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HomeMy WebLinkAbout025-89 Regency Lakes Assoc. - Stonewall - BackfileRECEIPT N2 022741 AMOUNT DUE AMOUNT PAID BALANCE DUE PAID BY CASH CHECK OTHER FREDERICK COUNTY DEPT. OF PLA 4NING AND DEVELOPMENT P.O. BOX 601 • 9 COURT SQUARE WINCHESTER. VIRGINIA 22601 RECEIVED FROM _ ADDRESS THE SUM OF FOR 10 BY DOLLARS S DAYTIMERSREORDER No 2221 — P-led in USA 1 Upon submittal of your completed application, a sign will be provided to you. AT LEAST SEVEN (7) DAYS BEFORE THE HEARING, the sign must be placed at the " property line and be maintained so as to be legible until the date of the hearings. Failure to comply means that your request will be tabled. I UNDERSTAND THAT I AM REQUIRED BY LAW to display a sign provided by the Frederick County Planning Department. I UNDERSTAND the terms explained above. My signature verifies that I have receieved said sign. z �� 1=1 . t�-'/�� ram, Signature 4 REZONING CHECKLIST The application is not complete if the followingr are not present: Submission Package /Z-'Z5 1. Comment sheets from the following agencies along with any marked copies of the plan: )g-28 VDOT 124-28 City of Winchester Re. u. 12`2h Co. San. Auth.12-28 Co. Hlth. Dept. .I/ Ili Inspections Dept. Parks & Rec. 12-20 Fire Marshall Airport Authority County Attorney 1�-O 2. application form 3. location map 4. survey_ 12-28 5. deed 12.28 6. taxes paid statement /2.28 7. sign received /2:2a 8. fees paid 12-28 9. impact analysis 10. proffer statement TRACKING DATE 2i �8 Application Received Rezoning forwarded to consulting engineer, if required. /— Consultation held with planning staff 3 8 a Rezoning reviewed by Zoning Review Commi tie qD Rezoning heard by PC P D1ic hearing date set b BBOS Ordinal e of amendme with conditions proffered prepared for BOS Adjoiner notications mailed for BOS public hearing Rezoning - and by"3OS Zonin map amended R�oning records updated • • Driggs Associates, Inc. April 16, 1990 Mr. Robert W. Watkins, AICP Planning Director County of Frederick P.O. Box 601 9 Court Square Winchester, Virginia 22601 Dear Bob: 8 The purpose of this letter is to request the withdrawal of the Zoning Application and Revised Master Development Plan that we submitted for our Regency Lakes Property. I do want to take this opportunity to sincerely thank you for the time and energy that you have devoted to this matter, and for the advice and help that you have given us. Sincerely, 1 F.A. (T y) Del6a+zcf Vice President FAD:pc\tony\ lwatkins cc: Ken Stiles Jim Golladay James Marlow Harry Benham 4061 Powder Mill Road Suite 400 Calverton, Maryland 20705 [301]595-4444 Fax (3011595-5950 y: �y CCIMIVIONWEAI LTH of 7;J Q,17,i Ise ----------- DEPARTMENT OF TRANSPORTATION P. 0. BOX 278 RAY D. PETHTEL EDINBURG,22824 COMMISSIONER (703) 984-4133 March 26, 1990 Mr. S. A. DelBalzo, Vice Pres. Driggs Assoc., Inc. 4061 Powder Mill Rd., Suite 400 Calverton, MD 20705 Dear Mr. DelBalzo: WILLIAM H. BUSHMAN RESIDENT ENGINEER Ref: Regency Lakes Estates Route 7 East Frederick County This is to acknowledge receipt of the above referenced project's amended master development plan submitted with your letter of March 21, 1990. We will be unable to start our review of the plans until we are in receipt of a traffic impact analysis for the development. If you recall we requested the traffic analysis during your recent rezoning of the property. As we have previously discussed the analysis should be coordinated with the Wiltshier/Turner Limited Development Company which is currently developing the adjoining Winchester Mall property. The plans and Frederick County comment sheets will be filed at this office until we are in recent of the required traffic analysis. Should you have any questions concerning this matter, do not hesitate to call. RBC/ rf xc: Mr. R. L. Moore Mr. F. E. Wymer Mr. R. W. Watkins Sincerely, W. H. Bushman Resident Engineer By: Robert B. Childress Hwy. Permits & Subd. Spec. Senior TRANSPORTATION FOR THE 21 ST CENTURY . r- i I.I Is 1 / • , Islam I \i ''�.' ili '•� ►tS�K '+r^ii / lad r1�IV 1' 1IN .'L' lu zf FIN i. '_!�' _ jn �'[ _ �I ` — �— y •• r• _� .G ~% i'V' USE 350 8Pri PIMP SYSTEM M/ 0Fags tbtn t P REACT C to DEVELOPMENT SCHEDULE { s ZSECTION AREA OF UNITS UNITS/ACRE OPEN SPACE 3' 56 . C-•! .\-' �,.�j+]• '�. 4./' v jt � j. CA y' �" Li. 5 27 AC. 10, .1.7 113 - 42i - v C,� I I I .,1 �, n o• .� � '�' -1 '� 31 AG 127 4.1 87 - zes D 45 AC 179 40 1&3 ' 36i :2 AG 77 1.4 27.7 - 539 ^:w t'� - �•r -_ I �� 1 y... /r am iOTAI ZOSAC 90.3k' 432 L`GtNO i••� „ a.7y. :- I I, ,\� MGMAY WO)" r1DGD.IMTS _�� _-_/1M/Ralp AMIl1R NIO QK OCRD&S na l TYPICAL LAYOUT .uE I isls7s,crnossac� APPROVAL BLOCK—n.wareo AvwNYAMvr I r -.ram. ey I - L MCDULAR HOME LINK$ t_-J•R7rr..VO Ze- rL-VR r' •J 9 ����.___._-%i1VINlLO q'tA/ .lflrlfA EwJf,HA/Nt _I�•-, UTILITIES � '..• ,. r/ - ' of �N J • � Mero�l[o s.w•wbt .,vr •sw.sa,v i . ,;. 7 VC.NITY YGr �� �---.-wt rtr�w/t 314v atirKR zcao. — —--.._�tsir�a►� swr~hv NE% hlu' - - b nuwd �r a -,a-.. •r.ra arr wrr�..r ti rcaa r... car .Y `� . 200dat . CERUM1 CM—ft - 20e3 0 0 Driggs Associates, Inc. February 23, 1990 Mr. Robert W. Watkins, AICP Planning Director County of Frederick 9 Court Square Winchester, Virginia 2260i Re: Regency Lakes Dear Mr. Watkins: L] f C nI � =: FEB 2 The purpose of this letter is to request that we be placed on the agenda for the following meetings to discuss our plans for Regency Lakes: March 7, 1990 - Planning Commission March 8, 1990 - Zoning Review Committee Thank you for your help in this matter. Sincerely, Anthony (*ny) De1Bal�o Vice President, AB: dk 4061 Powder Mill Road Suite 400 Calverton, Maryland 20705 [3011595-4444 Fax(3011595-5950 HARRISON & JOHNSTON ATTORNEYS AT LAW BURR P. HARRISON 1904 197-3 MAILING ADDRESS: WILLIAM A. JOHNSTON WINCHESTER, VIRGINIA 22601 P. O. BOX 809 H. K. BENHAM ID BILLY J. TISINGER THOMAS A. SCHULTZ, JR. TELEPHONE RONALD J. BROWN 21 SOUT7i LOUDOUN STREET AREA CODE 703 BRUCE E. DOWNING 667-1266 ELIZABETH B.JOHNSTON January 15, 1990 Mr. Robert W. Watkins Planning Director Frederick County Planning Commission 9 Court Square Winchester, Virginia 22601 Re: Rezoning of Alson H. Smith Dear Bob: In regard to the above rezoning, please be advised that after taking with Wendy Jones and the adjacent landowners, I find that no figures have been obtained for the cost of running water to this area. Nevertheless, my clients are willing to pay their share of the cost of running a water line to the Northern side of Welltown Pike. I am sorry there is not sufficient information at this time to provided you with the precise dollar figure. Sincerely yours, H. K. Benham, III HKB,III:krb 0(- • Driggs Associates, Inc. April 16, 1990 Mr. Robert W. Watkins, AICP Planning Director County of Frederick P.O. Box 601 9 Court Square Winchester, Virginia 22601 Dear Bob: C�C�C 1 OM175,n� g 19�-, ll The purpose of this letter is to request the withdrawal of the Zoning Application and Revised Master Development Plan that we submitted for our Regency Lakes Property. I do want to take this opportunity to sincerely thank you for the time and energy that you have devoted to this matter, and for the advice and help that you have given us. Sincerely, f F.A. (T y) Del Vice Pr sident FAD:pc\tony\ lwatkins cc: Ken Stiles Jim Golladay James Marlow Harry Benham 4061 Powder Mill Road Suite 400 Calverton, Maryland 20705 [301] 595-4444 Fax[3011595-5950 REQUEST FOR REZONING COMMENTS //��4 Frederick County Inspections Department A%j* ATTN: Kenneth L. Coffelt, Director P.O. Box 601, Winchester, Virginia 2201 (703) 665-5651 40. The Frederick County Inspections Department is located aj 9 Square in Winchester, if you prefer to hand deliver this - form. Applicant's name, address and phone number: Regency Lakes Associates, a partnership c/o rison & Johnston, P. 0. Box 809, Winchester, Virginia 22601 (703) 667 - 1266 Name of development and/or description of the request: Regency Lakes Location: Half a mile East of Route 81 at the end of Regency Lakes Drive leading North from Route 7. Inspections Department Comments: e J P e-c, 1. •U r e-- . Tln . qp-7 Inspect. Signature & Date: (NOTICE TO INSPECTIONS - PLEASE RETURN THIS NOTICE TO APPLICANT /—Z-- TO APPLICANT.) It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach a copy of your application form, location map, and all other pertinent information. �r 0 0 BURR P. HARRISON 1904-1973 WILLIAM A.JOHN5TON H. K. BENHAM III BILLY J. TISINGER THOMAS A. SCHULTZ, JR, RONALD J. BROWN BRUCE E. DOWNING ELIZABETH B.JOHNSTON HARRISON 8 JOHNSTON ATTORNEYS AT LAW WINCHESTER, VIRGINIA 22601 21 SOUTH LOUDOUN STREET December 21, 1989 Winchester Regional Airport Route 1, Box 208-A Winchester, Virginia 22601 Attention: Mr. Kenneth F. Wiegand Executive Direct r Dear Mr. and • MAILING ADDRESS: P. O. BOX 809 TELEPHONE AREA CODE 703 667-1266 RfCfIVfD�� Enclosed herewith please find copy of Request for Rezoning Comments which you recently sent us regarding the Application of Regency Lakes Associates for rezoning of its property on Route 7. We initially advised that the entire tract of land would be rezoned to R-P zoning. This still the situation as to 141 of the acres, but the 10.73 Acres adjacent to the Scott Bair Shopping Center is being requested to be rezoned B-2. If this changes your comments, please advise. Otherwise, we will submit the comments you have already provided us. Sincerely yours, H. K. Benham, III HKB,III:krb Enclosure T0: H. K. Benham, III FROM: Kenneth F. Wiegand, Executive Director Winchester Regional Airport Authority DATE: December 27, 1989 The change in the zoning designation as indicated above does not effect the intent of our comments. Please be aware that noise created by arriving and departing aircraft should not impact on the site being developed, however, could have an effect as air traffic increases. n REQUEST FOR REZONING COMMENTS Winchester Regional Airport ATTN: '' Kenneth F. Wiegand, Executive Director ,Route 1, Box 208-A, Winchester, Virginia 22601 (703) 662-2422 The Winchester Regional Airport is located on Route 645, off of Route 522'South, if you prefer to hand deliver this review form. Applicant•s,name, address and phone number: Regency Lakes Associates, a partnership 4061 Powder Mill a , Suite 400, Calverton, Maryland 20705 (301) 595,- 4444 Name of development Pend/or description of the request: Regency Lakes Location: Half a mile -East of Route 81 at the end of Regency Lakes Drive leading North from Route17. Winchester"Regional Airport Comments: Please refer to comments on back of this request form. Airport Signature & Dater. (NOTICE TO'AIRPORT - PLEASE RETURN THI FORM TO THE APPLICANT.) Kenneth F. Wiegand, Executive Director NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible �n order to assist the agency with their review. Also, pleaselattach a copy of your application form, location map, and all other -pertinent information. 9 HARRISON & JOHNSTON BURR P. HARRISON 1904ATTORNEYS AT LAW I��3 f�MAILING ADDRESS. V C H. K. BENHAMM A. MJOHNSTON WINCHESTER, VIRGINIA 22601 L P. 0. BOX 809 ''�` ;w H. K. BHAM III BILLY J. TISINGER �. THOMAS A. SCHULTZ, JR. TELEPHONE RONALD J. BROWN 21 SOUTH LOUDOUN STREET A A CODE 703 BRUCE E. DOWNING 667-1266 ELIZABETH B.JOHNSTON December 21, 1989 141516� 4a0 d Mr. Herbert L. Sluder C% Sanitation Engineer Frederick -Winchester Health Department P. O. Box 2056 Winchester, Virginia 22601 Dear Mr. Sluder: Enclosed herewith please find copy of Request for Rezoning Comments which you recently sent us regarding the Application of Regency Lakes Associates for rezoning of its property on Route 7. We initially advised that the entire tract of land would be rezoned to R-P zoning. This still the situation as to 141 of the acres, but the 10.73 Acres adjacent to the Scott Bair Shopping Center is being requested to be rezoned B-2. If this changes your comments, please advise. Otherwise, we will submit the comments you have already provided us. HKB,III:krb Enclosure Sincerely yours, H. K. Benham, III' n)( c'/_) nib REQUEST FOR REZONING COMMENTS Frederick -Winchester Health Department ATTN: Herbert L. Sluder, Sanitation Engineer P.O. Boa 2056, Winchester, Virginia 22601 (703) 667-9747 The Frederick -Winchester Health Department is located at the intersection of Smithfield Avenue and Brick Kiln Road, if you prefer to hand deliver this review form. Applicant's name, address and phone number: Rebency Lakes Associates, a partnership c/o Harrison & Johnston, P. O. Box 809, Winchester, Virginia 22601 (703) 667 - 1266 Name of development and/or description of the request: Regency Lakes Location: Half a mile East of Route 81 at the end of Regencv Takes nri vP leading Mortr from Route 7. Health Department Comments: Health Signature and Date: - r1-S- & - a n - (NOTICE TO HEALTH DEPT. - PLEASE RETURN THIS FORM TO APPLICANT.) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach a copy of your application form, location map and all other pertinent information. 0 n '� k. FEB 2 61990 y • • Driggs Associates, Inc. February 26, 1990 Mr. Robert W. Watkins, AICP Planning Director County of Frederick 9 Court Square Winchester, Virginia 22601 Re: Regency Lakes Proffers Dear Mr. Watkins: 1 - 2 1990 Attached please find a description of the items that we wish to proffer relating to the Rezoning of the Regency Lakes property. Thank you for your consideration in this matter. Sincerely, Anthony.'(Tony) Vice President AB:dk Attachment DelBal`zo 4061 Powder Mill Road Suite 400 Calverton, Maryland 20705 [3011595-4444 Fax [301] 595-5950 REGENCY LAKES REZONING PROFFERS 1. We will provide a Master Development Plan to accompany the Zoning Application. 2. North/South Arterial Connector a. Riaht of Wa We will dedicate a right-of-way 80 feet wide from Point A to Point B. The right-of-way will transition to 40 feet from Point B to Point C. b. Paving We will be responsible for paving two lanes from Point A to Point B. Our paving will transition from two to one lane from Point B to Point C. Paving will be accomplished in accordance with the following schedule: (1) Point A to Point B. Construction to commence not later than the time when the connection between Point A and Route 7 is completed through the Winchester Mall property. (2) Point B to Point C. Construction to commence when the off site paved section between Point B and Point C, as well as the entire section between Point C and Route 661 are begun and their completion is bonded. Point B will be adjusted to ensure that the four lane dedication and the two lane paving will provide a completed connection to our northernmost East-West collector road. POINT "C" POINT "B" r E COUNTY of FREDERICK C. William Orndoff, Jr. Treasurer 703/662-6611 November 9, 1989 To Whom It May Concern: Please be advised that 1st. Half taxes under the name of Regency Lake Associates have been satisfied in the Office of Frederick County Treasurer for the year of 1989. Judith K. Malone, deputy Treasu er P.O. Box 225 - Winchester - Virginia - 22601 REZONING REQUEST #025-89 Regency Lakes Associates Rezone 152.27 Acres from MH-1 (Mobile Home Community District) to RP (Residential Performance),(141.54 acres) and B-2 (Business General),(10.73 acres) LOCATION: Northeast quadrant U.S. Route 7 and Interstate 81 (just north of Route 7 at the end of Regency Lakes Drive MAGISTERIAL DISTRICT: Stonewall ADJACENT LAND USE AND ZONING: PROPOSED USE AND IMPROVEMENTS: REVIEW EVALUATIONS: Transportation Department: No overall objections to the rezoning of this property. However, we are concerned about the additional traffic which could be generated if the property is rezoned. The proposed 777 dwellings as compared with the originally approved 650 unit mobile home park could generate as many as approximately 1,500 additional vehicle trips per day through the existing Route 7 entrance. Prior to making final comments my office will require a traffic impact analysis for review. Health Department: No objection as central water and sewer will serve the development. Sanitation Authority: There is water and sewer available at the existing Regency Lakes Estates. There is adequate water and sewer capacity available. Frederick County Fire Marshal: No problem with this rezoning. In addition to standard Building Code requirements the Frederick County Chapter 10 stipulations will need to be addressed during planning phases. Water should be studied early in the process. Winchester Regional Airport: Please refer to comments attached City of Winchester: Are the statements pertaining to proposed development in the EIS being proffered as part of a conditional zoning request? Planning and Zoning: Staff Recommendations for 2/7/90 APPLICATION FOR REZONING APPLICATION COUNTY, VIRGINIA Zoning Amendment No. Submittal Deadline is Application Date P/C Meeting: 7- M Fee Paid B/O/S Meeting: 1. APPLICANT (The applicant is the X owner other (check one) NAME: REGENCY LAKES ASSOCIATES, a partnership !Ml 'lr) W?-�-11 ,fi'C ADDRESS: 4061 POWDER MILL ROAD SUITE 400 CALVERTON D 20705 TELEPHONE:_ -in1I cqr, aaQ4 - 2. Please list all owners of the property or parties in interest: -(_1flHN HRTGGS Partner ) (lNlTiCT: zO&V l��Li�ALZo Regency Lakes Associates, a partnership 3. The property sought to be rezoned is located at (please give exact directions) NORTHEAST QUADRANT U.S. ROUTE 7 AND INTERSTATE 81 (just North of Route 7 at the end of Regency Lakes Drive) - 4. The property has a frontage of ARRUMtXfeet and a depth of feet and consists of 152.27 acres. (Please be exact) (141.54 to R-P and 10.73 to B-2) 5. The property to be rezoned is owned by REGENCY LAKES ASSOCIATES as evidenced Excuby deed from George W. Baker, Jr . tWcorded in deed book no. 608 on page ��ii , registry of the County of Frederick 6. 21-Digit Property Indentification No: Q�/CCrn+�;Yzt L Magisterial District: 516 11«<<<0 7. It is requested that the property be rezoned from MH-1 to RP and B-2 8. It is proposed that the property will be put to the following use: RESIDENTIAL (141.54 Acres)_ - Business (10.73_Acres) - 2 9. It is proposed that the following buildings will be constructed: 8 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of (across street from) the property sought to be rezoned. (Use additional pages if necessary). These people will be notified by mail of this application. [PLEASE LIST COMPLETE 21-DIGIT NUMBER) ..r-u. 1. P. B. Gentry Address: c/o James Hibler, 7312 Wenig Avenue, Baltimore, Property ID : 54000-A00-0000-0000-01050 2. Address: 231 Moore Avenue, S.E. George Rotenberry Vienna. Virginia 22180 Property ID : Rufus R. Rinker 54000-A00-00 0- - 3. Address: Route 7, Box 109 Frances E. Hulver Winchester, i Property ID# and Stuart A. Hulver 54000-AOO-0000-0000-01010 4. Address: P. O. Box 520 Development Co. of America Westminster,Maryland 21157 Property ID : 54000-A00-0000-0000-0099F 54000-A00-0000-0000-0099G Page Two • . Rezoning 5. Address: 201 North Loudoun Street Redbud Associates Winchester, Virginia 22601 Property ID : 54000-A00-0000-0000-00900 6, Address: 4510 Daly Drive 'lop of Virginia Development Chantilly, Virginia 22021 Corp. Property ID#: 54000-A00-0000-0000-00880 7, Address: 522 Cedar Creek Grade Kimberly G. Henry Virginia 22601 Property ID : and Paula 0. Henry 55000-A00-0000-0000-00310 g, Address: Route 1, Box 170 William J. Meadows Chantilly, Virginia 22021 Property ID : and Betty M. Meadows 55000-A00-0000-0000-0031B q, Address: P. 0. Box 2395 Berland M. Funkhouser Winchester, Virginia 22601 Property ID#: 54000-A00-0000-0000-01040 10. Address: 8700 Ashwood Drive S - D Capitol Hei hts Property ID : 54000-AOO-0000-0000-01020 11. Additional comments, if any I (we), the undersigned, do hereby respectfully make application and petition the governing body to amend the zoning ordinance and to change the zoning map of the Frederick County, Virginia, with the above facts as support of this application. Signature of Applic Signature of Owner: - Owners' Mailing Address: Owners' Telephone No: PLANNING Mill Road, #400, Calverton, MD 20705 For Offi Us-6 Only ON PUBLIC HEARING RECOMMENDATION OF (date)" 4 I� Approval Den SECRETARY (s'kned) ✓" BOARD OF SUPERVISORS PUBLIC HEARING ACTION OF ( e) Approval I Denial COUNTY ADMIN. (signe • NAME 11. Address: P. O. Box 3002 Donald L. Swartz Winchester. Virainia 22601 and Catherine V. Swartz Property ID : 55000-A00-0000-0000-00290 12• Robert A. Nash Address:c o American Security Bank, 730 15th St. N.W., Washington, D.C. 20015 Property ID : 55000-A00-0000-0000-00220 3. Five A Limited Partnership Address:c o Earl W. Cline, Route 1, Box 107 -L, Purcellville, Vir inia 22132 Property IDI 55B00-A00-0000-0000-00010 14. Regency Heights Home Owners Association Address: 8700 Ashwood Drive Ca ital Hei hts, 1and20745 Property ID : 55D00-A00-0000-0000-0072A 55E00-A00-0000-0000-00260 5 Joseph C. Smith Address: Route 1, Box 1985 Berryville, Virginia 22611 Property ID#: 55B00-A00-0000-0000-00060 . S. W. Wilson and Hilda Wilson Address: Route 7, Box 90 Winchester Virginia 22601 Property ID#: 55B00-A00-0000-0000-00070 17. Dennis T. Cole and Mildred B. Cole Address: Route 7, Box 81 Winchester Virginia 22601 Property ID : 55000-A00-0000-0000-00260 18 Address: Route 7, Box 89-A Steven A. DeHaven Winchester, Virginia 22601 Property ID : 55B00-001-0000-0000-OOB30 19 Edward C. Costello Address: mute 7, Box 88 Winchester, Virginia 22601 Property ID#: 55B00-A 0-0000-0000-00290 0. Address: Property ID : 299 REGENCY LAKE ASSOCIATES - CERTIFICATE OF AMENDED PARTNERSHIP 3 CERTIFIC Tr, OF PAMNF1'S1IIP 1. Name of Partnership is Regency Luke Associates. developer-nt in 2. Character of business is to operate a residential housing gate a prefabricated home sales and to engage in t Virginia, to c�pc ' ck County, g Frederick ivity not prohibited by law and approved by the partners. any other business act 3. The name of the partners and their respective post office and residence addresses are: PC�T 01'FIQ: ADDRESS RESIDFzXT, AM SS W� Box 422 Alson H. Snith 1107 Fox Drive inia 22601 Winchester, Virginia 22601 Winchester, Virg 8700 Ash�rood Drive 20743 John Driggs 8700 Ashwoud Drive Capitol Heights, Md. Capitol Heights, Md. 20743 P Royal 3318 Valley Avenue Donald L. Fowler Front Royce Road Winchester, Virginia 22601 Winchester, Virginia 22601 The partnership shall continue until terminated by the agreesmnt of the 4 . partners or titre death of one of the partners. ,. Tlje location of the place of business of the partne rship is Frederick County, Virginia. 6. No conveyance of real estate or any other recorded �nst'Ent shall be effective without the signatures of both Alson H. Smith and John Driggs. We, the uixlersigned, do state under oath that the information given above is accurate. REGENCY LAKE ASSOCIA, S By�...� (SEAL) Smith - tner By _ ,7 In Drigg - Pa.t:ier (SEAL) Fowler Partner •r. Donald L. - Frederick Coup Circuit t9 Court Frederick County Virginias A Copy Attest: GEORGE B. WHITACRE, CLEF byV Deputy C:erk 68 ,NY #6224 GEORGE W. BAKER, JR., EXOR. TO: DEED STEPHEN G. BUTLER, ANCILLARY ADMR. ************************************** ©K608PG568 THIS DEED, made this 10th day of December , 1985, between George W. Baker, Jr., Executor of the Estate of Joseph F. Hughes, the last surviving partner of "Joseph F. Hughes and Ethelyn A. Hughes, co-partners trading as Joseph F. Hughes & Company", and STEPHEN G. BUTLER, , Ancillary Administrator of the Estate of Joseph F. Iiughes, of the one part, hereinafter called the Grantor, and Regency Lake Associates a Virginia partnership, of the other part, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid and other valuable consideration, receipt whereof is hereby acknowledged, the Grantor does grant and convey, with Special Warranty of Title, unto the Grantee, in fee simple, together with all rights, rights of way, privileges and appurtenances thereto belonging, all of that certain tract of land, containing 202.78 Acres, more or less, lying at the end of Warner Lane just North of Route 7 and just East of Route 81 and the City of Winchester in Stonewall I•Iagisterial District of Frederick County, Virginia and being the same property conveyed to Joseph F. Hughes and Ethelyn A. Hughes,i his wife, co-partners trading as Joseph F. Hughes & Company by deed dated December 15, 1961 and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 275, at Page 251. For a more particular description, reference is hereby made to the plat attached to the aforementioned source of title deed. Upon the death of Ethelyn A. Iiughes in July of 1968, Joseph F. Hughes became the sole surviving partner of the partnership. Joseph F. Hughes died in January of 1976, his Will being probated in the aforesaid Clerk's Office in Will Book 78, at Page 787. Pursuant to said Will, George W. Baker, Jr. qualified as Executor of the Estate. Pursuant to Section 50-36 7 a 569 SK600FG569 of the 1950 Code of Virginia, as amended, the Executor of the Estate of Joseph F. Hughes executes this deed as the Executor of the Estate of the last surviving partner of the partnership owning the above described property. This conveyance is made subject to all legally enforceable restrictive covenants and easements of record affecting the aforesaid realty. WITNESS the following signatures and seals: (SEAL) e rge Baker, Jr., Executor of the Estate of Joseph F. Hughes, the last surviving partner of "Joseph F. Hughes and Ethelyn A. Hughes, co-partners tradin5 as Joseph F. Hughes & Company' 4d)g"%-SEAQ STEPII : N ­G. BUTLER, Ancillary Administrator of the Estate of Joseph F. Hughes STATE OF , ' OF To -wit: "s he foregoi instrument was acknowledged before me this day of 1985, by George W. Baker, lj�Jr., Executor of the Estate of Joseph F. Hughes, the last surviving partner of "Joseph F. Hughes and Ethelyn A. Hughes, ,co-partners trading as Joseph F. Hughes & Company". My commission expires %- /- (SEAL) STATE OF VIRGINIA, AT -LARGE: 5tary CITY . OF WINCHESTER , To -wit: The foregoing instrument was acknowledged before me this 30th day of December , 1985, by STEPHEN G. BUTLER , Ancillary Administrator of the Estate of - 2 - I-570 0 OK6O0PG570 Joseph F. Hughes. My commission expires OCTOBER 1, 1989 - `1 y'•Notary u c �t Y ..... , .i112,114LA FR:UL:IICK CJU-i f i, This in-clrument writing was produced to mo u-• t.u, d,,q ol1___-__ , 19 s, At 11 5 9 A, M. ui;f :ills cettificat:) of acknowledgmont thoreto anna431 w1: iluOted to recoil. Tax im posod by Soc. 58- A.1 of 5 O . o 0 and 58-54 liavo boen paid, if asso�sab.( l� l Cl©r} - 3 - 0 0 REQUEST FOR REZONING COMMENTS Frederick County Sanitation Authority ATTN: Wellington Jones, Engineer/Director P.O. Boa 618, Winchester, Virginia 22601 (703) 665-5690 The Frederick County Sanitation Authority is located on the second floor of the Old Frederick County Courthouse in Winchester, if you prefer to hand deliver this review form. Applicant's name, address and phone number: Regency Lakes Associates, a partnership c/o Harrison & Johnston, P. O. Box 809, Winchester, Virginia 22601 (703) 667- 1266 Name of development and/or description of the request: Regency Lakes Location: Half a mile Fast of Route 81 at the end of Regency Lakes Drive leading North from Route 7. Sanitation Authority Comments: 711,F,RF 15 7W,, "We IS Sanit. Signature & Date: /• ` .DEC / (NOTICE TO SANITATION -,-PLEASE RETURN THIS FORM TO APPLICANT.) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach a copy of your application form, location map, and all other pertinent information. REQUEST FOR REZONING COMMENTS Frederick -Winchester Health Department ATTN: Herbert L. Sluder, Sanitation Engineer P.O. Boa 2056, Winchester, Virginia 22601 (703) 667-9747 The Frederick -Winchester Health Department is located at the intersection of Smithfield Avenue and Brick Kiln Road, if you prefer to hand deliver this review form. Applicant's name, address and phone number: Regency Lakes Associates, a partnership c/o Harrison & Johnston, P. O. Box 809, Winchester, Virginia 22601 (703) 667 - 1266 Name of development and/or description of the request: Regency Lakes Location: Half a mile East of Route 81 at the end of Regency rake-, Dr;vP 1Pacl;nq North from Route 7. Health Department Comments:: c _..9� )L <��51-��'..c.•r � :<= ��tir-f 1'J � � J�CL�D.i! Lti^�.�� •r,-Z/'..t,�-L. �f^.� 9Y Health Signature and Date: � j2S- // — a ' - y% (NOTICE TO HEALTH DEPT. - PLEASE RETURN THIS FORM TO APPLICANT.) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach a copy of your application form, location map and all other pertinent information. REQUEST FOR REZONING COMMENTS Winchester Regional Airport ATTN': Kenneth F. Wiegand, Executive Director Route 1, Box 208-A, Winchester, Virginia 22601 (703) 662-2422 The Winchester Regional Airport is located on Route 645, off of Route 522 South, if you prefer to hand deliver this review form. Applicant's,name, address and phone number: Regency Lakes Associates, a partnership 4061 Powder Mill Road, Suite 400, Ca verton, Maryland 20705 (301) 595 - 4444 Name of development end/or description of the request: Regency Lakes Location: Half a mile East of Route 81 at the end of Regency Lakes Drive leading North from Route'7. Winchester Regional Airport Comments: Please refer to comments on back of this request form. Airport Signature & Date: (NOTICE TO'AIRPORT - PLEASE RETURN THI FORM TO THE APPLICANT.) Kenneth F. Wiegand, Executive Director NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach a copy of your application form, location map, and all other pertinent information. The applicant Khall comply with the provisions of the Frederick County Airport Zoning District (AP-1) and the following Codes of Virginia: Title 15.1 Code of Virginia, Section 489 (Purpose of Zoning Ordinances) and Section 491.02 (Airport Safety Zoning). Title 5.1 - 25.1 Code of Virginia (Permits Required for Erection of Certain Structures. ) Applicant rust be aware that, as Winchester Regional Airport Expands services and operations, noise associated with such pares i on way increase. Consideration should be given to insulating new and existing structures located within one half (1/2) mile of the end of the airport runway and 1,000 feet either side of the imaginary extended center line of such runway. SUGGESTIONS: New Construction For new s6 und-insulated construction, design considerations often include: using brick or concrete masonry walls, staggering studs, 'insulation and fiberboard under interior and exterior finish materials; installing attic space insulation; properly baffling vents; avoiding single .joint roof construction where interior and exterior materials are attached to the same rafters; avoiding exposed rafter ceilings; mortar should be free of pin holes aid all joints should be well sealed. Existing Construction For rehabilitation of existing buildings, soundproofing modifications include: replacement of existing windows with windows of greater sound transmission coefficient (STC) rating, or zdding a sccond 10'yer of glass; upgrading doors area seals; acoustic baffling of vents; adding insulation to walls and attic spaces; adding another layer of wall material to existing walls, in effect creating a two -panel wall; eliminating windows and filling the space to match exterior walls. 1 • REQUEST FOR REZONING COMMENTS City of Winchester, Virginia ATTN: Tim Youmans, Planning Director Rouss City Hall 15 N. Cameron Street, Winchester, Virginia 22601 (703) 667-1815 The City of Winchester offices are located in Rouss City Hall at 15 North Cameron Street in Winchester, if you prefer to hand deliver this review form. Applicant's name, address and phone number: Regency Lakes Associates, a partnership c/o Harrison & Johnston, P. O. Box 809, Winchester, Virginia 22601 (703) 667 - 1266 Name of development and/or description of the request: Regency Lakes Location: Half a mile East of Route 81 at the end of Regency Lakes Drive leading North from Route 7. City of Winchester��Comments: 4�4& 7�4 j 6, City Signature and Date/ (NOTICE TO CITY - PLEASE RETURN ZVI Ant S. FO TO THE APPLIC .) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Please also attach a copy of your application form, location map, and all other pertinent information. REQUEST FOR REZONING COMMENTS PAUL N. STINNF.TT RP)qWx@v, Frederick County Fire Marshall P.O. Boa 601, Winchester, Virginia 22601 (703) 665-5651 The Frederick County Fire Marshall is located at 21 Court Square in Winchester, if you prefer to hand deliver this review form. Applicant's name, address and phone number: Regency Lakes Associates, a partnership c/o Harrison & Johnston, P. O. Box 809, Winchester, Virginia 22601 (703) 667 -- 1266 Name of development and/or description of the request: Regency Lakes Location: Half a mile East of Route 81 at the end of Regency Lakes Drive leading North from Route 7. Fire Marshall Comments: No problem with this rezoning. In addition to standard Building Code requirements the Frederick County, Chapter 10 stipulations will need to be addressed during planning phases. lVater should be studied earlv in the Process. Fire Marshall Signature & Date: P.N. Stinnett - 30 NOV 89 (NOTICE TO FIRE MARSHALL - PLEASE RETURN THIS FORM TO APPLICANT. ALSO, PLEASE NOTE IF FIRE COMPANY HAS BEEN CONTACTED.) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach a copy of your application form, location map, and all other pertinent information. .a tk —' -` - � :1 REQUEST FOR REZONING COMMENTS Virginia Department of Transporation ATTN: William H. Bushman, Resident Engineer, P.O. Box 278, Edinburg, Virginia 22824-0278, (703) 984-4133 The local office of the Transportation Department is located at 1550 Commerce Street, if you prefer to hand deliver this review form. Applicant's name, address and phone number: Regency Lakes Associates, a partnership c/o Harrison & Johnston, P. U. Box 809, Winctiester, Virginia (703) 667 - 1266 Name of development and/or description of the request: Regency Lakes Location: JM 119 ! Half a mile East of Route 81 at the end of Regency Lakes Drive leading North fran Route 7. Transportation Department Comments: No overall objections to the rezoning of this property. However, we are concerned about the additional traffic which could be generated if the property is rezoned. R-P and B-2 zoning could allow tor a considerable increase in the vehicle trips per day through the existing Route 7 entrance. Prior to ma ing Final comments my ottice will require a trattic impact analysis for review. VDOT Signature and Date: ,� zc ILRIgn (NOTICE TO VDOT - PLEASE RETURN THIS FORM TO THE A LI ANT.) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach a copy of your application form, location map, and all other pertinent information. REQUEST FOR REZONING COMMENTS Virginia Department of Transportation ATTN: William H. Bushman, Resident Engineer P.O. Bog 278, Edinburg, Virginia 22824-0278 (703) 984-4133 The local office of the Transportation Department is located at 1550 Commerce Street, if you prefer to hand deliver this review form. Applicant's name, address and phone number: Regency Lakes Associates, a partnership c/o Harrison & Johnston, P. 0. Box 809, Winchester, Virginia 22601 (703) 667 - 1266 Name of development and/or description of the request: Location: Half a mile East of Route 81 at the end of Regency Lakes Drive leading North fr(xn Route 7. Transportation Department Comments: No overall objections to the rezoning of this property. However, we are concerned about the additional traffic which could be generated if the property is rezoned. The proposed 777 dwellings as compared with the originally approved 650 unit mobile home park could generate as many as approximately 1,500 additional vehicle trips per day through the existing Route 7 entrance. Prior to making final comments my office will require a traffic impact analysis for review. VDOT Signature and Date: 'ZJ. W. / (NOTICE TO VDOT - PLEASE RETURN THIS FORM TO THE NOTICE TO APPLICANT ICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach a copy of your application form, location map, and all other pertinent information. f:\avis\heine\regency2 ENVIRONMENTAL AND PLANNING IMPACT FOR REGENCY LAKES Introduction The firm of Driggs Associates was requested to evaluate the above referenced Regency Lakes residential and commercial development. This document is prepared pursuant to Section 1-5-5 of the Frederick County Zoning Ordinance. The applicant, Regency Lakes Associates is proposing to rezone 141.54 acres from the MH-1 District to the RP District and 10.73 acres from the MH-1 District to the B-2 District. The 141.5 acre tract is to accommodate a housing mix consisting of 140 single family dwelling units, 322 garden apartments, 245 townhouses. This proposed housing mix may vary depening upon the Winchester - Frederick County housing market. Any changes in the proposed housing mix will be addressed during the Master Development Plan approval process. It is estimated that during the early stage of development the project will absorb 100 dwelling units annually. The annual number of building starts will vary depending upon the economic cycle. The 10.73 acre parcel proposed for the B-2 District will yield a maximum floor area ratio of .35. This converts to approximately 163,590 square feet of floor area. • 0 Surrounding Land Uses The requested rezoning will allow a housing mix that is visually more compatible with the surrounding area than is provided for by the existing mobile homes zone. North of the subject property is a proposed RP District (presently an RA District). There are no homes on the property immediately north of the subject property and are not likely to be, unless the property is rezoned RP. The nearest home North of the subject property is about 2,300 feet away. East of the northern half of the subject property is the Common Area of Regency Heights Subdivision (presently a wooded area). This Common Area is at least 150 feet wide along most of the boundary. East of the Southern portion of the subject property (about 1,000 feet) are the backyards of about three residential lots. This portion of the subject property is presently used for recreational purposes and a portion of same is restricted to no construction. Southeast of the subject property are two tracts of land, containing 12.3 Acres and 5.5 Acres respectively. This property is zoned MH-1 and will be mostly buffered from the subject property by the two lakes on the subject property. Southwest of the subject property is other property owned by the Applicant and the property of Development Company of 0 • America, which is zoned B-2 and B-3. There is a slight ridge along this boundary line which partially blocks the subject property from the B-2 and B-3 District. West of the subject property is an undeveloped parcel, zoned R-4 and the remaining portion of the Development Co. of America property, zoned B-2. These tracts are between the subject property and Interstate Route 81. A pine screen will be built along the Western boundary line to block the view of Interstate 81 from the subject property. Natural boundaries and some screening should provide sufficient buffering with the adjacent properties that are not zoned RP. Sewage Conveyance and Treatment Impacts The sewage from this project will flow to a pumping station at Regency Lakes. The pump station is sized for 400 gal/min which translates to available capacity for 768 units. The pump station would have to be modified to increase its capacity. The flow from the subdivision will be 255,000 (300 gpd 707 units 163,540 sq. ft. x 250 gpd/1000 sq. ft.) gallons per day. The system flows to the Opequan Reclamation Plant. Water Supply Impacts This project would connect to an existing 8" water line already located on Regency Lakes Drive. There are no known limitations in the water system which would preclude the use of the property as shown. The project will utilize the same amount of water as project in sewage flow or 253,000 gallons per day. Population Increase Based upon 1992 population projections by Donnelly Demographics the average household size in Frederick County will be 2.8 people. This represents a decrease from 3.0 people per household in 1980. Assuming the subject proposal follows the county average, the 707 dwelling units will generate 1980 people. The age distribution is contained on the following table. FREDERICK COUNTY PROJECTED POPULATION DISTRIBUTION 1992 TOTAL POPULATION BY AGE 0 - 5 6 - 13 14 - 17 18 - 24 25 - 34 35 - 44 45 - 54 55 - 64 65 + PROJECTION 8.3% 11.1% 5.6% 11.0% 16.1% 14.9% 12.9% 9.1% 11.0% Source: Donnelly Demographics School Impact and Tax Yields The proposed project upon completion will generate $481,034 in real property taxes. This compares favorably with the mobile home park which would generate $162,754 in personal and real property taxes. On an average, the residential component of the project will generate an annual tax yield of $527 per unit. The compares favorably to the mobile home project which yields $250 per unit in personal and property taxes. The proposed project will be phased in accord with market conditions. This annual build -out will average 20 single family detached, 35 townhouses, and 45 apartment units. The annual 11 • number of building starts will vary depending upon the economic cycle. Because of the time element involved in the phasing, the unit costs should average $94,000 per single family detached dwelling unit, $85,000 per townhouse and $70,000 per apartment. The apartments are intended to be rental units. The estimated value of the commercial structure is in the vicinity of $100 per square foot. The real estate property tax yield is based upon a rate of $.66 per $100 of the assessed evaluation. The School Board, based upon its tri-annual census, has developed pupil generation yields per dwelling unit. The School Administration estimates that .5 pupils will be generated for the first 300 units (150), .9 per students per unit for the next 300 units (270) and 1.2 pupils for the remaining 107 units (128.4). Based upon these pupil yield factors, the proposed development will generate 548 students. This breaks down to 137 in grades K-5, 131 in grades 6-8, and 280 in grades 9-12. Since the project is being phased, the significant impact will not be felt for several years. During the initial three years of the project, 50 students will be absorbed annually by the school system. This consists of 12.5 in grades K-5, 12 in grades 6-8, and 25.5 in grades 9-12. In calculating the student mix generated by residential developments the School Board assigns 25% to grades K-5, 24% to grades 6-8, and 51% to grades 9-12. • • In comparison the approved 650 unit mobile home park would generate 537 students. This is 11 fewer students than the proposed 707 mixed dwelling unit project. However, the potential property tax generated by the proposed project is higher than the approved mobile home park. In addition, to the real estate taxes, the residents will be contributing to the sales tax and various other transfer taxes. New residents attracted to the area will have a multiplier effect on the local economy. Furthermore, contractors on the site will purchase much of their materials locally. Parks and Recreation The Frederick County Department of Parks and Recreation has not formulated standards to be used in identifying parks and recreation needs generated by proposed residential developments. However, the County has Master Plans for the Clearbrook and Sherando Regional Parks located in the north and south areas of the County. The Parks and Recreation Department intends to evaluate development proposals based upon the impact on the regional parks. In addition the Virginia Outdoors Plan identifies park and recreation needs for the counties and cities. This document will also be used in evaluating park and recreation needs. Ll • The subject property because of its location will impact Clearbrook Park. According to the Clearbrook Master Plan, the park is in need of eight tennis courts, a soccer field, two basket courts, one large playground area, and numerous open play areas. This Master Plan is to serve the 20,500 people living in the north end of the County. The Virginia Outdoors Plan identifies the following park needs for Frederick County based on a 1990 projected population of 41,000. SELECTED PARK AND RECREATIONAL NEEDS Facility Pool Swimming Swimming Outdoors Beach use, Swimming Tennis Softball, Baseball FOR FREDERICK COUNTY VIRGINIA OUTDOORS PLAN Need 6 Pools 3 Beach Acres 6 Acres 4 Courts 6 Fields Source: Telephone conversation with the Virginia Department of Conservation and Recreation November 7, 1989 For a development generating an estimated 1980 people, a substantial number of park and recreation facilities are provided. A swimming pool, clubhouse, two tennis courts, one baseball field, and a playground are provided on site. In addition the two lakes will provide opportunities for sunning, and water oriented recreation. During the Master Development Plan review other recreational units will be designated. The area adjoining the tennis courts, and baseball field will be used for other open space oriented recreational uses. Based upon the park and recreational facilities provided on site, the residents in the development will not need to use the regional park facilities. Relative to its population size, the proposed development will provide more recreational facilities, than are available to the general population. Solid Waste In accordance with County policy, solid waste will be hauled from the site by a private contractor at no expense to the County. Emergency Services There is insufficient information available for the Division of Emergency Services to conduct a review. This issue will be addressed during the Master Development Plan and Subdivision review phases. 9 • Stormwater Management The entire site will drain into the two ponds situated on the property. Therefore, stormwater management is not an issue. Environmental Features The property sits on the Martinsburg Shale belt and is unsuited for agricultural use. One half of the site is graded or occupied by lakes. The western portion of the tract is covered by grass which is periodically mowed. There are no significant tree stands. Since the parcel lies within the comprehensive Land Use Plan's Urban Development Area, it is suited for development. Historic Structures There are no historic sites on the property. Under the current MH-1 District, the entire site can be graded to provided for the approved 650 mobile homes. Although the proposed rezoning requests 200 additional units, the townhouse and apartment mix require a reduced amount of disturbed area. Maps of the Battle area indicate that the action focused to the northwest, northeast, west, and south of the property. The portion of the property south of Ash Run was barely touched by the Battle. It appears that the area north of Route 7 between Ash Run and the Abrams Creek northwest tributary was partially bypassed by the Battle. The possible action on the north side of Ash Hollow Run was either covered by the existing Regency Heights Subdivision, or already graded as part of the Regency Lakes Mobile Home development.