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Home My WebLink About005-98 Linwood & Elizabeth Ritter Property - Opequon - BackfileTRACKING SHEET Date 3-�12_t Application received/file opened 3 -CO - Reference manual updated/number assigned D-base updated File given to office manager to update bi-monthly report ul--' y"'— Four sets of adjoiner labels ordered from data processing v 40 color location maps ordered from GIS PC public hearing date ACTION: ? CCMpleiAd.-4ft BOS public hearing date ACTION: m ,/ Signed copy of resolution for amendment of ordinance, with conditions proffered, received from County Administrator's office and placed in Proffers notebook. (Note: if no proffers, resolution goes in amendments without proffers notebook.) 4-Z-7-99' 'T �� •1 File given to office manager to update bi-monthly report (final action) File given to Mapping & Graphics to update zoning map 0-27-5.6 Zoning map amended Other notes: CASH RECEIPT Date 1 C J`� �1 \ YJ 19� . Received From Address •��\' it Dollars $ r For AMT. OF r , CASH ACCOUNT r_ C AMT. PAID CHECK � - 9ALAMCE MONEY DUE ORDER BY - ie F � L 11', C 0 b"W COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAY: 540/ 678-0682 April 24, 1998 Mr. Mark D. Smith, P.E., L.S. Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: REZONING APPLICATION #005-98 OF LINWO,OD & ELIZABETH RITTER; PIN 86-A-21B Dear Mark: The Frederick County Board of Supervisors approved your request to rezone 8.264 acres, identified as PIN 86-A-21B from RA (Rural Areas) to RP (Residential Performance) District in regular meeting on April 22, 1998. The proffers that were approved as a part of this rezoning application are unique to this property and are binding regardless of ownership. Enclosed is a copy of the adopted proffer statement for your records. Please do not hesitate to contact this office if you have any questions regarding the approval of this rezoning application. Sincerely, Evan A. Wyatt Deputy Director EAW/cc Enclosure cc: Linwood D. Ritter Robert M. Sager; Opequon Supervisor Ellen Murphy, Commissioner of Revenue VDOT - Steve Melnikoff Tom Sullivan, Fred. Co. Public Schools Jim Doran, Parks & Recreation Fred. Co. Fire & Rescue - Denny Linaburg O:\AGENDAS\APPR DEN.LTR\RMER.REZ 107 North Kent Street • Winchester, Virginia 22601-5000 REZONING REQUEST PROFFER &OPERTY IDENTIFICATION NUMBER 86-((A))-21B r LINWOOD D. RITTER AND ELIZABETH A. RITTER 1 Pursuant to Section 15.1 - 491.1 Et Seq., of the Code of Virginia, 1950. as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia shall approve rezoning application k 005.9Rfor the rezoning of approximately 8.264 acres from the Rural Areas (RA) Zoning District to the Residential Performance (RP) Zoning District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with said code and zoning ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the applicant and their legal successors, heirs, or assigns. The subject property is more particularly described as all of the land conveyed to Linwood D. Ritter and Elizabeth A. Ritter by deed from Joel O. Stowe and Lucita M. Stowe dated March 19, 1986 of record in the Frederick County Circuit Court Clerk's Office in Deed Book 613 at Page 443. The subject property is further described by survey, attached to said deed, prepared by Lee A. Ebert and dated November 13, 1985 and is purported to contain 8.264 acres. The conditions proffered are as follows: 1. GENERAL DEVELOPMENT PLAN The development of the subject property and thq submission ollany Master cvdopment Plan will provide fora street lavout connecting with Double Church Road, -Route 641—substantially in accordance with that shown on the attached addendum ` A" - preliminary layout, Linwood D. Ritter, Et Ux property. Voluntarily proffered as part of the rezoning are improvements for turn lanes, dedication of necessary right-of-way, and other improvements deemed necessary by and as required by the Virginia Department of Transportation during the subdivision approval process in order to provide a safe entrance to the development. 2. MAXIMUM DENSITY The rezoned property shall not be subdivided into more than twenty (20) single family home lots and there shall not be constructed thereon more than (20) single family detached dwellings. There shall be no apartments, duplexes, townhouses or other multifamily dwellings constructed on the property. 3. MONETARY CONTRIBUTION TO OFFSET IMPACT OF DEVELOPMENT The undersigned owners of the above -described property hereby voluntarily proffer that in the event the subject property containing approximately 8.264 acres, lying on the west side of Double Churches Road (Route 641) about 0.6 mile south of Fairfax Pike (Route 277) in the Opequon Magisterial District, Frederick County, Virginia is approved for rezoning from Rural Areas (RA) zoning district to Residential Performance (RP) zoning district, the undersigned will pay to the Treasurer of Frederick County, Virginia, at the time a building permit is issued for each lot, the sum of Three Thousand Nine Hundred Thirty Four Dollars and Twenty -One Cents ($3934.21) per approved lot for community services as directed in attached addendum "B" at time of issuance of each building permit. 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 grant this rezoning and accept the conditions, the proffered conditions shall apply to (lie land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: Property Owners Linwood D. Ritter Elizabeth A. Ritter Commonwealth of Virginia Sity/County of Lol0 i\ tC 1- To Wit: The foregoing instrument was acknowledged before me this lq11 day of Y r {^ 1998 by Linwood D. Ritter and Elizabeth A. Ritter. n, .\ ^ram ff Notary Public My Commission Expires Q Ll ADDENDUM "A" V,Ste,. 63 W VUUBLE CI-IURCN ROAD PROJECT SUMMARY RTE. 641 TOTAL AREA = 8.264 ACRES HOUSING TYPE = SINGLE FAMILY DETACHED CLUSTER (10,000 SQ. FT. LOTS) TOTAL LOTS = 20 ® 10,000 SQ. FT. MIN. OPEN SPACE REQUIRED = 15% CURB & GUTTER, SIDEWALKS, AND STREETLIGHTS REQUIRED. PREL 11"iINARY LAYOUT AS TH op LINWOOD D. RITTER, ET UX PROPERTY OPEQUCN DISTRICT, FREDERICK COUNTY, VIRGINIA MARK D. SMITH SCALE: 1" = 100' DATE: OCTOBER 8, 1997 No.002009 GREENWAY ENGINEERING Engineers 151 WINDY HILL LANE WINCHESTER, VA. 22602 4 S[JR Surveyors TELEPHONE: (540) 662-4185 Founded in 1971 FAX: (540) 722-9528 SHEET 1 OF 1 ADENDUM "B" MONETARY IMPACT OF DEVELOPMENT BREAKDOWN OF IMPACTS BY CATEGORY: Schools & Education $ 3,330.60 Parks & Recreation $ 591.05 Stephens City Fire & Rescue Co. $ 12.56 Total Contribution Per Approved Lot $ 3,934.21 • E PC REVIEW DATE: 04/01/98 BOS REVIEW DATE: 04/22/98 REZONING APPLICATION #005-98 LINWOOD AND ELIZABETH RITTER 4 To Rezone 8.264 Acres from RA (Rural Areas) to RP (Residential Performance) LOCATION: This property is located on the western side of Double Church Road (Route 641), approximately one-half mile south of the intersection with Fairfax Pike (Route 277). MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBERS: 86-A-2113 PROPERTY ZONING & PRESENT USE: Zoned: RA, Rural Areas District Land Use: Residential ADJOINING PROPERTY ZONING & PRESENT USE: North - Zoned: RP, Residential Performance Use: Residential (Woodside Estates II) South - Zoned: RP, Residential Performance Use: Residential (Woodside Estates II) RA, Rural Areas Residential East - Zoned: RA, Rural Areas Use: Residential West - Zoned: RP, Residential Performance Use: Residential (Woodside Estates II) PROPOSED USE: Single Family Residential Lots REVIEW EVALUATIONS: Virginia Dept. of Transportation: No objection to the subdivision of this property. This section of street is currently not in the State's Secondary Road System. However, all entrance design and drainage features must meet state requirements if the street is to be eligible for acceptance. A complete set of construction plans will be required for review. (See attached letter front VDOT to Mr. Richard Edens dated February S, 1998.) • • Linwood & Elizabeth Ritter, REZ #005-98 Page 2 April 16, 1998 Frederick Co. Sanitation Authority: Water and sewer are available to this property. Public Works: The County Engineer has expressed concerns with additional traffic on Double Church Road, and has stated that the location of sewer and the development of storm water management need to be addressed at the subdivision design stage. (See attached letter from E. Harvey Strawsnyder dated 1-28-98.) Frederick Co. Fire and Rescue: No comments. Stephens City Vol. Fire and Rescue: The Stephens City Fire Company does not endorse this application due to the net fiscal impact amount demonstrated by the Frederick County Capital Facilities Impact Model, as well as the fashion in which the applicant has proffered to disburse these funds. (See attached letter from Gregory Locke, Chief, dated 3-3-98.) Frederick Co. Dept. of Parks & Rec.: I would recommend that current impact information be reviewed when considering the proposed proffers for Parks and Recreation services. I have attached the most up-to-date information using the proffer model and current Capital Improvement Plan project estimates. (See attached print-out.) County Attorney All amounts to be paid to the County, not to Fire and Rescue; otherwise, form of proffers appears satisfactory. Frederick Co. Public Schools: The School Administration feels that this rezoning will have an impact on current and future school needs and asks that this concern be taken into consideration when this application is considered. (See attached letter from Thomas Sullivan, Admin. Asst, to the Superintendent, dated 1-26-98.) Planninji & Zonin2: 1) Site History An 8.264-acre subdivision of a 41.45-acre tract was approved by Frederick County in April 1986, which established this parcel. The residual land was rezoned by the Board of Supervisors on June 6, 1996, and is currently under construction as Woodside Estates II. 2) Location The 8.264-acre tract is located within the Frederick County Urban Development Area (UDA) and the Frederick County Sewer and Water Service Area (SWSA). The Frederick County Comprehensive Policy Plan states that any new suburban residential development served by sewer Linwood & Elizabeth Ritter, REZ #005-98 Page 3 April 16, 1998 and water will have to be located in the UDA. The 8.264-acre tract is adjacent to existing and proposed residential development, including Woodside Estates II and single-family structures on land that is zoned RA, Rural Areas. The Double Church Road Agricultural and Forestal District is located within close proximity of this tract, which includes the Wymer tract located directly across Double Church Road. 3) Site Suitability The 8.264-acre tract does not contain areas of steep slopes, woodlands, flood plain, or prime agricultural soils. The applicant has identified a small area of natural stormwater retention on site; however, this area is not identified on the National Wetlands Inventory Map. The site does not contain structures of historic significance, nor is the property within an area designated as a potential historic district by the Frederick County Rural Landmarks Survey. The site has frontage along Double Church Road, which is defined as a major collector road on the VDOT Functional Classification Map in the Comprehensive Policy Plan. This type of road does not permit individual lot access; therefore, all lots would be served through one connection with Double Church Road. The site can be served by public water and sewer, and is proposed to tie into eight -inch water and sewer lines that will serve Woodside Estates H. The FCSA has verified that service and capacity can be accommodated. 4) Potential Impacts a) Traffic: The applicant has submitted a traffic impact analysis for this rezoning which provides 1995 average daily traffic count information (ADT), additional ADT based on the proffered density, peak hour trip generation, and turning movement assumptions. The net impact of this rezoning would account for an additional 180 vehicle trips per day, which would increase the ADT on Double Church Road by 12%. The peak hour trip generation would account for 21 vehicle trips during the a.m. and p.m. peak hours at the proffered density. The applicant has estimated that 90%, or 162 of the 180 ADT, will proceed to the north to the signalized intersection with Fairfax Pike. Staff has been advised by VDOT representatives that they do not feel this will decrease the Level Of Service at this intersection. b) Community Facilities and Services: The Capital Facilities Impact Model was applied to this rezoning proposal on October 21, Linwood & Elizabeth Ritter, REZ #005-98 Page 4 April 16, 1998 1997. The results of this model run demonstrated a negative fiscal impact to public schools, parks and recreation, and fire and rescue services. 5) Impact Statement/Proffer Statement The applicant has submitted a proffer statement which has been signed, notarized, and reviewed by the County Attorney. The applicant has proffered that a maximum of 20 single-family detached residential lots will be developed on this 8.264-acre tract. The applicant has proffered a General Development Plan which demonstrates one access point onto Double Church Road and calls for the dedication of right-of-way, the provision of turn lanes, and the provision of other road improvements required by VDOT. Finally, the applicant has proffered a monetary contribution that is consistent with the results of the Capital Facility Impact Model. This monetary contribution is proffered to be made payable to Frederick County and allocated to public schools, parks and recreation, and the Stephens City Fire and Rescue Company. STAFF RECOMMENDATION FOR 04/01/98 PLANNING COMMISSION MEETING: The Comprehensive Policy Plan states that new suburban residential development must be located within the UDA, and should only be approved when roads and other infrastructure with sufficient capacity have been provided. The applicant has proffered to improve Double Church Road as required by VDOT, as well as dedicate necessary right-of-way. Double Church Road is delineated on the WATS as requiring improvements to correct geometric deficiencies on a two-lane typical section. The dedication of right-of-way will assist with this project in the future. Adequate sewer and water capacity are available to serve the proffered 20 lots, and the monetary contribution will mitigate the negative fiscal impacts to capital facilities. The proximity of the 8.264-acre tract to the Double Church Road Agricultural and Forestal District, as well as agricultural land uses, is of concern to staff. Residents within the agricultural community and the suburban residential community have expressed concerns to the Board of Supervisors during the last few years which have included topics such as land use compatibility, nuisances, the need for buffers, and land use. Staff believes that it would be appropriate to have the developer disclose the location of the Double Church Road Agricultural and Forestal District and permitted land uses in the rural areas within all property deeds and sales literature. Staff believes the applicant has satisfactorily addressed the impacts associated with the requested rezoning. Linwood & Elizabeth Ritter, REZ #005-98 Page 5 April 16, 1998 PLANNING COMMISSION SUMMARY & ACTION OF 04/01/98: Planning Commissioners were concerned about the increased expansion and development into this rural area and the issue of encroachment on the Agricultural and Forestal District. They pointed out that this area had been designated by the residents themselves as an Agricultural District and this rezoning was an additional intrusion into those desires. They were not sure that the impact to fire and rescue services was mitigated by the monetary proffer, and they were concerned about the increased demands that will be made on the school system. Members of the Commission said that the traffic impact on Double Church Road and, ultimately, on Route 277 is still an issue; they felt it was difficult to support more residential development until something was accomplished with Route 277. In addition, there was concern about the single access on Double Church Road. Despite this, Commissioners noted that the subject parcel was entirely within the UDA and the SWSA and it was surrounded on three sides by RP development. It was pointed out that since none of the land south of this was zoned RP, no development could occur further south, unless the UDA and the SWSA was extended. One resident on Double Church Road spoke in opposition to the rezoning because of the additional traffic and the increased impact on the schools. The Planning Commission recommended approval of the rezoning with the proffers submitted based on the fact that the parcel was surrounded on three sides by RP development, that the parcel was located in the UDA and the SWSA, and that no further development could occur to the south without extension of the UDA and the SWSA. A majority vote approved the rezoning, as follows: YES (TO APPROVE THE REZONING): Stone, Romine, DeHaven, Copenhaver, Light NO: Ours, Wilson, Marker, Morris (Note: Mr. Thomas and Mr. Miller were absent from the meeting.) O:\AGENDAS\REZONE\COMMENTS\RITTER. REZ REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: Greenway Engineering Telephone: 540-662-4185 Address: 1 51 Wi ndl 4 Hi 1 1 LnnP Winchester Va. 22602 2. Property Owner (if different than above) Name: Linwood D. Ritter Address: 746 Double Church Road Stephens City, Va. 22655 3. Contact person if other than above Telephone: 5 4 0- 8 69 -412 3 Name: Msric p. gm; th, p. r_ , T,_ S. Telephone: 540-662.-41 85 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 €0 • • 5. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: 6. A) Current Use of the Property: Residential B) Proposed Use of the Property: R P G i d Pn 1- i a 1 7. Adjoining Property: PARCEL ID NUMBER 86-((A))-21 86-((A))-22 86-((A))-71A 86- A -72A USE Proposed Residential Residential Residential Residential 86-((A))-72B Residential RP_ RA RA RA RA ZONING 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): West side of Double Church Road (Route 641 0.6 mile south of Fairfax Pike (Route 2.77) East of Town of Stephens Citv. _ #746 Double 0 �.` }�� ✓ajar. �.. c 12 0 • Information to be Submitted for Capital Facilities Impact Model In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density or intensity scenario for the proposed Zoning District as described on Page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number 8 6 - ((A)) - 21 B Districts Magisterial: Opequon High School: Sherando Fire Service: Co.11-Stephens City Middle School: Aylor Rescue Service:Co .11-Stephens City Elementary School:Middletosan 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning _FZoning Requested 8.264 Total acreage to be rezoned 11. The following information should be provided according to the type of rezoning proposed : Number of Units Proposed Single Family homes: 20 Townhome: 0 Multi -Family: 0 Non -Residential Lots: 0 Mobile Home: 0 Hotel Rooms: 0 Office: Retail: Restaurant: 0 0 0 Square Footage of Proposed Uses 13 Service Station: 0 Manufacturing: 0 Warehouse: 0 Other: 0 /',9 l 1217, 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. Applicant(s): Date: (a 9 Date: Owner(s): a, _ '� _ Date: S Date: C5-,�_� 14 Adjoining Property Owners Rezoning Owners of property adjoining the land will be notified of the P of Supervisors meetings. For the purpose of this application, al abutting the requested property on the side or rear or any right-of-way, a private right-of-way, or a watercourse fri applicant is required to obtain the following information on ea parcel identification number which may be obtained from 1 Revenue. The Commissioner of the Revenue is located a to Administrative Building, 107 North Kent Street. Name and Property Identification Number Address Name Jeni Company P.O. Box 2598 Winchester, Va. 22604 Proe # 86-((A))-21 Name Charles S. Carbary 784 Double Church Stephens City, Va. Rd. 22655 Property # 8 6 - ( (A) ) -Z?- Name Tim B. Thomas&Denise L. Thomas 781 Double Church Stephens City, Va. Rd. 22655 Proe # 86- A -71A Name 749 Double Church Stephens City, Va. Rd. 22655 Property # _ _ 7 9 A Name Kenneth E. Wymer 731 Double Church Stephens City, Va. Rd. 22655 Proe # 86-((A))-72B Name Property # Name Property # Name Property # Name Property# NameF,G! r Property # 15 `.. 64 UES, 41 Shona I V1y' 11's �off A�jU N R U. f 8 A 64 MACEbONL1 ty- STEPHENS AINUT—_ — r Bass -Hoover CITY , , "I A. . T of U_ A* 631 ST Ch c Stephens City Mennonite 1 Y 4 735", Cl 16e ALBIN CORRIED "N"No cl b ti 4* 647 ,OWN[ R, M belt A I 1 141, URT 7aF ? < LyrFq 44 Ballfields r Itlp Boat Rentals ; *AN' Fishing Fitness Course b4l If T SHERANDO Frisbee Golf Area Hdv Picnicking N z77 sygrounds Voi I shelters Jorneswe Exit- op-Cir 77 Swimming -Sh ovC fCIB 63 /h 2 6 MG EI LD \--.-Sherando HS AVE PIK 1400 641 5 I T E Firien ip aT t A airview 641 636 -c "APPROVED W INCHESTER - FREDERICK CQ HEALTH DEPT. OK613PG446 ,00 100 0 FREDERICK COUNTY PLANNING DEPL ( ° r 4 / 1 0,>• �o - -•--.. _ ... --- rye n `? `ro ZONE RA : ►r=.`': 8.264 ACRES `•�' :`r z N , TO BE REZONED RF nLu f� �N N Q �..� Z � m 01 co M 7- X WZONlW5 BC (NDARY w h ^ J J m cca i � a cmo. Soo*'.V 51' W uuudl 212.05' _ let 93'1 A PC 212.17 S03'32 06'W-2IS.81' i �VA. ROUTE 641 :l : ` ZONE RA AMENDMENT Action: PLANNING COMMISSION: Recommended Approval on April 1 1998 BOARD OF SUPERVISORS: Approved April 22, 1998 AN ORDINANCE AMENDING THE ZONING DISTRICT MAP Rezoning #005-98 of Linwood and Elizabeth Ritter WHEREAS, Rezoning Application #005-98 of Linwood and Elizabeth Ritter submitted by Greenway Engineering, to rezone 8.264 acres from RA (Rural Areas) District to RP (Residential Performance) District. This property is located at 746 Double Church Road (Route 641), and is identified with Property Identification Number 86-A-21B in the Opequon Magisterial District. WHEREAS, the Planning Commission held a public hearing on this rezoning on April 1, 1998; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance adoption on April 22, 1998; 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 8.264 acres currently zoned RA (Rural Areas) to RP (Residential Performance) 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. #13-98 • This ordinance shall be in effect on the date of adoption. Passed this 22nd day of April, 1998 by the following recorded vote: James L. Longerbeam, Chairman Aye W. Harrington Smith, Jr. Aye Charles W. Orndoff, Sr. Aye O:\AGEN DAS\REZON EULE SOLUINMR=R. RE S PDRes 0013.98 Richard C. Shickle Margaret B. Douglas Robert M. Sager A COPY ATTEST WLI'� Jo . Riley, Jr. Frederick County A 'nistrator Aye Aye Aye 0 • REZONING REQUEST PROFFER PROPERTY IDENTIFICATION NUMBER 86-((A))-2I B LINWOOD D. RITTER AND ELIZABETH A. RITTER Pursuant to Section 15.1 - 491.1 El Seq., of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia shall approve rezoning application # 00,5 `�Rfor the rezoning of approximately 8.264 acres from the Rural Areas (RA) Zoning District to the Residential Performance (RP) Zoning District, development of the subject properly shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with said code and zoning ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and of no effect whalsoever. These proffers shall be binding upon the applicant and their legal successors, lieirs, or assigns. The subject property is more particularly described as all of the land conveyed to Linwood D. Ritter and Elizabeth A. Ritter by deed from Joel O. Stowe and Lucita M. Stowe dated March 19, 1986 of record in the Frederick County Circuit Court Clerk's Office in Deed Book 613 at Page 443. The subject properly is further described by survey, attached to said deed, prepared by Lee A. Ebert and dated November 13, 1985 and is purported to contain 8.264 acres. The conditions proffered are as follows: 1. GENERAL DEVELOPMENT PLAN The development of the subject properly and the submission of any Master Development Plan will provide fora street layout connecting with Double Church Road, Route 641, substantially in accordance with that shown on the attached addendum "A" - preliminary layout, Linwood D. Ritter, El Ux property. Voluntarily proffered as part of the rezoning are improvements for turn lanes, dedication of necessary right-of-way, and other improvements deemed necessary by and as required by the Virginia Department of Transportation during the subdivision approval process in order to provide a safe entrance to the development. 2. MAXIMUM DENSITY The rezoned properly shall not be subdivided into more than twenty (20) single family home lots and there shall not be constructed thereon more than (20) single family detached dwellings. There shall be no apartments, duplexes, townhouses or other multifamily dwellings constructed on the property. 3. MONETARY CONTRIBUTION TO OFFSET IMPACT OF DEVELOPMENT The undersigned owners of the above -described property hereby voluntarily proffer that in the event the subject property containing approximately 8.264 acres, lying on the west side of Double Churches Road (Route 641) about 0.6 mile south of Fairfax Pike (Route 277) in the Opequon Magisterial District, Frederick County, Virginia is approved for rezoning from Rural Areas (RA) zoning district to Residential Performance (RP) zoning district, the undersigned will pay to the Treasurer of Frederick County, Virginia, at the time a building permit is issued for each lot, the suns of Three Thousand Nine Hundred Thirty Four Dollars and Twenty -One Cents ($3934.21) per approved lot for community services as directed in attached addendum "B" at time of issuance of each building permit. 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 grant this rezoning and accept 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: Property Owners /J ^�jI Linwood D. Ritter Elizabeth A. Ritter Commonwealth of Virginia (� flirty/County of l } �tn_c�o\_ r .VCR To Wit: The foregoing instrument was acknowledged before me this 1 q�� day of _, 1998 by Linwood D. Ritter and Elizabeth A. Ritter. Notary Public My Commission Expires ��, �_�1'__� • • ADDENDUM "A" 49 48 4 P �' i I `. c Si (` 1 1 10�86r I �.p 41 �ti� �' 10,314r ^ SO`ST < 12 i'9 i \\10081r 46 � ` �\ I0,I49r > 10,113r -- `.\ . `. 1 4 4E 121009r/�� / 12,5�11r i> ^I,, —� EX.20' idWATERLINE 43 m EASEMENT �� i' �' S \1 `�,' 10,549r) 1 10,354r 1 62 ��' v /�' 1 - � 1>1 42 N I 11 1 10,048r 1 u , 63 _ — OPEN SPACE A 16'l8 J ,1 Q 84,131r , I 11 lil ----� O I 113 I It1 711 41 \� 2--__, 110031r I 65 L--_-- 20 1 1 10f031r, bb — ---- CAR15ARY — — ---- -_ _ - - -- _, LOT ---- OPEN SPACE B OPEN ----- 9,331r SPACE DOUBLE CHURCH ROAD PROJECT SUMMARY RTE. 641 TOTAL AREA = 8.264 ACRES HOUSING TYPE = SINGLE FAMILY DETACHED CLUSTER (10,000 SQ. FT. LOTS) TOTAL LOTS = 20 0 10,000 SQ. FT. MIN. OPEN SPACE REQUIRED = 15% CURB & GUTTER, SIDEWALKS, AND STREETLIGHTS REQUIRED. PREL 11"f INILA RY LAYOUT 0"V4 LINWOOD D. RITTER, ET UX PRO=ERTYOPEQUON DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: 1" = 100' DATE: OCTOBER 6, 1997GREENWAY ENGINEERING Engineers 151 WINDY HILL LANEWINCHESTER, VA. 22602 Surveyors TELEPHONE: (540) 662-4185 F n in 1971 FAX: (540) 722-9528 1 SHEET 1 OF 1 0( ADENDUM `B„ MONETARY IMPACT OF DEVELOPMENT BREAKDOWN OF IMPACTS BY CATEGORY: Schools & Education $ 3,330.60 Parks & Recreation $ 591.05 Stephens City Fire & Rescue Co. $ 12.56 Total Contribution Per Approved Lot $ 3,934.21 GREENWAY ENGINEERING • 151 Windy Hill Lane Winchester, Virginia 22602 Founded in 1971 T R A N S M I T T A L Project Name: ►-Ey-- NCa Fax No.. Date: To: PLC 11a�y � . From: ED F-,,5 Attn: aV,� L&)& � GREENWAY ENGINEERING `0:1 N� . Erb Phone: 540-662-4185 FAX: 540-722-9528 Copied: Remarks: Urgent For your review As you requested Please Comment Message: ►SAD p o ppE2 Ln Engineers Surveyors Telephone 540-662-4185 FAX 540-722-9528 greenway@visuallink.com d� COMMONWEALTH V EALTH ®f VI RGI NI A DEPARTMENT OF TRANSPORTATION DAVID R. GEHR EDINBURG RESIDENCY JERRYA. COPP COMMISSIONER 14031 OLD VALLEY PIKE RESIDENT ENGINEER P.O. BOX 278 TELE (540) 984-5600 EDINBURG. VA 22824-0278 FAX(540)984-5607 February 5,1998 Mr. Richard Edens Ref: Linwood D. Ritter Property C/O Greenway Engineering Subdivision Rezoning Request 151 Windy Hill Lane Route 641 (Double Church Road) Winchester, VA 22602 Frederick County Dear Richard: We have reviewed the preliminary information on the referenced project and have the following comments: Under Section E. Drainage, Ritter Impact Statement, on Page 4 at the conclusion of Section E. Drainage a statement should be added as follows, after the words "for the site": However, no usage of VDOT roadway embankment can be allozved to retain/detain a stormzoater runoff. Should you have any questions, please call. Since ely,7 n mot, y� Barry J. Sweitzer Trans. Roadway Engineer For: Norman K. Sparks Trans. Ass't. Resident Engineer BJS/ rf Enclosure xc: Transportation Engineer Mr. S. A. Melnikoff Mr. Kris Tierney WE KEEP VIRGINIA MOVING i January 28, 1998 Mr. Richard Edens Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 RE: Rezoning request for Linwood P. Ritter Frederick County, Virginia Dear Mr. Edens: COUNTY of FREDERICK Department of Public Works 540/665-5643 FAX: 540/678-0682 We have completed our review of the rezoning request for 8.264 acres owned by Linwood and Elizabeth Ritter. Based on this review, we understand that the applicant plans to develop the property for 20 single family dwellings and is requesting a zoning change from RA to RP. The impact statement has adequately addressed the pertinent issues in question. However, we recommend that the Virginia Department of Transportation be consulted again to determine when Route 641 (Double Church Road) will be upgraded to carry the present traffic flows. The proposed development will only add to an existing problem. Any proposed improvements should be extended to incorporate the proposed entrance to the 20 single family dwellings. The proffer statement appears to have adequately addressed solid waste issues. However, it is not clear how these numbers were derived. The preliminary layout (addendum "A") shows 20 lots as referenced in the impact narrative. It appears that an existing sewer easement will prevent the development of Lot 1. This issue should be addressed during the subdivision design phase. .Stormwater management issues should also be addressed in detail during the subdivision design phase. Based on our knowledge of on -site geological conditions, we recommend pre - development "C" values on the order at 0.3 to 0.35. Post -development values will most probably be on the order of 0.55 depending on the actual amount of open space area. 107 North Kent Street • Winchester, Virginia 22601-5000 0 0 Linwood Ritter Rezoning Page 2 January 28, 1998 Please contact me if you have any questions regarding the above comments. Sincerely, Harvey E. Stta�vsnyder, Jr., P.E. Director of Public Works HES/rls cc: Frederick County Planning and Zoning file • . • STEPHENS CITY FIRE CO., INC. P. O. BOX 253 STEPHENS CITY, VIRGINIA 22655 March 3, 1998 Greenway Engineering, Inc. Attn: Richard Edens 151 Windy Hill Lane Winchester, VA 22602 Dear Mr. Edens: As per our previous conversations, I had some concerns over the submitted Proffer Statement, as it pertained to disbursement of Fire and Rescue Funds for the Rezoning of Property Parcels: 86-((A))-21, 86-((A))-22, 86-((A))-71A, 86-((A))-72A and 86-((A))- 72B (Linwood Ritter Property) located off of Double Church Road in Stephens City, VA. I have attached a copy of your submitted Proffer Statement, of which, includes the "Monetary Impact of Development". As the Fire Chief of Stephens City Fire and Rescue Company, Inc. I cannot, in good conscience, approve a plan that provides $12.56 to the Stephens City Fire and Rescue Department, as compared to $2,534.21 to the Schools, $225.31 to Law Enforcement, $167.25 to "Fire and Rescue Services", $157.95 to Parks and Recreation, $206.73 to Solid Waste and Public Works, and $615.55 to "Other Services". My first concern is that the figure of $167.25, of which, is earmarked for "Fire and Rescue Services", actually goes into the Frederick County Fire and Rescue system (in general). This money is distributed to all ten Frederick County Fire and Rescue stations in varying fashions and amounts. It is the Stephens City Fire and Rescue Company, Inc. that would be impacted most, being responsible for primary fire and rescue services for this newly proposed subdivision. As such, it should be the Stephens City Fire and Rescue Department that benefits most from the increased response burden. In addition to my aforementioned concern, the cost, to our Department, for the response to one Basic Life Support Emergency Medical Call is approximately $150., with a single response to a Fire incident costing the Department approximately $350. With this in mind, $12.56 will rarely cover the fuel costs for one single incident. In recent years I have watched our calls for emergency service grow from under one hundred calls annually to over 1200 calls a year. With the increased number of calls, also comes the need to replace equipment more frequently. The cost of a Basic Ambulance is now around $90,000. and a piece of Fire Apparatus may easily reach $350,000. 0 0 As a Volunteer Department, our Department relies heavily on Volunteer fund-raisers and contributions from Frederick County in order to continue to provide the services that Frederick County residents deserve. Our personnel and equipment cannot feasibly keep up with the increased population and emergency response demand without some type of additional support. I, like other volunteers in the Frederick County Fire and Rescue System, look for some relief in an updated and equitable Proffer System. Until such time that that System is placed in service, I cannot approve submissions under the current guidelines. I apologize for any inconvenience that this may create, but I hope that you will work with the Fire and Rescue Services, and Frederick County, to implement a new and revised Proffer Model. If you should have any additional questions, please do not hesitate to contact me at 540-869-4576. Sincerely, Gregory L. Locke, Chief Stephens City Volunteer Fire and Rescue Company, Inc. Attachments: 1 Public Frederick County ub c 1415 Amherst Street Post Office Box 3508 Winchester, Virginia 22604-2546 Telephone: (540) 662-3888 — FAX (540) 722-2788 Administrative Assistant to the Superintendent January 26, 1998 Mr. Richard Edens Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 REF: Rezoning Comments Dear Richard: I am in receipt of your request for rezoning comments concerning a parcel of land of approximately 8.264 acres from the present RA to RP. It is my understanding the land to be rezoned is located at the following location: West Side of Double Church Road (Route 641) about 0.6 mile South of Fairfax Pike (Route 277), East of the Town of Stephens City. It is our understanding the proposed rezoning of this parcel will allow the construction of 20 single family homes. We believe the proposed rezoning of the property listed above will have an impact on current and future school needs and should be considered during the review process. If you should have any questions, please do not hesitate in contacting me at your earliest convenience. Sincerely, Thomas Sullivan Administrative Assistant to the Superintendent cc: R. Thomas Malcolm, FCPS .A Proffer Summary Frederick County Parks and Recreation Department Based on the 1997-98 CIP Impact Impact Based on Based on Request Proffer Proffer Frederick 2.5 per 3.5 per Current Current Facility Currently CIP Per Per County Housing Housing Current Need Need Unit on the Facility Housing Housing Facility* Standards Unit Unit Need Supply Gap Cost CIP List Cost Unit 2.5 Unit 3.5 Tennis Courts 1./2000 pop .125% .175% 26 9 17_ 63,650 11 700,152 80 ill Parkland in Western F.C. 1./52,000 pop .0048% .0067% 1 0 1 1,154,772 1 1,154,772 55 77 Playground, Open Play 1./2000 pop .125% .175% 26 20 6 18C•,847 4 723,386 226 316 and Picnic Areas Basketball Courts 1./2000 pop .125% .175% 26 5 21 65,765 2 139,530 87 122 Softball Fields 1/5000 pop .05% .07% 10 6 4 235,348 2 470,696 118 165 Baseball Field Renovation 1/5000 pop .05% .07% 13 9 4 102,800 4 411,200 51 72 Field House 1/52,000 pop .0048% .0067% 1 0 1 1,542,000 1 1,542,000 74 103 Support Facilities 1/25,000 pop .01% .014% 1 0 1 31,537 1 31,537 3 4 Maintenance Areas 1/25,000 pop .01% .014% 2 1 1 168,539 1 168,539 17 24 Soccer Fields 1/5,000 pop .05% .07% 10 5 5 375,878 3 1,127,634 188 263 Indoor Pool 1/52,000 pop .0048% .0067% 1 0 1 1,953,200 1 1,953,200 94 131 Stage Areas 1/25,000 pop .01% .014% 2 0 2 323,997 1 323,997 32 45 Skateboard Park 1/52,000 pop .0048/% .0067% 1 0 1 200,000 1 200,000 Total Impact Per Unit 1,025 1,433 8/21/97 Sample Information: Soccer Field - 1/5000 population costing $375,878 *Development - 1 unit x 2.5 per unit = 2.5 population *.05% is the potential impact that one unit, or 2.5 people, will have on a facility that has a standard of 1/5000 population. 2.5 is equal to .05% of 5000. (2.5 divided by 5000% = .05%). Sample Computation: $375,878 facility cost x .05%, which is equivalent to the percentage of potential impact = $187.939 per unit times the number of housing units = cost per development. Computation Check: Cost per unit divided by people per unit = individual impact cost tames standard for facility = total facility development cost. $187.939 divided by 2.5 = $75.1756 x 5000 = $375,878. 1997-98 Capital Improvement Plan Total - $9,439,405. Notes: Bicycle facility has been funded and eliminated from proffer summary. Playground at Clearbrook park has been funded and eliminated from this summary. Support facilities at Clearbrook park have been partially completed and funding requirements have been reduced. Each project has been adjusted by 2.3%, which is the reported annual inflation rate from the 1996-97 plan to the current plan (1997-98). 0 Rezoning Comments n.ili�i::fiS,ii'a�3�':.:iE.ir.�,%aL�:., .. ..a.C':...._..... ..... ...%I;G�sx:... .. .,....... �.1�:�"�...t\.......�...:.�-..,i'�iL :•._.na'i i��r..a. .. .,. ......�...,... ::1-. _a Virginia Department of Transportation Mail to: Virginia Department of Transportation Attn: Resident Engineer P.O. Box 278 Edinburg, Virginia 22824-0278 (540)984-5600 Hand deliver to: Virginia Department of Transportation Attn: Resident Engineer 1550 Commerce Street Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Virginia Department of Transportation with their review. Attach three copies of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Q!'�/ ENC-111KC�r Telephone: Mailing Address: 1 S I \1Q I rye tk i LL LAKE kl N C .S'tr7Z V A ZZ(o02 Location of property: w6s r 'S vbz oy 'MU-6m c.wy-cw -LOAP P I byurr Q. G M ► l.E -So071A 0;= 'FA, iy-c: Rx -P km: - ( -pt-re7,-77) Current zoning: '1Z.14r Zoning requested: 'ji:T Acreage: &Z64 ZV1.1 Virginia Department of Transportation Comments: No objection to the subdivision of this property. This section of street is currently not in the State's Secondary Road System. However, all entrance design and drainage features must meet State requirements if the street is or acceptance. A complete set ot construction plans will be required for review. See attached letter from VDOT to Mr. Richard Edens dated February 5, 1998. VDOT Signature & Date: 02/05/98 Notice to VDOT - Please Return Form to Applicant 20 'W "41k.. • 0 COUNTY OF FREDERICK, VIRGINIA FIRE MARSHAL'S OFFICE LAND DEVELOPMENT COMMENTS Control No. RZ98-0001 Date Received 1/16/98 Date Reviewed 2/24/98 Applicant Greenway Engineering Address 151 Windy Hill Lane Winchester, Virginia 22602 Project Name Linwood D. Ritter Property Phone No. 540-662-4185 Type of ApplicationRe-Zoning Current Zoning RA 1st Due Fire Co. 11 1st Due Rescue Co. 11 Election District Opequon Tax I.D. No. 86-A-21 RECOMMENDATIONS Automatic Sprinkler System Residential Sprinkler SystemXX Automatic Fire Alarm SystemXX Other REQUIREMENTS Emergency Vehicle Access Adequate XX Inadequate Not Identified Fire Lanes Required Yes No XX Comments Roadway/Aisleway Widths Adequate Inadequate Not IdentifiedXX Special Hazards Noted Yes No XX Comments Hydrant Locations Adequate Inadequate Not IdentifiedXX Siamese Location Adequate Inadequate Not Identified XX Additional Comments Attached? Yes XX No Plan Approval Recommended? Yes XX No Signaturk--;�( Title - i0 0 Proffer comments from the Stephens City Fire and Rescue Company are to be considered an addendum to these review comments. i L_J Rezoning Comments Fire and Rescue Company Name of Fire & Rescue Company: Address & Phone � c,v tV jFgy c ► Q� ►Ta y cam. { �c -Pp - '►may- 7 a 3 C ►-LAI r V Pi z z(o55 'b�9 - 1-5 7 (.o Applicant: Please fill out the information as accurately as possible in order to assist the Fire and Rescue Squad with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: C�M-E:7etsWAy Telephone: (r)(o2--A-k g>S Mailing Address: 1551 W iIAVy 141 L.L t ArlC Location of property: W g-xc, e,� -poo-p,uv--, c-►wr-c ,,\ F opt`p EPA ©7 -Troy Kt e)r c rv-Y Current zoning: -p—A, Zoning requested: 17-V Acreage: , Z_ & 'Jq b Fire and Rescue Company's Comments: e - 27/U)V0 x2 S Fire &Rescue Company's Signature & Date: Notice to Fire & Rescue Company - Please Return This Form to the Applicant 32 Rezoning Comments w'4�,5`ziv...�...:.e�i�....w.�.,.��«,a-.,�.,•.�,..H.��,.,w.SW�,T.t.,.t��..:. ��_..�.k't;ue.wu4't.-.."t'WtTr.a,i.r�G,,,,`,'!i"<:::�M: ..._y.A.,. .., :�.;lrN Frederick County Sanitation Authority Mail to: Frederick County Sanitation Authority Attn: Engineer/Director P.O. Box 1877 Winchester, Virginia 22604 (540) 868-1061 Hand deliver to: Frederick County Sanitation Authority Attn: Engineer/Director 315 Macedonia Church Road Stephens City, Virgina 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's Name: (.��( ,er WAy Telephone: G(a2--,j-)g5 Mailing Address: 1,5 I w , ya-yx o, � UL 1_4 uE VA. ZZlooz n-Tr-4z TR,IC NTtA A- S'!>sh\6 Location of property: Nq --, ,'DE ov -70Q F,\Z- cl MO- 4 'ROPM CV-r6• (fl4-1 ®. (o m i t S -5;oLrr�A aP TP Y--E 7--7-7) , EAR C;V- -T%-\C or c k T `/ Current zoning: T� A Zoning requested: 12,'P Acreage:Q- 771 Sanitation Authority Comments: W,4 7 -8 A,y4 S'l- 14v' e41194 0 V101 G 413GtF TO T�/S Sanitation Authority Signature & Date: Z� //< Notice to Sanitation uthority - Please Return This Form to the Applicant 25 i Rezoning Comments IN Frederick County Department of Parks & Recreation 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 out the 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. Applicant's Name:-��C�y�,�/,¢ yyc✓��i•�Cr Telephone: (e4185- Mailing Address: /5/ rai��y �fi�L Lq,.lE- - -- K�1TA1 ''� ►c.s4 Aiz.'� A , 1=-D�AI$ Location of property: WEb-c � %-vE cam,= -poow-s c_kFurz-c" rzo-bry CT,-rc•(,4-t) osRovs o, Co n-,,LE _�;oy-ryN off' -Psy e cm-vE• Zip' ) t_�A,b-v ®v Current zoning: i-;,IA Zoning requested: iZ Acreage: 2to+ Department of Parks & Recreation Comments: I would recommend that current impact information be reviewed when considering the proposed proffers for Parks and Recreation services. I have attached the most up-to-date information using the proffer model and current Capital Improvement Plan project estimates. Pks. & Rec. Signature & Date: Notice to Department of P /rks & Recreation -Please Return 1z4 This Form / 7 to the Applicant 23 0 r: Rezoning Comments zr�,wa,.r�: c:r �a5;;,:,�riS�:i,'13iYrti.f.J'.`L'ea"��ik;t�d�Yw.�+�4�,k�aiwi�i'i'6+'h'Y��iw44�K^a;u:til.uszra.iaat:r�l;• ,r'4,�„,'t••.kie1'dc.lu'JLttisdl Frederick County Commonwealth's Attorney Mail to: County Commonwealth's Attorney Winchester -Frederick Co. Judicial Center 5 North Kent Street Winchester, Virginia 22601 (540) 665-6383 Hand deliver to: County Commonwealth's Attorney Winchester -Frederick Co. Judicial Center 5 North Kent Street, 2nd Floor Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Commonwealth's 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's Name: GTLE6tAu.�ay E.NG►mF_ggj 6r Telephone: Mailing Address: 151 w , P4-DY 4 , LL LAryS VJ 1WCAr='ETE1ZI VN 27.C•02 Location of property: w ESQ- s troE of 12-00-rE (P,44 - -0001kee sxr yQe,A moia� k1bDO-1 0.(0 m t L_E So : 4 of `R DyUrCE Z 7 7 - VA i 0. V P�X, 1* % V-,Fi E;,(Ia+ O'F -row lS ov c-%4 Current zoning: 1Z A Zoning requested: '27 Acreage: $.Z(a p um<, ' 4 vt, 's Attorney's Comments: d A �1014(6At Z 114 1T2 r � - rill ��A ea th's Attorney's- Signature & Date: �(/ (.L�✓�'�--` l ��/'� Notice to Commonw alth's Attorney - Please Return This Form to the Applicant 18 0 0 IMPACT STATEMENT LINW OOD D. & ELIZABETH RITTER LAND REZONING APPLICATION OCTOBER 9, 1997 This report has been prepared for the purpose of assessing the impact on Frederick County by the development of a 20 unit single family detached cluster subdivision on 8.264 acres owned by Linwood and Elizabeth Ritter. The property is located on the west side of Double Church Road (Route 641) about 0.6 miles south of Fairfax Pike (Route 277), east of the Town of Stephens City and is identified as Tax Parcel 86-((A))-21B. A. SITE SUITABILTTV The site is current". :.sed for a single family farmette type residence and is composed primarily of gently roiling pasture. This site does not contain any areas within the 100-year flood plain per the F.E.M.A. Flood Insurance Rate Map(Community - Panel No. 510063- 0200B). The site does not contain any ponds, streams, creeks or other well defined water courses. Site inspection does not reveal the existence of any sizable wetland areas. There does exist a small area of approximately 0.15 acre near the southeast corner of the property which may be defined as a natural stormwater detention area and could possibly be defined as wetlands. Consulting the 1990 National Wetlands Inventory Map did not reveal the existence of any identified wetland areas within this site. Slopes on the site are gentle and rolling and range from 2 - 15% throughout. Little or no areas of slopes greater than 15% exist on the site. Ground cover is primarily fescue and other native grasses. There is currently little tree cover on the site. There are approximately 6 - 8 shade trees near the existing dwelling. However, no portion of the site would be defined as mature woodlands. The soils present on the site are classified as (1) Berks Channery Silt Loam with 2 - 7% slopes and (2) Blairton silt loam with 7 - 15% slopes per the 1987 U.S.D.A. Soil Survey of Frederick County, Virginia. These are moderately well -drained soils with low fertility. Neither of these soils are defined as "prime agricultural soils" by said soil survey. Depth to shale bedrock varies from 30 - 36 inches. Site inspection did not reveal any exposed bedrock or unstable soil conditions which would create special construction hazards or difficulties. Erosion is a moderate hazard with these soils during land disturbance, but can be controlled through proper erosion and sediment control practices. The site is extremely well suited to this type of development from the perspective of impact on environmental features. There are few, if any, features present which are limited from development by the current zoning and subdivision ordinances. 0 B. SURROUNDING PROPERTIES The site is bounded on the north, west, and south by a single family detached cluster development recently approved for construction and known as Woodside Estates II. The type of development proposed for the subject site is nearly identical to what is currently in the initial phase of construction on the Woodside Estates II site. Within Woodside Estates II there are 5 lots which join the southern boundaryy of the subject site and 5 lots adjoining the northern boundary, none of which have been improved as of yet. The remainder of the adjacent land within Woodside Estates II (along the western boundaries) is designated as open space. The Carbury lot adjacent to the southeast corner of the site has one single family dwelling situated on approximately 0.90 acres. The nearest wall of said dwelling lies approximately 95 feet south of the southern boundary of the site. The property of Bartles opposite the site and across double Church Road is used for residential purposes. The nearest dwelling on said property lies approximately 75' east of the eastern boundary of the site. Dwellings on the other properties east of Double Church Road (Wymer & Thomas) are substantially further from the site. Although there will be a certain amount of noise and dust created during construction of such a project, the ultimate build -out will generate very little noise, glare, fumes, pollution odors or other nuisance factors which would negatively impact the adjacent properties. What is planned is a small, quiet residential neighborhood very similar to other developments in the vicinity. C. TRAFFIC Rezoning of the subject property will generate an impact on traffic along Double Church Road - Route 641. In order to assess this irnpact, existing conditions were determined. Information provided by V.D.O.T. representative Bob Childress on August 27, 1997, indicates that the latest available traffic count data was performed in 1995. At that time, Route 641, between Route 640 and Route 277, carried an actual average count of 1,523 vehicles per day. This road is identified by the county's road improvement plan as a major collector road. This will necessitate the placement of the appropriate road - efficiency buffer for development of the site. Under the site's current zoning of RA, the maximum development potential is 2 single family dwellings. This density would potentially produce 20 average trip ends per day based on the I.T.E., Trip Generation Manual, 5th Edition value of 10 vpd for single family use. The rezoning of this property at the proffered density of 20 units would thus produce 180 additional vpd or a total of 200 trip ends per day at full build -out. These additional 180 vpd represent approximately a 12% increase in traffic flow based on the available data. Average peak hour trips for single family detached use by dwelling unit are described in the aforementioned I.T.E. manual. Values vary from 0.75 to 1.01 average trip ends per hour with the maximum peak hour trips being 1.012 average trip ends on weekday afternoons. Using this figure, the maximum peak hour average trip ends generated by the proffered density will be GREENWAY ENGINEERING RITTER IMPACT STATEMEN f - PAGE 2 • 20.24. These values indicate that while there will be an increase in traffic flow as a result of the proposed rezoning, the impact will not be significant enough to severely inhibit the flow of traffic in the area. No data was available from V.D.O.T. regarding the percentage of northbound traffic versus southbound traffic on Route 641. It is estimated that roughly 90% of the increased traffic created by the proposed development will travel the northern portion of Double Church Road to the intersection with Route 277 for access to the site. The remaining 10% of this traffic will travel the southern portion of Route 641 into Warren County. The inclusion of this road in the county's road improvement plan as a major collector suggests future improvements will allow this road to support greater traffic volumes. This fact leads to our conclusion that the traffic generated by the proposed rezoning will not substantially impact the local road network. D. SEWAGE CONVEYANCE & WATER SUPPLY The impact of this proposed development on sewage conveyance and water supply systems is based on a proffered single phase development schedule of twenty dwellings. Based on F.C.S.A. design figures of 275 GPD per single family unit, it is estimated the development will consume 5500 GPD of water from the water system and add 5500 GPD to the sewage conveyance system at full build -out. An 8" sewer main serving the adjacent Woodside Estates II development is currently under construction and will traverse the eastern portion of the subject property flowing south to the north to an existing pump station located approximately 400' north of the northern boundary of the subject property. This pump station was designed to service the subject area at a density of 3 units at 400 GPD each per acre. The proposed 20 lots result in a gross density of 2.4 units per acre. This demonstrates that the system in place will adequately handle the proposed development. The site is currently provided water by an existing well, however public water is available to the site by two means. An 8" water main is currently in place on the east side of Double Church Road along the entire frontage of the property. The preferred connection is with an 8" main (to be stubbed out to the southern boundary of the subject property near the southwest corner) which will be constructed as part of the Woodside Estates II development. Use of this connection would eliminate the need to cross Double Church Road with an additional main. Mr. John Whitacre of F.C.S.A. was consulted regarding the use of this connection October 9, 1997 and at that time he confirmed this stub would have adequate capacity and pressure to serve 20 additional residences, although the Authority may require any new main to be looped through to other mains nearby within the Woodside Estates II development. E. DRAINAGE The elevated, gently rolling nature of the property directs natural drainage from the site GREENWAY ENGINEERING RITTER IMPACT STATEMENT - PAGE 3 • 0 in numerous directions. There are no streams or well defined drainage ways currently crossing the site. The site is divided into approximately five drainage areas. The southwestern portion of the property composes the largest drainage area of approximately 3.5 acres which flows southerly into a drainage easement within Woodside Estates II. This easement carries the runoff southeasterly into a stormwater management basin "A" to be constructed which eventually releases the water into a natural drainage way leading to the southeast. Proper stormwater management measures within the proposed development will contain any increased runoff and preserve the design of the adjacent system. Natural drainage from the western portion of the property will be collected by the storm sewer system of Woodside Estates II. The northern portion of the property naturally drains northward and will be intercepted by stormwater management basin `B" within Woodside Estates 11. In each case, proper stormwater management measures within the proposed development will eliminate any increased burden from being placed upon the adjacent systems under construction. The southeastern portion of the property adjacent to Double Church Road comprising approximately 1 1/3 acres drains to a low area adjacent to the road which currently forms a natural stormwater detention area with no apparent outlet. This area may require designing of an outlet structure and culvert under said road to allow the drainage to continue along its natural course to the southeast. It appears the roadway's construction forms a dam which impedes natural drainage to a maximum depth of approximately 1 - 1.5' before cresting the road. This area appears to be a good candidate for the location of stormwater management facilities for the site. F. SOLID WASTE DISPOSAL The impact on solid waste disposal facilities can be projected from an average annual per household consumption of landfill volume figure of 5.4 cubic yards. Based on the proffered density of 20 units, this development will generate approximately 108 cubic yards of solid waste annually at full build -out. The above per household figure was derived from a formula found in the Civil Engineering Reference Manual, 4th edition, which predicts the daily increase in landfill volume. The formula states: increase in volume in cu. yds. _ (population size) X (waste in lbm/capita-day) (loading factor) day compacted density in lbm/cu. yd. Figures input were 1.) Population size of 53,200 persons based on the Lord Fairfax Planning District Commission 1996 provisional estimate. 2.) Estimated waste volume of 5 lbm/capita-day per said reference manual. 3.) Loading factor of 1.25 for a 4:1 ratio of solid waste to cover volumes per said reference manual and 4.) Typical compacted density of 1000 lbm/cu.yd. per said reference manual. The results of this calculation are as follows: Daily Increase Volume = (53,200) (5) (1.25) = 332.5 cu.yd. 1000 day GREENWAY ENGINEERING RITTER IMPACT STATEMENT - PAGE 4 • 0 This can be extrapolated to an annual figure of approximately 121,000 cu. yd. Dividing this figure by the Lord Fairfax Planning District 1996 provisional estimate of 22,510 households in Frederick County produces the figure of 5.4 cu. yd. /household annually for Frederick County. Thus the net increase in landfill volume needed to support the proposed development is estimated to be 108 cu.yd. annually. The paragraphs below detail the economic impact of this additional waste. G. HISTORIC SITES & STRUCTURES The Rural Landmarks Survey Report for Frederick County, Virginia identifies a structure on this property as Number 34-1257, house, Rt. 641; however, this site and structure are not included on the list of potentially significant properties as recommended by said document. There are no known historic sites or structures on adjacent properties. Therefore, the development of this property will not have any cultural impact on historic interests. H. COMMUNITY FACILITIES The figures below illustrate the economic impact on community facilities generated by the proposed development. In each category, the total impact is calculated based on the single phase development of 20 single family detached cluster units. Revenues at full build -out have been projected based on current assessed values of similar nearby properties at current tax rates. Impact on facilities has been projected based on figures derived from the 97-98 Frederick County budget and the Lord Fairfax Planning District Commission 1996 provisional estimate of 22,510 households in Frederick County. In each category, a total figure was derived from the budget document which represents the Frederick County taxpayer contribution to the amounts budgeted for operating, maintenance, and personnel for each of the departments during fiscal year 1997. This figure was subsequently divided by the figure 22,510 to obtain an average per household expenditure for each category. This expenditure was then multiplied by the proffered 20 units to obtain the total annual impact at full build -out in each category. These figures do not include any capital facilities expenditures or debt service due to those items inclusion in the Planning Department's model. The projections are as follows: PROJECTED REVENUES Average unit assessed value based on 1997 estimate = $ 150,000 Current tax rate = $ .59/100 assessed value Resulting revenue = $ 885 per unit annually Total revenue for 20 units = $ 17,700 per year GREENWAY ENGINEERING RITTER IMPACT STATEMENT - PAGE 5 • 0 PROJECTED IMPACTS EDUCATION $ 24,557,557 Total county taxpayer dollars for operating, maintenance and personnel in public schools during fiscal year 1997. 22,510 households = $ 1,091 per household annually Impact of 20 additional homes = $21,820 per year POLICE PROTECTION $ 2,177,902 Total county taxpayer dollars budgeted for operating, maintenance & personnel for Police protection in fiscal year 1997 22,510 households = $ 97 per household annually Impact of 20 additional homes = $ 1,940 per year FIRE & RESCUE PROTECTION $ 1,622,508 Total county taxpayer dollars budgeted for operating, maintenance, and personnel for Police protection in fiscal year 1997 22,510 households = $ 72 per household annually Impact of 20 additional homes = $ 1,440 per year PARKS AND RECREATION OPERATIONS $ 1,521,989 Total county taxpayer dollars budgeted for operating, maintenance &. personnel for Parks & Recreation in fiscal year 1997 22,510 households = $ 68 per household annually Impact of 20 additional homes = $ 1,360 per year SOLID WASTE DISPOSALIP UBLIC WORKS OPERATIONS $ 1,997,073 Total county taxpayer dollars budgeted for Public Works operations, maintenance & personnel in fiscal year 1997 GREENWAY ENGINEERING RITTER IMPACT STATEMENT - PAGE 6 22,510 households = $ 89 per household annually Impact of 20 additional homes = $ 1,780 per year OTHER GOVERNMENT ACTIVITIES $ 5,961,617 Total county taxpayer dollars budgeted for operating, maintenance & personnel in fiscal year 1997 for other services including: administration, courts, health & welfare, community college, community development and other miscellaneous services. 22,510 households = $ 265 per household annually Impact of 20 additional homes = $ 5,300 per year Total annual impact on community services of 20 additional homes = $ 33,640 per year The resultant figure above represents the total economic impact on community services operating budgets by the proposed development. Based on the fiscal year 1997 budget summary, $ 15,650,000 in local real estate tax revenues composed 29.8% of the total local revenues of $ 52,459,900. Using this percentage, it was projected that the $33,640 increase in community services expense would need to be offset by $ 10,025 in annual local real estate tax revenue. The projection of local real estate tax revenues of $ 17,700 annually demonstrates a net surplus of $ 7,675 for the proposed development. This additional revenue can be credited toward the capital facilities and debt service impact generated by the county model. These figures include all services currently funded by county tax dollars. I. OTHER IMPACTS No additional impacts are foreseen by the development of the subject property at the proffered density. GREENWAY ENGINEERING RITTER IMPACT STATEMENT - PAGE 7 T A X R E C E I P T - COUNTY OF FREDERICK Y E A R 1 9 9 7 Ticket #:00260410002 @� C. WILLIAM ORNDOFF, JR Date : 12/02/97 Register: JKM/XD P.O. BOX 225 Trans. #: 67648 WINCHESTER VA 22604 ACCT## RE 2894602 1997 R.E.TAXES 8.26 ACRES 86 A 21B Previous Principal Balance $ 456.36 Acres: 8.26 L 64300 Imp: Principal Being Paid $ 90400 Penalty $ Interest 456.36 .00 RI ER, LINWOOD D. $ Amount Paid $ .00 456.36 746 DOUBLE CHURCH RD *Balance Due STEPHENS CITY, VA. 22655 3221 as of12/02/97$ .00 CASH Pd by RITTER, LINWOOD D & ELIZABETH A ANY BALANCE DUE DOES NOT INCLUDE PENALTY AND INTEREST. (DUPLICATE) Frederick County Treasurer's Office 107 North Kent Street ( Physical Address ) Important Dates Jan. 2 Motor Vehicle Decals go on sale Jan. 31 Dog Tags are due Feb. 15 Motor Vehicle Decals are due Mar. 1 Business Equipment/License must be filed with the Commissioner of the Revenue Apr. 1 Business License must be paid to the the Treasurer's Office June 5 First half taxes due Personal Property Real Estate Sanitary District Street Lights Nov. 1 Dog tags go on sale Dec. 5 Second half taxes due Personal Property Real Estate Sanitary District Street Lights Other due dates a• billed by the Comm. of Revenue Mailing Address C. William orndoff, Jr. Treasurer P. O. Box 225 Winchester, Virginia 22604-0225 We are now located in the new building. Suite 100 Treasurer's Office Hours Monday thru Friday 8:30am to 5:00pm (extended hours will be offered prior to Feb. 15, June 5, and Dec. 5 for your convenience) For any questions pertaining to payments call thkTreasurer's Off# at (540) 665-5607 T.A X- R E C E I P T -C,OUt4TY OF FREDERICK C. WILLIAM ORNDOFF, JR P.O. BOX 225 - Y E A R 1 9 9 7 WINCHESTER VA 22604 1997 R.E.TAXES 8.26 ACRES 0 Land: 64300 RITTER, LINWOOD D. 746 DOUBEL CHURCH RD STEPHENS CITY, VA. 22655 3221 Ticket #:00260410001 @@ Date 6/04/97 Register: LBX/XJ Trans. #: 08079 Dept # RE9701 ACCT# 28946 Previous Principal 86 A 21B Balance $ 456.37 Acres: 8.26 Principal Being Paid $ 456.37 Imp: 90400 Penalty $ .00 Interest $ .00 Amount Paid $ 456.37 *Balance Due as of 6/04/97$ .00 CK FM 1225 Pd by ANY BALANCE DUE DOES NOT INCLUDE PENALTY AND INTEREST. (DUPLICATE) Frederick County Treasurer's Office 107 North Kent Street ( Physical Address ) Important Dates Jan. 2 Motor Vehicle Decals go on sale Jan. 31 Dog Tags are due Feb. 15 Motor Vehicle Decals are due Mar. 1 Business Equipment/License must be filed with the Commissioner of the Revenue Apr. 1 Business License must be paid to the the Treasurer's Office June 5 First half taxes due Personal Property Real Estate Sanitary District Street Lights Nov. 1 Dog tags go on sale Dec. 5 Second half taxes due Personal Property Real Estate .Sanitary District - Street Lights Other due dates as billed by the Comm. of Revenue Mailing Address C. William Orndoff, jr. Treasurer P. O. Box 225 Winchester, Virginia 22604-0225 We are now located in the new building. Suite 100 Treasurer's Office Hours Monday thru Friday 8:30am to 5:00pm (extended hours will be offered prior to Feb. 15, June 5, and Dec. 5 for your convenience) For any questions pertaining to payments call the Treasurer's Office at (540) 665-5607 1 • T_A X- R E C E I P T COUNTY OF FREDERICK C. WILLIAM ORNDOFF, JR P.O. BOX 225 WINCHESTER 1996 REAL ESTATE 8.26 ACRES • Land: 61300 - Y E A R 1 9 9 6 VA 22604 RITTER, LINWOOD D. 746 DOUBEL CHURCH RD STEPHENS CITY, VA. 22655 Ticket #:00259260002 Date : 12/02/96 Register: DMS/WD Trans. #: 58149 Dept # RE9602 ACCT# 28946 Previous Principal 86 A 21B Balance $ 411.00 Principal Being Paid $ 411.00 Imp: 75700 Penalty $ .00 Interest $ .00 Amount Paid $ 411.00 *Balance Due as ofl2/02/96$ .00 CK FM 2047 IPd by RITTER, LINWOOD D ANY BALANCE DUE DOES NOT INCLUDE PENALTY AND INTEREST. (DUPLICATE) Frederick County Treasurer's Office 107 North Kent Street ( Physical Address ) Important Dates Jan. 2 Motor Vehicle Decals go on sale Jan. 31 Dog Tags are due Feb. 15 Motor Vehicle Decals are due Mar. 15 Business Equipment/License must be filed with the Commissioner of the Revenue Apr. 1 Business License must be paid to the the Treasurer's Office June 5 First half taxes due Personal Property Real Estate Sanitary District Street Lights Nov. 1 Dog tags go on sale Dec. 5 Second half taxes due Personal Property Real Estate Sanitary District Street Lights Other due dates as billed by the Comm. of Revenue Mailing Address C. William Orndoff, Jr. Treasurer P. O. Box 225 Winchester, Virginia 22604-0225 We are now located in the new bidlding. Sudte 100 Treasurer's Office Hours Monday thru Friday 8:30am to 5:00pm (extended hours will be offered prior to Feb. 15, June 5, and Dec. 5 for your convenience) For any questions pertaining to payments call the Treasurer's Office at (540) 665-5607 1 T R E C E I P T 401'er'li. OF FREDERICK C. WILLIAM ORNDOFF, JR P.O. BOX 225 - Y E A R 1 9 9 6 WINCHESTER VA 22604 1996 REAL ESTATE 8.26 ACRES • Land: 61300 RITTER, LINWOOD D. Ticket #:00259260001 Date 6/03/96 Register: LMR/WD Trans. #: 46263 Dept # RE9601 ACCT# 28946 Previous Principal 86 A 21B Balance $ 411.00 Principal Being Paid $ 411.00 Imp: 75700 Penalty $ .00 Interest $ .00 Amount Paid $ 411.00 746 DOUBEL CHURCH RD *Balance Due STEPHENS CITY, VA. as of 6/03/96$ .00 22655 CK FM 3748 Pd by RITTER, LINWOOD D ANY BALANCE DUE DOES NOT INCLUDE PENALTY AND INTEREST. (DUPLICATE) Frederick County Treasurer's Office 107 North Kent Street ( Physical Address ) Important Dates Jan. 2 Motor Vehicle Decals go on sale Jan. 31 Dog Tags are due Feb. 15 Motor Vehicle Decals are due Mar. 15 Business Equipment/License must be filed with the Commissioner of the Revenue Apr. 1 Business License must be paid to the the Treasurer's Office June 5 First half taxes due Personal Property Real Estate Sanitary District Street Lights Nov. 1 Dog tags go on sale Dec. 5 Second half taxes due Personal Property Real Estate Sanitary District Street Lights Other due dates as billed by the Comm. of Revenue Mailing Address c. William Orndoff, Jr. Treasurer P. O. Box 225 Winchester, Virginia 22604-0225 We are now located in the new building. Suite 100 Treasurer's Office Hours Monday thru Friday 8:30am to 5:00pm (extended hours will be offered prior to Feb. 15, June 5, and Dec. 5 for your convenience) For any questions pertaining to payments call the Treasurer's office at (540) 665-5607 r w. 7 ,..�,� In ri 7 r in .: ! • � 44,T�. M . DROVE{ � .UICwM40N A,..'wRTe AT V %*4r.WsTm we* 443 I #1417 JOEL 0. STOWE, ET ALS TO: DEED & pARTIAL RELEASE . LINWOOD D. RITTER, ET- UX ' nr613FG443 THIS DEED and DEED OF PARTIAL RELEASE, made and dated this 12alday of March. 1956, by and between JOEL 0. STOWE and LUCITA M. STOWE. his wife, by Joel 0. Stow . her Attorney -in -Fact, pursuant to Power of Attorney dated December 3. 1979, of record in the Clark's Office of the Circuit Court of Frederick County. Virginia. in Dead Book 518, at Page 153. parties of the first part, hereinafter called the Grantors; LINWOOD D. RITTER and ELIZABETH A. RITTER, husband and wife, parties of the second part. hereinafter called the Grantees; PHILIP E. GROVES, Sol* Acting Trustee, party of the third part; and i ROBERT H. MADIGAN and DONNA L. HWIGAN. by Robert R. Madigan, her Attorney -in -Fact. II puranant to Agreement and Appointm*nt dated Jun* 26. 1985, of record in the 1 aforesaid Clark': Office in Dead Book 599, at Page 209. parties of the fourth II Part. WITHESSETHi That for and in consideration of the sum of T*n Dollars. cash in band paid. and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantors do hereby grant and convey with Cenral •�garrauty and English Covenants of title unto the Grantees, in f*e aimpls. jointlys as tenants by the entirety, with common law right of survivorship, it being intended that the part of the one dying should then belong to the other, his or bar hair* or assignso the following property: All of that r-rtain lot or parcel of land, together with1E the improvemnts thereon and the appurtenances thereunto belonging. lying and being situate in Op*quon Magisterial District, Frederick County, Virginia, containing 5.266 acres. fl more or less. and mo:eAparticulaCly.described scribed by that certain 5, plat of survey by attached hereto and made a part hereof. as if set out in tell. i This is a portion of the sa*e property conveyed unto the Grantors 1 herein by Dead dated May 24, 1965. from Robert H. Madigan, et al, of record in the Clerk's Office of the Circuit Court of Frederick County. Virginia, in Dead Book 599, at Page 203. Reference is hereby made to the aforesaid iastremrnts and the attachments and the references therein contained, for a more particmlar deacri►tioa t of the property hereby conveyed. I This coaveyanc* is made subject to the duly recorded amd emfore*ahla Irestrictions. *asemants and rights of way, if amy. aff*ctima title t* the said property. tiY ter•` , L,,:.. • - 1, yy RTIT" r_': • f ) CreMWN 1, Moala Al LAw IalrKaleR rye BK6I3rc444 The party of the third part as sole acting trustee, and the parties of the fourth part, as the secured parties and present noteholders under that certain Dead of Trust dated'July 19, 1985, of record in the aforesaid Clerk's Office in Deed book 599, at Page 206, join in this Deed and Deed of Partial Release for the purpose of releasing frois the lion of the deed of trust of record in tha aforesaid Clark's Office in Deed book 599, at Page 206, that parcel -of land heroin conveyed. but it is expressly understood that the release of this property does not release the remaining property and the lien of said deed of trust *hall continue in full force and effect as to such property. WITNESS the following signatures and • st (SEAL) q-1�✓' �a//�T (SEAL) LUCITA M. STOWE, by Joel 0. Stow@, her Attorney-in-,Fact J • 1LtL) PHIL11E. VES. Sole Acting Trustee •-� (SEAL.) RObEA H. MADI t j-�` (SEAL) DONNA L. ICAN, by Robert H. Madigan, bar Attorney -in -fact STATS of VIROINU, CITY Of YINCRESM, to-witt e This foregoing Lnatrmaent was acknowledged before me this •,Lj! day of / -- , 1986. by JOEL 0. ST'OWE. individually and as attorney-Lo-fact for Lucia K. Stow. NOTARY PUBLIC My Commission ezpirest �1.I�.,t_*.�.tJ,-�?yi /4Y% -2- r0 0K61ec445 TAT& Of VIRGINIA, 445 1' I ;ITY OF WINCHESTER. to -wits The foregoing instrument was acknowledged before as this ;�day of A � PHILIP E. GROVES, Sole Acting Trustee. .��. 1966, by • 4-1 r NOTARY PURL C My Com"ulon expires: r STATE Of VIRGINIA. CITY Of WINCHESTER. to -wits The foregoing instrument was acknowledged before " this 1� day of March. 1986, by ROBERT H. MADIGAN, individually and as attorney -in -fact for Donna L. Madigan. ,L 2L—) X/" NOTARY PUBLIC My Commission expirest owovcs a •nUrm"s AT LAW 1., . -} i ` 'APPROVED COL BK 6 1 3 PG 4 4 6 300 * W INCHESTER — FREDERICK zcA �= HEALTH DEPT G 6 0 Y FREDERICK COUNTY PL ANNING DEPT. 4cti ,t(f tt A r C p'� Ty jy? :. . O h p � 6 �r Q0 6 a 7 • 8.264 ACRES Z 0 r Z ~ N .� fL U�♦D 7: •� w ' ac Z p ' D lF A. EBERT ate Wffp 4Arr W► ►- �► 3 ._.._ O f'f ... . r '• 4" c h f �i��j,t♦ t A M (l j`rt v W nan ., f t 4r ` m W O cm CDZ J m jtt' Q ¢ 4. CAD. uu 2-12.05' 12L •ac 212.17' S03'32'060-215.81' WRKa— f VA. ROWTE 641 If i 1 • i 1 . 1 ti 'Row 447 CK6 1 3rG4 4 T • The Accompanying Plat is a Survey of a Portion of the Land conveyed to Joel 0. Stove and Lucita M. Stove by Deed dated 24 May 1905 in Dead Book 599 Page 203. The said Improved Land fronts the Center Lines of Virginia Route 641, just South of its intersection with Virginia Route 277, and lies in Opequon District, Frederick County, Virginias , Beginning at a point in.the Center Line of Route 641, a 'corner ;,:•t.';• to the 33.194 Acre Portion, running vith the Two Following Center Lime S 03° 32' 06" M - 215.81 ft.s thence with the Arc Line 212.17 ft. (chord S 00° 15' 51' N - 212,05 ft. - R. 1,858.44 ft'.) to a •►�`.�"•: corner to the Carbary Lots thence with the Northern Line of the said Land, and continuing with the Northern Line of the said other 1 " a 670 14. 00• M - 611.32 ft. to an iron pin corner to the �}•k`'- Other Lands thence vith the Three Following Lines of the said +, 1 Other Land N 490 45' 16• M - 319.24 ft. to an iron pin► thence t +., ° N 40 26' 07" 1, - 446.64 ft. to an iron pias thence 8 810 14' 09. 1 - 565.64 ft. to an iron a► 1 •' ' pin, and continuing 8 810 14 • 09" • 1 - 585.72 f t. , f A. FB E R T y IN ALL, to the beginning. u taartrslauass Containing - - 8.264 Acres Surveyed - - - November 13, 1985rL ThL tnsirument of writing was produced so we o _ t city of Qat c� , 1s.�5�•�/4 ^�• .od with cedUioals of aanowisdgment thereto Beane wl 1 •. ,dmlttd to se=& Tax impoed by Sea.-%&a4.1 at and 384% have been paid, if aM.s...a '$'1 #1418 ET UX LINWOOD D. RITTER, TO: TRUST D. B. BOYLES, JR., ET AL,T BKRS. G 48 6 I 3P DEED OF TRUST THIS DEED Of TRUST ("Security frurrurnent-) is rn,,k on h 3l ............................... 19 The grantuar is AMM.. K440#ik4.#PA.v11.a, .... .................................... ("Ikurrumer"). The f mitre is ..Q,.A,.N,7Aqv,..4r ................... a( ..TrPA% A9YA1............ Virginia, and . K490. P.0.1;AQWAk .... of .... ?TPAt. F-P.X91 ............. k, Vir&is. trumm any ucwt.4 whom may on and wfu) are referred to as '7rosiee-). The b"w(Kiary is 4TAt.FftAqrjk,i ii V ....... which isorouth Ro )yni,ed and existing sisdart the laws to 01. NW.lf s��aq. and how xdd,ew is FT?P.�.RqyPA%.yAS!PM .. ...................... ........ .......... I.Crulef-) bLxTvwff own LcwJrf the principal sum of ........... ...... ....100 .. ......................... �11&[ItUSOMQMO .............. ). T'hn debt is cvkk-rKt-d by Ikiennsef's nap4e duel the same due as this Security Instrument (" Not e"), which provides for muni hly payments, with rite full Jehe. it rat paid ew ties, Joe and payable on .... NFA0..I.t.?0k§ ............................... .This Security Imiruincril sirciares to Lender. (a) the repayment of the dctm cvkknLed by the Ntmc, with interest. sad all renewals. estrin-ni and ammlificatiumi; (b) the Nrmcnt of all other sung, with interest, a4vantel unaki paragraph 7 to pnitm the security 44 this Security Inatrument; and , C) the perli,crrunce of burrower'{ ci)-enants and agreements under this Security [rise rumens and the Note. For this porpoise, burrower irretruc bl grants and con" to Trustee, in trust, with ptmet of sale, the h4kneiisit 1 7 , describe)propcity kamed in ..... TrAtitorm. iA%tlty ............................................ vigginis All of that cZrtain lot or parcel of land, together with the Improve a ment hereon and the appurtenances thersunto belonging. lying and being situate in Opaquon Kagiatc-isl District, Frederick County. Virginia, containing 8.264 acres, more or lose. and more particularly described by that certain plat of survey Ar by Lee A. Ebert. :.L.S., dated November 13. 1985, which is .1taiclaid to the Dead and Dead of Partial Release dated March 19, 1986. fr. Joel 0. Stowe, at ux, to the borrowers herein and recorded in the Clark's Office of the Circuit Court of Frederick County. Virginia, immediately prior hereto. jA4 It. 1. box 372 Stephens City Wtio, bmis the stialm" .1 ........................................................... Pus" VkAitais ..... 22655 ........ jj� . ...... .......... (-11a.upirity Addmn-); TMETHER WITH all the ivispniint"wrea, rkw us hen-afref stetted on the ' he red all fttrws, "ghes, &nJ ps gilthis and profits water rW)ws and =*annralsel '.Spaursi4the peoramy.All eirplaicemews andmWiosuess, shelf alsube cunwn-d by this Secierity Inunensaraw. AU#A the kerrlgoaft is ass is this Satnecky Insirwaterow sit the "Propmy." rA)RROWER COVENANTS that butriwer is law( 11 wisgJ of the ev iche hereby cm v,,, and has the row me coma and itwvvey, the PnTvM sod the the Property is :r:Z=ezmpi kir :�=uf record Nwvu-" warrMmn AOsellAk-ridpow Al the title stathc Pinaprity agamista all clawarve sail drivenJissub)m soapy irsartainallarawntal ar"Wel. I I IL: SECI IRM' I NSTkU M ENT cuablimes anifi,em cuvrneesn kw no iuml ww and ownt-or"utim cove0jews trob hassakAl %a6misans by perrisdetission so ciamicater a issolurm sectienty wisarvariew cireerwits real prLjwi y. vatw"—s-06 UNW001M WISTRUb"Iff Panetta 3"? 1VG3 som4ob "I'Pews, we_ as CLOWS, t 00,30111 pvaeebwoW" • • • 449 61"b I J I " I "U UNIFORM COVLNANTS. Buirtmec and Lender cusenant and agree as fulluw%.. 1. Payment of Principal and Interest-, Prepayment and late Charges. &xrower shall promptly pay when lac the principal tit and intcrest un Ibe debt evdcnced by the Note and any prrpaynent and late. low rFes due un.le r t I w N.we 2. Funds foe Taxes and Insurance. Subject to &pplKable law tar to a written waiver by lender, luau der shall pay Io Lender on rise day monthly paymcnis arc due under the Note, until die Note is paid in lull, a sum I 1 ands l equal to ste•Ivelthe lt4i (a) yearly taxes and assessmnts which may attain sSect it coy over Ihis Secr icy Instru rtenr, i csb) year1) leaseld,ld payn,cn'tar ground centaurs the Property, it any; (c) yearly hazard insurance premiums; anal tit) yearly mwotgage iniula nce plenlili oils, it any. These items are called "escrow items." Lender msy estimate the Funds Juc un the basis d current data and reauKlable estimates If future escrow items. Ilse Fund% shall be held in an institution the dep,nits or s(ownts tail which tar insured tar guaranteed by a Ink nil of vine.oiltistyordludmgixlWct ifLerdkrisauchaninstitution).LenJershaitapply the l'undlstwo pay thecscniwuctus I.rldkr Im') loll ihargc lilt lKiWingand applying the Funds. analyzing rise acculam or verifying theescnow kern., unless Lender pals it-1„rcr intcrest tan the Funds and applKablc law permits l.eidkr Ill make such a c),stge 14urruwer and Lechler may igrte it it i uuy; slur inletcst %hall he paid tan file Funds. Unless an agrcenscnt is mask tar applicable law requires interest it, he pad, I % ark r r11411 lug he tequircd tin pay Ikirniwer any interest tar earnings tan rite Funds. Lerner shall give to &gnawer, —iluvi ifs.ngt•,anannualaauniingultheFunds slwiwfngcredits snJ kbitstitheFundsandthepurp.nrIl.r%huhcuhdebt(itslle Fuiui% rah nutle. !lie Funds are plcilgeJ as sWitioKsal %etvnly Iur rise sums secured by flat% 4cutity Insirvncnt II the filwwnl of the Funds held by leader, togaihcr wl.h rie luture ndintlily pa)menis of Funds payable prw,e to de Juc .talcs of rise escrow hems, shall exceed lie amount required tit pay the escrow items r Len due. the races, shall be. as 1t,.tr.twer'1.IplilIll. nuke promptly repaid of 14irruwer oar credited (I IMnruver on Intmihly payments of Funds II the anndl.m of rise I:msls held by Lender is cull sufficient to pay the estrow items when due. Ikorrower ahall pay to Lender any auw wn'I iKr esuf) tit nultc up Cite deficiency in one tic more payinenu as required by Lender tlh.,m paymsel.l l.l full of all suomsecured by tills Security Instrument, len c.r shall prtimpdy rcluid to i4irn,ver any I wwla hit 41 Ili I -.wk e. 11 uodlcr paragraph I) IIw 1'1operoy .% d,kj or squired by Letwler, Lerwk r shall apply, no 11111 thin inm1"IjIVly prior tit rise sale of rise I'rulerry nr its scqulsitdm by Lsmkr,any Fusels IseIJ by Lender at rite tinned appldatrm as a ercdlu againsc rise sums tenured by this Security Instrument. 1. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under p.tt.,yaal•ha I %call 2 shall tic al,plied. first, it, late charges due under door Noire; x•ta,,W. to prepaymscnt charges Jae under llr N.N,', 11n1.1. bl JIIMwllla I.ayaLlc uoKkr paragrgds 2; I,urih, w intcrest due; and last, to pr,,K,pal due. n. Laarµes; L.icns. Ikirnswer shall pay all lain, assessments, charges, lines and imfun aims attributable low the Ptiga It) wlsich may attain prilmillover This Snurity Instrument,and Ieaselwld psymemsor ground rents.if ally.I4mn,rer 'hill I•a) Ilw•sc' ddiguiouu in list: manner pmvileJ in paragraph 2,or it coot paid in thal manner, Ik.rruwer shall pay ticm on ttrlst-d—illy to de jcraKs uwcdl paylnenl. 141rruwer shall prumplly furnish tti Letdkr all nit des of arnunis uI IX I`a "1 uiwkr Ill., patagralds. II Itocrower makes thew paymentss directly, Burrower dull promptly furnish to lender receipts evidkiding fit pa)l.cnit Nil der shall promptly d.s harge any lien vhidi has prwirrty over Ihis Security Instrument unless &irrowrr Ill ag,, l.l wrist,,XRooihr paymentof do oiDligaliun►allured by doe lien inamanocr saccp(ableto Liner, obicontests ing—d latch tic lien by, tar defends against enforcemel.t of the lien in, legal proceedings which in k the Lerdr's opl.m iwoprla,e to prevent llte enforcement of else lien or forfeiture of any part of the Property; or (c) secures Irum the Iwkkr sal rite lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument 11 Lerdkr determines out any part of the ,,(..Perry is subject o a lien which may attain priority over this Swiftly Instrument, Lender may give lkrltuwrr a nr Ke Kk•mtifying the lien. Burrower shall satisfy the lien or lake Lane cat more of the %churn set Writs above within IIJ days ill the givvingol now ice S. Ila"rd Insurance. Burrower shall keep the impru.ements now canting or hereafter erected (in the Property insured against ens by lire, hazards included within the term "ealersdeJ coverage_ and any other ),&lards Iur which lender requires insurance. phis insurance shall be maintained in the smwnts and for the perods that Lerner requires Tlse insurance carrier pruvid:i,lg the insurance shall be chosen by Burrower subject w Letwkr's approval which shall nor be unreasonably withheld. All insurance policies and renewals shall be acceptable to Lender and shall incluk a standard mdrigageclauulender shall have the tight to hold the politics and renewals. If Lerder requires, Burrower shall promptly give to lender all receipts d paid premiums and renewal nor kes. In the event of loss, &orlorer shall give: Prompt price to the insurance carrier and LgnJet. Lender may make pistol of loss if nor male prumplly by &rnuwcr Unless Lender and Borrower otherwise ag,ce in writing, insurance pnKrerls shall be applied tot resnratiors of repair d the pr ,perly Jarnaged, 1( Ile restoration of repair is mstulmKally feasible and Lender's security is nit ksselyd 11 rite resl,ratlun tot repair is nil economically feasible of Le dkwittily ittily would be lesbened. he insurance ptixeed'shall be applied to the sums secured by this Security Instrument, whether or nix then due, with any eacni paid to birruwer If Ikxruwer abandons the Property, of doses nit answer within W days a notice from Lendes that the insurance carrier has iaffereJ to settle a claim. docn Lenkr may collecl the insurance pn,ceeds. Lender may use the pnrardstor`dl!r of f when the wcfhc Properly tar to Pay sums sc%ureJ by Ihis Security Instrument, whethefor rice thendue. The YJ4sy (see g nu got is given. Unless lender and &srrurer wlwtwise agree in writing, any applKatiun d pfoxcr s so principal %hall now e■irnJ or p,ntp ww rise due date of the monthly payments referrerl it) in paragraphs 1 and 2 or change the arrdtlnt of the pay-rc,rs if urwkn paragraph 19 the Propctly is acquired by Lender, Borrower's right to any imllirance ptAKws and prcxeed% resulting froKn damage to the Properry prior to rise acquisiljon "it pass to Lender to the earent d the sums secured by thn Security Instrument immediately prior to the scquisicKm 6. Preurvation and Maintenance of Property; LeuehoW$. Bwruwer shall nut drstruy. damugor nr %ubstantully clunge the Pruperry, ahkow the Properly to dcteriurair or commit waste. II this Security Insirvmerr is on a kasrldold. &reowef shall comply with the pruvisiuns of the Icase, and of Burrower acquires Ill tale tothr Prupefty, she kafelr+lil and Ire title %hall nit merge unksa Lender agrees to the merger in writing. 7. Protection of Lender'& Rights in the Propeny; Mortgage Insuranor ce. If Brower fails to perform the ctavenancs sod agreements contained in this Security Instrument, or there is a legal pnxeedong char may s,gntlKanly allece Lenkt's tighls in i he Properly ( such as a proceeding in bankruptcy, probate, for condemnation or to enforce Laws or ngulal am I. lhrw Iendkt may du and pay for whatever is necessary soprotecc the value of the Property and l-cnder's rights in the Property. Lersoke's aeliaehs may inclwk paying any sums wired by a lien which has pr,drity oves thiaSecvriay Inururnrnc, apalaske �� (curl• paying rcauvnabk arorrsrys lee% and entering on the Property tomulue repairs. Akhwgls Lender %nay ucdkr this paragraph 7. Lender dav otes tdr he o do su Any smdwmts disbursed by Lerdlen sunder this paragraph 7 shall becsrrse additional debt d Borrower secwcJ by lhn Srdurity fission Inttrument. Unku Bwry cf and Lenkr agree toother �rms nay raoetalrtaraLe+adeaq Iboo na" l sorer µ� I Ill Jarr d Jisbursemcnc at the Note rate and shall be paysbkhKhrretest, Po^ pa) tsdnt. Kra .."Y', .�• . . C1 SK613Pc450 It Leader "Iced sedges* dewranoe as a condition of tasking the loan secured by this Secrrit7 In- strtasaeeat,Borrower shall pay etas premhams required to maimsin the wuunncc in eflca entil Both time as t rc"iremet her the insurance termini, In sceordanor with Borrower's and Lender's written agreement or apPlkablt saw. R Impaction. Lender or its agent may make reasonable entries upon and inspmwm of the Property. toes der shall give Illxwwer notice of the tine of w Prwr to an inspection specifying reasonable cause hot the inspectrwt 9. Conecaanation. The proceeds of any award or claim for damages, direct or cunsequentul, in cautncct un with any cunkmnat icon w other taking of aa7 Part of the Properry, or fw nxrveyance in lieu of amdemnat io . are hereby assigned and *half be paid ro Lender. In the event, ul a carol taking of the Pmperry. the pnxeeJppf s shall be &xd ro the sums secured by this Security Instry kc W,whetherwnotthendue,withanyexcesspaiddrbwn)wee.IntheeventofapartialtakingofllvePngw"y,un"t Barcis)werand Leader otherwise sgrerInwriiing, the sumstecuredbythisSecurityInsirumentshall herrtktcJb)1leamour" of the proceeds multiplied by the following fraction: (a) the itrsl amount of the sums secured immediately Wore taking. divided by tb) the fair market value of the Property immediately beluce the taking Any balance shall be NO it, B-nrwt t If the Pnoletry is abanduned by b truwer.ur d,sher mike by Lender to Ilornwer chic the ec nktttnw oticn tit mAkc m award w settle a suites I,w Jamascs. Ikxnm, fails to mr%wrd to Letdkt within 341 days after air Ja1e 11r ftwxe n 9"", laca.kr is awhdxiaed to culica and apply the proceeds, st its opcioxl, ckhef to rruorstiun ur repair of the PngvftY or rattler Wilt wrtured by this Security Instrument, whether or not then Joe. Unk•st ferret and tiorruwer otherwise agree in writing, any apldkacism of pnxreds to principal shall nM calenJ.w pdapotr tlr,ker Jatc,d the owwtchly payments re(cfreJ to in paragraph I stwl 2 tw clun)•e cle afrdMrot of urh payed sus Itl. Burruwer Not Release!; Forbearance By Under Not a Wait,. I:socnsiswt of the time I,w Wyneot sot w rsdehimsc.unoofsmciiaaciunufthesums secunedbythis Security lnstrunacntgranted byL rdkrwanyswu+uwininterest,d :'.. bscrtw, shill nt operate to release the liability of theotigistah Ilowruwcr ow fl,xnwces uxetsxors in severest. Ito,ler dull ,1 '. raw be teal i"toc,wnteaclte pis Keedings against any suctesux In Interest lot refuse itleatudl time hot paymclt tw,Nlxfwl%c :. a. cool.lyavdxliutidwtoslclewnnseavrtdbYlhisSo-curitylnurvtncmbYrcaatxcodaryJcnunJslu,klycleotigooulll,wn,wcf yf w bwnwer's sott'essxa in interest. Any Iotbeat anee by Lender in excel: ism6 any right or remedy shill cue be a waovcr -1 tot ;r ' prethdk the exercise of arry, right or remedy. R•�{ �;i ;: I I . Succers ssoand Ass igns Bound; joint and Several Liability; Co-%i gnem The ct rvetu nts a nJ agterrncnc t , J s l lit rySlJ- - `.. SnwicY lonsrultu,nv *lull hisdi aotsibenefit the sucacss,ws old amigin oil Irtnkr and Itownw,, whycct m the pon „ vnew1 • r a ra t 17. Noxnwn's oweNnes ands rKrnenn dull be dint aril several. An ILwrtwer wlso cs"i ns this tietufll t; Iu R f'l 6 M 1 K Y I,{r InsarrltenshctJews nor execute the Nwe:(a)iscu•signingthis Security Instrument only tomortgage. grant anJomreythat 'JL.� ! Wwruvet's interns in the Property under the terms tat this Security Instrumem; (b) is rum prtsocully ubligaccd 1„ NY the +Moen aetuted by this Securtcy InslrumHlt; and (a) agrees that lerdkt atel any otlef Idxnmer may agree ell eatenJ. n—del), l.whrar ow make any ruxr"txrLtwns with regard to the terms of this Security Insina ent or the Note w0uNM Mae 1,4Ile N 1, Ne rt s tt water". t!+' 12. law es. ChrpIf live loan secured by this Security Instrument is subject is.a law which acts masinwm lion hangs.. Arbil thot law islilullyinterpreted sstthas the interescwother loan ahargcsnolkcteJswaobecodkcctJincswtrttti,N, r �fi`•..wvhtht•4unexceed ahepetmitled Iimil t,lhm:(a) any such lwnchargeslullbereducalbyIheamwnrnecesasryloreJute re' .thedurpertalepermittedlimit; and (b) any Wrns already "iatedInxnBwnwcrrhnthcacteJeJp,ovitleallimnswelllie , rtlwdkd to Borrower. lender may chuuse to make this refund by reducing the principal owed under the Nate r" by nuking a t, direct payment W Ilownwer. If a refund reduces prkacipa4 the retkctkm wiii be created as a panial p4-P@T wm without any � prcluyntcm cdtafpc and" the Nwc. 13. Legislstio t Affecting Lender's Rights. 11 ensonaery ow expits.un of applkabk laws has the effect of rendering ' '•..�t' . say provisional the Noccut this Security Instrument unenlurceabk s cearding to ics terms• Indict. at its option, MAY require .tiyr bswtedisce payment in full of all sums secured by this Security Instrument and may invoke any ... it in permitted hY t ♦� ti , prrsgraph 19. If Leader eaercises this uptic^ Lender &hull take the steps specified in the second paragraph of para)raph 17 14. Noikes. Any mike to Bwtuwer pnnlded hr in this Security Instrument shall be given by delivering st ow by r?� calling k by lies clsss mad unku appikable law requires useol anther method. The n eke &hall be directed W the Pnytetit T . �1w •� o1laldlrt&a or any *her address Borrower designates by not kr to lrrdder. Any nix ice to Lender shall be given by liras a Iasi mad } r F: so la ddet's Willem voted herrin w any whet address Lnsdef oesignares by notice to Borrower. Any nNkc pr, viokJ lox in f t yy J.' this Sscvrky Imscvmene shall be deemed to have been given to brrowet o Lender when given as IwuviokJ in this puapap e 1 rtr� .- IS. Governing law` Ssverability. This Security Imtrtrrttex shall be governed by federal law sort the law ul he b wisdkiltm in whkh the Property is krvted. In the event that any provision or clause of this Security lnurue it t sw chr N,we eins with appikable law, such eh conflict shall nix effect Previsions of this SccuFicy llW rYmelN ,w llK NtNe whwh can swdl 1 , ` be given effect wl(how the cordlicting provision. To this endd the provisions of this SccWK7 Irotrwarrt and the Note are �,..! dKbwW to be severable. f r ll' 16. Borrowers Copy. bwruwer shall be given one conformed cum ad the Noce and of this Security Inaul arfnene 17. Trsaafer dal the Properq or a Beneficial Interest in Borrower. If all or any part of the Pncpetty or any ',... i dmsetew in itis sold or transferred lot it a beneficial interest in Bucrower is sold oftram(,rcd and bonnet " is raw s natural •rtj' perse n) without LorreJer's prior written crnserx. Lender may, at its option• require nnmtJace Menem in full of all swan secured by 1lsis Security .restrumens. Ho.wevet, this uptiun shall nor be exercised by lender it runcise is pndr6isaJ h7leJenai but in of the time d this Secwky Irncranttett. It Lender exercises this uption, Under atoll give bxnmef row ice of sintershun. The Music dull Provide a Perrot/ of J� calls Ins than W days from the date the n tier is delivered w mailed within whit h Burrow, muse pay all sums tecured by this Stcaarky Iwaeomeat. if Bu"uwef faib ro pay these sum prior to the capirateun of this paced, leerier see? invoke any Ys seconders penlakted by this Secet ty Instrumert without further music or demand on bwnmet. 1' IL Bew ocroer's Right to Rrdsatate. If brnrwer meets cersain codditi once, Borrower shelf have the ruins is how esnfurcrment of this Security Instrument discwwinued at any time pier so 11w estli, uf. tap S days to ewh dthrr preyed as w appiecsble law" specify fur reinstatement) behxr sale of the Property pursuart to any power art sak aor"aierJ in nlrs Se sj county Instrument. or Ili) entry ul a lodgment enforcing this Security Inurumertt. Those aoxdtrwn one that Bu—somf Is) y7 pays Lander a sums which then would be de under this Security Inst rvrren and the Note had rest, acceirraasun ocew reJ: c bs 1; cut" any Monk of any other cunvenants at agreeaaenn; (c) pays all expenses incurred in enluning this Security lrncrvxact kthrling. but nor limited ask reasonable attartrys' fees; and (d) takes such enkxn as Lesdkr may rra*xabi/ ra 9"r Mt N- sue chat the lien of this Security Imnvlaem. Lender's rights in the Pruperry and B rmwei s ublsgatdce do pay the •ant ' secured by this Srcwky Imactutrent shall ctwtine orthangeti Up n reinnrserrtervc by fisrncwef, this Security Insc rtrrrws r and the tdtiigacium secured hereby shall remain fully elective as it no utcelrralittt had mcvrred Htcaevef, this rion so reintaae &lull nut apply in tat cue of ecccievo un wrier, perapapld 15 or 17. 0 • 451 • rq� t NON•UN11 ORM CUVLNANTS. Burruwcr and rpdCr jYcr�rc�alvcnant and agrte as hollows 11). Acceleration; Remedies. Lender sh ll �e cell burr wef prior to acceleration bellowing Rorruwcr's breach of any covenant or agreement in this Securty Instrument (but not proor to acceleration under paragraphs 1 I and 17 udacss applicable Isle provides otherwise). The notice shall specify! (a) the Jef anl(; 1br the ut pun required rcJ to cure the dk•faul1; 1c1 ■ Jale, not less than 30 dayrs from (he date the notice is given to Iorrow era by which the Jr(ault mulct he curet); and (elf that failure to cure the de(sult on or before the date specified in the notice may result in accekrauun ell the sums secured by this Security Instrument and sale of the Property. J he notice shall further inform N)rtt)wer of the tiFht to re- imuuderaccelerationandtheri�tIF to bringg acou"action toassert the non-existen,ofadefault urany other Mrnu of Burruwcr to acceleration and axle. If Ihedclsuit is not cured on or before the date specifieJ in the notice. Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without fun her demanJ and may invoke the power of sale and any other remedies permitted by app(+licable law. Lendcnhall he entitled toadlect all expenses incurred in pursuing the remedies Provided to this psragraph 19. including, but nut limited to, reasonable usoroe)) s' (res and costs of title evidence. If Lender invokes the power of sale, Lender or Trustee shall gike to Borrower land the uw net of the Prolx rt%. it s different person) notice of sale in the manner prescribed by a��illicabk law.7'rusteor shall gi.e Public notice n( sale b) advertising, in accurdance with applicable law, once a week or two successive werks in a newspaper ha%Ing general circulation in the county ureity in which any pan of the Property is located, end by such additional or any JIf lercno form of adsertiscmrnt the l'rus(ee deems advisable. Trustee may sell the Property on the eighth day slier the lint advertisement For any Jay thcrcafter, but not later than 30 days following the last adscrt iscment.'I lustre, is, ithout Jcmand on Borrower, thall sell the Property at public auction to) the highest bidder at the time and glue snJ under the terms designated in the nutice ul sale in one or more parcels and in any order l'rustec dcurminn. l rustee may rxntpwxor tale u( all oc any parcel of the Property by advertising In accordance with applicable law. Lender or its Jesignorc rosy purchase the Pru.{ptx.vrly at any ask. 1 rude'. shall deliver to the purchaser Truttn's Jred conveying the Pnopeny with special warranty of title. t he reci[sIs in the Trustee's deed shall be prima facie evidence u( the truth of the statements made therein. Trustee shall apply the iscoceeds of the sale in the following order. (a) to all expenses of the sale, including, but not limited to,1'rus4ee's lees of five ... , ,,,,. r;i of the gross sale price and reasonable attorneys ICIM (b) to the discharge of all [sun. levies and assestments an the Property, if any, as pruvided by Applicable law; Ic) to all sums secured by this Security lnstrunsenr and IJ) any excess to the person or persons legally entitled to it. Trustee shall not be required to take possession of the Prollwely, prior to the sale thereof oe to deliver possession of the Property to the purchaser At the ask. 21). lender in Possession. Upon accekrotiun uakr paragraph 19 tit aharwk Ksnocnl Ill file Property, I.etrdcr un p�yvon, by A •cit, or by jo lKially sppxonted reteiverf shall be ornmW Ire enter I,pxon, take p•rsess.n oI atwl rnanay,^c the Property ats mot olkct tlx rents of the Properly irKludtnf� thirst past due Any renlsculkcteJ by Linder or the racokrt dull be ApplK-i lint III payment Ill the costs of management ul the Property and cullectim of rents, including, but not hinittd tat, rc%rivcr's fees, premiums on receiver's bonds and ressutubk attorneys' Iris, and then to thor corns secured by this Seturtty Instrutornt. 21. Release. Upon payment of all sums secured by this Security Instrument, Ierwkr shall regtws( Truvtec to rc- lease this4curiiy Instrument and dull surrender all nKes evikming debt sc ured by this Security Instrument to Trustee. Trustee *lull rckase this Security Instrument withosrt charge Ko Borrower. Botruwer shall pay any recordation nest►. 22. Suhstitut+Trustee. Lowder, at its opHion, may from Mine to time remove Trustee and apryNnt a %mcesua trustee tit any 1'rusim App winttd Ix•rcunkkr. Withrwt kon,"atwe of Ilre l'norvcrty, the suaessur Imon, shall Aoscteed to all the title, punre'r ark) duties crrrlc CICJ ulx)n Tfusace (leletn and by applicable law. 23. Identification of Nute. The Note is idersaii" by a certificate on the Note executed by any Notary Public who %crtifin an ackn owk Igmerst hereto. 21. RiJers to this Security Instrument. If Irtse or more riders arc executed by Burruwcr and ncordord 1--Fct1wr with Ito. �aurity Instrument, list, novels rats and agmcrnenn of each such rider shall be InclrpxrateJ into and shall amend and voly.kowin tlw covenants atkl agreements tsf this Security Insaturnrm as if the rietts) were a part oaf this Security In.trunw•Iw. )stick applrabk boa(es)-I ❑ Adlustabk Rate oidkY O Gotwkominium Rikr ❑ 2-4 Fanuly Rilet ❑ CfAluatcd Payment Rikf ❑ Planned Ulu( Uevekopnscnt Rxler ❑ (thefts) lsptcifyl NOTICE: '111Y t)LUT SECURED IIF.RI.BY IS SUB)ECI' TO CALL IN FULL OR I'M PERMS TIIEREOV BEING MOUIFIEU IN '1'llk EVENT UP SALE UK CUNVkYANCE UP IIIE PRUPERIY CONVEYEU. BY SIGNING BI:l.UW, Nwruwef accepts and agrees to the terms and covenants cuwained in this Se ve-11 Inslruttwrw and in any rkk-f(a) eamtteJ by Bu ace, and receded with it. `) e f�/ . ..... ..crilI L NIIOOD D. RITTER ^..rC.t.�.r........ ..1: ELI;.ABETN A. RITTER .:4.: Iatsate Now Ttva lMra r.r AArna.aaeanrwl STAIT OF VIRGINIA.• • � �,r CI'4'Y,OF.ViNCRE�:Kk*................ Xlax4xs: Tlselucpoinginatrumerwless soknowledgedbc(uemethis . Aktk.. /a..�•7. Es.•••••.•••••.•.••.. Is" LINYOOD D. RITTER and ELIUBETH A. RITTER. husband and wife ............... by . .;o :oe;.;I :rnr .......... My Cunsnsissiws capoiresx� A,,il l �) 1"t �................. c� l.``';[i �........ at r:s e.... ,.,ILA r tl[I%InCK • ores podrroee r rile o n trw Tw twar.rrt w :� eaa soles oleNtose r eOwe+�� r1erw �� 'I PPROVED BK 6 13 PG 4 4 6 W INCHESTER — FREDERICK COL3oo HEALTH DEPT. 200 PO 6 0 FREDERICK COUNTY 4 PLANNING DEPT. f k 8.264 ACRES } W Y of !; Oomc� ` t f9a CNO. Soo*'S1'W O uuucs�� 212.05' 12ta3'1—i ARC 212.17 S03'3 2 06'W-215.81' i VA. ROUTE 641 a . • J 0 GU O 10 E 0. ID W m 1� 1 Q. r� _____, N04*22'04" E Qo 192.93' c Ho. 0 5• 5 8'4 b - 299.88, pAc 299.92' Q' .. ` h� W cb N 0) p O a1► 4� O'� E 199.8.8' &Qc 198,a2• NO3.32' 6' E ---v -- �C 1-+J ��• w S8� E._%5. �-- 72 1565. q 47 I �(p' N;9 ° 8: 2 64 AC. '9'�• TRACT s AQ�9• /� �,p. -IRON Q g-• 14'000w /` DIN > `� ��• �' 436,2 5 N13•51'4 02.00� w0N PIN IRON PIN •_. �Ol1Nol-�. eta s A' N8616'I 1'W� 0235.84 cHo._N09-31'41"yV 306.61 ARc 307.28' LEE A. [BERYL' V W jjt r,;Alt MQ- > 168. 0 5' h a Q O' The Accompanying Plat is a Survey of'.a Portion of the Land ' ponveyed to Joel 0. Stowe and Lucito M. Stove by Deed dated 24 May 1985 in Deed Hook 599 Page 203. The said Improved Land fronts the Center Lines of Virginia Route 641, just South of its intersection with Virginia Route 277, and lies in Opequon District, Frederick County, Virginia+ Beginning at a point in the Centex Line of Route 641, a corner to the 33.194 Acre Portion, running with the Two following Center Lines S 030 32. 06" W - 215,81 ft.; thence with the Arc Line 21.2.17 ft# (Chord S 00a 15' 51" W - 212,05 ft. - R. 1*858944 ft.) to a corner to the Carbary Lot; thence with the Northern°Line of the said Land, and continuing with the Northern Line of the said Other Land S 870 14' 00" W - 611,32 ft. to an iron pin corner to tho Other Landi thence with the Three Following Linos of the maid Other Land N 490 45' 16" W - 319.24 ft. to an iron pinj thence N 400 26' 07" E - 446.64 ft. to an iron pin; thence S 810 14' 09" E - 565.64 ft. to an iron pin, and continuing S 810 14' 09" E - 585.72 ft., IN ALL, to the beginning. .., Containing - - 8,264 Acres -- Surveyed - - - November 13, 1985 r• �- Cam\ 0 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 l infICArIOBI Or PUBLIC 11-9r\i 11 IG April 8, 1998 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #005-98 OF LINWOOD AND ELIZABETH RITTER On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing on April 22, 1998 at 7:15 p.m., in the board room of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia. This hearing is to consider Rezoning #005-98 of Linwood and Elizabeth Ritter, submitted by Greenway Engineering, to rezone 8.264 acres from RA (Rural Areas) District to RP (Residential Performance) District. This property is located at 746 Double Church Road (Route 641), and is identified with Property Identification Number 86-A-2113 in the Opequon Magisterial District. Any interested parties having questions or wishing to speak may attend this meetin application is available for review at the Handley Library, or the Department Development located at 107 North Kent Street in Winchester, VA. Sincerely, Evan A. Wyatt Deputy Director EAW/cc g . A copy of the of Planning and O: AGENDAS\AD101NER\RITTER.REZ 107 North Kent Street • Winchester, Virginia 22601-5000 x 0 • This is to certify that the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick County, Vir ma: 86 -A- - 21-B 86 A- - 21 RITTER, LINWOOD D. JENI COMPANY PO BOX 808 746 DOUBLE CHURCH RD WINCHESTER, VA 22604.0888 STEPHENS CITY, VA. 22655.3221 86 -A- - 71-A THOMAS, TIM B. & DENISE LYNN 781 DOUBLE CHURCH RD STEPHENS CITY, VA. 22655.3213 86 - A- - 22- CARBARY, CHARLES S 784 DOUBLE CHURCH RD STEPHENS CITY, VA 22655.3221 86 -A- - 72-A BARTLES, CARLTON L. 749 DOUBLE CHURCH RD STEPHENS CITY, VA. 22655.3213 86 - A- - 72-B WYMER, KENNETH E.& 731 DOUBLE CHURCH RD STEPHENS CITY, VA. 22655.3213 A. L . j � Evan A. W att, Depu Director Frederick Co. Plannin Dept. STATE OF VMGMA COUNTY OF FREDEIUCK I, Eth Onn ffi I I , a Notary Public in and for the State and County aforesaid, do hereby certify that Evan A. Wyatt, Deputy Director, for tT De artment of Planning and Development, whose name is signed to the foregoing, dated E. 19 9R- has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this day ofnor; I 9 91� My commission expires on c-�8 , 1q99 Y � . �_N ' TARY PUBLIC 0 0 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 m J'!'lrluivi JAI Jr Pw c rlsr�;�l1 Ir March 18, 1998 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #005-98 OF LINWOOD AND ELIZABETH RITTER On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing on April 1, 1998 at 7:00 p.m., in the board room of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia. This hearing is to consider Rezoning 9005-98 of Linwood and Elizabeth Ritter, submitted by Greenway Engineering, to rezone 8.264 acres from RA (Rural Areas) District to RP (Residential Performance) District. This property is located at 746 Double Church Road (Route 641), and is identified with Property Identification Number 86-A-21B in the Opequon Magisterial District. Any interested parties having questions or wishing to speak may attend this meeting. A copy of the application is available for review at the Handley Library, or the Department of Planning and Development located at 107 North Kent Street in Winchester, VA. Sincerely, L I-V Evan A. Wyatt Deputy Director EAW/cc OAAGEN DAMADIOIN ERMTFER.REZ 107 North Kent Street • Winchester, Virginia 22601-5000 0 • This is to certify that the a tached correspondence was mailed to the following on from the Department of Planning and Development, Frederick County, Virginia: 86 - A. - 21. JENI COMPANY PO BOX 888 WINCHESTER, VA 22604.0888 86 - A- - 22. CARBARY, CHARLES S 784 DOUBLE CHURCH RD STEPHENS CITY, VA 22655.3221 86 -A- - 71-A THOMAS, TIM B. & DENISE LYNN 781 DOUBLE CHURCH RD STEPHENS CITY, VA. 22655.3213 86 - A- - 72-B WYMER, KENNETH E.& 731 DOUBLE CHURCH RD STEPHENS CITY, VA. 22655.3213 B6 -A- - 21-B BITTER, LINWOOD D. 746 DOUBLE CHURCH RD STEPHENS CITY, VA. 22655.3221 9% - 4 - 72-A $a lr Ho-, 00r L �oA L' r(,�9 PaULle C4(4V'c4 1zd- ,5fpAetis City ) V1 Z.2 655. 3 a �3 Evan A. yatt, De ty irector Frederick Co. Pla ng Dept. STATE OF VIRGINIA COUNTY OF FREDERICK I, �ejh [ rn n Oa,` a Notary Public in and for the State and County aforesaid, do hereby certify that Evan A. Wyatt, Deputy Director, for the Department of Planning and Development, whose name is signed to the foregoing, dated '( afr IR, 19c�P) , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this I day of M a(L, j q q B My commission expires on e hajaw @�a )999 �- -N I TARY kUBLIC