Loading...
HomeMy WebLinkAbout009-05 Freedom Manor - 26.87 Acres RA to RP - Shawnee - Backfile„ c o as v`n� r Jam, y =z�Z/ r- DATE lUll_J�llQ� �.1���ii�k� 1\o.`/ RECEIVED FROM �-E t8 Lu-Q _ v\ -l- FOR RENT FOR ACCOUNT PAYMENT BAL. DUE 127426' s `ML�-15OLLARS l i cs� 6' j Qk 6 i cc 0 CASHAy 4 ll �O 1 2S Q ,�`ti1ti CHECK -I -3?) 0MONER BY �7 iie; 1REZONING TRACKING SHEET Check List: Application Form Proffer Statement L Impact Analysis +- Adjoiner List Fee & Sign Deposit Deed Plat/Survey Taxes Paid Statement Impact Model Run DATE (� d Application received/file opened ip g� Reference manual updated/number assigned O S D-base updated % 0 Copy of adjoiner list given to staff member for verification Four sets of adjoiner labels ordered from data processing (p /k-/4C -- e Q 1�" • P " blae ' an .. r iiw location map ordered from Mapping ' ile given to office manager to update Application Action Summary 17X, 1A S—_ PC public hearing date ACTION: Ai�e. A�--JW44e-�— BOS public hearing date ACTION: APMVM 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.) 5 SJ Action letter mailed to applicant q'lls'X.5� Reference manual and D-base updated L?o / (p ' 004 File given to office manager to update Application Action Summary (final action) File given to Mapping/GIS to update zoning map Zoning map amended U \Carol\CommonUracki ng. rez Revised 05/09/02 .6 0 Department September 15, 2005 Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 RE: REZONING #09-05, FREEDOM MANOR Dear Evan: Lor.11 540/665-5651 FAX:540/665-6395 This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting of September 14, 2005. The above -referenced application was approved to rezone 26.87 acres from RA (Rural Areas) District to RP (Residential Performance) District, with Proffers, for 70 single family detached homes. The subject property fronts on the east side of Papermill Road (Route 644), approximately 2,300 feet west-northwest of the intersection of Papermill Road and Front Royal Pike (Route 522), and is identified with Property Identification Number 64-A-23, in the Shawnee Magisterial District. The proffer 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. Also enclosed is a copy of the Declaration of Restrictive Covenants that must be recorded within 30 days from September 14, 2005. Please do not hesitate to contact this office if you have any questions regarding the approval of this rezoning application. The Department looks forward to working with you and the applicants during the development of this project. Sincerely, Michael T. Ruddy Deputy Planning Director MTR/bad cc: Steve DuBrueler, 158 Front Royal Pike, Winchester, VA 22602 Gene Fisher, Shawnee Magisterial District Supervisor June Wilmot, Shawnee Magisterial District Commissioner Robert A. Morris, Shawnee Magisterial District Commissioner Jane Anderson, Real Estate 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 • a REZONING APPLICATION #09-05 FREEDOM MANOR Staff Report for the Board of Supervisors Prepared: September 7, 2005 Staff Contact: Michael T. Ruddy, Deputy Planning Director 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 Planning Commission: 07/06/05 Board of Supervisors: 08/10/05 09/14/05 Action Recommended Approval Tabled for 30 Days at Applicant's Request Pending APMVM PROPOSAL: To rezone 26.87 acres from RA (Rural Areas) District to RP (Residential Performance) District for 70 single family detached homes. LOCATION: The property fronts on the east side of Papermill Road (Route 644), approximately 2,300 feet west-northwest of the intersection of Papermill Road (Route 644) and Front Royal Pike (Route 522) MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 64-A-23 PROPERTY ZONING: RA (Rural Areas) District. PRESENT USE: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: RP (Residential Performance) Use: Residential/Vacant/Agricultural South: RA (Rural Areas) Use: Shenandoah Memorial Park East: RA (rural Areas) Use: Residential West: RA (Rural Areas) Use: Agricultural PROPOSED USE: 70 Single Family Detached Urban Residential Units • a Rezoning #09-05 — Freedom Manor September 7, 2005 Page 2 REVIEW EVALUATIONS: Virginia Dept, of Transportation: The documentation within the application to rezone this property appears to have a measurable impact on Routes 644 and 522. These routes are the VDOT roadways which have been considered as the access to this property. VDOT is satisfied that the transportation proffers offered in the Freedom Manor rezoning application dated May 19, 2005 and addresses transportation concerns associated with this request. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way needs, including right-of-way dedications, traffic signalization, and off -site roadway improvements and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Fire Marshal: Additional details of the proposed emergency access should accompany subdivision plans. Water supplies for firefighting shall meet the requirements of Frederick County Code Section 90-4 or the Virginia Statewide Fire Prevention Code 2000 Edition. Plan approval recommended. Company 21, Millwood Station VFRD: No comment provided. Public Works Department: Under transportation and alternative access option B.4, indicate what circumstances would present the dedication of sufficient right-of-way for a left turn lane if the applicant is providing the land for the subject right-of-way. If the alternative access option referenced above is adopted, indicate if sufficient easements have been obtained to cormect the proposed subdivision to Front Royal Pike. The evaluation of stormwater shall also include the impact of increased volumes on downstream channels and drainage structures. If it is intended to use the existing ponds as stormwater management facilities, it will be necessary to perform a thorough evaluation of the subsurface and as - built conditions of the existing structures. Also, the use of retention facilities will require a detailed evaluation. The comparison the projected yearly waste volume from the proposed development to the projected total capacity of the landfill does not adequately present a valid comparison of the impact on the solid waste program in Frederick County. The impact discussion is comparing a yearly disposal rate at build -out with a total capacity. It is estimated that the proposed development will have a yearly solid waste impact cost of $150 per dwelling and will represent an approximate one (1) percent increase in the solid waste generated in Frederick County per year. Frederick -Winchester Service Authority: No comments. Sanitation Authority: No comment. Frederick -Winchester Health Department: No comment provided. Department of Parks & Recreation: Based on the revised proffer statement dated May 28, 2004, staff recommends the developer be responsible for the construction of a 10' wide bicycle and pedestrian facility within the 20' non-exclusive easement intended for that use. Also, construction of the bicycle • 0 Rezoning 409-05 — Freedom Manor September 7, 2005 Page 3 and pedestrian facility should sleet this department's minimum standards and maintenance of said facility should become the responsibility of the development's home owners' association. No more than 50% of the required open space shall be within: lakes and ponds, wetlands or steep slopes. Staff has not received an open space summary for review. Frederick County Public Schools: Based on the information included in the application packet, it is anticipated that the proposed 120 single family homes will yield a total of 84 new students upon build - out. Significant residential growth in Frederick County has resulted in the schools serving this area having student enrollments nearing or exceeding their practical capacity. The cumulative impact of this project and others of similar nature, coupled with the number of approved, undeveloped residential lots in the area, will necessitate the fixture construction of new school facilities to accommodate increased student enrollments. The impact of this rezoning on current and future school needs should be considered during the approval process. This application does meet the recommended fiscal impact model monetary proffer for schools. Winchester Regional Airport: We have reviewed the proposed rezoning request for Freedom Manor and it appears that the proposed rezoning request for residential will not impede operations at the Winchester Regional Airport. However, the proposed site does lie within airspace of the Winchester Regional Airport and residents in that area may experience noise from over flights of aircraft departing to and from the airport. Frederick County Attorney: Please see attached letter dated June 28, 2005 and signed by Robert T. Allitchell, Jr. Historic Resources Advisory Board: Upon review of the Casey property rezoning, it appears that the proposal does not significantly impact historic properties. HRAB comment is not needed and this item will not be scheduled for review at the HRAB's next meeting. Planning & Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Winchester Quadrangle) identifies this property as being zoned R-1 (Residential Limited). The parcels were re -mapped from R-1 to A- 2 (Agricultural General) pursuant to the County's comprehensive downzon ing initiative (Zoning Amendment Petition 9011-80), which was adopted on October 8, 1980. The County's agricultural zoning districts were subsequently combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re -mapping of the subject property and all other A-1 and A-2 zoned land to the RA District. In 2002, Rezoning Application RZ07-02, Doris F. Casey, was submitted to the County for a request similar to the one currently presented as RZ09-05. The rezoning proposal requested the development of seventy (70) single family detached residential lots on 30.31 acres with access being via Route 522. At that time the property had frontage on Route 522. Ultimately, the Board 9 • Rezoning 409-05 — Freedom Manor September 7, 2005 Page 4 of Supervisors denied Rezoning Application RZ07-02 on December 17, 2002. On August 20, 2003 a Minor Rural Subdivision (Family Division) was approved creating the 26.87 acre parcel for which the rezoning is being requested. 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 parcels comprising this rezoning application are located within the County's Urban Development Area (UDA) and Sewer and Water Service Area (SWSA). The Urban Development Area defines the general area in which more intensive forms of residential development will occur. In addition, the Freedom Manor property is located within the Southern Frederick Land Use Plan. The Southern Frederick Land Use Plan, a study within the County's 2000 Comprehensive Policy Plan, does not specifically identify a future land use for this site. It does provide guidance by stating that the development of future land uses throughout the study area should be sensitive to the existing uses and should demonstrate continuity with plarined uses. Immediately to the south of this property is the Shenandoah Memorial Park. To the north, east, and northwest of this property area areas of existing residential land uses. Slightly farther to the north and south of the Freedom Manor property are areas designated for Mixed Use and Planned Unit developments which are newer land use designations that seek to promote land uses that are an alternative to the traditional land use patterns that have occurred in the past. These concepts are intended to promote land use patterns that allow for internal service, employment, and intermodal transportation opportunities with public open space linkages between various developments. Other elements of the Comprehensive Plan that pertain to the evaluation of this property include the identification of environmental resources and the development of methods to protect these sensitive areas. Also, the determination that the capacities and capabilities of community facilities needed to serve the planned and proposed land uses are frilly addressed. This would include addressing issues relating to the water and sewer treatment facilities, public school facilities, and other community facilities. Transporlalion The Frederick County Eastern Road Plan and the Southern Frederick Land Use Plan provide guidance regarding future arterial and collector road connections in the eastern portion of the 9 0 Rezoning #09-05 — Freedom Manor September 7, 2005 Page 5 County by identifying needed connections and locations. Plans for new development should provide for the right-of-ways necessary to implement planned road improvements and new roads shown on the road plan should be constructed by the developer when warranted by the scale, intensity, or impacts of the development. Existing roads should be improved as necessary by adjacent development to implement the intentions of the plan (Com2p7•ehensNe Plan 7-6). The subject site has road frontage on Route 644, Papermill Road, and has indirect access to Route 522, Front Royal Pike via a proposed state road connection that would traverse the adjacent parcel, 64-A-23A. Route 644 is classified as a major collector road and Route 522 is classified as a minor arterial according to the VDOT functional classifications. The Southern Frederick Land Use Plan seeks to minimize additional entrances and intersection along Route 522 by identifying additional collector roads and locations for proposed traffic signals. As noted previously, the new road systems depicted on the plan have been, and others envisioned for this area should be, planned to mitigate impacts to envirorunental features and historic areas. hiterrnodal opportunities, including bicycle and pedestrian systems, are also encouraged as an objective of the Plan. 3) Site Suitability/Environment There are approximately .35 acres of wetlands present on the site. Any disturbance of this area will be in conformance with Army Corps of Engineers and Department of Environmental Quality permitting procedures. The initial rezoning request for this property provided for the preservation of this area within an extended area of open space beyond that which is provided by the road efficiency buffer. A similar approach would be desirable with this current request. No other environmental features exist on this property. 4) Potential Impacts Potential Impact Summary. In evaluating the Freedom Manor rezoning application it should be recognized that the applicant circulated this application for review in 2004. The initial submission considered the development of 120 single family detached residential units on 48 acres. Many of the review agency comments were provided based upon this initial submission. Subsequently, the applicant revised the application to its current form. The evaluation of the review agencies offered previously would appear to remain valid. Staff directed the applicant to obtain an additional review and comment on the latest version from VDOT and the County's Attorney to ensure that any modifications from the initial submission were evaluated and appropriate continents and approval were provided. County records indicate that the applicant is currently the owner of parcels 64-A-19 and 64-A- 20 to the north of the subject parcel. These parcels were part of the initial submission for 120 residential lots. However, the applicant did not include them as part of this application. The Rezoning #09-05 — Freedom Manor September 7, 2005 Page 6 County's Master Development Plan process requires that Master Plans include all contiguous land under single or common ownership. The consideration of the adjacent parcels within the context of this and future applications is encouraged. This would ensure a more comprehensive approach to development within this portion of the County that suits the characteristics of the land, is harmonious with adjoining property, and is in the best interests of the general public. A. Transportation Traffic Impact Anal The Traffic Impact Analysis (TIA) prepared for this application projects that the development of 120 single family detached residential units would generate 1,200 vehicle trips per day. As previously mentioned, the number of units has been reduced to 70 units. The reduction in the number of units reduces the overall impact of the project to approximately 700 vehicle trips per day. However, the values in the TIA have been maintained to ensure that the impacts of this project are entirely addressed. The conclusions of the TIA remain valid for the application. The report was developed with primary access to the project to being via a primary access on Papermill Road (Route 644) and a secondary entrance on Front Royal Pike (Route 522). The TIA concludes that the traffic impacts associated with the Freedom Manor application are acceptable and manageable. The intersection of Papermill Road and the project will operate at a level of service B or better upon the build out of this project. Further, the intersection of the project and Route 522 will operate at a level of service A or better with the build out of the project. Transportation Program. The Generalized Development Plan for Freedom Manor delineates the general public road systems that will serve the residential development. The applicant has designed the public road system to discourage cut through traffic between Front Royal Pike and Papermill Road. A traffic calming measure is proposed to further facilitate this approach. The construction of the public road cormection to Route 522 would traverse an adjoining property, PIN 64-A-23A, owned by Robin Leigh Casey. An agreement between the applicant and the owner of that parcel provides the opportunity for a road connection to be provided across the Casey property. This is a private agreement between the two parties. Robin Leigh Casey is not a party to this rezoning application. However, the applicant has provided the County with a guarantee in the form of a proffer that ensures that this road connection would be secured and constructed prior to the issuance of the first building permit within the Freedom Manor Subdivision. It should be understood that this would be a public road connection built to State standards. The responsibility of ensuring this connection is secured prior to the approval of any development plans for the property lies with the Freedom Manor applicant. Rezoning H09-05 — Freedom Manor September 7, 2005 Page 7 The importance of this proffer and the connection to Route 522 should be recognized as both entrances to the project are needed to ensure that the existing portion of Papermill Road could be utilized with minimal improvements and without the need to obtain additional right-of-way from adjacent property owners. VDOT's approval of the project in its current form is based upon this premise. The Generalized Development Plan depicts that this connection to Route 522 will be located at the southernmost portion of the Robin Casey Leigh property, PIN 64-A-23A. This provides additional benefits as the adjacent properties to the south would be provided with State road frontage and an alternative means of ingress and egress to their uses. An alternative alignment of this road was evaluated directly in alignment with Vine Lane but was discounted by the applicant. Any other alignment may create a situation where parcel 64-A-23A would ultimately be a nonconforming RA (Rural Area) lot in terms of lot size and dimensional requirements. The Frederick County Subdivision Ordinance states that whereveu• possible, the intersection of hvo streets on the opposite sides of a street shall be cross intersect ions. Fzn•ther, any neiv street intersecting lvith an arterial street shall have a mininun centerline offset of 800 feet fu•onu any other street intersecting that sane arterial sheet. The endorsement of this Rezoning and Generalized Development Plan ivould provide the County's endorsement of a nei-v street connection on Route 522 that is approximately 400 feet south ofexisting Vine Lane. It should be evaluated if this modification to the requirements of the Subdivision is appropriate. The road layout has also been designed to provide for a future connection to the adjoining property to the north, PIN 64-A-19. Future development plans for the parcels to the north would be provided with interpareel connectivity to Freedom Manor. It should be pointed out that access to parcel to the north via Freedom Manor would not be immediately available. It would only be permitted upon t:he satisfaction of any transportation related improvements associated with the development of parcel 64-A-19 through the appropriate development plan approval process. The applicant could further guarantee this scenario by providing that the temporary cul- de-sac and road would not initially coniect to parcel 64-A-19. Accommodations for the extension of the confection to the property line would then only occur if all transportation issues associated with the development of parcel 64-A-19 are filly addressed to the satisfaction of VDOT and Frederick County. Placing a proffer restriction on the property that is under consideration for rezoning would achieve this aim. The applicant has attempted to address the concern that was previously raised regarding access from parcel 64-A-19 to Westwood Drive. With the previous 2002 rezoning application, residents of Westwood Drive expressed a considerable amount of concern regarding any connection to Westwood Drive. This parcel is not part of this rezoning application. However, the applicant has provided a proffer that they, as owners of this adjacent parcel, will provide a deed restriction eliminating this road connection to Westwood Drive. The County's Attorney will be providing an opinion on the validity of this particular proffer. An alternative approach that was identified by staff was to include parcel 64-A-19 as part of this rezoning application. This would enable them to place a proffer on the property, which would guarantee the Rezoning 409-05 — Freedom Manor September 7, 2005 Page 8 elimination of the road connection, which would be legally binding and only removable with the approval of the County. The applicant did not pursue this approach. In recognition of off -site transportation improvements that are envisioned for Papermill Road in the vicinity of Freedom Manor, the applicant has proffered to make a monetary contribution in the amount of $7,500.00 per residential lot to facilitate these improvements. This contribution could be used for general improvements to Papermill Road which may include the realignment of the Papermill Road and Front Royal Pike intersection. The funds generated by this approach, up to $562,500.00, would be available to be used by Frederick County in conjunction with VDOT's revenue sharing program. The applicant has proffered to dedicate twenty (20) feet along the Papermill Road frontage of their property to further facilitate future improvements to Papermill Road. No additional right-of-way has been secured by this application to enable other off -site improvements to be constructed. The inability of the applicant to obtain right-of-way from adjacent property owners in the vicinity of Papermill Road has had an impact on the details and design of this rezoning application. Bicycle and pedestrian accommodations have been incorporated into the Freedom Manor project. The applicant has provided for the construction of a 10' wide multi use trail along their Papermill Road frontage and along their entire southern property line to provide connectivity with adjacent properties and uses. It would be desirable to ensure that the multi use trail is extended to Route 522, potentially along the proposed offsite portion of the road providing access to this project. In this particular section, this could be achieved in a similar fashion to the recent construction of the Aylor Road multi use trail. The comments offered by Parks and Recreation pertaining to the trail have been satisfied by the applicant. Sewer and Water The Freedom Manor rezoning proposal is estimated to require approximately 19,250 gallons per day of water usage and approximately 15,750 gallons per day of wastewater. The Frederick County Sanitation Authority will serve the property and the wastewater flow from the site will go to the Opequon Wastewater Treatment Plant. The initial review of the Frederick County Sanitation Authority and the Frederick Winchester Service Authority offered no comment. Recent planning efforts have identified that evolving nutrient reduction regulations promulgated by Virginia's Bay Program Will have a significant impact on the permitted waste water capabilities of Frederick County. Both the Frederick Winchester Service Authority and the Frederick County Sanitation Authority are currently undertaking efforts to evaluate the regulations and, in conjunction with the UDA Study Working Group, proactively plan to address this issue. Requests for land use modifications should be evaluated very carefully in light of the evolving nutrient loading regulations. 0 • Rezoning 409-05 — Freedom Manor September 7, 2005 Page 9 C. Community Facilities The Frederick County Fiscal Impact Model is a tool that is used to identify the capital costs associated with various types of development proposals presented to the County. The projected costs to Fire and Rescue, Public Schools, Parks and Recreation, Library, Sheriff's Office and for the Administration Building are calculated and provided to the applicant for their consideration. The Fiscal Impact Model output for this project indicates a net fiscal impact in the amount of $9,845 per residential unit. This residential impact is consistent with either a seventy unit project or the originally evaluated one hundred and twenty unit project. hi recognition of the impacts that may be realized by the community the applicant has proffered a contribution in the amount of $9,845 per residential unit. The comment provided by the Frederick County Public Schools should be carefully considered when evaluating the application. The initial evaluation anticipated that the proposed 120 single family homes will yield a total of 84 new students upon build -out. 70 residential units will yield a total of 49 new students upon build out; 28 elementary school students, 10 middle school students, and 12 high school students based upon the student generation factors utilized in the fiscal impact model. The school comment states that significant residential growth in Frederick County has resulted in the schools serving this area having student enrollments nearing or exceeding their practical capacity. The cumulative impact of this project and others of similar nature, coupled with the number of approved, undeveloped residential lots in the area, will necessitate the future construction of new school facilities to accommodate increased student enrollments. The impact of this rezoning on current and future school needs should be considered during the approval process. Recent planning efforts have identified that the 11'�' elementary school anticipced io open in the fall of 2006 will open at its programmed capacity. This is based upon the transfer of students currently enrolled in area schools that exceed programmed capacities and the projected build out and occupancy ofpreviously approved residential projects in the UDA. The 11'1' elementary school is in the immediate vicinity ofFreedom Manor. No additional elementaryschools have been identified in the current Capital Iniprovements Plan for this general area of the UDA. D) Other The Freedom Manor application proposes and proffers a significant buffer adjacent to the Shenandoah Memorial Park property. The buffer would consist of a fifty foot area outside of the residential lots within which evergreen landscaping would be provided, the bicycle and pedestrian facility would meander, and a six foot high fence would be provided. The fence would resemble a traditional iron fence style for cemetery enclosures. This element of the rezoning application would provide for an appropriate transition between the two uses. Rezoning #09-05 — Freedom Manor September 7, 2005 Page 10 5) Proffer Statement — Dated May 18, 2004 (Revised »nuhil)le limes Through Jame 10, 2005). A) General Development Plan. The Applicant has proffered a Generalized Development Plan that depicts the general layout of the site. The purpose of providing such a generalized development plan is to provide the locality with assurances that the project will develop as portrayed, in substantial conformance with the Architectural Site Plan. The delineation of road systems serving the proposed development is a key component of the Generalized Development Plan. B) Transportation. The applicant has proffered the layout of the road systems serving the development, the locations of two connections to existing public streets, the commitment that all transportation improvements will be implemented prior to the issuance of the first building permit within the Freedom Maurer project, dedication of a 20' wide strip of land along the Papermill Road frontage of their property, and an off -site road contribution of $7,500.00 per residential lot that may generate up to $562,500.00 for off -site improvements. Also proffered is the construction of a 10' wide multi use trail, constructed to the standards of the Parks and Recreation Department, along the Parkins Mill frontage of the property and the southern property line adjacent to the Shenandoah Memorial Park. C) Buffer Mitigation A 50' landscaped buffer containing a six foot high iron style fence has been proffered adjacent to the entire southern property line common with the Shenandoah Memorial Park. D) Monetary Contribution. A monetary contribution in the amount of $9,945.00 to Frederick County, to be provided at the time of building permit issuance, is proffered in an effort to mitigate the impacts associated with this development on community facilities. STAFF CONCLUSIONS FOR 07/06/05 PLANNING COMMISSION MEETING: The Freedom Manor rezoning application is generally consistent with the goals of the Frederick County Comprehensive Plan as described in the staff report. Elements of the rezoning application have been identified that should be carefully evaluated to ensure that they fully address specific components of the Comprehensive Plan, in particular the Southern Frederick Land Use Plan. In addition, the Planning Commission should ensure that the impacts associated with this rezoning request have been frilly addressed by the applicant. The Planning Commission should pay particular attention to: 1. The capacities and capabilities of community facilities needed to serve the planned and proposed land uses. 2. The location and legal ability to establish a public street connection to Route 522. Confirmation of the issues identified in the staff report, and any issues raised by the Planning Commission, should be addressed prior to the decision of the Planning Commission. 0 0 Rezoning 409-05 — Freedom Manor September 7, 2005 Page 11 PLANNING COMMISSION SUMMARY AND ACTION OF THE 07/06/05 MEETING: A resident of Westwood Drive spoke in opposition to the rezoning because of the amount of traffic another development would add to this area, which was already experiencing considerable traffic congestion. She commented on the additional traffic that would be generated by the new schools and the increasing number of traffic accidents occurring on Rt. 522. Ms. Robin Casey, the property owner at 1210 Front Royal Pike, said the contract agreement between her and Mr. DeBrueller stipulates that if the proposed right-of-way was to proceed through any existing structure, an agreement would be negotiated prior to its installation. Ms. Casey requested that the Commission delay the decision on this rezoning for 30 days, to allow time for Mr. DeBrueller and her to meet and come to an agreement. The applicant's representative agreed with Ms. Casey on her understanding of the agreement; however, he believed there was a significant window of time for the agreement to be worked out and he did not believe the rezoning would need to be delayed. He commented that the agreement is clear regarding costs and Ms. Casey was protected. Some of the Commissioners had reservations about the proposed location because it was across from the new school sites and along a bend on Papermill Road; they were concerned about further impacts to schools, to traffic, and to drainage; and they were concerned about the timing, in light of the UDA (Urban Development Area) Study currently taking place. Other Commissioners commented that this was a much improved plan over the one previously submitted; they liked the access on Papermill Road and were pleased to see the Westwood Drive access eliminated. By a majority vote, the Planning Commission recommended approval of the rezoning with the proffers as submitted by the applicant. YES (TO APPROVE): Watt, Unger, Morris, Light, DeHaven, Kriz, Triplett, Wilmot NO: Straub, Gochenour, Thomas (Note: Commissioners Manuel and Ours were absent from the meeting.) BOARD OF SUPERVISORS SUMMARY AND ACTION OF THE 08/10/05 MEETING: During the meeting the applicant offered an amended proffer which pertained to the creation of a start up fund for the homeowners association. The proffered $7,500.00 per lot contribution for off -site transportation improvements would be reduced to $7,000.00 per lot and the additional $500.00 per lot would be used to establish a start up field for the homeowners association. 0 • Rezoning #09-05 — Freedom Manor September 7, 2005 Page 12 Two adjoining property owners spoke during the public hearing portion of the meeting. Both had concerns about traffic issues associated with the rezoning request on Route 522 and Papermill Road. The adjoining property owners also expressed concerns regarding drainage in the area. Members of the Board asked questions and expressed concerns regarding the Frederick -Winchester Service Authority and the Frederick County Sanitation Authority's review and comment on the application, the school capacity issues, and drainage in the area. The Board also addressed the Declaration of Restrictive Covenant that was provided by the applicant to implement proffer C.3., the intent of which was to prohibit a road connection to Westwood Drive. The Board expressed concern regarding the language contained within the covenant and the timing of the receipt of the covenant. The covenant was provided the afternoon of the Board meeting. Mr. Wyatt asked the Board for a 30-day deferral to get the proffer modification revised, signed, and executed, and the Declaration of Restrictive Covenant in order. The Board unanimously agreed to postpone action on the rezoning application for up to 30 days in order for the applicant to resolve the outstanding issues. (All members of the Board were present.) STAFF UPDATE FOR THE SEPTEMBER 14.2005 BOARD OF SUPERVISORS MEETING: Staff has received a revised Proffer Statement that addresses the commitments made by the applicant during the August 10, 2005 meeting. Specifically, the monetary contribution to establish a homeowner's association fund and corresponding reduction in the off -site transportation contribution has been incorporated into the Proffer Statement. Regarding the Declaration of Restrictive Covenant proffered to prohibit a road connection to Westwood Drive, Route 822; staff received a revised Declaration of Restrictive Covenant on September 2, 2005. The outstanding concerns pertaining to access to Westwood Drive identified by the Board of Supervisors at their August 10, 2005 meeting do not appear to have been fully addressed. The applicant has modified the covenant to ensure that access could not be provided across parcel # 64-A-19 to Westwood Drive from the Freedom Manor property. However, a road connection to Westwood Drive would still be possible from parcel #64-A-19 and indirectly from parcel #64-A-20. Furthermore, the existing RP (Residential Performance) zoning classification of parcel #64-A-19 and a portion of parcel # 64-A-20 would enable development to occur in a manner that may not require a road connection to Westwood Drive, only a commercial entrance. If it is the applicant's intent to prohibit a road connection or access to Westwood Drive which could be used for the purpose of facilitating the development of parcels 964-A-19 and 20, a greater commitment in the Declaration of Restrictive Covenant should be provided. It would be appropriate for the Board of Supervisors to take action on this rezoning application at this time. 21 A HINKLE Y1 41 145 21 20 7 15 B 64D 3 B 23 L THOMPSON ��,.+I„rrd•ur 25 64DWINA 64D A 25 64D A 26 = — za DUBRUELER A 19 u, z , m0 64 A 19 LL CO U) Y a M r_I per+ pc oN ?N 000 Z. p a co2 is 4O z LU c DA A28 DA AN cp 146 BREEDLOVE 28 64D 27 64D 27 In 63 A 146 S �I 9 CROSS ' w 30 64D A 30 23 DUBRUELER 64 A 23 24 HALDEMAN 64 A 24 A Map Features qAppl—b- /\/enag.. ^� ,,dg. s O Parels LakeslPonds N Dams AO.. WW a For.sb.l Districts steams N R.b� , Doutl. Cnurch &,ld,q Read Centerlines - R.Nq. Chu,& N - tanks N S..t Frederick /V W E S SHENANDOAH MEMORIAL PARK 64 3 A REZ#09-05 Freedom Manor (64-A-23) 0 125 250 500 Feet 23A WILISCH 64 A 23A Al '" ?1A HINKLE 21 145 21 20 7 15 B 64D 3 B + 23 WINGFIELD THOMPSON .0 Ur 25 25 64D A 25 64D A 26 1 DUBRUELER A 19 w a z 64 A 19 V) 0 a Y U-Ui ' � z Zo o a m _o` BgOQOO 2 O N DA A28 Dq AN 'o CP 146 BREEDLOVE 1 28 64D 27 64D 63 A 146 a a 27 9 x` CROSS 64D A 30 Map Features 8Apw—eon ^� aNeft Q P—l< L,kesivonds Dens Aynauron,] a F—seel Dlselen w.— Streams N Rsminin0 W.11. - Double Cnurch 8�dd. p Road Centerlines - Relupe Cnumh N - ranks N ® SOutl Frsd-n k /V W F, 1%, Trans S REZ # 09 - 05 Freedom Manor (64-A-23) 0 125 250 500 Feet O�m t rig POW 6k r va m 461 p � r 5A EVANS 63 4 5A 3 r rn O v 2kil 1 D of 24 124 EFGINVESTMENTS 63 A 124 18 DUBRUELER 64 A 21 F� DUBRUELER C c 21 20 64 A 20 145 cP yGF �r � ll 'o 1� 9P 6� 9�010 `c� 19 64B AUELER a „Irr v 19 146 6 23 DUBRUELER 64 A 23 5 34P N 8 9 Al 14 A2 6 21 10 12 MYERS 64D A 12 D 6j c�ir 16 19 McClure�tY. 20 - °� Ig I�lor 25 26 z d 1Dnr_ l)r \ i Grm In 2 28 27 ^ 9 1A �PNG115 rNP 6 30 ?� o o LOVELESS 0 64 2 D3 y= D D6 D7 2A 2 N 1 " c� w = 2 D s 3 J m 5 36 BEEKMAN L M r 64 A 36 co 6 36B a A SHENANDOAH MEMORIAL PARK 1`lurel�cood-D, SULLIVAN HALDEMAN 64 3 A 64 A 35 64 A 24 BURGHOLZER 34 33 64 A 33 B M A 32 25 HALDEMAN 64 A 25 6v9pro �� 30 29 Map Features R E Z# 0 9- 05 ^'cu°. oP8rce15 Freedom Manor 8 al�er>s LakesrPonds IV Dams AarleulNral a Forestral Dlstrlcls 5l,eam= /%V Ree ,� Wa:ls ewm�no: Road Centerlines D-trla ch—h 0a Ref,cn�rcn N (64 — A — 2 3 ) Nsoum N rreaa-a � N 0 125250 500 S Feet • 0 • 0 • 124 �EFG N � O .e e � S sal may' 1U �n HALDEMAN 'p 24 64 A 24, U i 2 Map Features Bne O Parcels B Appl-bon ~ C.N— lak—Ponds /V Dams AerlsuRural A F.—tal Dlstlets w— Streams ^/ R.W,n,W Walk . Double Ch—h Bulldogs Road Centerlines - Reluge Ch.,O - Tanks N ® SouM Frederick �N Tmis 1860� -79, IORIAL PARK IA.. ads REZ#09-05 Freedom Manor N (64-A-23) N A 0 125250 500 s Feet JUL-20-05 14:19 FROM - Tax Map ID: 64-((A))-19 T-985 P.02/06 F-926 Prepared by Sean A. Everhart, PLC and Return to: 158 Front Royal Pike, Suite 306C Winchester, Virginla 22602 DECLARATION OF RESTRICTIVE COVENANT THIS DECLARATION OF RESTRICTIVE COVENANT, is made this day of 2005, by Band among Steve A. DITBRUEI. E , Ray N. DUBRUELER, and Madeline F. DUBRUELER (hereinafter referred to as "Declarants"), owners of the real property described in Exhibit A and Exhibit B, WITNESSETH: WHEREAS, Declarants are the fee simple owners of certain real property in Frederick County, Virginia, containing 2.2021 acres, more particularly described in Exhibit A (hereinafter referred to as the "Property") and 26.8733 acres, more particularly described in Exhibit B; WHEREAS, Declarants desire and intend to restrict their access rights to the Property upon certain conditions; and WHEREAS, the Property is not subject to the lien of any Deed of Trust or any lienholder who would have to join in this Declaration. DECLARATION OF RESTRICIVE COVENANT NOW, THEREFORE, that for and in consideration of the premises and the sum of One Dollar ($1.00), cash in hand paid, the receipt and sufficiency of which is hereby acknowledged, Declarants hereby make the following limitation and restriction on the Property and certify that said limitation and restriction shall constitute a covenant to run with the land and shall be binding on all parties claiming under them, and for the benefit of and limitation upon all future owners of said Property: Declarants shall retain all legal and vehicular access nights via Route 822 (Westwood Drive) with respect to the Property unless; and until a Frederick County approved roadway, with legal and vehicular ijngress and egress, is granted and constructed between the Property (Tax Map Parcel 64-((A))-19) and the real property described in Exhibit 13 (Tax Map Parcel 64-((A))-23); upon approved and completed construction of said roadway, Declarants shall not exercise any rights to vehicular access to and from the Property via Rout,,- 822 (Westwood Drive). 2. This limitation and restriction shall run exclusively to, the benefit of, and shall be enforceable exclusively by, Frederick County. 3. This limitation and restriction shall run with, and be appurtenant to, the land described in Exhibit A, and shall be binding on the Declarants, their heirs, personal representatives, successors, and assigns. JUL-20-05 14:19 FROM- T-985 P.08/06 F-926 WITNESS THE FOLLOWING SIGNATURES AND SEPALS: (SEAL) Steve A. DuBrueler (SEAL) Ray N. DuBrueler Madeline F. DuBrueler COMMONWEALTH OF VIRGINIA COUNTY OF FREDERICK, to wit: (SEAL) The foregoing Declaration of Restrictive Covenant was acknowledged before me, a Notary Public in the aforementioned jurisdiction, by Steve A. DuBrueler, Ray N. DuBrueler, and Madeline F. DuBraeler, this — day of , 2005. JUL-20-05 14:19 FROM- T-985 P.04/06 F-926 Exhibit A All of that certain tract or parcel of land, containing 2.69 acres, more or less, together with all improvements thereon and appurtenances thereunto belonging, luring and being situate about two miles south of Winchester, in Shawnee Magisterial District, Frederick County, Virginia, and further shown as containing 2.2021 acres on a plat entitled "Zoning Exhibit Showing Existing Zoning District Boundary on the Land of Steve A. DuBrueler, Ray N. DuBrueler & Madeline F. DuBrueler" by Richard E. Edens, L.S., dated January 13, 2003 aind attached hereto as Exhibit C. AND BEING a portion of the property conveyed to Steve A. DuBrueler, Ray N. DuBruc:ler, and Madeline F. DuBrueler from Jean Swisher by Deed dated October 24, 2002 and recorded October 25, 2002 as Instrument Number 020018296 among the land records of Frederick County, Virginia. Tax Map Parcel: 64-((A))-19 JUL-20-05 14:19 FROM- T-985 P.05/06 F-926 Exhibit B All of that certain tract or parcel of land, containing 26.8733 acres, situate in Shawnee Magisterial District, Frederick County, Virginia, as shown on the Final Plat ifor Minor Rural Subdivision of the Land Standing in the Name of Doris F. Casey, prepared by Mark; D. Smith, L.S., dated July 24, 2003, and attached to the Deed of Gift from Doris F. Casey to Robin Casey-Wilisch dated and recorded December 30, 2003 as Instrument Number 030029416 (verify instrument number among the land records of Frederick County, Virginia. AND BEING the same property conveyed to Steve A. DuBrueler, Ray N. DuBrueler, and Madeline F. DuBrueler from Doris F. Casey by Deed dated December 30, 2003 and recorded December 30, 2003 as Instrument Ntunber 030029417 among the land records of Frederick County, Virginia. Tax Map Parcel: 64-((A))-23 JUL-20-05 14:20 FR014- T-985 P.06/06 F-926 69-R/4kMD2 l4wnee N z19h , PER GPS OBSERVATION Plan TM 63—((A))--124 CFO INVESTMENTS, LLC DB. 955 PG. 724 (TRACT ELEVEN) - N703 E +r l Di3trict, Frederick County, TM 64-((A))-1 B AeANFRED C. KOKORSKY D8. 468 PC. 360 y5 J IRF z o N ACREAGE OF S 04'5746' E (AA ZON£A POR77ON 205.97 71.5596 ACRES a IRF ca - SHED ENCROACHES 0.2 Y a TM 64-((A))-20 y� 1B_4661 ACRES (totol) IRF 16 oa � n �� ZONE RA L5 v ry F 5 B= 57'SB W 577.06_ ' •IRf IRF .�IR L 1 IRF rr f ZON N y 10 O N Un m to ACREAGE OF ..� (Rp ZONED PORTION IRF L6 v 0. 6065 ACRE 12 v f3 IRF 48 IRF Lf3 IRS N 8737w49� E IRF L9 41 71101 fRF , L 11 DRIVE POST TM 64-((A))-19 - 56' R,1w FOUND 2.2021 AA)RES N CONC. 1D00' � 70 ss �� N 845724" W N 65.05 J7` W14 FOUND FRS ZAL P/KE TA4 63-((A))-746 260?2" 7NOMAS W BREEDLOVE Qc IRF 6Y- IPF A64BE L BREEDGOV E DB. 407 PG. 572 POST FOUND CS c., 3 N 4 IRF 0 TM 64-((A))-23 DORIS M. CASEY WILL BOOK 91 PG. $96 200 0 200 GRAPHIC SCALE- NOTE: SEE SHEET 2 ON FEET) FOR NOTES, LINE TABLE, LEGVVD & KEY TO ADJOINING PROPERTY OWNERS: Z01VlNG EXHIBIT SHOWING EXISTING ZONING DISTRICT BOUNDARY ON THE LAND OFALTH STEVE A. DuSRUELF_R, OF Lf RAY IY. DuBRUELER & �4 �O MADELJNE F. DuBRUELER �� SHAWNEE' MAGISTERLAL DISTRICT, FREDERICK COUNTY, VIRGINIA RICHANa.002 EDENS y 2550 SCALE: 7" = 200' DATE: JANUARY 13, 200-3 GREENWAY ENGINEERING 151 VMY HILL LANE Engineers W=HEMR, VA. 22802 3 / 03 Q. O 9�i'1j, Surveyors TELEPHONE: (540) 662-4185 SUR�'� FAX. (540) 722-9520 Founded in 1971 w".grennwdyeng.cem 3370 SHT 1 of 2 American Realty and Appraisers 12 LE VI E LANE 0. TRAFFIC CHOKER X uj uj • • REZONING APPLICATION FORM U U N 7 210G5 FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff. - Zoning Amendment Number Date Received X' PC Hearing Date BOS Hearing Date 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. Applicant: Name: Steve A. DuBrueler, et als Telephone: 540-667-7071 Address: 158 Front Royal Pike Winchester, VA 22602 2. Property Owner (if different than above) Name: Steve A. DuBrueler, et als Telephone: 540-667-7071 Address: 158 Front Royal Pike Winchester, VA 22602 3. Contact person if other than above Name: Greenway Engineering Telephone: 540-662-4185 Evan A. Wyatt, AICP 151 Windy Hill Lane Winchester, VA 22602 4. Checklist: Check the following items that have been included with this application. Location map X Agency Comments X Plat X Fees X Deed to property X Impact Analysis Statement X Verification of taxes paid X Proffer Statement X S. 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: Steve A. DuBrueler Ray N. DuBrueler Madeline F. DuBrueler 6. A) Current Use of the Property: Unimproved B) Proposed Use of the Property: Residential 7. Adjoining Property: 63 - ((A)) - 146 single family residential RA 64 - ((2)) - D single family residential RP 64 - ((2)) — D2 single family residential RP 64 - ((3)) - A commercial cemetery RA 64 - ((3)) - Al funeral home B2 64 - ((A)) - 19 agricultural RP 64 - ((A)) - 23A vacant comm/res structure RA 64 - ((A)) - 24 single family residential RA 64D - ((1)) - (B) - A single family residential RP 64D - ((2)) - (A) -1 single family residential RP 64D - ((2)) - (A) - 2 single family residential RP 64D - ((2)) - (A) - 3 single family residential RP 64D - ((2)) - (A) - 4 single family residential RP 64D - ((2)) - (A) - 5 single family residential RP 64D - ((2)) - (A) - 6 single family residential RP 64D - ((4)) - 1 single family residential RP 64D - ((4)) - 2 single family residential RP 64D - ((4)) - 3 single family residential RP 64D - ((4)) - 4 single family residential RP 64D - ((A)) - 27 single family residential RP 64D - ((A)) - 28 single family residential RP 64D - ((A)) - 30 single family residential RP 0 0 Adjoining Property Owners Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenge is located on the 2nd floor of the Frederick County Administrative Building, 107 North Kent Street. Name and Property Identification Number Address Name: Thomas W. & Mabel L. Breedlove 3575 Papermill Road 63-((A))-146 Winchester, VA 22602 Name: Dave Holiday Construction, Inc. P.O. Box 2715 64-((2))-D Winchester, VA 22604 Name: Jose D. Hernandez 800 National Avenue 64 - ((2)) — D2 Winchester, VA 22601 Name: Shenandoah Memorial Park, Inc 155 Rittenhouse Circle 64 - ((3)) — A Bristol, PA 19007 Name: JUCAPA 1600 Amherst Street 64 - ((3)) - Al Winchester, VA 22602 Name: Steve A. DuBrueler, et als 1686 S Pleasant Valley Road 64 - ((A)) — 19 Winchester, VA 22601 Name: Robin Casey-Wilisch 21 Peyton Street 64 - ((A)) - 23A Winchester, VA 22601 Name: Paul M. Haldeman, Jr 38 Rouss Avenue % BB&T Trust Winchester, VA 22601 64 - ((A)) — 24 Name: Robert O. & Mildred L. Detlefsen 207 Westwood Drive 64D - ((1)) - (B) — A Winchester, VA 22602 Name: Robert M. & Patsy O. Largent 141 Westwood Drive 64D - ((2)) - (A) —1 Winchester, VA 22602 Name: Jeffrey B. & Brenda S. Dodd 155 Westwood Drive 64D - ((2)) - 2 Winchester, VA 22602 Name: Raymond N. & E. Jean Mayhew 366 Singhass Road 64D - ((2)) - (A) — 3 Winchester, VA 22602 Name: Barbara L. Midkiff 179 Westwood Drive 64D - ((2)) - (A) — 4 Winchester, VA 22602 Name: Pau64D - ((2)) - (A) — 5 1 D. & Willene C. 224 Quail Run Lane Brooks Winchester, VA 22602 Name: Johnny H. Anderson 197 Westwood Drive 64D - ((2)) - (A) — 6 Winchester, VA 22602 0 0 Name and Property Identification Number Address Name: Robert P. & Dorothy E. Elliott 1215 Front Royal Pike 64D - ((4)) — 1 Winchester, VA 22602 Name: Elwood H. & Turessa K. Fox 1231 Front Royal Pike 64D - ((4)) — 2 Winchester, VA 22602 Name: Elwood H. & Turessa K. Fox 1231 Front Royal Pike 64D - ((4)) — 3 Winchester, VA 22602 Name: Elwood H. & Turessa K. Fox 1231 Front Royal Pike 64D - ((4)) — 4 Winchester, VA 22602 Name: Louise Craig Madigan, et als 1154 Front Royal Pike 64D - ((A)) — 27 Winchester, VA 22602 Name: Louise Craig Madigan, et als 1154 Front Royal Pike 64D - ((A)) — 28 Winchester, VA 22602 Name: Ann S. Cross 1170 Front Royal Pike 64D - ((A)) — 30 Winchester, VA 22602 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): Fronting on the east side of Papermill Road (Route 644), approximately 2,300 feet west- northwest of the intersection of Papermill Road and Front Royal Pike (Route 522). 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: TM 64-((A))-23 Magisterial: Fire Service: Rescue Service: Shawnee Millwood Station Millwood Station Districts High School: Millbrook High School Middle School: James Wood Middle School Elementary School: Armel Elementary School 10. Zoning Change: List the acreage included in each new zoning category being requested. Parcel Current Zoning Zoning Requested Acres 64-((A))-23 RA RP 26.87 ALL Total acreage to be rezoned: 26.87 11. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family homes: 70 Townhome: 0 Multi -Family: 0 Non -Residential Lots: 0 Mobile Home: 0 Hotel Rooms: 0 Square Footage of Proposed Uses Office: 0 Service Station: 0 Retail: 0 Manufacturing: 0 Restaurant: 0 Warehouse: 0 0 M 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 best of my (our) knowledge. Owner/Applicant: ' J,Steve A. DuBrueler Ray N. DuBrueler Madeline F. DuBrueler Date Date Date Special Limited Power of Attorney County of Frederick, Virginia 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) Steve A. DuBrueler, Ray N. DuBrueler, & Madeline F. DuBrueler (Phone) (540) 667-7071 (Address) 158 Front Royal Pike, Winchester, VA 22602 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. 030029417 on Page 0412, and is described as Parcel: 64 Lot: A Block: - Section: - Subdivision: 23 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 I (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 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 otherwise rescinded or modified. In witness thereof, I (we -).have hereto set my (our) hand and seal this day of 200 Signature(s) i �' J�.�...'�,,--�------•._._. - State of Virginia, City/County of , To -wit: �ves I, , a 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 said this 2-0 day of ApE, � 200 5- . My Commission Expires: Gj�?Jr7'O� Notary Public • 0 REZONING APPLICATION 409-05 FREEDOM MANOR Staff Report for the Board of Supervisors Prepared: July 21, 2005 Staff Contact: Michael T. Ruddy, Deputy Planning Director 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: 07/06/05 Recommended Approval Board of Supervisors: 08/10/05 Pending PROPOSAL: To rezone 26.87 acres from RA (Rural Areas) District to RP (Residential Performance) District for 70 single family detached homes. LOCATION: The property fronts on the east side of Papermill Road (Route 644), approximately 2,300 feet west-northwest of the intersection of Papermill Road (Route 644) and Front Royal Pike (Route 522) MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 64-A-23 PROPERTY ZONING: RA (Rural Areas) District. PRESENT USE: Vacant OONING PROPERTY ZONING & PRESENT USE: North: RP (Residential Performance) Use: Residential/Vacant/Agricultural South: RA (Rural Areas) Use: Shenandoah Memorial Park East: RA (rural Areas) Use: Residential West: RA (Rural Areas) Use: Agricultural PROPOSED USE: 70 Single Family Detached Urban Residential Units Rezoning 409-05 — Freedom Manor July 21, 2005 Page 2 REVIEW EVALUATIONS: Virginia Dept. of Transportation: The documentation within the application to rezone this property appears to have a measurable impact on Routes 644 and 522. These routes are the VDOT roadways which have been considered as the access to this property. VDOT is satisfied that the transportation proffers offered in the Freedom Manor rezoning application dated May 19, 2005 and addresses transportation concerns associated with this request. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the LT.E Trip Generation Manual, Seventh Edition For review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way needs, including right-of-way dedications, traffic signalization, and off -site roadway improvements and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Fire Marshal: Additional details of the proposed emergency access should accompany subdivision plans. Water supplies for firefighting shall meet the requirements of Frederick County Code Section 90-4 or the Virginia Statewide Fire Prevention Code 2000 Edition. Plan approval recommended. Company 21, Millwood Station VFRD: No comment provided. Public Works Department: Under transportation and alternative access option B.4, indicate what circumstances would present the dedication of sufficient right-of-way for a left turn lane if the applicant is providing the land for the subject right-of-way. If the alternative access option referenced above is adopted, indicate if sufficient easements have been obtained to connect the proposed subdivision to Front Royal Pike. The evaluation of stormwater shall also include the impact of increased volumes on downstream channels and drainage structures. If it is intended to use the existing ponds as stormwater management facilities, it will be necessary to perform a thorough evaluation of the subsurface and as - built conditions of the existing structures. Also, the use of retention facilities will require a detailed evaluation. The comparison the projected yearly waste volume from the proposed development to the projected total capacity of the landfill does not adequately present a valid comparison of the impact on the solid waste program in Frederick County. The impact discussion is comparing a yearly disposal rate at build -out with a total capacity. It is estimated that the proposed development will have a yearly solid waste impact cost of $150 per dwelling and will represent an approximate one (1) percent increase in the solid waste generated in Frederick County per year. Frederick -Winchester Service Authority: No comments. Sanitation Authority: No comment. Frederick -Winchester Health Department: No comment provided. Department of Parks & Recreation: Based on the revised proffer statement dated May 28, 2004, staff recommends the developer be responsible for the construction of a 10' wide bicycle and pedestrian facility within the 20' n' on -exclusive easement intended for that use. Also, construction of the bicycle Rezoning #09-05 — Freedom Manor July 21, 2005 Page 3 and pedestrian facility should meet this department's minimum standards and maintenance of said facility should become the responsibility of the development's home owners' association. No more than 50% of the required open space shall be within: lakes and ponds, wetlands or steep slopes. Staff has not received an open space summary for review. Frederick County Public Schools: Based on the information included in the application packet, it is anticipated that the proposed 120 single family homes will yield a total of 84 new students upon build - out. Significant residential growth in Frederick County has resulted in the schools serving this area having student enrollments nearing or exceeding their practical capacity. The cumulative impact of this project and others of similar nature, coupled with the number of approved, undeveloped residential lots in the area, will necessitate the future construction of new school facilities to accommodate increased student enrollments. The impact of this rezoning on current and future school needs should be considered during the approval process. This application does meet the recommended fiscal impact model monetary proffer for schools. Winchester Regional Airport: We have reviewed the proposed rezoning request for Freedom Manor and it appears that the proposed rezoning request for residential will not impede operations at the Winchester Regional Airport. However, the proposed site does lie within airspace of the Winchester Regional Airport and residents in that area may experience noise from over flights of aircraft departing to and from the airport. Frederick County Attorney: Please see ullached letler dated June 28, 2005 and signed by Robert T. Mitchell, Jr. Historic Resources Advisory Board: Upon review of the Casey property rezoning, it appears that the proposal does not significantly impact historic properties. I IRAB comment is not needed and this item will not be scheduled for review at the HRAB's next meeting. Planning & Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Winchester Quadrangle) identifies this property as being zoned R-1 (Residential Limited). The parcels were re -mapped from R-1 to A- 2 (Agricultural General) pursuant to the Cou nty's comprehensive downzoning initiative (Zoning Amendment Petition #011-80), which was adopted on October 8, 1980. The County's agricultural zoning districts were subsequently combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re -mapping of the subject property and all other A-1 and A-2 zoned land to the RA District. In 2002, Rezoning Application RZ07-02, Doris F. Casey, was submitted to the County for a request similar to the one currently presented as RZ09-05. The rezoning proposal requested the development of seventy (70) single family detached residential lots on 30.31 acres with access being via Route 522. At that time the property had frontage on Route 522. Ultimately, the Board Rezoning #09-05 — Freedom Manor July 21, 2005 Page 4 of Supervisors denied Rezoning Application RZ07-02 on December 17, 2002. On August 20, 2003 a Minor Rural Subdivision (Family Division) was approved creating the 26.87 acre parcel for which the rezoning is being requested. 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the C0111ruUnity'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 fixture physical development of Frederick County. [Coinprehensii,e Policy Plan, p. I-1] Land Use The parcels comprising this rezoning application are located within the County's Urban Development Area (UDA) and Sewer and Water Service Area (SWSA). The Urban Development Area defines the general area in which more intensive forms of residential development will occur. In addition, the Freedom Manor property is located within the Southern Frederick Land Use Plan. The Southern Frederick Land Use Plan, a study within the County's 2000 Comprehensive Policy Plan, does not specifically identify a future land use for this site. It does provide guidance by stating that the development of future land uses throughout the study area should be sensitive to the existing uses and should demonstrate continuity with planned uses. Immediately to the south of this property is the Shenandoah Memorial Park. To the north, east, and northwest of this property area areas of existing residential land uses. Slightly farther to the north and south of the Freedom Manor property are areas designated for Mixed Use and Planned Unit developments which are newer land use designations that seek to promote land uses that are an alternative to the traditional land use patterns that have occurred in the past. These concepts are intended to promote land use patterns that allow for internal service, employment, and intermodal transportation opportunities with public open space linkages between various developments. Other elements of the Comprehensive Plan that pertain to the evaluation of this property include the identification of environmental resources and the development of methods to protect these sensitive areas. Also, the determination that the capacities and capabilities of community facilities needed to serve the planned and proposed land uses are fully addressed. This would include addressing issues relating to the water and sewer treatment facilities, public school facilities, and other community facilities. Ti,ansporicrl ion The Frederick County Eastern Road Plan and the Southern Frederick Land Use Plan provide guidance regarding future arterial and collector road connections in the eastern portion of the Rezoning 409-05 — Freedom Manor July 21, 2005 Page 5 County by identifying needed connections and locations. Plans for new development should provide for the right-of-ways necessary to implement planned road improvements and new roads shown on the road plan should be constructed by the developer when warranted by the scale, intensity, or impacts of the development. Existing roads should be improved as necessary by adjacent development to implement the intentions of the plan (Coin/)rehensNe Plan 7-6). The subject site has road frontage on Route 644, Papermill Road, and has indirect access to Route 522, Front Royal Pike via a proposed state road connection that would traverse the adjacent parcel, 64-A-23A. Route 644 is classified as a major collector road and Route 522 is classified as a minor arterial according to the VDOT functional classifications. The Southern Frederick Land Use Plan seeks to minimize additional entrances and intersection along Route 522 by identifying additional collector roads and locations for proposed traffic signals. As noted previously, the new road systems depicted on the plan have been, and others envisioned for this area should be, planned to mitigate impacts to environmental features and historic areas. Intermodal opportunities, including bicycle and pedestrian systems, are also encouraged as an objective of the Plan. 3) Site Suitability/Environment There are approximately .35 acres of wetlands present on the site. Any disturbance of this area will be in conformance with Army Corps of Engineers and Department of Environmental Quality permitting procedures. The initial rezoning request for this property provided for the preservation of this area within an extended area of open space beyond that which is provided by the road efficiency buffer. A similar approach would be desirable with this current request. No other environmental features exist on this property. 4) Potential Impacts Potential Impact Summary_ In evaluating the Freedom Manor rezoning application it should be recognized that the applicant circulated this application for review in 2004. The initial submission considered the development of 120 single family detached residential units on 48 acres. Many of the review agency comments were provided based upon this initial submission. Subsequently, the applicant revised the application to its current form. The evaluation of the review agencies offered previously would appear to remain valid. Staff directed the applicant to obtain an additional review and comment on the latest version from VDOT and the County's Attorney to ensure that any modifications from the initial submission were evaluated and appropriate comments and approval were provided. County records indicate that the applicant is currently the owner of parcels 64-A-19 and 64-A- 20 to the north of the subject parcel. These parcels were part of the initial submission for 120 residential lots. However, the applicant did not include them as part of this application. The Rezoning #09-05 — Freedom Manor July 21, 2005 Page 6 County's Master Development Plan process requires that Master Plans include all contiguous land under single or common ownership. The consideration of the adjacent parcels within the context of this and fixture applications is encouraged. This would ensure a more comprehensive approach to development within this portion of the County that suits the characteristics of the land, is harmonious with adjoining property, and is in the best interests of the general public. A. Transportation Traffic Impact Analysis. The Traffic Impact Analysis (TIA) prepared for this application projects that the development of 120 single family detached residential units would generate 1,200 vehicle trips per day. As previously mentioned, the number of units has been reduced to 70 units. The reduction in the number of units reduces the overall impact of the project to approximately 700 vehicle trips per day. However, the values in the TIA have been maintained to ensure that the impacts of this project are entirely addressed. The conclusions of the TIA remain valid for the application. The report was developed with primary access to the project to being via a primary access on Papermill Road (Route 644) and a secondary entrance on Front Royal Pike (Route 522). The TIA concludes that the traffic impacts associated with the Freedom Manor application are acceptable and manageable. The intersection of Papermill Road and the project will operate at a level of service B or better upon the build out of this project. Further, the intersection of the project and Route 522 will operate at a level of service A or better with the build out of the project. Transportation Program. The Generalized Development Plan for Freedom Manor delineates the general public road systems that will serve the residential development. The applicant has designed the public road system to discourage cut through traffic between Front Royal Pike and Papermill Road. A traffic calming measure is proposed to further facilitate this approach. The construction of the public road connection to Route 522 would traverse an adjoining property, PIN 64-A-23A, owned by Robin Leigh Casey. An agreement between the applicant and the owner of that parcel provides the opportunity for a road connection to be provided across the Casey property. This is a private agreement between the two parties. Robin Leigh Casey is not a party to this rezoning application. However, the applicant has provided the County with a guarantee in the form of a proffer that ensures that this road connection would be secured and constructed prior to the issuance of the first building permit within the Freedom Manor Subdivision. It should be understood that this would be a public road connection built to State standards. The responsibility of ensuring this connection is secured prior to the approval of any development plans for the property lies with the Freedom Manor applicant. Rezoning #09-05 — Freedom Manor July 21, 2005 Page 7 The importance of this proffer and the connection to Route 522 should be recognized as bode entrances to the project are needed to ensure that the existing portion of Papermill Road could be utilized with minimal improvements and without the need to obtain additional right-of-way from adjacent property owners. VDOT's approval of the project in its current form is based upon this premise. The Generalized Development Plan depicts that this comnection to Route 522 will be located at the southernmost portion of the Robin Casey Leigh property, PIN 64-A-23A. This provides additional benefits as the adjacent properties to the south would be provided with State road frontage and an alternative means of ingress and egress to their uses. An alternative alignment of this road was evaluated directly in alignment with Vine Lane but was discounted by the applicant. Any other alignment may create a situation where parcel 64-A-23A would ultimately be a nonconforming RA (Rural Area) lot in terms of lot size and dimensional requirements. The Fi-ederick County Subdivision Ordinance states that wherever possible, the intersection of hvo streets on the opposite sides of a street shall be cross intersections. Further, any neii, street intersecting r->>ith an cn'terial sif•eei shall have a minimum centerline offset of 800 feel from any other street intersecting that scene arterial street. The endorsement of this Rezoning and Generalized Development Plan ii,ould provide the County's endorsement of a neiv street connection on Route 522 that is approximately 400,feet south ofexisting Vine Lane. It should be evaluated if this modification to the requirements of the Subdivision is appropriate. The road layout has also been designed to provide for a fixture connection to the adjoining property to the north, PIN 64-A-19. Future development plans for the parcels to the north would be provided with interparcel connectivity to Freedom Manor. It should be pointed out that access to parcel to the north via Freedom Manor would not be immediately available. It would only be permitted upon the satisfaction of any transportation related improvements associated with the development of parcel 64-A-19 through the appropriate development plan approval process. The applicant could further guarantee this scenario by providing that the temporary cul- de-sac and road would not initially connect to parcel 64-A-19. Accommodations for the extension of the connection to the property line would then only occur if all transportation issues associated with the development of parcel 64-A-19 are fully addressed to the satisfaction of VDOT and Frederick County. Placing a proffer restriction on the property that is under consideration for rezoning would achieve this aim. The applicant has attempted to address the concern that was previously raised regarding access from parcel 64-A-19 to Westwood Drive. With the previous 2002 rezoning application, residents of Westwood Drive expressed a considerable amount of concern regarding any connection to Westwood Drive. This parcel is not part of this rezoning application. However, the applicant has provided a proffer that they, as owners of this adjacent parcel, will provide a deed restriction eliminating this road connection to Westwood Drive. The County's Attorney will be providing an opinion on the validity of this particular proffer. An alternative approach that was identified by staff was to include parcel 64-A-19 as part of this rezoning application. This would enable them to place a proffer on the property, which would guarantee the Rezoning #09-05 — Freedom Manor July 21, 2005 Page 8 elimination of the road connection, which would be legally binding and only removable with the approval of the County. The applicant did not pursue this approach. In recognition of off -site transportation improvements that are envisioned for Papermill Road in the vicinity of Freedom Manor, the applicant has proffered to make a monetary contribution in the amount of $7,500.00 per residential lot to facilitate these improvements. This contribution could be used for general improvements to Papermill Road which may include the realignment of the Papermill Road and Front Royal Pike intersection. The funds generated by this approach, LIP to $562,500.00, would be available to be used by Frederick County in conjunction with VDOT's revenue sharing program. The applicant has proffered to dedicate twenty (20) feet along the Papermill Road frontage of their property to further facilitate future improvements to Papermill Road. No additional right-of-way has been secured by this application to enable other off -site improvements to be constructed. The inability of the applicant to obtain right-of-way from adjacent property owners in the vicinity of Papermill Road has had an impact on the details and design of this rezoning application. Bicycle and pedestrian accommodations have been incorporated into the Freedom Manor project. The applicant has provided for the construction of a 10' wide multi use trail along their Papermill Road frontage and along their entire southern property line to provide connectivity with adjacent properties and uses. It would be desirable to ensure that the multi use trail is extended to Route 522, potentially along the proposed offsite portion of the road providing access to this project. hl this particular section, this could be achieved in a similar fashion to the recent construction of the Aylor Road multi use trail. The comments offered by Parks and Recreation pertaining to the trail have been satisfied by the applicant. B. Sewer and Water The Freedom Manor rezoning proposal is estimated to require approximately 19,250 gallons per day of water usage and approximately 15,750 gallons per day of wastewater. The Frederick County Sanitation Authority will serve the property and the wastewater flow from the site will go to the Opequon Wastewater Treatment Plant. The initial review of the Frederick County Sanitation Authority and the Frederick Winchester Service Authority offered no comment. Recent planning efforts have identified that evolving nutrient reduction regulations promulgated by Virginia's Bay Progrcrrn will have a significant impact on the permitted waste water capabilities of Frederick County. Both the Frederick Winchester Service Authority and the Frederick County Sanitation Authority are currently undertaking efforts to evaluate the regulations and, in conjunction with the UDA Stud)) Working Group, proactively plan to address this issue. Requests for land use modifrcalions should be evaluated very carefully in light of the evolving nutrient loading regulations. 0 • Rezoning #09-05 — Freedom Manor July 21, 2005 Page 9 C. Community Facilities The Frederick County Fiscal Impact Model is a tool that is used to identify the capital costs associated with various types of development proposals presented to the County. The projected costs to Fire and Rescue, Public Schools, Parks and Recreation, Library, Sheriff's Office and for the Administration Building are calculated and provided to the applicant for their consideration. The Fiscal Impact Model output for this project indicates a net fiscal impact in the amount of $9,845 per residential unit. This residential impact is consistent with either a seventy unit project or the originally evaluated one hundred and twenty unit project. In recognition of the impacts that may be realized by the community the applicant has proffered a contribution in the amount of $9,845 per residential unit. The comment provided by the Frederick County Public Schools should be carefully considered when evaluating the application. The initial evaluation anticipated that the proposed 120 single family homes will yield a total of 84 new students upon build -out. 70 residential units will yield a total of 49 new students upon build out; 28 elementary school students, 10 middle school students, and 12 high school students based upon the student generation factors utilized in the fiscal impact model. The school comment states that significant residential growth in Frederick County has resulted in the schools serving this area having student enrollments nearing or exceeding their practical capacity. The cumulative impact of this project and others of similar nature, coupled with the number of approved, undeveloped residential lots in the area, will necessitate the fixture construction of new school facilities to accommodate increased student enrollments. The impact of this rezoning on current and future school needs should be considered during the approval process. Recent planning efforts have identified that the 11'r' elernentaryschool anticipated to open in the fall of 2006 will open at its programmed capacity. This is based Ztpon the transfer of students currently enrolled in arect schools that exceed progrcnnmed capacities and the projected bitild out and occupancy ofpreWously approved residential projects in the UDA. The 11'r' elementary school is in the immediate vicinity of f'reedorn Manor. No additional elementary schools have been identified in the current Capital Improvements Plan for this general area of the UDA. D) Other The Freedom Manor application proposes and proffers a significant buffer adjacent to the Shenandoah Memorial Park property. The buffer would consist of a fifty foot area outside of the residential lots within which evergreen landscaping would be provided, the bicycle and pedestrian facility would meander, and a six foot high fence would be provided. The fence would resemble a traditional iron fence style for cemetery enclosures. This element of the rezoning application would provide for an appropriate transition between the two uses. Rezoning 409-05 — Freedom Manor July 21, 2005 Page 10 5) Proffer Statement — Dated May 18, 2004 (Revised nnul/ilVe limes through June 16, 2005). A) General Development Plan. The Applicant has proffered a Generalized Development Plan that depicts the general layout of the site. The purpose of providing such a generalized development plan is to provide the locality with assurances that the project will develop as portrayed, in substantial conformance with the Architectural Site Plan. The delineation of road systems serving the proposed development is a key component of the Generalized Development Plan. B) Transportation. The applicant has proffered the layout of the road systems serving the development, the locations of two connections to existing public streets, the commitment that all transportation improvements will be implemented prior to the issuance of the first building permit within the Freedom Manner project, dedication of a 20' wide strip of land along the Papermill Road frontage of their property, and an off -site road contribution of $7,500.00 per residential lot that may generate up to $562,500.00 for off -site improvements. Also proffered is the construction of a 10' wide multi use trail, constructed to the standards of the Parks and Recreation Department, along the Parkins Mill frontage of the property and the southern property line adjacent to the Shenandoah Memorial Park. C) Buffer Mitigation A 50' landscaped buffer containing a six foot high iron style fence has been proffered adjacent to the entire southern property line common with the Shenandoah Memorial Park. D) Monetary Contribution. A monetary contribution in the amount of $9,845.00 to Frederick County, to be provided at the time of building permit issuance, is proffered in an effort to mitigate the impacts associated with this development on community facilities. STAFF CONCLUSIONS FOR 07/06/05 PLANNING COMMISSION MEETING: The Freedom Manor rezoning application is generally consistent with the goals of the Frederick County Comprehensive Plan as described in the staff report. Elements of the rezoning application have been identified that should be carefully evaluated to ensure that they fully address specific components of the Comprehensive Plan, in particular the Southern Frederick Land Use Plan. In addition, the Planning Commission should ensure that the impacts associated with this rezoning request have been filly addressed by the applicant. The Planning Commission should pay particular attention to: 1. The capacities and capabilities of community facilities needed to serve the planned and proposed land uses. 2. The location and legal ability to establish a public street connection to Route 522. Confirmation of the issues identified in the staff report, and any issues raised by the Planning Commission, should be addressed prior to the decision of the Planning Commission. 0 • Rezoning #09-05 — Freedom Manor July 21, 2005 Page l I PLANNING COMMISSION SUMMARY AND ACTION OF THE 07/06/05 MEETING: A resident of Westwood Drive spoke in opposition to the rezoning because of the amount of traffic another development would add to this area, which was already experiencing considerable traffic congestion. She commented on the additional traffic that would be generated by the new schools and the increasing number of traffic accidents occurring on Rt. 522. Ms. Robin Casey, the property owner at 1210 Front Royal Pike, said the contract agreement between her and Mr. DeBrueller stipulates that i f the proposed right-of-way was to proceed through any existing structure, an agreement would be negotiated prior to its installation. Ms. Casey requested that the Commission delay the decision on this rezoning for 30 days, to allow time for Mr. DeBrueller and her to meet and come to an agreement. The applicant's representative agreed with Ms. Casey on her understanding of the agreement; however, he believed there was a significant window of time for the agreement to be worked out and he did not believe the rezoning would need to be delayed. He commented that the agreement is clear regarding costs and Ms. Casey was protected. Some of the Commissioners had reservations about the proposed location because it was across from the new school sites and along a bend on Papermill Road; they were concerned about further impacts to schools, to traffic, and to drainage; and they were concerned about the timing, in light of the UDA (Urban Development Area) Study currently taking place. Other Commissioners commented that this was a much improved plan over the one previously submitted; they liked the access on Papermill Road and were pleased to see the Westwood Drive access eliminated. By a majority vote, the Planning Commission recommended approval of the rezoning with the proffers as submitted by the applicant. YES (TO APPROVE): Watt, Unger, Morris, Light, DeI-Iaven, Kriz, Triplett, Wilmot NO: Straub, Gochenour, Thomas (Note: Commissioners Manuel and Ours were absent from the meeting.) AMENDMENT Action: PLANNING COMMISSION: July 6, 2005 - Recommended Approval BOARD OF SUPERVISORS: September 14, 2005 -11 APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #09-05 OF FREEDOM MANOR WHEREAS, Rezoning 409-05 of Freedom Manor, was submitted to rezone 26.87 acres from RA (Rural Areas) District to RP (Residential Performance) District for 70 single family detached homes. The property fr6nts on the east side of Papermill Road (Route 644), approximately 2,300 feet west-northwest of the intersection of Papermill Road (Route 644) and Front Royal Pike (Route 522), in the Shawnee Magisterial District, and is identified by Property Identification Number (PIN) 64-A-23. WHEREAS, the Planriing Commission held a public hearing on this rezoning on July 6, 2005; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on September 14, 2005; 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 26.87 acres from RA (Rural Areas) District to RP (Residential Performance) District for 70 single family detached homes, as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. PDRes 433-05 This ordinance shall be in effect on the date of adoption. Passed this 14th day of September, 2005 by the following recorded vote: Richard C. Shickle, Chairman Ave Barbara B. Van Osten Aye Gina A. Forrester Nay Gary Dove Aye Lynda J. Tyler Nay Bill M. Ewing Aye Gene Fisher Aye A COPY ATTEST John R. Riley, Jr. Frederick County Administrator PDRes #33-05 Greenway Engineering •May 28, 2004; Revised July 28, 2004 4eedom Manor Rezoning October 7, 2004; February 25, 2005 May 18, 2005; June 16, 2005 July 15, 2005 FREEDOM MANOR PROFFER STATEMENT REZONING: RZ# 09-05 Rural Areas (RA) District to Residential Performance (RP) District PROPERTY: 26.87-acres +/- (here -in after the "PROPERTY") Tax Parcel 64-((A))-23 RECORD OWNER: Steve A. DuBrueler et als APPLICANT: Steve A. DuBrueler et als (here -in after the "APPLICANTS") PROJECT NAME: FREEDOM MANOR ORIGINAL DATE May 28, 2004 OF PROFFERS: REVISION DATE: July 15, 2005 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 Applicants hereby proffer that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # 09-05 for the rezoning of 26.87±-acres from the Rural Areas (RA) District Residential Performance (RP) 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 these Applicants and their legal successors, heirs, or assigns. The subject property, identified as Freedom Manor, and more particularly described as the lands owned by Steve A. DuBrueler et als, being all of Tax Map Parcel 64-((A))-23. The property is shown by plat and survey dated January 9, 2002 and revised July 24, 2003, prepared by Mark D. Smith, L.S., of Greenway Engineering, entitled "Final Plat for Minor Rural Subdivision of the Land Standing in the Name of Doris F. Casey" and recorded as Instrument Number 030029417. File 43230/EAW • Greenway Engineering May 28, 2004; Revised July 28, 2004 rreedom Manor Rezoning October 7, 2004; February 25, 2005 May 18, 2005; June 16, 2005 July 15, 2005 A. Generalized Development Plan The Applicants hereby proffer to develop the Property in substantial conformity with the Generalized Development Plan prepared by Greenway Engineering and dated 4/20/05, a copy of which is attached. The Generalized Development Plan is intended to delineate the road systems that will serve the 70 single-family detached urban lots, the general location of road efficiency buffer, the Shenandoah Memorial Park buffer, and the bicycle and pedestrian trail facility. B. Residential Use Restriction 1. The Applicants hereby proffer that the Property shall be used for the development of Single -Family Detached Urban Residences only, and all other housing types otherwise permitted in the RP zoning district shall be prohibited. developed as single-family detached urban residential lots. 2. The Applicants hereby proffer to limit the total number of single-family detached dwelling units to 70 on the Property. C. Transportation 1. Site Access The Applicants hereby proffer to provide access to the Property through the construction of a primary entrance on Papermill Road (Route 644) and a secondary entrance on Front Royal Pike (Route 522). The Applicants shall be responsible for the construction of the internal road improvements and for the construction of all off -site improvements located on Tax Map Parcel 64-((A))- 23A. The internal road improvements and construction of all off -site improvements located on Tax Map Parcel 64-((A))-23A shall be constructed to base asphalt and open for public use prior to the issuance of the first building permit within the Freedom Manor Subdivision. Furthermore, the Applicants shall provide for a temporary cul-de-sac at the northern property boundary to allow for future inter -parcel connection to Tax Map parcel 64-A-19. The entrances, internal road system and temporary cul-de-sac described above are depicted on the proffered Generalized Development Plan exhibit for Freedom Manor. 2. Traffic Calming Measures and Route 522 Connection The Applicants hereby proffer to implement a curvilinear street design for the internal street system serving the 26.87-acre site to discourage cut through traffic between Front Royal Pike (Route 522 South) and Papermill Road (Route 644). File #3230/EAW 2 Greenway Engineering May 28, 2004; Revised July 28, 2004 tredom Manor Rezoning October 7, 2004; February 25, 2005 May 18, 2005; June 16, 2005 July 15, 2005 Furthermore, the Applicants hereby proffer to design a traffic choker for review and approval by VDOT, and then construct the traffic choker between the Front Royal Pike entrance and the residential lots that will be located on Tax Map Parcel 64-((A))-23A. Additionally, a right turn and taper lane will be designed and constructed to this entrance within the Front Royal Pike right-of-way that will be open for public use prior to the issuance of the first building permit within the Freedom Manor Subdivision. 3. Elimination of Westwood Drive Connection The Applicants hereby proffer that they will not make a road connection to Westwood Drive (Route 822). This guarantee will be achieved through a deed restriction upon the pertinent property, identified as Tax Map 64-((A))-19 and currently owned by the Applicants, a copy of which is attached. The Applicants will legally record this road connection restriction within 30 days of final rezoning approval and prior to any development activity on the Property to ensure that this restriction appears in the chain of title for Tax Map parcel 64-A-19. 4. Papermill Road Dedication The Applicants proffer a right-of-way dedication of twenty -feet in width along the entire Papermill Road frontage on the Property. 5. Offsite Road Contribution The Applicants hereby proffer to contribute seven thousand five hundred dollars ($7,500) per unit for offsite road improvements to Papermill Road, including the realignment of the Papermill Road and Front Royal Pike intersection and other associated Papermill Road improvements. The contribution will be paid to the Treasurer of Frederick County, Virginia for each residential lot that is platted. This monetary contribution is to be paid at the time of the building permit issuance for each residential lot. 6. Revenue Sharing All of the monies paid pursuant to above item 5, Papermill Road Improvements, together with the property value of land dedicated as public road right-of-way through above item 4, Papermill Road Dedication shall be eligible for inclusion in the Frederick County contribution to an applicable highway improvement revenue sharing project. File #3230/EAW 3 Greenway Engineering May 28, 2004; Revised July 28, 2004 Oreedorn Manor Rezoning October 7, 2004; February 25, 2005 May 18, 2005; June 16, 2005 July 15, 2005 D. Shenandoah Memorial Park Buffer The Applicants hereby proffer to provide a fifty -foot (50') buffer along the entire southern property line against the Shenandoah Memorial Park. The fifty -foot (50') buffer will not contain any portion of residential lots developed within the Property. A fence that is a minimum of six feet (6') in height, resembling a traditional iron fence style for cemetery enclosures will be constructed within the buffer along the shared Shenandoah Memorial Park property line. A bicycle and pedestrian trail facility will be constructed within a twenty -foot (20') non- exclusive easement, located adjacent to this fence. In the remaining thirty-foot (30') portion of the buffer, a single row of evergreen trees will be planted on ten - foot (10') centers. E. Papermill Road (Route 644) Road Efficiency Buffer Easement Within the required road efficiency buffer the applicants hereby proffer to provide a twenty -foot (20') non-exclusive easement for the development of a bicycle and. pedestrian facility within the established fifty -foot (50') road efficiency buffer along Papermill Road (Route 644). F. Bicycle and Pedestrian Facility The Applicants hereby proffer to construct a ten -foot (10') wide asphalt bicycle and pedestrian facility within the twenty -foot (20') non-exclusive easement as stated in Proffers D and E above. The maintenance of this facility shall initially be the responsibility of the homeowners' association, and will be available for dedication to the Frederick County Department of Parks and Recreation if requested in writing by Frederick County. G. Monetary Contribution to Offset Impact of Development The undersigned owners of the above -described property hereby voluntarily proffer that in the event rezoning application # 09-05 is approved, the undersigned will pay to the Treasurer of Frederick County, Virginia $9,845 for each residential lot that is platted. This monetary contribution is to be paid at the time of the building permit issuance for each residential lot. File #3230/EAW 4 Greenway Engineering May 28, 2004; Revised July 28, 2004 (0eedom Manor Rezoning October 7, 2004; February 25, 2005 May 18, 2005; June 16, 2005 July 15, 2005 H.) 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: By: Steve A. DuBrueler Date By. Q -)1 , (2- d - 7- Z S--a :5— Ray N. DuBrueler Date Madeline F. DuBrueler Date Commonwealth of Virginia, City/ Co g f i re&u-tC,�, To Wit: The foregoing instrument was acknowledged before me this -hday of r 2009 by sieve A' � ��+c;c'��r" , �y �1 Du By-uv-1er , r Notary Public My Commission Expires f'e�JG ixi re1 File #3230/EAW i FUTURE ACCESS ROAD T.M. 64-((A))-20 �o W PROFFER TO RESTRICT ACCESS Yp 8 0 TO WESTWOOD pRIVE gyp ' E5 W 4 WESTVVOOD DRIVE Z $� T.M. 64-((A) 19 •• '�1 < ..• s In VINE LANE a T.M.64-((A))-23 N W z Z o ROAD EFFICIENTCY BUFFER AND —j Wm_ Zw BICYCLE AND PEDESTRIAN FACILITY Q o TRAFFIC CHOKER W = SHENANDOAH MEMORIAL PARK x BUFFER AND BICYCLE AND Laurelwood Drive W 0 PEDESTRIAN FACILITY W z o CC Ng WN � 0 a �s wW w z a W c7 W W Z 3 a x rn Shenandoah MHP SGLE 1'=�OV oEsicrtEo sr. wrw�w ,oe w. mo 9 LT t OF 1 Tax Map ID: 64-((A)�19 Prepared by Sean A. Everhart, PLC and Return to: 158 Front Royal Pike, Suite 305C Winchester, Virginia 22602 DECLARATION OF RESTRICTIVE COVENANT THIS DECLARATION OF RESTRICTIVE COVENANT is made this 26a' day of September, 2005, by and among Steve A. DUBRUELER, Ray N. DUBRUELER, and Madeline F. DUBRUELER (hereinafter referred to as "Declarants"), the COUNTY OF FREDERICK, Virginia (hereinafter referred to as "County"), FIRST BANK, a Virginia Banking Corporation (hereinafter referred to as "Bank"), and Stephen G. BUTLER, TRUSTEE (hereinafter referred to as "Trustee"). WITNESSETH: WHEREAS, Declarants are the fee simple owners of certain real property lying and being situated two miles south of the City of Winchester, in Shawnee Magisterial District, Frederick County, Virginia, containing 2.2021 acres, more or less, and further identified as Tax Parcel No. 64- A-19 (the "Property"); WHEREAS, Declarants desire to impose a restrictive covenant on the Property regarding access to Route 822 (Westwood Drive); WHEREAS, Bank is the beneficiary of two Notes, each secured partially or wholly by the Property, and evidenced by two deeds of trust recorded as Instrument Numbers 020018297 (modified in Instrument 040024652) and 050005350 among the land records of Frederick County, Virginia, and Trustee being the trustee under aforesaid deeds of trust; NOW, THEREFORE, Declarants hereby impose on the Property the following restrictive covenant: At such time the Frederick County Board of Supervisors approves the Freedom Manor Proffer Statement and Generalized Development Plan to allow for an inter - parcel connection that will provide access to the Property: (1) there shall be no entrances from or across the Property from Route 822 (Westwood Drive) and (2) there shall be no access across the Property to Route 822 for the benefit of any other property and no other property shall have access across the Property to Route 822. This Restrictive Covenant shall run to the benefit of, and be enforceable by, the County. This Restrictive Covenant shall run with, and be appurtenant to, the Property, and shall be binding upon the Declarants, their heirs, personal representatives, successors, and assigns. The Bank and Trustee join. in the execution of this Declaration of Restrictive Covenant to evidence their consent and approval of the placement of the restrictive covenant on the Property. Page 1 of 5 0 0 WITNESS THE FOLLOWING SIGNATURE(S) AND SEAL(S): (SEAL) Steve A. DuBrueler (SEAL) Ray N. DuBrueler 0 ' a) (SEAL) Madeline F. DuBrueler COMMONWEALTH OF VIRGINIA COUNTY OF FREDERICK, to wit: The foregoing Declaration of Restrictive Covenant was acknowledged before me, a Notary Public in the aforementioned jurisdiction, by Steve A. DuBrueler, Ray N. DuBrueler, and Madeline F.. DuBrueler, this fir` day of Sept, 2005. Qc�lx✓ otary Public My Commission Expires: NOTARY Page 2of5 FIRST BANK, a Virginia Banking Corporation By: C� r���-�, ,� (SEAL) Earl W. Foreman, Vice President COMMONWEALTH OF VIRGINIA to wit: The foregoing Declaration of Restrictive Covenant was acknowledged before me, a Notary Public in the aforementioned jurisdiction by Earl W. Foreman, Vice President of First Bank, a Virginia Banking Corporation, this � day of September, 2005. Notary Public * *� a% NOTARY PUBLIC 5 My Commission Expires: o . !��COMMONWEALTH q �'��°�. OF VIROM T, Y Page 3 of 5 • J(SEAL) Stephen G. utler, Trustee: COMMONWEALTH OF VIRGINIA CITY OF WINCHESTER, to wit. The foregoing Declaration of Restrictive Covenant was ack.nowledged before me, it Notary Public in the aforementioned jurisdiction, by Stephen G. Butler; Trustee, this day of September, 2005. Notary Public My Con fission Expires: Page 4 of 5 i COUNTY OF FREDERICK, VIRGINIA By: (SEAL) Joh6A. Riley Jr., County dministrator COMMONWEALTH OF VIRGINIA CITY OF WINCHESTER, to wit: The foregoing Declaration of Restrictive Covenant was acknowledged before me, a Notary Public in the aforementioned jurisdiction, by John R. Riley Jr., County Administrator for the County of Frederick, Virginia, this day of &epteffAyer, 2005. -fakr My Commission Expires: Page 5 of 5 FUTURE A ,'ESS-ROAD ; $ $ s e T.M. 64-((A))-20 m a w' • 0\ ACCESS R AC �S I _I O f'i ER TO REST I I TO HOOD DRI,VL I o gr, GOD DR OT.M. 64-(((AA�),19 451 I VINE LANE 1 T.M. 64-((A))-23�� I r` W it 0 ROAD EFFICIENTCY BUFFER AND — W ca Q BICYCLE AND PEDESTRIAN FACILITY \_ � ww TRAFFIC CHOKER uJ X 2 uV �-SHENANDOAI, I:MORIAL PAR,, W BUFFER AND Bl LE AND Laurelwood Drive, ) PEDESTRIAN FACIL.; N Q W Ln J d W ° _- LLw W Z (.9 W a w m OATE'. a1W0 SCALE: 1- Shenandoah _ MHP/ DESIGNEDBY MWaAW JOB NO. 32M SHEET 1 01 1 FUTUk..-CESS ROAD T.M. 64-((A))-20 -- \ OFFER TO RE CTAO I- \.p I O � CESS i I O Tt- - STWOOD DRI 0 T.M. 64-((A) 19 ,pow" `.'INE I ANE � 1 I T.M. 64-((A))-23,_ � ROAD EFFICIENTCY BUFFER AND BIC7'CLE AND PEDESTRIAN FACILITY TRAFFIC CHOKER � SHENANDOAH P.IEMORIAL PA. BUFFER AND EI.";YCLE AND Laurelwood Drive PEDESTRIAN FAL,_!TY Shenandoah MHP cm 3 F— > Z w z 7 0- o O Y J F 010, w m Z w Q o >_ �w LLJ IMw22� U N Q W J d w LL w w Z w C9 �„ on1E: ,ands seas r eoa MSKnEosv_ try W we rvo. uaa snFFr t oc t — FUTURE ACCESS ROAD T.M. 64-((A))-20 T.M. 64-(1 ROAD EFFICIENTCY BUFFER AND — BICYCLE AND PEDESTRIAN FACILITY 19 SHENANDOAH MEMORIAL PARK BUFFER AND BICYCLE AND PEDESTRIAN FACILITY ---TRAFFIC CHOKER i Laurelwood Drive Shenandoah MHP z 0 w cr c z 0 Of H Z } W E z D o ♦2 O� U Y p� Wm ao W = �W°0� Z W NJ p Wo —J 4. W W U. w Z W Q uj C7 w w z a DATE. 4120105 SCALE: 1"=400' DESIGNED BY HIJWiEAW JOB NO 3230 SHEET 1 OF I OUTPUT MODULE APPLICANT: Freedom Manor LAND USE TYPE RP REAL EST VAL $9,177,000 FIRE & RESCUE = 6 Fire and Rescue Department Elementary Schools Middle Schools High Schools Parks and Recreation Public Library Sheriffs Offices Administration Building Other Miscellaneous Facilities SUBTOTAL LESS: NET FISCAL IMPACT NET CAP. FACILITIES IMPACT Net Fiscal Impact Costs of Impact Credit: Required (entered in Capital Faciltiies col sum only) $45,095 $300,138 $176,554 $258, 828 $107,450 $18,680 $11,056 $14,188 $18,101 $950,090 $0 Credits to be Taken for Future Taxes Paid (NPV) Total Potential Adjustment For Cur. Budget Cur. Budget Cap. Future CIP/ Tax Credits Revenue- Net Capital Net Cost Per Oper Cap Equip Expend/Debt S. Taxes, Other (Unadiusted) Cost Balance Facilities Impact Dwelling Unit $0 $0 $45,095 $644 $49,109 $238,393 $287,502 $205,545 $529,975 $7,571 $24,216 $24,216 $17,313 $90,137 $1,288 $5,224 $5,224 $3,735 $14,945 $213 $9,059 $0 $2,258 $11,317 $8,091 $2,965 $42 $0 $0 $0 $14,188 $203 $17,455 $19,272 $36,727 $26,257 $0 $0 $75,623 $257,665 $31,698 $364,985 $260,941 $689,148 $9,845 $0 $0 s0 SO $689,148 $9,845 INDEX: "1.0" If Cap. Equip Included 1.0 INDEX: "1.0" if Rev -Cost Bal, "0.0" if Ratio to Co Avg: 0.0 Rev -Cost Bal = 0.533 PLANNING DEPT PREFERENCES 1.0 1.0 Ratio to Cc Avg 0.715 ------------------------------------------------ METHODOLOGY: 1. ------------------------------------------------------------------------------------------------------------------------------------------------- --------------------- Capital facilities requirements are input to the first column as calculated in the model. 2. Net Fiscal Impact NPV from operations calculations is input in row total of second column (zero if negative); included are the one-time taxes/fees for one year only at full value. 3. NPV of future oper cap equip taxes paid in third column as calculated in fiscal impacts. 4. NPV of future capital expenditure taxes paid in fourth col as calculated in fiscal impacts. 5. NPV of future taxes paid to bring current county up to standard for new facilities, as calculated for each new facility. 6. Columns three through five are added as potential credits against the calculated capital facilities requirements. These are adjusted for percent of costs covered by the revenues from the project (actual, or as ratio to avg. for all residential development). NOTE: Proffer calculations do not include include interest because they are cash payments up front. Credits do include interest if the projects are debt financed. NOTES: Model Run Date 05/20/05 MTR Project Description: Assumes 70 single family detached dwelling units on 26.87 acres zoned RP District (PIN 64-A-23). Due to changing conditions associated with development in the County, the results of this Output Module may not be valid beyond a period of 90 days from the model run date. i El OUTPUT MODULE APPLICANT: Casey - Swishe LAND USE TYPE RP REAL EST VAL $15,732,000 FIRE & RESCUE = 6 Fire and Rescue Department Elementary Schools Middle Schools High Schools Parks and Recreation Public Library Sheriff's Offices Administration Building Other Miscellaneous Facilities SUBTOTAL LESS: NET FISCAL IMPACT NET CAP. FACILITIES IMPACT Net Fiscal Impact Costs of Impact Credit: Required (entered in Capital Faciltiies col sum only) $77,305 $514,522 $302,665 $443,705 $184,200 $32,023 $18,953 $24, 322 $31,030 $1,628,725 $0 Credits to be Taken for Future Taxes Paid (NPV) Total Potential Adjustment For Cur. Budget Cur. Budget Cap. Future CIP/ Tax Credits Revenue- Net Capital Net Cost Per Oper Cap Equip Expend/Debt S. Taxes, Other (Unadjusted) Cost Balance Facilities Impact Dwelling Unit $0 $0 $77,305 $644 $84,187 $408,674 $492,860 $352,364 $908,528 $7,571 $41,513 $41,513 $29,679 $154,521 $1,288 $8,956 $8,956 $6,403 $25,620 $213 $15,529 $0 $3,871 $19,400 $13,870 $5,083 $42 $0 $0 $0 $24,322 $203 $29,923 $33,037 $62,961 $45,013 $0 $0 $129,639 $441,711 $54,340 $625,689 $447,328 $1,181,397 $9,845 $0 $0 $0 s0 $1,181,397 $9,845 INDEX: "1.0" If Cap. Equip Included 1.0 INDEX: "1.0" if Rev -Cost Bal, "0.0" if Ratio to Co Avg: 0.0 Rev -Cost Bal = PLANNING DEPT PREFERENCES 1.0 1.0 Ratio to Co Avg ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- ------ METHODOLOGY: 1. Capital facilities requirements are input to the first column as calculated in the model. 2. Net Fiscal Impact NPV from operations calculations is input in row total of second column (zero if negative); included are the one-time taxes/fees for one year only at full value. 3. NPV of future oper cap equip taxes paid in third column as calculated in fiscal impacts. 4. NPV of future capital expenditure taxes paid in fourth col as calculated in fiscal impacts. 5. NPV of future taxes paid to bring current county up to standard for new facilities, as calculated for each new facility. 6. Columns three through five are added as potential credits against the calculated capital facilities requirements. These are adjusted for percent of costs covered by the revenues from the project (actual, or as ratio to avg. for all residential development). NOTE: Proffer calculations do not include include interest because they are cash payments up front. Credits do include interest if the projects are debt financed. NOTES: Model Run Date 04/19/04 CMM Project Description: Assumes 120 single family detached dwelling units on 47.54 acres zoned RP District (PINS 64-A-19, 64-A-20, 64-A-23). Due to changing conditions associated with development in the County, the results of this Output Module may not be valid beyond a period of 90 days from the model run date. 0.533 0.715 i 0 ROAD EFFICIENTCY BUFFER AND — BICYCLE AND PEDESTRIAN FACILITY U PROFF�R TO RESTRICT ACCESS TO WESTWOOD DRIVE W --- VI/ESTWOOD DRIVE T.M. 64-((A) 1971 _ Z m VINE LANE -. T.M.64-((A))-23_ — __Ul SHENANDOAH MEMORIAL PARK BUFFER AND BICYCLE AND PEDESTRIAN FACILITY TRAFFIC CHOKER Laurelwood Drive If- Shenandoah MHP z ac W W = N Z3 S Z N N q c m 0 cp 3 r > 'I Z N W � 206 W z n n r c m - v T W J VJ s z a H � Z W Z O a Y U W m Z � Llj W = CK OX Wu- u WZ p� NJ Wo -J a W Q IL w W i Z W Q C7 uj w w z a DATE. 4i2W05 SCALE1'=400' DESIGNED BY HNWiEAW JOB NO. 3230 SHEET i Of SEP-12-05 0 9 : 5 0 FROM- T-331 P.02/06 F-767 Tax Map ID, 64-((A)Y19 Prepared by Sean A. Everhart, PLC and Return to: 158 Front Royal Pike, Suite 3051; Winchester, Virginia 22602 DECLARATION OF RESTRICTIVE COVENANT THIS DECLARATION OF RESTRICTIVE COVENANT,. is made this day of 2005, by and among Steve A. DUIBRUELER Ray N_ DUBRUELEK and Madeline F_ DUBRUELER (hereinafter referred to as "Declarants"), the County of Frederick, Virginia (hereinafter referred to as "County"), FIRST BANK, a Virginia Banking Corporation (hereinafter referred to as "Bank"), and Stephen G. BUTLER, TRUSTEE (hereinafter referred to as "Trustee"). WITNESSETH: WHEREAS, Declarants are the fee simple owners of certain real property lying and being situated two miles south of the City of Winchester, in Shawnee Magisterial District, Frederick County, Virginia, containing 2.2021 acres,, snore or less, and funher identified as Tax Parcel No. 64- A- k 9 (the "Property"); WHEREAS, Declarants desire to impose a restrictive covenant on the Property rep, arding access to Route 822 (Westwood Drive); WHEREAS, Bank is the beneficiary oftwo Motes, each secured partially or wholly by the Property, and evidenced by two deeds of trust recorded as Instrument Numbers 020018297 (modified in Instrument W024652) and 050005350 among the land records of Frederick County, Virginia, and Trustee being the trust= under aforesaid deeds of trust; . E NOW, THEREFORE, Declarants hereby impose on the Property �:he following restrictive ra covenant, At such time when a public road is dedicated which prof Wes other access to the Property: (1) there shall be no entrance from or access to the Property from Route 822 (Westwood Drive) and (2) there shall be no access across the Property to Route 822 for the benefit of any other property and no other property shall have access across the Property to Route M. This Restrictive Covenant shall run to the benefit of; and be enforceable by, the County v This Restrictive Covenant shall run with, and be appurtenant to, the Property, and shall be binding upon the Declarants, their heirs, personal representatives, successors, and assigns. The Batik and the Trustee Join in the execution of this Declaration of Restrictive Covenant to evidence their consent and approval of the placement of the restrictive covenant on the Property. Page 1 of 5 SEP-12-06 09:50 FROM- T-331 P.03/06 F-767 WITNESS THE FOLLOWING SIGNATURE(S) AND SEAL(S)' (SEAL) Steve A. DuBrueler (SEAL.,) Ray N. DuBrueler (SEAL) Madeline P. DuBrueler COMMONWEALTH OF VIRGINC_A COUNTY OF FREDERICK, to wit_ The foregoing Declaration ofRestrictive Covenant was acknowledged before me, s Notary Public in the aforementioned jurisdiction, by Steve A. DuRrueler, Ray N. DuBrueler, and Madeline F. DuBrueler, this day of September, 2005. Notary Public My Commission Expires_ Page 2 of 5 SEP-12-05 09:50 FROM- T-331 P.04/06 F-767 Mot MRST BANK, a Virginia Banking Corporation Earl W. Foreman, Vice Pre�iident COM-N40NWEALTH OF VIR.GINIA COUNTY OF FREDERICK, to wit: (SEAT.) The foregoing Declaration ofRestrictive Covenant was acknowledged before me, a Notary Public in the aforementioned jurisdiction, by Earl'W. Foreman, Vice President of First Bank, a Virginia Banking Corporation, this day of September, :ZOOS, Notary'Public My Commission Expires: Page 3 of 5 SEP-12-05 09:50 FROM- T-331 P.05/06 F-767 (SEAL) Stephen G. Butler, Trustee COMMONWEALTH OF V]RGINIA CITY OF WINCHESTER, to wit: The foregoing Declaration of Restrictive Covenant was acknowledged before me, a Notary Public in the aforementioned jurisdiction, by Stephen G. Butler„ Trustee, this _ day of September, 2005. Notary Public My Commission Expires: Page 4 of 5 SEP-12-05 0 9 : 5 0 FROM- T-331 P.06/06 F-767 COUNTY OF FREDjERIC'E, VIRGlNIA LE COMMONWEALTH OF V.IRGINIA CITY Of WINCHESTER, to wit: (SEAL.) The foregoing Declaration of Restrictive Covenant was acknowledged before me, a Notary Public in the aforementioned jurisdiction, by , this _ day of September, 2005. Notary Public My Commission Expires: Page 5 of 5 � ■ SEP-12-05 09:50 ■ ■ T-331 P 01/06 F-767 ■� DuBtueler E*Pfises 158 Front Royal Pare, 305 Winchester, vP 22602 To: Mike Ruddy From: Steve DuBrueler Re: Paperwork CC: Fax: 540-665-6395 Date: 9/12/2005 Pages: 6 (including cover page) ❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle . . . . . . . . . . . . . . . . . . . Greenway Engineering. May 28, 2004; Revised July 28, 200410 Freedom Manor Rezoning October 7, 2004; February 25, 2005 May 18, 2005; June 16, 2005 July 15, 2005 FREEDOM MANOR PROFFER STATEMENT REZONING: RZ# 09-05 Rural Areas (RA) District to Residential Performance (RP) District PROPERTY: 26.87-acres +/- (here -in after the "PROPERTY") Tax Parcel 64-((A))-23 RECORD OWNER: Steve A. DuBrueler et als '.t�f '� k 71 APPLICANT: Steve A. DuBrueler et als (here -in after the "APPLICANTS") PROJECT NAME: FREEDOM MANOR ORIGINAL DATE May 28, 2004 OF PROFFERS: REVISION DATE: July 15, 2005 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 Applicants hereby proffer that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # 09-05 for the rezoning of 26.87±-acres from the Rural Areas (RA) District Residential Performance (RP) 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 these Applicants and their legal successors, heirs, or assigns. The subject property, identified as Freedom Manor, and more particularly described as the lands owned by Steve A. DuBrueler et als, being all of Tax Map Parcel 64-((A))-23. The property is shown by plat and survey dated January 9, 2002 and revised July 24, 2003, prepared by Mark D. Smith, L.S., of Greenway Engineering, entitled "Final Plat for Minor Rural Subdivision of the Land Standing in the Name of Doris F. Casey" and recorded as Instrument Number 030029417. File #3230/EAW Greenway Engineering• May 28, 2004; Revised July 28, 20040 Freedom Manor Rezoning October 7, 2004; February 25, 2005 May 18, 2005; June 16, 2005 July 15, 2005 A. Generalized Development Plan The Applicants hereby proffer to develop the Property in substantial conformity with the Generalized Development Plan prepared by Greenway Engineering and dated 4/20/05, a copy of which is attached. The Generalized Development Plan is intended to delineate the road systems that will serve the 70 single-family detached urban lots, the general location of road efficiency buffer, the Shenandoah Memorial Park buffer, and the bicycle and pedestrian trail facility. B. Residential Use Restriction 1. The Applicants hereby proffer that the Property shall be used for the development of Single-Fainily Detached Urban Residences only, and all other housing types otherwise permitted in the RP zoning district shall be prohibited. developed as single-family detached urban residential lots. 2. The Applicants hereby proffer to limit the total number of single-family detached dwelling units to 70 on the Property. C. Transportation 1. Site Access The Applicants hereby proffer to provide access to the Property through the construction of a primary entrance on Papermill Road (Route 644) and a secondary entrance on Front Royal Pike (Route 522). The Applicants shall be responsible for the construction of the internal road improvements and for the construction of all off -site improvements located on Tax Map Parcel 64-((A))- 23A. The internal road improvements and construction of all off -site improvements located on Tax Map Parcel 64-((A))-23A shall be constructed to base asphalt and open for public use prior to the issuance of the first building permit within the Freedom Manor Subdivision. Furthermore, the Applicants shall provide for a temporary cul-de-sac at the northern property boundary to allow for future inter -parcel connection to Tax Map parcel 64-A-19. The entrances, internal road system and temporary cul-de-sac described above are depicted on the proffered Generalized Development Plan exhibit for Freedom Manor. 2. Traffic Calming Measures and Route 522 Connection The Applicants hereby proffer to implement a curvilinear street design for the internal street system serving the 26.87-acre site to discourage cut through traffic between Front Royal Pike (Route 522 South) and Papennill Road (Route 644). File #3230/EAW 2 Greenway Engineering May 28, 2004; Revised July 28, 20040 Freedom Manor Rezoning October 7, 2004; February 25, 2005 May 18, 2005; June 16, 2005 July 15, 2005 Furthermore, the Applicants hereby proffer to design a traffic choker for review and approval by VDOT, and then construct the traffic choker between the Front Royal Pike entrance and the residential lots that will be located on Tax Map Parcel 64-((A))-23A. Additionally, a right turn and taper lane will be designed and constructed to this entrance within the Front Royal Pike right-of-way that will be open for public use prior to the issuance of the first building permit within the Freedom Manor Subdivision. 3. Elimination of Westwood Drive Connection The Applicants hereby proffer that they will not make a road connection to Westwood Drive (Route 822). This guarantee will be achieved through a deed restriction upon the pertinent property, identified as Tax Map 64-((A))-19 and currently owned by the Applicants, a copy of which is attached. The Applicants will legally record this road connection restriction within 30 days of final rezoning approval and prior to any development activity on the Property to ensure that this restriction appears in the chain of title for Tax Map parcel 64-A-19. 4. Papermill Road Dedication The Applicants proffer a right-of-way dedication of twenty -feet in width along the entire Papermill Road frontage on the Property. 5. Offsite Road Contribution The Applicants hereby proffer to contribute seven thousand five hundred dollars ($7,500) per unit for offsite road improvements to Papermill Road, including the realignment of the Papermill Road and Front Royal Pike intersection and other associated Papermill Road improvements. The contribution will be paid to the Treasurer of Frederick County, Virginia for each residential lot that is platted. This monetary contribution is to be paid at the time of the building permit issuance for each residential lot. 6. Revenue Sharing All of the monies paid pursuant to above item 5, Papermill Road Improvements, together with the property value of land dedicated as public road right-of-way through above item 4, Papennill Road Dedication shall be eligible for inclusion in the Frederick County contribution to an applicable highway improvement revenue sharing project. File #3230/EAW 3 Greenway Engineering• May 28, 2004; Revised July 28, 20040 Freedom Manor Rezoning October 7, 2004; February 25, 2005 May 18, 2005; June 16, 2005 July 15, 2005 D. Shenandoah Memorial Park Buffer The Applicants hereby proffer to provide a fifty -foot (50') buffer along the entire southern property line against the Shenandoah Memorial Park. The fifty -foot (50') buffer will not contain any portion of residential lots developed within the Property. A fence that is a minimum of six feet (6') in height, resembling a traditional iron fence style for cemetery enclosures will be constructed within the buffer along the shared Shenandoah Memorial Park property line. A bicycle and pedestrian trail facility will be constructed within a twenty -foot (20') non- exclusive easement, located adjacent to this fence. In the remaining thirty-foot (30') portion of the buffer, a single row of evergreen trees will be planted on ten - foot (10') centers. E. Papermill Road (Route 644) Road Efficiency Buffer Easement Within the required road efficiency buffer the applicants hereby proffer to provide a twenty -foot (20') non-exclusive easement for the development of a bicycle and. pedestrian facility within the established fifty -foot (50') road efficiency buffer along Papermill Road (Route 644). F. Bicycle and Pedestrian Facility The Applicants hereby proffer to construct a ten -foot (10') wide asphalt bicycle and pedestrian facility within the twenty -foot (20') non-exclusive easement as stated in Proffers D and E above. The maintenance of this facility shall initially be the responsibility of the homeowners' association, and will be available for dedication to the Frederick County Department of Parks and Recreation if requested in writing by Frederick County. G. Monetary Contribution to Offset Impact of Development The undersigned owners of the above -described property hereby voluntarily proffer that in the event rezoning application # 09-05 is approved, the undersigned will pay to the Treasurer of Frederick County, Virginia $9,845 for each residential lot that is platted. This monetary contribution is to be paid at the time of the building permit issuance for each residential lot. File #3230/EAW Greenway Engineering May 28, 2004; Revised July 28, 20040 Freedom Manor Rezoning October 7, 2004; February 25, 2005 May 18, 2005; June 16, 2005 July 15, 2005 H.) 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: By: Steve A. DuBrueler Date By: Ray N. DuBrueler Date By: ✓1�v ��. t% zit. �� r `7- D. 5 Madeline F. DuBrueler Date Commonwealth of Virginia, City/ Couni-',' f ireC(E'1Cd To Wit: The foregoing instrument was acknowledged before me this 'Z51hday of r 2009 by S-1-eveDu ijrUvlerH, lwri Mo e.jlne, i - Dogi ue(er ID67L,14� Notary Public My Commission Expires h? 6't l r'c.i 2A , Z M6 File #3230/EAW Greenway Engineering* May 28, 2004; Revised July 28, 2004• Freedom Manor Rezoning October 7, 2004; February 25, 2005 May 18, 2005; June 16, 2005 July 15, 2005 FREEDOM MANOR PROFFER STATEMENT REZONING: RZ# 09-05 Rural Areas (RA) District to Residential Performance (RP) District PROPERTY: 26.87-acres +/- (here -in after the "PROPERTY') Tax Parcel 64-((A))-23 RECORD OWNER: Steve A. DuBrueler et als APPLICANT: Steve A. DuBrueler et als (here -in after the "APPLICANTS') PROJECT NAME: FREEDOM MANOR ORIGINAL DATE May 28, 2004 OF PROFFERS: REVISION DATE: june 16, 200- July 15, 2005 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 Applicants hereby proffer that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # 09-05 for the rezoning of 26.87f-acres from the Rural Areas (RA) District Residential Performance (RP) 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 these Applicants and their legal successors, heirs, or assigns. The subject property, identified as Freedom Manor, and more particularly described as the lands owned by Steve A. DuBrueler et als, being all of Tax Map Parcel 64-((A))-23. The property is shown by plat and survey dated January 9, 2002 and revised July 24, 2003, prepared by Mark D. Smith, L.S., of Greenway Engineering, entitled "Final Plat for Minor Rural Subdivision of the Land Standing in the Name of Doris F. Casey" and recorded as Instrument Number 030029417. File #3230/EAW Greenway Engineering May 28, 2004; Revised July 28, 2004• Freedom Manor Rezoning October 7, 2004; February 25, 2005 May 18, 2005; June 16, 2005 July 15, 2005 A. Generalized Development Plan The Applicants hereby proffer to develop the Property in substantial conformity with the Generalized Development Plan prepared by Greenway Engineering and dated 4120105, a copy of which is attached. The Generalized Development Plan is intended to delineate the road systems that will serve the 70 single-family detached urban lots, the general location of road efficiency buffer, the Shenandoah Memorial Park buffer, and the bicycle and pedestrian trail facility. B. Residential Use Restriction 1. The Applicants hereby proffer that the Property shall be used for the development of Single -Family Detached Urban Residences only, and all other housing types otherwise permitted in the RP zoning district shall be prohibited. developed as single-family detached urban residential lots. 2. The Applicants hereby proffer to limit the total number of single-family detached dwelling units to 70 on the Property. C. Transportation 1. Site Access The Applicants hereby proffer to provide access to the Property through the construction of a primary entrance on Papermill Road (Route 644) and a secondary entrance on Front Royal Pike (Route 522). The Applicants shall be responsible for the construction of the internal road improvements and for the construction of all off -site improvements located on Tax Map Parcel 64-((A))- 23A. The internal road improvements and construction of all off -site improvements located on Tax Map Parcel 64-((A))-23A shall be constructed to base asphalt and open for public use prior to the issuance of the first building permit within the Freedom Manor Subdivision. Furthermore, the Applicants shall provide for a temporary cul-de-sac at the northern property boundary to allow for future inter -parcel connection to Tax Map parcel 64-A-19. The entrances, internal road system and temporary cul-de-sac described above are depicted on the proffered Generalized Development Plan exhibit for Freedom Manor. 2. Traffic Calming Measures and Route 522 Connection The Applicants hereby proffer to implement a curvilinear street design for the internal street system serving the 26.87-acre site to discourage cut through traffic between Front Royal Pike (Route 522 South) and Papermill Road (Route 644). File #3230/EAW 2 Greenway Engineerin. May 28, 2004; Revised July 28, 2004• Freedom Manor Rezoning October 7, 2004; February 25, 2005 May 18, 2005; June 16, 2005 July 1 S, 2005 Furthermore, the Applicants hereby proffer to design a traffic chocker for review and approval by VDOT, and then construct the traffic choker between the Front Royal Pike entrance and the residential lots that will be located on Tax Map Parcel 64-((A))-23A. Additionally, a right turn and taper lane will be designed and constructed to this entrance within the Front Royal Pike right-of- way that will be open for public use prior to the issuance of the first building permit within the Freedom Manor Subdivision. 3. Elimination of Westwood Drive Connection The Applicants hereby proffer that they will not make a road connection to Westwood Drive (Route 822). This guarantee will be achieved through a deed restriction upon the pertinent property, identified as Tax Map 64-((A))-19 and currently owned by the Applicants, a copy of which is attached. The Applicants will legally record this road connection restriction within 30 days of final rezoning approval and prior to any development activity on the Property to ensure that this restriction appears in the chain of title for Tax Map parcel 64-A- 19. 4. Papermill Road Dedication The Applicants proffer a right-of-way dedication of twenty -feet in width along the entire Papermill Road frontage on the Property. 5. Offsite Road Contribution The Applicants hereby proffer to contribute seven thousand five hundred dollars ($7,500) per unit for offsite road improvements to Papermill Road, including the realignment of the Papermill Road and Front Royal Pike intersection and other associated Papermill Road improvements. The contribution will be paid to the Treasurer of Frederick County, Virginia for each residential lot that is platted. This monetary contribution is to be paid at the time of the building permit issuance for each residential lot. 6. Revenue Sharing All of the monies paid pursuant to above item 5, Papermill Road Improvements, together with the property value of land dedicated as public road right-of-way through above item 4, Papermill Road Dedication shall be eligible for inclusion in the Frederick County contribution to an applicable highway improvement revenue sharing project. File #3230/EAW Greenway Engineering* May 28, 2004; Revised July 28, 2004• Freedom Manor Rezoning October 7, 2004; February 25, 2005 May 18, 2005; June 16, 2005 July 15, 2005 D. Shenandoah Memorial Park Buffer The Applicants hereby proffer to provide a fifty -foot (50') buffer along the entire southern property line against the Shenandoah Memorial Park. The fifty -foot (50') buffer will not contain any portion of residential lots developed within the Property. A fence that is a minimum of six feet (6') in height, resembling a traditional iron fence style for cemetery enclosures will be constructed within the buffer along the shared Shenandoah Memorial Park property line. A bicycle and pedestrian trail facility will be constructed within a twenty -foot (20') non- exclusive easement, located adjacent to this fence. In the remaining thirty-foot (30') portion of the buffer, a single row of evergreen trees will be planted on ten - foot (10') centers. E. Papermill Road (Route 644) Road Efficiency Buffer Easement Within the required road efficiency buffer the applicants hereby proffer to provide a twenty -foot (20') non-exclusive easement for the development of a bicycle and pedestrian facility within the established fifty -foot (50') road efficiency buffer along Papermill Road (Route 644). F. Bicycle and Pedestrian Facility The Applicants hereby proffer to construct a ten -foot (10') wide asphalt bicycle and pedestrian facility within the twenty -foot (20') non-exclusive easement as stated in Proffers D and E above. The maintenance of this facility shall initially be the responsibility of the homeowners' association, and will be available for dedication to the Frederick County Department of Parks and Recreation if requested in writing by Frederick County. G. Monetary Contribution to Offset Impact of Development The undersigned owners of the above -described property hereby voluntarily proffer that in the event rezoning application # 09-05 is approved, the undersigned will pay to the Treasurer of Frederick County, Virginia $9,845 for each residential lot that is platted. This monetary contribution is to be paid at the time of the building permit issuance for each residential lot. File #3230/EAW 4 Greenway Engineering* May 28, 2004; Revised July 28, 200A Freedom Manor Rezoning October 7, 2004; February 25, 2005 May 18, 2005; June 16, 2005 July 15, 2005 H.) 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: By: IN Steve A. DuBrueler Ray N. DuBrueler Madeline F. DuBrueler Commonwealth of Virginia, City/County of To Wit: The foregoing instrument was acknowledged before me this day of 20 by My Commission Expires Date Date Date Notary Public File 83230/EAW 5 Greenway Engineering • May 28, 2004; Revised July 28, 2004 • Freedom Manor Rezoning October 7, 2004; February 25, 2005 May 18, 2005; June 16, 2005 FREEDOM MANOR PROFFER STATEMENT REZONING: RZ# Rural Areas (RA) District to Residential Performance (RP) District PROPERTY: 26.87-acres +/- Tax Parcel 64-((A))-23 RECORD OWNER: Steve A. DuBrueler et als APPLICANT: Steve A. DuBrueler et als (here -in after "the applicant") PROJECT NAME: FREEDOM MANOR ORIGINAL DATE May 28, 2004 OF PROFFERS: REVISION DATE: June 16, 2005 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 applicants hereby proffer that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # © y"OS for the rezoning of 26.87-acres from the Rural Areas (RA) District Residential Performance (RP) 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 these applicants and their legal successors, heirs, or assigns. The subject property, identified as Freedom Manor, and more particularly described as the lands owned by Steve A. DuBrueler et als, being all of Tax Map Parcel 64-((A))-23. The property is shown by plat and survey dated January 9, 2002 and revised July 24, 2003, prepared by Mark D. Smith, L.S., of Greenway Engineering, entitled "Final Plat for Minor Rural Subdivision of the Land Standing in the Name of Doris F. Casey" and recorded as instrument number 030029417. File #3230/EAW Greenway Engineering • May 28, 2004; Revised July 28, 2004 • Freedom Manor Rezoning October 7, 2004; February 25, 2005 May 18, 2005; June 16, 2005 A. Generalized Development Plan The applicants hereby proffer to develop the 26.87-acre property in substantial conformance with a Generalized Development Plan approved as part of the rezoning application. The Generalized Development Plan is intended to delineate the road systems that will serve the 70 single-family detached urban lots, the general location of road efficiency buffer, the Shenandoah Memorial Park buffer, and the bicycle and pedestrian trail facility. B. Residential Use Restriction 1. The applicants hereby proffer that the 26.87-acre property shall be developed as single-family detached urban residential lots. All other housing types allowed in Section 165-65 are hereby prohibited. 2. The applicants hereby proffer to limit the total number of single-family detached urban lots to 70. C. Transportation 1. Site Access The applicants hereby proffer to provide access to the 26.87-acre site through the construction of a primary entrance on Papermill Road (Route 644) and a secondary entrance on Front Royal Pike (Route 522). The applicants shall be responsible for the construction of the internal road improvements and for the construction of all off -site improvements located on Tax Map Parcel 64-((A))- 23A. The internal road improvements and construction of all off -site improvements located on Tax Map Parcel 64-((A))-23A shall be constructed to base asphalt and open for public use prior to the issuance of the first building permit within the Freedom Manor Subdivision. Furthermore, the applicants shall provide for a temporary cul-de-sac at the northern property boundary to allow for future inter -parcel connection to Tax Map parcel 64-A-19. The entrances, internal road system and temporary cul-de-sac described above are depicted on the proffered Generalized Development Plan exhibit for Freedom Manor. 2. Traffic Calming Measures and Route 522 Connection The applicants hereby proffer to implement a curvilinear street design for the internal street system serving the 26.87-acre site to discourage cut through traffic between Front Royal Pike (Route 522 South) and Papermill Road (Route 644). Furthermore, the applicants hereby proffer to design and construct a traffic choker File #3230/EAW 2 Greenway Engineering • May 28, 2004; Revised July 28, 2004 • Freedom Manor Rezoning October 7, 2004; February 25, 2005 May 18, 2005; June 16, 2005 between the Front Royal Pike entrance and the residential lots that will be located on Tax Map Parcel 64-((A))-23A, as well as construct a right turn and taper lane to this entrance within the Front Royal Pike right-of-way that will be open for public use prior to the issuance of the first building permit within the Freedom Manor Subdivision.. 3. Elimination of Westwood Drive Connection The applicants hereby proffer that they will not make a road connection to Westwood Drive (Route 822). This guarantee will be achieved through a deed restriction upon the pertinent property, identified as Tax Map 64-((A))-19 and currently owned by the applicants, upon final approval of this rezoning. The applicant will legally record this road connection restriction within 30 days of final rezoning approval to ensure that this restriction appears in the chain of title for Tax Map parcel 64-A-19. 4. Papermill Road Dedication The applicants proffer a right-of-way dedication of twenty -feet in width along the entire Papermill Road frontage on the subject property. 5. Offsite Road Contribution The applicants hereby proffer to contribute seven thousand five hundred dollars ($7,500) per unit for offsite road improvements to Papermill Road, including the realignment of the Papermill Road and Front Royal Pike intersection and other associated Papermill Road improvements. The contribution will be paid to the Treasurer of Frederick County, Virginia for each residential lot that is platted. This monetary contribution is to be paid at the time of the building permit issuance for each residential lot. 6. Revenue Sharing All of the monies paid pursuant to above item 5, Papermill Road Improvements, together with the property value of land dedicated as public road right-of-way through above item 4, Papermill Road Dedication shall be eligible for inclusion in the Frederick County contribution to an applicable highway improvement revenue sharing project. D. Shenandoah Memorial Park Buffer The applicants hereby proffer to provide a fifty -foot (50') buffer along the entire southern property line against the Shenandoah Memorial Park. The fifty -foot (50') buffer will not contain any portion of residential lots developed within the File #3230/EAW 3 Greenway Engineering • May 28, 2004; Revised July 28, 2004 • Freedom Manor Rezoning October 7, 2004; February 25, 2005 May 18, 2005; June 16, 2005 26.87-acre property. A fence that is a minimum of six feet (6') in height, resembling a traditional iron fence style for cemetery enclosures will be constructed within the buffer along the shared Shenandoah Memorial Park property line. A bicycle and pedestrian trail facility will be constructed within a twenty -foot (20') non-exclusive easement, located adjacent to this fence. In the remaining thirty-foot (30') portion of the buffer, a single row of evergreen trees will be planted on ten -foot (10') centers. E. Papermill Road (Route 644) Road Efficiency Buffer Easement Within the required road efficiency buffer the applicants hereby proffer to provide a twenty -foot (20') non-exclusive easement for the development of a bicycle and pedestrian facility within the established fifty -foot (50') road efficiency buffer along Papermill Road (Route 644). F. Bicycle and Pedestrian Facility The applicants hereby proffer to construct a ten -foot (10') wide asphalt bicycle and pedestrian facility within the twenty -foot (20') non-exclusive easement as stated in Proffers D and E above. The maintenance of this facility shall initially be the responsibility of the homeowners' association, and will be available for dedication to the Frederick County Department of Parks and Recreation if requested in writing by Frederick County. G. Monetary Contribution to Offset Impact of Development The undersigned owners of the above -described property hereby voluntarily proffer that in the event rezoning application # n 1?'0 S" is approved, the undersigned will pay to the Treasurer of Frederick County, Virginia $9,845 for each residential lot that is platted. This monetary contribution is to be paid at the time of the building permit issuance for each residential lot. File #3230/EAW 4 Greenway Engineering H.) Signatures May 28, 2004; Revised July 28, 2004� Freedom Manor Rezoning October 7, 2004; February 25, 2005 May 18, 2005; June 16, 2005 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: Steve A. DuBrueler By: 41L Cc� Ray N. DuBrueler By: G'J Madeline F. DuBrueler Commonwealth of Virginia, City/County of Fr—Cb- CP—iQL To Wit: Cis Zz�b�� Date � z Date 2 L 0,:r Date The foregoing instrument was acknowledged before me this 9) day of AUVE''� 20 � �� by 51 rltr ;/j it , id4c.O UA , ki r j lV Lc '��lc c � LeA- Notary Public My Commission Expires Jl "qm lU {� Fite #3230/EAw Aug,10, 2005 4:OOPM No.3499 P. 4 0 (Notary acknowledgments to be added for all above parties) • 0 Greenway Engineering May 28, 2004 Revised July 28, 2004 October 7, 2004 February 25, 2005 May 18, 2005 REZONING: RZ# Rural Areas (RA) District to Residential Performance (RP) District PROPERTY: 26.87-acres +/- Tax Parcel 64-((A))-23 RECORD OWNER: Steve A. DuBrueler et als Freedom Manor Rezoning M. J � � A I' � 4 •'a APPLICANT: Steve A. DuBrueler et als (here -in after "the applicant") PROJECT NAME: FREEDOM MANOR ORIGINAL DATE May 28, 2004 OF PROFFERS: REVISION DATE: May 19, 2005 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 applicants hereby proffer that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # Dq- Os� for the rezoning of 26.87-acres from the Rural Areas (RA) District Residential Performance (RP) 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 these applicants and their legal successors, heirs, or assigns. The subject property, identified as Freedom Manor, and more particularly described as the lands owned by Steve A. DuBrueler et als, being all of Tax Map Parcel 64-((A))-23. The property is shown by plat and survey dated January 9, 2002 and revised July 24, 2003, prepared by Mark D. Smith, L.S., of Greenway Engineering, entitled "Final Plat for Minor Rural Subdivision of the Land Standing in the Name of Doris F. Casey" and recorded as instrument number 030029417. File #3230/EAW/ajc 11 • Greenway Engineering May 28, 2004 Freedom Manor Rezoning Revised July 28, 2004 October 7, 2004 February 25, 2005 May 18, 2005 A. Generalized Development Plan The applicants hereby proffer to develop the 26.87-acre property in substantial conformance with a Generalized Development Plan approved as part of the rezoning application. The Generalized Development Plan is intended to delineate the road systems that will serve the 70 single-family detached urban lots, the general location of road efficiency buffer, the Shenandoah Memorial Park buffer, and the bicycle and pedestrian trail facility. B. Residential Use Restriction 1. The applicants hereby proffer that the 26.87-acre property shall be developed as single-family detached urban residential lots. All other housing types allowed in Section 165-65 are hereby prohibited. 2. The applicants hereby proffer to limit the total number of single-family detached urban lots to 70. C. Transportation 1. Site Access The applicants hereby proffer to provide access to the 26.87-acre site through the construction of a primary entrance on Papermill Road (Route 644) and a secondary entrance on Front Royal Pike (Route 522). A temporary cul-de-sac shall be provided at the northern property boundary to allow for future inter - parcel connection to Tax Map parcel 64-A-19. The entrances and temporary cul- de-sac described above are depicted on the proffered Generalized Development Plan exhibit for Freedom Manor. 2. Traffic Calming Measures and Route 522 Connection The applicants hereby proffer to implement a curvilinear street design for the internal street system serving the 26.87-acre site to discourage cut through traffic between Front Royal Pike (Route 522 South) and Papermill Road (Route 644). Furthermore, the applicants hereby proffer to design a traffic choker to be constructed between the Front Royal Pike entrance and the residential lots, as well as construct a right turn and taper lane within the Front Royal Pike right-of-way to serve this entrance. File 113230/EAW/aje 2 Greenway Engineering May 28, 2004 Freedom Manor Rezoning Revised July 28, 2004 October 7, 2004 February 25, 2005 May 18, 2005 3. Elimination of Westwood Drive Connection The applicants hereby proffer that they will not make a road connection to Westwood Drive (Route 822). This guarantee will be achieved through a deed restriction upon the pertinent property, identified as Tax Map 64-((A))-19 and currently owned by the applicants, upon final approval of this rezoning. The applicant will legally record this road connection restriction within 30 days of final rezoning approval to ensure that this restriction appears in the chain of title for Tax Map parcel 64-A-19. 4. Papermill Road Dedication The applicants proffer a right-of-way dedication of twenty -feet in width along the entire Papermill Road frontage on the subject property. 5. Offsite Road Contribution The applicants hereby proffer to contribute seven thousand five hundred dollars ($7,500) per unit for offsite road improvements to Papermill Road, including the realignment of the Papermill Road and Front Royal Pike intersection and other associated Papermill Road improvements. The contribution will be paid to the Treasurer of Frederick County, Virginia for each residential lot that is platted. This monetary contribution is to be paid at the time of the building permit issuance for each residential lot. 6. Revenue Sharing All of the monies paid pursuant to above item 5, Papermill Road Improvements, together with the property value of land dedicated as public road right-of-way through above item 4, Papermill Road Dedication shall be eligible for inclusion in the Frederick County contribution to an applicable highway improvement revenue sharing project. D. Shenandoah Memorial Park Buffer The applicants hereby proffer to provide a fifty -foot (50') buffer along the entire southern property line against the Shenandoah Memorial Park. The fifty -foot (50') buffer will not contain any portion of residential lots developed within the 26.87-acre property. A fence that is a minimum of six feet (6') in height, resembling a traditional iron fence style for cemetery enclosures will be constructed within the buffer along the shared Shenandoah Memorial Park property line. A bicycle and pedestrian trail facility will be constructed within a twenty -foot (20') non-exclusive easement, located adjacent to this fence. In the File /13230/EAW/aje 3 0 • Greenway Engineering May 28, 2004 Freedom Manor Rezoning Revised July 28, 2004 October 7, 2004 February 25, 2005 May 18, 2005 remaining thirty-foot (30') portion of the buffer, a single row of evergreen trees will be planted on ten -foot (10') centers. E. Papermill Road (Route 644) Road Efficiency Buffer Easement Within the required road efficiency buffer the applicants hereby proffer to provide a twenty -foot (20') non-exclusive easement for the development of a bicycle and pedestrian facility within the established fifty -foot (50') road efficiency buffer along Papermill Road (Route 644). F. Bicycle and Pedestrian Facility The applicants hereby proffer to construct a ten -foot (10') wide asphalt bicycle and pedestrian facility within the twenty -foot (20') non-exclusive easement as stated in Proffers D and E above. The maintenance of this facility shall initially be the responsibility of the homeowners' association, and will be available for dedication to the Frederick County Department of Parks and Recreation if requested in writing by Frederick County. G. Monetary Contribution to Offset Impact of Development The undersigned owners of the above -described property hereby voluntarily proffer that in the event rezoning application # 09 - 0 S is approved, the undersigned will pay to the Treasurer of Frederick County, Virginia $9,845 for each residential lot that is platted. This monetary contribution is to be paid at the time of the building permit issuance for each residential lot. File It3230/EAW/ajc 4 1] Greenway Engineering H.) Signatures May 28, 2004 Revised July 28, 2004 October 7, 2004 February 25, 2005 May 18, 2005 Freedom Manor 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: Steve A. DuBrueler By: Ray . DuBrueler By: Madeline F. DuBrueler Commonwealth of Virginia, City/County of �r���,>/< To Wit: S1s Date ad, 9 �- Date S _2z'Gn < Date The foregoing instrument was acknowledged before me this 2O iNay of XGc 20 ':�: by Notary Public My Commission Expires File 113230/EAW/ajc Tax Map ID: 64-((A))-19 Prepared by Sean A. Everhart, PLC and Return to: 158 Front Royal Pike, Suite 305C Winchester, Virginia 22602 DECLARATION OF RESTRICTIVE COVENANT THIS DECLARATION OF RESTRICTIVE COVENANT, is made this day of , 2005, by and among Steve A. DUBRUELER, Ray N. DUBRUELER, and Madeline F. DUBRUELER (hereinafter referred to as "Declarants"), owners of the real property described in Exhibit A and Exhibit B, FIRST BANK, a Virginia Banking Corporation (hereinafter referred to as "Noteholder"), and Stephen G. BUTLER, TRUSTEE (hereinafter referred to as "Trustee"). WITNESSETH: WHEREAS, Declarants are the fee simple owners of certain real property in Frederick County, Virginia, containing 2.2021 acres, more particularly described in Exhibit A (hereinafter referred to as the "Property") and 26.8733 acres, more particularly described in Exhibit B; WHEREAS, Declarants desire and intend to restrict their access rights to the Property upon certain conditions; and WHEREAS, Noteholder is the beneficiary of two Notes, each secured partially by the Property, and evidenced by two Deeds of Trust recorded as Instrument Numbers 020018297 (modified in Instrument 040024652) and 050005350 among the land records of Frederick County, Virginia; WHEREAS, Noteholder joins in the execution of this Declaration of Restrictive Covenant to evidence its consent and approval of said restriction being placed on the Property in which it has a collateral interest; WHEREAS, Trustee is one of the named Trustees on said Deeds of Trust who may act individually in said capacity, and who also joins in the execution of this Declaration of Restrictive Covenant to evidence his consent as Trustee under the aforementioned Deeds of Trust. DECLARATION OF RESTRICIVE COVENANT NOW, THEREFORE, that for and in consideration of the premises and the sum of One Dollar ($1.00), cash in hand paid, the receipt and sufficiency of which is hereby acknowledged, Declarants hereby make the following limitation and restriction on the Property and certify that said limitation and restriction shall constitute a covenant to run with the land and shall be binding on all parties claiming tinder them, and for the benefit of and limitation upon all future owners of said Property: Page 1 of 6 0 Declarants shall retain all legal and vehicular access rights via Route 822 (Westwood Drive) with respect to the Property unless and until a Frederick County approved roadway, with legal and vehicular ingress and egress, is granted and constructed between the Property (Tax Map Parcel 64-((A))-19) and the real property described in Exhibit B (Tax Map Parcel 64-((A))-23); upon approved and completed construction of said roadway, Declarants shall not exercise any rights to vehicular access to and from the Property via Route 822 (Westwood Drive). 2. This limitation and restriction shall run exclusively to the benefit of, and shall be enforceable exclusively by, Frederick County. This limitation and restriction shall run with, and be appurtenant to, the land described in Exhibit A, and shall be binding on the Declarants, their heirs, personal representatives, successors, and assigns. WITNESS THE FOLLOWING SIGNATURE(S) AND SEAL(S): (SEAL) Steve A. DuBrueler (SEAL) Ray N. DuBrueler (SEAL) Madeline F. DuBrueler COMMONWEALTH OF VIRGINIA COUNTY OF FREDERICK, to wit: The foregoing Declaration of Restrictive Covenant was acknowledged before me, a Notary Public in the aforementioned jurisdiction, by Steve A. DuBrueler, Ray N. DuBrueler, and Madeline F. DuBrueler, this day of 2005. Notary Public My Commission Expires: Page 2 of 6 0 0 IN FIRST BANK, a Virginia Banking Corporation Earl W. Foreman, Vice President COMMONWEALTH OF VIRGINIA COUNTY OF FREDERICK, to wit: (SEAL) The foregoing Declaration of Restrictive Covenant was acknowledged before me, a Notary Public in the aforementioned jurisdiction, by Earl W. Foreman, Vice President of First Bank, a Virginia Banking Corporation, this day of , 2005. Notary Public My Commission Expires: Page 3 of 6 0 0 (SEAL) Stephen G. Butler, Trustee COMMONWEALTH OF VIRGINIA CITY OF WINCHESTER, to wit: The foregoing Declaration of Restrictive Covenant was acknowledged before me, a Notary Public in the aforementioned jurisdiction, by Stephen G. Butler, Trustee, this day of , 2005. Notary Public My Commission Expires: Page 4 of 6 i Exhibit A 2.2021 acres as shown on that certain plat entitled "Zoning Exhibit Showing Existing Zoning District Boundary on the Land of Steve A. DuBrueler, Ray N. DuBrueler & Madeline F. DuBrueler" by Richard E. Edens, L.S., dated January 13, 2003, and recorded as Instrument Number 030003286 among the land records of Frederick County, Virginia. AND BEING a portion of the property conveyed to Steve A. DuBrueler, Ray N. DuBrueler, and Madeline F. DuBrueler from Jean Swisher by Deed dated October 24, 2002 and recorded October 25, 2002 as Instrument Number 020018296 among the land records of Frederick County, Virginia. Tax Map Parcel: 64-((A))-19 Page 5 of 6 Exhibit B All of that certain tract or parcel of land, containing 26.8733 acres, situate in Shawnee Magisterial District, Frederick County, Virginia, as shown on the Final Plat for Minor Rural Subdivision of the Land Standing in the Name of Doris F. Casey, prepared by Mark D. Smith, L.S., dated July 24, 2003, and attached to the Deed of Gift from Doris F. Casey to Robin Casey-Wilisch dated and recorded December 30, 2003 as Instrument Number 030029416 among the land records of Frederick County, Virginia. AND BEING the same property conveyed to Steve A. DuBrueler, Ray N. DuBrueler, and Madeline F. DuBrueler from Doris F. Casey by Deed dated December 30, 2003 and recorded December 30, 2003 as Instrument Number 030029417 among the land records of Frederick County, Virginia. Tax Map Parcel: 64-((A))-23 Page 6 of 6 Jul,jU-05 12:56 FROM- • . T-017 P.02/07 F-015 Tax Map ID: 64-((A))-19 Prepared by Sean A. Everhart, PLC and Return to: 158 Front Royal Pike, Suite 305C Winchester, Virginia 22602 C(OPY DECLARATION OF RESTRICTIVE COVENANT THIS DECLARATION OF RESTRICTIVE COVENANT, is made this day of , 2005, by and among Steve A. DUBRUELER, Ray N. DUBRUELER. and Madeline F. DUBRUELER (hereinafter referred to as "Declarants"), owners of the real property described in Exhibit A and Exhibit B, FIRST BANK, a 'Virginia Banking Corporation (hereinafter referred to as "Noteholder"), and Stephen G. BUTLER. TRUSTEE (hereinafter referred to as "Trustee"). WITNESSET H: WHEREAS, Declarants are the fee simple owners of certain real property in Frederick County, Virginia, containing 2.2021 acres, more particularly described in Exhibit A (hereinafter referred to as the "Property") and 26.8733 acres, more particularly described in Exhibit B; WHEREAS, Declarants desire and intend to restrict their access rights to the Property upon certain conditions; and WHEREAS, Noteholder is the beneficiary of two Notes, each secured partially by the Property, and evidenced by two Deeds of Trust recorded as Instrument Numbers 020018297 (modified in Instrument 040024652) and 050005350 among the land records of Frederick County, Virginia; WHEREAS, Noteholder joins in the execution of this Declaration of Restrictive Covenant to evidence its consent and approval of said restriction being placed on the Property in which it has a collateral interest; WHEREAS, Trustee is one of the named Trustees on said Deeds of Trust who may act individually in said capacity, and who also joins in the execution of this Declaration of Restrictive Covenant to evidence his consent as Trustee under the aforementioned Deeds of Trust. DECLARATION OF RESTRICIVE COVENANT NOW, THEREFORE, that for and in consideration of the premises and the sum of One Dollar ($1.00), cash in hand paid, the receipt and sufficiency of which is hereby acknowledged, Declarants hereby make the following limitation and restriction on the Property and certify that said limitation and restriction shall constitute a covenant to run with the land and shall be binding can all parties claiming under them, and for the benefit of and limitation upon all future owners of said Property: Page 1 of 6 JU1-26-05 12:56 FROM- 0 0 T-017 P.03/07 F-015 Declarants shall retain all legal and vehiculw access rights via Route 822 (Westwood Drive) with respect to the Property unless and until a Frederick County approved roadway, with legal and vehicular ingress and egress, is granted and constructed between the Propei,ty (Tax Map Parcel 64-((A))-19) and the real property described in Exhibit B (Tax Map Parcel 64-((A))-23); upon approved and completed construction of said roadway, Declarants shall not exercise any rights to vehicular access to and from the Property via Route 822 (Westwood Drive). 2. This limitation and restriction shall run exclusively to the benefit of, and shall be enforceable exclusively by, Frederick County, 3. This limitation and restriction shall run with, and be appurtenant to, the land described in Exhibit A, and shall be binding on the Declarants, their heirs, personal representatives, successors, and assigns. WITNESS THE FOLLOWING SIGNATURE(S) AND SEAL(S): (SEAL) Steve A. DuBrueler (SEAL) Ray N. DuBrueler (SEAL) Madeline F. DuBrueler COMMONWEALTH OF VIRGINIA COUNTY OF FREDERICK, to wit: The foregoing Declaration of Restrictive Covenant was acknowledged before me, a Notary Public in the aforementioned jurisdiction, by Steve A. DuBrueler, Ray N. DuBrueler, and Madeline F. DuBrueler, this day of 2005. My Commission Expires: Notary Public Page 2 of 6 JUL-26-05 12:57 yr FROM- . T-017 P.04/07 F-015 FIRST BANK, z Virginia Banking Corporation By: (SEAT,) Earl W. Foreman, Vice President COMMONWEALTH OF VIRGINIA COUNTY OF FR.EDERICK, to wit: The foregoing Declaration of Restrictive Covenant was acknowledged before me, a Notary Public in the aforementioned jurisdiction, by Earl W. Foreman, Vice President of First Bank, a Virginia Banking Corporation, this _' day of , 2005. My Commission Expires: Notary Public Page 3 of 6 JUL726-05 12:57 FROM- � • T-017 P.05/07 F-015 (SEAL) Stephen G. $,suer, Trustee COMMONWEALTH OF VIR(JINIA CITY OF WINCHESTER, to wit: The foregoing Declaration of Restrictive Covenant was acknowledged before me, a Notary Public in the aforementioned jurisdiction, by Stephen G. Sutter, Trustee, this day of , 2005. Notary P);. blic My Commission Expires: Page 4 of 6 JUL�;26-05 12:57 FROM- • � T-017 P.06/07 F-016 Exhibit A 2.2021 acres as shown on that certain plat entitled "Zoning Exhibit Showing Existing Zoning District Boundary on the Land of Steve A. DuBrueler, Ray N. DuBrueler & Madeline F, DuBrueler" by Richard E. Edens, L.S., dated January 13, 2003, and recorded as Instrument Number 030003286 among the land records of Frederick County, Virginia. AND BEING a portion of the property conveyed to Steve A. DuBrueler, Ray N. DuBrueler, and Madeline F. DuBrueler frora Jean Swisher by Deed dated October 24, 2002 and recorded October 25, 2002 as Instrument Number 020018296 among the land records o[Frederick County, Virginia. Tax Map parcel: 64-((A))-19 Page 5 of 6 JULtH-05 12:57 FROM- • T-017 P.07/07 F-015 Kxhib►t B All of that certain tract or parcel of land, containing 26,:8733 acres, situate in Shawnee Magisterial District, Frederick County, Virginia, as shown on the Final Plat for Minor Rural Subdivision of the Land Standing in the Name of Doris; F. Casey, prepared by Mark D. Smith, L.S., dated July 24, 2003, and attached to the Deed of Gift from Doris F. Casey to Robin Casey-Wilisch dated and recorded December 30, 2003 as Instrument Number 030029416 among the land records of Frederick County, Virginia. AND BEING the same property conveyed to Steve A. DuBrueler, Ray N. DuBrueler, and Madeline F. DuBrueler from Doris F. Casey by Deed dated December 30, 2003 and recorded December 30, 2003 as Instrument Number 030029417 among the land records of Frederick County, Virginia. Tax Map Parcel: 64-((A))-23 Page 6 of 6 DECLARATION OF DRAFT RESTRICTNE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS, dated this day of , of 2005, by and among Steven A DUBRUELER, Ray N. DUBRUELER, and Madeline F. DUBRUELER, parties of the first part, hereinafter referred to as "Declarants", the COUNTY OF FREDERICK, Virginia, party of the second part, hereinafter referred to as "County", FIRST BANK, a Virginia banking corporation, party of the third part, hereinafter referred to as "Bank", and Steven G. BUTLER, Trustee, party of the fourth part, hereinafter referred to as "Trustee". WITNESSETH: WHEREAS, Declarants are the fee simple owners of certain real property lying and being situated two miles south of the City of Winchester, in Shawnee Magisterial District, Frederick County, Virginia, containing 2.2021 acres, more or less, and being further identified as Tax Parcel No. 64-A-19 (hereinafter referred to as "the Property"); and WHEREAS, Declarants desire to impose a restrictive covenant on the Property regarding access to Route 822 (Westwood Drive); and WHEREAS, the note holder is the beneficiary of two notes, each secured partially by the Property, and evidenced by two deeds of trust recorded as Instrument Nos. 020018297 (modified in Instrument No. 040024652) and 050005350 among the land records of Frederick County, Virginia, the Trustee being the trustee under the aforesaid deeds of trust. NOW, THEREFORE, Declarants hereby impose the following restrictive covenants on the Property: 1. There shall be no entrance from or access to the Property from Route 822 (Westwood Drive); provided, however, the Property may be accessed from Route 822 until such time as a public road is constructed which provides other access to the Property. 2. In no event shall Declarants, as the owners of the Property, grant access across the Property to Route 822 for the benefit of any other property, and no other property shall have access across the Property to Route 822. These Restrictive Covenants shall run to the benefit of, and be enforceable by, the County. These Restrictive Covenants shall run with, and be appurtenant to, the Property, and shall be binding upon the Declarants, their heirs, personal representatives, successors, and assigns. t The Bank and the Trustee join in the execution of this Declaration of Restrictive Covenants to evidence their consent and approval of the placement of the restrictive covenants on the Property. WITNESS THE FOLLOWING SIGNATURES AND SEALS: (SEAL) Steve A. DuBrueler (SEAL) Ray N. DuBrueler (SEAL) Madeline F. DuBrueler COUNTY OF C�K VIRGINIA `R CJC 0 FIRST BANK (SEAL) By: (SEAL) Earl W. Foreman, Vice President (SEAL) Steven G. Butler, Trustee (Notary acknowledgments to be added for all above parties) 09/02/2005 12:19 5404502293 SEAN A EVERHART PLC PAGE 02/03 0 to DECLARATION OF RESTRICTIVE COVENANT THIS DECLARATION OF RESTRICTIVE COVENANT, dated this day of , 2005, by and among Steven A. DUBRUELER, Ray N. DUBRUELER, and Madeline F. DUBRUELaGR, parties of the first part, hereinafter referred to as "Declarants", the COUNTY OF FREDERICE;, Virginia, party of the second part, hereinafter referred to as "County", FIRST BAND, a Virginia banking corporation, party of the third part, hereinafter referred to as "Bank", and Steven G. BUTLER, Trustee, party of the fourth part, hereinafter referred to as "Trustee". WHEREAS, Declarants are the fee simple owners of certain real property lying and being situated two miles south of the City of Winchester, in Shawnee Magisterial District, Frederick County, Virginia, containing 2.2021 acres, more or less, and further identified as Tax Parcel No. 64-A-19 (hereinafter referred to as "the Property"); and WHEREAS, Declarants desire to impose a restrictive covenant on the Property regarding access to Route 822 (Westwood Drive); and WHEREAS, Bank is the beneficiary of two notes, each secured partially or wholly by the Property, and evidenced by two deeds of trust recorded as Instrument Nos. 020018297 (modified in Instrument No. 040024652) and 050005350 among the land records of Frederick County, Virginia, the Trustee being the trustee under the aforesaid deeds of trust. NOW, THEREFORE, Declarants hereby impose the following restrictive covenant on the Property: There shall be no access across the Property from Route 822 (Westwood Drive) to that certain parcel or tract of real property in Frederick County, Virginia, containing 26.8733 acres, more or less, and further identified as Tax Parcel No. 64-A-23. This Restrictive Covenant shall run to the benefit of, and be enforceable by, the County. This Restrictive Covenant shall run with, and be appurtenant to, the Property, and shall be binding upon the Declarants, their heirs, personal representatives, successors, and assigns. The Bank and the Trustee join in the execution of this Declaration, of Restrictive Covenant to evidence their consent and approval of the placement of the restrictive covenant on the Property. WITNESS THE FOLLOWING SIGNATURES AND SEALS: (SEAL) "P 2 2005 09/02/2005 12:19 5404502293 SEAN A EVERHART PLC PAGE 03/03 0 0 By: Steve A. DuBrucler (SEAL) Ray N. DuBrueler (SEAL) Madeline F. DuBrueler COUNTY OF FREDERICK VIRGINIA FIRST BANK Earl W. Foreman, Vice President Steven G. Butler, Trustee (Notary acknowledgments to be added for all above parties) (SEAL) (SEAL) (SEAL) • 46 8 F P 2 2M) DECLARATION OF RESTRICTIVE COVENANT THIS DECLARATION OF RESTRICTIVE COVENANT, dated this day of , 2005, by and among Steven A. DUBRUELER, Ray N. DUBRUELER, and Madeline F. DUBRUELER, parties of the first part, hereinafter referred to as "Declarants", the COUNTY OF FREDERICK, Virginia, party of the second part, hereinafter referred to as "County", FIRST BANK, a Virginia banking corporation, party of the third part, hereinafter referred to as "Bank", and Steven G. BUTLER,, Trustee, party of the fourth part, hereinafter referredto as "Trustee". WHEREAS, Declarants are the fee simple owners of certain real property lying and being situated two miles south of the City of Winchester, in Shawnee Magisterial District, Frederick County, Virginia, containing 2.2021 acres, more or less, and further identified as Tax Parcel No. 64-A-19 (hereinafter referred to as "the Property"); and WHEREAS, Declarants desire to impose a restrictive covenant on the Property regarding access to Route 822 (Westwood Drive); and WHEREAS, Bank is the beneficiary of two notes, each secured partially or wholly by the Property, and evidenced by two deeds of trust recorded as Instrument Nos. 020018297 (modified in Instrument No. 040024652) and 050005350 among the land records of Frederick County, Virginia, the Trustee being the trustee under the aforesaid deeds of trust. NOW, THEREFORE, Declarants hereby impose the following restrictive covenant on the Property: There shall be no access across the Property from Route 822 (Westwood Drive) to that certain parcel or tract of real property in Frederick County, Virginia, containing 26.8733 acres, more or less, and further identified as Tax Parcel No. 64-A,-23. This Restrictive Covenant shall run to the benefit of, and be enforceable by, the County. This Restrictive Covenant shall run with, and be appurtenant to, the Property, and shall be binding upon the Declarants, their heirs, personal representatives, successors, and assigns. The Bank and the Trustee join in the execution of this Declaration of Restrictive Covenant to evidence their consent and approval of the placement of the restrictive covenant on the Property. WITNESS THE FOLLOWING SIGNATURES AND SEALS: (SEAL) Steve A. DuBrueler (SEAL) Ray N. DuBrueler (SEAL) Madeline F. DuBrueler COUNTY OF FREDERICK VIRGINIA (SEAL) FIRST BANK By: (SEAL) Earl W. Foreman, Vice President (SEAL) Steven G. Butler, Trustee (Notary acknowledgments to be added for all above parties) 09/14/2005 15:02 5404502293 SEAN A EVERHART PLC PAGE 02r06 Tax Map ID: 64-((A))-19 Prepared by Sean A. Everhart, PLC and Return to: 158 Front Royaf Pike, Suite 305C Winchester, Virginia 22602 DECLARATION OF RESTRICTIVE COVENANT THIS DECLARATION OF RESTRICTIVE COVENANT, is made this day of , 20051 by and among Steve A. DUBRUELER, Ray N. DUBRUELER, and Madeline F. DUBRUELER (hereinafter referred to as "Declarants"), the COUNTY -OF FREDERICK. Virginia (hereinafter referred to as "County"), FIRST BANK, a Virginia Banking Corporation (hereinafter referred to as "Bank'), and Stephen G. BUTLER, TRUSTEE (hereinafter referred to as "Trustee"). WITNESSETH: WHEREAS, Declarants are the fee simple owners of certain real property Iying and being situated two miles south of the City of Winchester, in Shawnee Magisterial District, Frederick County, Virginia, containing 2.2021 acres, more or less, and further identified as Tax Parcel No. 64- A-19 (the "Property"); WHEREAS, Declarants desire to impose a restrictive covenant on the Property regarding access to Route 822 (Westwood Drive); WHEREAS, Bank is the beneficiary of two Notes, each secured partially or wholly by the Property, and evidenced by two deeds of trust recorded as Instrument Numbers 020018297 (modified in Instrument 040024652) and 050005350 among the land records of rrederiek County, Virginia, and Trustee being the trustee under aforesaid deeds of trust; NOW, THEREFORE, Declarants hereby impose on the Property the following restrictive covenant: At such time the Frederick County Board of Supervisors approves the Freedom Manor Proffer Statement and Generalized Development Plan to allow for an inter - parcel connection that will provide access to the Property: (1) there shall be no entrances from or across the Property from Route 822 (Westwood Drive) and (2) there shall be no access across the Property to Route 822 for the benefit of any other property and no other property shall have access across the Property to Route 822. This Restrictive Covenant shall run to the benefit of, and be enforceable by, the County. This Restrictive Covenant shall run with, and be appurtenant to, the Property, and shall be binding upon the Declarants, their heirs, personal representatives, successors, and assigns. The Bank and Trustee join in the execution of this Declaration of Restrictive Covenant to evidence their consent and approval of the placement of the restrictive covenant on the Property. Page 1 of 5 09/14/2005 15:02 5404502293 SEAN A EVERHART PLC PAGE 03/06 WITNESS THE FOLLOWING SIGNATURE(S) AND SEAL(S): (SEAL) Steve A. DuBrueler (SEAL) Ray N. DuBrueler (SEAL) Madeline F. DuBrueler COMMONWEALTH OF VIRGINIA COUNT' OF FREDERICK, to wit: The foregoing Declaration of Restrictive Covenant was acknowledged before me, a Notary Public in the aforementioned jurisdiction, by Steve A. DuBrueler, Ray N. DuBrueler, and Madeline F. DuBrueler, this day of September, 2005. Notary Public My Commission Expires: Page 2 of 5 09/14/2005 15:02 5404502293 SEAN A EVERHART PLC PAGE 04/06 FIRST BANK, a Virginia Banking Corporation By: (SEAS,) Earl W. Foreman, Vice President COMMONWEALTH OF VIRG.INIA COUNTY OF FREDERICK, to wit: The foregoing Declaration of Restrictive Covenant was acknowledged before me, a Notary Public in the aforementioned jurisdiction, by Earl W. Foreman, Vice President of First Bank, a Virginia Banking Corporation, this day of September, 2005. Notary Public My Commission Expires: Page 3 of 5 09/14/2005 15:02 5404502293 SEAN A EVERHART PLC PAGE 05/06 (SEAL) Stephen G. Butler, Trustee COMMONWEALTH OF VIRGINIA CITY OF WINCHESTER, to wit: The foregoing Declaration of Restrictive Covenant was acknowledged before me, a Notary Public in the aforementioned jurisdiction, by Stephen G. Butler, Trustee, this day of September, 2005. Notary Public My Commission Expires: Page 4 of 5 09/14/2005 15:02 5404502293 SEAN A EVERHART PLC PAGE 06/06 M COMMONWEALTH OF VIRGINIA CITY OF WINCHESTER, to wit: COUNTY OF FREDERICK, VIRGINIA (SEAL) The foregoing Declaration of Restrictive Covenant was acknowledged before me, a Notary Public in the aforementioned jurisdiction, by . this day of September, 2005. Notary Public My Commission Expires: Page 5 of 5 DuBrueler Enfeprises • 158 Front Royal Pike, 305 Winchester, Vk 22602 To: Steve Butler Fax: 540-722-3787 From: Steve DuBrueler Date: 9/29/2005 Re: Paperwork for signature Pages: 3 CC: ❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle questions please give me a call, when the paperwork is ready, call and we will be P. DuBnieler Enterprises 158 Front Royal Pike, 305 Winchester, VA 22602 To: John R. Riley Fax: 540-667-0370 From: Steve DuBraeler Date: 9/29/2005 Re: Paperwork for signature Pages: 3 CC: ❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle z: t. of Mr Rrley, S If you have any questions please give me a call, when the paperwork is ready call and we will v ;3- Dome and pick it up. Thank you! C ?� �- --2 —1 n ' MEMORY TRANSMISSION R ORT TIME SEP-29-05 12:42 TEL NUMBER NAME FILE NUMBER 067 DATE SEP-29 12:41 TO 7223787 DOCUMENT PAGES 03 START TIME SEP-29 12:41 I END TIME SEP-29 1 :42 SENT PAGES 03 STATUS OK FILE NUMBER : 067 I SUC ESSFUL TX NOT ICE puHV-- cn v Pik-, 158 Psn¢r Roynl Pi1ca, 305 ' wineliesrer, 22602 To: Srevc 8ucler Fax. 54�-722-3787 From: Srcve D rueler Data: 9/Z9/2005 Ra: Pap orw lc for si cure Pages: 3 CC: Q UrgentU I For RBv9M Please Comr'.—t C7 Plus Rapti O Please Ra a 7 Y •> it;�•; ��:;ar � Litz tr{;;, w; r��',ti .;_•1.71r,�� ��'�en:'ur•1.: i::� .N 1-C� u! . ' �:" 173a _hu,lu} Fi:':::.1{;I;.j,�o,:•SR7�'t# 5; r� '7 r;...i '�,...�-y'��t• �`t`�.J51..�.vw ia:y` ; t i1... •�Ll�r, '�fif�7� �1`ve any esaons p ease ve me a c wScn the papepxwork is -ready, call aad we will e is up. le ` 0 0 HALL, MONAHAN, ENGLE, MAHAN & MITCHELL A PARTNERSHIP OF PROFESSIONAL CORPORATIONS WILBUR C. HALL (1892-1972) THOMAS V. MONAHAN (1924-1999) SAMUEL D. ENGLE O. LELAND MAHAN ROBERT T. MITCHELL, JR. JAMES A. KLENKAR STEVEN F. JACKSON DENNIS J. MCLOUGHLIN, JR. HAND DELIVERED ATTORNEYS AT LAW I a 7 EAST MARKET STREET LEESBURG, VIRGINIA TELEPHONE 703-777-1050 9 EAST BOSCAWEN STREET WINCHESTER, VIRGINIA TELEPHONE 540-662-3200 FAX 540-662-4304 E-MAIL lawyers@hallmonahan.com August 3, 2005 Michael T. Ruddy, AICP Deputy Director Frederick County Department of Planning & Development 107 North Kent Street Winchester, VA 22601 PLEASE REPLY TO: P. O. Box 648 WINCHESTER, VIRGINIA 22604-0848 Re: Declaration of Restrictive Covenant—DuBrueler (Freedom Manor) Dear Mike: I have reviewed the draft Declaration of Restrictive Covenant provided by DuBrueler's counsel. Rather than list my suggested revisions in a letter, I found it preferable to just propose a suggested revised draft of the Declaration. Accordingly, you will find enclosed a copy of my revised draft, together with a copy of the last draft I received from DuBrueler's counsel. Please contact me if you have questions, comments, or concerns with my draft. HALL, MONAHAN, ENGLE, MAHAN & MITCHELL Michael T. Ruddy, AICP August 3, 2005 Page 2 With kind regards, I am UVeryily yours, Robert T. Mitchell Jr. RTM/msp • HALL, MONAHAN, ENGLE, MAHAN A PARTNERSHIP OF PROFESSIONAL CORPORATIONS WILBUR C. HALL (1892-1972) THOMAS V. MONAHAN (1924-1999) SAMUEL D. ENGLE 0. LELAND MAHAN ROBERT T. MITCHELL, JR. JAMES A. KLENKAR STEVEN F. JACKSON DENNIS J. MCLOUGHLIN, JR. ATTORNEYS AT LAW & MITCHELL I a 7 EAST MARKET STREET 9 EAST BOSCAWEN STREET LEESBURG, VIRGINIA WINCHE5TER, VIRGINIA TELEPHONE 703-777-1050 TELEPHONE 540.652-3200 FAX 540-652-4304 E-MAIL lawyers@hellmonehen.mm June 28, 2005 Michael T. Ruddy, AICP Deputy Director Frederick County Department of Planning & Development 107 North Kent Street Winchester, VA 22601 JUN 2 9 PLEASE REPLY TO P. 0. Box 848 WINCHESTER, VIRGINIA 22604-0848 Re: Du Brueler (Freedom Manor) Proposed Proffer Statement Dear Mike: I have reviewed the above -referenced proposed proffer statement. It is my opinion that the proposed proffer statement is generally in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, and is legally sufficient as a proffer statement, subject to the following: 1. T he heading "Proposed Proffer Statement" should be added at t11e top of the first page. 2. The Rezoning No. should be inserted at the beginning of the Proposed Proffer Statement. 3. I would suggest that in the identification of PROPERTY at the top of the page there be added: "(the Property)", and that throughout the Proffer Statement the subject property be referred to as "the Property", rather than "the 26.87-acre property". •. 0 HALL, MONAHAN, ENGLE, MAHAN & MITCHELL Michael T. Ruddy June 28, 2005 Page 2 4. The second paragraph under "Preliminary Matters" is not a complete sentence (it contains no verb). I believe the paragraph is intended to give a reference to a plat which describes the property (Plat of Mark D. Smith, L.S., dated January 9, 2002). If that plat is recorded in the land records, a reference should be given to the Instrument Number (or Deed Book and Page Nu -Tiber, if applicable) where the plat is recorded. If the plat is not*recoi-ded, a copy of the plat should be attached to the Proffer Statement. Otherwise, the reference to the plat would be meaningless. Further, the paragraph makes reference to a "Zoning Exhibit" (Plat of Richard A. Edens, L.S. dated January 13, 2003). I don't know what the "Zoning Exhibit" is. Also, as discussed regarding the 2002 plat, above, if the 2003 plat is going to be referenced in the Proffer Statement, the information on when the plat is recorded, or a copy of the plat, should be provided. 5. The first paragraph under Preliminary Matters states that ". . development of the subject property shall be done in conformity with the terms and conditions set forth herein ...." Therefore, it is unnecessary to state at the beginning of each proffer that "the applicants hereby proffer..." 6. There is a plat attached to the copy of the Proffer Statement provided to me which is titled "Generalized Development Plan Exhibit for Freedom Manor" ("GDP"). It is not clear fi-om the Proffer Statement, but I assume the Applicants are proffering to develop the property in accordance with the attached GDP. If so a proffer should be added as follows: "Generalized Development Plan The Property shall be developed in substantial conformity with the Generalized Development Plan by Greenway Engineering dated April 21, 2004, a copy of which is attached." 0 • HALL, MONAHAN, ENGLE, MAHAN be MITCHELL Michael T. Ruddy June 28, 2005 Page 3 7. Paragraph (A)(1): The reference to " 12,000 square foot lots" should be deleted, as 12,000 square feet is just the minimum lot size for single-family detached urban lots, and not a requirement or -part of the title of that type lot. Further, the proffer should exclude all other uses, including other housing types. Therefore, I would reconu-riend that Paragraph (A) (1) be amended to read: "The Property shall be used for the development of Single -Family Detached Urban Residences only, and all other uses and housing types otherwise permitted in the RP zoning district shall be prohibited." 8. Paragraph (A)(2): I recommend that the word "lots" be changed to "dwelling units." 9. Paragraph B)(1): The GDP attached to the Proffer Statement seems to indicate that the Property does not have frontage on Route 522. If not, have the Applicants produce documentation that they have the legal right to construct a public street for an entrance on Route 522. Also, the proffer should specify when the entrances shall be constructed, probably before the issuance of any building permits for house constriction. 10. Paragraph (B)(2): Presumably, this proffer is to prevent access to Westwood Drive and Westwood Circle from the "Future Access Road" shown on the GDP. The Applicants seek to acconrpiish this by a restrictive covenant on adjoining property represented to be owned by the Applicants. If this is sought to be accomplished in this manner, I would recommend the following: (1) a draft of the document to establish the restrictive covenant be prepared by the Applicants and submitted to the County for review and approval as a part of this conditional rezoning application; (2) that the restrictive covenant provide that it runs to the benefit of Frederick County and shall be enforceable by Frederick County; (3) that the Applicants provide to the County a Report of Title by a title examiner, verifying ownership of the adjoining property and identifying any lienholders on the property (who would have to execute the document establishing the restrictive covenant); (4) the restrictive covenant document, upon approval by the County, be attached to the proffer; and (5) that the Proffer Statement provide that the attached restrictive HALL, MONAHAN, ENGLE,. MAHAN & MITCHELL Michael T. Ruddy June 28, 2005 Page 4 covenant document, upon approval of the rezoning, will be executed and recorded in the Frederick County land records prior to the commencement of any development activity on the property. 11. Paragraph (BE-3 : V,%ith respecr. to the street design, it is shown on the GDP attached to the proffer statement. See Paragraph 6 of this letter. With respect to the traffic choker, there should be an affirmative statement that the design of the traffic choker be approved by the County and that the Applicants will use their best efforts to obtain approval thereof by VDOT prior to conunencement of construction of the entrance. 12. Paragraph (B)(41: The proffer should provide that the subject improvements to Route 522 will be completed prior to the opening of the Route 522 entrance to the Property. 13. Paragraph_(B)(51: This proffer indicates that all of the rights of way needed to do the referenced improvements to Papermill Road are not available. It is further my understanding that there are not sufficient rights of way currently available or under the control of Applicants to start the improvements. Therefore, I would make the following reconunen. dations for consideration with respect to this proffer: (a) The engirieered road design for the full intersection improvements to be provided by the Applicants should be subject to approval by Frederick County and VDOT. (b) The estimated cost for the full intersection improvements should be established at the time of approval of the design, and should be subject to approval of Frederick County. (c) An amount of 120% of the approved estimated construction cost should be established to cover the future construction costs ("Proffered Amount"). HALL, MONAHAN, ENGLE, MAHAN be MITCHELL Michael T. Ruddy June 27, 2005 Page 5 (d) The Applicants should pay to the County an agreed -upon percentage of the Proffered Amount upon the issuance of each building permit, to be held by the County to cover the cost of the subject intersection improvements. 14. Paragraph LQ: See Paragraph 6 of this letter. 15. Paragraph (D): The proffer states that the buffer "will not contain any portion of residential lots." Who is to own the buffer? Who is to maintain the buffer? Is there to be a property owners' association? There is nothing in the proffers about a property owners' association. Also, it appears that the Applicants will provide a bicycle and pedestrian easement, but that the facilities would be developed "by others". Who? 16. Paragraph (E): See Paragraph 15, above of this letter regarding the bicycle and pedestrian easement. 17. Paragraph (F): I reconunend that the proffer itemize the allocation of the $9,845 per lot contribution, rather than referencing the Fiscal Impact Model. I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for the specific site, as it is my understanding that that review will be done by the staff and the r ianining Conamissioll. truly yours, RTM/ks 0 Rezoning Comments a-WIM, I Virginia Department of Transportation Mail to Virginia Department of Transportation Attn: Resident Engineer 14031 Old Valley Pike Edinburg, Virginia 22824 (540) 984-5600 Hand deliver to: Virginia Department of Transportation Attn. Resident Engineer 1550 Commerce Street Winchester, Virginia FREEDOM MANOR (Greenway File # 3230) Applicant's Name: Greenway Engineering Telephone: 540-662-4185 Attn.: Andy Conlon AICP Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Location of property: Fronting on the east side of Papermill Road (Route 644) approximately 2,300 feet west-northwest of the intersection of Papermill Road and Front Royal Pike (Route 522)- Current zoning: RA Zoning requested: RP Acreage: 26.87 Virginia Department of Transportation Comments: S . VDOT Signature & Date: Notice to VDOT — Please Return This Form to the Applicant .... ....... . . ._._ .. ... ............. . _.. � tf`tllf'7E";-,.L._ _...--- -._ ..... ........ ... .....--11177fiIRm1lThi'al'-- ...... ..... ... .. ..... .... - -•-!t'IC'I:T-'ar- S COMMONWEALTH ®f VIRCjINIIA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY Philip A. Shucet 14031 OLD VALLEY PIKE COMMISSIONER EDINBURG, VA22824 .Tune 7, 2005 Mr. Andy Conlon, AICP C/O Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 Ref: Freedom Manor Rezoning Routes 644 & 522, Frederick County Greenway File #3230 Dear Mr. Conlon: JERRY A. COPP RESIDENT ENGINEER TEL (540) 984-5600 FAX(540)984-5607 The documentation within the application to rezone this property appears to have a measurable impact on Routes 644 and 522. These route are the VDOT roadways which has been considered as the access to the property referenced. VDOT is satisfied that the transportation proffers offered in the Freedom Manor rezoning application dated May 19, 2005 addresses transportation concerns associated with this request. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right- of-way dedications, traffic signalization, and off -site roadway improvements and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Thank you for allowing us the opportunity to comment. Sine, r y, Lloyd A. Ingram Transportation Engineer LAI/rf Enclosure — Comment Sheet VirgmiaDOT.org WE KEEP VIRGINIA MOVING ...__.—.;Lt__.,....,,._............................,...—li'711!"6E.-,._.._r.,ar.._ ......._ ...__...._....-- �--........_...__._..._.-_,_,mnmrr.�nnnmrir._._.._.._......._.._ _.. ... �¢t c K O A b G w x pq H W 4 VIRGINIA Control number RZ04-0009 Project Name Freedom Manor Address 151 Windy Hill Lane Type Application Rezoning Current Zoning RA Automatic Sprinkler System No Other recommendation Emergency Vehicle Access Not Identified Siamese Location Not Identified Emergency Vehicle Access Comments Access Comments Frederick County Fire and Rescue Department Office of the Fire Marshal Plan Review and Comments Date received Date reviewed 4/26/2004 4/28/2004 Applicant Greenway Engineering City State Zip Winchester VA 22602 Date Revised Applicant Phone 540-662A 185 Tax ID Number Fire District Rescue District 64-A-19, 20, 23 21 21 Election District Recommendations Shawnee Automatic Fire Alarm System Residential Sprinkler System No Yes Requirements Hydrant Location Fire Lane Required Not Identified Yes Roadway/Aisleway Width Special Hazards Not Identified No Additional Comments Water supplies for firefighting sha ; -1ee"ir = �;�,ction 90-4 or the Virginia Statewide Fire Preven-;.gin C. Plan Approval Recommended Reviewed By Signature Yes Timothy L. Welsh Title �4 ry 151 Windy Hill Iane Winchester, Virginia 22602 Telephone 540-662-4185 FAX 540-722-9528 FACSIMILE TRANSMITTAL SHEET TO: FROM: Dave Whitacre, Chief Andy Conlon COMPANY: DATE Company 21, Millwood Stn VFRD JUKE 7, 2004 FAX NUMBER: TOTAL NO. OF PAGES INCLUDING COVER: 662-0820 5 PHONE NUMBER: SENDER'S REFERENCE NUMBER: 665-0827 RE: YOUR REFERENCE NUb4BER: Adams Rezoning 3230 ❑ URGENT ❑ FOR REVIEW ® PLEASE COMMENT ❑ PLEASE REPLY ❑ PLEASE RECYCLE NOTES/COMMENTS: Chief Whitacre: I am sending a copy of the Review Agency Comment Request Form sent to Company 21 on April 27, 2004, and (just for your reference) a copy of The Frederick County Fire Marshal's responce. Please let me know if Company 21 has any comments. If you would like to phone me with your comments, I would be glad to transcribe your words to paper and then get you a copy for your signature. I look forward to hearing from you. Andy Conlon Engineers Surveyors Founded in 1971 C� June 8, 2004 Mr. Andy Conlon Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Freedom Manor Rezoning Frederick County, Virginia Dear Mr. Conlon: COUNTY of FREDERICK Department of Public Works 540/665-5643 FA \ : 540/ 678-0682 We have completed our review of the proposed Freedom Manor rezoning and offer the following comments: 1) Under transportation and alternative access option B.4., indicate what circumstances would prevent the dedication of sufficient right-of-way for a left turn lane if the applicant is providing the land for the subject right-of-way. 2) If the alternative access option referenced above is adopted, indicate if sufficient easements have been obtained to connect the proposed subdivision to Front Royal Pike. 3) The evaluation of stormwater shall also include the impact of increased volumes on downstream channels and drainage structures. If it is intended to use the existing ponds as stormwater management facilities, it will be necessary to perform a thorough evaluation of the subsurface and as -built conditions of the existing structures. Also, the use of retention facilities will require a detailed evaluation. 4) The comparison of the projected yearly waste volume from the proposed C development to the projected total capacity of the landfill does not adequately E�fl present a valid comparison of the impact on the solid waste program in Frederic County. The impact discussion is comparing a yearly disposal rate at build -out with a total capacity. It is estimated that the proposed development will have a yearly solid waste impact cost of $ 150 per dwelling and will represent an approximate one (1) percent increase in the solid waste generated in Frederick County per year. NE C 107 North Kent Street - Winchester, Virginia 22601-5000 0 0 N a� 0 z Freedom Manor Rezoning Comments Page 2 June 8, 2004 I can be contacted at 665-5643 should you have any questions regarding the above comments. Sincerely, Harvey . trawsnyder, Jr., P.E. Director of Public Works HES/rls cc: Frederick County Planning and Development file \:'. 11 f C(u II I I I I I.% I l Ul1f /1I1111,%\pd 9'O9 `�D Rezoning Comments .__a.2.i:1N'u�e:"ixd.�5hi'a�'.�a'�v:.i Frederick County Sanitation Authority Mail to: Frederick County Sanitation Authority Attn: Engineer P.O. Box 1877 Winchester, Virginia 22604 (540) 868-1061 Hand deliver to: Frederick County Sanitation Authority Attn: Engineer 315 Tasker Road Stephens City, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Sanitation Authority with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant Name: Greenway Engineering, Telephone: 540-662-4185 Attn.: Evan A. Wyatt, AICP Mal lingAddress: 151 Windy Hill Lane Winchester, VA 22602 Location of Property: Fronting on the west side of Papermill Road (Route 644). approximately 2,300 feet west-northwest of the intersection of Papermill Road and Front Royal Pike(Route 522). Current Zoning: RA & RP Zoning Requested: RP Acreage: 47.54 Sanitation Authority Comments: Al( Sanitation Authority Signature & Date: Notice tas LN:9niti rdon Authority - Please Return ' his Forni to the Applicant Rezoning Comments a.3 �_,� _..�. zu. a s - .3. „u��. 4 ��" ai.�a:Lw .�z :_,��`_� ";,>L _ o Hof;:.�. Frederick —Winchester Service Authority Mail to: Fred -Wine Service Authority Attn: Jesse W. Moffett, Executive Director P.O. Box 43 Winchester, Virginia 22604 (540) 722-3579 Hand deliver to: Fred-Winc Service Authority Attn: Jesse W. Moffett 107 North Kent Street Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Frederick -Winchester Service Authority with their review. Attach a copy of your application form, location map, proffer statement, and any other pertinent information. Application: Freedom Manor Rezoning Applicart's Name: Greenway Engineering Attn.: Evan A. Wyatt, AICP Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Telephone: 540-662-4185 Location of property: Fronting on the west side of Papermill Road (Route 664). approximately 2,300 feet west-northwest of the intersection of Papermill Road and Front Royal Pike (Route 5Z2� Current zoning: RA & RP Zoning requested: RP Acreage: 47.54 Fred-Winc Service Authority's Comments: Fred- Winc Service Authority's Signature & Date: __ "�tatst'�' t�� 1� a•a�r!-'��`ifati' ;^+�:r��i>:a� q -Z to�- ,�Saadlt�iaE it:e -- 1"I�:�a:";�a� la,l^dtr�-ai _a.l,i4� l�a:9E's!r d�a llaC� r�! t1i�.:W��t 1 VE JUN 0 4 2n04 i • 0 ;Fred4ick County Publt schools Administrative Assistant to the Superintendent May 10, 2004 Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 RE: Freedom Manor Property Rezoning Dear Mr. Wyatt Al Orndorff orndorfa@kederick.kl 2.va.us This letter is in response to your request for comments concerning the rezoning application for the proposed Freedom Manor from RA -RP to RP. Based on the information included in the application packet, it is anticipated that the proposed 120 single family homes will yield a total of 84 new students upon build -out. Significant residential growth in Frederick County has resulted in the schools serving this area having student enrollments nearing or exceeding their practical capacity. The cumulative impact of this project and others of similar nature, coupled with the number of approved, undeveloped residential lots in the area, will necessitate the future construction of new school facilities to accommodate increased student enrollments. The impact of this rezoning on current and future school needs should be considered during the approval process. This application does meet the recommended fiscal impact model monetary proffer for schools. Respectfully Yours, % �/'& AI Orndorff Administrative Assi to the Superintendent Copy: William C. Dean Ph. D., Superintendent of Schools Robert W. Cleaver, Assistant Superintendent for Administration 1415 Amherst Street www frederick.02.va.us 540-662-3889 exl 112 P O Box 3508 540-545-2439 Winchester, Virginia 22604-2546 540-662-3890 fax 0 0 0 • Rezoning Comments Frederick County Department of Parks & Recreation 'F !S+iS "'!d' Y'!i?li119 i-�S i.. il"yu 1 . 4 .hod:E:, �!r�,r..,.: �..:..�.,SR .�! WIN �:,.iliaM:�:::Sw::��S 111-<.�_4i:,.::rl.i �:_'_2.•C�F�..I;4,� . � a.:.:,::�;:_ Mail to: Frederick County Department of Parks & Recreation 107 North Kent Street Winchester, Virginia 22601 (540) 665-5678 Hand deliver to: Frederick County Department of Parks & Recreation County Administration Bldg., 2nd Floor 107 North Kent Street Winchester, Virginia Applicant: Please fill outthe information as accurately as possible in order to assist the Department of Parks & Recreation with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Application: Freedom Manor (Casey/Swisher to DuBrueler property) Rezoning Applicant Name: Greenway_Engineering Telephone: 540-662-4185 Attn.: Evan A. Wyatt, AICP Mail ing. Address: 151 Windy HillLane Winchester, VA 22602 Location of Property: Fronting on the east side of Papermill Road (Route 644), approximately 2,300 feet west-northwest of the intersection of Papermill Road and Front Royal Pike (Route 522 . Current Zoning: RA & RP Zoning Requested: RP Acreage: 47.54 Department of Parks & Recreation Comments: See Attached Pks. & Rec. Signature & Date: Notice to Department of Parks & Recreatlon - Please Return This Form to the ,:%,pplicant Il JUN 0 4 2004 By— 0 • FREEDOM MANOR REZONING COMMENTS Department of Parks & Recreation Comments: Based on the revised proffer statement dated May 28, 2004, staff recommends the developer be responsible for the construction of a 10' wide bicycle and pedestrian facility within the 20' non- exclusive easement intended for that use. Also, construction of the bicycle and pedestrian facility should meet this department's minimum standards and maintenance of said facility should become the responsibility of the development's home owners' association. No more than 50% of the required open space shall be within: lakes and ponds, wetlands or steep slopes. Staff has not received an open space summary for review. i Parks & Recreation Signature and Date: :7 • WINCHESTER REGIONAL AIRPORT SERVING THE TOP OF VIRGINIA / March 18, 2005 Andy Conlon Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 491 AIRPORT ROAD WINCHESTER, VIRGINIA 22602 (540) 662-2422 Re: Rezoning Comment — RA to RP Freedom Manor Shawnee Magisterial District Dear Mr. Conlon: We have reviewed the proposed rezoning request for Freedom Manor and it appears that the proposed rezoning request for residential will not impede operations at the Winchester Regional Airport. However, this proposed site does lie within airspace of the Winchester Regional Airport and residents in that area may experience noise from overflights of aircraft departing to and from the airport. We appreciate the opportunity to review these plans and your cooperation in ensuring the continuing operations of the Winchester Regional Airport. Sincerely, 1" S. R. Manuei Executive Director �� MAR 2 1 2005 p CI 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 C Hand deliver to: Frederick County Attorney Co. Administration Bldg., Suite 202 107 North Kent Street Winchester, Virginia 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, proffer statement, impact analysis, and any other pertinent information. Applicant Name: Greenway Engineering Telephone: 540-662-4185 Attn. Evan A. Wyatt, AICP Mailing Address: 151 Windy HillsLane Winchester, VA 22602 Location of Property: Fronting on the west side of Papermill Road (Route 644), approximately 2,300 feet west-northwest of the intersection of Papermill Road and Front Royal Pike Route 522). Current Zoning: RA & RP Zoning Requested: RP Acreage: 47.54 County Attorney's Comments: I Assi�County Attorne 's Signature & Date: — — O 'Y' Notice to C(I)nty Attorney-'1'1easc ReWrn 'I'I�is F()rIII to the Alplicant 0 0 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAY: 540/665-6395 February 6, 2002 Mr. Mark D. Smith, P.E., L.S. 151 Windy Hill Lane Winchester, VA 22602 RE: Request for Historic Resources Advisory Board (HRAB) Comments Casey Property Rezoning - Route 522 Dear Mark: Upon review of the Casey property. rezoning, it appears that the proposal does not significantly impact historic properties. HRAB comment is not needed and this item will not be scheduled for review at the HRAB's next meeting. Thank you for the .chance to comment on this application. Please call if. you have any questions or concerns. Sincerely, 411ij -.t J Rebecca Ragsdale Planner I RAR/kac UAC0NffvffT-ES\IPAB\Recommendations\CaseyRZ.wpd 107 North Kent Street -Winchester, Virginia 22601-5000 a 0 • Review Agency Comments: 1. Frederick County Dept of Planning & Development (no written comments) 2. Virginia Department of Transportation 3. Frederick County Dept Public Works 4. Frederick County Public Schools 5. Frederick County Sanitation Department 6. Frederick -Winchester Service Authority 7. Frederick County Dept of Fire Marshal 8. Millwood Fire & Rescue (no written comments) 9. Frederick County Dept of Park & Recreation 1O.Winchester Regional Airport 11.Frederick County Attorney 12.11istoric Resources Advisory Board File #3230/GAWajc L� IMPACT STATEMENT FREEDOM MANOR REZONING Shawnee Magisterial District Frederick County, Virginia TM 64-((A))-23 26.87 Acres April 21, 2004 Revised July 27, 2004 Revised October 7, 2004 Revised April 18, 2005 Current Owners: Steve A. DuBrueler, et als Contact Person: Evan Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 540-662-4185 File 1i3230/GAW/ajc Greenway Engineering 0 INTRODUCTION April 21, 2004 Revised July 27, 2004 Revised October 7, 2004 Revised April 18, 2005 41 Freedom Manor Rezoning FREEDOM MANOR REZONING This report has been prepared for the purpose of assessing the impact on Fredrick County by the proffered rezoning of a 26.87-acre subject property identified as Freedom Manor and owned by Steve A. DuBrueler, et als. The subject property consists of one parcel, that being: TM 64-((A))-23 containing 26.87-acres. The subject site is located on the east side of Papermill Road (Route 64-4), approximately 2,300 feet west-northwest of the intersection of Papermill Road and Front Royal Pike (Route 522). The current zoning is RA (Rural Areas) District. The applicants propose to conditionally rezone the 26.87-acre parcel from RA to RP (Residential Performance) District. (Reference Attachment 1. Location and Existing Zoning Exhibit for- Freedom Manor) Basic information Location: Fronting on the east side of Papermill Road (Route 644), approximately 2,300 feet west-northwest of the intersection of Papermill Road and Front Royal Pike (Route 522) Magisterial District: Shawnee Property ID Numbers: 64-((A))-23 Current Zoning: RA District Current Use: Agricultural, Unimproved Proposed Use: Residential, Single-family detached Proposed Zoning: RP District Total rezoning area: 26.87 acres Proposed build -out 70 Single-family detached residential lots File #3230/EAW/aje 2 Greenway Engineering 0 COMPREHENSIVE PLAN April 21, 2004 Revised July 27, 2004 Revised October 7, 2004 Revised April 18, 2005 IsFreedom Manor Rezoning The development proposal is in conformance with the Comprehensive Policy Plan, 1999, Southern Frederick Land Use Plan (SFLUP), map page 6.42.9. The site is within the Urban Development Area and the Sewer and Water Service Area. The property is located between two developing corridors (Papermill Road and Front Royal Pike), which includes existing residential and commercial land uses, and future planned unit development and mixed commercial land uses. Urban Development Area Expansion of the Urban Development Area (UDA) beyond its existing boundary is not required by this application. 2. Sewer and Water Service Area Expansion of the Sewer and Water Service Area (SWSA) beyond its existing boundary is not required by this application. A. SUITABILITY OF THE SITE A �racc The subject site, consisting of tax parcel 64-((A))-23, is located within a manmade boundary created by Papermill Road (Route 644) on the western frontage of the property and Front Royal Pike (Route 522) near the eastern side of the tract. The primary access to the subject site will occur through the construction of an entrance on Front Royal Pike (Route 522) and an entrance on Papermill Road (Route 644), with an eventual connection to the adjoining tax map parcel 64-((A))-19 immediately north of the site. A Generalized Development Plan (GDP) has been submitted as a proffered exhibit. The GDP identifies the general road layout, which prohibits access to Westwood Drive (Route 822). (Reference Attachment 4. Generalized Development Plan Exhibit for Freedom Manor) 2. Flood Plains The subject property can be found on FEMA NFIP map #510063-0200-B. The entire site is located outside the 100-yeas flood plain in designated "Zone C". File #3230/EAW/ajc 3 Greenway Engineering 0 3. Wetlands April 21, 2004 Revised July 27, 2004 Revised October 7, 2004 Revised April 18, 2005 Freedom Manor Rezoning There is approximately 0.35 of an acre of wetlands on this site. Any disturbance of this area will be in conformance with Army Corps of Engineers and Department of Environmental Quality permitting procedures. (Reference Attachment 2. Existing Wetlands Exhibit for Freedom Manor) 4. Soil Types The soil types contained in this tract have been obtained from the Frederick County GIS database. (Reference Attachment 3. Existing Soils Exhibit for Freedom Manor) The subject site contains the following three soil types: 3B Blairton silt loam 9B Clearbrook channery silt loam 41 D Weikert-Becks channery silt loam 2-7% slope covers approximately 18% of site 2-7% slope covers approximately 80% of site 15-25% slope covers approximately 2.0% of site Table 5 on page 123 of The Soil Survey of Frederick County, Virginia, identifies the Blairton Silt loam soils as prime farmland. The remaining soil types on site are not identified within this table. 5. Other Environmental Features The site does not contain areas of steep slope or woodlands as defined by the Frederick County Zoning Ordinance. B. SURROUNDING PROPERTIES Adjoining property zoning and present use: North: RP (Residential Performance) District RA (Rural Areas) District South: B2 (Business General) District RA (Rural Areas) District East: RP (Residential Performance) District RA (Rural Area) District West: RA (Rural Areas) District Use: Residential Use: Unimproved Use: Funeral home Use: Commercial cemetery Use: Residential Use: Residential/Commercial Use: Unimproved File #3230/EAW/ajc 4 Greenway Engineering April 21. 2004 Freedom Manor Rezoning Revised July 27, 2004 Revised October 7, 2004 Revised April 18, 2005 C. TRANSPORTATION Access to the site will occur through the construction of a primary entrance on Papermill Road (Route 644) and a secondary entrance on Front Royal Pike (Route 522). A temporary cul-de-sac will be provided at the northern property boundary to allow for a future inter - parcel connection. Front Royal Pike (Route 522) and Papermill Road (Route 644) meet at a signalized intersection just to the south of the subject property. The configuration of internal streets in this subdivision is designed to discourage cut through traffic between Front Royal Pike and Papermill Road. Plans for future access have been provided through a planned connection to the adjoining tax map parcel 64-((A))-19 located to the north. A deed restriction will be recorded which will prohibits access between the subject property, via the existing platted right-of-way, and Westwood Drive (Route 822). A Traffic Impact Analysis (TIA) has been prepared for the subject site by Patton Harris Rust and Associates, PC, dated July 22, 2004. At the time of the preparation of the TIA 120 lots were planned for the Freedom Manor project. Since that time the proposal has been reduced to 70 lots. The reduction in the number of lots reduces the overall impact, but the relative values reflected in the TIA remain generally the same. The TIA provides actual traffic counts for Papermill Road and Front Royal Pike, as well as AM and PM peak hour counts for the intersection of these two road systems. The TIA assumes ten VPD per household for the 120 lots projected at that time, resulting in an average daily traffic volume of 1,200 VPD for the project. The TIA includes background traffic volumes and also projects an average traffic growth rate of 5% on Front Royal Pike and Papermill Road. The additional traffic, coupled with the then 1,200 VPD from the Freedom Manor project result in a level of service (LOS) "B" for the impacted intersection at build -out. Furthermore, the link analysis for impacts to Front Royal Pike maintains a level of service "A" during both AM and PM peak hour, while the link analysis for impacts to Papermill Road result in a LOS `B" during both AM and PM peak hour. The results of the TIA demonstrate that the traffic impacts associated with Freedom Manor are acceptable and manageable. The applicants have incorporated a transportation proffer section as a component of the overall proffer statement. These proffers are provided to ensure that Frederick County and VDOT are provided with adequate guarantees for full intersection improvement design, construction and bonding and to address traffic calming measures internal to the project. These proffered measures coupled with the results of the TIA will adequately mitigate the transportation impacts associated with the Freedom Manor Subdivision. D. SEWAGE CONVEYANCE AND TREATMENT The 26.87-acre property is located in the southeastern portion of the Sewer and Water Service Area (SWSA). There is an existing 8" sanitary sewer main on the west side of Front Royal Pike adjoining the subject site. The principle collector line for the development's File t13230/EAW/ajc 5 Greenway Engineering • April 21, 2004 Revised July 27, 2004 Revised October 7, 2004 Revised April 18, 2005 0 Freedom Manor Rezoning sanitary sewer system will follow the northern boundary of TM 64-((A))-23 in a west to east direction of flow to the existing main. It will be connected to the main in accordance with Frederick County Sanitation Authority (FCSA) regulations. Impacts of the proposed rezoning on the sewage conveyance and treatment system are based on the proffered land use of 70 single-family detached dwelling units. Design figure estimates are based on 225 gallons per day (GPD) per single-family detached unit. The figures below represent the impact that this project would have to the sewage conveyance system and treatment system at full build -out of 70 dwelling units: Q = 225 GPD per dwelling unit Q = 225 GPD X 70 dwelling units Q = 15,750 GPD The proposed zoning is estimated to add 15,750 gallons per day to the public sewage conveyance system and the Opequon Wastewater Treatment Plant. The design capacity of the treatment plant is 8.4 million gallons per day, of which approximately 6.4 is currently being utilized. The total build -out of the proposed subdivision would require approximately 0.7 percent of the available capacity at the Opequon Waste Water- Treatment Plant; therefore, adequate capacity, source, and infrastructure are available for this development. E. WATER SUPPLY The 26.87-acre property is located in the southeastern portion of the Sewer and Water Service Area (SWSA). There is an existing 8-inch water- line along Westwood Drive adjoining TM 64-((A))-19. A 20-inch main, located on the east side of Front Royal Pike, is a major transmission line from the James Diehl Water Treatment Plant. Impacts of the proposed rezoning on the water supply system are based on the proffered land use of 70 single-family detached dwelling units. Design figure estimates are based on 275 gallons per day (GPD) per single-family detached unit. The figures below represent the impact that this project would have to the water supply system at frill build -out of 70 dwelling units: Q = 275 GPD per dwelling unit Q = 275 GPD X 70 dwelling units Q = 19,250 GPD The proposed development would utilize an estimated 19,250 gallons per day. The James Diehl Water Treatment Plant serves the subject area. The treatment plant provides approximately four- million gallons per day of potable water. The projected water usage at build -out would account for less than one percent of the current source; therefore, adequate capacity, source, and infrastructure are available for this development. File #3230/EAW/ajc 6 Greenway Engineering 0 F. SITE DRAINAGE April 21, 2004 Revised July 27, 2004 Revised October 7, 2004 Revised April 18, 2005 40 Freedom Manor Rezoning The 26.87-acre site has a topographic, high spot approximately half way between Papermill Road (Route 644) and Front Royal Pike (Route 522). Approximately 6 acres of the site drains west towards Papermill Road (Route 644) and approximately 20.87 acres flows east towards Front Royal Pike (Route 522). An onsite storm water management pond is proposed to control the increased run-off. Detailed stormwater management design will be conducted during the subdivision design plan process, which will include impacts to the downstream channels and drainage strictures, as well as as -built conditions of the existing on -site ponds for stormwater retention. These design criteria will be developed to the satisfaction of the County Engineer. G. SOLID WASTE DISPOSAL The impact on solid waste disposal facilities can be projected based upon each household having an annual average volume (AAV) of 5.4 cubic yards of landfill volume (Civil Engineering Reference Manual, 41h edition). The following figures show the increase in daily volume based on the proffered density of 70 dwellings. AAV = 5.4 cu. yd. per dwelling AAV = 5.4 cu. yd. X 70 dwellings AAV = 378 cu. yd. It is estimated that the proposed development will provide an approximately .7% increase in solid waste generation annually. The Municipal Solid Waste portion of the Regional Landfill has the capacity to accommodate this increase in solid waste generation. H. HISTORICAL SITES AND STRUCTURES 1. Virginia Division of Historic Landmarks The only historic landmark in the immediate vicinity inventoried by the Virginia Division of Historic Landmarks is the Evandale School, file #34-433. The former schoolhouse has been converted to a private residence. 2. Winchester Regional Preservation Office Department of Historic Resources There were no archeological artifacts found on the site. The Historic Resources Advisory Board (HRAB) reviewed the previous rezoning proposal for much of the subject property, then known as the Doris Casey rezoning. The HRAB provided a letter dated February 6, 2002, stating that development of the Doris Casey File #3230/EAW/ajc 7 Greenway Engineering 0 April 21. 2004 Revised July 27, 2004 Revised October 7, 2004 Revised April 18, 2005 0 Freedom Manor Rezoning property would not significantly impact any historic sites. The Frederick County Department of Planning and Development has determined that further HRAB review is not necessary at this time. 1. OTHER IMPACTS The Frederick County Capital Facilities Fiscal Impact Model has been applied to the proffered to the proffered development of 70 single-family detached dwelling units. The results of this model run indicate that the development of the subject site will result in a net fiscal impact of $9,845 per dwelling unit. The applicants have proffered a monetary contribution consistent with the results of the fiscal model run to adequately address this matter. Attachments: 1. Location and Existing Zoning Exhibit for Freedom Manor 2. Existing Wetlands Exhibit for Freedom Manor 3. Existing Soils Exhibit for- Freedom Manor 4. Generalized Development Plan Exhibit for Freedom Manor 5. Conditional Zoning Proffer Statement for Freedom Manor File ##3230/EAW/ajc 8 Patton Harris Engineers. Surveyors. PR+A H Rust & Associates, pc Planners. Landscape Architects. 208 Church Street, S.E. Leesburg, Virginia 20175 Phone: 703.777.3616 Fax: 703.777.3725 To: Organ izationlCompany: From: Date: Project NamelSubject: PHR+A Project file Number: Evan Wyatt Greenway Engineering Michael Glickman, PE July 9, 2004 Freedom Manor 13083-1-0 Memorandum Patton Harris Rust & Associates, pc (PHR+A) has prepared this document to present the traffic impacts associated with the proposed Freedom Manor site to be located northwest of the Papermill Road/Route 522 (Front Royal Pike) intersection in Frederick County, Virginia. The project is to include a total of 120 single family detached residential units with primary site -access to be provided along Route 522 and secondary site -access to be provided along Papermill Road. The development will be built -out in a single transportation phase by the year 2006. PHR+A has provided Figure 1 to illustrate the location of the Freedom Manor site with respect to the surrounding roadway network. Methodology The traffic impacts accompanying the Freedom Manor site were obtained through a sequence of activities as the narratives that follow document: • Assessment of background traffic including other planned projects in the area of impact, 0 Calculation of the Freedom Manor trip generation, • Distribution and assignment of the Freedom Manor generated trips onto the completed roadway network, • Analysis of capacity and levels of service using the newest version of the highway capacity software, HCS-2000, for existing and future conditions. Page 1 of 11 Patton Harris Rust & Associates, pc No Scale �;npcn�ft'd v �s a� �n a y SITE Memeiial Pak RA k 1• Freedom Manor Figure 1 Vicinity Map • Memorandum To : Evan Wyatt Page 2 of 11 Engineers 9 Surveyors 9 Planners 9 Landscape Architects • Patton Harris Rust & Associates, pc Existing Conditions • Memorandum To: Evan Wyatt Page 3 of 11 PHR+A conducted AM and PM peak hour manual turning movement counts at the intersection of Papermill Road/Route 522 (Front Royal Pike) in Frederick County, Virginia. In order to determine the ADT (Average Daily Traffic) along the study area roadway links, a "k" factor (the ratio of PM peak hour traffic volumes to 24-hour traffic volumes) of 9.2% was calculated based upon existing traffic volumes (design hour and 24-hour) published by the Virginia Department of Transportation (VDOT). Figure 2 shows the existing ADT and AM/PM peak hour traffic volumes at the intersection of Papermill Road/Route 522. Figure 3 shows the respective existing lane geometry and AM/PM peak hour HCS-2000 levels of service. All traffic count data and HCS-2000 levels of service worksheets are included in the Appendix section of this memorandum. 2006 Background Conditions PHR+A increased the existing traffic volumes along Papermill Road and Route 522 using a conservative growth rate of five percent (5%) per year through Year 2006. Figure 4 shows the 2006 background ADT and AM/PM peals hour traffic volumes at the intersection of Papermill Road/Route 522. Figure 5 shows the corresponding 2006 background lane geometry and AM/PM peak hour HCS-2000 levels of service. All HCS-2000 levels of service worksheets are included in the Appendix section of this memorandum. Trip Generation The total trips produced by and attracted to the Freedom Manor site were established using equations and rates provided in the 7`h Edition of the Institute of Transportation Engineers' (ITE) Trig Generation Re�ott. Table 1 shows the trip generation results for the proposed Freedom Manor development. Table 1 Freedom Manor Trip Generation Summary AM Peak Hour PM Peak Hour Code Land Use Amount In Out Total In Out Total ADT 210 Single -Family Detached 120 units 23 70 93 80 47 126 1,200 Total 23 70 93 80 47 126 1,200 Engineers 9 Surveyors 9 Planners 9 Landscape Architects • Patton Harris Rust & Associates, pc No Scale Figure 2 Existing Traffic Conditions Memorandum To: Evan Wyatt Page 4 of 11 AM Peak Hour(PM Peak Hour) Engineers • Surveyors • Planners . Landscape Architects Patton Harris Rust & Associates, pc Memorandum To: Evan Wyatt Page 5 of 11 No Scale Links Analysis LOS = A(B) :l �1. + Figure 3 SITE O b Links Analysis LOS = A(A) Signalized Intersection d �!1 LOS = B(B) AM Peak Hour(PM Peak Hour) Existing Lane Geometry and Levels of Service Engineers 9 Surveyors • Planners 9 Landscape Architects 0 • Patton Harris Rust & Associates, pe Memorandum To: Evan Wyatt Page 6 of 11 No Scale 'd a � H O o� o �-d 522 SITE o '•� V w 0 1 N �1 t (99)A3'1 000 V� �p V 522 AM Peak Hour(PM Peak Hour) X. Figure 4 2006 Background Traffic Conditions Engineers • Surveyors • Planners • Landscape Architects • Patton Harris Rust & Associates, pc • Memorandum To: Evan Wyatt Page 7 of 11 Engineers 9 Surveyors • Planners 9 Landscape Architects 0 Patton Harris Rust & Associates, pc TRIP DISTRIBUTION Memorandum To: Evan Wyatt Page 8 of 11 The distribution of trips was based upon local travel patterns for the roadway network surrounding the proposed site. Figure 6 represents the distribution percentages for trips produced by and attracted to Freedom Manor. 2006 BUILD -OUT CONDITIONS The Freedom Manor assigned trips (Table 1) were added to the 2006 background traffic volumes (Figure 4) to obtain the 2006 build -out conditions. Figure 7 shows the 2006 build -out ADT and AM/PM peak hour traffic volumes at the intersection of Papermill Road/Route 522. Figure 8 shows the corresponding 2006 build -out lane geometry and AM/PM peak hour HCS-2000 levels of service. All HCS-2000 levels of service worksheets are included in the Appendix section of this memorandum. CONCLUSION The traffic impacts associated with the build -out of Freedom Manor are acceptable and manageable. The following details the HCS-2000 levels of service results: HCS-2000 "Signals" Intersection Analyses: The intersection of Papermill Road/Route 522 will operate with levels of service "B" or better during existing, 2006 background and 2006 build -out conditions. HCS-2000 "Multi -lane" Link Analyses: Route 522, north of the intersection of Papermill Road/Route 522, will operate with levels of service "A" during existing, 2006 background and 2006 build -out conditions. HCS-2000 "Two-lane" Link Analyses: Papermill Road, west of the intersection of Papermill Road/Route 522, will operate with levels of service "B" or better during existing, 2006 background and 2006 build -out conditions. Engineers 9 Surveyors 9 Planners 9 Landscape Architects Patton Harris Rust & Associates, pc Memorandum To: Evan Wyatt Page 9 of 11 f-T. _, _ Figure 6 Trip Distribution Percentages Engineers 9 Surveyors 9 Planners • Landscape Architects 0 Patton Harris Rust & Associates, pc Memorandum To: Evan Wyatt Page 10 of 11 No Scale w 0 soda o b x 522 SITE N � / N o J � pea) 64-" % N N F.. C g 522 AM Peak Hour(PM Peak Hour) �T Y!'\ _A Figure 7 2006 Build -out Traffic Conditions Engineers • Surveyors 9 Planners 9 Landscape Architects • Patton Harris Rust & Associates, pc Memorandum To: Evan Wyatt Page 11 of 11 No Scale � H7 0 oa w b Links Analysis LOS = A(A) 522 Links Analysis SITE LOS = B(B) Signalized Intersection LOS = B(B) J11 522 AM Peak Hour(PM Peak Hour) n Yn I- n JL. JA.- . Figure 8 2006 Build -out Lane Geometry and Levels of Service Engineers 9 Surveyors 9 Planners • Landscape Architects Over the past several months the UDA Working Group has been working to establish an approach to the study of the County's Urban Development Area. The efforts of the group have focused around two key areas. Firstly, the development of goals for the UDA Study that portray the guiding principles or philosophies envisioned for the study. Secondly, the solicitation and involvement of key stakeholder groups in the initial stages of the study. The group engaged several key stakeholder groups in an effort to fully understand the concerns of these groups, what impact development patterns within the UDA would have on these groups, and potential approaches that could be incorporated into the UDA Study to address the needs of these groups. This report is provided in summary of the efforts of the UDA Working Group and an identification of important issues to be addressed in the study. This report also serves as a basis for future direction. Goals for the UDA Study. • Promote a balance of housing opportunities to address lifestyle, size, cost, and availability. • Adopt a philosophy of development that concentrates on creating neighborhoods which incorporate residential, retail, educational, and public uses, commercial services, opportunity for employment, and institutional and recreational resources. • Provide for a comprehensive transportation system that enhances local and regional connectivity and incorporates all types and modes of transportation. • Achieve a business development strategy that seeks to provide appropriate locations for commercial and industrial opportunities and seeks to achieve a balanced ratio between the residential and commercial/industrial growth of 60 percent residential to 40 percent commercial/industrial (60/40) within the UDA/SWSA. • Provide adequate areas for regional, community, and neighborhood parks and ensure broad access to a variety of recreational opportunities. • Identify criteria and principles to guide future modifications of the UDA/SWSA. • Develop principles that address the future land needs of the school system, guide the location of school facilities, and promote collaboration. • Develop a water and sewer facilities plan that is designed to facilitate the County's UDA/SWSA land use planning efforts. • Identify and sustain green infrastructure and protect the County's environmental systems and resources by preserving green space and open space linkages and connectivity. • Establish a creative system of rewarding innovative residential and commercial development practices in the UDA that further the vision of the UDA and the goals of the Comprehensive Plan. Endorsed by the CPPS on April 11, 2005 (modified UDA Working Group 06107105) Stakeholder Groun Summaries. Frederick Countv Sanitation Authori The FCSA is currently embarking on a study of the long range wastewater facility needs of the community and an update to the water and sewer facilities plan. A significant impact from evolving nutrient reduction regulations is anticipated. Nutrient Cap allocations and TMDL (Total Maximum Daily Load) regulations promulgated by the State will have an impact on development within the UDA. Planning efforts should be cognizant of State regulations and cap limits proposed for the Parkins Mill and Opequon wastewater facilities, and the future Crooked Run facility. The opportunity exists to coordinate the planning efforts of the FCSA/FWSA and the UDA Study to ensure a valid land use plan that respects the limitations and opportunities of the water and sewer resources available to Frederick County. Frederick County Parks and Recreation. Update of community parks and recreation needs assessment based upon recognized recreational standards should be performed. Evaluation of current park policies pertaining to the type and location of new facilities is warranted. Community should place a greater emphasis on joint use of facilities for a variety of entities and uses. Increased focus on community scale parks approximately 30 - 50 acres in size. Clearbrook Park has a limited existence as presently used. The County should anticipate the need for an additional regional park within the UDA. Greater emphasis should be placed on the provision of pocket and neighborhood parks by the development community in conjunction with new development projects. Connectivity — The importance of providing linkages between trails, parks, opens spaces and community uses should be a prominent element of future planning efforts. Industrial Parks Association. The IPA expressed immediate and long-term concerns regarding the lack of an available labor force and a lack of affordable housing to accommodate the labor force. The inventory of available and planned industrial sites should be evaluated and enhanced. The community, Winchester and Frederick County, should seek to improve its coordination of utility facility planning efforts. Frederick County Public Schools. Based upon anticipated number of units (UDA Report), the following school facility needs can be anticipated to be needed within the next 7 — 10 years to address current growth within the UDA. Number of RP units (UDA chart): 9,491 Number of Students: 6,644 (9,491 *0.7) Elementary (*0.39) 3,701 FCPS Goal enrollment 550 Students (6.73 Elementary Schools) Middle (*0.14) 1,329 FCPS Goal enrollment 850 Students (1.56 Middle Schools) High (*0.17) 1,613 FCPS Goal enrollment 1350 Students (1.19 High Schools) All Elementary School Facilities within the UDA are presently at or above programmed capacity. The next two elementary schools to be constructed will relieve capacity issues at existing facilities. It is anticipated that they will immediately meet their programmed capacities. Capital Improvement Planning is of primary importance. Efforts to address the capital needs of the school system, and potentially other public agencies, within the Comprehensive Plan and CIP should be a priority effort in conjunction with the study of the UDA. Land acquisition policies for public and school use should be addressed. Inventory, location, development proffer guidelines, and the joint use of community facilities are components of the Comprehensive Plan to be further developed. Development of an enhanced relationship between the schools, planning, and parks and recreation departments and boards should be fostered to enhance collaboration and facilitation of future planning and operational needs of the County. A joint Capital Facility Planning Group could be established as a result of the UDA Study that would provide facilitation and direction in the County's future Comprehensive Planning and Capital Improvement Planning efforts. Stakeholder Participation Continued. The UDA Working Group has identified additional stakeholder groups who should be engaged during the following stages of the UDA Study. These groups include the Design & Engineering Community, the Top of Virginia Building Association, the Economic Development Commission, the City of Winchester, the Chamber of Commerce, Real Estate Association, Home Owner Association Groups, the Winchester Wheelmen, and large landowners from within the UDA. Other Public Agencies with community facility needs will also be engaged during the UDA Study. These agencies would include the Frederick Winchester Service Authority, the MPO, Winchester Regional Airport Authority, Frederick County Departments of Emergency Services, the Handley Regional Library, and Frederick County Department of Public Works. Statement of intent. The UDA Working Group believed it was important to develop an all encompassing sentence or statement that effectively summarized the purpose of the UDA Study. To that end: The UDA Study will address the 21" century needs of the urbanizing areas of Frederick County. The study shall identify planning and development principles to affect a land use plan that is proactive and creative, that will meet growth demands, assure a sustainable community, and maintain a high quality of life for its citizens. Summary. As previously noted, this report is provided in summary of the efforts of the UDA Working Group to date and an identification of important issues to be addressed in the study. Please consider the information contained in this report as you evaluate future land use decisions. This report also serves as a basis for future direction for the UDA Study. Any input offered by the Board at this point in the UDA Study process would be greatly appreciated. The UDA working Group will continue to meet with additional stakeholders and further define a strategic scope to the UDA Study based on input received. Please feel free to contact myself, Mike Ruddy, or Mr. George Kriz, Chainnan of the UDA Working Group Study effort with any input you would like to offer. Mike Ruddy, AICP Deputy Director, Department of Planning and Development (540) 665-5651 mruddy@co.frederick.va.us George Kriz Chairman, UDA Study Working Group (540) 667-1663 gkriz@visualliiik.com I q ' - 17 • MINOR I SUBDIVISION OF THE LAND STAMW IN THE AAME i DORIS SMWNEE MAGS7M4L DSWT FROMCK JANUARY • 2002REWSE9.-II ITS 'o—amirm !, 11% � Alm OWNER'S CERMMATE THE ABOVE' AND FOAEG04W SUBONTSION OF A PORTION OF THE LAND OF DORIS F. CASEY, AS APPEARS ON THE ACCOAFANYING PUTS, IS WITH THE FREE CA' aW MID IN ACCORa4NCE WTH THE DENRES OF THE 000?SAWED OWNERS, PROPRIETORS, AND TRUSTEES', 1F AN ?Y. OF NRQAa4 Y CITY.1 6,2NTY Fi-ede cj - To WIT.• TH£ FaWGOING OWNER'S COMFICATE WAS ACKNOWLEDGED BEFORE ME 7HIS• 54+_ W OF 2023 BY T:WiS r (205ey NOTARY PUBLIC , M COMMISSION &ny?fs Fe b v� 7A ; Z,004- SURVEYOR'S CERTIFICATE -j I HEREBY CERTIFY THAT TIME LAND CONTAINED IN THIS MINOR RURAL SUBDMSION IS A PORTION OF THE LAND CONVEYED TO DORIS F. CASEY, BY WILL D TED FE&4I.44RY l R£COADED IN THE FREDERICK COUNTY CIRCUIT COURT CLERK'S OFFICE IN WA 6. I MARK D. SM17H, LS. P1lBE11� TAX PARCEL IDEN7IFIGAT70N DORIS F C.ASEY W 64-((A))-23 30.31OO ACRES ZONE RA USE RESIDIVACANT FAMILY DMSKIN GRMITEE NEW T.M. 64-A 23A 3.4J67 ACRES - ROBIN LEIGH CASEY (DAUGHTER) APPROVALS 04 01 $ w vs WE ,G2.OvL'aj DAT E DARK D. SM11 No.002009 7•ZH• 0'� 151 IMMY HILL LANE ■ u Fngineers . VA. 226M Survyprs TzLx&mL Z: (540) OU-41W FAX. (540) 722-9526 towtd�d 1n 1971 www.p•/mwgmi.00m 3230 SHEET 1 OF 4 Q ADJOINING PROPERTY TABLE co TAX ID. OWNER REF. ZONE USE TM 64D-((A))-27 LO ISE C. M ADK�,AAN c4: D.8. 832, PC 562 RP RFSID, ROXAIVE LOUSE 94OW TAI 640-((A))-28 LOU45E C. 9 064V & D.B. 832, PG. 562 RP VACANT ROXANN£ LOUISE MAD/GA/V Q TM 64D-((2))-A - 1 ROBERT Al. LARGDVr & D.B. 887, PG 1122 RP RE37D PATSY 0. LARG£NT Q TM 54D-((2JJA-2 EFFREY B. DODD & D.B. 931, PG 7,55 Rp RESID. BREJVD4 S DOOD ® TAI 64D-((2))-A-3 RAYAIONO N. A94THEW & D.B. 458, PG 823 Rp VACANT C JEAN MATHEIN Q TM 64D-((2))-A-4 CHARLES W. MIDKIFF h D.B. 356, PG 509 RP RES10, BARBARA L MlWfF Q TM 64D-((2)) A-5 PAUL D. B90OKS & D.B. 843, PD 1700 RP RESID. W1LL£NE C BROOKS Q TM 64D-((2))-A-6 Ja~ H. ANDERSON D.B. 317, PG. 101 RP RESID. Q TM �-((1)J-BA ROBERT 0. DETZEFSEN & D.B. 541, PG. 591 RP Rao. MILDRED L. DET=EN TM 64-((A))-20 CLAUD14 JEAN SWISHER D.a 583, PG. 355 RA VACANT TM 64-((A))-21 ClAUDIA JEAN SWISHER D.B. 583, PG. 355 PA VACANT LINE TABLE LEGEND: a% - BUILDING REY7RX-n0N LINE PIER ZANIW a ffi4NCE IRS - IRON RESW SET IRF = IRON REBAR FOUND IPF - IRON PIPE fOUND MON. - CONCRETE A/ONUMENT FOUND — £ — - OVfRNEAD ELECTRIC LINE FENCE LINE ACREAGE SUMMARY NEW TAX PARCEL 64-A-234 = 3.4367 ACRES RESIDUE OF TM. 64A-23 = 26.8733 ACRES TOTAL AREA SUBDIVIDED = 30.3100 ACRES NOTES: 1. NO ME R£PORT RIRN/SHED. EASSWENT5 OTHER TNAN SHOWN WY EXIST. 2. THE BOUNaW /NFDRALATION IS SCM ON A CURRENT f7ELO SURVEY BY THIS nRM 3. THE BOUXORY SHOWN HEREOW LIES ENTIRELY WTTf NV ZONE C, AREAS OF MlN/AML FLOODING, PER FE w F.I.2Al. COMMUNITY -PANEL j 510w-0200 B DATED JULY 17, 1m RENS£!Y. JULY 24 2003 RIWL PLAT FOR MINOR RURAL SUBDIVISION TH FAMILY DIVISION OF THE LAND STANDING /N IHE NAME OF DORIS F. CASEY SNAWNEE MAGLSTERIAL DI57R/CT, FREDERICK COUNTY, WRGlNw MARK D. SMITH SCALE: N/A I DATE: JANUARY 9, 2002 No.002009 GREENWAY ENGINEERING 151 W24DY E, LANE Engineers WINCES s& VL 226M SUFt Surveyors eta) e62-41ee rya: (eta rat-cers Found d in 1971 mn► v+geas 3230 SHEET 2 OF 4 • CD POST L ROAD (3.23) TM 63-((A))-146 �WERIDIAN ON SOU 644 THOMAS W. BR£EDLOVE & VIRG/NIAjD P��QUS v��£S �D BJ M1 99 99 MABEL L. BREEDLOVE , -I-/991 5 O.B. 401, K 672 r PER CPS OBSERVATION POND ZONE RA USE RE510. ZgZ3�X �- L� 1 NiIE `��' \ 1, IPF Q, (O.J1) N i I \ � � IRF C0mpoy "obi I V1RC+l�5£YENT �l 6 I EI,��EcT� q PG 285 r g E E 3 TM 64-((3))-A SHENANDCM I53 MEMORWL PARK, INC. D. B. 934, PG. 694 Ln ZONE' RA USE: CEMETERY RESIDUE OF TM 64-((A))-2J 26.8733 ACRES � �11) try $ h W�m � h o r 2 30' aft IRF S 02',55 O 1- E lPF M O o, B60.OB' Li. EE, SHEET 4 TM 64- 3 Al IRF I G\ V W D. B. U 5. PG. J7 m I I� 4 67 ACRES\ i O IRSJ L7 � L6 � L5 - IRS Ex. 20' PAVA FRONT ROYAL PIKE sw. SE*" Mr.. ROUTE 522 D.B. 902, PC. I.ISB R/W VARIES 250 0 125 250 GRAPHIC SCALE (IN FEET) L1 TM 64D-((A))-30 ANN S. CROSS D. B. 761, PG. 512 SEE SHEET 2 FOR NOTES, LEGEND, AND LINE TABLE REVISED: JULY 24, 2003 MINOR RURAL SUBDIVISION (FAMILY DIVISION) OF THE LAND STANDING IN THE NAME OF DORIS F. CASEY SHAWNEE MAGISTERIAL DISTRICT, FREDERICK COUNTY, V/RG/NLA SCALE: 1" = 250' 1 DATE: JANUARY 9, 2002 GREENWAY ENGINEERII 151 WINDY HILL LANE Engineers WINCHESTER. VA. 22802 Surveyors TELEPHONE: (540) 862-4185 FAX_ (540) 722-9528 Founded in 1971 www.groonwayeng.com Vvvv`/ ARK D. SMITH a No.002009 �7Z4�3 4 OF 4 MW • o v� M£RIOW/y &ISED ON NRC/N/A GRID NAD 8j (1991) F'£R i rn GP'S OBS£RVAT10,I ci � 1 i f RESIDUE OF TM 64-((A))-23 SEE SHEET 3 I RFO46008/PF IRI EXIS1kMC EMMiG o, PARYaW Nousf ARIA � O �V IR ex.. 15' r 4 V Q� � CRA1/E1 Q 1 rFAMILY DMS/ON LOI� . 2 NEW TAX PARCEL f 64-A-23A o 4i I I J. 4J67 ACRES 60'� Lam- ----- IRS L7 L6 L5 IRS Q: 20 PRWATE ROUTE 522 S". SEWDe Ewr. D.B. 902, PC. 1356 R/1Y VARIES 100 0 100 CWHIC SCALE (IN FEET) SEE SHEET 2 FOR NOTES, LEGEND, AND LINE TABLE FINAL PLAT FOR MINOR RURAL SUBDIVISION (FAMIL Y DIVISION OF THE LAND STANDING IN £ NAME OF DORIS F. CASEY SHAWNEE MAGIST£RAL D/STR/Cr FREOERICK COUNTY, ORGINA SCALE: 1" = 100' I DATE: JANUARY 9, 2002 GREENWAY ENGINEERING 151 WINDY HILL LANE Engineers "CHISTER, VA. 22602 Surveyors 'TELEPHONE: (540) 882-4185 FAX: (540) 722-9628 REVISED: JULY 24, 2003 1W V M y� MARK D. SMITH 9 No.002009 �� su Rv�- 4OF4 in 1971 (19YI) Z ORIGNAL TRACT "�koN o 7M �/�iNw�"23 w DO F. 1 w.a 91, Aa 5M J" 0o ACRES LiREAMUCER MACT 16.87M Atoms LOT IRS L7 _ EX 20' SW EW. 04 M PG 13M S 02'J5'01 E so.o"*` NEW LOT \ 314367 ACRES r� L6 L5 ROUTE 522 R1*# VAWS ,T_= IRS VIRGINIA FREDERICK MUNTY, SCr. This instntmcut of writing wia produmd to me on ` and with cenifc;ate of acknowledgement theretasnnexc. was admitted to record. T imposed by Sec. 58.1-802 o' 100 o too SC,a I 1 DD S-4L , and 58.I-01 have been paid, if a=saa 1c 4e-4 A.,� , Clerk cd c X- V� Y `° ` MER/DlgN BAscc QN `. WaNIA GRID99 L I -PER CPS 085ERVA770N b I RESIDUE OF TM 64-((A))-23 w SEE SHEET 3 1 1RF N' 02'J5'0I " W 1PF 450.08 r ec�caMc IRF ( £xISTtMC 50' 6w EXISTING PARS MfX/SE" AREA IRF £X. 15� c^ Q ►7 GRAVEL Rf)�D ! V a j 1 r--1 r-q ' ` F--AMILY DIVJ$/ON LOT 2 Coe NEW 64 APARCEL A 23Ao J. 4J67 ACRES 60 IRS L7 L6 LS 10 IRS Ex 20' PRMATE ROUTE s22 SW.. ES�VT. D.& 902, PC. IJ56 R/W VARIES 100 0 100 GRAPHIC SCALE SEE SHEET 2 FOR (IN FEET) NOTES, LEGEND, AND LINE TABLE F-lAw PLAT FOR MINOR RURAL SUBDIVISION (FAMILY DIVISION) OF THE LAND STANDING IN rHE NAME OF DORIS F. CASEY SHAWNEE MAGISTERIAL D/SrRICr, FREDER/CK COUNTY, VIRGINIA SCALE: I" = 100' T DATE: JANUARY 9, 2002 GREENWAY ENGINEERING 151 WINDY HILL LANE Engineers WINCHEMR, VA. 22602 Surveyors 'TELEPHONE: (540) 662-4185 FAX: (540) 722-9628 Foundrd to 1971 www.gr"nwayeng.com REVISED: ,1ULY 24, 200J py' %V VVv� MARK D. SMITH v No. 002009 7 SHEET 4 OF 4 4 I c� z z ry O N 'ROW Nmr LLD W c c N Z T y N r LW U Qo Ili _ >c ? X T.M. 64-((A))-20i" u j — Q O 0 _— WESTWOOD RIPE > 00� v i 3B VINEI-Ap---- ---- L- i"� F— � m Z = O U)(D IX Z o � Q�> Q � �WZ Laurel�vood Drive O 02 OD _o _.— �- -- cn LLO c� Z LU LU Uj SOILS LEGEND ~ w Z w �LU LU WETLAND AREAS LU `n 3B-BLAIRTON SILT LOAM, 2-7% SLOPES ® _.. 9B-CLEARBROOK CHANNERY SILT LOAM, 2-7% SLOPES 41D-WEIKERT-BERBS CHANNERY SILT LOAM, 15-257. SLOPES DATE: 4/20/05 Shenandoah MH SCALE: 1"=400' rf DESIGNED BY. HNW/EAW / JOB NO. 3230 / / SHEET 1 OF 1 l*w RAw Pu r FoR MINOR RURAL SUBDIVISION (FAMILY AWSM) r' OF THE LAND STAWWO IN THE MME OF DORIS F. CASEY SHAWNEE M 4QSWW4L DISTRICT, FROOKK COUNTY MOM JMUARY 9, 2002 REWSED: JULY 24, 2003 1 " 1Lf� "Y t .• V . ,k �Y '- h � err � •''. OWAW? *S CERTIF7WE THE A80W AND FVAWMW SUBDAIDION OF A PORTION OF THE LAND OF DORIS F, CASEY, AS APPEARS ON THE AGICOMPANf7NG PLATS, IS WITH THE FREE CONSENT AND /N ACCofiWXE 0 7H THE DGEW RES OF THE WDD?SWM OWNERS, PROPRIETORS, AND TiRUSTEFS, IF ANY I &. A &!� COVA00WE AUH OF NRGIM4 CITY / NlY C;-ederic.k- , 70 WIT: THE FOREGOING OWNER'S CER71fTCATE WAS ACKNOWLEDGED BEFORE ME THIS 5ffi DAY OF, & . 2W3 BY _Ib dCi Sep! --._..._ 0. 0 "T u )Q ft mm(aa! & a- a.Lg ats nr�c. t SURVEYOR'S CERTl1`'ICATE I HEREBY CERTIFY ThAT THE LAND CONTAINED IN THIS MINOR RURAL SUBDMSION lS A PORTION OF THE LAND CONVEYED 70 DOR/S F. GSEY, BY WILL 04AW FEW WIRY 1 RECORDED IN THE F7RREDER/CK COUNTY CIRCUIT COURT CLERK'S OfFrE INum, A6. MARK D. SMITH, LS FAMILY MJWN RWN LEIGH C4SEY/ a' APPROVALS: 44/ z� Of FREDERCK COUNTY SUBD&SM ADMINISTR 7 R WE PellG� ,G2.0litoj FREDERICK COUNTY S4WA7TON AUTHORITY LIAX GREENWAY ENGINEi Engineer 1 of lymmiR, VL um Stlrva ors 'PII"BMW (640) ow-4185 FAX (640) 722-95W MARK D. SMITH 5 No.002009 7,Zq- O'i,&-J 3230 SHEET i OF 4 in ! • Q AD410INING PROPERTY TABLE TAX I.D. OWNER REF. °D ZONE USE TM 64D—((A))27 LOUISE C. AI4mm & ROXW LOWE 94DIrAN as 8m, PG. 562 RP RMD, 7M 640—((A)) 28 LOMW C. A49MW & ROXAME LOUISE Ai4D4W D.B. 831„ PG. 5,62 Rp VAQW © 7M 640—((2)) A-1 ROB£RT M. LARGE VT & PATSY G! LARGENr D.B. 887, Ac. 822 RP fimD. QD TM 640-((2)) A 2 JUMEY B. DADD STMDA B DODD D.B. 931, Pa 755 —RP1 RMD. ® TM 64D—((2))A-3 RAYMOND N. A44TIVEW & E JEAN U47NEW D.B. 454 PG. 823 Rp VACANT ® TM 64D—((2)) A-4 CMAUS W. WDVFF & BARBARA L AIIDKIfF D.B. M6, PG. 509 RP 1 RESID. © IJW 64D—((2)) A-5 PAUL D. BiWOKS & N9U.ENE C. BROOKS D.B. 843, PrG 1700 RP RESID. 0 7M 64D—((2)) A-6 JO~ H. ANDoERSON D.B. 317, PG. 101 RP REW. TAW 640—((1))—" Roar a DE7LEF.SEN & D.B. 541, PG. 691 RP MLDRE•D L DE7ZFFSEN RESID. TJW 64—((A)) 20 C AUM JEAN SWISHER D.B 583, PI, 355 RA VACANT TM 64—((A))-21 CIAUDW JEAN SWISHER D.B. 50, PG. J55 RA YAGKI UNE TABLE UNE BEaR/NG DISTAMCE 1.1 S 05'39 v E 16.96 L2 N 8SW 37 W 298.53 L3 S 03'46 37 E 236.38 1.4 N 86*41 Tjw E 301.46 A. L5 S 05'39 03 £ 159.94" L6 S OB'20 44' E 152.12' L7 S 0S'20 02 £ 166.64' L8 S 87'0820 W 189.83 L9 S 86*5825 W 66.6 L 10 1 N W2142 W 73.15' 01 1 N 31007 41 W 52.0 NOTES: LEGEND: PG? ZOAfAMG OM?iQ MCE IRS = IRON REW SET IRF = IRON RER4R FOUND IPF = IRON PIPE FOUND MON. = CONCRETE AOVA( /W fWND —" E —• — OVERNFAD EIECIRIC LINE X --, = FE PVC£ UN£ ACREAGE SUmmARY NEW TAX PARCEL 64 A-234 = 3.4367 ACRES RESIDUE OF 7-M. 64A 23 = 26.87M ACRES MAL AREA SUBDAVED = M.3100 ACRES 1. NO TITLE REPORT FURNISHED. FA.SE7WENIS OTHER NO SHOWN A44Y EXIST. 2. 1NE BOUAGWY /NFORA447DV IS RASED ON A CURRENT FIELD SURVEY BY THIS FIRM. 3. THE BOUNL14RY S&W W?S W LIES EMTRELY W17M ZONE C,; AREAS OF MWIANL FLOODING, PIER FEW FJ R.M. COMMUNITY -PANEL l 510063-a?00 B DATED JULY 17, 1978. RIWL PLAT fVR MINOR RURAL SUBDIVISION FAMILY DfWSION OF THE LAAO STANDING IN 7HE NAME OF DORIS F. CASEY SMWNEE AWG TE WL DISTRICT, fREDEMK COUNTY, WRGIN14 SCALE: N/A DATE: JANUARY 9 2002 GREENWAY ENGINEERII 161 vow Em Lw1Qti Etgineem 1►MEW7 %. VL 2860E Surveyors MMM50M. ("0) 662-41e5 TAX (640)) rat -MO RENSE?.• JULY 24 20103 MARK D. SMITH No.002009 ZL-1 •°3 11971 *Rw4PVww Tdw&00m 1 3230 SKEET 2 0 POST 1LL (3.23) TM 63-((A))-146 M£R/OL4N CEO OA E 6 �5 THOMAS W. 49REEDLOVE & 11140 VIRC/N41 P R0uv�� 99.9 x MABEL L. BREEDLOVE' 83 (t991j 5 D.B. 401, PG 672 PER CPS 08SERVkION R �'/'_ ZONE • RA USE RES1DWoo V040 POW c,*pmy ZgZ3'�x. �nro s • IPA • \ � \ J J 1 I 1 D0n,ac Line .213.E85 ---0-- L I �! a rm 64—((3))—A N i SH£IINANDOAH "� I MEMORIAL PARK, INC. RESIDUE OF D.B. 934, PG. 694 TM 64-((A))-23 ZONE.• RA USE.• CEMETERY 26.8733 ACRES TM 64—((3)) Al JUCAPA LC. D. B. 955, PG. J7 nair. 012 , 1cc. ten, N u 3 A1\1 I @ O Zt IPF IRF 80.08' L3. E SHEET 4 CO � NEW TM 64 A-2.JA `' j 3.4367 ACRES IRS L7 L6 L5 IRS L 1 q EX. 20' PRNAMJ sw. S&V fUT. D.B. 902, AC 1JW 250 0 125 250 GRAPHIC SCALE (IN FEET) FRONT ROYAL PIKE ROUTE 522 R/W VARIES C� 0 wV 0 • TM 64D-((A))-30 ANN S. CROSS D. B. 761, PG. 512 SEE SHEET 2 FOR NOTES, LEGEND, AND LINE TABLE REVISED: JUL Y 24, 2003 FINAL PLAT FOR MINOR RURAL SUBDIVISION (FAMILY DIVISION) OF THE LAND STANDING IN THE NAME OF DORIS F. CASEY SHAWNEE MAGISTERIAL DISTRICT, FREOERICK COUNTY, VIRGINIA SCALE: 1" = 250' 1 DATE: JANUARY 9, 2002 GREENWAY ENGINEERII 151 WINDY Mul LANE Engineers WINCHEMPt. VA. 22602 Surveyors TEMPHON6: (540) W2-4185 FAX: (540) 722-9528 Four►dsd in 1971 www.4reem+ayen5.com Rl I, r� ARK D. SMITH No.002009 �_suRVE 3 •CD Y 4CM AN eaSE'D oN ORQU14 GRID a k40 8J (1991) PER GPS OBS£RVAR ON o 1 RESIDUE OF c r f TM 64-((A))-2J LJL SEE SHEET J IRF _ ` N • OZ'J5'01 " W o 46o.Oa I r IRF • r fXISTtMC anTwx 50 ' rxlsriw PARIKAW HaUSE' AREA IRF EX. 15' Q Ot?AVtL Rw j t J ► FAMILY DMS(ON Lo NEW TX 64 APARCEL A 2JA o� >_ J. 4J67 ACRES 60' BRL ^ IRS L7 L6 L5 V( 20' PATE J ROUTE 522 SO. • . Mr. D.E 902, PC. IJ56 RIW VARIES 100 0 100 GRAPHIC SCALE (IN FEET) IPF I IRS SEE SHEET 2 FOR NOTES, LEGEND, AND LINE TABLE FINAL PLAT FOR MINOR RURAL SUBDIVISION (FAMIL Y DIVISION) OF THE LAND STANDING IN THE NAME OF DORIS F. CASEY SHAWNEE MAGISTERIAL DISMICr, FREDERICK COUNTY, NRGIN!A _SCALE: 1 " = 100' T DATE: JANUARY 9, 2002 GREENWAY ENGINEERII 151 WINDY HILT, MINE Engineers WINCHESTER, VA. 22602 Surveyors TELEPHONE: (540) 662-4185 FAX: (540) 722-9628 Founded in 1971 www.aswawsyeng.com REVISED: JULY 24, 200J V yr MARK D. SMITH 9 No. 002009 �9�04 4OF4 z oc W W 'ZR N V N � Z N v W 0 M N C r W m t � W n c � 12h T.M. 64-((A))-20 F � Z p PROFF R TO R T 'yam _ TO WESTWOOD I in N 0 In ---- �' EST OOD DR ui T.M. 64—((A) 19 cr O •� O -v ANEE - � Q • Z T.M.64-((A))-23 � L Itj Z z W D ' O ou a � U Y ROAD EFFICIENTCY BUFFER AND • �' ■l• O F- Z Of w BICYCLE AND PEDESTRIAN FACILITY TRAFFIC CHOKER W = w SHENANDOAH MEMORIAL PARK X BUFFER AND BICYCLE AND LaUrelwood Drive Z ° 0 U PEDESTRIAN FACILITY \�� N J W o J a W Q LLw w W ~ Z W a 0 Lu w w z a co DATE. 4/20/05 SCALE: V=400' Shenandoah MH DESIGNED BY HNW/EAW JOB NO 3230 SHEET 1 OF 1 Z W W v S Z � 3 _ % Z W c 0 o W a� h cu o T.M.64-((A))-20 wCO c m x � J O FIG _ — �� N 0 co - - — T EST OOD DR V W T.M. 64-((A))-19 O � Q � o I UB"" T.M. 64-((A))-23 INE AN ■ • v► H I N m ■ x w z w O(f)(D z oLy= p QQ> Q W Z J o2 ;o Laurelwood Drive w O Q Y o2� wwQE t� w w w z �Lu LL _U- X W WETLANDS LEGEND PUBHh EXISTING WETLANDS DATE: 4/20/05 SCALE: 1 "=400' Shenandoah MHP DESIGNED BY: HNW/EAW JOB NO 3230 __ SHEET 1 OF 1 cs 'z N v � m Z N Y W am Nm N N W W n CC c Ica P C H d o N T i C N w cn J ES OOD R w O w 9B' . Ln IN ��r...�...� m Q O L c� w Zoe CQ Q> 'J c W z __ Laurelwood Drive O 02 L c U LLQ <o Z W Lu QE W Lu W � o X _LU LV `n DATE 4120/05 SCALE: 1 "=400' Shenandoah MH DESIGNED BY: HNW/EAW JOB NO 3230 SHEET 1 OF 1 T A X R E C E I P T - Y E A R 2 0 0 4 FREDERICK COUNTY C. WILLIAM ORNDOFF, JR P.O. BOX 225 WINCHESTER VA 22604-0225 2004 REAL ESTATE TAXES 64 A 26.87 ACRES Acres: Ticket #:00085430001 BW Date 6/23/2004 Register: COS/CO Trans. #: 30038 Dept # RE200401 ACCT# 20631 Previous 23 Balance $ 20.60 26.87 Principal Being Paid $ 18.57 .86 Land: 5643 Imp: 0 Penalty $ Interest 0 •17 DUBRUELER, STEVE A Amount Paid $ 20.60 & DUBRUELER, RAY N & MADELINE *Balance Due 1686 S PLEASANT VALLEY RD as of 6/23/2004$ 2.03 WINCHESTER, VA Check 540.36 # BBT 7265 22601 4483 Pd by DUBRUELER ENTERPRISES ANY BALANCE DUE DOES NOT INCLUDE PENALTY AND INTEREST. T A X R E C E I P T - Y E A R 2 0 0 4 FREDERICK COUNTY C. WILLIAM ORNDOFF, JR P.O. BOX 225 WINCHESTER VA 22604-0225 2004 REAL ESTATE TAXES 26.87 ACRES 64 A Acres: (DUPLICATE) Ticket #:00085430001 @@ Date - 6/28/2004 Register: CJO/CJ Trans. #: 92437 Dept # RE200401 sk ACCT# 20631 Previous 23 Balance $ 2.03 26-87 Principal Being Paid $ 2.03 Land: 5643 Imp: 0 Penalty $ -20 Interest $ .02 DUBRUELER, STEVE A Amount Paid $ 2-25 & DUBRUELER, RAY N & MADELINE *Balance Due 1686 S PLEASANT VALLEY RD as of 6/28/2004$ .00 WINCHESTER, VA 22601 4483 Check 59-00 # BBT 7266 Pd by DUBRUELER, STEVE A ANY BALANCE DUE DOES NOT INCLUDE PENALTY AND INTEREST• (DUPLICATE) Cn Ale #20816 SGB:bZm 030029417 40 tV TMS DEED made and dated this 30th day of December, 2003, by and between DORIS F. CAS'Y, party of the first part, hereinafter called the Grantor; and S'TEVE A. DuBRUELER RAY N. MIM JE1 ER and MADELINE F. DuBRUELER, his wife, parties of the second part, hereinafter called the Grantees. WITNESS=: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid, and other good and valuable consideration, the receipt of which is hereby. acknowledged, the Grantors do hereby grant and convey, with general warranty of title, in fee simple absolute, a one-half 0/z) undivided interest to Steve A. DuBrueler, and a one-half (1/z) undivided interest to Ray N. DuBrueler and Madeline F. DuBrueler, with common law right of survivorship as to all Grantees, all of her right, title and interest in and to the following property: All of that certain lot or parcel of land, containing 2b.8733 acres, situate in Shawnee Magisterial District, Frederick County, Virginia, as shown on the Final Plat for Minor Rural Subdivision of the Land Standing in the Name of Doris F. Casey, as shown on the plat and survey of Mark D. Smith, L.S., dated July 24, 2003, attached to the Deed of Gift dated December 30, 2003, from Doris F. Casey to Robin Casey-Wilisch, recorded simultaneously herewith and by this reference made a part hereof -,-AND BEING a portion of the land conveyed to Robert E. Casey by Deed dated November 4,1%9, of record in the Office of the Clerk of the circuit Court of Frederick County, Virginia, in Deed Book 359 at Page 330 and the same land devised to Doris F. Casey by Will of Robert E. Casey, deceased, probated in the aforesaid Clerk's Office in Will Book 91 at Page 596, Reference is made to the aforesaid instruments for a more particular description of the property herein conveyed. This conveyance is made subject to all easements, rights of way and restrictions of record affecting the subject property. Further, this conveyance is made subject to that certain Addendum Agreement dated December 30, 2003, recorded simultaneously herewith. W The Grantor does hereby covenant that she has the right to convey to the Grantees; that the Grantees shall have quiet and peaceable possession of the said property, free from all liens and encumbrances; and she will grant such further assurances of title as may be requisite. WITNESS the following signature and seal: Z� �/, �L" (SEAL) DORIS F. CASEY COMMONWEALTH OF VIRGINIA, AT -LARGE: CITY OF WINCHESTER, to -wit: I, the undersigned, a Notary Public in and for the State and Jurisdiction aforesaid, do hereby certify that Doris F. Casey, whose name is signed to the foregoing Deed dated the 30tb day of December, 2003, has personally appeared before me and acknowledged the same in my State and Jurisdiction aforesaid. GIVEN under my hand this \30h day of December, 2003 My Commission Expires: This document prepared by: Stephen G. Butler, Esquire KUYKENDALL, JOHNSTON, McKEE & BUTLER, P.L.C. 112 South Camerou Street P. 0. Drawer 2097 Winchester, VA 22604 V1ROINIA: FREDERICK COUNTY, SCT. (540) 662-3486 This insfi m mi of writing wa produced to me on at and with certificate of acknowledgement theret annexed was admitted to record. T imposed by Sec. 58.1-802 of 00 $5440, and 58.1-801 have been paid, if assessable 4o4 4444--v. ,Clerk G 300 2I Lf i? �k *M16 SGS:bgm CD �O 030029415 -� THIS ADDENDUM AGREEMENT made and dated this 30th day of December, 2003, by and NtweenDORIS F. CASEY, Seller, party of the firstpart, hereafter called Sellers STEVE- A. DUBRUELER, RAY N. DUBRUELER, and MADELINE k. DUBRUELER, parties of the second part, hercinafter called Purchaser (whether one or more), and ROBIN CASEY. WILISCH, a/Wa Robin Casey, party of the third party. WHEREAS, the Seller and Purchaser executed a contract for purchase of unimproved property dated February 14, 2003; and WHEREAS, said contract contains provisions regarding Purchaser's right of first refusal, financing and easements regarding the 3.4367-acre tract which is to be retained by Seller and subsequently conveyed to Robin Casey-Wilisch; and WHEREAS, all the parties desire to clarify their obligations under said contract. NOW, THEREFORE, parties do agree as follows: 1. The property shall be subdivided and platted as per the survey by Mark D. Smith attached hereto and made a part hereof. 2. All parties hereto agree to be bound by all provisions of this Addendum and the original Contract of the parties. 3. The 3.4367-acre tract is restricted with utility and storm water management easements. An access easement and sign easement option is available to the Purchaser for a three-year period commencing at the signing of this Agreement. The access easement is to be used as permanent VDOT right-of-way (street). The above -described easements and right-of-way are for the benefit of the 26.8733-acre tract which all parties acknowledge is to subdivided in the future at Purchaser's sole discretion, These provisions are covenants real and running with the land and shall be set forth in the deed from Seller to Robin Casey-Wilisch of the 3.4367-acre tract. As to the access easement, it shall be constructed no more than fifty feet (50) wide, crossing Robin Casey-Wilisch's property in an east -west direction, and will be granted to the Purchaser as is detailed on surveyed plat attached to this Agreement at tithe of signing. It shall be constructed to Virginia Department of Transportation specifications and requirements, and is to be as similar as possible to the delineated surveyed plat. Should Purchaser be required by governmental restraints (VDOT, Frederick County) to use access easement option within three (3) years of signing of contract, a fee of $3,000.00 will be paid by Purchaser to Robin Casey- Wilisch within five (5) business days of site plan approval by Frederick County. Robin Casey- Wilisch agrees to place no structures or improvements in the path of said access easement for the term of three (3) years to commence at the signing of this Agreement. Purchaser grants Robin Casey-Wilisch the right to have access to said easement right of way for ingress and egress to her 3.4367-tract of land should a fifty -foot (50') wide street be constructed for Purchaser's subdivision use. 4. Purchaser agrees that as to any right-of-way for access to the 26.8733-acre tract and any water and sewer lines installed by Purchaser to service the 26.8733-acre tract, Robin Casey-Wilisch shall be allowed access to the same for use for her 3.4367-acre tract subject to all governmental regulations and subject to all costs of hook-up or availability fees charged by any governmental authority. Parties agree to consult with each other at the time of installation of such services and access/ingress easement to effectuate this provision. Specifically as to the water and 'sewer lines to be installed, Purchaser shall provide a 11/z " stub for water and a 4" stub for sewer -2- Q �b for Robin Casey-Wilisch's use. The right of way for these lines shall be negotiated and determined prior to their installation, and it shall not disturb any structures or improvements existing as of the date of this Agreement. Should water and sewer lines necessitate removal of any new structures or improvements on Robin Casey-Wilisch's land, Purchaser agrees to pay a fair agreed -upon price to Robin Casey-Wilisch, In the event the parties cannot agree as to such value of said improvements, each party shall select a licensed appraiser to determine the value of said improvements, and the average of the two appraisals shall be the value of such improvements and binding upon both parties. 5. Purchaser shall have the right to erect and maintain a sign for the subdivision upon the 3.4367-acre tract, subject to the approval of Robin Casey-Wilisch. In the event the parties cannot agree as to said sign, the parties agree to select a local architect to determine the size, location and type of sign based on the criteria of other subdivision signs in Frederick County which are tasteful and unobtrusive and such architect's decision shall be binding on the parties. in determining this Purchaser shall have an architectural entrance way on each side of the access road to be installed. Said entrance way shall be no more than Y long, 4' high, and 16' wide. The signage for Purchaser's development shall be incorporated in said entrance way. The design shall be submitted to Robin Casey-Wiliseh before construction begins.. 6. In the event that any one of the above -stated easements are not required by Purchaser to develop its subdivision, based on Purchaser's reasonable discretion, it shall cause a release of such easement to be made to Robin Casey-Wilisch. 7. Purchaser shall have a right of first refusal as to the 3.4367-acre tract or -3- C) O any portion thereof, -which is not transferable or assignable to any party other than Purchaser, nor shall the access easement be transferable or assignable to any party other than Purchaser, said access easement being described in Paragraph 3 herein. 8. Seller reserves the right to assign the Contract to an exchange intermediary, to effect a like -kind exchange of the Property in accordance with Section 1031 of the Internal Revenue Code of 1986, as amended, and the regulations thereunder. Purchaser consents to such assignment and agrees to sign a Notice of Assignment prior to Closing confirming that Purchaser has received the Notice of Assignment and consented to the assignment. Provided, however, Purchaser shall not be required to incur any additional cost, expense or additional liability as a result of the above. 9. The financing by Seller for Purchaser shall consist of a Second Deed of Trust and Promissory Note in the sum of $270,000.00 without interest thereon until its date of final payment which shall be March 15, 2004, In the event said Note is not paid by such date, it shall accrue. interest thereafter (after March 15, 2004) at the rate of 8% per annum. The Deed of Trust and Note shall be in standard form of those customarily used in the .industry. 10. Parries shall execute all documents necessary to effect the provisions of this Agreement. 11, This Agreement shall be binding upon and inure to the benefit of all parties hereto, their successors -in -interest and assigns, except as stated herein in Paragraph 7. 12. All provisions of this Agreement and the original Contract of Sale not modified herein shall continue in full force and effect, shall not merge with but survive -4- Q settlement. 13. This Agreement shall be governed by and construed according to the law of the State of Virginia. 14. In the event of a breach of this Agreement, the party substantially prevailing in any litigation arising therefrom shall be entitled to costs and reasonable attorney's fees incurred thereby. (SEAL) DORIS F. CASEY, SELLER Cl (SEAL) STEVE A. DUBRUELER, PURCHASER (SEAL) RAY 14. DUBRUELER, PURCHASER ye, L. A, L A " (SEAL) MADELiNE j DUBRUELER, PURCHASER j, / '.---(SEAL) ROBIN CASEY-WOSCH, Wa Robin Casey, PARTY OF THE THIRD PART -5- 0 0 CD .C" COMMONWEALTH OF VIRGINIA N CITY/EQi:ii-fk,( OP' i . -.A— , to -wit: I, the undersigned, a Notary Public in and for the Commonwealth and City/County aforesaid, do hereby certify that this day personally appeared before me in my said City/County, Doris F. Casey, whose name is signed to the foregoing and hereunto Addendum Agreement, and acknowledged the same. •, GIVEN under my hand this day of t*, r f SF,A.L) 3 o Notary Public ' MY commission expires: COMMONWEALTH OF VIRGINIA CITYIG9 'Y` OF `�%/x c , to -wit: I, the undersigned, a Notary Public in and for the Commonwealth and City/County aforesaid, do hereby certify that this day personally appeared before me in my said City/County, Steve A. DuBrueler, whose name is signed to the foregoing and hereunto Addendum Agreement, and acknowledged t' GIVEN under my hand this My commission expires: 31 00 Notary Public Y COMMONWEALTH OF VIRGINIA CITY/C-0UNW OFIJ4�« '6EZ, , to -wit: I, the undersigned, a Notary Public in and for the Commonwealth and City/County aforesaid, do hereby certify that this day personally appeared before me in my said City/County, Ray N. DuBrueler, whose name is signed to the foreggi. Yard hereunto Addendum Agreement, and acknowledged the same. 5• GIVEN under my hand this 3�i day of LUM242 3.4 Gc (SEAL) Notary Public My commission expires: d COMMONWEALTH O ' VIRGINIA CITY/COF YgAZZA0 12IL—__, to wit: I, the undersigned, a Notary Public in and for the Commonwealth and City/County aforesaid, do hereby certify that this day personally appeared befcA me in my said City/County, Madeline DuBrueler, whose name is signed to the fore�bitig and hereunto Addendum Agreement, and acknowledged the same. GIVEN under my hand this 31h day of 0 Notary Public% o My commission expires: St boG► �� r �� i, �r COMMONWEALTH OF VIRGINIA CITY F`� , to -wit: I, the undersigned, a Notary Public in and for the Comm wealth and City/County aforesaid, do hereby certify that this day personally appeared be. me in my said City/County, Robin Casey-`'i'ilisch, whose name is signed to the fore g and hereunto Addendum Agreement, and acknowledged the same. GIVEN under my hand this , day of M l Notary My commission expires: -7- V Deed of Easement through TM 64-((A))-23A; Robin Casey-Wilisch property File 113230/BAWajc MOp�� ,c 41" 0 0 v 40 0 January 6, 2007 Mr. Mike Ruddy Frederick County Dept. Of Planning and Zoning 107 North Kent Street Winchester, Virginia 22601 RE: Right of Way Freedom Manor Dear Mr. Ruddy, I A �' 1 2(?(17 On advice from my counsel, I am forwarding you a copy of a letter being sent to Mr. Steve DuBrueler. As of this date he has failed to secure the right of way thru my property at 1210 Front Royal Pike for Freedom Manor Housing Development. Should you require further information in this matter, please feel free to contact me. Sincerely Yours, Robin L. Casey January 6, 2007 Mr. Steve DuBrueler 158 Front Royal Pike Suite 305 Winchester, Virginia 22602 RE: Right of Way Freedom Manor Dear Mr. DuBrueler, I received the Freedom Manor platts which you dropped off at my attorney's office on Dec. 11". In regards to the requests of my attorney's letter dated Nov. 29", for the surveyed locations of ; the access right of way, drainage pond(s), water and sewer lines, drainage ditches, traffic choker, turn lane, and entrance way specifications, etc ..... certain notations and locations on the platts are ambiguous and contradictory. My attorney's phone call on Dec. 13"' to your office,( per your request) , to schedule a meeting to resolve these matters and settle on the right of way access, has been ignored. I have not accepted/cashed the late payment you sent to me Nov. 14"' for the option on the access right of way . Should you still desire an access road through my property for Freedom Manor we must meet between Jan. 181h and Jan.30th 2007. Please contact Mr. Clinton Ritter's office to schedule said meeting. Sincerely Yours, Robin L. Casey cc: Frederick Co. Dept. Of Planning and Zoning Clinton Ritter • COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 MEMORANDUM TO: Finance Department FROM: Pam Deeter, Office Assistant I1 SUBJECT: Return Of Sign Deposit DATE: September 21, 2005 The amount of $50.00 was deposited in line item #3-010-019110-0008 for the company named below had a deposit for two signs for Rezoning #09-05 for Freedom Manor. The company has returned the signs and is therefore entitled to the return of the deposit. You may pay this through the regular bill cycle. Please send a check in the amount of $50.00 to: Dubrueler Enterprises 1686 S. Pleasant Valley Rd Winchester, VA 22601 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 7437 No. 27426 5,687.00 DATE ss i RECEIVED FROM ---DOLLARS w � Q FOR RENT t FORch ► Y Lo4 ACCOUNT 1 OCASH T &RDEFtr HECKPAYMEN oo .�-- �.1.8ONEY}� �` 1ia2 BAL. DUE 5.687.00 F&M Operations Account Rezoning of cast' ap o/ LUUS T A X R E C E I P T FREDERICK COUNTY C. WILLIAM ORNDOFF, JR P.O. BOX 225 WINCHESTER VA 22604-0225 SIGN DEPOSITS PLANNING Ticket #:00005020001 Date 6/09/2005 Register: CJO/CJ Trans. #: 08594 Dept # 1095 Acct# Previous Balance $ 50.00 Principal Being Paid $ 50.00 Penalty $ .00 Interest $ .00 Amount Paid $ 50.00 *Balance Due $ .00 Pd by DEPT OF PLANNING Check 18650.91 # CKS BALANCE DUE INCLUDES PENALTY/INTEREST THRU THE MONTH 6/2005 TO: FROM: E COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 MEMORANDUM Finance Department Pam Deeter, Office Assistant II SUBJECT: Return Of Sign Deposit DATE: September 21, 2005 The amount of $50.00 was deposited in line item #3-010-013030-0007 for the company named below had a deposit for two signs for Rezoning #09-05 for Freedom Manor. The company has returned the signs and is therefore entitled to the return of the deposit. You may pay this through the regular bill cycle. Please send a check in the amount of $50.00 to: Dubrueler Enterprises 1696 S. Pleasant Valley Rd Winchester, VA 22601 RSA/pd Qk q�a��o5 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 C7 • i H Ln 00 0ohv� o N U rn 0 000 0 0 0)1-1�,Lna4 0 000 0 0 ko rn O ao cn M 0 h 0 :� r r H \ CJ N M M M 0 kD M M M O lD O a) 1J 4-3 a) m U) U 1J M as a U it�V'I- -,i (z U SA a) U H A ly. E-A m rd >1 b a) -H 4J U) H ,ad�- A . a a) a) aJ 41 U H a CQ -H � a) o r-i � as a -1 U G -r+ a, H a H Ln CN W N O U i d+ W 0 a h N N En >I 0 H z�z H00Ln U H v N x a U H F P Ha0 w 3 N U zk Ln 0 0 H N m 0 Ln W � x H z 0 U Q) W �x U H J a x H E-H W R' W H z H H ra Ha W wQ a 0z H H AQ >w a, rQ • I o j r t- oo Qn I � M� c"ZJ r I C**-j �_ I j I Z y � I ' z rr ai w Z o al U U 2 O O>�O —g I O w " W p w Z Z w cr D W � a U co O Q Q p cr Q (l- Q d m -J- 13 D 3 N 13 FREDERICK COUNTY DEPARTMENT OF PLANNING & .DEVELOPMENT DEPOSIT REPORT FOR: 8 0 5 FINANCE CODEIDESCRIPITION TOTAL PRICE TREASURERS CODE COMPREHENSIVE PLAN PCO1 CAPITAL INTROVEMENT PLAN PCO1 ZONING INDEX MAP/ PCO1 NUSC. LEGAL/LETTER SIZE COPIES/ PCO1 MISC. LEGAL/LETTER SIZE COPIES/ PCO1 COMPREHENSIVE PLAN UPDATES PCO1 3-010-016160-0001 / BOOKLETS & MAPS SUBTOTAL PC01 3-010-016160-0009 / SALE OF GIS MAPPING (IODL) 3-010-019110-0008 / SIGN DEPOSIT 1095 3-010-018990-0001 / MISCELLANEOUS ITEMS Include Shipping & Handling, Postage, Etc. 2009 3-010-016160-0002 / ZONING ORDINANCE PCO2 3-010-016160-0002 / SALE OF AMENDMENTS PCO2 3-010-016160-0002 / SUBDIVISION ORDINANCE PCO2 3-010-019110-0043 / MERRIMANS CHASE 10 DP) 3-010-019110-0048 / RED BUD RUN 10 EF) 3-010-019110-0042 / SOVEREIGN VILLAGE 10 D 3-010-019110-0046 / RED FOX RUN II 10 EB 3-010-019110-0045 / LYNNEHAVEN 10 D 3-010-019110-0050/CANTER ESTATES -SECTION Z y s aa 'i 3. �t 10 E CONDITIONAL USE PERMIT / ZASP SUBDIVISION WAIVER / ZASP RESIDENTIAL SUBDMSION / ZASP NON-RESIDENTIAL SUBDMSION / ZASP RESIDENTIAL SITE PLAN / ZASP MASTER DEVELOPMENT PLAN / ZASP REZONING / T,,-Q doa r 5 3 1. , ZASP APPEAL/VARIANCE / ZASP NON-RESIDENTIAL SITE PLAN / ZASP MINOR RURAL SUBDMSION / �p OO ZASP MAJOR RURAL SUBDMSION / ZASP RURAL PRESERVATION SUBDMSION / ZASP LOT CONSOLIDATION / ZASP BOUNDARY LINE ADJUSTMENT / ZASP ZONING CERTIFICATION LETTER / ZASP ZONING DETERMINATION/VERIFICATION LETTER / ZASP COMPREHENSIVE PLAN POLICY AMENDMENTS / ZASP 3-010-013030-0007 APPLICATION - SUBTOTAL ZASP CHECKS: $ 18, �'s U , C1 I CURRENCY: LESS CASH: 1 TOTAL: PREVIOUS ENDING # I Q -� 4 �1-9 RECEIPT(S) #: I c-7( ) t i�k(o- 171 U:\DEETER\COMMON\DEPOSTTR\ DEPOSIT REPORT FOR PLANNING & DEVELOPMENT. XLS 3m (0 3 -Y. Finance Code 3-010-016160-0001 -------------- 3-010-016160-0009 -------------- 3-020-018990-0000 3-010-0191110-0008 3-010-016160-0002 3-010-016160-0002 :10-013030-0007 Sale of Planning Booklets Sale of GIS Mapping Miscellaneous Items Sign Deposit Planning Sale of Amendments Sale of County Code Zoning Applications • Total Price =CoZd (PC01) (10DL) (2009) (1095) (PCO2) (PCO2) $ (13 3 (ZASP) CHECKS: CURRENCY: LESS CASH: U TOTAL: PREVIOUS ENDING: `� � � � Jc O, q � RECEIPTS � � � - � (: )y�� U:\DeeterlCOMMON\DEPOSITR\DEPOSIT REPORT FINANCE.XLS 12/27/2oo4 ha-6 -+wo re:z-o n, s $ 50,00 0 11 � r2z.o � i � 2 -z- ' L jos'+ w Qs p � `-�- r�� E�m 3 w 0 t o- c) s Co �-- yyt po-on 0 rt7\ GREENWAY ENGINEERING 1%,47 151 Windy Hill Lane =ounJcd in 177I Winchester, Virginia 22602 T R A N S M I T T A L Project Name: Freedom Manor Rezoning File No: 3230 Date September 6, 2005 To: FC Planning From: Evan Wyatt Attn: Mike Ruddy GREENWAY ENGINEERING Phone: 540-662-4185 Copied Fax: 540-722-9528 ❑ Urgent ❑ For Your Review ® As You Requested ® Please Comment Message: Hi Mike, Please find attached the following information for the Freedom Manor Rezoning Application as requested: ➢ Revised Proffer Statement with original notarized signatures ➢ Revised Declaration of Restrictive Covenant provided by Sean Everhart, Legal Counsel for Freedom Manor that was previously forwarded to Robert Mitchell ➢ 24 color copies of the Generalized Development Plan Exhibit, the Location and Existing Zoning Exhibit, the Existing Soils Exhibit and the Existing Wetlands Exhibit Please review this information and contact me if you have any questions, or if you need any additional information. Thank you for your assistance with this project! Evan Greenway Engineering Telephone 540-662-4185 FAX 540-722-9528 www.greenwayeng.com T.M. 64-((A))-20 T.M. 64-(( ROAD EFFICIENTCY BUFFER AND — BICYCLE AND PEDESTRIAN FACILITY r- 1 hoIl��f p r 71 m _ VINE LANE Shenandoah MHP z 0 w I Q z H � Z F- w z 0 U Y 0 11.— 0 Lum aQ w = clry w Z 0 ry NQ Wu) 0 a w _J LL w w u, Z 'w^ Q V w w z z cn DATE: 4/20/05 SCALE1"=400' DESIGNED BY: HNW/EAW JOB NO. 3230 SHEET i OF Lu ..m mc mc Lu LLM Lu T.M. 64-((A))-20 Q, 0 w cn -T- co z Z, U) -WESTWOOD DR'VF- T.M. 64-((A))-19 0 < F- T.M. 64-((A))-23 X: Ul x LLI z < 0 0 co CD N Z E e -j > < >: z m E - LID Z Laurelwood Drive' P: 0, m �- 0 - 0 0 ::) LL ZONING LEGEND ----- 30 O RA RURAL AREAS DISTRICT uj uj LU Lu LE Z C) RP RESIDENTIAL PERFORMANCE DISTRICT z 3: Lu LL < 0� R4 RESIDENTIAL PLANNED COMMUNITY LL R5 RESIDENTIAL RECREATIONAL COMMUNITY z MHI MOBILE HOME COMMUNITY DISTRICT 81 NEIGHBORHOOD BUSINESS DISTRICT 82 BUSINESS GENERAL DISTRICT 83 INDUSTRIAL TRANSITION DISTRICT 0 r7-771 Ml LIGHT INDUSTRIAL DISTRICT E-11ZE m2 INDUSTRIAL GENERAL DISTRICT DATE 4/20/05 Em EXTRACTIVE MANUFACTURING DISTRICT SCALE: 1"=400' HE HIGHER EDUCATION DISTRICT DESIGNED BY HNW/EAW jjj JOB NO 3230 SHEET 1 OF 1 T.M. 64—((A))-20 WE TWOOD D •'n M"Nw fvm" BHh T.M. 64—((A))-23 • WETLANDS LEGEND aueHn EXISTING WETLANDS a Z O cc w �-1 2 ~ U x w Z w O cf) (D cn Z o Z Cg C Q W Z O� �ZO O U W 31. Q 0 2 U LLJ w 0L J w w Z p H LL = � LL cf) cl) X Lu DATE: 4/20/05 SCALE: 1 "=400' DESIGNED BY: HNW/EAW I JOB NO. 3230 1 SHEET 1 OF 1 T.M.64-((A))-20 -In T.M. 64-((A))-19 SOILS LEGEND 7717 WETLAND AREAS 3B-BLAIRTON SILT LOAM, 2-7% SLOPES ® 9B-CLEARBROOK CHANNERY SILT LOAM, 2-7 41D-WEIKERT-BERBS CHANNERY SILT LOAM, 15-25% SLOPES Z 0 w a 0 f- U Oc/)0 Zoe Q J C Q C f H Ir wZ LL LL 0 0QU 0 � Y W Lu w LLJ W Z LLL Q of U) DATE: 4/20/05 SCALE: 1"=400' DESIGNED BY: HNW/EAW I JOB NO. 3230 1 SHEET 1 OF 1 9 4P G RESOLUTION ® Action: BOARD OF SUPERVISORS: September 14, 2005 .W7Y`i. ❑ APPROVED ❑ DENIED DIRECTING STAFF TO UNDERTAKE A STUDY CONSIDERING THE REDUCTION OF THE SEWER AND WATER SERVICE TO EXCLUDE PROPERTIES LOCATED NORTH OF ROUTE 37 IN THE APPLE PIE RIDGE AREA WHEREAS, The residential development in the Apple Pie Ridge and Glendobbin Roads area of the County do not utilize public water and sewer, nor is the utility extended to service existing residential uses in the area within the Stonewall Magisterial District; and WHEREAS, The County does not envision nor support the extension of public water and sewer to this area of the County, which is presently located within the existing Sewer and Water Service Area (SWSA). As such, it may be reasonable to adjust the SWSA boundary to coincide with the location of existing and proposed Route 37; and WHEREAS, This request to adjust the SWSA boundary was sponsored and presented to the Board of Supervisors by the Stonewall Magisterial District Supervisor on September 14, 2005; and NOW, THEREFORE, BE IT ORDAINED that the Board of Supervisors directs the Planning Commission to study and return to the Board of Supervisors a recommendation regarding the reduction of the sewer and water service area to exclude those properties located north of Route 37, and west of proposed Route 37 as it travels around the Stonewall Industrial Park. Passed this 14°i day of September 2005 by the following recorded vote: Richard C. Shickle, Chairman Lynda J. Tyler Gina A. Forrester Gene E. Fisher PDRes 840-05 Barbara E. Van Osten Gary W. Dove Bill M. Ewing A COPY ATTEST John R. Riley, Jr. Frederick County Administrator 4 4D -c am Dom', 6 46 T.M. 64-((A))-20 T.M. 64-(( O �O FUTURE ACCESS ROAD p -- PROFFr TO RESTRICT ACCESS TO WESTWOODI'bRIV u / 11J - f WESTWOOD DRIVE O 19 SHENANDOAH MEMORIAL PARK BUFFER AND BICYCLE AND PEDESTRIAN FACILITY VINE LANE Shenandoah MHP Drive a z Z W Z O a U Y U_ O � —j W m w= Z o W Ow 2af U Z p W fV J W o ..J a W Q W ILL w Z W 2 w w z Q U) DATE: 4l20105 SCALE1'=400' DESIGNED BY HNW/EAW JOB NO 3230 SHEET 1 OF C.2 LLI > lu 12 7 �­� T.M. 64-((A))-20 Q) 0 0 Flo -4- 0 U) —WESTWOOD DRIVE 64-((A))-19 T '` 4 0 ■ LqNE-----�--�-_____ t __", ` m_ T.M. 64-((A))-23 ! i " _j _ ` 2 i _� x Lu 0 z U < ",Woo 0 Z N 0 z cn Laurelwood Drive� 0,2 co wz LL — 0 0 CD ZONING LEGEND x 0 < 2 Lu LAJ LLJ ORA RURAL AREAS DISTRICT LU LIJ ELI z 3: Lli RP RESIDENTIAL PERFORMANCE DISTRICT 0 Z 0 LL < R4 RESIDENTIAL PLANNED COMMUNITY T LL IRS RESIDENTIAL RECREATIONAL COMMUNITY MHI MOBILE HOME COMMUNITY DISTRICT Ell NEIGHBORHOOD BUSINESS DISTRICT 82 BUSINESS GENERAL DISTRICT 83 INDUSTRIAL TRANSITION DISTRICT 0 mi LIGHT INDUSTRIAL DISTRICT M2 INDUSTRIAL GENERAL DISTRICT ........... . DATE 4/20/05 EM EXTRACTIVE MANUFACTURING DISTRICT SCALE: 1"=400' HE HIGHER EDUCATION DISTRICT Shenandoah MHP DESIGNED BY HNW/EAW JOB NO 3230 SHEET 1 OF 1 ROAD EFFICIENTCY BUFFER AND — BICYCLE AND PEDESTRIAN FACILITY FUTURE ACCESS ROAD T.M. 64-((A))-20 O PROFFtR TO RESTRICT AGCASS TO WESTWOOD DRIVE/"L_ J w s WESTWOOD DRIVE O T.M. 64-((A) 19-- _,, o f m �VINE LANE T.M.64-((A))-23 SHENANDOAH MEMORIAL PARK BUFFER AND BICYCLE AND PEDESTRIAN FACILITY I r. CHOKER / Shenandoah MHP c z a Z z W g o a Y U J 0� Wm Zo w= 2� W OM W Z p NJ Wo J a. W wLL w W u~, Z W Q C� w w w z Q z DATE. 4l20!05 SCALE "40K) DESIGNED BY: HNW/EAW JOB NO 3230 SHEET 1 OF t -' -�-. -- — - W O N N > a d m r W a n cc cm 3 � T.M.64-((A))-20 W(n N a - - �' WESTWOOD DR > J.M. 64-((A))-19 ! '! .. I I o vi�b__ m T.M.64-((A))-23 ! ___T___ _ { W �I Z N ZoLf J Q Z E LLJ Z Laurelwood Drive ° 2 � o ZONING LEGEND ---- O U U tt W W w ORA RURAL AREAS DISTRICT i '~ Q W z LL V... j RP RESIDENTIAL PERFORMANCE DISTRICT / L R♦ RESIDENTIAL PLANNED COMMUNITY / _ Z CO RS RESIDENTIAL RECREATIONAL COMMUNITY 0 _ MW MOBILE HOME COMMUNITY DISTRICT { _ 81 NEIGHBORHOOD BUSINESS DISTRICT--^'✓ �.v---- _ B2 BUSINESS GENERAL DISTRICT O _ 83 INDUSTRIAL TRANSITION DISTRICT ---'� ___------' ® MI LIGHT INDUSTRIAL DISTRICT ® M2 INDUSTRIAL GENERAL DISTRICT �- Yam,,,..... -------"""" DATE: 4/20/05 _ EM EXTRACTIVE MANUFACTURING DISTRICT i} _SCALE: 1"=400' HE HIGHER EDUCATION DISTRICT j (j{ Smew doah MHP DESIGNED BY: HNW/EAW JOB NO. 3230 t111 SHEET 1 OF =1 T.M. 64-( ,,000 WETLANDS LEGEND {PueHn� EXISTING WETLANDS N v N O w (n 0 LU X U � Z W O co(3 U) Zoe p Q �> Z cc� G Q W Z o2 �� W OU o Q LU Lu W W u1 Z p H LL = LL U) cl) X W DATE: 4/20/05 SCALE: V=400' DESIGNED BY: HNWIEAW JOB NO, 3230 SHEET 1 OF 1 09/02/2005 12:19 5404502293 i SEAN A EVERHART PLC i--I PAGE 01/03 SEAN A. EVERHART, PLC A PROFESSIONAL LIMITED LIABILITY COMPANY 153 Front Royal Pike, Suite 305C • Winchester, Virginia 22602 • (540) 450-2292 office . (540) 667-9603 facsimlle • SPftrLA_ vPrn�RPLC@verir0n.nef FACSIMILE COVER SHEET TO: mWe /?-abDy DATE: I'aI ds COMPANY: Fib ex CIO _ PAGES: FACSIMILE: o�n5 3�5 FROM: Sean A. Everhart Seaf7AEverhartPLC2averiZon. net RE: rlt�oM M- u- F"Fwr - �ST21 ❑ Urgent ❑ Reply Requested ❑ Original to be Mailed COMMENTS: `r' S-66'W Eb A CW This facsimile contains information which may be confidential or privileged. The information is intended to be for the use of the individual or entity named above. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this information is strictly prohibited. .If you have received this facsimile transmission in error, please immediately notify us by telephone at 540-450-2292. I'diate TX Result Report ( Aug, 10•005 2:23PM ) % z x Fax Header) File Date Time Destination Mode TXtime Page Result User Name No, ---------------------------------------------------------------------------------------------------- Aug.10. 2:22PM HALL MONOHAN ENGLE G3TES 0'40" P. 3 OK 1908 # Batch M . Memory L Send later @ Forwarding E ECM S Standard D Detail F Fine ) Reduction x LAN —Fax + Delivery a RX Notice Req. A RX Notice 0 GREENWAY ENGINEERING 151 Windy Hill Lane Founded in 1971 Winchester, Virginia 22602 T R A N S M I T T A L Project Name: Freedom Manor -Rezoning File No: 3230 Date August 2, 2005 To: FC Planning From: Evan Wyatt/dlm Attn: Diane Walsh GREENWAY ENGINEERING Phone: 540-662-4185 Copied Fax: 540-722-9528 Delivery: ❑ Fed Ex ❑ U.S. Mail ❑ Other ❑ Urgent ❑ For Your Review Message: ® Courier ® As You Requested ❑ Pick Up ❑ Please Comment Diane, Per Planning's request, attached are 25 color copies each of the following for the above project: -Location and Zoning exhibit -Wetlands exhibit -Soils exhibit Thank you for your assistance. Call with any questions. Hand Delivery and Pick Ups Only: Received By: Date: A 0 K�\ GREENWAY ENGINEERING 1*47 151 Windy Hill Lane =ounrlerl in 1971 Winchester, Virginia 22602 T R A N S M I T T A L Project Name: Freedom Manor File No: 3230 Date Julv 27. 2005 To: FC Planning From: Evan Wyatt Attn: Mike Ruddy GREENWAY ENGINEERING Phone: 540-662-4185 Copied Fax: 540-722-9528 ❑ Urgent ❑ For Your Review ® As You Requested ❑ Please Comment Message: Hi Mike, Please find attached the final Proffer Statement for Freedom Manor that has been revised to address Bob Mitchell's editorial comments and to incorporate the Restrictive Covenant Document that was agreed to during the Planning Commission public hearing. Please advise me if you need any additional information regarding this application. Thank you, Evan Greenway Engineering Telephone 540-662-4185 FAX 540-722-9528 www.greenwayeng.com i� JUL-20-05 14:19 FROM- • a 7-985 P.01/06 F-926 DATE: TO: FROM: NOTES: IMPORTANT FAX COLDW"ELL BANKER COMMERCIAL PREMIER. PROPERT 158 From Royal Pike, Suitc 303 Winchc5ter, Virginia 22602 606 M I TCHEL.L (540) 667-7071BUS � • �J�e l���� q�� (S40) 667-9796 FAX (546) 6t, . - 430 / COMMERCIALMOVE NET --j 1 $ Jo5 PAGES: including cover CV14N OY47T %R-E6N,0J}y FAX: y qS.)-F 5`(�t/��LdL RE: OAJ 7 l ( 0 PREMIER PROPERTIES Sao S39 — 3� � � 0 • 0 RUNTY of FREDERICK Department of Planning and Development 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Telephone: 540/665-5651 FAX:540/665-6395 FAX TRANSMISSION TO: ISI-ove.. COMPANY: 7} l C', FAX4: Remarks: Date: Number of Pages (including cover sheet) S -(� 0-/�- 0-y� 74-r 0-` 0 6 ' +.P-.ve- / ' FLZ-0'-/� V vv" �C1�'� �/ 1Z�✓ �'�l. UY� GL� l " "`� I.� �T�_ r� t� From the desk of: t-A (I(S— L2 P. 1 z Immtate TX Result Report ( Aug.10. 2 3:12PM ) z ► Fax Header) File Date Time Destination Mode TXtime Page Result User Name No. ---------------------------------------------------------------------------------------------------- Aug.10. 3:11PM 15406679796 G3TES) 0'35" P. 5 OK 1 91 3 # Batch M Memory L Send later @ . Forwarding E ECM S Standard D Detail F Fine Reduction x LAN —Fax t Delivery Q RX Notice Req. A RX Notice • POUNTY of FREDERICK Department of Planning and Development 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Telephone: 540/665-5651 FAX:540/665-6395 FAX TRANSMISSION TO:ec�n COMPANY: FAX #: tp(o 1- 9 03 Date: C) " l o - 0 J Number of Pages (including cover sheet) From the desk of: [--A I kF-/C`'` 22Y P. 1 Immoate TX Result Report ( Aug. 10, 20 3;13PM) Fax Header) File Date Time Destination Mode TXtime Page Result User Name No. ---------------------------------------------------------------------------------------------------- Aug.10. 3:13PM 15406679796 G3TES) 0'37" P. 5 OK 1914 # Batch M Memory L Send later @ . Forwarding E ECM S Standard D Detail F Fine Reduction X LAN —Fax t Delivery Q RX Notice Req. A RX Notice COUNTY of FREDERICK Department of Planning and Development 107 North Kent Street, Suite 202 . Winchester, Virginia 22601-5000 Telephone: 540/665-5651 FAX:540/665-6395 FAX TRANSMISSION FAX#: - l —60 l-2&6)e2 Remarks: Date: Number of Pa es (including cover sheet) _ IT From the desk of: P, 1 Immedi e TX Result Report ( Aug. 4, 2004#1:26PM ) M Fax Header) File Date Time Destination Mode TXtime Page Result User Name No. ---------------------------------------------------------------------------------------------------- Aug. 4. 1:25PM 15406679796 G3TES) 1'10" P. 11 OK 1853 # Batch M Memory L Send later @ . Forwarding E ECM S Standard D Detail F Fine Reduction * LAN —Fax t Delivery Q RX Notice Req. A RX Notice COUNTY of FREDERICK Department of Planning and Development 107 North Kent Street, Suite 202 . Winchester, Virginia 22601-5000 Telephone: 5401665-5651 FAX:540/665-6395 FAX TRANSMISSION To: FAX #: � 4zr 6 C/ � —C� % 9 �P Remarks: Date: .S- `4 (, j Number of Pa g s (including cover sheet) I / From the desk of: Ltd L, v P, 1 u ' M Immedi e TX Result Report ( Aug, 4, 200101:21PM ) * * Fax Header) File Date Time Destination Mode TXtime Page Result User Name No. ---------------------------------------------------------------------------------------------------- Aug. 4. 1:20PM 96679796 G3TES) 1"08" P. 11 OK 1852 # Batch M Memory L Send later Q Forwarding E ECM S Standard D Detail F Fine Reduction z LAN —Fax + Delivery Q RX Notice Req. A RX Notice COUNTY of FREDERICK Department of Planning and Development 107 North Kent Street, Suite 202 a Winchester, Virginia 22601-5000 Telephone: 540/665-5651 FAX:540/665-6395 FAX TRANSMISSION TO: Eu' a-n Lapit COMPANY: 6re-eA FAX #: 6 W — 'a Remarks: Date: _ 57 I ►G�10 Number of PagLs�(including cover sheet) From the desk of: 1 7. P. 1 Immedii e TX Result Report ( Aug, 4. 20001:08PM ) Fax Header) File Date Time Destination Mode TXtime Page Result User Name No, ---------------------------------------------------------------------------------------------------- Aug. 4. 1:06PM 5407229528 G3TES) 1"19" P. 11 OK 1851 # Batch M Memory L Send later @ . Forwarding E ECM S Standard D Detail F Fine Reduction LAN —Fax t Delivery O RX Notice ReQ. A RX Notice HALL, MONAHAN, ENGLE, MAHAN & MITCHELL A PARTNERSHIP OF PROFESSIONAL CORPORATIONS WILBUR C. HALL (1892-1972) THOMAS V. MONAHAN (1924-1999) SAMUEL D. ENGLE O. LELAND MAHAN ROBERT T. MITCHELL, RJR. JAMES A. KLENKAR STEVEN F. JACKSON DENNIS J. MCLOUGHLIN, JR. HAND DELIVERED ATTORNEYS AT LAW I a 7 EAST MARKET STREET LEESBURG, VIRGINIA TELEPHONE 703-777-1050 9 EAST SOSCAWEN STREET WINCHESTER, VIRGINIA TELEPHONE 540-662-3200 FAX 540-662-4304 E-MAIL lawyers@hallmonehan.com August 3, 2005 Michael T. Ruddy, AICP Deputy Director Frederick County Department of Planning & Development 107 North Kent Street Winchester, VA 22601 PLEASE REPLY TO: P. O. Box 848 WINCHESTER, VIRGINIA 22604-0848 Re: Declaration of Restrictive Covenant—DuBrueler (Freedom Manor) Dear Mike: I have reviewed the draft Declaration of Restrictive Covenant provided by DuBrueler's counsel. Rather than list my suggested revisions in a letter, I found it preferable to just propose a suggested revised draft of the Declaration. Accordingly, you will find enclosed a copy of my revised draft, together with a copy of the last draft I received from DuBrueler's counsel. Please contact me if you have questions, comments, or concerns with my draft. HALL, MONAHAN, ENGLE, MAHAN & MITCHELL Michael T. Ruddy, AICP August 3, 2005 Page 2 With kind regards, I am IRo ti lyyours, t T. Mitt1l. RTM/msp DECLARATION OF DRAFT RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS, dated this day of , of 2005, by and among Steven A DUBRUELER, Ray N. DUBRUELER, and Madeline F. DUBRUELER, parties of the first part, hereinafter referred to as "Declarants", the COUNTY OF FREDERICK, Virginia, party of the second part, hereinafter referred to as "County", FIRST BANK, a Virginia banking corporation, party of the third part, hereinafter referred to as "Bank", and Steven G. BUTLER, Trustee, party of the fourth part, hereinafter referred to as "Trustee". WITNESSETH: WHEREAS, Declarants are the fee simple owners of certain real property lying and being situated two miles south of the City of Winchester, in Shawnee Magisterial District, Frederick County, Virginia, containing 2.2021 acres, more or less, and being further identified as Tax Parcel No. 64-A-19 (hereinafter referred to as "the Property"); and WHEREAS, Declarants desire to impose a restrictive covenant on the Property regarding access to Route 822 (Westwood Drive); and WHEREAS, the note holder is the beneficiary of two notes, each secured partially by the Property, and evidenced by two deeds of trust recorded as Instrument Nos. 020018297 (modified in Instrument No. 040024652) and 050005350 among the land records of Frederick County, Virginia, the Trustee being the trustee under the aforesaid deeds of trust. NOW, THEREFORE, Declarants hereby impose the following restrictive covenants on the Property: 1. There shall be no entrance from or access to the Property from Route 822 (Westwood Drive); provided, however, the Property may be accessed from Route 822 until such time as a public road is constructed which provides other access to the Property. 2. In no event shall Declarants, as the owners of the Property, grant access across the Property to Route 822 for the benefit of any other property, and no other property shall have access across the Property to Route 822. These Restrictive Covenants shall run to the benefit of, and be enforceable by, the County. These Restrictive Covenants shall run with, and be appurtenant to, the Property, and shall be binding upon the Declarants, their heirs, personal representatives, successors, and assigns. The Bank and the Trustee j oin in the execution of this Declaration of Restrictive Covenants to evidence,their consent and approval of the placement of the restrictive covenants on the Property. WITNESS THE FOLLOWING SIGNATURES AND SEALS: (SEAL) Steve A. DuBrueler (SEAL) Ray N. DuBrueler (SEAL) Madeline F. DuBrueler COUNTY OF C*tbecux VIRGINIA Or 0 FIRST BANK 0 (SEAL) (SEAL) Earl W. Foreman, Vice President (SEAL) Steven G. Butler, Trustee (Notary acknowledgments to be added for all above parties) JUL-26-05 12:56 FROW is 9 T-017 P.02/07 F-015 Tax Map ID: 64-((A))-19 Prepared by Sean A. Everhart, PLC and Return to: 168 Front Royal Pike, Suite 305C Winchester, Virginia 22602 C (0 Fly DECLARATION OF RESTRICTIVE COVENANT THIS DECLARATION OF RESTRICTIVE COVENANT, is made this day of , 2005, by and among Steve A. DUBRUELER, Ray N. DUBRUELER, and Madeline F. DUBRUELER (hereinafter referred to as "Declarants"), owners of the real property described in Exhibit A and Exhibit B, )FIRST BANK, a Virginia Banking Corporation (hereinafter referred to as "Noteholder'), and Stephen G. BUTLER, TRCJ'STEE (hereinafter referred to as "Trustee"). WITNESSE7i H: WHEREAS, Declarants are the fee simple owners of certain real property in Frederick - County, Virginia, containing 2.2021 acres, more particularly described in Exhibit A (hereinafter referred to as the "Property") and 26,8733 acres, more particularly described in Exhibit B; WHEREAS, Declarants desire and intend to restrict their access rights to the Property upon certain conditions; and WHEREAS, Noteholder is the beneficiary of two Notes, each secured partially by the Property, and evidenced by two Deeds of Trust recorded as Instrument Numbers 020019297 (modified in Instrument 040024652) and 050005350 runong the land records of Frederick County, Virginia; WHEREAS, Noteholder joins in the execution c,f this Declaration of Restrictive Covenant to evidence its consent and approval of said restriction being placed on the Property in which it has a collateral interest; WHEREAS, Trustee is one of the named Trustees on said Deeds of Trust who may act individually in said capacity, and who also joins in the execution of this Declaration of Restrictive Covenant to evidence his consent as Trustee under the aforementioned Deeds of Trust. DECLARATION OF RESTRIC IVE COVENANT NOW, THEREFORE, that for and in consideration of the premises and the sum of One Dollar ($1.00), cash in hand paid, the receipt and sufficiency of which is hereby acknowledged, Declarants hereby make the following; limitation and restriction on the Property and certify that said limitation and restriction shall constitute a covenant to ran with the land and shall be binding on all parties claiming under them, and for the benefit of and limitation upon all future owners of said Property: Page 1 of 6 JUL-2645 12:56 FROM- T-017 P.03/07 F-015 1. Declarants shall retain all legal and vehiculw access rights via Route 822 (Westwood Drive) with respect to the Property unless and until a Frederick County approved roadway, with legal and vehicular ingress and egress, is granted and constructed between the Propq ty (Tax Map Parcel 64-((A))-19) and the real property described in Exhibit B (Tax Map Parcel 64-((A))-23); upon approved and completed construction of said roadway, Declarants shall not exercise any rights to vehicular access to and from the Property via Route 822 (Westwood Drive). 2. This limitation and restriction shall run exclusively to the benefit of, and shall be enforceable exclusively by, Frederick County. 3. This limitation and restriction shall run with, and be appurtenant to, the land described in Exhibit A, and shall be, binding on the Declarants, their heirs, personal representatives, successors, and assigns. WITNESS THE FOLLOWING SIGNATURES) AND SEAL(S): (SEAL) Steve A. DuBrueler (SEAL) Ray N. DuBrueler (SEAL) Madeline F. DuBrueler COMMONWEALTH OF VIRGIN'IA COUNTY OF FREDERICK, t,o wit: The foregoing Declaration of Restrictive Covenant was acknowledged before me, a Notary Public in the aforementioned jurisdiction, by Steve A. DuBrueler, Ray N. DuBrueler, and Madeline F. DuBrueler, this day of _ 2005. Notary Public My Commission Expires: — Page 2 of 6 JUL-26-05 12:5't FROM- • 0 T-017 P.04/07 F-015 FIRST BANK, ai Virginia Banking Corporation (SEAL) Earl W. Foreman, 'Vice President COMMONWEALTH OF VIRGINIA COUNTY OF FREDERICK, to wit: The foregoing Declaration of Restrictive Covenant was acknowledged before me, a Notary Public in the aforementi oned jurisdiction, by Earl W. ;Foreman, Vice President of First Bank, a Virginia Banking Corporation, this day of , 2005. Notary Public My Commission Expires: Page 3 of 6 JUL-26-05- 12:57 " FROM- T-017 P.05/07 F-015 (SEAL) Stephen G. Butler, Trustee COMMONWEALTH OF VIRG NIA CITY OF WINCHESTER, to Wit: The foregoing Declaration of Restrictive Covenant was acknowledged before me, a Notary Public in the aforementioned jurisdiction, by Stephen G. Sutler, Trustee, this day of , 2005. Notary P�iblic My Commission Expires: Page 4 of 6 JUL-26-05 12:57 FROM- 0 0 T-017 P.06/07 F-015 Exhibit A 2.2021 acres as shown on that certain plat entitled "Zoning Exhibit Showing Existing Zoning District Boundary on the Land of Steve A. DuBrueler, Ray N. DuBrueler & Madeline F. DuBrueler" by Richard E. Edens, L.S., dated January 13, 2003, and recorded as Instrument Number 030003286 among the land records of Frederick County, Virginia. AND BEING a portion of the property conveyed to Steve A. DuBrueler, Ray N. DuBrueler, and Madeline F. DuBrueler from Jean Swisher by Deed. dated October 24, 2002 and recorded October 25, 2002 as Instrument Number 020018296 among the land records o fFrederick County, Virginia. Tax Map parcel: 64-((A))-19 Page 6 of 6 JUL-26-05 12:57 FROM - 0 T-017 P.07/07 F-015 Exhibit B All of that certain tract or parcel of land, containing 26.8733 acres, situate in Shawnee Magisterial District, Frederick County, Virginia, as shown on the Final Plat for Minor Rural Subdivision of the Land Standing in the Name of Doris; F. Casey, prepared by Mark D. Smith, L.S., dated July 24, 2003, and attached to the Deed of Gift from Doris F. Casey to Robin Casey-Wilisch dated and recorded December 30, 2003 as Instrument Number 030029416 among the land records of Frederick County, Virginia. AND BEING the same property conveyed to Steve A. DuBrueler, Ray N. DuBrueler, and Madeline F. DuBrueler from Doris F. Casey by Deed diated December 30, 2003 and recorded December 30, 2003 as Instrument Number 030029417 among the land records o f Frederick County, Virginia. Tax Map Parcel: 64-((A))-23 Page 6 of 6 In 0 tOUNTY of FREDERICK Department of Planning and Development 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Telephone: 540/665-5651 FAX:540/665-6395 FAX TRANSMISSION F : �1 �'r r ri IMPANY: CT -tz'= C- � "J'" FAX4: 4C 7-L2-- 91 z Remarks: Freedom Manor Date: L. I S `' G, .<' Number of Pages (including cover sheet) i Subject: Freedom Manor Date: Mon, 20 Jun 2005 13:45:10 -0400 From: Mike Ruddy <Mruddy@co.frederick.va.us> To: Mark Smith <msmith@greenwayeng.com> Hi Mark: Hope all is well. As soon as you have the revised version of the Freedom Manor GDP available with the new 522 entrance location, please forward it to me as I am putting together the agenda for the Planning Commission today and tommorrow. Thanks. Mike. From the desk of- P, 1 Immediate TX Result Report ( Jun.20,11k05 12:56PM) Fax Header) File Date Time Destination Mode TXtime Page Result User Name No, ---------------------------------------------------------------------------------------------------- Jun.20. 12:56PM 5407229528 G3TES 0"14" P. 1 OK 1586 # Batch M Memory L Send later @ . Forwarding E ECM S Standard D Detail F Fine Reduction LAN —Fax t Delivery 0 RX Notice Req. A RX Notice 0 • GREENWAY ENGINEERING 151 Windy Hill Lane r_„ rided Winchester, Virginia 22602 T R A N S M I T T A L Project Name: Freedom Manor Rezoning File No: 3230 Date June 17, 2005 To: FC Planning Fmm: Evan Wyatt Attn: Mike Ruddy GREENWAY ENGINEERING Phone: 540-662-4185 Copied Fax: 540-722-9528 ❑ Urgent ❑ For Your Review ® As You Requested ❑ Please Comment Message: Hi Mike, Please find attached the revised proffer statement for the Freedom Manor Rezoning with original owner and notary signatures that reflects the off -site road improvement issues that we discussed. Please also find attached 69 color copies of the revised Generalized Development Plan that provides for the relocation of the Route 522 entrance to the southern limits of the project site. Please advise me if you need any additional information at this time. Thank you! Evan Greenway Engineering Telephone 540-662-4185 FAX 540-722-9528 www.greenwayeng.com Freedom Manor Subject: Freedom Manor Date: Thu, 16 Jun 2005 16:48:06 -0400 From: "Evan Wyatt" <ewyatt@greenwayeng.com> To: <mruddy@co.frederick.va.us> CC: "Mark D. Smith" <msmith@greenwayeng.com> Hi Mike, Thanks again for meeting with me to discuss the Freedom Manor proffer and to share your thoughts. I have attached a file that shows the revisions for the off -site improvements in bold -italic text. After looking at the profferr, it seemed to me that I should include language for the off -site improvements in Section C1 and C2. I met with Mark Smith to discuss the concerns that you have with Section C3, as well as the desire to have the GDP modified to relocate the entrance point on Route 522. Mark's belief is that keeping C3 gives the County more control over the concern with connectivity, in that if the deed restriction was lifted, the County would not be obligated to approve a site plan for the zoned property that adjoins Westwood Drive unless the proffer was modified. Nonetheless, please advise us of the results from your discussion with Bob Mitchell as soon as possible. Mark reminded me that there is a wetland issue on Robin's property in the location where you had sketched the Rt 522 connection/street system that would align with Vine Lane. This wetland was a result of VDOT's drainage improvements when Rt 522 was widened in the 90s. Therefore, we will modify the GDP to shift this Rt 522 entrance down by the Omps Funeral Home property. I will be out next week so please coordinate any issues with Mark. I advised Mark that you would typically mail the 7/6 PC agenda out on 6/24. Thanks! Evan Evan Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 Phone: 540-662-4185 Fax: 540-722-9528 Visit us on the web at www.greenwaveng.com 0��� =_ii� Greenway Engineering •� �_ "' Nome Company history Services Portfolio Company directory u Forurrled hr 1971 1 of 2 6/17/2005 8:59 AM Freedom Manor Name: Freedom Manor Fir Proffer Bold -Italic Text Revisions 6-16-05.doc Type: WINWORD File Freedom Manor Final Proffer Bold -Italic Text Revisions 6-16-05.doe (application/mswor, Encoding: base64 Description: Freedom Manor Fir. Proffer Bold -Italic Text Revisions 6-16-05.doc 2 of 6/17/2005 8:59 AM a A /JN GREENWAY ENGINEERING %*To7 151 Windy Hill Lane Fronded in 1971 Winchester, Virginia 22602 T R A N S M I T T A L Project Name: Freedom Manor File No: 3230 Date June 7, 2005 To: Frederick County Planning From: Andy Conlon Attn: Mike Ruddy GREENWAY ENGINEERING Phone: 540-662-4185 Copied Fax: 540-722-9528 Delivery: ❑ Fed Ex ❑ U.S. Mail ® Courier ❑ Pick lip ❑ Other ❑ Urgent ® For Your Review ❑ As You Requested ❑ Please Comment Message: Mike: Attached please find: -Application fee check for $5,687.00 Sign deposit fee check for $100 (2 signs) -Rezoning application Special Limited Power of Attorney form Impact Ananlysis Statement -4 Exhibits (44 copies of each are attached) Traffic Impact Ananlysis -Proffer Statement -Review Agency comments Deed, plat, and verification taxes paid Thank you for your assistance. Call with any concerns. Hand Delivery and Pick Ups Only: Received By: _ Date: JUN 7 21' 0 ft COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC MEETING August 31, 2005 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #09-05 FOR FREEDOM MANOR On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public meeting being held on Wednesday, September 14, 2005, at 6:00 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 #09-05 of Freedom Manor, submitted by Greenway Engineering, to rezone 26.87 acres from RA (Rural Areas) District to RP (Residential Performance) District for 70 single family homes. The property fronts on the east side of Papermill Road (Route 644), approximately 2,300 feet west-northwest of the intersection of Papermill Road (Route 644) and has access to Front Royal Pike (Route 522), in the Shawnee Magisterial District, and is identified by Property Identification Number (PIN) 64-A-23. Any interested parties having questions or wishing to speak may attend this public meeting. 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, Michael T. Ruddy Deputy Planning Director MTR/bad 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 This is to certify tha the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick County, Virginia: 64 -3- - A-1 64 - A• • 23- JUCAPA, LC DUBRUELER, STEVE A 1600 AMHERST ST 0Cf(.� & DUBRUELER, RAY N & MADELINE WINCHESTER, VA 22601 2805 1686 S PLEASANT VALLEY RD WINCHESTER, VA 22601 64 - A- - 23-A WILISCH, ROBIN CASEY Mr. Mark D. Smith, P.E., L.S. 21 PEYTON ST Greenway Engineering WINCHESTER, VA 22601-4837 151 Windy Hill Lane Winchester, VA 22602 64 - A• - 24 HALDEMAN, PAUL M JR, TRUST 63 - A- . 146- CIO FIRST BANK • TRUST DIVISIO BREEDLOVE, THOMAS W. & MABEL 1835 VALLEY AVE 3575 PAPERMILL RD WINCHESTER, VA 22601 WINCHESTER, VA 22602-4448 64D - 1- B• A- 64 - 2- - D• DETLEFSEN, ROBERT 0. & MILDRED WOLFE, RALPH H 207 WESTWOOD DR WOLFE, EDITH M WINCHESTER, VA. - 22602.4465 110 VINE LN WINCHESTER, VA 22602 64 -2- - D2- HERNANDEZ, JOSE D 1181 FRONT ROYAL PIKE WINCHESTER, VA 22602.4424 64 -3- - A- SHENANDOAH MEMORIAL PARK, INC C/O CORNERSTONE FAMILY SERVICE`c^- 155 RITTENHOUSE CIR BRISTOL, PA 19007.1617 Michael T. Ruddy, Deputy Planning Dir ctor Frederick County Planning Department STATE OF VIRGINIA I, - l &t in% , a Notary Public in and for the State and County aforesaid, doh eby certify that Michael T. Ruddy, Deputy Planning Director for the Department of Planning a d Development, whose name is signed to the foregoing, dated has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this ( day of My con-unission expires on NOTARY RVBLIC 64D - 2- A- 1- LARGENT, ROBERT M & PATSY 141 WESTWOOD DR WINCHESTER, VA 22602.4464 64D - 2- - 2- DODD, JEFFREY B & BRENDA S 155 WESTWOOD DR WINCHESTER, VA 22602-4464 64D - 2- A- 3- MAYHEW, RAYMOND H & E JEAN 366 SINGHASS RD WINCHESTER, VA 22602.2137 64D - 2- A- 4- MIDKIFF, BARBARA L 179 WESTWOOD OR WINCHESTER, VA 2.2602.4464 64D - 2- A- 5- BROOKS, PAUL D. & WILLENE C. 224 QUAIL RUN LN WINCHESTER, VA 22602.1961 64D - 2- A- 6- ANDERSON, JOHNNY H. 197 WESTWOOD DR WINCHESTER, VA. 22602-4464 64D - 4- - 1- ELLIOTT, ROBERT P & DOROTHY E 1215 FRONT ROYAL PIKE WINCHESTER, VA 22602-4425 64D - 4- - 2- FOX, ELWOOD H & TURESSA K 1231 FRONT ROYAL PIKE WINCHESTER, VA 22602.4425 64D - A- - 27- MADIGAN, LOUISE CRAIG ETALS 1154 FRONT ROYAL PIKE WINCHESTER, VA 22602.4411 64D - A- - 30- CROSS, ANN S TRUSTEE 1170 FRONT ROYAL PIKE WINCHESTER, VA 22602.4411 J GGBARB _ ARA-DATA PROCESSING �v FROM :Bev-Plnnn' g Dept. b Please print � sets of labels b Adjoining Property Owners y 11 THANKS!! Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County Administrative Building, 107 North Kent Street. Name and Property Identification Number Address Name: Thomas W,,& Mabel L. Breedlove 3575 Papermill Road 63-((A))-146 ,I Winchester, VA 22602 Name: Dave Holiday Construction, Inc. P.O. Box 2715 64-((2))-D — Winchester, VA 22604 Name: Jose D. Hernandez 800 National Avenue 64 - ((2)) — D2 Winchester, VA 22601 Name: Shenandoah Memorial Park, Inc 155 Rittenhouse Circle 64 - ((3)) — A % Bristol, PA 19007 Name: JUCAPA 1600 Amherst Street 64 - ((3)) - Al Winchester, VA 22602 Name: Steve A. DuBrueler, et als 1686 S Pleasant Valley Road 64 - ((A)) — 19 Winchester, VA 22601 Name: Robin Casey-Wilisch 21 Peyton Street 64 - ((A)) - 23A , Winchester, VA 22601 Name: Paul M. Haldeman, Jr 38 Rouss Avenue % BB&T Trust Winchester, VA 22601 64 - ((A)) — 24 Name: Robert O. & Mildred L. Detlefsen 207 Westwood Drive 64D - ((1)) - (B) — A Winchester, VA 22602 Name: Robert M. & Patsy O. Largent 141 Westwood Drive 64D - ((2)) - (A) —1 Winchester, VA 22602 Name: Jeffrey B. & Brenda S. Dodd 155 Westwood Drive 64D - ((2)) - 2 Winchester, VA 22602 Name: Raymond N. & E` Jean Mayhew 366 Singhass Road 64D - ((2)) - (A) — 3 Winchester, VA 22602 Name: Barbara L. Midkiff 179 Westwood Drive 64D - ((2)) - (A) — 4 Winchester, VA 22602 Name: Pau64D - ((2)) - (A) — 5 I D. & Willene C. 224 Quail Run Lane Brooks Winchester, VA 22602 Name: Johnny H. Anderson 197 Westwood Drive 64D - ((2)) - (A) — 6 Winchester, VA 22602 Name and Property Identification Number Address Name: Robert P. & Dorothy E. Elliott 1215 Front Royal Pike 64D - ((4)) — 1 , Winchester, VA 22602 Name: Elwood H. & Turessa K. Fox 1231 Front Royal Pike 64D - ((4)) — 2 Winchester, VA 22602 Name: Elwood H. & Turessa K. Fox 1231 Front Royal Pike 64D - ((4)) — 3 Winchester, VA 22602 Name: Elwood H. & Turessa K. Fox 1231 Front Royal Pike 64D - ((4)) — 4 Winchester, VA 22602 Name: Louise Craig Madigan, et als 1154 Front Royal Pike 64D - ((A)) — 27 " Winchester, VA 22602 Name: Louise Craig Madigan, et als 1 154 Front Royal Pike 64D - ((A)) — 28 Winchester, VA 22602 Name: Ann S. Cross 1170 Front Royal Pike 64D - ((A)) — 30 J Winchester, VA 22602 Jam and Smudge Free Printing Use Avery© TEMPLATE 51610 • www.avery.com 1-800-GO-AVEO NAVERYO 5161® 63 - A- - 146- BREEDLOVE, THOMAS W. & MABEL 3575 PAPERMILL RD WINCHESTER,VA 22602.4448 64 -2- - D- WOLFE, RALPH H WOLFE, EDITH M 110 VINE LN WINCHESTER,VA 22602 64 -2- - D2- HERNANDEZ, JOSE D 1181 FRONT ROYAL PIKE WINCHESTER,VA 22602.4424 64 - 3- - A- SHENANDOAH MEMORIAL PARK, INC CIO CORNERSTONE FAMILY SERVICE 155 RITTENHOUSE CIR BRISTOL, PA 19007.1617 64 - A- - 23- DUBRUELER, STEVE A & DUBRUELER, RAY N & MADELINE 1686 S PLEASANT VALLEY RD WINCHESTER,VA 22601 63 - A- - 146- BREEDLOVE, THOMAS W. & MABEL 3575 PAPERMILL RD WINCHESTER,VA 22602.4448 64 -2- - D- WOLFE, RALPH H WOLFE, EDITH M 110 VINE LN WINCHESTER,VA 22602 64 - 2- - D2- HERNANDEZ, JOSE D 1181 FRONT ROYAL PIKE WINCHESTER, VA 22602.4424 64 - 3- - A- SHENANDOAH MEMORIAL PARK, INC CIO CORNERSTONE FAMILY SERVICE 155 RITTENHOUSE CIR BRISTOL, PA 19007.1617 � s AU3AV S LUOYAJ Ae-AAAM Ov ® UAO�'/S.IaA�'MMM oms wege0 Di zasimn ® apldei 96ey:)as a 1a a6eaanoq!jue uolssaadwi Jam and Smudge Free Printing ® www.avery.com Use Avery@ TEMPLATE 51610 1-800-GO-AVEfe SAVERY@ 51610 64 -3- - A-1 JUCAPA,LC 1600 AMHERST ST WINCHESTER, VA 22601.2005 64 - A- - 19- DUBRUELER, STEVE A ET ALS 1686 S PLEASANT VALLEY RD WINCHESTER, VA , 22601.4483 64 - A- - 19- OUBRUELER, STEVE A ET ALS 1686 S PLEASANT VALLEY RD WINCHESTER, VA 22601.4483 64 - A- - 23-A WILISCH, ROBIN CASEY 21 PEYTON ST WINCHESTER, VA 22601.4837 64 - A- - 24- HALDEMAN, PAUL M JR, TRUST CIO FIRST BANK - TRUST DIVISIO 1835 VALLEY AVE WINCHESTER, VA 22601 64D - 1- B- A- DETLEFSEN, ROBERT 0. & MILDRED 207 WESTWOOD DR WINCHESTER, VA. 22602-4465 64 - 3- - A-1 JUCAPA,LC 1600 AMHERST ST WINCHESTER, VA 22601.2805 64 - A- - 19- DUBRUELER, STEVE A ET ALS 1686 S PLEASANT VALLEY RD WINCHESTER, VA 22601.4483 64 - A- - 19- DUBRUELER, STEVE A ET ALS 1686 S PLEASANT VALLEY RD WINCHESTER,VA 22601.4483 64 - A- - 23-A WILISCH, ROBIN CASEY 21 PEYTON ST WINCHESTER, VA 22601.4837 64 - A- - 24- HALDEMAN, PAUL M JR, TRUST CIO FIRST BANK - TRUST DIVISIO 1835 VALLEY AVE WINCHESTER,VA 22601 64D - 1- B- A- DETLEFSEN, ROBERT 0. & MILDRED 207 WESTWOOD DR WINCHESTER, VA. 22602.4465 A2I3A�a/S A113AV-OD-008-L � @LgLs 1!Aege6 al zasimn 6965 OO uao3-AADAWAAAAAA ® ap!dea a6ey�as a 1a a6eaanoq!lue uolssaaduil Jam and Smudge Free Printing ® www.avery.com Use Avery@ TEMPLATE 51610 1-800-GO-AVElf 9 AVERY@ 51610 64D - 2- A- 1- 64D - 2- A- 1- LARGENT, ROBERT M & PATSY 0 LARGENT, ROBERT M & PATSY 0 141 WESTWOOD DR 141 WESTWOOD DR WINCHESTER, VA 22602.4464 WINCHESTER, VA 22602.4464 64D - 2- - 2- 64D - 2- - 2- DODD, JEFFREY B & BRENDA S DODD, JEFFREY B & BRENDA S 155 WESTWOOD DR 155 WESTWOOD DR WINCHESTER, VA 22602.4464 WINCHESTER, VA 22602.4464 64D - 2- A- 3- 64D - 2- A- 3- MAYHEW, RAYMOND H & E JEAN MAYHEW, RAYMOND H & E JEAN 366 SINGHASS RD 366 SINGHASS RD WINCHESTER, VA 22602.2137 WINCHESTER, VA 22602-2137 64D - 2- A- 4- 64D - 2- A- 4- MIDKIFF, BARBARA L MIDKIFF, BARBARA L 179 WESTWOOD DR 179 WESTWOOD DR WINCHESTER, VA 22602.4464 WINCHESTER, VA 22602.4464 64D - 2- A- 5- 64D - 2- A- 5- BROOKS, PAUL D. & WILLENE C. BROOKS, PAUL D. & WILLENE C. 224 QUAIL RUN LN 224 QUAIL RUN LN WINCHESTER, VA 22602.1961 WINCHESTER, VA 22602.1961 ©A? .I�t% A113AV-0E)-0O8-L .�� @ms wege6 al zosluin O a Ms uaoYAaaAWAAAAM � apldea afiey:)as a ja a6eaanogl}ue uoissaidwl Jam and Smudge Free Printing Use Avery® TEMPLATE 51610 www.avery.com 1-800-GO-AVEID AVERY@ 51610 64D - 2- A- 6- ANDERSON, JOHNNY H. 197 WESTWOOD DR WINCHESTER, VA. 22602.4464 64D - 4- - 1- ELLIOTT, ROBERT P & DOROTHY E 1215 FRONT ROYAL PIKE WINCHESTER, VA 22602.4425 64D - 4- - 2- FOX, ELWOOD H & TURESSA K 1231 FRONT ROYAL PIKE WINCHESTER, VA 22602.4425 64D - A- - 27- MADIGAN, LOUISE CRAIG ETALS 1154 FRONT ROYAL PIKE WINCHESTER, VA 22602-4411 64D - A- - 30- CROSS, ANN S TRUSTEE 1170 FRONT ROYAL PIKE WINCHESTER, VA 22602.4411 64D - 2- A- 6- ANDERSON, JOHNNY H. 197 WESTWOOD DR WINCHESTER, VA. 22602.4464 64D - 4- - 1- ELLIOTT, ROBERT P & DOROTHY E 1215 FRONT ROYAL PIKE WINCHESTER, VA 22602.4425 64D - 4- - 2- FOX, ELWOOD H & TURESSA K 1231 FRONT ROYAL PIKE WINCHESTER, VA 22602.4425 64D - A- - 27- MADIGAN, LOUISE CRAIG ETALS 1154 FRONT ROYAL PIKE WINCHESTER, VA 22602.4411 64D - A- - 30- CROSS, ANN S TRUSTEE 1170 FRONT ROYAL PIKE WINCHESTER, VA 22602.4411 @Ms OAIMAW S A113AV-09-008-1, U 10YAJ aAe-AAAAAA ems wegeB al zaslllin apldea a6ey:)as a is a6eaanogliue uolssaadwl COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING July 27, 2005 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION 409-05 FOR FREEDOM MANOR On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, August 10, 2005, at 5:00 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 409-05 of Freedom Manor, submitted by Greenway Engineering, to rezone 26.87 acres from RA (Rural Areas) District to RP (Residential Performance) District for 70 single family homes. The property fronts on the east side of Papermill Road (Route 644), approximately 2,300 feet west-northwest of the intersection of Papermill Road (Route 644) and has access to Front Royal Pike (Route 522), in the Shawnee Magisterial District, and is identified by Property Identification Number (PIN) 64-A-23. 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 hearing, 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, Michael T. Ruddy Deputy Planning Director MTR/bad 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 t: . • 0 This is to certify,_ tl}at the attached correspondence was mailed to the following on from the Department of Plaluling and Development, Frederick County, Virginia: 64 • A- - 23• 64 - 3- - A-1JUCAPA, DUBRUELER, STEVE A LC & DUBRUELER, RAY N & MADELINE 1600 AMHERST ST 1686 S PLEASANT VALLEY RD WINCHESTER, VA 22601.2805 WINCHESTER, VA 22601-4483 64 - A- - 23-A 6WA5WILISCH, ROBIN CASEY Mr. Mark D. Smith, P.E., L.S. 21 PEYTON ST Greenway Engineering WINCHESTER, VA 22601-4837 151 Windy Hill Lane Winchester, VA 22602 CAT FL-1 64 - A- - 24- HALDEMAN, PAUL M JR, TRUST 63 . A- - 146- CIO FIRST BANK - TRUST DIVISIO BREEDLOVE, THOMAS W. & MABEL 1835 VALLEY AVE 3575 PAPERMILL RD WINCHESTER, VA 22601 WINCHESTER, VA 22602-4448 64D - 1- B• A- - D DETLEFSEN, ROBERT 0. & MILDRED WOLFE, RALPH H 207 WESTWOOD DR WOLFE, EDITH M WINCHESTER, VA. 22602.4465 110 VINE LN WINCHESTER, VA 22602 64 -2- - D2- HERNANDEZ, JOSE 0 1181 FRONT ROYAL PIKE WINCHESTER, VA 22602.4424 64 -3- - A//���T� •� �� rL/ SHENANDOAH MEMORIAL PARK, INC CIO CORNERSTONE FAMILY SERVICE Michael T. Ruddy, Deputy Planning Director 155 RITTENHOUSE CIR Frederick County Plamiing Department BRISTOL, PA 19007-1617 STATE OF VIRGINIA COUNTY OF FREDERICK a Notary Public in and for the State and County aforesai , do leby certify that Mich 1 T. Ruddy, Deputy Planning Director for the Department of Plannii g an`l Development, whose name is signed to the foregoing, dated , has personally appeared before me and acknowledged the same in my State and ounty aforesaid. n Given under my hand this day of My cormnission expires on � o' NOTARY PO IC 64D - 2- A- 1- LARGENT,ROBERT M & PATIO 141 WESTWOOD DR WINCHESTER, VA 22602.4464 64D . 2- - 2 DODD, JEFFREY B & BRENDA S 155 WESTWOOD DR WINCHESTER, VA 22602-4464 64D - 2- A- 3- MAYHEW, RAYMOND H & E JEAN 366 SINGHASS RD WINCHESTER, VA 22602.2137 64D - 2- A- 4. MIDKIFF, BARBARA L 179 WESTWOOD DR WINCHESTER, VA 22602.4464 64D - 2- A- 5- BROOKS, PAUL D. & WILLENE C. 224 QUAIL RUN LN WINCHESTER,VA 22602.1961 64D - 2- A- 6- ANDERSON, JOHNNY H. 197 WESTWOOD DR WINCHESTER, VA. 22602.4464 64D - 4- - 1- ELLIOTT, ROBERT P & DOROTHY E 1215 FRONT ROYAL PIKE WINCHESTER, VA 22602.4425 64D - 4- - 2- FOX, ELWOOD H & TURESSA K 1231 FRONT ROYAL PIKE WINCHESTER, VA 22602.4425 64D - A- - 27- MADIGAN, LOUISE CRAIG ETALS 1154 FRONT ROYAL PIKE WINCHESTER, VA 22602.4411 64D - A- - 30- CROSS, ANN S TRUSTEE 1170 FRONT ROYAL PIKE WINCHESTER, VA 22602.4411 0 0 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX:540/665-6395 NOTIFICATION OF PUBLIC HEARING Tune 22, 2005 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #09-05 FOR FREEDOM MANOR On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, July 6, 2005, 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 909-05 of Freedom Manor, submitted by Greenway Engineering, to rezone 26.87 acres from RA (Rural Areas) District to RP (Residential Performance) District for 70 single family homes. The property fronts on the east side of Papermill Road (Route 644), approximately 2,300 feet west-northwest of the intersection of Papermill Road (Route 644) and has access to Front Royal Pike (Route 522), in the Shawnee Magisterial District, and is identified by Property Identification Number (PIN) 64-A-23. 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 hearing, 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, Michael T. Ruddy Deputy Planning Director MTR/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 0 0 This is to certify that the attached correspondence was mailed to the following on 6 A,-7, C)- from the Department of Planning and Development, Frederick County. Vir,inia: 64 - A- - 23- DUBRUELE-R, STEVE A & DUBRUELER, RAY N & MADELINE 1686 S PLEASANT VALLEY RD WINCHESTER, VA 22601.4483 Mr. Mark D. Smith, P.E., L.S. Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 63 - A- - 146- BREEDLOVE, THOMAS W. & MABEL 3575 PAPERMILL RD WINCHESTER, VA 22602.4448 64 - 2- - D- WOLFE, RALPH H WOLFE, EDITH M 110 VINE LN WINCHESTER,VA 22602 64 -2- - D2- HERNANDEZ, JOSE D 1181 FRONT ROYAL PIKE WINCHESTER, VA 22602.4424 64 -3- - A- SHENANDOAH MEMORIAL PARK, INC CIO CORNERSTONE FAMILY SERVICE 155 RITTENHOUSE CIR BRISTOL, PA 19007.1617 3 1 H 1ir, "r r 11\LTl1 \ 1Cl COUNTY OF FREDERICK 64 - 3- - A-1 JUCAPA,LC 1600 AMHERST ST WINCHESTER, VA 22601.2805 64 • A- • 23-A WILISCH, ROBIN CASEY 21 PEYTON ST WINCHESTER, VA 22601-4837 64 - A- - 24- HALDEMAN, PAUL M JR, TRUST CIO FIRST BANK - TRUST DIVISIO 1835 VALLEY AVE WINCHESTER,VA 22601 64D - 1- B- A- DETLEFSEN, ROBERT 0. & MILDRED 207 WESTWOOD DR WINCHESTER, VA. 22602.4465 64D - 2• A- 1- LARGENT, ROBERT M & PATSY 0 141 WESTWOOD DR 22602 4464 WINCHESTER, VA MichaelFRuddy, Deputy Planning Director Fredericounty Planning Department I, a Notary Public in and for the State and County aforesaid, do h( y certify that Michae. Ruddy, Deputy Planning Director for the Department of Planiin an . Development, whose name is signed to the foregoing, dated 6 >- 0-,F— , 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 r-zoo NOTARY OBLIe 0 U 15& 64D - 2- - 2- DODD, JEFFREY B & BRENDA So 155 WESTWOOD DR WINCHESTER, VA 22602.4464 64D - 2- A- 3- MAYHEW, RAYMOND H & E JEAN 366 SINGHASS RD WINCHESTER, VA 22602.2137 64D - 2- A- 4- MIDKIFF, BARBARA L 179 WESTWOOD DR WINCHESTER, VA 22602.4464 64D - 2- A- 5- BROOKS, PAUL D. & WILLENE C. 224 QUAIL RUN LN WINCHESTER, VA 22602.1961 64D - 2- A- 6- ANDERSON, JOHNNY H. 197 WESTWOOD DR WINCHESTER, VA. 22602.4464 64D - 4- - 1- ELLIOTT, ROBERT P �)OROTHY E 1215 FRONT ROYAL PIKE WINCHESTER, VA 22602.4425 64D - 4- - 2- FOX, ELWOOD H zi TURESSA K 1231 FRONT RG'%AL PIKE WINCHESTER, VA 22602.4425 64D - A- - 30- CROSS, ANN S TRUSTEE 1170 FRONT ROYAL PIKE WINCHESTER, VA 22602.4411 _ ,L✓ T" BARBARA DATA PROCESSING y. AJ . FRO J M : Bev-Plann' g Dept. lease print sets of labels b ,Y Adjoining Property Owners Y THANKS!! Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County Administrative Building, 107 North Kent Street. V t/ Name and Property Identification Number Address Name: Thomas W. & Mabel L. Breedlove 3575 Papermill Road 63-((A))-146 Winchester, VA 22602 Name: Dave Holiday Construction, Inc. P.O. Box 2715 64-((2))-D Winchester, VA 22604 Name: Jose D. Hernandez 800 National Avenue 64 - ((2)) — D2 Winchester, VA 22601 Name: Shenandoah Memorial Park, Inc 155 Rittenhouse Circle 64 - ((3)) — A Bristol, PA 19007 Name: JUCAPA 1600 Amherst Street 64 - ((3)) - Al Winchester, VA 22602 Name: Steve A. DuBrueler, et als 1686 S Pleasant Valley Road 64 - ((A)) — 19 Winchester, VA 22601 Name: Robin Casey-Wilisch 21 Peyton Street 64 - ((A)) - 23A Winchester, VA 22601 Name: Paul M. Haldeman, Jr 38 Rouss Avenue % BB&T Trust Winchester, VA 22601 64 - ((A)) — 24 Name: Robert O. & Mildred L. Detlefsen 207 Westwood Drive 64D - ((1)) - (B) — A Winchester, VA 22602 Name: Robert M. & Patsy O. Largent 141 Westwood Drive 64D - ((2)) - (A) —1 Winchester, VA 22602 Name: Jeffrey B. & Brenda S. Dodd 155 Westwood Drive 64D - ((2)) - 2 Winchester, VA 22602 Name: Raymond N. & E. Jean Mayhew 366 Singhass Road 64D - ((2)) - (A) — 3 Winchester, VA 22602 Name: Barbara L. Midkiff 179 Westwood Drive 64D - ((2)) - (A) — 4 Winchester, VA 22602 Name: Pau64D - ((2)) - (A) — 5 1 D. & Willene C. 224 Quail Run Lane Brooks Winchester, VA 22602 Name: Johnny H. Anderson 197 Westwood Drive 64D - ((2)) - (A) — 6 Winchester, VA 22602 A F4��- , S V Name and Property Identification Number Address Name: Robert P. & Dorothy E. Elliott 1215 Front Royal Pike 64D - ((4)) — I Winchester, VA 22602 Name: Elwood H. & Turessa K. Fox 1231 Front Royal Pike 64D - ((4)) — 2 Winchester, VA 22602 Name: Elwood H. & Turessa K. Fox 1231, Front Royal Pike 64D - ((4)) — 3 Winchester, VA 22602 Name: Elwood H. & Turessa K. Fox 1231 Front Royal Pike 64D - ((4)) — 4 Winchester, VA 22602 Name: Louise Craig Madigan, et als 1154 Front Royal Pike 64D - ((A)) — 27 Winchester, VA 22602 Name: Louise Craig Madigan, et als 1154 Front Royal Pike 64D - ((A)) — 28 Winchester, VA 22602 Name: Ann S. Cross 1170 Front Royal Pike 64D - ((A)) — 30 Winchester, VA 22602 N G W S E REQUESTING AGENT: DEPT. OF GEOGRAPHIC INFORMA' FREDERWK COUNTY, VERG GIS, MAPPING, GRAPHICS WORKREQUIEsT DATE RECEIVED:: or - REQUESTED COMPLETION DATE: Department, Agency, or Company:_ Mailing and/or Billing Address: Telephone: E-mail Address: ESTDvIATED COST OF PROJECT: DESCRIPTION OF REQUEST: (Write additional D � b L, o /0 in ti/01 DIGITAL: PAPER: FAX: SIZES: COLOR:. BLACKIWHITE: STAFF MEMBER COMPLETION DATE: MATERIALS: DATE OF PICK-UP/DELIVERY: AMOUNT DUE: AMOUNT BILLED: METHOD OF PAY N ENT: FAX: on back of request) NUMBER OF COPIES: HOURS REQUIRED: AMOUNT PAID: CHECK NO.# Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-5651) Document Approval Form PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TLME OF YOUR APPROVAL. IF TH7S DOCUMENT DOES NOT MEET YOUR APPROVAL PLEASE PROVIDE COMMENTS AS TO WHAT YOU AFOULD LIKE' TO HAVE COMPLETED. INTrLALS Candice David Mark Susan Eric COMMENTS: 0 DATE & TLME a «P /e,� Received by Clerical Staff (Date & Time): y