HomeMy WebLinkAbout020-06 Civil War Preserva. Trust - 222.03 Acres RP to RA - Stonewall - Backfile16
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given to office manager to update Application Action Summary
A(, PC public hearing date ACTION:
BOS public hearing date ACTION:
Signed -copy -of resolution -for -amendment -of -ordinance, with conditions proffered— -
[if applicable], received from County Administrator's office and given to office
manager for placement in the Proffers Notebook. (Note: If rezoning has no
proffers, resolution goes in Amendments Without Proffers Notebook.)
o Action letter mailed to applicant
(� Reference manual and D-base updated
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COUNTY of FREDERICK
Department of Planning & Development
107 North Kent Street, Suite 202
Winchester, Virginia 22601
016N26508243
P.
�s $ 00.390
is 12/27/2006
Mailed From 22601
US POSTAGE
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WINCHESTER, VA
NIXIE 201 1 09 01/09/07
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COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/ 665-6395
NOTIFICATION OF PUBLIC HEARING
December 27, 2006
TO: TIIB APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S)
R , : REZONING APPLICATION #20-06 FOR CIVIL WAR PRESERVATION TRUST
On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing
being held on Wednesday, January 10, 2007, at 7:15 p.m., in the Board Room of the Frederick
County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the
following application:
Rezoning 420-06 for the Civil War Preservation Trust, submitted by GreyWolfe, Inc., to rezone
222.03 acres from RP (Residential Performance) District to RA (Rural Areas) District for agricultural
preservation. The properties are located on Redbud Road (Route 661), 0.7 miles to the commercial
entrance for the Civil War Preservation Trust Park next to Hackwood Farm, in the Stonewall
Magisterial District, and are identified by Property Identification Numbers 54-A-88 and 54-A-90.
Any interested parties having questions or wishing to speak may attend this public hearing. A copy of
the application will be available for review at the Handley Library and the Bowman Library the week of
the meeting, or at the Department of P1amling and Development located at 107 North Kent Street in
Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at:
www.co.frederick.va.us.
Sincerely,
(Kevin T. Henry
Planning Technician
1714l /11R:l
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
COUNTY of FREDERICK
Department of Planning & Development �• ,_.��,},�
107 North Kent Street, Suite 202
MatMd Fro,;�2601
Winchester, Virginia 22601 r "
- US POSTAGE
i 2 2 2007
Association for the Preservation of Civil War
Sites
305 Charlotte St.
Fredericksburc
NIXIE 232 1 OD 01/10/07
RETURN TO SENDER
NOT DELIVERADLE AS ADDRESSED
UNADLE TO FORWARD
__ DC: 22601500099 *3017--03940-11-39
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX:540/665-6395
January 11, 2007
Mr. Gary R. Oates, LS-B, PE
GreyWolfe, Inc.
1073 Redbud Rd.
Winchester, VA 22603
RE: REZONING #20-06, CIVIL WAR PRESERVATION TRUST
Dear Mr. Oates:
This letter serves to confirm action taken by the Frederick County Board of Supervisors at their
meeting of January 10, 2007. The above -referenced application was approved to rezone 222.03 acres
from RP (Residential Performance) District to RA (Rural Areas) District, for agricultural and
historical preservation. The properties are located south of Redbud Road, east of Interstate 81 and
north of Regency Lakes and Millbrook High School, with frontage and access to/from Redbud Road,
and are identified with Property Identification Numbers 54-A-88 and 54-A-90 in the Stonewall
Magisterial District.
Please do not hesitate to contact this office if you have any questions regarding the approval of this
rezoning application.
Sincerely,
Kevin T. Henry
Planning Technician
KTH/bad
Charles S. DeHaven, Jr., Stonewall District Supervisor
John H. Light and Gary Oates, Stonewall District Planning Commissioners
Jane Anderson, Real Estate
Commissioner of Revenue
,Association for the Preservation of Civil War Sites, 305 Charlotte St., Fredericksburg,
VA 22401
107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000
COUNTY of FREDERICK
Department of Planning & Development
107 North Kent Street, Suite 202
Winchester, Virginia 22601
54 - A- - 88-
ASSOCIATION FOR THE PRESERVATION
OF CIVIL WAR SITES
305 CHARLOTTE ST
FREDERICKSBURG, VA 22401-5909
016H26508243
$ 00.390
12/27/2006
Mailed From 22601
US POSTAGE
NIXIE 232 1 09 01105/07
RETURN TO SENDER
NOT DELIVERABLE AS ADDRESSED
UNABLE TO FORWARD
; BC : 22601503907 * 0992— 03:119— OS 23
2260105039
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/665-6395
NOTIFICATION OF PUBLIC HEARING
December 27, 2006
TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S)
RE: REZONING APPLICATION #20-06 FOR CIVIL WAR PRESERVATION TRUST
On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing
being held on Wednesday, January 10, 2007, at 7:15 p.m., in the Board Room of the Frederick
County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the
following application:
Rezoning #20-06 for the Civil War Preservation Trust, submitted by GreyWolfe, Inc., to rezone
222.03 acres from RP (Residential Performance) District to RA (Rural Areas) District for agricultural
preservation. The properties are located on Redbud Road (Route 661), 0.7 miles to the commercial
entrance for the Civil War Preservation Trust Park next to Hackwood Farm, in the Stonewall
Magisterial District, and are identified by Property Identification Numbers 54-A-88 and 54-A-90.
Any interested parties having questions or wishing to speak may attend this public hearing. A copy of
the application will be available for review at the Handley Library and the Bowman Library the week of
the meeting, or at the Department of Planning and Development located at 107 North Kent Street in
Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at:
www.co.frederick.va.us.
Sincerely,
kevin T. H2�
Planning Technician
KTH/bad
107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000
COUNTY of FREDERICK
Department of Planning & Development
107 North Kent Street, Suite 202
Winchester, Virginia 22601
54 - A 90-
ASSOCIATION FOR THE PRESERVATION
OF CIVIL WAR SITES
305 CHARLOTTE ST
FREDERICKSBURG, VA 22401-5909
f
d
ar
016H26508243
$ 00.63 0
01/05/2007
Mailed From 22601
US POSTAGE
NIXIE= 232 1 OB 0;1/10/07
RETURN TO SENDER
NOT DELIVERADLE AS ADDRESSED
UNABLE TO roRWARD
404 Q �'`F 71-O 05--40
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AGENDA
REGULAR MEETING
FREDERICK COUNTY BOARD OF SUPERVISORS
WEDNESDAY, JANUARY 10, 2007
7:15 P.M.
BOARD ROOM; COUNTY ADMINISTRATION BUILDING
107 NORTH KENT STREET, WINCHESTER, VIRGINIA
Call To Order
Invocation
Pledge of Allegiance
Organization of the Board of Supervisors for 2007:
Pursuant to State Law, the Board is Required to Organize Its Functions at Its
First. Meeting in January Including:
A. Election of Vice -Chairman
B. Adoption of Rules of Procedure
C. Selection of a Parliamentarian
D. Selection of Time and Place for Regular Meetings
E. Chairman's Board/Committee Assignments (See Attached) - - - - - - - - A
Adoption of Agenda:
Pursuant to established procedures, the Board should adopt the Agenda for
the meeting.
Consent Agenda:
(Tentative Agenda Items for Consent are Tabs: N)
Citizen Comments (Agenda Items Only, That Are Not Subject to Public Hearing.)
Board of Supervisors Comments
!f
ik
AGENDA
REGULAR MEETING
FREDERICK COUNTY BOARD OF SUPERVISORS
WEDNESDAY, JANUARY 10, 2007
PAGE 2
Minutes: (See Attached) --------------- - -------------------------- B
1. Regular Meeting, December 13, 2006.
County Officials:
1. Dr. C. J. Brodrick to Provide Update to the Board on the Shen -Air Project.
2. Committee Appointments. (See Attached) - - - - - - - - - - - - - - - - - - - - - - C
3. Ordinance Establishing a Continuity of Operations Plan for the Board
of Supervisors. (See Attached)---------.--------------------- D
4. Resolution Re: Construction of Proposed 500 Kilovolt Transmission Line.
(See Attached) ----------------------------------------- E
Committee Resorts:
1. Finance Committee. (See Attached) ------------=---------=--- F
2. Transportation Committee. (See Attached) - - - - - - - - - - - - - - - - - - - - - G
Planning Commission Business:
Public Hearings:
1. Rezoning #11-06 of Abram's Chase, Submitted by. Greenway
Engineering, to Rezone 3.25 Acres from RA (Rural Areas) District to RP
(Residential Performance) District, with Proffers, for 14 Single Family
Homes on Small Lots. The Property Fronts on the North Side of
Senseny Road (Route 657) Adjacent to the Parkwood Manor. Subdivision,
and is Identified by Property Identification Numbers 65-A-27A and
65-A-28A, in the.Red Bud Magisterial District. (See'Attached) - - - - - - - - H
2. Rezoning #14-06 of Glaize Property, Submitted by Painter -Lewis, PLC,
to Rezone 1.38 Acres from RA (Rural Areas) District to B2 (General
Business) District, with Proffers, for Commercial Use. The Property is
u
t�
AGENDA
REGULAR MEETING
FREDERICK COUNTY BOARD OF SUPERVISORS
WEDNESDAY, JANUARY 10, 2007
PAGE 3
Located on the Southwestern Quadrant of the Intersection of
Northwestern Pike (Route 50)/Round Hill Road (Route 803)/Retail
Boulevard, and is Identified by Property Identification Number 52-A-252
in the Gainesboro Magisterial District. (See Attached) - - - - - - - - - - - - -
3. Rezoning #16-06 for the Tasker Road and Warrior Road Proffer
Revision, Submitted by Greenway Engineering, to Revise Proffers
Concerning the Rezoning of 10.73 Acres to B2 (General Business)
District. The Proffer Revision Addresses the Hours of Operation on the
Property. The Properties are Located in the Southeast Quadrant
of the Intersection of Tasker Road (Route 642) and Warrior Drive
(Route 1141), and are Identified by Property Identification Numbers
(PINS) 75-A-105A, 75-A-105B, 75-A-105C, and 75-A-105D, in the
Opequon Magisterial District. (See Attached) - - - - - - - - - - - - - - - - - - - - J
4. Rezoning #20-06 for the Civil War Preservation Trust, Submitted by
GreyWolfe, Inc., to Rezone 222.03 Acres from RP (Residential
Performance) District to RA (Rural Areas) District for Agricultural
Preservation. The Properties are Located on Redbud Road
(Route 661), 0.7 Miles to the Commercial Entrance for the Civil War
Preservation Trust Park Next to Hackwood Farm, and are Identified by
Property Identification Numbers 54-A-88 and 54-A-90 in the Stonewall
Magisterial District. (See Attached) --------------------=------ K
5. Rezoning #17-06 of Rutherford Crossing, Submitted by Greenway
Engineering, to Rezone 22.45 Acres from B3 (Industrial Transition)
District to B2 (General Business) District and 8.55 Acres from M1
(Light Industrial) District to B2 (General Business) District, Totaling 31
Acres, with Proffers, for a Retail Center. The Properties are Located
at the Northeast Quadrant of the Intersection of Interstate 81
(Exit 317) and Martinsburg Pike (Route 11) and are Identified by
Property Identification Numbers 43-A-99 and 43-A-100 in the
Stonewall Magisterial District. An Additional Property to be Subject to
Proffers, but not to be Rezoned, is Identified by Property Identification
Number 43-A-98. This Property is Located East of Interstate 81,
Approximately 1,500 Feet North of the Intersection of Interstate 81
and Martinsburg Pike (Route 11) in the Stonewall Magisterial District.
(Postponed) (See Attached) ------------------------------- L
M
,I�
AGENDA
REGULAR MEETING
FREDERICK COUNTY BOARD OF SUPERVISORS
WEDNESDAY, JANUARY 10, 2007
PAGE 4
Other Planning Items:
1. Discussion of 2007-2008 Capital Improvements Plan (CIP).
(See Attached) ----------------------------------------- M
2. Road Resolutions: (See Attached) ---------------------------- N
a. Briarwood, Section_ s 5-9
b. Hedgebr-ook Hills
c. Canter Estates, Section 5, Phase I.
Board Liaison Reports (If Any)
Citizen Comments
Board of Supervisors Comments
Adjourn
REZONING APPLICATION 420-06
CIVIL WAR PRESERVATION TRUST
Staff Report for the Board of Supervisors
Prepared: December 29, 2006
Staff Contact: Kevin T. Henry, Planning Technician
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to assist them in making a decision on this
application. It may also be useful to others interested in this zoning matter. Unresolved issues
concerning this application are noted by staff where relevant throughout this staff report.
Reviewed Action
Planning Commission: 12/20/06 Recommended Approval
Board of Supervisors: 01/10/07 Pending
PROPOSAL: To rezone 222.03 acres from RP (Residential Performance) District to RA (Rural
Areas) District for agricultural and historical preservation.
LOCATION: The properties are located South of Redbud Rd., East of Interstate 81, and North of
Regency Lakes and Millbrook High School, with frontage and access to from Redbud Rd. Access
to the property is via a commercial entrance 0.7 miles from Rt. 11.
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBERS: 54-A-88 and 54-A-90
PROPERTY ZONING: RP (Residential Performance)
PRESENT USE: Battlefield & Agricultural Preservation
ADJOINING PROPERTY ZONING & PRESENT USE:
North:
RA (Rural Areas)
Use:
Residential
South:
MH1 (Mobile Home District)
Use:
Residential
RP (Residential Performance)
Residential
East:
RA (Rural Areas)
Use:
School/Agricultural
West:
RA (Rural Areas)
Use:
Agricultural
PROPOSED USES: Battlefield and agricultural preservation on approximately 222 acres.
REVIEW AGENCIES: None required.
A
4
Rezoning #20-06 — Civil War Preservation Trust
December 29, 2006
Page 2
PLANNING & ZONING:
Site History: The original Frederick County Zoning Map identifies parcel 54-A-90 and 54-
A-88 as A-2 (General Agriculture). In 1973 parcel 54-A-88 was zoned R-4 (Residential
Planned Community) Zoning District. Parcel 54-A-88 was part of the comprehensive down -
zoning in 1982, which changed this property's zoning classification to the A-2 (General
Agriculture) Zoning District. In 1989 Frederick County changed the rural zoning
classifications, combining the A-1 (Limited Agricultural) and A-2 (General Agriculture)
into one district now known as the RA (Rural Areas). Also in 1989, the two parcels were
rezoned (RZ012-89) from RA (Rural Areas) to RP (Residential Performance).
The proposed rezoning lies within the Third Battle of Winchester, an identified core
battlefield area that has maintained its integrity. Within the Third Winchester Battlefield
Preservation Plan, a component of the Frederick County Battlefield Network Plan (1995),
proclaims a major goal in preserving battlefields is acquiring Third Winchester key areas.
Given this goal, the property has been in the possession of the Association for the
Preservation of Civil War Sites since 1995. Along with belonging to the Association for the
Preservation of Civil War Sites, the property was placed into a conservation easement in
2000, whereas the two parcels will be restricted in development of the site. A copy of the
conservation easement is included within the application.
Earlier this year, the Red Bud Agricultural & Forestal District was formed. Included in the
Red Bud Agricultural & Forestal District are the 222.03 acres that are being proposed to be
rezoned. The Agricultural & Forestal Districts within Frederick County are designed to
work similarly to a conservation easement. These districts prohibit development for up to
five years.
Comprehensive Policy Plan: The 2003 Frederick County Comprehensive Policy Plan is an
official public document that serves as the community's guide for making decisions
regarding development, preservation, public facilities and other key components of
community life. The primary goal of this plan is to protect and improve the living
environment within Frederick County. It is in essence a composition of policies used to
plan for the future physical development of Frederick County. [Comprehensive Policy Plan,
P. 1-I]
Land Use
The site is located outside the Urban Development Area (UDA) and the Sewer and Water
Service Area (SWSA). The modifications to the boundaries of the UDA and SWSA to
further preserve the property occurred in 2003. It is not within the limits of any small area
land use plan, but is within the Red Bud Agricultural & Forestal District.
The site is within the limits of the Eastern Frederick County Long Range Land Use Plan.
The plan shows the majority of the rezoning within a Historic/Developmentally Sensitive
Area (DSA). The additional 41 acres that lies outside the DSA has no land use designation.
The rezoning of this property will further ensure its protection as a battlefield preservation
site. The 2003 Frederick County Comprehensive Policy Plan states that zoning or other
Rezoning #20-06 — Civil War Preservation Trust
December 29, 2006
Page 3
regulatory methods can be used to help protect important historical sites. In this case, the
property has been properly designated in the Comprehensive Plan (DSA) considering its
significance.
Through ongoing recreational and trail system efforts, the property is seemingly more
appropriate for rural land use. Included in the rezoning proposal is a map of the trail
network on the property.
Potential Impacts: No impacts are anticipated. This is an extremely positive rezoning
request that minimizes potential future impacts and certainly addresses the Comprehensive
Policy Plan.
STAFF CONCLUSIONS FOR 12/20/06 PLANNING COMMISSION MEETING:
The land use proposed in this application is consistent with the Comprehensive Policy Plan, as
described in the Eastern Frederick County Long Range Land Use Plan. Other elements that make
this a positive rezoning include: the ability to provide a core protection area for the Third Battle of
Winchester; removing the RP Zoning District from an area that would not be typically used for
higher density housing because of its location outside the UDA and SWSA; and the ability to
provide educational and recreational opportunities with an already planned trail network, which
includes several historical interpretative sites. The rezoning proposal strongly supports the concepts
provided in the 2003 Frederick County Comprehensive Policy Plan, as well as further supporting
historical preservation within the County.
PLANNING COMMISSION SUMMARY AND ACTION OF 12/20/06 MEETING:
Commissioners were pleased with the rezoning application. No issues of concern were raised and
the Commission unanimously recommended approval of the rezoning.
(Note: Commissioners Watt and Thomas were absent from the meeting. Commissioner Oates
abstained from the vote.)
Following the requirement for a public hearin,-, a decision regarding this rezoning
application by the Board of Supervisors would be appropriate. The applicant
should be prepared to adequately address all concerns raised by the Board of
Supervisors.
1G COU 3�j� �� r )1)
q` COUN o�1H1R'EUF� &, K
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Department of Planning and Development
540/665-5651
G1 TAX: 540/665-6395
1738
January 11, 2007
Mr. Gary R. Oates, LS-B, PE
GreyWolfe, Inc.
1073 Redbud Rd.
Winchester, VA 22603
RE: REZONING 920-06, CIVIL WAR PRESERVATION TRUST
Dear Mr. Oates:
This letter serves to confirm action taken by the Frederick County Board of Supervisors at their
meeting of January 10, 2007. The above -referenced application was approved to rezone 222.03 acres
from RP (Residential Performance) District to RA (Rural Areas) District, for agricultural and
historical preservation. The properties are located south of Redbud Road, east of Interstate 81 and
north of Regency Lakes and Millbrook High School, with frontage and access to/from Redbud Road,
and are identified with Property Identification Numbers 54-A-88 and 54-A-90 in the Stonewall
Magisterial District.
Please do not hesitate to contact this office if you have any questions regarding the approval of this
rezoning application.
Sincerely,
i
Kevin T. Henry
Planning Technician
KTH/bad
cc:
Charles S. DeHaven, Jr., Stonewall District Supervisor
Jolu1 H. Light and Gary Oates, Stonewall District Planning Commissioners
Jane Anderson, Real Estate
Commissioner of Revenue
Association for the Preservation of Civil War Sites, 305 Charlotte St., Fredericksburg,
VA 22401
107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000
REZONING APPLICATION #20-06
CIVIL WAR PRESERVATION TRUST
Staff Report for the Board of Supervisors
Prepared: December 29, 2006
Staff Contact: Kevin T. Henry, Planning Technician
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to assist them in making a decision on this
application. It may also be useful to others interested in this zoning matter. Unresolved issues
concerning this application are noted by staff where relevant throughout this staff report.
Reviewed Action
Planning Commission: 12/20/06 Recommended Approval
Board of Supervisors: 01/10/07 Pending
PROPOSAL: To rezone 222.03 acres from RP (Residential Performance) District to RA (Rural
Areas) District for agricultural and historical preservation.
LOCATION: The properties are located South of Redbud Rd., East of Interstate 81, and North of
Regency Lakes and Millbrook High School, with frontage and access to from Redbud Rd. Access
to the property is via a commercial entrance 0.7 miles from Rt. 11.
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBERS: 54-A-88 and 54-A-90
PROPERTY ZONING: RP (Residential Performance)
PRESENT USE: Battlefield & Agricultural Preservation
ADJOINING PROPERTY ZONING & PRESENT USE:
North:
RA (Rural Areas)
Use: Residential
South:
MH1 (Mobile Home District)
Use: Residential
RP (Residential Performance)
Residential
East:
RA (Rural Areas)
Use: School/Agricultural
West:
RA (Rural Areas)
Use: Agricultural
PROPOSED USES: Battlefield and agricultural preservation on approximately 222 acres.
REVIEW AGENCIES: None required.
Rezoning #20-06 — Civil War Preservation Trust
December 29, 2006
Page 2
PLANNING & ZONING:
Site History: The original Frederick County Zoning Map identifies parcel 54-A-90 and 54-
A-88 as A-2 (General Agriculture). In 1973 parcel 54-A-88 was zoned R-4 (Residential
Planned Community) Zoning District. Parcel 54-A-88 was part of the comprehensive down -
zoning in 1982, which changed this property's zoning classification to the A-2 (General
Agriculture) Zoning District. In 1989 Frederick County changed the rural zoning
classifications, combining the A-1 (Limited Agricultural) and A-2 (General Agriculture)
into one district now known as the RA (Rural Areas). Also in 1989, the two parcels were
rezoned (RZ012-89) from RA (Rural Areas) to RP (Residential Performance).
The proposed rezoning lies within the Third Battle of Winchester, an identified core
battlefield area that has maintained its integrity. Within the Third Winchester Battlefield
Preservation Plan, a component of the Frederick County Battlefield Network Plan (1995),
proclaims a major goal in preserving battlefields is acquiring Third Winchester key areas.
Given this goal, the property has been in the possession of the Association for the
Preservation of Civil War Sites since 1995. Along with belonging to the Association for the
Preservation of Civil War Sites, the property was placed into a conservation easement in
2000, whereas the two parcels will be restricted in development of the site. A copy of the
conservation easement is included within the application.
Earlier this year, the Red Bud Agricultural & Forestal District was formed. Included in the
Red Bud Agricultural & Forestal District are the 222.03 acres that are being proposed to be
rezoned. The Agricultural & Forestal Districts within Frederick County are designed to
work similarly to a conservation easement. These districts prohibit development for up to
five years.
Comprehensive Policy Plan: The 2003 Frederick County Comprehensive Policy Plan is an
official public document that serves as the community's guide for making decisions
regarding development, preservation, public facilities and other key components of
community life. The primary goal of this plan is to protect and improve the living
environment within Frederick County. It is in essence a composition of policies used to
plan for the future physical development of Frederick County. [Comprehensive Policy Plan,
P. 1-11
T.n"d I NO
The site is located outside the Urban Development Area (UDA) and the Sewer and Water
Service Area (SWSA). The modifications to the boundaries of the UDA and SWSA to
further preserve the property occurred in 2003. It is not within the limits of any small area
land use plan, but is within the Red Bud Agricultural & Forestal District.
The site is within the limits of the Eastern Frederick County Long Range Land Use Plan.
The plan shows the majority of the rezoning within a Historic/Developmentally Sensitive
Area (DSA). The additional 41 acres that lies outside the DSA has no land use designation.
The rezoning of this property will further ensure its protection as a battlefield preservation
site. The 2003 Frederick County Comprehensive Polices states that zoning or other
Rezoning #20-06 — Civil War Preservation Trust
December 29, 2006
Page 3
regulatory methods can be used to help protect important historical sites. In this case, the
property has been properly designated in the Comprehensive Plan (DSA) considering its
significance.
Through ongoing recreational and trail system efforts, the property is seemingly more
appropriate for rural land use. hlcluded in the rezoning proposal is a map of the trail
network on the property.
Potential Impacts: No impacts are anticipated. This is an extremely positive rezoning
request that minimizes potential future impacts and certainly addresses the Comprehensive
Policy Plan.
STAFF CONCLUSIONS FOR 12/20/06 PLANNING COMMISSION MEETING:
The land use proposed in this application is consistent with the Comprehensive Policy Plan, as
described in the Eastern Frederick County Long Range Land Use Plan. Other elements that make
this a positive rezoning include: the ability to provide a core protection area for the Third Battle of
Winchester; removing the RP Zoning District from an area that would not be typically used for
higher density housing because of its location outside the UDA and SWSA; and the ability to
provide educational and recreational opportunities with an already planned trail network, which
includes several historical interpretative sites. The rezoning proposal strongly supports the concepts
provided in the 2003 Frederick County Comprehensive Policy Plan, as well as further supporting
historical preservation within the County.
PLANNING COMMISSION SUMMARY AND ACTION OF 12/20/06 MEETING:
Commissioners were pleased with the rezoning application. No issues of concern were raised and
the Commission unanimously recommended approval of the rezoning.
(Note: Commissioners Watt and Thomas were absent from the meeting. Commissioner Oates
abstained from the vote.)
Following the requirement for a public hearing, a decision regarding this rezoning
application by the Board of Supervisors would be appropriate. The applicant
should be prepared to adequately address all concerns raised by the Board of
Supervisors.
REZ 9 ZU - U K... u.-��.�,t,�-��
Frederick County, VA
Location in the County
Rezoning
REZ # 20 - 06
Application
Civil War
Preservation
Trust
Parcel ID:
54-A-88,54-A-90
Map Features
Application
O Lakes/Ponds
�— Streams
Topography (5' interval)
Buildings
streets
'0116 Primary
Secondary
�. Tertiary
AGF Districts
South Frederick District
Double Church District
4' Red Bud District
Urban Development Area
ft SWSA
Location in Surrounding Area
I�I�ID(n
IREZ # 20 w 06
w
r7
J
r � 1
�' �� Kedbud•Kun Vim``
N/
/ V /
\f
Frederick County, VA
Rezoning
REZ # 20 - 06
Application
Civil War
Preservation
Trust
Parcel ID:
Location in the Lotinty
54 - A - 88, 54 - A - 90
Map Features
Application
Long Range Land Use
fS Lakes/Ponds
Rural Community Center
^— Streams
Residential
Topography (5' interval)
Business
Buildings
•' Industrial
Streets
Institutional
'*► Primary
Recreation
Secondary
Historic
'�. Terciary
® Mixed -Use
AGF Districts
Planned Unit Development
db South Frederick District
40 Double Church District
Red Bud District
1 Urban Development Area
SWSA
;4 �,E;3vj 1 110
Frederick County, VA
Location in the county
Rezoning
REZ#20-06
Application
Civil War
Preservation
Trust
Parcel ID:
54 - A - 88,54 - A - 90
Map Features
Application
Zoning
O Lakes/Ponds
B1 (Business, Neighborhood District)
-�— Streams
B2 (Business, General District)
Topography (5' interval)
40 B3 (Business, Industrial Transition District)
Buildings
40 EM (Extractive Manufacturing District)
Stmets
40 HE (Higher Education District)
ft, Primary
40 M1 (Industrial, Light District)
Secondary
M2 (Industrial, General District)
�. Terciary
40 MH1 (Mobile Home Community District)
It. Urban Development Area 4D MS (Medical Support District)
SWSA
4w R4 (Residential, Planned Community District)
4D R5 (Residential Recreational Community District)
RAZ (Rural Area Zone)
RP (Residential Performance District)
Location in Surrounding Area
• 0
NOV 1 4
REZONING APPLICATION FORM
FREDERICK COUNTY, VIRGINIA
To be completed by Planning Staff
Fee Amount Paid $ /v
Zoning Amendment Nqmber Date Received J/ /
PC Hearing Date T% J! ; 0 BOS Hearing Date
The following information shall be provided by the applicant:
All parcel identification numbers, deed book and page numbers may be obtained from the Office of
the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester.
1. Applicant:
Name: GreyWolfe, Inc.
Address: 1073 Redbud Road
Winchester, Virginia 22603
2. Property Owner (if different than above)
Telephone: 540-667-2001
Name: Civil War Preservation Trust Telephone: 703-346-1615
Contact: Steve Wyngarden
Address: 1331 H Street NW. Suite 1001 Stewardship Coordinator
Washington, DC, 2005
3. Contact person if other than above
Name: Gary R. Oates, LS-B, PE Telephone: 540-667-2001
4. Checklist: Check the following items that have been included with this application.
Location map Agency Comments
Plat Fees
Deed to property Impact Analysis Statement
Verification of taxes paid Proffer Statement
11
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:
Civil War Preservation Trust is the owner. The Virginia Outdoors Foundation
has a conservation easement on these parcels
6. A) Current Use of the Property: Agricultural and Public Trails
B) Proposed Use of the Property: Same
7. Adjoining Property:
PARCEL ID NUMBER
54-(A)-89C
54-(A)-157, 159, 159A
54-(A)-99F
55-(A)-3, 4, 5,21
55-(A)-22
55E-(1)-30 thru 43 & 72C
55-(A)-27
USE
Agriculture
Residential
Vacant
Agriculture
School
Residential
Mobile Home Park
RA
RA
B-2
RA
RA
RP
MH-1
/EMIR [i,[!1,
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):
From Route 11 at 1-81 exit 317, take Route 661 (Redbud Road) for
0.7 miles to the commercial entrance for the Civil War Preservation Trust Park
next to the Hackwood Farm.
12
1�
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 54-(A)-88 and 54-(A)-90
Magisterial: Stonewall
Fire Service: Clearbrook
Rescue Service: Clearbrook
Districts
High School: James Wood
Middle School: James Wood
Elementary School: Stonewall
10. Zoning Change: List the acreage included in each new zoning category being requested.
Acres
Current Zoning
Zoning Requested
181.03
RP
RA
41.00
RP
RA
222.03
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: 0 Townhome: 0 Multi -Family: 0
Non -Residential Lots: 0 Mobile Home: 0 Hotel Rooms: 0
Square Footage of Proposed Uses
Office: Service Station:
Retail: Manufacturing:
Restaurant: Warehouse:
Other:
13
0
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): ��,! %. - Oa Date: /0-26-06.
i
Owners ://
14
Date:
Date: // ao
Date:
Special Limited Power of Attorney
County of Frederick, Virginia
Planning Office, Comty of Frederick, Vupaia, I67 North Kent Street, Winchester, Virginia 22601
Phone 54&465-WI
Faesinile 544-"5-6395
Know All Men By These Presmts: That I (We)
(Name) Civil War Preservation Trust
(Phone) (703) 346-1615
(Address) 1331 H Street NW, Suite 1001 Washington, DC, 20005
the owners) of all those tracts or parocls of land ("Property") conveyed to me (us), by deed recorded in the
Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by
Instrument No. DB 849, PG 173
Parcel. 54 Lot: A Block: Section:
do hereby make, constitute and appoint:
, and is described as
Subdivision: 88 & 90
(Name) GreyWolfe, Inc - Gary R. Oates, LS-B, PE (phonc)
667-2001
(Address) 1073 Redbud Road, Winchester, VA 22603-4757
To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and
authority I (we) would have if acting personally to file planning applications for my (our) above described
Property, including:
x Rezoning (Including proffers)
❑ Conditional Use Permits
❑ Master Development Plan (Preliminary gad Final)
❑ Subdivision
❑ Site Plan
My attorney -in -fact shall have the authority to offer proffered conditions and to make amendmcnts to
previously approved proffered conditions except as follows:
There are no proffers offered with this down zoning.
This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or
modified.
In witness thereof, )have hereto set our) h d and seal this ay of OvcKI�Cy' 200 G ,
Signatures)
To -wit:
i a Notary Public in and for the jurisdiction aforesaid, certify that the person(s)
who signed to the foregoing instrument and who is (are) known to me, persorrm,�ly appcancd before me
and has acknowledged the same before me in the *urisdiction aforesaid this ��"tiay ofIUV 29 .
My Commission Expires:
N ivb is
l
Adjoining Property Owners
Rezoning
Owners of property adjoining the land will be notified of the Planning Commission and the Board of
Supervisors meetings. For the purpose of this application, adjoining property is any property
abutting the requested property on the side or rear or any property directly across a public
right-of-way, a private right-of-way, or a watercourse from the requested property. The
applicant is required to obtain the following information on each adjoining property including the
parcel identification number which may be obtained from the office of the Commissioner of
Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County
Administrative Building, 107 North Kent Street.
Name and Property Identification Number
F Address
Name Shehandoah Valley Battlefields
PO Box 897
New Market, VA 22844
Property # 54-(A)-89C
Name Ruth B. McBride
506 Redbud Road
Winchester, VA 22603
Property # 54-(A)-157
Name R & J Land Development, LLC
1631 Redbud Road
Winchester, VA 22603
Property # 54-(A)-159
Name Janice Marie Kirby
541 Redbud Road
Winchester, VA 22603
Property # 54-(A)-159A
Name Charles W. Huntsberry Estate
PO Box 2298
Winchester, VA 22604
Property # 55-(A)-3 & 4
Name Kevin L. Herring
962 Redbud Road
Winchester, VA 22603
Property # 55-(A)-5
Name Wayne D. & Stephanie P. Seipel
271 Morgan Mill Road
Winchester, VA 22603
Property # 55-(A)_21
Name y
Frederick Count School Board
1415 Amherst Street
Winchester, VA 22601
Property # 55-(A)-22
Name Development Company of America
PO Box 520
Westminster, MD 21158
Property # 54-(A)-99F
15
Name and Property Identification Number
Address
Name Hidden Valley SPE, LLC
150 North Wacker Drive STE
Chicago, IL 60606
Property # 55-(A)-27
Name Regency Heights Property
8700 Ashwood Drive
Capitol Heights, MD 20743
Property # 55E-(1)-72C
Name Marie L. Flanagan
104 Winnepeg Place
Winchester, VA 22603
Property # 55E-(1)-30
Name Dorothy M. Mizerak
102 Winnepeg Place
Winchester, VA 22603
Property # 55E-(1)-31
Name Troy R. & Rani M. Hammond
203 Lake Sever Drive
Winchester, VA 22603
Property # 55E-(1)-33
Name Robert M. Scott
205 Lake Sever Drive
Winchester, VA 22603
Property # 55E-(1)-34
Name Tammy A. Rinard
207 Lake Sever Drive
Winchester, VA 22603
Property# 55E-(1)-35
Name Victoria L. Sine
209 Lake Sever Drive
Winchester, VA 22603
Property # 55E-(1)-36
Name Sherry L. Bohnenkamp
211 Lake Sever Drive
Winchester, VA 22603
Property # 55E-(1)-37
Name Charles H. Whirley
213 Lake Sever Drive
Winchester, VA 22603
Property # 55E-(1)-38
Name Thomas N. Martin
215 Lake Sever Drive
Winchester, VA 22603
Property # 55E-(1)-39
Name Robert A. & Sandra A. Dennis
103 Great Pond Way
Winchester, VA 22603
Property # 55E-(1)-41
Name Michael E. & Michelle D. Shannon
105 Great Pond Way
Winchester, VA 22603
Property # 55E-(1)-42
Name Raymond H. Morton, Jr
106 Great Pond Way
Winchester, VA 22603
Property # 55E-(1)-43
16
0 o j L/ U o /` 1
2, `--- o A i
13
Parcel Information: \\
\ Owner: McBride, Ruth B. '�\ 00
506 Redbud Road
i Winchester• VA 22603
Parcel ID #: 43 A 157
Acreage: 1.10
Zoning: RAC._ _� �' \ •` _-------
Use. Residential 1 ` j]_ �\� G✓ !� 0
WAI*Nmd- - ` c7 0
up
Parcel Information:
Owner. Huntsbeny, Charles William
P.O. Box 2298
Wnchester, VA 22604
� ! Parcel ID M: 55 A 3
/ \ Acreage: 124A0
✓ _ ��� Zoning: RA 0 11�—. - V -u ❑
OUse: Agricultural
1
/ i t
OParcelInformation:
fo`mat�io n: L ' Parcel Information: /
Herring. `—�_ Owner: Seigel, Wayne D. 8 .� ` I\ •\ \ j�� n 0
962 Retlbud Road tepha k P. Truslees ✓ i!
° Winchester, VA 22603 /�
ll ;' Parcel ID #: 55 A 5 �~'^�ae 271 Morgan MIN Road
1 , O 0. •�'a�a�� / _—�1 Winchester, VA 22603
V n Zoning,.\ Aceage: 33.43 �� Pace! ID a 55.521 t\ _ '>
✓// Parcel lnforma / eARA Acreage: RA `./
Use: Agnwttural
^\ /� Owner' Hunlsoerry, C na5 W �Iliam e: Agri. RA l %
P.O. Box 2 B Use: Agricultural
_ Par l #: 3 0 4 ^ \'
/ \ Acreage: .A
Z-.ng:kRA
Use: Agn Ural
Ownec lea Valley 7�
�� "1 i Ban Ids Foundation
Box�897 e �. ~
New arkel VA�22844 Jr `\
P IION: 54Ae9c e
FGn4 �` ( �'\
_ :too Parcel] krtormatlon:
RA J C14+ti -� W / �, Owner County School Board \ \.
se: roll A v`' of Frederick
j n (n 1415 Amherst St.
Winchester, 2 7
� T� � Parcel ID 5A22
_ N
8 1 Parcel Information:/ Acreage:
5 128.48
se: InsGN
Omer: Association for the .� \:' 1 Zoning: RA1114111,
C O — PreServalion of Civil War Sites /// \
a � - - 305 Charlotte St.0I �: n
Fredericksburg,
ParcelID #: 54 A 88
Acreage:18103 401 _ ` ri
. up
�' ® i�N {tif�j %� RP & Zoning. mA �'� ,M`� a�011v1d Moon (`iCI7� Ci,� Use: Agricultural o .,r"
h•,, -
al
0 Parcel Informal!,": ` 0 O - O I.
owner. Association for the / ^, O
`sue + j, Press vatbRot Civil War Sites
` �n 'n
5 -Charlotte 5t. -
c� �� � • a — � Fredericksburg, VA,22401 � ,i 0 � � 0 �� w 2 � �� O / � N
^' \\ \ N
Parcel ID #: 54 A 90,
_`w y Acreage: 41 _ Zoning: _
a r++OO �% • ng: RP ----/ 1� Parcel Infumatle saewe icon: sit, . sfsr s.
LyA p �'• /\ .. Use: Agriattval Owner.Hidden Valley
°�L pp ❑ sa!r.s
.� L�' , '� 1 HometAmeri LLCI CZ,
Ilr.spener Yra.e.e .a Olr l,: �• �/ 00�`�\�C \\ E
.,58 �ke;5te BBo •�) �� ry . O M I1`LB RO Q
Is'1 27 ' Parcel cyHeights Information: ?: / I _ r _
�. Owner. Regency Heights Property � s'
em g 3 67�D Ashwood Dr. H I G HHHHHHHH� SCF=Ua CaplldHelghls. MD 20743 mPar 2C cel ID #: SSE t 7 1,11�-
Wk __-- - l L Zoning:RP `/ lu
/" Use: sigk F1,-RResidential `-� r �!.�/ 3W 1aa0 C 3W am ��
.o p o o a „,�
1 pQpQ34RQ'�i1, Q4Q4��8zi�Q� � - C sc'xE N FEET
DOCUMENTNO. E
/� ANDERSON & ASSOCIATES, INC. DATE : 16FEB05 REVISIONS: E
Q( )Q� Professional Design Services DRAPED BBB 35MARos Grading Plan 22397ET e
U 31 MAR 05 Third Winchester Battlefield Interpretive Trail Plan SHEET
www.andassoc.com Aid— a. CHECKED: CDS 18APR05 Overall Trail Layout & Segment Key 2 10
Blacksburg,Va. 24060 OA/QC , JMM Winchester, Virginia of
Virginia -North Carolina -Tennessee 540-552-5592
AMENDMENT
Action:
PLANNING COMMISSION: December 20, 2006 - Recommended Approval
BOARD OF SUPERVISORS: January 10, 2007 ❑ APPROVED ❑ DENIED
AN ORDINANCE AMENDING
NO PROFFERS
THE ZONING DISTRICT MAP
REZONING 420-06 OF CIVIL WAR PRESERVATION TRUST
WHEREAS, Rezoning 420-06 of Civil War Preservation Trust, submitted by GreyWolfe, Inc., to
rezone 222.03 acres from RP (Residential Performance) District to RA (Rural Areas) District for
agricultural preservation, was considered. The properties are located on Redbud Road (Route 661), 0.7
miles to the commercial entrance for the Civil War Preservation Trust Park next to Hackwood Farm, in the
Stonewall Magisterial District, and are identified by Property Identification Numbers 54-A-88 and 54-A-
90.
WHEREAS, the Planning Commission held a public hearing on this rezoning on December 20, 2006;
and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on January 10, 2007; 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 222.03 acres from RP (Residential Performance) District to RA (Rural Areas) District for
agricultural preservation, as described by the application and plat submitted.
PDRes 404-07
n
0
This ordinance shall be in effect on the date of adoption.
Passed this 1 Oth day of January, 2007 by the following recorded vote:
Richard C. Shickle, Chairman
Gary Dove
Gene E. Fisher
Philip A. Lemieux
Aye Barbara E. Van Osten
Aye Bill M. Ewing
Aye Charles S. DeHaven, Jr
Aye
A COPY ATTEST
Aye
Aye
Aye
John R. A lv�' Jr. f'`' '--'
Frederick County Administrator
PDRes. #04-07
Printed On 11/1412006 By GREYWOLFE INC fa
a
CURVE TABLE 4
CUR RA S.1 Raper 1 LENCIIf TANGENT CHORD 8£AFlNC DELTA Q Ct 817.05' fb0.56 80.54� 160.3U S 85'19 09 £ 1f'15 JJ Ws1s r 623 623
rvr 9
D e4�rco 178 `/ WSwr
IRS
Qd 697 loci* /
1Pr N J4 3?7 1
,o / 9p
Tap or VYpinb 47 J2 �
0ereloprrwnl 3 �� r
Corporation ?lQ8 97, T
Pan? Or 0 •f rV
08 720 P 179 DF
5;y�11
Selslone 1/3G93
S 34'4) J?• W M_
zLi
�w
y�
O
N
N
j:z `
50_$Ilen.
,
33
3
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-
08 2J4—P 41.3
ro
ro
v' I
IJ
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QJ
cc
a' �O
s
N
LA
W
N 18'26'03" E
a
�^
� I
Sol Slane
821A4'
181,0321 ACRES
TM M-A-08
20, I"CSA
I-IlWoler
Line Esm't
Set Stone
165g ,
S 3B431s51`
set
Ca aal
o/ 08 9e5y �n60o d
P i Y,1
LEGEND:
IPF Iron Pipe Found
IRS Iron Rod Set
IRF Iron Rod Found
NOTES:
1. No title report furnished.
2. Easements other (lien :shown may exist.
3. The Information shown ha,eon is bos9d on
an actual field survey completed June 1989 and
recertified correct this date.
P5,1 Slone
Slocr Marbp
08 75E P 450
Set Slone
,APF
W
wane 0. SCO
Da 392 P 105
I TAB
LINE
DIRECTION
DISTANCE
L I
N 76 32 37 E
280 00'
L2
N 13'2723 IY
1f0.39
L3
N 00'56'56' W
165.34
L4
S 62'1918 E
514.39
L5
S 784918 E
528.00
L6
N 65-32 21 £
9 09 0
L7
5 U3'04 20' E
167.43
78
N 65.45 08 W
815,16'
L9
N 89'03 04 E
32.63'
VIt1GINL - FRBG1:l41c:K OGUNTY, OCT.
i'hl Inrrtumaot ill V11114, wa• P roduotid b/ rilet ! +
and Neth crr!hlr;w a of wZnola J ,
,woo adrnlfMd rn rocard. Tax Irnposod t.y Sisu. CG.1.602 of
rW 6&1.1101 have bean pidd, 0 aa94abablo.
k Vark
Boundaty Survey
of We Land of
TOP OF VIRGINIA DINE- LOPMENT CORPORA'f1ON
PLS I� of Deed Book 720 Page 179
Stonewall Magisterial District
Trederlck Cowity, Virgltila
t LA "C'
G CERTIFICATE N Z DAIS: OCTOBER 25, 1995 Scale 1"=800'
tU 197 D MARSH & JLEGGE Disk � nl
41
LANN Land Surveyors, P.L.C.
D f
SURVEYORrf� ,\ 139 North C'arnera, Street Wlncfrester, Vlrptnls 22601
/f� — (540)667-016d Fat: (5540)667-0169
0000118037
Document Prepared by:
McGui reWbods UP
1750 T;,sons Blvd., Ste. 1800
McLean, VA 22102-4215
DEED OF EASEMENT
s
Exempted from recordation tax
under the Code of Virginia (1950), as amended,
Section 58.1-811 (a)(3), 58.1-811 (D) and 10.1-1803
C
Tax Parcel No. C
54-A-88 (41.0 ac.) C
54 A-90 (181.032 ac.)—
THIS DEED OF EASEMENT is made this YA l day of -�0,0�f&Uc
2000, between the CIVIL WAR PRESERVATION TRUST, a Virgin non -stock
corporation, herein called the Grantor, and the VIRGINIA OUTDOORS
FOUNDATION, an Agency of the COMMONWEALTH OF VIRGINI& herein called
the Grantee, whose address is 203 Governor Street, Suite 317, Richmond, Virginia
23219.
WHEREAS, the Open Space Land Act of 1966 (Chapter 17, Title 10.1, §§10.1-
1700 to 10.1-1705 of the Code of Virginia, as amended) declares that the preservation of
open -space land, including land preserved for historic or scenic purposes, serves a public
purpose by promoting the health and welfare of the citizens of the Commonwealth by
curbing urban sprawl and encouraging more desirable and economical development of
natural resources, and authorizes the use of easements in gross to maintain the character
of open -space land; and
WHEREAS, Chapter 18, Title 10.1 of the Code of Virginia (§§ 10.1-1800 to 10.1-
1804, as amended) declares it to be the public policy of the Commonwealth to encourage
preservation of open -space land and authorizes the Virginia Outdoors Foundation to hold
real property or any -estate or interest therein for the purpose of preserving the natural,
scenic, historical, scientific, open -space and recreational lands of the Commonwealth;
and
WHEREAS, the 1999 Frederick -County Comprehensive Plan sets forth a goal "to
promote the preservation and protection of Civil War Battlefield resources" and 'identifies
the Third Winchester Battlefield as a key site in the County's Battlefield Action Plan, and
further identifies conservation easements as an implementation method for protecting
historic resources; and
WHEREAS, the Grantor is the owner of the fee simple interest of real property,
hereinafter described and known as Third Winchester (Opequon) Battlefield, which
includes a Civil War battlefield that is of historic and archaeological significance as
briefly described below:
Historic Significance
Campaign: Sheridan's Valley Campaign
Principal Commanders: /c/ Lt.Gen. Jubal Early; /u/ Maj.Gen. Philip. Sheridan
Forces Engaged: /c/ about 15,200; /u/ about 39,236
Casualties: /c/ 3,611 (226k/ 1,567w/'1,818 m&c); /u/5,018
(697k/ 3,983w/ 33.8m).
0
The Third Battle of Winchester on September 19, 1864, was the largest and most 3
desperately contested battle of the Civil War in the Shenandoah Valley, resulting in more co
than 9,000 casualties. The battle was a turning point of the war in the Valley, marking the
rise of -Sheridan and the decline of Confederate power. Although Sheridan gained the
victory, Early and enough of his command escaped to.continue posing a threat to
Washington, D.C. Winchester, however, remained -in Federal hands for the rest of the
war. Most of the core of the battlefield is intact.
WHEREAS, some 222.032 acres of Third Winchester Battlefield were acquired
by the Association for the Preservation of Civil War Sites, Inc. ("APCWS"), a non -stock
Virginia Corporation, for the purpose of preserving it as a Civil War battlefield and as an
historic, scenic, and open -space resource for the benefit of the public; and
WHEREAS, APCWS and The Civil War Trust; a non-profit District of Columbia
corporation, were merged in 1999 under the name of the Civil War Preservation Trust as
the surviving Virginia non -stock corporation; and
WHEREAS, the United States Congress and the National Park Service's
American Battlefield Protection Program have designated funds for the preservation and
protection of Third Winchester Battlefield; and have conditioned award of these funds on
the Grantor's donation of a perpetual easement to preserve Third Winchester Battlefield
as a Civil War battlefield and historic, educational, open -space, and recreational resource,
and for the benefit of the visiting public;
NOW THEREFORE, in recognition of the foregoing and in consideration of the
mutual covenants herein and the acceptance by Grantee, the Grantor does hereby grant
and convey to the Grantee an open -space easement in gross over, and the right in
perpetuity to restrict the use of, the reafestate referred to below and located in Stonewall
Magisterial District, Frederick County, Virginia on the east side of Interstate Route 81
and along the south side of Virginia 661, hereinafter referred to as the "Property," and
more particularly described on Schedule A attached. The herein -described two tracts or
parcels are shown as Frederick County Tax Map 54-A-88 (41.0 acres) and Tax Map 54-
A-90 (181.032 acres), among the land records of Frederick County and totalling some
222.032 acres in the aggregate. The Property shall be considered one parcel for the
purposes of this Easement and the restrictions and covenants of the Easement shall apply
to the property as a whole rather than to the individual parcels.
AND SUBJECT, HOWEVER, to the restriction that the Grantee or its successors
and assigns may- not transfer or convey the open -space Easement herein conveyed to the
Grantee unless the Grantee conditions such transfer or conveyance on the requirement
that (1) all restrictions and conservation purposes set forth in the conveyance
accomplished by this deed are to be continued in perpetuity, and (2) the transferee is an
organization then qualifying as an eligible donee as. defined by section 170(h)(3) of the
Internal Revenue Code of 1986, as amended, and the applicable Treasury Regulations
promulgated thereunder.
-2-
This conveyance is further made subject to all matters of record, which may affect
the Property.
Pursuant to the Land and Water Conservation Fund (herein called the L&WCF)
Act of 1965 (16 USC 460L-8(0(2)), the Governor has appointed the Director of the
Department of Conservation and Recreation (hereinafter the Director of DCR) as the
State Liaison Officer (hereinafter the SLO) to represent and act for the state in dealing
with the Director of the National Park Service regarding the L&WCF Program. The
Director of DCR as the SLO is responsible for periodic onsite inspections; for receiving
notice of any pending changes in usage of the Property that may result in a conversion to
other than outdoor recreation uses; for the initial decision pursuant to Section 6(0(3) of
the L&WCF Act (also 16 USC 460L-8(f)(3) and 36 CFR 59.3) that the above -described
Property shall not be converted; and, for recommending a donversion decision and any
related mitigation solution to the United States Secretary of the Interior (hereinafter'the
Secretary). The Secretary shall approve such conversion only if he finds it to be in
accord with the then existing comprehensive statewide outdoor recreation plan and only
upon such conditions as'he deems necessary to assure the substitution of other recreation
properties of at least equal fair market value and of reasonably equivalent usefulness and
location.
Restrictions are hereby imposed on uses of the Property pursuant to the public
policies set forth above. The acts which the Grantor and its successors, personal
representatives and assigns covenant to do and not to do upon the Property, and the
restrictions which the Grantee is hereby entitled to enforce, are and shall be as follows:
Accumulation of trash or refuse is not permitted on the Property.
2. No billboards (i.e. signs for whose display compensation is paid) are permitted on
the Property. No sign on the Property shall be larger than nine square feet in size, except
such as may by permitted under Paragraph 7 herein for purposes of interpreting the
Property as a Civil War battlefield, or required pursuant to the federal grant described
above. Signs exceeding nine square feet in size must have written approval by the
Grantee.
Division of the Property in any manner is prohibited.
4. Management of forest resources shall be in accord with a forest stewardship plan
approved by the Grantee. All forestry activities shall be carried out so as to preserve the
environmental and scenic quality of the area. Best Management Practices, as defined by
the Department of Forestry, shall be used to control erosion and protect water quality.
The Grantor, or its successors or assigns, shall notify the Grantee no later than 30 days
prior to the start of any material forest activity as well as within 7 days of its completion.
The primary goals of the forest stewardship plan shall include the restoration and
maintenance of the historic tree cover related- to the battlefield.
I.
-3-
8
5. Grading, blasting or earth removal shall not materially alter the topography of the
Property except as required in construction of permitted buildings, structures or amenities
connecting private roads, and utilities described in paragraph 7 below. Mining on the
Property is prohibited.
6. Archaeologically significant deposits, sites, or features on the Property shall not
be intentionally disturbed or excavated'except by or under the supervision of a
professionally qualified archaeologist and provided plans -for such archaeological activity
have been submitted to, and approved by the Virginia Board of Historic Resources or its
successor organization prior to any ground -disturbing activities. Artifacts and objects of
antiquity professionally*excavated from archaeological deposits, sites, or features on the
Easement Property shall be treated and .preserved according to the Department of Historic
Resources State Curation Standards (March 24, 1998). The Grantor shall take all
reasonable precautions to protect archaeological deposits, sites, or features on the
Easement Property from looting, vandalism, erosion, mutilation, or destruction from any
cause.
7. -No building, structure, or amenity shall be built or maintained on the Property
other than (i) buildings or structures existing on the Property as of the date of this
Easement; (ii) buildings, structures, and amenities such as a visitor center, parking
facilities, footpaths, roads and utilities that serve permitted buildings or structures, and
signage appropriate for the preservation, maintenance, exhibition, and interpretation of
the Property as a Civil War battlefield; and (iii) reconstructions, at their former -sites, of
historic buildings or.structures which are documented through professional historical or
archaeological. investigation to have been located on the Property. No new building,
structure, or amenity shall be constructed on the Property without the prior written
approval of the Grantee, provided, however, that the Grantee shall not issue such
approval without the concurrence of the Virginia Board of Historic Resources or its
successor organization.
8. No house or structure shall be demolished or removed from the Property, nor shall
they be altered, restored, renovated, or extended except in a way that would. be in keeping
with the historic and scenic character of the Property, and provided that the prior written
approval of the Grantee shall have been obtained. The Grantee shall not issue such
approval without the concurrence of the Virginia Board of Historic Resources or its
successor organization.
9. Development of the Property shall be limited to preservation and interpretation of
the historic battlefield and accommodation of the public through visitor facilities and
other amenities permitted under Paragraph 7. It is the intent of the parties hereto that the
Property shall be used as a historic, educational, open -space, and recreational resource for
the benefit of the public.
10. Representatives of the Grantee may enter the Property from time to time for the
purpose of inspection and enforcement of the terms of this Easement after permission
from or reasonable notice to the owner or the.owner's representative. .
-. 4 -
O
O
11. Grantor, or its successors, personal representatives or assigns shall notify Grantee ---
in writing within 60 days of any transfer or sale of the Property. In any deed conveying
all or any part of the Property, this -Easement shall be referenced by Deed Book and Page
Number in the deed of conveyance.
12. Grantor hereby grants to the Grantee the right to enforce the conservation
restrictions contained herein pursuant to applicable, state law but specifically including
the right to require restoration of the Property to its present condition.
13. The Grantor agrees to comply with Title VI of the Civil Rights Act of 1964 (42
USC 2000 (d)), the Americans with Disabilities Act (42 USC 12204), and with Section
504 of the Rehabilitation Act of 1973 (29 USC 794). These laws prohibit discrimination
on the basis of race, religion, national origin, 'or disability. In implementing public
assess, reasonable accommodation to qualified disabled persons shall be made in
consultation with the. Commission.
It is understood and agreed by the parties hereto that if any part, term, or
provision of this agreement is held to be illegal by the courts, the validity of the
remaining portions or provisions shall not be affected, and the rights and obligations of
the parties shall be construed and enforced as if the contract did not contain the particular
part, term, or provision held to be invalid.
Acceptance of this conveyance by the Grantee is authorized by Section 10.1-1801
'} .of the Code of Virginia and is evidenced by the signature of its Executive .Director hereto.
Assignment of this Easement is governed by Section 10.1-1801 of the Code of Virginia.
The Director of the Virginia Department of Conservation and Recreation has
consented to this Deed of Easement and hereby acknowledges that the terms and
conditions set forth are consistent with the'Department of Conservation and Recreation's
statutory powers and duties pursuant to Title 10.2, Subtitle I.of the Code of Virginia, and
with the Director's responsibilities as the State Liaison Officer under the Land and Water
Conservation Fund Act of 1965 (16 USC 460L-8(f)(2)).
The Virginia Board of Historic Resources has consented to this Deed of Easement
and hereby acknowledges that the terms and conditions set forth herein are consistent
with its statutory powers and duties under Chapter 22, Title 10.1 of the Code of Virginia.
WITNESS the following signatures and seals:
CIVIL WAR PRESERVATION TRUST, Grantor
By (SEAL)
Ja es Lig de
Accepted:
VIRGINIA OUTDOORS FOUNDATION
B AL)
:- Tamara A. Vance, Executive Director
VIRGINIA DEPARTMENT OF
CONSERVATION AND RECREATION
By (SEAL)
David C. Brickle
Director, Virginia Department of
Conservation and Recreation
Date: O
VIRGINIA BOARD OF HISTORIC RESOURCES
By (SEAL)
AlexandErWise, Jr.
irector, Department of Historic Resources
Date: dv
-6-
0
C)
N
COMMONWEAL
CITY/COUNTY
O
O
T YIP-GINIA ) w
`Y � � � to wit
I, a Notary Public for the Commonwealth
aforesaid, hereby certi at Coames Lighthizer, President of the Civil War,
Preservation Trust, Grantor, personally appeared before me this day and acknowledged, ,
the foregoing instrument..
WITNESS my hand and official seal this / � day of 00v
Not Public ��.,,;,.�•''
My Commission expires:
COMMONWEALTH OF VIRGINIA
to wit
CITY/C-6 `OF Bl"*s bur4 - )
I, �i1 �, Ctt�s/�a�n� , a Notary Public for the Commonwealth
aforesaid, hereby certify that Tamara A. Vance, Executive Director of the Virginia
Outdoors Foundation, personally appeared before me this day and acknowledged the
foregoing instrument.
WITNESS my hand and official seal this 11 day of "Iy ,• ��� ` ��`;
Notary Public,N;{.
My Commission expires:
fl! .
\\TYS\5329\545I\Civil War Preservation Trust\Third Winchester\DEED OF EASEMENT- FINAL - 8-24-00.doc
-7-
SC1jEDLrLE A ... ..
PROPERTY DESCRIPTION
C)
File vo:: ST95808916 . Policy No.: SV Z188134 d
The land referred to in this policy is described as follows:
PARCEL ONE:
ALL of that certain tract or parcel of land located about one mile north of Winchester, on the east side of Interstate 1
81, and situated in Stonewall Magisterial District. Frederick County, Virginia. containing 41.00 acres. more'or less
being more particularly described on the plat and survey of Richard U. Goode. C.L.S.. dated February 8.1963, of re
in the Clerk's Office of the Circuit Court of Frederick County, Va. in Deed Book 236 at page 32.
PARCEL TWO:
ALL of that certain tract or parcel of land lying and being situated along the south side of Virginia Route 661, in Ston
Magisterial District, Frederick County, Virginia, containing 181.032 acres. more or less. together with a 6d
appurtenant right of way for ingress and egress: and being the same land conveyed_to Top of Vir; nia.Develop
Corporation, Inc by deed dated July 11,1989 from Redbud Associates, of record in the afoiresaid Clerk's Office in
Book. 720 at page 179 et seq., such parcel being further described on that. certain plat dated October 25,1995, en
"Boundary Survey of the land of Top of Virginia Development Corporation, Deed Book 720, page 179, Ston
1NIagisterial District, Frederick County, Virginia,", which plat is attached hereto as Exhibit A.
BOTH PARCELS ONE AND TWO BELVG the same real estate conveyed to Association. for the Preservation of
War Sites, Inc., a Virginia corporation, by Deed of Assumption from Top of Virginia Development Corporation, I
Virginia corporation, dated November 2, 1995, recorded November 16, 1995, in the Clerk's Office, Circuit C
Frederick County, Virginia, in Deed Book 849, page 173.
VIRGINIA: FREDERICK COUNTY, SCE.instrument of writing was produced to me on
o7rov at
and with certificate of actmowledgenent thereto annexed
was admitted to record. Tax imposed by Sec. 58.1-802 of
S y , and 58.1-801 have been paid, if assessable
Clerk
O
ALTA
Schedule A
Printed On 11/142006 By GREYWOLFE INC
•
•
CURVE TABJ,E L
CURVE RADIUS LENCWT TANGENT CN_gtD_ BEA—RNC DELTA
80.5a.a5i r623
' CI 817.05 160.56 4 160.J0rS 85'I909 E !I'IS JJ rests r a1s
Pr
oxe4�rco i 1s = 9�
ws
101ha` as is,
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yd9x os2J, 1S
1511PrrFA,
ad oi.OB 720 I IPF
U P�' 5
IRS
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a1 lot
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Sit step.
811.04'
slxr IIel6P tINF TABLE
181 M21 ACRES °a rsa
TM 54-A-W sa S1-
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Woler L61e Esm't
fa stem 7659 PF
�4j�6•� �.
5.1 slay. 9161 w.Pu a S."
oI , O eB 392 P 105
as ?Pa+P%A h
/ry to
LINE
I DIRECTION
I DISTANCE
L 1
I N 76J2 J7 E
1 280 00'
1.2
N I3'2723W
210.39
LJ
N 00'56'56 W
165.J4
L4
S 6279IS E
514.J9
5
S 784918 E
528.00
!6
N 655227 E
99.00
L7
5 OJ'0420• E
167.4J
L6
N 65'4608 W
815.16'
L9
N 89'OJ 04 E
32.6J'
AND:
VIRGINOL FRIZOMCM OGUNT/, OCT,
IPF Iran Pipe Found
'1'hl Im.Irumeit Qjj will" was ludvood A/ mit Putr�/,/,
�/
IRS Iron Rod Sol
:urn
' "!
IRS Iron Rod Found
and_rwE—lh crr:liillccaPa of a:f:imModpmvM Ili .r.;tv nanoxl d ,
,mo AdrnKwd r, record. Tax impoaw by But;. 05.1.6u2 of
"-14—d 68.1-001 Iwo Wan pidd, 1 oaoaot�ablo.
NOTES:
'10
i' �
I. No Utle report furnish:d.
C:ad
2. Easements other lh:,n shown may exist.
J. Tito Information shown ha;wi Is based on
Boundary Survey
an actual field survey completed June 1989 and
of fire Land of
recertified correct this dale.
TOP Or VIRGIMA D t , LOPMENT CORPORATION
LT H 4F
Deed Book 720 Page 179
Stonewall MaglsterW District
Rederlck County, VirgLila
= s LA
d CERTIFICATE N , DAIE: OCTOBER 25. 1995
Scale: 1"=B00'
U 197 D
/9S
PLAT B. WD. CALEB.D
MARSH & LEGGE Dlsk - 41
LAND j
Land Surveyors, P.L.C.
SURVEYOR 139 North Clmerolr SOW WlofiWer,VlFgUU 22GOI
`
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0401667M611 Far:0009M, -- --
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rr e
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so
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'
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Par
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l 0.
jr
4.
P
;inia
Vey
lelieid Site II BY: USGS
is Scale: 1:24.000
SITE TOPOGRAPHIC MAP
Stephenson Quadrangle, Virginia - West Vir
United States Geological Survey
Map Dated 1966
Photorevised 1987
Contour Interval 10 Feet
Association for the Presen•ation of Civil
War Sites, Inc.
I 1 Public Square, Suite 200
Hagerstown MD 21740
Third Winchester Civil War Battlefield Si
Frederick County, Virginia
some 286 PAGE 32
5\
S(y(T
z'
Sss•s�� H
50"f
i a,
`
'p
LOC ART
STAKE To
=
BARNHILL
N
e
� m
-A 41.0 AC.
i
t \
1
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GRID NORTH
3
x
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I
500 300 100 4 250 Soo I a _ . 53 7. 01_ _ a � /; n e
i �%Ri—' i�rlt i�:_ 3 -- � N68 e4'30 W/ 2 -- - —
SCALE IN FEET
PLACE
� I
"hn shove tract of land, located shout 1 mile North of Winchester, on the East, eiien of
Interstate wuutd Pl, an,; situutc !n St., nnwaTl Nnfinterell illetrict, Frederick county,
Cir-iris, is bounded ae follows:
Ae;,_rninr -1+. (1) an irLn ceg is n ferce owner, a corner to ftrhes in T1r. SmithIm lino
'hence with Aathem S 34 dog. 57 min. 00 3e,-. W 1452.1 feat to (2) a meta2 post in a
!'-gin^o corner, a corner tr Place in hWhes' line., thence with Place W 4.. deP. 44 min.
30 sec. W 537.0 feet tc (3) a stake it the Met rifht-cf-vay line of Interstato
"cute '1, thence with a curve to the left,and with the East rivht-of-way lino of
Interstate rtoute el, the sub-ohord besrin( aed di.etence beint r 3 dt:r. 4" min. 01'
sec. W 1131.'t feat tc (4) a stake., thence still with tha East ri ht-cf-wny line of
Interstate "cute 81 v 2 dop. 19 sin. 22 cee. W 910�.26 feet. to (5� nn ir,r net in
'Na South line rf 'hr lard of ')r. Smith., thence with Pr. Smith S 55 dep. 57 mir..
50 sec. E lP5P..77 feet to the point of Loginniry , ecntelrirt• Ll.' A•r--r- -:ore er
les-. p n n
Ri-h _rd U.
rert.lfic!n SurvQyt r,
FoLruar, Y . 1143.
VIRGINIA FREDERICK COUNTY, SCT,
it nt• of 160 ws� produced to me on "4& 11 * day oAG.W.#W.Wd
of ,and with aAifk • led med was
b r•cpd, t
0 0
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
FAX: 540/665-6395
NOTIFICATION OF PUBLIC HEARING
December 27, 2006
TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S)
RE: REZONING APPLICATION #20-06 FOR CIVIL WAR PRESERVATION TRUST
On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing
being held on Wednesday, January 10, 2007, at 7:15 p.m., in the Board Room of the Frederick
County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the
following application:
Rezoning #20-06 for the Civil War Preservation Trust, submitted by GreyWolfe, Inc., to rezone
222.03 acres from RP (Residential Performance) District to RA (Rural Areas) District for agricultural
preservation. The properties are located on Redbud Road (Route 661), 0.7 miles to the commercial
entrance for the Civil War Preservation Trust Park next to Hackwood Farm, in the Stonewall
Magisterial District, and are identified by Property Identification Numbers 54-A-88 and 54-A-90.
Any interested parties having questions or wishing to speak may attend this public hearing. A copy of
the application will be available for review at the Handley Library and the Bowman Library the week of
the meeting, or at the Department of Planning and Development located at 107 North Kent Street in
Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at:
www.co.frederick.va.us.
Sincerely,
kevin T. Henry/
Planning Tecluiician
KTH/bad
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
E
This is o certify that the attached correspondence was mailed to the following on
-14z 0 1p from the Department of Planning and Development, Frederick
County, Virginia:
55 • A- - 3-
54 - A• - 88- HUNTSBERRY, CHARLES WILLIAM
ASSOCIATION FOR THE PRESERVATION
OF CIVIL WAR SITES gi PO BOX2298
305 CHARLOTTE ST �t WINCHESTER, VA. 22604• i 198
FREDERICKSBURG, VA 22401 5909 �
HERRING, KEVIN L
GreyWolfe, Inc.
1073 Redbud Rd.
Winchester, VA 22603 �QQIt
54 - A- - 89-C
SHENANDOAH VALLEY BATTLEFIELDS
FOUNDATION
PO BOX 897
NEW MARKET, VA 22844
962 REDBUD RD
WINCHESTER, VA 22603.4740
55-A- - 21-
SEIPEL, WAYNE D & STEPHANIE P
TRUSTEES
271 MORGAN MILL RD
WINCHESTER, VA 22603.4049
55 - A- - 22-
43 - A- - 157-
FREDERICK COUNTY SCHOOL BOARD
MCBRIDE, RUTH B
1415 AMHERST ST
506 REDBUD RD
WINCHESTER, VA 22601.3009
WINCHESTER, VA 22603.4736
54 - A- - 99-F
43 - A- - 159-
DEVELOPMENT COMPANY OF AMERICA, LLP
R & J LAND DEVELOPMENT, LLC
PO BOX 520
1631 REDBUD RD
WESTMINSTER, MD 21158.0520
WINCHESTER, VA 22603.4763
43 - A- - 159-A
KIRBY, JANICE MARIE
541 REDBUD RD
WINCHESTER, VA 22603-4752
Kevin T. Henry, Pl ing Technician
Frederick County Planning Dept.
STATE OF VIRGINIA
COUNTY OF FREDERICcK�
I, 1 "l a A� � C �_e� (mot , a Notary Public in and for the State and County
aforesaid, do hereby certify that Kevin T. Henry, Planning Technician for the Department of
Planiling and Development, whose name is signed to the foregoing, dated
/ 06 , has personally appeared before me and acknowledged the same in my
State anA County aforesaid.
Given under my hand this day of �" '�) UU (P
My commission expires on D-v r�C� �/ C-)U 0
�c. � a z--,
NOTARY PUBLIC
54 -A- - 91-
ARCADIA MOBILE PARK, INC.
1345 BAKER LN
WINCHESTER, VA. 22603-5705
54 - A- - 89-B
LOCKHART, ROBERT STEPHEN
1441 BAKER LN
WINCHESTER, VA. 22603.5708
55 - A- - 27-
HIDDEN VALLEY SPE, LLC
CIO HOMETOWN AMERICA, LLC
150 N WACKER DR STE 2800
CHICAGO, IL 60606
55E - 1- - 72-C
REGENCY HEIGHTS PROPERTY
8700 ASHWOOD DR
CAPITOL. HEIGHTS, MD 20743.3727
55E - 1- - 30-
FLANAGAN, MARIE L
104 WINNEPEG PL
WINCHESTER, VA 22603.4888
55E - 1- - 31-
MIZERAK, DOROTHY M
102 WINNEPEG PL
WINCHESTER, VA 22603.4888
55E - 1- - 33-
HAMMOND, TROY R & RANI M
CIO MAUL, EDNA H
144 LAMBDEN AVE
WINCHESTER, VA 22601.3158
55E - 1- - 34-
SCOTT, ROBERT M
205 LAKE SEVER DR
WINCHESTER, VA 22603.4841
55E - 1- - 35-
RINARD, TAMMY A
207 LAKE SEVER DR
WINCHESTER, VA 22603.4841
55E - 1- - 36-
SINE, VICTORIA L
209 LAKE SEVER DR
WINCHESTER, VA 22603.4841
55E - 1- - 37-
BOHNENKAMP, SHERRY L
211 LAKE SEVER DR
WINCHESTER, VA 22603.4841
55E - 1- - 38-
WHIRLEY, CHARLES H.
213 LAKE SEVER DR
WINCHESTER, VA. 22603-4841
55E -1039-MARTHOMAS N.
215 LAKE SEVER DR
WINCHESTER, VA. 22603-4841
55E - 1- - 41-
DENNIS, ROBERT A & SANDRA A
103 GREAT POND WAY
WINCHESTER, VA 22603.4836
55E - 1- - 42-
SHANNON, MICHAEL E & MICHEEE D
105 GREAT POND WAY
WINCHESTER, VA 22603.4835
55E - 1- - 43-
MORTON, RAYMOND H JR
CIO RAYMOND H MORTON, JR
106 GREAT POND WAY
WINCHESTER, VA 22603.4836
City of Winchester
Tim Youmans, Planning Director
Rouss City Hall
Winchester, VA 22601
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/ 665-6395
NOTIFICATION OF PUBLIC HEARING
December 8, 2006
TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S)
RE: REZONING APPLICATION 420-06 FOR CIVIL WAR PRESERVATION TRUST
On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing
being held on Wednesday, December 20, 2006, at 7:00 p.m., in the Board Room of the Frederick
County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the
following application:
Rezoning 920-06 for the Civil War Preservation Trust, submitted by GreyWolfe, Inc., to rezone
222.03 acres from RP (Residential Performance) District to RA (Rural Areas) District for agricultural
preservation. The properties are located on Redbud Road (Route 661), 0.7 miles to the commercial
entrance for the Civil War Preservation Trust Park next to Hackwood Farm, in the Stonewall
Magisterial District, and are identified by Property Identification Numbers 54-A-88 and 54-A-90.
Any interested parties having questions or wishing to speak may attend this public hearing. A copy of
the application will be available for review at the Handley Library and the Bowman Library the week of
the meeting, or at the Department of Planning and Development located at 107 North Kent Street in
Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at:
www.co.frederick.va.us.
Sincerely,
Kevin T. Heim
Planning Technician
KTH/bad
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
0 0
This is to certify that thp attached correspondence was mailed to the following on
o� D� from the Department of Planning and Development, Frederick
County, Virginia:
54 - A- - 88-
ASSOCIATION FOR THE PRESERVATION
OF CIVIL WAR SITES
305 CHARLOTTE ST FREDERICKSBURG, VA 22401.5909 OU)P�
GreyWolfe, Inc.
1073 Redbud Rd.
Winchester, VA 22603
54 - A- - 89-C
SHFNANDOAH VALLEY BATTLEFIELDS
:OUNDATION
PO ZOX 897
NEW MAI KET, VA 22844
43 - A- - 157-
MCBRIDE, RUTH B
506 REDBUD RD
WINCHESTER, VA 22603.4736
43 - A- - 159-
R & J LAND DEVELOPMENT, LLC
43 - A- - 159-A
KIRBY, JANICE MARIE
541 REDBUD RD
WINCHESTER, VA 22603.4752
55 - A- - 3-
HUNTSBERRY, CHARLES WILLIAM
PO BOX 2298
WINCHESTER, VA. 22604-1498
55 - A- - 5-
HERRING, KEVIN L
962 REDBUD RD
WINCHESTER, VA 22603.4740
55 -A- - 21-
SEIPEL, WAYNE D & STEPHANIE P
TRUSTEES
271 MORGAN MILL RD
WINCHESTER, VA 22603.4849
55 - A- - 22-
FREDERICK COUNTY SCHOOL BOARD
1415 AMHERST ST
WINCHESTER, VA 22601-3009
1631 REDBUD RD
WINCHESTER, VA 22603.4763 z�
Kevin T. Henry, anling Technician
Frederick County Planning Dept.
STATE OF VIRGINIA
COUNTY OF FREDERICK
I,L a Notary Public in and for the State and County
aforesai do f ereby certify thaw Kevin T. Henry, Planning Technician for the Department of
Pl
ni g nd Development, whose name is signed to the foregoing, dated
D ( , has personally appeared before me and acknowledged the same in my
State hnd County aforesaid.
Given under my hand this ";r day of &rrv�&4A
My commission expires on
_r
NOTARY PdfiLIC
54 - A- - 99-F
DEVELOPMENT COMPANY OF tRICA, LLP
PO BOX 520
WESTMINSTER, MD 21158-0520
54 - A- - 91-
ARCADIA MOBILE PARK, INC.
1345 BAKER LN
WINCHESTER, VA. 22603.5705
54 - A- - 89-B
LOCKHART, ROBERT STEPHEN
1441 BAKER LN
WINCHESTER, VA. 22603-5708
55 - A- - 27.
HIDDEN VALLEY SPE, LLC
CIO HOMETOWN AMERICA, LLC
150 N WACKER DR STE 2800
CHICAGO, IL 60606
55E - 1- - 72-C
REGENCY HEIGHTS PROPERTY
8700 ASHWOOD DR
CAPITOL HEIGHTS, MD 20743.3727
55E - 1- - 30.
FLANAGAN, MARIE L
104 WINNEPEG PL
WINCHESTER, VA 22603.4888
55E-1--31.
MIZERAK, DOROTHY M
102 WINNEPEG PL
WINCHESTER, VA 22603- ,888
55E - 1- - 33-
HAMMOND, TROY R & RANI M
CIO MAUL, EDNA H
144 LAMBDEN AVE
WINCHESTER, VA 22601.3158
55E - 1- - 34.
SCOTT, ROBERT M
205 LAKE SEVER DR
WINCHESTER, VA 22603.4841
55E - 1- - 35-
RINARD, TAMMY A
207 LAKE SEVER DR
WINCHESTER, VA 22603-4841
55E - 1- - 36-
SINE, VICTORIA L
209 LAKE SEVER DR
WINCHESTER, VA 22603.4841
55E 9 37-
BOHNENKAMP, SHERRY L
211 LAKE SEVER DR
WINCHESTER, VA 22603.4841
55E - 1- - 38-
WHIRLEY, CHARLES H.
213 LAKE SEVER DR
WINCHESTER, VA. 22603.4841
55E - 1- - 39-
MARTIN, THOMAS N
215 LAKE SEVER DR
WINCHESTER, VA. 22603.4841
55E-1--41.
DENNIS, ROBERT A & SANDRA A
103 GREAT POND WAY
WINCHESTER, VA
22603.4836
55E - 1- - 42.
SHANNON, MICHAEL E & MICHELE D
105 GREAT POND WAY
WINCHESTER, VA 22603.4836
55E-1--43.
MORTON, RAYMOND H JR
CIO RAYMONu H MORTON, JR
106 GREAT POND WAY
WINCHESTER, VA 22603.4836
City of Winchester
Tim Youmans, Planning Director
Rouss City Hall
Winchester, VA 22601
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Adjoining Property Owners
Rezoning
TO:BARBARA-DATA PROCESSING
FROM:BEV - PI nning Dept.
Please prin sets of labels_ by
THANKS!
Owners of property adjoining the land will be notified of the Planning Commission and the Board of
Supervisors meetings. For the purpose of this application, adjoining property is any property
abutting the requested property on the side or rear or any property directly across a public
right-of-way, a private right-of-way, or a watercourse from the requested property. The
applicant is required to obtain the following information on each adjoining property including the
parcel identification number which may be obtained from the office of the Commissioner of
Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County
Administrative Building, 107 North Kent Street.
Name and Property Identification Number
Address
Name Shehandoah Valley Battlefields
PO Box 897
New Market, VA 22844
Property # 54-(A)-89C
Name Ruth B. McBride
506 Redbud Road
Winchester, VA 22603
Property #-(A)-157
Name R & J Land Development, LLC
1631 Redbud Road
Winchester, VA 22603
Property # W-(A)-159 l/
Name Janice Marie Kirby
541 Redbud Road
Winchester, VA 22603
14
rty Prope#-(A)-159A ✓
Name Charles W. Huntsberry Estate
PO Box 2298
Winchester, VA 22604
Property # 55-(A); 3/& 4
Name Kevin L. Herring
962 Redbud Road
Winchester, VA 22603
Property # 55-(A)-5 , '
Name Wayne D. & Stephanie P. Seipel
271 Morgan Mill Road
Winchester, VA 22603
Property # 55-(A)_21 ✓"
Name Frederick County School Board
1415 Amherst Street
Winchester, VA 22601
Property # 55-(A)-22 -
Name Development Company of America
PO Box 520
Westminster, MD 21158
Property # 54-(A)-99F
Name and Property Identification Number
Address
Name Hidden Valley SPE, LLC
150 North Wacker Drive STE
Chicago, IL 60606
Property # 55-(A)-27
Name Regency Heights Property
8700 Ashwood Drive
Capitol Heights, MD 20743
Property # 55E-(1)-72C
Name Marie L. Flanagan
104 Winnepeg Place
Winchester, VA 22603
Property # 55E-(1)-30
Name Dorothy M. Mizerak
102 Winnepeg Place
Winchester, VA 22603
Property # 55E-(1)-31 /
Name Troy R. & Rani M. Hammond
203-Lake-Sedcr-0rive- I 4 Lam &r)
Winchester, VA 22601
Property # 55E-(1)-33
Name Robert M. Scott
205 Lake Sever Drive
Winchester, VA 22603
Property # 55E-(1)-34
Name Tammy A. Rinard
207 Lake Sever Drive
Winchester, VA 22603
Property # 55E-(1)-35
Name Victoria L. Sine
209 Lake Sever Drive
Winchester, VA 22603
�
Property # 55E-(1)-36
Name Sherry L. Bohnenkamp
211 Lake Sever Drive
Winchester, VA 22603
Property # 55E-(1)-37 '
Name Charles H. Whirley
213 Lake Sever Drive
Winchester, VA 22603
Property # 55E-(1)-38
Name Thomas N. Martin
215 Lake Sever Drive
Winchester, VA 22603
Property # 55E-(1)-39 /
Name Robert A. & Sandra A. Dennis
103 Great Pond Way
Winchester, VA 22603
Property # 55E-(1)-41
Name Michael E. & Michelle D. Shannon
105 Great Pond Way
Winchester, VA 22603
/
Property # 55E-(1)-42
Name Raymond H. Morton, Jr
106 Great Pond Way
Winchester, VA 22603
Property#
55E-(1)-43
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Adjoining Property Owners
Rezoning
F- 1,� [L. -0, (1111b� �-"
TO:BARBARA-DATA PROCESSING
FROM: BEV - PI nning Dept.
Please p in sets of lab by
HANKS!
Owners of property adjoining the land will be notified of the Planning Commission and the Board of
Supervisors meetings. For the purpose of this application, adjoining property is any property
abutting the requested property on the side or rear or any property directly across a public
right-of-way, a private right-of-way, or a watercourse from the requested property. The
applicant is required to obtain the following information on each adjoining property including the
parcel identification number which may be obtained from the office of the Commissioner of
Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County
Administrative Building, 107 North Kent Street.
Name and Property Identification Number
Address
Name Shehandoah Valley Battlefields
PO Box 897
New Market, VA 22844
Property # 54-(A)-89C
Name Ruth B. McBride
506 Redbud Road
Winchester, VA 22603
Property # -(A)-157
Name R & J Land Development, LLC
1631 Redbud Road
Winchester, VA 22603
Property # 54-(A)-159
Name Janice Marie Kirby
541 Redbud Road
Winchester, VA 22603
Property #-(A)-159A
Name Charles W. Huntsberry Estate
PO Box 2298
Winchester, VA 22604
Properly # 55-(A)-3 & 4
Name Kevin L. Herring
962 Redbud Road
Winchester, VA 22603
Property # 55-(A)-5
Name Wayne D. & Stephanie P. Seipel
271 Morgan Mill Road
Winchester, VA 22603
Property # 55-(A)_21
Name Frederick County School Board
1415 Amherst Street
Winchester, VA 22601
Property # 55-(A)-22
Name Development Company of America
PO Box 520
Westminster, MD 21158
Property # 54-(A)-99F
��t
Name and Property Identifiication Number
Address
Name Hidden Valley SPE, LLC
150 North Wacker Drive STE
Chicago, IL 60606
Property # 55-(A)-27
Name Regency Heights Property
8700 Ashwood Drive
Capitol Heights, MD 20743
Property# 55E-(1)-72C
Name Marie L. Flanagan
104 Winnepeg Place
Winchester, VA 22603
Property # 55E-(1)-30
Name Dorothy M. Mizerak
102 Winnepeg Place
Winchester, VA 22603
Property # 55E-(1)-31
Name Troy R. & Rani M. Hammond
` !I
1 �� Lam er) .
Winchester, VA 2260)
Property# 55E-(1)-33
Name Robert M. Scott
205 Lake Sever Drive
Winchester, VA 22603
Property # 55E-(1)-34
Name Tammy A. Rinard
207 Lake Sever Drive
Winchester, VA 22603
Property # 55E-(1)-35
Name Victoria L. Sine
209 Lake Sever Drive
Winchester, VA 22603
Property# 55E-(1)-36
Name Sherry L. Bohnenkamp
211 Lake Sever Drive
Winchester, VA 22603
Property # 55E-(1)-37
Name Charles H. Whirley
213 Lake Sever Drive
Winchester, VA 22603
Property # 55E-(1)-38
Name Thomas N. Martin
215 Lake Sever Drive
Winchester, VA 22603
Property # 55E-(1)-39
Name Robert A. & Sandra A. Dennis
103 Great Pond Way
Winchester, VA 22603
Property # 55E-(1)-41
Name Michael E. & Michelle D. Shannon
105 Great Pond Way
Winchester, VA 22603
Property # 55E-(1)-42
Name Raymond H. Morton, Jr
106 Great Pond Way
Winchester, VA 22603
Properly # 55E-(1)-43
16
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DEPT. OF GEOGRAPHIC INFORMATION SYSTEMS
FREDERI COUNTY, V_ERG \„1
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GIS, MAPPING, GRAPHICS
WORK QUEST
S
DATE RECEIVED:
REQUESTED COMPLETION DATE:
REQUESTING AGENT:
Department, Agency, or Company: -
Mailing and/or Billing Address:
Telephone:
E-mail Address:
ESTIMATED COST OF PROJECT:
DESCRIPTION OF REQUEST: (Write
Ccv-8fe- 0-v iq-,zs
DIGITAL: PAPER
SIZES:
COLOR: BLACK/WHITE:
STAFF MEMBER
COMPLETION DATE:
MATERIALS:
DATE OF PICK-U-P/DELIVERY:
AMOUNT DUE:
AMOUNT BILLED:
METHOD OF PAYMENT:
FAX:
�m�informatio�ron
�'��e�1'v
CIVIL 104FEFe V19- 7-1awr )
E-MA L:
NUMBER OF COPIES:
HOURS REQUIRED:
AMOUNT PAID:
CHECK NO.#
Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-5651)