOR-GRACE, LLC 30 0 30 GRAPHIC SCALE (W FEM RED BUD WGISTERAL DISTRICT, FREDERICK COUNTY, VIRGINA SCALE.- 1 " = 30' E DATE' S£PTEMBER 25 2007 GREENWAY ENGINEERING, iNc. 151 Wutdy HiU Lane FnB Wuuhester, Yuginia 22602 Telephone. (540) 662-4185 FAX: (540) 722-9528 waded in 1971 www g2enwayeng.cam Lic. Nb. 1 837 � /21oe7 -�yw.� SUR� 0 VIRO)NIA; FREDc,'gICK COUNTY.SCT. Thli lnstrument Of writing was produced to me on ZLJ-8 - at-q-. o� and wilh certificutc acknowledgement thereto annexed Was (admitted to record. Tax imposed by Sec. 58.1-802 of 0O and 58.1-801 have been paid, if bl% , C1err 0 cn �a au W C.NN J N as �� M pq „ W O u U �a ti z 0 .9- 070019473 M THIS DEED made and dated this 261h day of December, 2007, by and between TAYLOR-GRACE, LLC, a Virginia limited liability company, party of the first part, hereinafter called the Grantor, and COUNTY SCHOOL BOARD OF FREDERICK COUNTY, VIRGINIA, party of the second part, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten ($10.00) Dollars, cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor does hereby grant and convey with general warranty and English Covenants of title unto the Grantees, in fee simple absolute, as tenants by the entirety with common law right of survivorship, all of the following described tract or parcel of land: All that certain tract or parcel of land, together with all improvements thereon and appurtenances thereunto belonging, lying and being situate in Red Bud Magisterial District, Frederick County, Virginia, containing 15.2426 acres, and being designated as "NEW TM 55-A-206B" as shown on that certain "Final Consolidation and Subdivision Plat of the Land of Taylor -Grace, LLC" dated September 25, 2007 drawn by Greenway Engineering, Inc., which plat is attached hereto and by this reference made a part hereof. AND BEING a portion of the property conveyed to QR Development, LLC, a Virginia limited liability company, by Deed dated March 29, 2005, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, as Instrument No. 05-0007270 (as to Tax Map No. 55-(A)-206) and a portion of the property conveyed to QR Development, LLC, a Virginia limited liability company, from Helen R. Bean and Dwayne M. Bean, Co -Trustees of the Helen R. Bean Trust, under Agreement dated July 21, 2001, by Deed dated March 26, 2004, of record in the aforesaid Clerk's Office as Instrument No. 04-0005596 (as to Tax Map No. 55-A-208). QR Development, LLC, a Virginia limited liability company, was merged into Taylor -Grace, LLC, a Virginia limited liability company, on March 29, 2007 by Certificate of Merger issued by the Virginia State Corporation Commission and title to the aforesaid property was merged into Taylor - Grace, LLC, pursuant to § 13.1-1073(2), Code of Virginia, as amended. Page 1 of 2 0 This conveyance is made subject to all easements, rights of way and restrictions of record affecting the subject property. WITNESS the following signatures and seals. STATE OF VIRGINIA, CITY OF WINCHESTER, TO -WIT: r I, hr'is' tn'n L %—Slk-k- a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that Denver E. Quinnelly, Member/Manager of Taylor -Grace, LLC, whose name is signed to the foregoing DEED dated the 26th day of December, 2007 has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this J6 day of December, 2007 My Commission expires 9-.3o-lo Registration No.oq�? 12758 QR Developmcnt \ A:Oeed.doc NOTARY,-PV Page 2 of 2 `W U t t t r,,, * �OCAR \ n •9AUB �1t�„ttr` V iewDetail 0 0 Page 1 of 1 Real Estate Public Inquiry Ticket Detail 2007 REAL ESTATE TAXES ............. ....... ._. Department# : RE2007 Ticket #: 225830002 FRQ:2 Sup#: 0 Name: TAYLOR-GRACE LLC Account#:15925 Name 2: Map#: 55 A 206 Address:: Description: 45.98 ACRES 36 RICKETTS DR WINCHESTER VA 22601 ..... ...... . _ .........__ ....... ...._. .. Bill Date: 12/04/2007 Due Date: 12/05/2007 ..... ...................... ......... .... ... Land: $568,300 Improve: Use: Original Bill $1,491.79 Payments $1,491.74 Acres: 53.65, Penalty Paid: $149.18 Int Paid: $27.35 Amount Owed: Other: Last Date: 01 /03/2008 Total Owed: Penalty: Interest: Note that if payment has been received within the last 10 business days, any returned items may not be posted at this time. Please check the website again. Date Type Transaction # Amount Balance 4/30/2007 Charge 0 $1,491.79 $1,491.79 1/3/2008 Payment 49928 ($1,491.79) $0.00 1/3/2008 Interest Paid 49928 $27.35 $0.00 1/3/2008 Penalty Paid 49928 $149.18 $0.00 1 Use the print key for your browser to print a copy of taxes paid for this year. New Search Previous httns://www.co.frederick.va.uslapplicationsIREPublicInciuiryNiewDetail.asl)x 2/7/2008 ViewDetail 10 0 Page 1 of 1 Real Estate Public Inquiry Ticket Detail 2007 REAL ESTATE TAXES .. .. ..... . ...... ....... ........ ...... . ..... Department# RE2007 Ticket #: 296910002 FRQ:: 2 Sup#: 0 Name: TAYLOR-GRACE LLC Account#:: 15927 Name 2: Map#: 55 A 208 Address: Description: 3-60 ACRES ... .......... ..... ........ 36 RICKETTS DR WINCHESTER VA :22601 . .. .......... . . 12/04/2007 05/2007 Bill Date. Due Date: 12/ . . ... ..... ... . . .. .... ... Land: $74,000 Improve: Use: Original Bill: $194.25 Payments: $194.25- 5.00: Acres: Penalty Paid: $19.43 Int Paid: $3.56 Amount Owed: Other: : Last Date. 01/03/2008 Total Owed: Penalty: Interest: Note that if payment has been received within the last 10 business days, any returned items may not be posted at this time. Please check the website main. Date Type Transaction # Amount Balance 4/30/2007 Charge 0 $194.25 $194.25 1/3/2008 Payment 49928 ($194.25) $0.00 1/3/2008 Interest Paid 1 49928 $3.56 $0.00 1/3/2008 Penalty Paid 49928 $19.43 $0.00 Use the it key for your browser to print a copy of taxes paid for this year. New Search] Previous httn-,-Ilwww.co.frederick.va.uslaDDlicationsIREPubliclnciuirvNiewDetail.asi)x 2/7/2008 IR COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 MEMORANDUM TO: Finance Department FROM: Pam Deeter, Office Assistant II SUBJECT: Return Of Sign Deposit DATE: April 2, 2008 The amount of $50.00 was deposited in line item #3-010-019110-0008 for the company named below had a deposit for one sign for Rezoning '#01-08 for the 12`h Elementary School. The company has returned the sign 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 �10*6 Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 0 0 0 "A U P DATE RECEIVED FROM ADDRESS Ll FO CIFOR AMT. AMT. C ACCOU AMT. N BALANi DUE 1"-NO. 9099 .i,l r. I p 0 Al /A. r DOLLARS $ 14744 1 c Number: 14744 k Amount: 50.00 Pay Amount $50.00 800Z/Z HZNOW 3HZ O'iHZ ZS3233ZNI/7,1IVN36 S= IONI 3IIa 30NTIlig SOOIEVA # 00'£86S 31oau0 ONINNKId Aq Pd 00' 00'OS 00' 00' 00'OS 00'OS $ an(i aoueTeg* $ PTPd qunourV $ �saza�ul $ AgTeuad $ ptpd buTag TediouTzd $ aoueTeg snoTAazd #-400F1 S60T # gdaa ££6£b :# 'suezZ ZSH>I'I/H?II' :za�sTbag 800Z/TU Z area ONI NNK'Id / TY TOA�u ONINNK'Id SIISOd3a NSIS �ER�CKTHKENTSTREET SZZO-609ZZ VA E3JS3H0NI�' 1 N�RSA31 SZZ XOH �/ �IVFIIIEL R AUS 'if '.330(1N2i0 NVI I For Tax lnfOrml,�INOOD x3� WW�OEMBER S TO RE1v[ ene'Nal DATE ue foT T e Dog tags d Inentjticens Business Equip Must be filed Business License fDueue First Kalf Taxes personal propeCh Real Estaplstrict SanitaTS Street f.T�go on sale D°g tad alt Vacs Due 1 Second H 5 personal pr°perry Real Estate tr1Ct nIt a �treet*115.te Commission er oft e theT due dates as billed by Office. Address 'eve nue s Mailin er unt`J Treasur FTederick COBox 225 P O, V A 226p4_0225 Wruche t'T' 665-5607 ddress Email A ck va.us BOmdoff(�cO frederi Ice Hours Treaos e Fri S.. . g pe k me ,Watch Monday thT er local media. be ° Gxtended 1, T 'T details In • + * * } * * 4.R * * * # 40 GREENWAY ENGINEERING 151 Windy Hill Lane ,r .971 Winchester, Virginia 22602 FEB _, A. T R A N S M I T T A L Project Name: 12`h Elementary School File No: 5048F Date 2-11-2008 To: Frederick County Planning From: Evan Wyatt and Development Attn: Candice Perkins GREENWAY ENGINEERING Phone: 540-662-4185 Copied Fax: 540-722-9528 Delivery: ❑ Fed Ex ❑ U.S. Mail ® Courier ❑ Pick Up ❑ Other ® Urgent ❑ For Your Review ❑ As You Requested ❑ Please Comment Message: Candice - Please find attached the original and a copy of the revised executed proffer for the Rezoning Application Package you received on Friday. Please let me know if there is anything else that you need. Thanks again, Evan Hand Delivery and Pick Ups Only: Received By: Date: Time: Please Print Name: M lt� GREENWAY ENGINEERING %47 151 Windy Hill Lane Founded in :971 Winchester, Virginia 22602 T R A N S M I T T A L Project Name: 12`h Elementary School File No: 5048F Date 2-8-2008 To: Frederick County Planning and Development Attn: Candice Perkins Copied Delivery: ❑ Fed Ex ❑ U.S. Mail ❑ Other From: Evan Wyatt GREENWAY ENGINEERING Phone: 540-662-4185 Fax: 540-722-9528 ® Courier ❑ Pick Up ® Urgent ® For Your Review ❑ As You Requested ® Please Comment Message: Candice - Please find attached the following information associated with the rezoning of parcel 55-((A))- 206B owned by the County School Board of Frederick County and containing 15.24 +/- acres: • Completed application form • Attached adjoining property owner address listing for all parcels that are 300 feet from the parcel • A taxes paid statement for parcels 55-((A))-208 and 55-((A))-206 dated 2/7/2008 • A copy of the current proffer statement (to be replaced early next week with revised statement) One bound and one loose master copy are included along with 70 individual copies of the color 11 x 17 exhibits as discussed. Please advise me of any additional information that you need and I will provide it ASAP. Thank you for your assistance, Evan Hand Delivery and Pick Ups Only: Received By: Date: Time: Please Print Name: 12TH ELEMENTARY SCHOOL REZONING APPLICATION Frederick County, Virginia ��, � ��` ram) ,'�1` °��R` `�i �� � �J.�� usr t ^ -��� r a�1€�""n`�*"T-'�� ,il �y �+r{� k• F� ��5��af � ` � p' 1� u'3 ^kip �r�'(r J �" �If r *.,.., �L • `i r . w�u,�a r �h iw^ S ar.. <Y� `��,yASpt ^' fva tr`� �+.� r r 3ie' at' R f� "Yi d E r%� rt _ r �1 yr �� . �S�i+;j�.` ti.`"��i hA�` •*'�' -�` 3„ i_ r"It it A���tlJl� �l •�, '` C��Cs. r r'� t{: 1 �.v •�lS s /' 1. %fi/^` r8� '�j ^.S�>gi>�'v( ° 4 1':� ` �rhy i�F� �tsxA�1r19 r ?ate Pi. F �� t •�1 f'� �f a p �..i '� ;l\ �5'I�%,S'��, .♦ c' 7 it z r ',� r1` �.:. ` t. \ �4. ,�i. f ,r�''y�r_ �r"7 y� ��h^, "Pf. iY�i t t i (. + 1 i��or t��.t�+�l, Sri f��2 �.��'y �'�� �•' � r�i. �.. J%�� � rM1. - .�i l�y3i r�,' �:�,T� FA �,. �r•�� /d,E�s�Tljy?Y �rr 4r,y,�,rtc �15.'tiu '`la fy r. `.t?i' x •y� Tax Parcel #55-((A))-206B February 8, 2008 Current Owner: County School Board of Frederick County Contact Person: Evan Wyatt, AICP ter—„ cogm ,�:5��1`�`ugiym` T 151 Windy IIill Lane Founded in 1971 WinchesLer•, Virginia 22602 Telephone 540-662-4185 Engineers FAX 540-722-9528 Surveyors www.greeriwayeng.corn A 77 .r • —7W- IL i� • /J T 57 Ar 'rrr ti j j 6 HEARING 4- Scard ROOM J94L i - L - I . — -a- r P. COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING March 12, 2008 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #01-08 FOR FREDERICK COUNTY SCHOOL BOARD On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, March 26, 2008, at 7:15 p.m., in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #01-08 for Frederick County School Board, submitted by Greenway Engineering, to rezone 15.24 acres from the RP (Residential Performance) District with proffers to the RP District with modified proffers for the 12"' Elementary School. The property adjoins Senseny Road to the north and Channing Drive to the west, approximately 3,000 feet east of Greenwood Road, in the Red Bud Magisterial District, and is identified by Property Identification Number 55-A-206B. Any interested parties having questions or wishing to speak may attend this public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.co.frederick.va.us. Sincerely, l r� Candice E. Perkins, AICP Senior Planner CEP/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 0 This is to certift Lhat the attached correspondence was mailed to the following on / fiom the Department of Planning and Development, Frederick County, Virginia: 55K - 1. 1). 51- 55 - A- - 206-B TAYLOR-GRACE LLC P 0 BOX 3508 WINCHESTER VA 22604 Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 55K - 1- 2. 61- EDGECOMB CHRISTOPHER J WATKINS KIMBERLY J 301 LYNNHAVEN DR WINCHESTER VA 22602.6860 55K - 1- 3- 113- RICHMOND AMERICAN HOMES OF VA INC 12220 SUNRISE VALLEY DR STE 40 RESTON VA 20191.5600 65H - 1- 4. 23-A MANNING & ROSS DEVELOPERS LLC PO BOX 27 WINCHESTER VA 22604.0027 55K - 1- 2- 41-A LYNNEHAVEN HOMEOWNERS ASSOC INC CIO CLAGGETT MGMT 20 W THIRD ST FREDERICK MD 21701-5331 STATE OF VIRGINIA COUNTY OF FREDERICK SAGASTUMEGUSTAVO SAGASTUME LORENDA 201 LYNNHAVEN DR WINCHESTER VA 22602.6843 55K - 1- 2. 52- BERKEBILE JEAN P BERKEBILE THOMAS A 203 LYNNEHAVEN DR WINCHESTER VA 22602 55K - 1- 2- 53- WIGHTMAN GARY E WIGHTMAN BETTY JEAN 205 LYNNHAVEN DR WINCHESTER VA 22602.6843 55K - 1- 2- 54- MAGANA CRISTOBAL C MAGANA JACINTA 207 LYNNHAVEN DR WINCHESTER VA 22602.6843 55K - 1- 2. 55- GOODEROBERT GOODE CYNTHIA 211 LYNNHAVEN DR WINCHESTER VA 22602.6843 V ��- Candice E. Perkins, Senior Planner Frederick County Planning Dept. 1, :/ . , �, , a Notary Public in and for the State and County aforesaid, do dereby certify that Vandice E. Perkins, Senior Planner forth Dep tment of Planning and Development, whose name is signed to the foregoing, dated 3 /- �v , , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this /��/�� day of My commission expires on bMRLY H. DELLWAR N MW ID # 331878 NOTARY PUBLIC E MMONWEALTH OF VIRGINIA COMMISSION EXPIRES JULY 31, 2011---- I C J NOTARY UB IC COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING February 22, 2008 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #01-08 FOR FREDERICK COUNTY SCHOOL BOARD On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, March 5, 2008, at 7:00 p.m., in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning 401-08 for Frederick County School Board, submitted by Greenway Engineering, to rezone 15.24 acres from the RP (Residential Performance) District with proffers to the RP District with modified proffers for the 12"' Elementary School. The property adjoins Senseny Road to the north and Charming Drive to the west, approximately 3,000 feet east of Greenwood Road, in the Red Bud Magisterial District, and is identified by Property Identification Number 55-A-206B. Any interested parties having questions or wishing to speak may attend this public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.co.frederick.va.us. Sincerely, Candice E. Perkins, AICP Senior Planner CEP/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certify, that the attached correspondence was mailed to the following on G1 / Q t� from the Department of Planning and Development, Frederick County, Virginia: 55K - 1- 2- 51- 55K - 1- 3- 108- TAYLOR-GRACE LLC 36 RICKETTS DR WINCHESTER VA Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 SAGASTUME GUSTAVO SAGASTUMELORENDA 201 LYNNHAVEN DR WINCHESTER VA 22602.6843 22601.3676 55K - 1- 2- 52- BERKEBILE JEAN P BERKEBILE THOMAS A 203 LYNNEHAVEN DR WINCHESTER VA 22602 55K - 1- 2- 61- EDGECOMB CHRISTOPHER J WATKINS KIMBERLY J 301 LYNNHAVEN DR WINCHESTER VA 22602.6860 55K - 1- 3- 113- RICHMOND AMERICAN HOMES OF VA INC 12220 SUNRISE VALLEY DR STE 40 RESTON VA 20191.5600 65H - 1- 4- 23-A MANNING & ROSS DEVELOPERS LLC PO BOX 27 WINCHESTER VA 22604.0027 55K - 1- 2. 41-A LYNNEHAVEN HOMEOWNERS ASSOC INC CIO CLAGGETT MGMT 20 W THIRD ST FREDERICK MD 21701.5331 55K - 1- 2- 53- WIGHTMAN GARY E WIGHTMAN BETTY JEAN 205 LYNNHAVEN DR WINCHESTER VA 22602.6843 55K - 1- 2. 54- MAGANA CRISTOBAL C MAGANA JACINTA 207 LYNNHAVEN DR WINCHESTER VA 22602.6843 55K - 1- 2- 55- GOODEROBERT GOODE CYNTHIA 211 LYNNHAVEN DR WINCHESTER VA 22602-6843 I Candice E. Perkins, Senior Planner Frederick County Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK l , , a Notary Public in and for the State and County aforesaid, do ereby certify that Can ice E. Perkins, Senior Planner for the Depar ment of Planning and Development, whose name is signed to the foregoing, dated d-,�d 0 K , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this day of �D My commission expires onU CV oU NOTARY P LIC BEVERLY H. DELLINGER NOTARY ID # 331878 NOTARY PUBLIC COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES JULY 31, 2011 / 2�� �/�� TO: BARBARA-DATA PROCESSING 12th Elementary School SC N o06- �4.� Obi/Zi� • FROW BEV - PI ni ng —4` 02 C (Pad 0 �} p ng Dept. �s Please rint sets of labels by Number Tax Map Number Owner ' // 5 l d 6 THANKS! ire EDGECOMB CHRISTOPHER J WA I KIND M11V1DC:ML I J -- i L) 1 55K 12 61 2 55K 1 3 113/ RICHMOND AMERICAN HOMES OF VA INC 12220 3 55K 1 3 112 RICHMOND AMERICAN HOMES OF VA INC 12220 4 55K 1 3 111 RICHMOND AMERICAN HOMES OF VA INC 12220 5 55K 1 3 110 RICHMOND AMERICAN HOMES OF VA INC 12220 6 55K 1 3 109 RICHMOND AMERICAN HOMES OF VA INC 12220 7 55K 13108 TAYLOR-GRACE LLC 36 RIC 8 55K 1 3 107 TAYLOR-GRACE LLC 36 RIC 9 55K 1 3 106 RICHMOND AMERICAN HOMES OF VA INC 12220 10 55K 13105 RICHMOND AMERICAN HOMES OF VA INC 12220 11 55K 1 3 104 RICHMOND AMERICAN HOMES OF VA INC 12220 77 12 55K 1 3 103 RICHMOND AMERICAN HOMES OF VA INC 12220 13 55K 1 3 102 RICHMOND AMERICAN HOMES OF VA INC 12220 14 LYNNEHAVEN HOMEOWNERS ASSOC INC 142 N 15 65H 1 4 23A MANNING & ROSS DEVELOPERS LLC P 0 Bi 16 65 A 39 MANNING & ROSS DEVELOPERS LLC PO BC 17 55K 1 3 101 RICHMOND AMERICAN HOMES OF VA INC 12220 18 55K 1 3 100 RICHMOND AMERICAN HOMES OF VA INC 12220 19 55 A 206A TAYLOR-GRACE LLC 36 RIC 20 55K 1 2 41A '- LYNNEHAVEN HOMEOWNERS ASSOC INC C/O CLAGGETT MGMT 20 W 21 55K 1 2 51 SAGASTUME GUSTAVO SAGASTUME LORENDA 201 L` 22 55K 1 2 52 US BANK NATL ASSOC AS TRUSTEE C/O AMERICA'S SERVICING CO 3476, 23 55K 1 2 53 WIGHTMAN GARY E WIGHTMAN BETTY JEAN 205 L` 24 55K 1 2 54 :' MAGANA CRISTOBAL C MAGANA JACINTA 207 L` 25 55K 1 2 55 GOODE ROBERT GOODE CYNTHIA 211 L` 26 155K 1 2 56 CROISANT JUANA CROISANT JESSICA 213 U 1/28/2008 Source: Frederick County C be 0 Document Approval Form - F F R 1 3 2008 PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TIME OF YOUR APPROVAL. IF THIS DOCUMENT DOES NOT MEET YOUR APPROVAL PLEASE PROVIDE COMMENTS AS TO WHAT YOU WOULD LIKE TO HAVE COMPLETED. INITIALS DATE & TIME Candice Angie Mark Dana Eric Mike John Amber COMMENTS: Received by Clerical Staff (Date & Time): U:\Pam\Common\Document Approval Form.wpd / �� a ��ti/� �� a 0 TO:BARBARA-DATA PROCESSING 12th Elementary School Sc� ppL go,q��, FROM:BEV - PI ning Dept. 6 Please print sets of labels by nc Number Tax Map Number Owner THANKS! irE EDGECOMB CHRISTOPHER J WA I KIND Nnwnr-n- i j -_ i L' 1 55K 12 61 2 55K 1 3 113 RICHMOND AMERICAN HOMES OF VA INC 1222C 3 55K 1 3 112 RICHMOND AMERICAN HOMES OF VA INC 1222C 4 55K 1 3 111 RICHMOND AMERICAN HOMES OF VA INC 1222C 5 55K 1 3 110 RICHMOND AMERICAN HOMES OF VA INC 1222C 6 55K 1 3 109 RICHMOND AMERICAN HOMES OF VA INC 1222C 7 55K 1 3 108 TAYLOR-GRACE LLC 36 RI( 8 55K 1 3 107 TAYLOR-GRACE LLC 36 RI( 9 55K 1 3 106 RICHMOND AMERICAN HOMES OF VA INC 1222C 10 55K 1 3 105 RICHMOND AMERICAN HOMES OF VA INC 1222C 11 55K 1 3 104 RICHMOND AMERICAN HOMES OF VA INC 1222C 12 55K 1 3 103 RICHMOND AMERICAN HOMES OF VA INC 1222C 13 55K 1 3 102 RICHMOND AMERICAN HOMES OF VA INC 1222C - 14 LYNNEHAVEN HOMEOWNERS ASSOC INC 142 N 15 65H 1 4 23A MANNING & ROSS DEVELOPERS LLC P 0 B 16 65 A 39 MANNING & ROSS DEVELOPERS LLC PO B( 17 55K 1 3 101 RICHMOND AMERICAN HOMES OF VA INC 1222C 18 55K 1 3 100 RICHMOND AMERICAN HOMES OF VA INC 1222C 19 55 A 206A TAYLOR-GRACE LLC 36 RI( 20 55K 1 2 41A LYNNEHAVEN HOMEOWNERS ASSOC INC C/O CLAGGETT MGMT 20 W 21 55K 1 2 51 SAGASTUME GUSTAVO SAGASTUME LORENDA 201 L' 22 55K 1 2 52 US BANK NATL ASSOC AS TRUSTEE C/O AMERICA'S SERVICING CO 3476 23 55K 1 2 53 WIGHTMAN GARY E WIGHTMAN BETTY JEAN 205 L' 24 55K 1 2 54 MAGANA CRISTOBAL C MAGANA JACINTA 207 L' 25 55K 1 2 55 GOODE ROBERT GOODE CYNTHIA 211 L' 26 155K 1 2 56 1CROISANT JUANA 1CROISANT JESSICA 213 L' SSL- )'-) -z y-�--� l 1/28/2008 Source: Frederick County C