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011-08 Willow Run - 359.94 Acres R4-R4 modif.proffer - Shawnee - Backfile
DATE U qq _ NO. 0671 RECEIVED FROM�� (�� r,,,��� ADDRESS ^�.,' tS�1�� V DOLLARS ❑FOR RENT i ❑ FOR %\ t 1 /Yl + V✓1.,_ d — BY 7A.T 71AI. CASH CHECK . BALANCE MONEY DUE ORDER 4 - 0 REZONING TRACKING SHEET Check List: Application Form Fee & Sign Deposit Proffer Statement Deedy Impact Analysis Plat/Survey Adjoiner List i/ Taxes Paid Statement ci / J ( LDs�� File opened j I O Reference manual updated/number assigned D-base updated Copy of adjoiner list given to staff member for verification Color location maps ordered from Mapping () I Application Action Summary updated ACTION: Planning Commission Meeting (L Board of Supervisors Meeting ACTION: f� Signed copy of Resolution received from County Administrator and placed in Proffers Notebook together with proffers Approval (or denial) letter mailed to applicant/copy to file and cc's 01 b Reference manual updated () D-base updated Application Action Summary updated a U File given to Mapping to update zoning map Zoning map amended Sys ID # I 0 33 r� ICK 1ri�� COgy�10 'lEh[Z Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 February 12, 2009 Mr. Evan Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 RE: REZONING 411-08, WILLOW RUN PINS 53-A-90, 53-A-91, 53-A-92, 53-A-92A, 53-A-92B, 53-A-94, 53-3-A and 63-A-2A Dear Evan: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting of Januaryy 14, 2009. The above -referenced application was approved to revise the proffers associated with Rezoning #21-06, which resulted in the rezoning of 359.97 acres to R4 (Residential Planned Community) District for commnercial land uses and up to 1,390 residential units. The proffer revisions propose modifications to the transportation program previously approved by the County. The proffer statement, dated September 1, 2005, with final revision date of January 14, 2009, that was approved as a part of this rezoning application is unique to the above referenced properties and is binding regardless of ownership. Enclosed is a copy of the adopted proffer statement for your records. Please do not hesitate to contact this office if you have any questions regarding the approval of this rezoning application. Sincerely, Michael T. Ruddy Deputy Planning Director MTR/bad Attachment cc: Gene Fisher, Shawnee Magisterial District Supervisor Lawrence Ambrogi and H. Paige Manuel, Shawnee Magisterial District Commissioners Jane Anderson, Real Estate Commissioner of Revenue 740 LLC, PO Box 87, Winchester, VA 22604 Greystone Properties, LLC, 13 S. Loudoun St., Winchester, VA 22601 Willow Grove LC, 720 S. Braddock St., Winchester, VA 22601 Willow Run, LLC, 8401 Greensboro Dr., Ste. 300, McLean, VA 22102 750 LLC, 750 Merrimans Lane, Winchester, VA 22601 107 North Kent Street, Suite 202 a Winchester, Virginia 22601-5000 0 a REZONING APPLICATION #11-08 WILLOW RUN Staff Report for the Board of Supervisors Prepared: January 5, 2009 Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director This is a request to revise the proffers associated with Rezoning #21-06, which resulted in the rezoning of 359.97 acres to R4 (Residential Planned Community) District with proffers, for commercial land uses and up to 1,390 residential units. The proffer revisions generally propose modifications to the transportation program previously approved by the County. Summary of the current rezonin14 request. A major component of the original rezoning request for this property, Rezoning #21-06 was the proffer to fully fiord and construct the new Route 37/Jubal Early Drive Interchange northbound and southbound on and off ramps utilizing roundabout design and using the existing bridge structure. This was and remains a significant public improvement that addresses the transportation needs of the proposed development and the broader community. The Applicant is requesting to amend their approved proffer statement to allow an extension of the time to begin and complete the proposed new Route 37 interchange improvements at Jubal Early Drive. Specifically, proffer D) 5 has been revised to reflect the requested extension. Currently, the Applicant's commitment is to commence construction of the new interchange within 24 months of the final non appealable rezoning approval which is March 28, 2009, and complete construction within 60 months which would be March 28, 2012 or by the issuance of the 600"' building permit. The Applicant's proposal is to commence construction of the new interchange within the 2012 calendar year, and complete construction within the 2015 calendar year or completed no later than the issuance of the 600`" building permit. This is in essence a delay of approximately three and one half years from the original deadline or five and one half years from the date of original rezoning. A section of this specific proffer D) 5 contains a provision for providing the right of way necessary to complete the improvements to the Route 37/Jubal Early Interchange. This specific element of the proffer has been satisfied to VDOT's satisfaction and may be removed from the proffer statement if necessary. As you are aware, the Commonwealth Transportation Board, on January 18, 2007, approved the break in access on Route 37, to allow construction of this new interchange. 0 4 Rezoning #11-08 — Willow Run January 5, 2009 Page 2 One additional modification relates to an extension in the time frame for dedication of 5 acres for the development of an aquatic center. The proposed site for the aquatics center is in the vicinity of the Route 37/Jubal Early Interchange. The availability of the site is for a period of five years. Please recognize the comments provided by Parks and Recreation and Planning that recommends this language be further modified to provide more flexibility to the County in the ultimate use of this site for public uses. The applicant has brought the date of this proffered commitment forward to recognize the date of the current rezoning. A 5 year sunset clause on the availability of this site remains. PLANNING COMMISSION RECOMMMENDATION OF 12/17/08: The Frederick County Planning Commission recommended approval of the rezoning with the proffers as presented by the applicant. Members of the Commission supported the application for several reasons; because VDOT was satisfied with the revisions, there were no changes in the road layout of the project, there was no increase in density, the project represented a significant contribution to the County's regional transportation needs once completed, and the unforeseen economic landscape. Summary of the approved Willow Run project (RZ921-06). In surnrnary of the previously approved rezoning application: The Willow Run project is an R4, Residential Planned Community with up to 1390 dwelling units and areas of commercial land uses totaling at least 32 acres. The development of this project is guided by a proffered Master Development Plan. The development prograrn provides for a mix of residential uses and a phased introduction of the new residential uses. A limited amount of commercial land use is proffered to occur in connection with an identified number of residential uses. Other commitments are tied to the number of residential units such as the phased construction of Jubal Early Drive. In addition to summarizing the project it is important to recognize several components of the original approval. The monetary contributions aimed at mitigating the impacts of the request were based upon the 2005 fiscal impact model values which are lower than those impacts identified in the current development impact model. Other components of the rezoning include the construction of a community center of a specific size, 4,000 square feet. This is provided for and is triggered by a specific number of units as is the construction of a pool 3,500 square feet in size in the event that an aquatic center is not provided on the land proposed to be dedicated to the County. 0 0 Rezoning #11-08 — Willow Run January 5, 2009 Page 3 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: 12/17/08 Recommended Approval Board of Supervisors: O1/14/09 Pending PROPOSAL: To revise the proffers associated with Rezoning #21-06, which resulted in the rezoning of 359.97 acres to R4 (Residential Planned Community) District with proffers, for commercial land uses and up to 1,390 residential units. LOCATION: The properties are located east of Route 37 and Merriman's Lane (Route 621), north of Cedar Creek Grade (Route 622), south and west of the City of Winchester. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBERS: 53-A-90, 53-A-91, 53-A-92, 53-A-92A, 53-A-92B, 53-A-94, 53-3-A and 63-A-2A PROPERTY ZONING: R4 (Residential Planned Community) District PRESENT USE: Agricultural and residential ADJOINING PROPERTY ZONING & PRESENT USE: North: RP (Residential Performance) City of Winchester South: RA (Rural Areas) RP (Residential Performance) East: City of Winchester West: RA (Rural Areas) RP (Residential Performance) Use: Residential Residential & open space Use: Agricultural and residential Residential Use: Residential Use: Residential and recreational Residential Rezoning #11-08 — Willow Run January 5, 2009 Page 4 REVIEW EVALUATIONS: VirLdnia Dent. of Transportation: A VDOT review has been conducted on the revised rezoning application with the latest proffers dated October 14, 2008 for the Willow Run Neighborhood Development. VDOT is satisfied with the revisions to the transportation enhancement proffers. Before development, this office will require a complete set of construction plan detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of- way dedications, traffic signalization and off -site roadway improvements and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. The permit is issued by this office and requires an inspection fee and surety bond coverage. Fire Marshal: Plan approval recommended. Department of Parks & Recreation: Staff agrees with the extension as stated in the proposed revised proffer dated October 14, 2008. As noted, staff believes the proposed extension of time the County would have to consider development of the five acre site, being proffered for an Aquatic/Recreation Center, is appropriate. However, given the fact Winchester Medical Center has just completed a similar facility within a mile of this location, the Parks and Recreation Department recommends that an alternate site be selected for a future County -owned and operated Aquatic/Recreation Center. Although this may no longer be the best location for the Aquatic/Recreation Center, it may be in the best interest of the County to hold onto this option for other potential uses. Because the proffer identifies this site as being for an Aquatic Center, this would require a change to the proffer that would broaden the possible uses for this site. According to the current proffer, if this site is used for an Aquatic Center, recreational unit credit is to be given to the developer. It would be the recommendation of the Parks and Recreation Department that if the site is used for something other than a recreational amenity, the developer would not be relieved from any recreational unit requirements. Prior to completion of the Medical Center facility, there was a keen interest in this site for the proposed Aquatic/Recreation Center. Therefore, I would suggest that this matter receive a comprehensive County review before the Parks and Recreation Department's continents are offered (also see attached memo). City of Winchester: No comments. Frederick County Attorney: Please see attached letter dated November 14, 2008 from Roderick B. Williams, County Attorney. PlanninIZ Department: Please see attached Memo dated November 6, 2008 from Michael T. Ruddy, AICP, Deputy Planning Director. Planning & ZoninjZ: 1) Site History The property was rezoned to the R4 (Residential Planned Community) District with the approval of Rezoning #21-06; approved on February 28, 2007 by the Board of Supervisors. 0 0 Rezoning #11-08 — Willow Run January 5, 2009 Page 5 SUMMARY AND ACTION OF THE PLANNING COMMISSION 12/17/08 MEETING: The applicant's representative stated that due to economic conditions, there has not been any development activity at the Willow Run project. As a result, a modification to the timing mechanism for the interchange is felt to be necessary. The applicant said VDOT sought assurances for two issues and both of those have been met. One was the dedication of right-of-way necessary to complete the improvements to the Route 37/ Jubal Early Interchange and the second was the proffer conunitment for the construction of the interchange. The applicant said the timing mechanism for the 2012 start was acceptable by VDOT. Commission members had questions regarding the possible impact this delay will have on the overall traffic plan and whether the timing mechanism for the 600'1' building permit would still be appropriate in terms of interim traffic growth. Conunission members also had questions regarding the proposed aquatic center. The County's transportation planner said additional modeling was not required and neither VDOT nor staff had additional concerns regarding interim traffic. Regarding the aquatic center, staff said the applicant has modified the timing for the aquatic center to begin five years from the date of the approval of this rezoning. In addition, the five -acre area reserved for the aquatic center will not be accessible until Jubal Early Drive is constructed. There were no public comments. Members of the Commission supported the application because VDOT was satisfied with the revisions, there were no changes in the road layout of the project, there was no increase in density, the project represented a significant contribution to the County's regional transportation needs once completed, and the unforeseen economic landscape. The Planning Cornruission reconunended approval of the rezoning with the proffers as presented by the applicant. (Note: Conunissioners Mohn, Watt, and Ours were absent from the meeting.) 0 0 REZONING APPLICATION #11-08 WILLOW RUN Staff Report for the Planning Commission Prepared: December 1, 2008 Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director Th is is a request to revise the proffers associated with Rezoning 921-06, which resulted in the rezoning of 359.97 acres to R4 (Residential Planned Community) District with proffers, for commercial land uses and up to 1,390 residential units. The proffer revisions generally propose modifications to the transportation program previously approved by the County. Summary of the current rezoning request. A major component of the original rezoning request for this property, Rezoning #21-06 was the proffer to filly fund and construct the new Route 37/Jubal Early Drive 111terchange northbound and southbound on and off ramps utilizing roundabout design and using the existing bridge structure. This was and remains a significant public improvement that addresses the transportation needs of the proposed development and the broader community. The Applicant is requesting to amend their approved proffer statement to allow an extension of the time to begin and complete the proposed new Route 37 interchange improvements at Jubal Early Drive. Specifically, proffer D) 5 has been revised to reflect the requested extension. Currently, the Applicant's commitment is to commence construction of the new interchange within 24 months of the final non appealable rezoning approval which is March 28, 2009, and complete construction within 60 months which would be March 28, 2012 or by the issuance of the 600"' building permit. The Applicant's proposal is to commence construction of the new interchange within the 2012 calendar year, and complete construction within the 2015 calendar year or completed no later than the issuance of the 600'h building permit. This is in essence a delay of approximately three and one half years from the original deadline or five and one half years from the date of original rezoning. A section of this specific proffer D) 5 contains a provision for providing the right of way necessary to complete the improvements to the Route 37/Jubal Early Interchange. This specific element of the proffer has been satisfied to VDOT's satisfaction and may be removed from the proffer statement if necessary. As you are aware, the Commonwealth Transportation Board, on January 18, 2007, approved the break in access on Route 37, to allow construction of this new interchange. Rezoning #11-08 — Willow Run December 1, 2008 Page 2 One additional modification relates to an extension in the time frame for dedication of 5 acres for the development of an aquatic center. The proposed site for the aquatics center is in the vicinity of the Route 37/Jubal Early Interchange. The availability of the site is for a period of five years. Please recognize the continents provided by Parks and Recreation and Planning that recommends this language be further modified to provide more flexibility to the County in the ultimate use of this site for public uses. The applicant has brought the date of this proffered commitment forward to recognize the date of the current rezoning. A 5 year sunset clause on the availability of this site remains. Summary of the approved Willow Run project. In summary of the approved rezoning application: The Willow Run project is an R4, Residential Planned Community with up to 1390 dwelling units and areas of corm-nercial land uses totaling at least 32 acres. The development of this project is guided by a proffered Master Development Plan. The development program provides for a mix of residential uses and a phased introduction of the new residential uses. A limited amount of commercial land use is proffered to occur in connection with an identified number of residential uses. Other commitments are tied to the number of residential units such as the phased construction of Jubal Early Drive. In addition to summarizing the project, it is important to recognize several components of the original approval. The monetary contributions aimed at mitigating the impacts of the request were based upon the 2005 fiscal impact model values which are lower than those impacts identified in the current development impact model. Other components of the rezoning include the construction of a community center of a specific size, 4,000 square feet. This is provided for and is triggered by a specific number of units as is the construction of a pool 3,500 square feet in size in the event that an aquatic center is not provided on the land proposed to be dedicated to the County. Following the required public hearing, a recommendation re ardin" this rezoning application to the Board of Supervisors would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Planning Commission. • • Rezoning #11-08 — Willow Run December 1, 2008 Page 3 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: 12/17/08 Pending Board of Supervisors: 01/14/09 Pending PROPOSAL: To revise the proffers associated with Rezoning 421-06, which resulted in the rezoning of 359.97 acres to R4 (Residential Planned Community) District with proffers, for commercial land uses and up to 1,390 residential units. LOCATION: The properties are located east of Route 37 and Merriman's Lane (Route 621), north of Cedar Creek Grade (Route 622), south and west of the City of Winchester. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBERS: 53-A-90, 53-A-91, 53-A-92, 53-A-92A, 53-A-92B, 53-A-94, 53-3-A and 63-A-2A PROPERTY ZONING: R4 (Residential Planned Community) District PRESENT USE: Agricultural and residential ADJOINING PROPERTY ZONING & PRESENT USE: North: RP (Residential Performance) City of Winchester South: RA (Rural Areas) RP (Residential Performance) East: City of Winchester West: RA (Rural Areas) RP (Residential Performance) Use: Residential Residential & open space Use: Agricultural and residential Residential Use: Residential Use: Residential and recreational Residential • 0 Rezoning #11-08 — Willow Run December 1, 2008 Page 4 REVIEW EVALUATIONS: Virl4inia Dept. of Transportation: A VDOT review has been conducted on the revised rezoning application with the latest proffers dated October 14, 2008 for the Willow Run Neighborhood Development. VDOT is satisfied with the revisions to the transportation enhancement proffers. Before development, this office will require a complete set of construction plan detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of- way dedications, traffic signalization and off -site roadway improvements and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. The permit is issued by this office and requires an inspection fee and surety bond coverage. Fire Marshal: Plan approval recommended. Department of Parks & Recreation: Staff agrees with the extension as stated in the proposed revised proffer dated October 14, 2008. As noted, staff believes the proposed extension of time the County would have to consider development of the five acre site, being proffered for an Aquatic/Recreation Center, is appropriate. However, given the fact Winchester Medical Center has just completed a similar facility within a mile of this location, the Parks and Recreation Department recormnends that an alternate site be selected for a future County -owned and operated Aquatic/Recreation Center. Although this may no longer be the best location for the Aquatic/Recreation Center, it may be in the best interest of the County to hold onto this option for other potential uses. Because the proffer identifies this site as being for an Aquatic Center, this would require a change to the proffer that would broaden the possible uses for this site. According to the current proffer, if this site is used for an Aquatic Center, recreational unit credit is to be given to the developer. It would be the recommendation of the Parks and Recreation Department that if the site is used for something other than a recreational amenity, the developer would not be relieved from any recreational unit requirements. Prior to completion of the Medical Center facility, there was a keen interest in this site for the proposed Aquatic/Recreation Center. Therefore, I would suggest that this matter receive a comprehensive County review before the Parks and Recreation Department's comments are offered (also see attached memo). Citv of Winchester: No comments. Frederick County Attorney: Please see attached letter dated November 14, 2008 fi-om Roderick B. Williams, County Attorney. Planninlz Department: Please see attached Memo dated Novenber 6, 2008 from Michael T. Ruddy, AICP, Deputy Planning Dif•ector. Planning & Zoning: 1) Site History The property was rezoned to the R4 (Residential Planned Community) District with the approval of Rezoning #21-06; approved on February 28, 2007 by the Board of Supervisors. • �` I • � I 50 • ,,, w, 53 A N ♦ w� � r t dM w„•Y PERRY STUART M INC t • ♦ j • ' • •Yr N N• +i �rj, YfQ ♦ �• M, 6 tj • ' 53 A 92A MLLLER B SMiTN AT WILLOW RUN LLC 9c, ♦•v• i I. �.i v sum 1 �• t ' h OF �r � � r sue• \ . 621 h h P h A .. Q O . ° I 63 A 1 JOVA PROPERTIES LLC I/ o �o P 1401 rift .P 37 622 , ♦ r ' t vO USES � - 3 r ` ♦ * , (I o Willow Run ReZoning REZ#10-08 PIN: 53-A-90, 53-A-91, 53-A-92, 53-A-92A, V,Z - A - Q7R 51 - A - Qd 52 - I - A 52 - 2 - ?A �, o -J c •. v 1 f 1 /ST�q�sT } " ✓ A > Winc ester, VA 3 r ., m 1/0 a f >< C � • ,�% �• esre/� W s DINS r \>• `fTT r° sly � - o �'�,r /% ' � � I ° ., i : i ► �'r � Rat = Fri ♦`. M \ � I P � � f " • � �• t oW=/ Ube \I cyF� I /�. r� 02 r ---CEDAR CREEK CR Y R • e Case Planner Mike Future Rt37 Bypass Zoning M2 (Industrial, General District) OApplications BI (Business, Neighborhood District) - MHI (Mobile Home Community District) Buildings B2 (Business, General Distrist) - MS (Medical Support District) _ Urban Development Arta • 83 (Business, Industrial Transition District) 40 RS (Residential Planned Community District) SWSA • EM (Extractive Manufacturing District) • R5 (Residential Recreational Community District) • HE (Higher Education District) RA (Rural Area District) - MI (Industrial, Light District) RP (Residential Performance District) 0 1,250 2,500 5,000 Feet F-'-i 0 • REZONING APPLICATION FORM FREDERI CK COUNTY, VIRGINIA To be completed by Planning Staff. Fee Amount Paid OD Zoning Amendment Number Date Receive PC Hearing Date ' ` BOS Hearing Date The following information shall be provided by the applicant: All parcel identification numbers. deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: Greenway Engineering Address: 151 Windy Hill Lane Winchester, VA 22602 2. Property Owner (if different from above) Name: Willow Grove L.C. 740 LLC 750 LLC Miller and Smith at Willow Run L.L.C. Greystone Properties. LLC Telephone: (540) 662-4185 * Please see attached address and telephone number.for each identified owner 3. Contact person if other than above Name: Evan Wyatt Telephone: (540) 662-4185 4. Checklist: Check the following items that have been included with this application. Location map Plat Deed to Property Verification of taxes paid X Agency Comments X Fees X Impact Analysis Statement X Proffer Statement X X X 0 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: Willow Grove L.C. 740 LLC 750 LLC Miller and Smith at Willow Run L.L.C. Greystone Properties, LLC 6. A) Current Use of the Property: Agricultural & Residential B) Proposed Use of the Property: Residential & Commercial 7. Adjoining Property: Please see attached adjoining property owner information tables for Frederick County and the City of lI'inchester. PARCEL ID NUMBER I USE I ZONING I 8. Location: The property is located at (give exact located based on nearest road and distance from nearest intersection, using road names and route number): East of Route 37 and Merriman's Lane (Route 621). North of Cedar Creek Grade (Route 622). South and West of the City of Winchester Corporate Limits. 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 53-((A))-90, 53- ((A))-91, 53-((A))-92. 53-((A))-92A, 53-((A))-92B. 53-((A))-94, 53-((3))-A, 63-((A))-2A Districts Magisterial: Fire Service: Rescue Service: Shawnee Round Hill VFRD Round Hill VFRD High School: Middle School: Elementary School James Wood James Wood Orchard View 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested 359.97± R4 District R4 District With Proffers With Modified Proffers 359.97± 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: Non -Residential Lots: Square Footage of Proposed Uses Office: Retail: Restaurant: Townhome: Mobile Home: Service Station: Manufacturing: Warehouse: Other Multi -Family Hotel Rooms: Please note that the Applicants' Proffer Statement limits the total number of residential dwelling units to I,390 and ensures a housing product »nix based on the Willow Ruiz Residential Unit Matrix Table as provided under Section A(3) of the Proffer. The TIA is based on a commercial development of 375,000 square feet. 0 Property Owner Information: Greystone Properties, LLC 13 South Loudoun Street Winchester, VA 22601 (540) 722-4101 Greystone Properties, LLC 13 South Loudoun Street Winchester, VA 22601 (540) 662-7215 Tax Map Parcels 53-((A))-91 & 63-((A))-2A Tax Map Parcels 53-((A))-91 & 63-((A))-2A Miller and Smith at Willow Run L.L.0 Tax Map Parcels 53-((A))-92 & 53-((A))-94 8401 Greensboro Drive Suite 300 McLean, VA 22102 (703) 821-2500 ext 224 Willow Grove L.C. 720 South Braddock Street Winchester, VA 22601 (540) 667-1710 740 LLC 720 South Braddock Street Winchester, VA 22601 (540) 667-1710 750 LLC 720 South Braddock Street Winchester, VA 22601 (540) 667-1710 Tax Map Parcels 53-((3))-A & 53-((A))-92 Tax Map Parcel 53-((A))-90 Tax Map Parcel 53-((A))-92B • 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 bet of my (our) knowledge. Applicant(s): Date: I Q 1 `� ;1• Please refer to Special Limited Power of Attorney Agreements that have notarized signatures of all property owners that are authorized to sign on behalf of the various LCs and LLC for the Willow Run Rezoning Application and proffered Master Develojnnent Plan. Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Planning office, County of Frederick, Virginia, 107 Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By These Presents: That I (We) (Name) Miller and Smith at Willow Run, LLC (Phone) (703) 821-2500 ext. 224 (Address) 8401 Greensboro Drive, Suite 300, McLean VA 22102 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 040008797 on Page Instrument No. 040017302 on Page , and is described as Parcel: 53 Lot: 92A Block: A Section: Subdivision: Parcel: 53 Lot: 94 Block: A Section: Subdivision: _ do hereby make, constitute and appoint: (Name) Greenway Engineering (Phone) (540) 662-4185 (Address) 151 Windy Hill Lane, Winchester, VA 22602 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning application for my (our) above described Property, including: ® Rezoning (Including proffers) ❑ Conditional Use Permits ❑ Master Development Plan (Preliminary and Final) ❑ Subdivision ❑ Site Plan ❑ Comprehensive Policy Plan Amendment My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (wg,,)'have Signature(s) r6k set 4 (our) hand and seal this - day of 0 0eft 200J SUS I..L e(L AOb '�5M TH (rJ State of Vrt.ginia, City/County of �Ai►' , To -wit: ddhO "Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument and who I (are) known to me, personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this Grp day of Al d fcmhfi , 204. My Commission Expires: R:3/ 2-0(h Not# Public Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Planning office, County of Frederick, Virginia, 107 Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By These Presents: That I (We) (Name) Greystone Properties, LLC (Phone) (540) 662-7215 (Address) 13 South Loudoun Street, Winchester, VA 22601 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 030024683 on Page Instrument No. 040017913 on Page , and is described as Parcel: 53 Lot: 91 Block: A Section: Subdivision: Parcel: 63 Lot: 2A Block: A Section: Subdivision: do hereby make, constitute and appoint: (Name) Greenway Engineering (Phone) (540) 662-4185 (Address) 151 Windy Hill Lane, Winchester, VA 22602 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning application for my (our) above described Property, including: ® Rezoning (Including proffers) ❑ Conditional Use Permits ❑ Master Development Plan (Preliminary and Final) ❑ Subdivision ❑ Site Plan ❑ Comprehensive Policy Plan Amendment My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof. Signature(s) have hereto set my (our) hand and seal this 11 day of 0406 2008, State of Virginia, Gity/County of 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 I (are) known to me, personally appeared before me and has acknowledged y pthe same before me in the jurisdiction aforesaid this �`1 day of Q,eaen 200 0.,, �L &,, My Commission Expires: Notary Public 0 "'�_ C71NYGi�C1V�NRY PURL.IC Commonwealth of Virginia Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Planning office, County of Frederick, Virginia, 107 Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By These Presents: That I (We) (Name) Willow Grove, LC (Phone) (540) 667-1710 (Address) 720 South Braddock Street, Winchester, VA 22601 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Deed Book No. 869 on Page 596, Deed Book No. 871 on Page 32, and is described as Parcel: 53 Lot: 92 Block: A Section: Subdivision: Parcel: 53 Lot: 3 Block: A Section: Subdivision: _ do hereby make, constitute and appoint: (Name) Greenway Engineering (Phone) (540) 662-4185 (Address) 151 Windy Hill Lane, Winchester, VA 22602 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning application for my (our) above described Property, including: ® Rezoning (Including proffers) ❑ Conditional Use Permits ❑ Master Development Plan (Preliminary and Final) ❑ Subdivision ❑ Site Plan ❑ Comprehensive Policy Plan Amendment My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) have hereto set my (our) hand and seal this 6. day of ffoy 200 17' Signature(s) -C , State of Virginia, City/County of F,e�4�e►��� To -wit: I, JOtgK CoiY�t �A•O a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to t e foregoing instrument and who I (are) known to me, personally appeared before )Notary Zau I has a owled the same before me in the jurisdiction aforpsaid,this S day of. ft✓ c20p_F s .,°'o?N NOTARY PUBLIC My Conu�iisso� ends; _ - 4h �6 Virginia Public " OF X_ Reg. /r 7163184 ri _ .?o p•��c,�c' 14y Commission Expires September 30, 2012 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va. Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Planning office, County of Frederick, Virginia, 107 Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By These Presents: That I (We) (Name) 750, LLC (Phone) (540) 667-17 10 (Address) 750 Merrimans Lane, Winchester, VA 22601 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Deed Book No. 918 on Page 1141, and is described as Parcel: 53 Lot: 92B Block: A Section: Subdivision: do hereby make, constitute and appoint: (Name) Greenway Engineering (Phone) (540) 662-4185 (Address) 151 Windy Hill Lane, Winchester, VA 22602 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning application for my (our) above described Property, including: ® Rezoning (Including proffers) ❑ Conditional Use Permits ❑ Master Development Plan (Preliminary and Final) ❑ Subdivision ❑ Site Plan ❑ Comprehensive Policy Plan Amendment My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) have hereto set my (our) hand and seal this 6—day of !Td L 200 E Signature(s) State of Virginia, City/County of �(C49EJ416K, To -wit: I 4a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who ergned to the foregoing instrument and who I (are) known to me, personally appeared before me and has a nowledged same b de me in the jurisdiction aforesaid this 5- day of MO V 20.0 �. ,,%% Cpr9•, v nr r, �olrad %My oSiIUNio `> X )ices: NOTARY PUBLIC otary Public r of Commonwealthor irgini g Reg. # 7163104 rY,^c•`L�7plt��p•`�c,;- Ny Commission Expires September 30, 2012 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.vams Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Planning office, County of Frederick, Virginia, 107 Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By These Presents: That I (We) (Name) 740, LLC (Phone) (540) 667-1710 (Address) PO Box 87, Winchester, VA 22604 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Deed Book No. 918 on Page 1139, and is described as Parcel: 53 Lot: 90 Block: A Section: Subdivision: do hereby make, constitute and appoint: (Name) Greenway Engineering (Phone) (540) 662-4185 (Address) 151 Windy Hill Lane, Winchester, VA 22602 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning application for my (our) above described Property, including: X Rezoning (Including proffers) ❑ Conditional Use Permits Master Development Plan (Preliminary and Final) ❑ Subdivision ❑ Site Plan ❑ Comprehensive Policy Plan Amendment My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. �,,,� In witness thereof, I (we) have hi' fo set ,Ay (our) han ,�rl this day of A�g , 200 Signature(s) of Virginia, City/County of&E01610 %GTo-wit: IJ0MV / Conq_44ONotary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument and who I (are) known to me, person, lly appeared befo e me and has ackno e ed the sam fore me i the jurisdiction aforesaid this ?day of NO , 200 F """"'"-, ]plan Y. Conrad r'>e�t. coy'''% My Commi�s'J�dn Fx�ki��--, IVOTAfiY PUBLIC Nc ry Public t 'osCommonwealth of Virginia Reg. a 7163184 r 2` ?c �e`p. `o a' My Commission Expires qE?6k;r6>rynt1€?r 30. 2012 LLJ Rokzwt URIC voxmvp,f i1• GREENWAY ENGINEERING 151 Mndy HIII Larn A�dr rm WlnahMr. Vtrpinla 22602 T�Mp�an� 540-662-4155 FAX 510-722-Y525 i ✓4bo/ � �� # , Ck ABERCORN DRIVE -"004r DR. DMYTON CIRCLE G c � i2 CI _ up", Cr. $ - N// i.i Iaow Run WIN CH E S T E R. VIRGIN I A NOVEMBER 2006 u E LEGEND SINGLE FAMILY DETACHED SINGLE FAMILY ATTACHED MULTI —FAMILY AGE RESTRICTED COMMERCIAL OPEN SPACE OIPNERSIDEVELOPERS MILLER AND SMITH GREYSTONE PROPERTIES 1 ti O 101 N EJ, illow Run W I N C H E S 7 E R, V I R G I N I A WILLOW RUN TRANSPORTATION PHASING GREENWAY ENGINEERING ' S' Mundy Hill Lang NOVEYB3'R POOR Fmn&W tw 1971 Winch . Vtrpinla 22602 TNaphona 540-662-4165 Arwra� FAX 540-722-9526 y PHASING LEGEND PHASE 1-300 PERMIT � PHASE 2-450 PERMIT i PHASE 3-600 PERMIT 700 0 700 14y SCALE: 1" = 100' EXHIBIT OWNERSfDEVELOPERS !MILLER AND SMITH CREYSTONE PROPERTIES Map Data Source: Frederick County, Va. GIS Department, April 2008 Data and City of Winchester, Va. GIS Department, April 2008 Data Willow Run 0 0 Adjoining Property Owners 0 Number Tax Map Number Owner Mailing Address City & State ZIP Winchester 1 188-04- - 2- 750 LLC 603 S LOUDOUN STREET WINCHESTER VA 22601 2 188-04- - 1- A SFEIR RAMSEY - SFEIR JANET E KEIM 730 MERRIMANS LN WINCHESTER VA 22601 3 188-04- - 1- SFEIR RAMSEY ET UX - SFEIR JANET E KEIM 730 MERRIMANS LANE WINCHESTER VA 22601 4 188-06- - 61- CITY OF WINCHESTER 15 N CAMERON ST RISK MANAGER STE 106 WINCHESTER VA 22601 5 209-01- - 1- CITY OF WINCHESTER 15 N CAMERON ST RISK MANAGER STE 106 WINCHESTER VA 22601 6 230-06-A- 8- A CITY OF WINCHESTER 15 N CAMERON ST RISK MANAGER STE 106 WINCHESTER VA 22601 7 230-06-A- 8- LITTELL CANDACE L - MAXWELL SCOTT J 1869 CLAYTON RIDGE DR WINCHESTER VA 22601 8 229-01-A- 9- MAXWELL SCOTT J - LITTELL CANDACE L 1869 CLAYTON RIDGE DR WINCHESTER VA 22601 9 229-01-A- 10- JAROTZKY VLADIMIR - JAROTZKY MARIE E P O BOX 1828 WINCHESTER VA 22604 10 229-01-A- 11- MORRIS DUANE LEE - MORRIS MICHELLE RENEE 1881 CLAYTON RIDGE DR WINCHESTER VA 22601 11 229-01-A- 12- JUSTICE KAREN E - JUSTICE JOSHUA PAUL 1885 CLAYTON RIDGE DR WINCHESTER VA 22601 12 229-01-A- 13- SHAFRAN STEVEN P - SHAFRAN CAROL A 1889 CLAYTON RIDGE DR WINCHESTER VA 22601 13 229-01-A- 14- NIELSEN EARL A - NIELSEN JANET R 1893 CLAYTON RIDGE DR WINCHESTER VA 22601 14 229-01-A- 15- MARTIN DANIEL G - MARTIN LISA M 1000 STERLING DR WINCHESTER VA 22601 15 229-01-A- 16- MCKEE KENNETH - MYERS COLLEEN W 1901 CLAYTON RIDGE DR WINCHESTER VA 22601 16 229-01-A- 17- KEE CONSTRUCTION SERVICES LLC 420 W JUBAL EARLY DR STE 103 WINCHESTER VA 22601 17 229-01-A- 18- KEE CONSTRUCTION SERVICES LLC 420 W JUBAL EARLY DR STE 103 WINCHESTER VA 22601 18 229-01-A- 19- FASANO JEROME - FASANO CHRISTINE 6720 UNION MILL RD CLIFTON VA 20124 19 229-01-A- 20- INVICTUS VA II LLC 25050 RIDING PLAZA STE #130-810 SOUTH RIDING VA 20152 20 229-01-A- 21- INVICTUS VA II LLC 25050 RIDING PLAZA STE 9130-810 SOUTH RIDING VA 20152 21 229-03-7- 223- OAKCREST PROPERTIES LLC 126 N KENT ST WINCHESTER VA 22601 22 229-03-7- 225- OAKCREST PROPERTIES LLC 126 N KENT ST WINCHESTER VA 22601 23 229-03-7- 224- OAKCREST PROPERTIES LLC 126 N KENT ST WINCHESTER VA 22601 24 229-03- - 208- FREEDMAN GARY S 2015 STONELEIGH DR WINCHESTER VA 22601 25 229-03- - 207- MITCHELL RALPH C - MITCHELL SHIRLEY A 155 HARVEST RIDGE DR WINCHESTER VA 22601 26 229-03- - 206- MOHAMMAD LAMAR 2023 STONELEIGH DR WINCHESTER VA 22601 27 229-03- - 205- MILLER MATTHEW T 2027 STONELEIGH DR WINCHESTER VA 22601 28 229-03- - 204- QASIMYAR MOHAMMED JUMA 20544 FIVE OAKS CT STERLING VA 20165 29 229-03- - 203- SIRBAUGH FORREST E III - SIRBAUGH DONNA C 2035 STONELEIGH DR WINCHESTER VA 22601 30 249-07- - 202- WAKEMAN BRANDON LANE 2039 STONELEIGH DR WINCHESTER VA 22601 31 249-07- - 201- WALLACE PAMELA K PO BOX 91 EASTON MD 21601 32 249-07- - 200- WILSON MARGARET BRIDGET 2047 STONELEIGH DR WINCHESTER VA 22601 33 249-07- - 199- US BANK NA C/O HOMECOMINGS FINANCIAL LLC 6 EXECUTIVE CIRCLE #100 IRVINE CA 92614 34 249-07- - 198- TELLEZ ROCIO B 2055 STONELEIGH DR WINCHESTER VA 22601 35 249-07- - 197- CHANEY BELINDA K 2059 STONELEIGH DR WINCHESTER VA 22601 36 249-07- - 196- MILONE KIMBERLY A 2063 STONELEIGH DR WINCHESTER VA 22601 37 249-07- - 195- SHONK ROBERT J - SHONK SHEILA M 16308 SPILLMAN RANCH LOOP AUSTIN TX 78738 38 249-07- - 194- HUGHES WILLIAM C 2071 STONELEIGH DR WINCHESTER VA 22601 39 249-07- - 193- HALL CHRISTOPHER E - HALL KAREN E 1934 HARVEST DR WINCHESTER VA 22601 40 249-07- - 192- BASNILLO MARCO A V 2079 STONELEIGH DR WINCHESTER VA 22601 41 249-07- - 191- MELCO INC 609 CEDAR CREEK GR WINCHESTER VA 22601 42 249-07- - 190- HINKLE SUZANNE M 2087 STONELEIGH DR WINCHESTER VA 22601 43 249-07- - 189- ELSEA SUSAN E 2091 STONELEIGH DR WINCHESTER VA 22601 44 249-03- - 4913- HUGHES BRANDON W - DELLINGER MORGAN LEIGH 2O95 STONELEIGH DR WINCHESTER VA 22601 45 249-03- - 49A- OAKCREST PROPERTIES LLC 126 N KENT ST WINCHESTER VA 22601 46 249-03- - 4813- DOLL JOSHUA J - DOLL JEFFREY L 447 WOODFIELD LN WINCHESTER VA 22602 47 249-03- - 48A- IAROSIS MICHAEL F ET UX - IAROSIS RALUCA 818 S CHARLES STREET BALTIMORE MD 21230 48 249-03- - 4713- CRANSTON ANN CASEY 2111 STONELEIGH DRIVE WINCHESTER VA 22601 49 249-03- - 47A- IAROSIS MICHAEL F ET UX - IAROSIS RALUCA 818 S CHARLES ST BALTIMORE MD 21230 50 249-03- - 4613- ROSENBERGER AMY THOMAS 2119 STONELEIGH DRIVE WINCHESTER VA 22601 10/14/2008 Source: Frederick County GIS, April 2008 City of Winchester GIS, April 2008 1 of 2 Willow Run 0 • Adjoining Property Owners File 380OWG Number Tax Map Number Owner Mailing Address City & State ZIP 51 249-03- - 46A- BYRD SHARON M P O BOX 206 BERRYVILLE VA 22611 52 249-01- - 4- BARTON BONNIE G 2125 STONELEIGH DR WINCHESTER VA 22601 53 249-01- - 3- LONG MEADOWS FARM OF VIRGINIA 3 LLC 609 CEDAR CREEK GD WINCHESTER VA 22601 54 249-01- - 2- RACEY LESTER E - RACEY HILDA C 940 CEDAR CREEK GRADE WINCHESTER VA 22601 55 269-05-A- 1- TURNER ENTERPRISES LLC 2971 VALLEY AVE WINCHESTER VA 22601 Frederick County 1 56 63 A 2H TURNER ENTERPRISES LLC 2971 VALLEY AVE WINCHESTER VA 22601 57 63 92 24A GREYSTONE DEVELOPERS INC 2055 VALLEY AVE WINCHESTER VA 22601 58 63 A 2K C & W PROPERTIES PO BOX 221 MILLWOOD VA 22646 59 63 A 2D BRIDGEFORTH RU T H D 1064 CEDAR CREEK GR WINCHESTER VA 22602 60 63 A 1 JOVA PROPERTIES LLC PO BOX 2658 WINCHESTER VA 22604 61 52 A 310 GLAIZE FRED L III & ANN W PO BOX 888 WINCHESTER VA 22604 62 53 3 Al GORDON JAMES C. JR. 324 ORCHARD LN WINCHESTER VA. 22602 63 53 A 95 GORDON JAMES C. JR. 324 ORCHARD LN WINCHESTER VA. 22602 64 52 205 54 R & T PACKING CORP - C/O FIRST BANK TRUST DIVISION _ 1835 VALLEY AVE WINCHESTER VA 22601 65 52 18 8 ROUSE JASON - & TALMAGE DAVINA 118 PARKINS LN WINCHESTER VA 22602 66 52 18 7 CODELLA DOMENICO & MARIELA 143 PARKINS LN WINCHESTER VA 22602 67 52 18 6 SMITH KIM TERRY - COOPER MARY E _ 133 PARKINS LN WINCHESTER VA 22602 68 52 18 5 R & T PACKING CORP - C/O FIRST BANK TRUST DIVISION _ 1835 VALLEY AVE WINCHESTER VA 22601 69 52 A 313 PERRY STUART M INC 117 LIMESTONE LN WINCHESTER VA 22602 70 53 A 88 PERRY STUART M INC 117 LIMESTONE LN WINCHESTER VA 22602 71 53G 1 4 48A MERRIMANS CHASE HOMEOWNERS ASSOC - INC PO BOX 3276 WINCHESTER VA 22604 72 53G 1 4 48 LYNCH MAURADE ANN 886 MERRIMANS LN WINCHESTER VA 22602 73 53G 1 4 47 WIMSATT WILLIAM LEE - & BRYAN HEATHER ANN 878 MERRIMANS LN WINCHESTER VA 22602 74 53G 1 4 46 HERNANDEZ EDGAR B - & MARTINEZ SANDRA BARAHONA 872 MERRIMANS LN WINCHESTER VA 22602 75 53G 1 4 45 STANEART BRIAN KENT & LINDA CHUN 866 MERRIMANS LN WINCHESTER VA 22602 76 53G 14 44 CHASE EDWARD M & MARIETTE A 101 HOMER DR WINCHESTER VA 22602 77 53G 1 1 8 SMITH VICKI L 100 HOMER DR WINCHESTER VA 22602 78 53G 1 1 7 MELLOTT NANCY K 828 MERRIMANS LN WINCHESTER VA 22602 79 53G 1 1 6 SWOGGER JAMES F & JERI L 820 MERRIMANS LN WINCHESTER VA 22602 80 53G 1 1 5 MARCOCCIO ANTHONY & FRIDA T 812 MERRIMANS LN WINCHESTER VA 22602 81 53G 1 1 4 MARTINEZ MARIO ARCENIO 806 MERRIMANS LN WINCHESTER VA 22602 82 53G 1 1 3 CHAMBERLAIN ANTHONY N & SANDRA G 101 OKEEFE DR WINCHESTER VA 22602 83 53G 1 1 2 GOLIGHTLY ROBERT & MARIAN M _ 100 OKEEFE DR WINCHESTER VA 22602 84 53G 1 1 1 CRESPO RAUL & NEREIDA 770 MERRIMANS LN WINCHESTER VA 22602 85 53G 1 1 1A MERRIMANS CHASE HOMEOWNERS ASSOC - INC PO BOX 3276 WINCHESTER VA 22604 86 153 A 89 EMMONS ELMER L & BETTY M 747 MERRIMANS LN IWINCHESTER VA 22601 10/14/2008 Source: Frederick County GIS, April 2008 City of Winchester GIS, April 2008 2 of 2 - ZONING LEGEND ra •"� RA RURAL AREAS DISTRICT _ RP RESIDENTIAL PERFORMANCE DISTRICT RI RESIDENTIAL PLANNED COMMUNITY _ R5 RESIDENTIAL RECREATIONAL COMMUNITY _ MH1 MOBILE HOME COMMUNITY DISTRICT 81 NEIGHBORHOOD BUSINESS DISTRICT B2 BUSINESS GENERAL DISTRICT _ B3 INDUSTRIAL TRANSITION DISTRICT Ml LIGHT INDUSTRIAL DISTRICT ......... ® M2 INDUSTRIAL GENERAL DISTRICT _ EM EXTRACTIVE MANUFACTURING DISTRICT _ HE HIGHER EDUCATION DISTRICT CITY ZONING DISTRICTS LEGEND LR LOW DENSITY RESIDENTIAL DISTRICT MR MEDIUM DENSITY RESIDENTIAL DISTRICT HR HIGH DENSITY RESIDENTIAL DISTRICT - HR-1 LIMITED HIGH DENSITY RESIDENTIAL DISTRICT ; RO-1 RESIDENTIAL OFFICE DISTRICT RB-1 RESIDENTIAL BUSINESS DISTRICT B-1 CENTRAL BUSINESS DISTRICT B-2 HIGHWAY COMMERCIAL DISTRICT CM-1 COMMERCIAL INDUSTRIAL DISTRICT M-1 LIMITED INDUSTRIAL DISTRICT M-2 INTENSIVE INDUSTRIAL DISTRICT HS HEALTH SERVICE DISTRICT MC MEDICAL CENTER DISTRICT HE-1 HIGHER EDUCATION DISTRICT EIP EDUCATIONAL, INSTITUTIONAL, k PUBLIC DISTRICT PUD PLANNED UNIT DEVELOPMENT DISTRICT PMH PLANNED MOBILE HOME DISTRICT PSC PLANNED SHOPPING CENTER DISTRICT HISTORIC WINCHESTER DISTRICT c CAbRR��A l °f 1 cs z_ R W W z_ a W N m N � N a E a ' tl N m U 3 mom 2 N N W W G ogm s a,n m U xx RR z 0 m 5 w a 1 is G S Y T G � MARK D. SMITH No.022837 r_M W W aE- z� > Q> cc z a z 3 E- z F ONU d 3 WQ z z w Q d z x O Q V O J DATE: 11/18/08 SCALE: 1' = 1000' DESIGNED BY: EW FILE NO. 380OWG SHEET 1 OF I IIJO C IMS OIIOOCC ON ROr R17LL AS 09ROIM .00E - .1 T"M CO03 ATV 9AY0 I(a<I tr1ENN71 E0M AID a3�x'�N d � tl R sA M u Z a e N � g M Z 0 RE Z M :acr.a am I Lllzs z J POG o 006 i� /I R u d 0YT90'L /now.17 -Y-69 KL a R SEA Jll p1 .p1{.11 M.WI/.nx JI1N .tllY N'Q91 W 1tp A.KK 3ZONNx Nltt N}fl ZY[l1 !J N6C NZ1.n 31A1t/IM l[M $IM ZD'N9 p I'm iLfG/01 3J 1N ODo AIU N"0/ W am, A'J4W M.1M$9 NJQ' Nm[ .1/1=1 W .KM 1Lr0./[ Ma=.Izs 11M tl1/ J 11 W an, 1L/OZ1 Mbl/1./rN Nna .unt/ am, O 1t N1 JY{1.11 MJO/A.//N ./1Mi .{I M[ am, 10 1x3GWV1 31tNM v1130 9MW39WpfD Nldlil Obdq NlGvf3l JNv SfYOW 3N/tl b ♦y�' I R R 3 u JY�BI'ZIl '� • •, n p rp to-Y-99 VU PC QC Y-9-89 "I ae/ •�\ wa �4 Ms! DY }l -"V j F Y i �.: Y 1 / a / DYT-L9'ti eso-Y-e9 wL ' a� u CO .,» , 9 0 AMENDMENT Action: PLANNING COMMISSION: December 17, 2008 - Recommended Approval BOARD OF SUPERVISORS: January 14, 2009 APPROVED FJI DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #11-08 PROFFER REVISION OF WILLOW RUN WHEREAS, Rezoning 911-08 Proffer Revision of Willow Ryan, submitted by Greenway Engineering, to revise the proffers associated with Rezoning #21-06, which resulted in the rezoning of 359.97 acres to R4 (Residential Plamled Community) District with proffers, for commercial land uses and up to 1,390 residential units. The proffer revisions propose modifications to the transportation program previously approved by the County. The properties are located east of Route 37 and Merriman's Lane (Route 621), north of Cedar Creek Grade (Route 622), south and west of the City of Winchester, in the Shawnee Magisterial District, and are identified by Property Identification Numbers 53-A-90, 53-A-91, 53-A-92, 53- A-92A, 53-A-92B, 53-A-94, 53-3-A and 63-A-2A. WHEREAS, the Planning Commission held a public hearing on this rezoning on December 17, 2008; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on January 14, 2009; and WHEREAS, the applicant provided a proffer clarification applicable to Section E.5 regarding the Master Development Plan "which was approved on February 28, 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 amend -d to revise the proffers concerning Rezoning 1421-06. The proffer revisions propose modifications to the transportation program, as described by the application and attached conditions voluntarily proffered in writing by the applicant and the property owner. PDRes. #45-08 4 This ordinance shall be in effec Passed this 14th day of Januar- Richard C. Shickle, Chairman Gary Dove Gene E. Fisher Philip A. Lemieux PDRes. 445-08 Greenway Engineering September 1, 2005; Revised November 4, 2005 Revised November 30, 2005; Revised May 18, 2006 Revised June 27, 2006; Revised September 26, 2006 Revised October 24, 2006; Revised November 18, 2006 Revised December 11, 2006; Revised January 4, 2007 Revised February 12, 2007; Revised October 14, 2008 November 17, 2008; Revised January 14, 2009 WILLOW RUN TRADITIONAL NEIGHBORHOOD DEVELOPMENT PROFFER STATEMENT REZONING: RZ #11-08 Residential Planned Community (R4) District with Approved Proffers dated February 12, 2007 to Residential Planned Community (R4) District with Revised Proffers (359.97± acres) PROPERTY: 359.97±-acres (here -in after the "PROPERTY") Tax Map Parcels 53-((A))-90; 53-((A))-91; 53-((A))-92; 53-((A))- 92A; 53-((A))-92B; 53-((A))-94; 53-((3))-A & 63-((A))-2A RECORD OWNER: Willow Grove L.C.; 740 LLC; 750 LLC; Miller and Smith at Willow Run L.L.C.; Greystone Properties, LLC APPLICANT: Willow Grove L.C.; 740 LLC; 750 LLC; Miller and Smith at Willow Run L.L.C.; Greystone Properties, LLC PROJECT NAME: WILLOW RUN ORIGINAL DATE September 1, 2005 OF PROFFERS: REVISION DATE: November 4, 2005; November 30, 2005; May 18, 2006; June 27, 2006; September 26, 2006; October 24, 2006; November 18, 2006; December 11, 2006; January 4, 2007; February 12, 2007; October 14, 2008; November 17, 2008; January 14, 2009 Preliminary Matters Pursuant to Section 15.2-2296 et. seq. of the Code of Virginia, (1950, as amended), (the "Code") and the provisions of the Frederick County Zoning Ordinance (the "Ordinance") with respect to conditional zoning, the undersigned Applicants (as hereinafter defined) hereby proffer that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #11-08 for the rezoning of 359.97± acres from the Residential Planned Community (R4) District with Approved Proffers dated February 12, 2007 to the Residential Planned Community (R4) District with Revised Proffers, 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 Applicants (as hereinafter File #3800WG/2008 Conditional Zoning AmCRdmcnt/EAW s Greenway Engineering September 1, 2005; Revised November 4, 2005 2 Revised November 30, 2005; Revised May 18, 2006 Revised June 27, 2006; Revised September 26, 2006 Revised October 24, 2006; Revised November 18, 2006 Revised December 11, 2006; Revised January 4, 2007 Revised February 12, 2007; Revised October 14, 2008 November 17, 2008; Revised January 14, 2009 defined) and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Ordinance. hi the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and shall have no binding effect whatsoever. Upon approval of such rezoning, these proffers shall be binding upon the Applicants (as hereinafter defined) and their successors and assigns. The subject property, identified as Willow Run, and more particularly described as the lands owned by Willow Grove L.C., 740 LLC, 750 LLC, Miller and Smith at Willow Run, L.L.C., and Greystone Properties, LLC, (the "Applicants") being all of Tax Map Parcels 53-((A))-90, 53-((A))-91, 53-((A))-92, 53-((A))-92A, 53-((A))-92B, 53-((A))-94, 53-((3))-A and 63-((A))-2A; and further as shown on the Final Plat for Boundary Line Adjustment Between the Lands of Willow Grove L.C. and Miller and Smith at Willow Run, L.L.C., prepared by Marsh & Legge Land Surveyors, P.L.C. dated April 27, 2004, together with the Deed for Greystone Properties, LLC, from Pembroke Cove Properties, L.L.C. , recorded as Instrument # 030024683 and containing an attached plat prepared by Marsh & Legge Land Surveyors, P.L.C. recorded in Deed Book 886 Page 447 and an attached plat prepared by Lee A. Ebert, C.L.S. recorded in Deed Book 543 Page 247, together with the Deed for Miller and Smith at Willow Run, L.L.C., from Melco, Inc., recorded as Instrument # 040017302 (collectively, the "Property"). PROFFER STATEMENT A.) Residential Land Use 1. The Applicants hereby proffer to limit the total number of residential units to 1,390 dwelling units, exclusive of the existing residential units on the subject properties. 2. The Applicants hereby proffer to limit the number of residential building permits to a maximum of 200 building permits during each calendar year until the buildout of Willow Run, exclusive of age - restricted residential units and model homes. The Applicants shall be permitted to carry forward up to a maximum of 100 residential building permits that are not obtained during each calendar year to the ensuing calendar year; however, in no case shall the number of residential building permits, including age -restricted residential units, exceed a total of 300 issued in any calendar year. 3. The Applicants hereby proffer to provide for a mixture of housing types within Willow Run consistent with the minimum and maximum percentages and permitted housing types identified in the Willow Run Residential Unit Matrix as set forth below: File #3800WG/2008 Conditional Zoning Amendment/EAW Greenway Engineering September 1, 2005; Revised November 4, 2005 3 Revised November 30, 2005; Revised May 18, 2006 Revised June 27, 2006; Revised September 26, 2006 Revised October 24, 2006; Revised November 18, 2006 Revised December 11, 2006; Revised January 4, 2007 Revised February 12, 2007; Revised October 14, 2008 November 17, 2008; Revised January 14, 2009 Willow Run Residential Unit Matrix Category Minimum Maximum Housing Types Permitted of Units % of Units Single -Family 20% 35% RP District SFD; 35' SFD lot; 45' SFD Detached lot; 55' SFD lot Single -Family 20% 40% Duplex; Multiplex; Atrium House; Attached Weak -Link Townhouse; Townhouse Multifamily 20% 30% Condominium; Apartments; Residential Above Commercial Age -Restricted 5% 20% Single -Family Small Lot; Duplex; Multiplex 4. The Applicants hereby proffer to develop age -restricted dwelling units within Willow Run, the total number of which shall fall within a 5% minimum to 20% maximum range of the total number of residential units. Except to the extent otherwise prohibited by the Virginia Fair Housing Law, the Federal Fair Housing Law, and other applicable federal, state, or local legal requirements, any dwelling unit within the portions of the Property identified as age -restricted housing shall be restricted to housing for older persons as defined in Va. Code Ann. § 36-96.7, or a surviving spouse not so qualifying. No person under 19 years of age shall be permitted to be regularly domiciled or to reside permanently therein. The restriction provided for herein shall also be in the form of a restrictive covenant with respect to the residential portion of the Property designated as age -restricted, and any Property Owners Association (POA) or sub -associations created with respect thereto shall have assigned responsibility for the enforcement and administration of the said age -restricted covenant. 5. The Applicants hereby proffer to provide a double row of evergreen trees between the southern most residential structure and Cedar Creek File #3800WG/2008 Conditional Zoning Amendment/EAW Greenway Engineering September 1, 2005; Revised November 4, 2005 4 Revised November 30, 2005; Revised May 18, 2006 Revised June 27, 2006; Revised September 26, 2006 Revised October 24, 2006; Revised November 18, 2006 Revised December 11, 2006; Revised January 4, 2007 Revised February 12, 2007; Revised October 14, 2008 November 17, 2008; Revised January 14, 2009 Grade to minimize viewshed impacts from the Homespun property. The double row of evergreen trees shall be planted on 10-foot centers and shall be a minimum of four feet in height when planted. These trees shall be planted in conjunction with the improvements specified in Section D(10) of this Proffer Statement. 6. The Applicants hereby proffer to conduct a Phase I Archaeological Assessment of the Penbrook Cove farmstead (#34-1236) area located within proposed age -restricted portion of the Property. The Phase I Archaeological Assessment will be conducted prior to approval of the Subdivision Design Plan for the age -restricted community and will be in conformance with Virginia Department of Historic Resource standards. The Applicants will utilize this information for display within the age -restricted community center building for the benefit of the residents of the age -restricted community. B.) Commercial Land Use 1. The Applicants hereby proffer to designate a commercial center area and neighborhood commercial area along the Jubal Early Drive corridor as delineated on the proffered Willow Run Master Development Plan. The commercial center area and neighborhood commercial area shall be a minimum of 32.4 acres, which constitutes 9% of the targeted 10% total commercial area specified by Ordinance. The Applicants proffer to apply for a rezoning of the Merriman's Lane (Route 621) right-of-way within 6 months of abandonment by VDOT. This land area will be merged and absorbed into the commercial center area following rezoning approval. The Applicants proffer of right-of- way dedication for the new Route 37/Jubal Early Drive interchange shall not count towards the total commercial acreage; however, should additional right-of-way for said interchange be needed in the future, the Applicants shall not be required to provide additional commercial acreage. 2. The Applicants hereby proffer to deed a 5-acre site to Frederick County within the commercial center area to allow for the development of an aquatic center. The Applicants shall receive recreational value credit for this acreage, which shall be the appraised value at time of dedication; however, the aquatic center shall not count towards the commercial floor space that is guaranteed in Sections B(5) and B(6). The 5-acre site shall be available to Frederick County for a period of 5 years beginning in calendar year 2009 from the date of File #3800WG/2008 Conditional Zoning Amendment/EAW Greenway Engineering September 1, 2005; Revised November 4, 2005 5 Revised November 30, 2005; Revised May 18, 2006 Revised June 27, 2006; Revised September 26, 2006 Revised October 24, 2006; Revised November 18, 2006 Revised December 11, 2006; Revised January 4, 2007 Revised February 12, 2007; Revised October 14, 2008 November 17, 2008; Revised January 14, 2009 final non -appealable rezoning approval. Should Frederick County accept the 5-acre site in writing, this acreage shall be legally subdivided and deeded to Frederick County by the Applicants in conjunction with the bonding of the public street or the acceptance of the public street serving this site. If the County does not request the 5- acre site for the aquatic center within the time specified in this section, the proffer to deed the 5-acre site shall become null and void and the Applicants shall provide the recreational amenities specified in Section F(1) of this proffer statement. 3. The Applicants hereby proffer to utilize similar construction materials and similar development themes for all commercial development within Willow Run. The principal construction materials that are visible from the adjacent community streets shall be limited to brick, stone, artificial stone, simulated stucco, cernentous siding, wood, glass, standing seam metal, dimensional shingles, or false roof systems. These construction materials shall be utilized on all building walls and rooflines. Additionally, the Applicants proffer to restrict business signs to monument style that are a maximum of 15 feet in height and to building mounted signs. Furthermore, the Applicants proffer to incorporate into the Willow Run Property Owners Association ("POA") Declaration or sub -association declaration provisions creating an Architectural Review Board ("ARB") master organization, which shall be responsible for the review and approval of all exterior construction materials for commercial development. 4. The Applicants hereby proffer to design the commercial center to ensure that no parking lots are located between the commercial buildings fronting along Jubal Early Drive and Sandyridge Boulevard (Main Street) and those street systems. This standard shall not prohibit the provision of on street parking along the public streets within the commercial center. Additionally, the Applicants proffer to provide detailed lighting plans for each commercial site plan that provides for the type of light fixture to be used and demonstrates foot-candle levels throughout the limits of each commercial site to ensure compliance with ordinance standards. 5. The Applicants hereby proffer to guarantee the completion of 10,000 square feet of cormercial floor space prior to the issuance of the building permit for the 6001h dwelling unit, exclusive of building permits for model homes. File #3800WG/2008 Conditional Zoning Amendment/EAW Greenway Engineering September 1, 2005; Revised November 4, 2005 6 Revised November 30, 2005; Revised May 18, 2006 Revised June 27, 2006; Revised September 26, 2006 Revised October 24, 2006; Revised November 18, 2006 Revised December 11, 2006; Revised January 4, 2007 Revised February 12, 2007; Revised October 14, 2008 November 17, 2008; Revised January 14, 2009 6. The Applicants hereby proffer to guarantee the construction of an additional 10,000 square feet of commercial floor space after the issuance of the 6001h building permit, but no later than the issuance of the 1,000th building permit, exclusive of building permits for model homes. 7. The Applicants hereby proffer to prohibit the following commercial land uses within Willow Run: ➢ Gasoline Service Stations and Outdoor Gasoline Pumps ➢ Exterior Boarding Kennels ➢ Electric, Gas & Other Utility Transmission and Distribution Facilities -➢ Automotive Dealers & Automotive Repair ➢ Golf Driving Ranges & Miniature Golf Courses ➢ Electrical Supplies (Wholesale) ➢ Hardware, Plumbing & Heating Equipment (Wholesale) ➢ Commercial Outdoor Batting Cages ➢ Adult Retail ➢ All land uses within the B3, Industrial Transition District and M1, Light Industrial District that are not otherwise permitted in the B2, Business General District. ➢ No individual tenant or owner shall be permitted to occupy a single floor area greater than 50,000 square feet except for grocery stores, indoor motion picture theaters, indoor amusement and recreational services and the aquatic center. C.) Master Development Plan 1. The Master Development Plan is intended to delineate the general location of all road systems including the new interchange at Route 37 using the existing bridge, Jubal Early Drive from the City of Winchester to the new interchange at Route 37, the commercial and residential main street, the location of residential and commercial development areas, the location of residential land uses, the location of the community center park area and neighborhood park areas, and the general location of the extended Green Circle pedestrian and bicycle facility within Willow Run. The Applicants have identified elements of the Master Development Plan that are intended to be flexible that can be revised without the requirement of a conditional zoning amendment for the proffered Master Development Plan. These standards are described within Modification #1 - Master Development Plan Flexible Design Elements of the Community Design Modification Document dated February 12, 2007 submitted as a proffered document for this rezoning application. File #3800WG/2008 Conditional Zoning Amendment/EAW Greenway Engineering September 1, 2005; Revised November 4, 2005 7 Revised November 30, 2005; Revised May 18, 2006 Revised June 27, 2006; Revised September 26, 2006 Revised October 24, 2006; Revised November 18, 2006 Revised December 11, 2006; Revised January 4, 2007 Revised February 12, 2007; Revised October 14, 2008 November 17, 2008; Revised January 14, 2009 D.) Transportation Enhancements 1. The Applicants hereby proffer to fully fund and construct Jubal Early Drive as a four -lane divided landscaped median section, including the realignment of Meadow Branch Avenue from the current terminus in the City of Winchester to Route 37 as described in proffers D(2) — D(4). The Applicants hereby proffer to dedicate the right-of-way for Jubal Early Drive between the City of Winchester and Merriman's Lane to Frederick County prior to the issuance of the 200th building permit. Bonding for this dedicated right-of-way shall be provided during the construction phases of Jubal Early Drive specified in proffers D(2) — D(4). 2. The Applicants hereby proffer to fully fund and construct the four -lane divided landscaped median section of Jubal Early Drive from the current terminus in the City of Winchester to the second intersection identified on the proffered Master Development Plan which shall be des i ned and constructed to base pavement prior to issuance of the 300 residential building permit and bonded to ensure that the top coat of asphalt is guaranteed. 3. The Applicants hereby proffer to fully fund and construct the four -lane divided landscaped median section of Jubal Early Drive from the terminus of the completed phase at the second intersection to the first commercial center intersection identified on the proffered Master Development Plan which shall be designed and constructed to base pavement prior to issuance of 450th residential building permit and bonded to ensure that the top coat of asphalt is guaranteed. 4. The Applicants hereby proffer to fully fund and construct the four -lane divided landscape median section of Jubal Early Drive from terminus of the completed phase at the first commmercial center intersection to the Route 37 northbound on and off ramps which shall be designed and constructed to base pavement prior to issuance of 600th residential building permit and bonded to ensure that the top coat of asphalt is guaranteed. 5. The Applicants hereby proffer to fully fund and construct the new Route 37/Jubal Early Drive interchange northbound and southbound on and off ramps utilizing roundabout design and using the existing bridge structure. The Applicants shall commence construction of this improvement in calendar year 2012 with completion no later than calendar year 2015, or completion no later than the issuance of the File #3800WG/2008 Conditional Zoning AmendmenUEAW Greenway Engineering September 1, 2005; Revised November 4, 2005 8 Revised November 30, 2005; Revised May 18, 2006 Revised June 27, 2006; Revised September 26, 2006 Revised October 24, 2006; Revised November 18, 2006 Revised December 11, 2006; Revised January 4, 2007 Revised February 12, 2007; Revised October 14, 2008 November 17, 2008; Revised January 14, 2009 600th building permit, whichever occurs first. The Applicants shall meet all applicable requirements of VDOT necessary to maintain the construction permit for this improvement through its completion, and shall provide VDOT with dedicated right-of-way dedication for the northbound and southbound on and off ramps, including the two-lane roundabout on the east side of Route 37, no later than December 1, 2008. Furthermore, the Applicants proffer to allow the developer construction dollars to be utilized as matching funds unconditionally by Frederick County for additional transportation system improvements. 6. The Applicants hereby proffer to fully fund and construct the realignment of approximately 1,000 feet of the two-lane section of Merriman's Lane (Route 621) to the north of Jubal Early Drive to create a "T" intersection, which shall be designed and constructed to base pavement prior to issuance of the 6001h residential building permit and bonded to ensure that the top coat of asphalt is guaranteed. 7. The Applicants hereby proffer to fully fund and construct the extension of Cidermill Lane from the current terminus in the City of Winchester into the Property. The extension of Cidermill Lane shall be barricaded until the Applicants have completed the construction of Jubal Early Drive and the new Route 37/Jubal Early Drive interchange northbound and southbound on and off ramps. The barricade for Cidermill Lane shall include a sign advising adjoining neighbors of the planned continuation of this road. 8. The Applicants hereby proffer to execute a signalization agreement with VDOT to fully fund traffic signalization with pedestrian actualization at the intersection of Jubal Early Drive and Meadow Branch Avenue. This traffic signal shall be installed when warranted by VDOT. 9. The Applicants hereby proffer to execute a signalization agreement with VDOT to fully fund traffic signalization with pedestrian actualization at the intersection of Jubal Early Drive and the Merriman's Lane north realignment. This traffic signal shall be installed when warranted by VDOT. 10. The Applicants hereby proffer the construction of frontage improvements along Cedar Creek Grade on the Property as demonstrated on the proffered Willow Run Cedar Creek Grade/Birchmont Drive Improvements Exhibit dated February 12, File #3800WG/2008 Conditional Zoning Amendment/EAW Greenway Engineering September 1, 2005; Revised November 4, 2005 9 Revised November 30, 2005; Revised May 18, 2006 Revised June 27, 2006; Revised September 26, 2006 Revised October 24, 2006; Revised November 18, 2006 Revised December 11, 2006; Revised January 4, 2007 Revised February 12, 2007; Revised October 14, 2008 November 17, 2008; Revised January 14, 2009 2007. These improvements shall be installed prior to the issuance of any residential occupancy permit that is solely dependent upon this intersection for ingress and egress, exclusive of model homes, and in any event shall be installed no later than the issuance of the 200t1' residential permit. Additionally, the Applicants proffer to dedicate the 20-foot right-of-way area demonstrated on the proffered Willow Run Cedar Creek Grade/Birchmont Drive Improvements Exhibit dated February 12, 2007 at such time as requested by VDOT. 11. The Applicants hereby proffer to design Birchmont Drive to provide for traffic chokers and/or chicanes at three locations along the street system, The locations of these traffic calming features shall be provided on the Subdivision Design Plan within proximity of the northern, central and southern portions of Birchmont Drive. 12. The Applicants hereby proffer to execute a signalization agreement with VDOT to fully fund traffic signalization at the intersection of Cedar Creek Grade and Birchmont Drive. This traffic signal shall be installed when warranted by VDOT. 13. The Applicants hereby proffer to fully fund and construct a connection between Cedar Creek Grade and Jubal Early Drive to base pavement using Birchmont Drive or a combination of Birchmont Drive and Station Hill Drive by the issuance of the 2001h residential building permit, exclusive of model homes. 14. The Applicants hereby proffer to provide a monetary contribution to the City of Winchester totaling $100,000.00 to mitigate off -site transportation impacts to street intersections that will experience traffic flow degradation as a result of the development of Willow Run as indicated in the Willow Run Traffic Impact Analysis. This monetary contribution shall be provided to the City of Winchester in four annual payments of $25,000.00 each, of which, the first payment shall occur 12 months from the date of final non -appealable rezoning approval with the remaining payments being made in 12-month increments from the date of the first payment. Said monetary contribution may be utilized as snatching funds for transportation programs utilized by the City of Winchester. Evidence of these monetary contribution payments shall be provided to the Frederick County Planning Department. File #3800WG/2008 Conditional Zoning Amendment/EAW Greenway Engineering September 1, 2005; Revised November 4, 2005 10 Revised November 30, 2005; Revised May 18, 2006 Revised June 27, 2006; Revised September 26, 2006 Revised October 24, 2006; Revised November 18, 2006 Revised December 11, 2006; Revised January 4, 2007 Revised February 12, 2007; Revised October 14, 2008 November 17, 2008; Revised January 14, 2009 15. The Applicants hereby proffer to construct all subdivision streets to the ultimate section as identified on the VDOT typical section sheet of the proffered Master Development Plan. 16. Where private alley systems are utilized within Willow Run, the Applicants hereby proffer to design and construct the private alley systems as one-way travel within a minimum 14-foot wide easement having a minimum of 12 feet of pavement with mountable curb on each side of the pavement along the entire alleyway, and as two-way travel within a minimum 20-foot easement having a minimum of 18 feet of pavement with mountable curb on each side Of the pavement along the entire alleyway. The vertical sectional dimension of pavement thickness and compacted base thickness will meet public street pavement standards utilized by the Virginia Department of Transportation. All private alleys that intersect other private alleys at 90-degree angles or have turns at 90-degree angles shall provide for a minimum turning radius of 30 feet. The maintenance of all private alley systems shall be the responsibility of the POA or sub - associations for Willow Run. E.) Monetary Contributions 1. The Applicants hereby proffer a monetary contribution for each dwelling unit that is non -age restricted in the amount of $9,078 to mitigate impacts to capital facilities as identified in the Frederick County Capital Facilities Fiscal Impact Model — Output Module prepared by the Frederick County Planning Department on July 21, 2005. This monetary contribution provides for the total fiscal impacts for non -age restricted dwelling units, as commercial fiscal credit is only given for' 10,000 square feet of the 20,000 square feet of commercial land use that is guaranteed in Sections B(5) and B(6) of this Proffer Statement. This monetary contribution shall be provided to Frederick County at the time of building permit issuance for each non -age restricted dwelling unit. 2. The Applicants hereby proffer a monetary contribution for each age - restricted dwelling unit in the amount Of $2,000.00 to mitigate impacts to all County services, exclusive of Public Schools as identified in the Frederick County Capital Facilities Fiscal Impact Model — Output Module prepared by the Frederick County Planning Department on July 21, 2005. This monetary contribution shall be provided to File #3800WG/2008 Conditional Zoning Amendment/EAW 0 i Greenway Engineering September I, 2005; Revised November 4, 2005 11 Revised November 30, 2005; Revised May 18, 2006 Revised June 27, 2006; Revised September 26, 2006 Revised October 24, 2006; Revised November 18, 2006 Revised December 11, 2006; Revised January 4, 2007 Revised February 12, 2007; Revised October 14, 2008 November 17, 2008; Revised January 14, 2009 Frederick County at the time of building permit issuance for each age - restricted dwelling unit. 3. In addition to the monetary proffers provided for fire and rescue service as part of the proffer set forth in Section E(1) above, the Applicants hereby proffer to contribute a total of $50,000.00 to further support the Round Hill and Shawnee Volunteer Fire and Rescue Companies in Frederick County and the City of Winchester, which will provide first response service to Willow Run. The $50,000.00 monetary contribution shall be provided through separate payments of $25,000.00 to Frederick County and $25,000.00 to the City of Winchester. These payments shall be provided to each locality at the time of building permit issuance for the first residential dwelling unit within Willow Run. Additionally, the Applicants will establish a provision in the POA or sub -associations' documents, which will provide a payment of $100.00 per occupied residential unit on an annual basis to the City of Winchester for Fire and Rescue Services. This payment to the City of Winchester for Fire and Rescue Services shall continue until such at time that a new Route 37 interchange is developed at Jubal Early Drive with southbound off -ramp access. Evidence of the payments to the City of Winchester described in this section shall be provided to the Frederick County Planning Department. 4. The Applicants hereby proffer to provide $1000.00 for each non -age restricted residential lot to Frederick County for the purpose of site acquisition funding or school construction for the Public School system. This payment shall be provided at the time of building permit issuance for each non -age restricted residential dwelling unit within Willow Run. 5. The monetary contributions identified in the Frederick County Capital Facilities Fiscal Impact Model — Output Module prepared by the Frederick County Planning Department on July 21, 2005 shall be limited to that amount for all building permits issued for the initial 30 months following approval of the final non -appealable proffered Master Development Plan, which was approved on February 28, 2007. All monetary contributions paid after the 30-month timetable shall be adjusted every 24 months in accordance with the Urban Consumer Price Index ("CPfi-U") published by the United States Department of Labor, subject to a cap of 4% per year, non -compounded. File #3800WG/2008 Conditional Zoning Amendment/EAW Greenway Engineering September 1, 2005; Revised November 4, 2005 12 Revised November 30, 2005; Revised May 18, 2006 Revised June 27, 2006; Revised September 26, 2006 Revised October 24, 2006; Revised November 18, 2006 Revised December 11, 2006; Revised January 4, 2007 Revised February 12, 2007; Revised October 14, 2008 November 17, 2008; Revised January 14, 2009 F.) Community Recreation 1. The Applicants hereby proffer to construct a community center building that is an enclosed, year round heated facility with restrooms and a catering kitchen facility that is a minimum of 4,000 square feet in floor area, which shall count towards the active recreational amenity requirement for Willow Run. The community center building shall be bonded no later than the issuance of the 400`h building permit and shall be constructed and available for use by residents of Willow Run prior to the issuance of the 600th building permit. The maintenance of the community center building shall be the responsibility of the POA or sub -associations for Willow Run. In the event that Frederick County does not acquire the 5-acre aquatic center site specified in Section B(2) of this proffer statement, the Applicants hereby proffer to provide for an outdoor community pool facility with a combined water surface area of 3,500 square feet, which shall be completed prior to the issuance of the 6001h residential permit. 2. The Applicants hereby proffer to construct a community center building for the exclusive use of the age -restricted portion of Willow Run that is an enclosed, year round heated facility with restrooms and a catering kitchen facility that is a minimum of 2,000 square feet in floor area and shall count towards the active recreational amenity requirement for Willow Run. The age -restricted community center building shall be bonded in conjunction with the first Subdivision Design Plan approved for the age -restricted community and shall be constructed and available for use prior to the issuance of the building permit for the 601h age -restricted dwelling unit. The maintenance of the age -restricted community center building shall be the responsibility of the POA or sub -associations for Willow Run. 3. The Applicants hereby proffer to design and construct a public extension of the Green Circle pedestrian and bicycle facility located along the south side of Jubal Early Drive that connects the developed portion within the City of Winchester throughout the limits of the commercial center area. This public pedestrian and bicycle facility shall be 10 feet in width and have an asphalt surface, and shall count towards the active recreational amenity requirement for Willow Run. This facility shall be constructed concurrently with the adjoining sections of Jubal Early Drive as specified in Sections D(2) — D(4) of this Proffer Statement. File lt3800WG/2008 Conditional Zoning Amendment/EAW Greenway Engineering September 1, 2005; Revised November 4, 2005 13 Revised November 30, 2005; Revised May 18, 2006 Revised June 27, 2006; Revised September 26, 2006 Revised October 24, 2006; Revised November 18, 2006 Revised December 11, 2006; Revised January 4, 2007 Revised February 12, 2007; Revised October 14, 2008 November 17, 2008; Revised January 14, 2009 4. The Applicants hereby proffer to design and construct an internal pedestrian trail system, which shall count towards the active recreational amenity requirement for Willow Run. This internal pedestrian trail system shall be six feet in width and have an asphalt surface. The various segments of the internal trail system shall be bonded, the open space dedicated and constructed in conjunction with each residential section in which the trail system is located. The internal pedestrian trail system shall be private and shall be owned and maintained by the POA or sub -associations for Willow Run. A public access easement shall be established along the portion of the internal pedestrian trail system located around the 5-acre man-made water feature and along the segment continuing south along Sandyridge Boulevard. G.) Community Curbside 'Trash Collection 1. The Applicants hereby proffer to provide commercial trash pickup and waste removal service to all residential land uses and the community center facilities within Willow Run. The commercial trash pickup and waste removal service shall be established by deed covenant and shall be assigned to the POA or sub -associations at such time as identified in the legal documents setting forth the guidelines for the Willow Run POA. The commercial trash pickup and waste removal service shall remain in effect and be the responsibility of the POA or sub - association until such time as this service is provided by Frederick County or other municipal providers. H.) Creation of Property Owners Association (POA) 1. A POA or sub -associations shall be created by the Applicants in conformity with the Virginia Property Owners' Association Act (Title 55, Chapter 26 of the Code of Virginia, 1950, as amended). The POA or sub -associations shall have title to and/or responsibility for: a. All common areas including, but not limited to, buffer areas, internal pedestrian trail systems and stormwater management facilities not otherwise dedicated to public use or maintained by commercial entities. File #3800WG/2008 Conditional Zoning AmendmenUEAW Greenway Engineering September 1, 2005; Revised November 4, 2005 14 Revised November 30, 2005; Revised May 18, 2006 Revised June 27, 2006; Revised September 26, 2006 Revised October 24, 2006; Revised November 18, 2006 Revised December 1 i, 2006; Revised January 4, 2007 Revised February 12, 2007; Revised October 14, 2008 November 17, 2008; Revised January 14, 2009 b. Maintenance of private streets and alleyways. C. Residential curbside trash collection. d. Maintenance of community structures and facilities called for under Sections F(1) through F(4) above. 2. The Applicants hereby proffer to incorporate into the Declaration creating the Willow Run POA or sub -associations, provisions creating an Architectural Review Board ("ARB"). The purpose of the ARB will be to review and approve all initial construction applications, and exterior additions and alterations to the existing commercial structures and dwelling units within Willow Run to ensure that all design guidelines established by the Applicants are met, together with all such other duties and responsibilities as may be imposed by the Declaration. 3. The Applicants hereby proffer to incorporate into the Declaration creating the Willow Run POA or sub -associations, provisions establishing an assessment to be collected at the time of the initial transfer of title to any residential lot in Willow Run (whether to a builder or otherwise) as well as at the time of any subsequent transfer of title. Such sums shall be paid to the POA or sub -association, as appropriate, for use in the maintenance and upkeep of the common areas, as determined by the Board of Directors of the POA. I.) Environmental 1. The Applicants hereby proffer to identify and delineate a developmentally sensitive area ("DSA") boundary on the proffered Master Development Plan. The DSA will identify the location of wetland areas. Information regarding potential impacts within the DSA and methods for mitigation will be incorporated as a component of the Subdivision Design Plans or Site Development Plans for any portion of the Property that adjoins wetland areas. 2. The Applicants hereby proffer to conduct a geotechnical analysis on all residential lots that are platted within 100 feet of the major karst feature located on tax map parcel 53-((A))-91 prior to the issuance of building permits for such lots. File #3800WG/2008 Conditional Zoning Amendment/EAW Greenway Engineering September 1, 2005; Revised November 4, 2005 15 Revised November 30, 2005; Revised May 18, 2006 Revised June 27, 2006; Revised September 26, 2006 Revised October 24, 2006; Revised November 18, 2006 Revised December 11, 2006; Revised January 4, 2007 Revised February 12, 2007; Revised October 14, 2008 November 17, 2008; Revised January 14, 2009 3. The Applicants hereby proffer to provide a resource protection area ("RPA") buffer of 50 feet adjacent to the DSA boundary adjoining wetland areas. No portion of any residential lot will be platted within the DSA. Additionally, commercial development shall not occur within the DSA. The only disturbance that will be permitted within the DSA or the RPA adjacent to wetland areas will be for road crossing, utility crossing and pedestrian and bicycle facility crossing. 4. The Applicants hereby proffer to develop a landscaping plan as an enhancement for the wetland areas located on the south side of Jubal Early Drive and provide for the planting of all elements of the plan during the first favorable planting season subsequent to wetlands disturbance. The Applicants will establish language within the POA or sub -association documents which provides for the maintenance of the landscaping described above and allows the Shenandoah University Environmental Studies Department access to this area for the purpose of studying and monitoring this wetland enhancement project as an outdoor land lab educational opportunity. 5. The Applicants hereby proffer that all commercial site plans and the community center site plans submitted to Frederick County will be designed to implement Best Management Practices (`BMW") to promote stormwater quality measures. A statement will be provided on each commercial site plan and on the community center site plans identifying the party or parties responsible for maintaining these BMP facilities as a condition of site plan approval. File #3800WG/2008 Conditional Zoning Amendment/EAW 01 Greenway Engineering September 1, 2005; Revised November 4, 2005 16 Revised November 30, 2005; Revised May 18, 2006 Revised June 27, 2006; Revised September 26, 2006 Revised October 24, 2006; Revised November 18, 2006 Revised December 11, 2006; Revised January 4, 2007 Revised February 12, 2007; Revised October 14, 2008 November 17, 2008; Revised January 14, 2009 J.) Signatures The conditions proffered above shall be binding upon the assigns and successors in the interest of the Applicants who constitute the owners of the Property. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the proffered conditions set forth in this proffer statement, the foregoing proffered conditions shall apply to the Property rezoned in addition to other requirements set forth in the Ordinance. Respectfully Submitted: B y_ -z3 --® Wow Grove C. Date Commonwealth of Virginia, City/c-'Cfof t� To Wit: The foregoing instrument was acknowledged before me this 3 day of AEV, r4 2 y 20 07 by S %'6PgE f D. ulg l re ........--.. �NS;CON9 John T. Conrad NOTARY PUBLIC :o _.. ;. Commonwealth of Virginia 9 :.0 OF- Reg. # 7163184 o ...........: �. , My Commission Expires. nnnuuu September 30, 2012 My Commission Expires V Notary Public File #3800WG/2008 Conditional Zoning Amendment/EAW Greenway Engineering September 1, 2005; Revised November 4, 2005 17 Revised November 30, 2005; Revised May 18, 2006 Revised June 27, 2006; Revised September 26, 2006 Revised October 24, 2006; Revised November 18, 2006 Revised December 11, 2006; Revised January 4, 2007 Revised February 12, 2007; Revised October 14, 2008 November 17, 2008; Revised January 14, 2009 J.) Sil4natures The conditions proffered above shall be binding upon the assigns and successors in the interest of the Applicants who constitute the owners of the Property. hi the event the Frederick County Board of Supervisors grants this rezoning and accepts the proffered conditions set forth in this proffer statement, the foregoing proffered conditions shall apply to the Property rezoned in addition to other requirements set forth in the Ordinance. By: 740 LLG Date Commonwealth of Virginia, 6 yjfturltq of U, //V Cad i F, vt- To Wit: The foregoing instrument was acknowledged before me this 6' day Q WA- 200q by 4C. ?/D& E, L �( Wli/7 , _ JR 1. co •'�o?oNwFg9a-:; John T. Conrad NOTARY PUBLIC Commonwealth of Virginia - :moo OF . Reg. # 7163184 4Notary L�AGIN�� U ,' °�r9AY P�� • My Commission Expires Public September 30, 2012 My Commission Expires File #3800WG/2008 Conditional Zoning AmendmcnUEAW Greenway Engineering September 1, 2005; Revised November 4, 2005 Revised November 30, 2005; Revised May 18, 2006 Revised June 27, 2006; Revised September 26, 2006 Revised October 24, 2006; Revised November 18, 2006 Revised December 11, 2006; Revised January 4, 2007 Revised February 12, 2007; Revised October 14, 2008 November 17, 2008; Revised January 14, 2009 The conditions proffered above shall be binding upon the assigns and successors in the interest of the Applicants who constitute the owners of the Property. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the proffered conditions set forth in this proffer statement, the foregoing proffered conditions shall apply to the Property rezoned in addition to other requirements set forth in the Ordinance. By. 50 LLC Commonwealth of Virginia, City/ rt of I� i -S TE 4'Z— To Wit: The foregoing instrument was acknowledged before me this 3 day of F & ieV 42_y 206 7 by :S % .9pl4 e ff D. l/d/ !f 1 % & ,N�oN,, John T. Conrad aoNWF -.10 NOTARY PUBLIC ,,•`°�o Commonwealth of Virginia OF _ Reg. # 7163184 My Commission Expires September 30, 2012 My Commission Expires iy Notary Public File #3800WG/2008 Conditional Zoning Amendment/EAW 0 • Greenway Engineering September 1, 2005; Revised November 4, 2005 19 Revised November 30, 2005; Revised May 18, 2006 Revised June 27, 2006; Revised September 26, 2006 Revised October 24, 2006; Revised November 18, 2006 Revised December 11, 2006; Revised January 4, 2007 Revised February 12, 2007; Revised October 14, 2008 November 17, 2008; Revised January 14, 2009 J.) Signatures The conditions proffered above shall be binding upon the assigns and successors in the interest of the Applicants who constitute the owners of the Property. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the proffered conditions set forth in this proffer statement, the foregoing proffered conditions shall apply to the Property rezoned in addition to other requirements set forth in the Ordinance. I Miller and Smit at illow Run L.L.C. Date By: Miller and Smith, Inc., Manager By: Charles F. Stuart, Jr., Senior Vice President Commonwealth of Virginia, City/County of FA -I �� To Wit: The foregoing instrument was acknowledged before me this Z,077-1 day of 2001 20 O� by _ W F.S-vaf�, Jr. otary Public My Commission Expires RI.50 ZO) 0 File #3800WG/2008 Conditional Zoning AmendmenUEAW Greenway Engineering September 1, 2005; Revised November 4, 2005 20 Revised November 30, 2005; Revised May 18, 2006 Revised June 27, 2006; Revised September 26, 2006 Revised October 24, 2006; Revised November 18, 2006 Revised December 11, 2006; Revised January 4, 2007 Revised February 12, 2007; Revised October 14, 2008 November 17, 2008; Revised January 14, 2009 J.) Sil4natures The conditions proffered above shall be binding upon the assigns and successors in the interest of the Applicants who constitute the owners of the Property. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the proffered conditions set forth in this proffer statement, the foregoing proffered conditions shall apply to the Property rezoned in addition to other requirements set forth in the Ordinance. By: L� Lo r, '/ Greystone Properties LLC Date Commonwealth of Virginia, pity/County of �z To Wit: The foregoing instrument was acknowledged before me this a((day of 2009 by Notai Public My Commission Expires 'X, - '�o coo/ CINDY GROVE NOTARY PUBLIC Commonwealth of Virginia Reg.#184054 File #3800WG/2008 Conditional Zoning Amendment/GAW Greenway Engineering September 1, 2005; Revised November 4, 200546 Revised November 30, 2005; Revised May 18, 2006 Revised June 27, 2006; Revised September 26, 2006 Revised October 24, 2006; Revised November 18, 2006 Revised December 11, 2006; Revised January 4, 2007 Revised February 12, 2007; October 14, 2008; November 17, 2008 WILLOW RUN TRADITIONAL NEIGHBORHOOD DEVELOPMENT PROFFER STATEMENT REZONING: RZ# f - QV Residential Planned Community (R4) District with Approved Proffers dated February 12, 2007 to Residential Planned Community (R4) District with Revised Proffers (359.97± acres) PROPERTY: 359.97±-acres (here -in after the "PROPERTY") Tax Map Parcels 53-((A))-90; 53. ((A))-91; 53-((A))-92; 53-((A))- 92A; 53-((A))-92B; 53-((A))-94; 53-((3))-A & 63-((A))-2A RECORD OWNER: Willow Grove L.C.; 740 LLC; 750 LLC; Miller and Smith at Willow Run L.L.C.; Greystone Properties, LLC APPLICANT: Willow Grove L.C.; 740 LLC; 750 LLC; Miller and Smith at Willow Run L.L.C.; Greystone Properties, LLC PROJECT NAME: WILLOW RUN ORIGINAL DATE September 1, 2005 OF PROFFERS: REVISION DATE: November 4, 2005; November 30, 2005; May 18, 2006; June 27, 2006; September 26, 2006; October 24, 2006; November 18, 2006; December 11, 2006; January 4, 2007; February 12, 2007; October 14, 2008; November 17, 2008 Preliminary Matters Pursuant to Section 15.2-2296 et. seq. of the Code of Virginia, (1950, as amended), (the "Code") and the provisions of the Frederick County Zoning Ordinance (the "Ordinance") with respect to conditional zoning, the undersigned Applicants (as hereinafter defined) hereby proffer that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #ALOV for the rezoning of 359.97± acres from the Residential Planned Community (R4) District with Approved Proffers dated February 12, 2007 to the Residential Planned Community (R4) District with Revised Proffers, 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 Applicants (as hereinafter File #3800WG/2008 Conditional Zoning Amendment/EAW Greenway Engineering September 1, 2005; Revised November 4, 200540 2 Revised November 30, 2005; Revised May 18, 2006 Revised June 27, 2006; Revised September 26, 2006 Revised October 24, 2006; Revised November 18, 2006 Revised December 11, 2006; Revised January 4, 2007 Revised February 12, 2007; October 14, 2008; November 17, 2008 defined) and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and shall have no binding effect whatsoever. Upon approval of such rezoning, these proffers shall be binding upon the Applicants (as hereinafter defined) and their successors and assigns. The subject property, identified as Willow Run, and more particularly described as the lands owned by Willow Grove L.C., 740 LLC, 750 LLC, Miller and Smith at Willow Run, L.L.C., and Greystone Properties, LLC, (the "Applicants") being all of Tax Map Parcels 53-((A))-90, 53-((A))-91, 53-((A))-92, 53-((A))-92A, 53-((A))-92B, 53-((A))-94, 53-((3))-A and 63-((A))-2A; and further as shown on the Final Plat for Boundary Line Adjustment Between the Lands of Willow Grove L.C. and Miller and Smith at Willow Run, L.L.C., prepared by Marsh & Legge Land Surveyors, P.L.C. dated April 27, 2004, together with the Deed for Greystone Properties, LLC, from Pembroke Cove Properties, L.L.C. , recorded as Instrument # 030024683 and containing an attached plat prepared by Marsh & Legge Land Surveyors, P.L.C. recorded in Deed Book 886 Page 447 and an attached plat prepared by Lee A. Ebert, C.L.S. recorded in Deed Book 543 Page 247, together with the Deed for Miller and Smith at Willow Run, L.L.C., from Melco, Inc., recorded as Instrument # 040017302 (collectively, the "Property"). PROFFER STATEMENT A.) Residential Land Use 1. The Applicants hereby proffer to limit the total number of residential units to 1,390 dwelling units, exclusive of the existing residential units on the subject properties. 2. The Applicants hereby proffer to limit the number of residential building permits to a maximum of 200 building permits during each calendar year until the buildout of Willow Run, exclusive of age - restricted residential units and model homes. The Applicants shall be permitted to carry forward up to a maximum of 100 residential building permits that are not obtained during each calendar year to the ensuing calendar year; however, in no case shall the number of residential building permits, including age -restricted residential units, exceed a total of 300 issued in any calendar year. 3. The Applicants hereby proffer to provide for a mixture of housing types within Willow Run consistent with the minimum and maximum percentages and permitted housing types identified in the Willow Run Residential Unit Matrix as set forth below: File #3800WG/2008 Conditional Zoning Amendment/EAW Greenway Engineering • September 1, 2005; Revised November 4, 20050 3 Revised November 30, 2005; Revised May 18, 2006 Revised June 27, 2006; Revised September 26, 2006 Revised October 24, 2006; Revised November 18, 2006 Revised December 11, 2006; Revised January 4, 2007 Revised February 12, 2007; October 14, 2008; November 17, 2008 Willow Run Residential Unit Matrix Category Minimum Maximum Housing Types Permitted % of Units % of Units Single -Family 20% 35% RP District SFD; 35' SFD lot; 45' SFD Detached lot; 55' SFD lot Single -Family 20% 40% Duplex; Multiplex; Atrium House; Attached Weak -Link Townhouse; Townhouse Multifamily 20% 30% Condominium; Apartments; Residential Above Commercial Age -Restricted 5% 20% Single -Family Small Lot; Duplex; Multiplex 4. The Applicants hereby proffer to develop age -restricted dwelling units within Willow Run, the total number of which shall fall within a 5% minimum to 20% maximum range of the total number of residential units. Except to the extent otherwise prohibited by the Virginia Fair Housing Law, the Federal Fair Housing Law, and other applicable federal, state, or local legal requirements, any dwelling unit within the portions of the Property identified as age -restricted housing shall be restricted to housing for older persons as defined in Va. Code Ann. § 36-96.7, or a surviving spouse not so qualifying. No person under 19 years of age shall be permitted to be regularly domiciled or to reside permanently therein. The restriction provided for herein shall also be in the form of a restrictive covenant with respect to the residential portion of the Property designated as age -restricted, and any Property Owners Association (POA) or sub -associations created with respect thereto shall have assigned responsibility for the enforcement and administration of the said age -restricted covenant. 5. The Applicants hereby proffer to provide a double row of evergreen trees between the southern most residential structure and Cedar Creek File lt3800WG/2008 Conditional Zoning Amendment/EAW Greenway Engineering September 1, 2005; Revised November 4, 2005� 4 Revised November 30, 2005; Revised May 18, 2006 Revised June 27, 2006; Revised September 26, 2006 Revised October 24, 2006; Revised November 18, 2006 Revised December 11, 2006; Revised January 4, 2007 Revised February 12, 2007; October 14, 2008; November 17, 2008 Grade to minimize viewshed impacts from the Homespun property. The double row of evergreen trees shall be planted on 10-foot centers and shall be a minimum of four feet in height when planted. These trees shall be planted in conjunction with the improvements specified in Section D(10) of this Proffer Statement. 6. The Applicants hereby proffer to conduct a Phase I Archaeological Assessment of the Penbrook Cove farmstead (#34-1236) area located within proposed age -restricted portion of the Property. The Phase I Archaeological Assessment will be conducted prior to approval of the Subdivision Design Plan for the age -restricted community and will be in conformance with Virginia Department of Historic Resource standards. The Applicants will utilize this information for display within the age -restricted community center building for the benefit of the residents of the age -restricted community. B.) Commercial Land Use 1. The Applicants hereby proffer to designate a commercial center area and neighborhood commercial area along the Jubal Early Drive corridor as delineated on the proffered Willow Run Master Development Plan. The commercial center area and neighborhood commercial area shall be a minimum of 32.4 acres, which constitutes 9% of the targeted 10% total commercial area specified by Ordinance. The Applicants proffer to apply for a rezoning of the Merriman's Lane (Route 621) right-of-way within 6 months of abandonment by VDOT. This land area will be merged and absorbed into the commercial center area following rezoning approval. The Applicants proffer of right-of- way dedication for the new Route 37/Jubal Early Drive interchange shall not count towards the total commercial acreage; however, should additional right-of-way for said interchange be needed in the future, the Applicants shall not be required to provide additional commercial acreage. 2. The Applicants hereby proffer to deed a 5-acre site to Frederick County within the commercial center area to allow for the development of an aquatic center. The Applicants shall receive recreational value credit for this acreage, which shall be the appraised value at time of dedication; however, the aquatic center shall not count towards the commercial floor space that is guaranteed in Sections B(5) and B(6). The 5-acre site shall be available to Frederick County for a period of 5 years beginning in calendar year 2009 from the date of File #3800WG/2008 Conditional Zoning Amcndment/EAW Greenway Engineering 0 September 1, 2005; Revised November 4, 2005* 5 Revised November 30, 2005; Revised May 18, 2006 Revised June 27, 2006; Revised September 26, 2006 Revised October 24, 2006; Revised November 18, 2006 Revised December 11, 2006; Revised January 4, 2007 Revised February 12, 2007; October 14, 2008; November 17, 2008 final non -appealable rezoning approval. Should Frederick County accept the 5-acre site in writing, this acreage shall be legally subdivided and deeded to Frederick County by the Applicants in conjunction with the bonding of the public street or the acceptance of the public street serving this site. If the County does not request the 5- acre site for the aquatic center within the time specified in this section, the proffer to deed the 5-acre site shall become null and void and the Applicants shall provide the recreational amenities specified in Section F(1) of this proffer statement. 3. The Applicants hereby proffer to utilize similar construction materials and similar development themes for all commercial development within Willow Run. The principal construction materials that are visible from the adjacent community streets shall be limited to brick, stone, artificial stone, simulated stucco, cementous siding, wood, glass, standing seam metal, dimensional shingles, or false roof systems. These construction materials shall be utilized on all building walls and rooflines. Additionally, the Applicants proffer to restrict business signs to monument style that are a maximum of 15 feet in height and to building mounted signs. Furthermore, the Applicants proffer to incorporate into the Willow Run Property Owners Association ("POA") Declaration or sub -association declaration provisions creating an Architectural Review Board ("ARB") master organization, which shall be responsible for the review and approval of all exterior construction materials for commercial development. 4. The Applicants hereby proffer to design the commercial center to ensure that no parking lots are located between the commercial buildings fronting along Jubal Early Drive and Sandyridge Boulevard (Main Street) and those street systems. This standard shall not prohibit the provision of on street parking along the public streets within the commercial center. Additionally, the Applicants proffer to provide detailed lighting plans for each commercial site plan that provides for the type of light fixture to be used and demonstrates foot-candle levels throughout the limits of each commercial site to ensure compliance with ordinance standards. 5. The Applicants hereby proffer to guarantee the completion of 10,000 square feet of commercial floor space prior to the issuance of the building permit for the 600th dwelling unit, exclusive of building permits for model homes. 6. The Applicants hereby proffer to guarantee the construction of an additional 10,000 square feet of commercial floor space after the File #3800WG/2008 Conditional Zoning Amcndment/EAW Greenway Engineering September 1, 2005; Revised November 4, 2005� 6 Revised November 30, 2005; Revised May 18, 2006 Revised June 27, 2006; Revised September 26, 2006 Revised October 24, 2006; Revised November 18, 2006 Revised December 11, 2006; Revised January 4, 2007 Revised February 12, 2007; October 14, 2008; November 17, 2008 issuance of the 600t1i building permit, but no later than the issuance of the 1,000th building permit, exclusive of building permits for model homes. 7. The Applicants hereby proffer to prohibit the following commercial land uses within Willow Run: ➢ Gasoline Service Stations and Outdoor Gasoline Pumps ➢ Exterior Boarding Kennels ➢ Electric, Gas & Other Utility Transmission and Distribution Facilities ➢ Automotive Dealers & Automotive Repair ➢ Golf Driving Ranges & Miniature Golf Courses ➢ Electrical Supplies (Wholesale) ➢ Hardware, Plumbing & Heating Equipment (Wholesale) ➢ Commercial Outdoor Batting Cages ➢ Adult Retail ➢ All land uses within the B3, Industrial Transition District and M1, Light Industrial District that are not otherwise permitted in the B2, Business General District. ➢ No individual tenant or owner shall be permitted to occupy a single floor area greater than 50,000 square feet except for grocery stores, indoor motion picture theaters, indoor amusement and recreational services and the aquatic center. C.) Master Development Plan 1. The Master Development Plan is intended to delineate the general location of all road systems including the new interchange at Route 37 using the existing bridge, Jubal Early Drive from the City of Winchester to the new interchange at Route 37, the commercial and residential main street, the location of residential and commercial development areas, the location of residential land uses, the location of the community center park area and neighborhood park areas, and the general location of the extended Green Circle pedestrian and bicycle facility within Willow Run. The Applicants have identified elements of the Master Development Plan that are intended to be flexible that can be revised without the requirement of a conditional zoning amendment for the proffered Master Development Plan. These standards are described within Modification #1 - Master Development Plan Flexible Design Elements of the Community Design Modification Document dated February 12, 2007 submitted as a proffered document for this rezoning application. File #3800WG/2008 Conditional Zoning Amendment/EAW Greenway Engineering September I, 2005; Revised November 4, 2005 7 Revised November 30, 2005; Revised May 18, 2006 Revised June 27, 2006; Revised September 26, 2006 Revised October 24, 2006; Revised November 18, 2006 Revised December 11, 2006; Revised January 4, 2007 Revised February 12, 2007; October 14, 2008; November 17, 2008 D.) Transportation Enhancements 1. The Applicants hereby proffer to fully fund and construct Jubal Early Drive as a four -lane divided landscaped median section, including the realignment of Meadow Branch Avenue from the current terminus in the City of Winchester to Route 37 as described in proffers D(2) — D(4). The Applicants hereby proffer to dedicate the right-of-way for Jubal Early Drive between the City of Winchester and Merriman's Lane to Frederick County prior to the issuance of the 200th building permit. Bonding for this dedicated right-of-way shall be provided during the construction phases of Jubal Early Drive specified in proffers D(2) — D(4). 2. The Applicants hereby proffer to fully fund and construct the four -lane divided landscaped median section of Jubal Early Drive from the current terminus in the City of Winchester to the second intersection identified On the proffered Master Development Plan which shall be deli ned and constructed to base pavement prior to issuance of the 300t residential building permit and bonded to ensure that the top coat of asphalt is guaranteed. 3. The Applicants hereby proffer to fully fund and construct the four -lane divided landscaped median section of Jubal Early Drive from the terminus of the completed phase at the second intersection to the first commercial center intersection identified on the proffered Master Development Plan which shall be designed and constructed to base pavement prior to issuance of 450th residential building permit and bonded to ensure that the top coat of asphalt is guaranteed. 4. The Applicants hereby proffer to fully fund and construct the four -lane divided landscape median section of Jubal Early Drive from terminus of the completed phase at the first commercial center intersection to the Route 37 northbound on and off ramps which shall be designed and constructed to base pavement prior to issuance of 6001h residential building permit and bonded to ensure that the top coat of asphalt is guaranteed. 5. The Applicants hereby proffer to fully fund and construct the new Route 37/Jubal Early Drive interchange northbound and southbound on and off ramps utilizing roundabout design and using the existing bridge structure. The Applicants shall commence construction of this improvement in calendar year 2012 with completion no later than calendar year 2015, or completion no later than the issuance of the File #3800WG/2008 Conditional Zoning Amendment/EAW Greenway Engineering September 1, 2005; Revised November 4, 2005• 8 Revised November 30, 2005; Revised May 18, 2006 Revised June 27, 2006; Revised September 26, 2006 Revised October 24, 2006; Revised November 18, 2006 Revised December 11, 2006; Revised January 4, 2007 Revised February 12, 2007; October 14, 2008; November 17, 2008 600°i building permit, whichever occurs first. The Applicants shall meet all applicable requirements of VDOT necessary to maintain the construction permit for this improvement through its completion, and shall provide VDOT with dedicated right-of-way dedication for the northbound and southbound on and off ramps, including the two-lane roundabout on the east side of Route 37, no later than December 1, 2008. Furthermore, the Applicants proffer to allow the developer construction dollars to be utilized as matching funds unconditionally by Frederick County for additional transportation system improvements. 6. The Applicants hereby proffer to fully fund and construct the realignment of approximately 1,000 feet of the two-lane section of Merriman's Lane (Route 621) to the north of Jubal Early Drive to create a "T" intersection, which shall be designed and constructed to base pavement prior to issuance of the 600th residential building permit and bonded to ensure that the top coat of asphalt is guaranteed. 7. The Applicants hereby proffer to fully fund and construct the extension of Cidermill Lane from the current terminus in the City of Winchester into the Property. The extension of Cidermill Lane shall be barricaded until the Applicants have completed the construction of Jubal Early Drive and the new Route 37/Jubal Early Drive interchange northbound and southbound on and off ramps. The barricade for Cidermill Lane shall include a sign advising adjoining neighbors of the planned continuation of this road. 8. The Applicants hereby proffer to execute a signalization agreement with VDOT to fully fund traffic signalization with pedestrian actualization at the intersection of Jubal Early Drive and Meadow Branch Avenue. This traffic signal shall be installed when warranted by VDOT. 9. The Applicants hereby proffer to execute a signalization agreement with VDOT to fully fund traffic signalization with pedestrian actualization at the intersection of Jubal Early Drive and the Merriman's Lane north realignment. This traffic signal shall be installed when warranted by VDOT. 10. The Applicants hereby proffer the construction of frontage improvements along Cedar Creek Grade on the Property as demonstrated on the proffered Willow Run Cedar Creek Grade/Birchmont Drive Improvements Exhibit dated February 12, 2007. These improvements shall be installed prior to the issuance of File #3800WG/2008 Conditional Zoning Amendment/EAW Greenway Engineering • September 1, 2005; Revised November 4, 2005� 9 Revised November 30, 2005; Revised May 18, 2006 Revised June 27, 2006; Revised September 26, 2006 Revised October 24, 2006; Revised November 18, 2006 Revised December 11, 2006; Revised January 4, 2007 Revised February 12, 2007; October 14, 2008; November 17, 2008 any residential occupancy permit that is solely dependent upon this intersection for ingress and egress, exclusive of model homes, and in any event shall be installed no later than the issuance of the 2001b residential permit. Additionally, the Applicants proffer to dedicate the 20-foot right-of-way area demonstrated on the proffered Willow Run Cedar Creek Grade/Birchmont Drive Improvements Exhibit dated February 12, 2007 at such time as requested by VDOT. 11. The Applicants hereby proffer to design Birchmont Drive to provide for traffic chokers and/or chicanes at three locations along the street system. The locations of these traffic calming features shall be provided on the Subdivision Design Plan within proximity of the northern, central and southern portions of Birchmont Drive. 12. The Applicants hereby proffer to execute a signalization agreement with VDOT to fully fund traffic signalization at the intersection of Cedar Creek Grade and Birchmont Drive. This traffic signal shall be installed when warranted by VDOT. 13. The Applicants hereby proffer to fully fund and construct a connection between Cedar Creek Grade and Jubal Early Drive to base pavement using Birchmont Drive or a combination of Birchmont Drive and Station Hill Drive by the issuance of the 200t" residential building permit, exclusive of model homes. 14. The Applicants hereby proffer to provide a monetary contribution to the City of Winchester totaling $100,000.00 to mitigate off -site transportation impacts to street intersections that will experience traffic flow degradation as a result of the development of Willow Run as indicated in the Willow Run Traffic Impact Analysis. This monetary contribution shall be provided to the City of Winchester in four annual payments of $25,000.00 each, of which, the first payment shall occur 12 months from the date of final non -appealable rezoning approval with the remaining payments being made in 12-month increments from the date of the first payment. Said monetary contribution may be utilized as matching funds for transportation programs utilized by the City of Winchester. Evidence of these monetary contribution payments shall be provided to the Frederick County Planning Department. 15. The Applicants hereby proffer to construct all subdivision streets to the ultimate section as identified on the VDOT typical section sheet of the proffered Master Development Plan. File #3800WG/2008 Conditional Zoning Amendment/EAW Greenway Engineering • September 1, 2005; Revised November 4, 2005 10 Revised November 30, 2005; Revised May 18, 2006 Revised June 27, 2006; Revised September 26, 2006 Revised October 24, 2006; Revised November 18, 2006 Revised December 11, 2006; Revised January 4, 2007 Revised February 12, 2007; October 14, 2008; November 17, 2008 16. Where private alley systems are utilized within Willow Run, the Applicants hereby proffer to design and construct the private alley systems as one-way travel within a minimum 14-foot wide easement having a minimum of 12 feet of pavement with mountable curb on each side of the pavement along the entire alleyway, and as two-way travel within a minimum 20-foot easement having a minimum of 18 feet of pavement with mountable curb on each side of the pavement along the entire alleyway. The vertical sectional dimension of pavement thickness and compacted base thickness will meet public street pavement standards utilized by the Virginia Department of Transportation. All private alleys that intersect other private alleys at 90-degree angles or have turns at 90-degree angles shall provide for a minimum turning radius of 30 feet. The maintenance of all private alley systems shall be the responsibility of the POA or sub - associations for Willow Run. E.) Monetary Contributions 1. The Applicants hereby proffer a monetary contribution for each dwelling unit that is non -age restricted in the amount of $9,078 to mitigate impacts to capital facilities as identified in the Frederick County Capital Facilities Fiscal Impact Model — Output Module prepared by the Frederick County Planning Department on July 21, 2005. This monetary contribution provides for the total fiscal impacts for non -age restricted dwelling units, as commercial fiscal credit is only given for 10,000 square feet of the 20,000 square feet of commercial land use that is guaranteed in Sections B(5) and B(6) of this Proffer Statement. This monetary contribution shall be provided to Frederick County at the time of building permit issuance for each non -age restricted dwelling unit. 2. The Applicants hereby proffer a monetary contribution for each age - restricted dwelling unit in the amount of $2,000.00 to mitigate impacts to all County services, exclusive of Public Schools as identified in the Frederick County Capital Facilities Fiscal Impact Model — Output Module prepared by the Frederick County Planning Department on July 21, 2005. This monetary contribution shall be provided to Frederick County at the time of building permit issuance for each age - restricted dwelling unit. Fite #3800WG/2008 Conditional Zoning Amendment/EAW Greenway Engineering • September 1, 2005; Revised November 4, 20050 I l Revised November 30, 2005; Revised May 18, 2006 Revised June 27, 2006; Revised September 26, 2006 Revised October 24, 2006; Revised November 18, 2006 Revised December 11, 2006; Revised January 4, 2007 Revised February 12, 2007; October 14, 2008; November 17, 2008 3. In addition to the monetary proffers provided for fire and rescue service as part of the proffer set forth in Section E(1) above, the Applicants hereby proffer to contribute a total of $50,000.00 to further support the Round Hill and Shawnee Volunteer Fire and Rescue Companies in Frederick County and the City of Winchester, which will provide first response service to Willow Run. The $50,000.00 monetary contribution shall be provided through separate payments of $25,000.00 to Frederick County and $25,000.00 to the City of Winchester. These payments shall be provided to each locality at the time of building permit issuance for the first residential dwelling unit within Willow Run. Additionally, the Applicants will establish a provision in the POA or sub -associations' documents, which will provide a payment of $100.00 per occupied residential unit on an annual basis to the City of Winchester for Fire and Rescue Services. This payment to the City of Winchester for Fire and Rescue Services shall continue until such at time that a new Route 37 interchange is developed at Jubal Early Drive with southbound off -ramp access. Evidence of the payments to the City of Winchester described in this section shall be provided to the Frederick County Planning Department. 4. The Applicants hereby proffer to provide $1000.00 for each non -age restricted residential lot to Frederick County for the purpose of site acquisition funding or school construction for the Public School system. This payment shall be provided at the time of building permit issuance for each non -age restricted residential dwelling unit within Willow Run. 5. The monetary contributions identified in the Frederick County Capital Facilities Fiscal Impact Model — Output Module prepared by the Frederick County Planning Department on July 21, 2005 shall be limited to that amount for all building permits issued for the initial 30 months following approval of the final non -appealable proffered Master Development Plan. All monetary contributions paid after the 30-month timetable shall be adjusted every 24 months in accordance with the Urban Consumer Price Index ("CPI-U") published by the United States Department of Labor, subject to a cap of 4% per year, non -compounded. File #3800WG/2008 Conditional Zoning Amendment/EAW Greenway Engineering • September 1, 2005; Revised November 4, 2005* 12 Revised November 30, 2005; Revised May 18, 2006 Revised June 27, 2006; Revised September 26, 2006 Revised October 24, 2006; Revised November 18, 2006 Revised December 11, 2006; Revised January 4, 2007 Revised February 12, 2007; October 14, 2008; November 17, 2008 F.) Community Recreation 1. The Applicants hereby proffer to construct a community center building that is an enclosed, year round heated facility with restrooms and a catering kitchen facility that is a minimum of 4,000 square feet in floor area, which shall count towards the active recreational amenity requirement for Willow Run. The community center building shall be bonded no later than the issuance of the 400th building permit and shall be constructed and available for use by residents of Willow Run prior to the issuance of the 6001h building permit. The maintenance of the community center building shall be the responsibility of the POA or sub -associations for Willow Run. In the event that Frederick County does not acquire the 5-acre aquatic center site specified in Section B(2) of this proffer statement, the Applicants hereby proffer to provide for an outdoor community pool facility with a combined water surface area of 3,500 square feet, which shall be completed prior to the issuance of the 6001h residential permit. 2. The Applicants hereby proffer to construct a community center building for the exclusive use of the age -restricted portion of Willow Run that is an enclosed, year round heated facility with restrooms and a catering kitchen facility that is a minimum of 2,000 square feet in floor area and shall count towards the active recreational amenity requirement for Willow Run. The age -restricted community center building shall be bonded in conjunction with the first Subdivision Design Plan approved for the age -restricted community and shall be constructed and available for use prior to the issuance of the building permit for the 60th age -restricted dwelling unit. The maintenance of the age -restricted community center building shall be the responsibility of the POA or sub -associations for Willow Run. 3. The Applicants hereby proffer to design and construct a public extension of the Green Circle pedestrian and bicycle facility located along the south side of Jubal Early Drive that connects the developed portion within the City of Winchester throughout the limits of the commercial center area. This public pedestrian and bicycle facility shall be 10 feet in width and have an asphalt surface, and shall count towards the active recreational amenity requirement for Willow Run. This facility shall be constructed concurrently with the adjoining sections of Jubal Early Drive as specified in Sections D(2) — D(4) of this Proffer Statement. File H3800WG/2008 Conditional Zoning Amendment/EAW Greenway Engineering • September 1, 2005; Revised November 4, 2005* 13 Revised November 30, 2005; Revised May 18, 2006 Revised June 27, 2006; Revised September 26, 2006 Revised October 24, 2006; Revised November 18, 2006 Revised December 11, 2006; Revised January 4, 2007 Revised February 12, 2007; October 14, 2008; November 17, 2008 4. The Applicants hereby proffer to design and construct an internal pedestrian trail system, which shall count towards the active recreational amenity requirement for Willow Run. This internal pedestrian trail system shall be six feet in width and have an asphalt surface. The various segments of the internal trail system shall be bonded, the open space dedicated and constructed in conjunction with each residential section in which the trail system is located. The internal pedestrian trail system shall be private and shall be owned and maintained by the POA or sub -associations for Willow Run. A public access easement shall be established along the portion of the internal pedestrian trail system located around the 5-acre man-made water feature and along the segment continuing south along Sandyridge Boulevard. G.) Community Curbside Trash Collection 1. The Applicants hereby proffer to provide commercial trash pickup and waste removal service to all residential land uses and the community center facilities within Willow Run. The commercial trash pickup and waste removal service shall be established by deed covenant and shall be assigned to the POA or sub -associations at such time as identified in the legal documents setting forth the guidelines for the Willow Run POA. The commercial trash pickup and waste removal service shall remain in effect and be the responsibility of the POA or sub - association until such time as this service is provided by Frederick County or other municipal providers. H.) Creation of Property Owners Association (POA) 1. A POA or sub -associations shall be created by the Applicants in conformity with the Virginia Property Owners' Association Act (Title 55, Chapter 26 of the Code of Virginia, 1950, as amended). The POA or sub -associations shall have title to and/or responsibility for: a. All common areas including, but not limited to, buffer areas, internal pedestrian trail systems and stormwater management facilities not otherwise dedicated to public use or maintained by commercial entities. b. Maintenance of private streets and alleyways. File #3800WG/2008 Conditional Zoning Amendment/EAW Greenway Engineering • September 1, 2005; Revised November 4, 20050 14 Revised November 30, 2005; Revised May 18, 2006 Revised June 27, 2006; Revised September 26, 2006 Revised October 24, 2006; Revised November 18, 2006 Revised December 11, 2006; Revised January 4, 2007 Revised February 12, 2007; October 14, 2008; November 17, 2008 C. Residential curbside trash collection. d. Maintenance of community structures and facilities called for under Sections F(1) through F(4) above. 2. The Applicants hereby proffer to incorporate into the Declaration creating the Willow Run POA or sub -associations, provisions creating an Architectural Review Board ("ARB"). The purpose of the ARB will be to review and approve all initial construction applications, and exterior additions and alterations to the existing commercial structures and dwelling units within Willow Run to ensure that all design guidelines established by the Applicants are met, together with all such other duties and responsibilities as may be imposed by the Declaration. 3. The Applicants hereby proffer to incorporate into the Declaration creating the Willow Run POA or sub -associations, provisions establishing an assessment to be collected at the time of the initial transfer of title to any residential lot in Willow Run (whether to a builder or otherwise) as well as at the time of any subsequent transfer of title. Such sums shall be paid to the POA or sub -association, as appropriate, for use in the maintenance and upkeep of the common areas, as determined by the Board of Directors of the POA. L) Environmental 1. The Applicants hereby proffer to identify and delineate a developmentally sensitive area ("DSA") boundary on the proffered Master Development Plan. The DSA will identify the location of wetland areas. hiformation regarding potential impacts within the DSA and methods for mitigation will be incorporated as a component of the Subdivision Design Plans or Site Development Plans for any portion of the Property that adjoins wetland areas. 2. The Applicants hereby proffer to conduct a geotechnical analysis on all residential lots that are platted within 100 feet of the major karst feature located on tax map parcel 53-((A))-91 prior to the issuance of building permits for such lots. 3. The Applicants hereby proffer to provide a resource protection area ("RPA") buffer of 50 feet adjacent to the DSA boundary adjoining wetland areas. No portion of any residential lot will be platted within File 413800WG/2008 Conditional Zoning AmcndmenUEAW Greenway Engineering September 1, 2005; Revised November 4, 20050 15 Revised November 30, 2005; Revised May 18, 2006 Revised June 27, 2006; Revised September 26, 2006 Revised October 24, 2006; Revised November 18, 2006 Revised December 11, 2006; Revised January 4, 2007 Revised February 12, 2007; October 14, 2008; November 17, 2008 the DSA. Additionally, commercial development shall not occur within the DSA. The only disturbance that will be permitted within the DSA or the RPA adjacent to wetland areas will be for road crossing, utility crossing and pedestrian and bicycle facility crossing. 4. The Applicants hereby proffer to develop a landscaping plan as an enhancement for the wetland areas located on the south side of Jubal Early Drive and provide for the planting of all elements of the plan during the first favorable planting season subsequent to wetlands disturbance. The Applicants will establish language within the POA or sub -association documents which provides for the maintenance of the landscaping described above and allows the Shenandoah University Environmental Studies Department access to this area for the purpose of studying and monitoring this wetland enhancement project as an outdoor land lab educational opportunity. 5. The Applicants hereby proffer that all commercial site plans and the community center site plans submitted to Frederick County will be designed to implement Best Management Practices ("BN P") to promote stormwater quality measures. A statement will be provided on each commercial site plan and on the community center site plans identifying the party or parties responsible for maintaining these BMP facilities as a condition of site plan approval. File #3800WG/2008 Conditional Zoning Amendment/EAW Greenway Engineering • September 1, 2005; Revised November 4, 200• 16 Revised November 30, 2005; Revised May 18, 2006 Revised June 27, 2006; Revised September 26, 2006 Revised October 24, 2006; Revised November 18, 2006 Revised December 11, 2006; Revised January 4, 2007 Revised Pebroary 12, 2007; October 14, 2008; November 17, 2008 J.) Signatures The conditions proffered above shall be binding upon the assigns and successors in the interest of the Applicants who constitute the owners of the Property. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the proffered conditions set forth in this proffer statement, the foregoing proffered conditions shall apply to the Property rezoned in addition to other requirements set forth in the Ordinance. Respectfully Submitted: By: low Grove L.C. Date Commonwealth of Virginia, City/County of Fig ED E l� I C l < To Wit: The foregoing instrument was acknowledged before me this % day of 200 by P N Ety D7 9/J 1 rE ............. O/ John T. Conrad 'yn'4or+C '�9a'-. NOTARY PUBLIC i7 0` or 9�a.. = Commonwealth of Virginia '•. _ .......... Reg. # 7163181 M Commission Gniairea Y My Coi'iYnil'ssion Exp1i`�'sorYiher 30, 2012 j Z� 7Z �' Notary Public Pile 113800WG/2008 Conditional Zoning Amendmert/EAW Greenway Engineering September 1, 2005; Revised November 4, 20050 17 Revised November 30, 2005; Revised May 18, 2006 Revised June 27, 2006; Revised September 26, 2006 Revised October 24, 2006; Revised November 18, 2006 Revised December 11, 2006; Revised January 4, 2007 Revised February 12, 2007; October 14, 2008; November 17, 2008 J.) Signatures The conditions proffered above shall be binding upon the assigns and successors in the interest of the Applicants who constitute the owners of the Property. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the proffered conditions set forth in this proffer statement, the foregoing proffered conditions shall apply to the Property rezoned in addition to other requirements set forth in the Ordinance. By: 740 LL ' bate Commonwealth of Virginia, City/County of F;ME-CI Gl � To Wit: The foregoing instrument was acknowledged before me this % day of )vtme - 200 Y by WI106aEe— 17-E s co" John T. Conrad .` )�••,�?ONIYF9 :9p'': NOTARY PUBLIC OF �_ Commonwealth Of Virginici :? L/GIN\P'(" �rgnY ` Reg. # 7163184 My Commission EXpIrf35 Scptei hor 30, 2012 My Commission Expires jZt,7ZL4:0�1 Notary Public File 113800WG/2008 Conditional Zoning Arnendrnenl/EAW Greenway Engineering • September 1, 2005; Revised November 4,2000 18 Revised November 30, 2005; Revised May 18, 2006 Revised June 27, 2006; Revised September 26, 2006 Revised October 24, 2006; Revised November 18, 2006 Revised December 11, 2006; Revised January 4, 2007 Revised February 12, 2007; October 14, 2008; November 17, 2008 J.) Signatures The conditions proffered above shall be binding upon the assigns and successors in the interest of the Applicants who constitute the owners of the Property. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the proffered conditions set forth in this proffer statement, the foregoing proffered conditions shall apply to the Property rezoned in addition to other requirements set forth in the Ordinance. By: // —/� C, 8 7,56 LLC Date Commonwealth of Virginia, City/County of tR JO e'e I G To Wit: The foregoing instrument was acknowledged before me this /(? day of 6UF-146 Ed, 200,? by S-T 6 PH- Ed D . 1/l %k ) %" �9p John T. Conrad AoN K'cq '; NOTARY PUBLIC OF �_ Commonwealth of Virginia '•. �.,,ror%G�N°•��c, = Reg. $t 716318,E My Commission Expires �Y PV �,,,811,,,,,,� °' September 30, 2012 My Commission Expires "2 TeWA�l Notary Public File 113800WG/2008 Conditional Zoning Amendment/EAW Greenway Engineering • September 1, 2005; Revised November 4, 2000 19 Revised November 30, 2005; Revised May 18, 2006 Revised .Tune 27, 2006; Revised September 26, 2006 Revised October 24, 2006; Revised November 18, 2006 Revised December 11, 2006; Revised January 4, 2007 Revised February 12, 2007; October 14, 2008; November 17, 2008 J.) Signatures The conditions proffered above shall be binding upon the assigns and successors in the interest of the Applicants who constitute the owners of the Property. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the proffered conditions set forth in this proffer statement, the foregoing proffered conditions shall apply to the Property rezoned in addition to other requirements set forth in the Ordinance. /'/1 y, , Miller and Smith a illow Run L.L.C. Date By: Miller and Smith, Inc., Manager By: Charles F. Stuart, Jr., Senior Vice President Commonwealth of Virginia, City/County of FA-(V- t5 A: To Wit: The foregoing instrument was acknowledged before me this 200$< by Ckyv-tes F • S�ua,4- J)'. My Commission Expires V3 (/ z o /0 I 'day of I�H6ffl bri 9!?7 P13� Notary Public File 113800WG/2008 Conditional Zoning Amendment/EAW September I, 2005; Revised November 4, 2005 Revised November 30, 2005; Revised May 18, 2006 Revised June 27, 2006; Revised September 26, 2006 Revised October 24, 2006; Revised November 18, 2006 Revised December 11, 2006; Revised January 4, 2007 Revised February 12, 2007; October 14, 2008, November 17, 2008 The conditions proffered above shall be binding upon the assigns and successors in the interest of the Applicants who constitute the owners of the Property. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the proffered conditions set forth in this proffer statement, the foregoing proffered conditions shall apply to the Property rezoned in addition to other requirements set Greystorie Properties LLC Commonwealth of Virginia, CityfCounty of The foregoing instrument was acknowledged before me thisN'Y�, day of Notary P lic My Commission Expires 00 O /6 CINDY GROVE NOTARY PUBLIC Commonwealth of Virginia Reg.#184054 • • I II TRANSPORTATION ENHANCEMENTS1 PROFFER 1300) I� � O � Z � O � PROPOSED AV ^I" DEDICAT- ION EXISTINQ CrkQ -.FtCREI (ROUTE 622) - a W EX. w a PAVEMENT I -+ O x RTE. 37 EXISTING PAVEMENT L PROPOSED PAVEMENT / r, • PROPOSED 20' R/W DEDICATION PRpED/C 20, R/w V i T AT1ON -9----- -- G; EX. PAVEMENT CITY OF WINCHESTERT W T W 0 z z oG 2m ` x z u 3mi V �QW�g 3uol� U a 0 W U wn INNI r..ls ail DYDDI® YT pY ID1 ND. YgDY] ODiI 1 DI 1 GREENWAY ENGINEERING, INC. 151 Windy 1 fill Lane Winchester, Virginia 22602 i Founded in 1971 October 14, 2008 Frederick County Planning Department Attn: Michael Ruddy, Deputy Planning Director 107 North Kent Street Winchester, VA 22601 RE: Willow Run Conditional Zoning_ Amendment Dear Mike: As you are aware, the Willow Run property owners desire to amend their Proffer Statement that was approved by the Frederick County Board of Supervisors on February 28, 2007. The purpose for this amendment is to request an extension of time to begin and complete the proposed new Route 37 interchange improvements at the location of the future Jubal Early Drive extension. The approved Proffer Statement requires the property owners to commence construction of the new interchange within 24 months of final non - appealable rezoning approval (March 28, 2009), and complete construction within 60 months (March 28, 2012) or by the issuance of the 600th residential permit, whichever occurs first. The property owners desire to extend this time line to commence construction of the new interchange in calendar year 2012 and complete construction in calendar year 2015. The following information provides an evaluation of the property owners' request and its impact to the Willow Run project: ➢ The approved proffer statement allows for Willow Run to obtain 200 residential building permits on an annual basis. To date, no building permits have been approved for this project and the property owners do not intend to obtain any building permits in calendar year 2008 due to current economic conditions. ➢ The traffic impact analysis (TIA) dated June 22, 2006 was prepared as a two- phase study. Phase one of this study was based on the development of 599 residential units, which did not call for the extension of Juba] Early Drive to Route 37 and did not call for the construction of the new Route 37 interchange. ➢ The approved proffer statement provides for a 5-acre land dedication area for a new aquatic center within the Willow Run commercial center Should Frederick County desire to locate within the project. Access to this future site is dependent upon the new Route 37 interchange; therefore, the property owners have extended Engineers Surveyors Planners Environmental Scientists Telephone 540-662-4185 FAX 540-722-9528 Project #3800WG www.greenwayeng.com r the time line option for land dedication to December 31, 2015 to coincide with the extended time line for the new interchange improvement. ➢ The property owners have been actively working with VDOT officials through design and permitting for the new Route 37 interchange. The revised Proffer Statement commits to right-of-way dedication for the new Route 37 interchange by December 1, 2008, as well as for the annual renewal of the construction permit that has been issued by VDOT to ensure that the limited access break approval granted by the Commonwealth Transportation Board (CTB) is not compromised. This evaluation demonstrates that there would not be an adverse impact to Frederick County should the decision be made to extend the time line for construction of the new Route 37 interchange. The proposed revisions to the property owners' Proffer Statement provide safeguards to ensure that the CTB approval remains in place and provides the right-of-way for this improvement at this time. Additionally, the revised Proffer Statement is structured to ensure that construction of the new Route 37 interchange follows the TIA that was accepted during the rezoning process in the unlikely event that significant new residential development occurs within the Willow Run project. Please contact me if you have any questions regarding the information in this letter, or if there is any additional information that would be beneficial for this evaluation. Sincerely, Evan Watt, AICP Greenway Engineering Cc: Matt Smith, VDOT John Bishop, Deputy Transportation Director Willow Run Property Owners Project #3800WG z COUNTY of FREDERICK 8 2008 Roderick B. Williams County Attorney 540/722-8383 Fax 540/667-0370 E-mail: rwillia@co.frederick.va.us December 5, 2008 VIA FACSIMILE — (540) 722-9528 — AND REGULAR MAIL Mr. Evan Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 Re: Rezoning Application — Willow Run Revised Proffer Statement dated November 17, 2008 Dear Evan: I have reviewed the above -referenced proposed revised Proffer Statement dated November 17, 2008. Again, as in my letter of November 14, 2008, I note that my comments do not supersede any comments made regarding the Proffer Statement dated February 12, 2007, which is in force as a result of the 2007 rezoning of the subject property. Subject to those comments, to the extent relevant, and the following, it is my opinion that the revised Proffer Statement dated November 17, 2008 would be in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, and would be legally sufficient as a proffer statement: Proffer B2 remains unclear as to the timing of the dedication of the 5-acre site to the County. Specifically, the Proffer says that the site would be deeded "in conjunction with the bondingof f the public street or the acceptance of the public street serving the site". I have underlined the new language added, but it would appear that a question remains as to the precise timing of "in conjunction with". Also, would fulfillment of this requirement be required to occur by the earlier of the bonding of the public street or the acceptance of the public street? Along similar lines, the Proffer might state more clearly that the 5-year sunset clause merely requires the County to indicate its desire to accept the site within that time, by stating that the events triggering the dedication need not actually occur within that time. 2. Proffer D5 still contains a date, December 1, 2008, that is before any possible approval of the rezoning (in fact, it has now passed) and, as such, it would appear that the Applicants need to explain their process for compliance, especially 107 North Kent Street • Winchester, Virginia 22601 0 0 Mr. Evan Wyatt, AICP December 5, 2008 Page 2 whether they will perform the proposed obligation irrespective of whether the County approves the rezoning. Also, regarding the dedication itself, in the revised statement "to provide VDOT with dedicated right-of-way dedication", it appears that the word "dedicated" before "right-of-way" may be deleted. 3. Proffer E5 remains unclear as to whether the commencement date of the 30- month period, during which the proffer amounts are not subject to CPI adjustment, is to be based upon the already -adopted approval of the rezoning (in 2007) or any approval of the rezoning now requested. If the Applicants intend or desire the latter, then I note for staff that this may represent a significant reduction in the present value of the amounts proffered. I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for this specific development, as it is my understanding that that review will be done by staff and the Planning Commission. Sincerely yours, ORoderick B. diiam�s County Attorney cc: Mr. Michael T. Ruddy, AICP, Deputy Director, Frederick County Planning and Development ►] COUNTY of FREDERICK Roderick B. Williams County Attorney 540/722-8383 Fax 540/667-0370 E-mail: rwillia@co.frederick.va.us November 14, 2008 VIA FACSIMILE — (540) 722-9528 — AND REGULAR MAIL ,vir. Evan vJyar, Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 Re: Rezoning Application — Willow Run Revised Proffer Statement dated October 14, 2008 Dear Evan: I have reviewed the above -referenced proposed revised Proffer Statement dated October 14, 2008. Because this is a revision based upon the Proffer Statement dated February 12, 2007, which was accepted in conjunction with the most recent rezoning of the subject properties, I incorporate by reference here the comments in Bob Mitchell's letters to Susan Eddy, dated October 23, 2006 and January 23, 2007, to the extent that the Proffer Statement dated February 12, 2007 did not address those comments. It is my opinion that the revised Proffer Statement dated October 14, 2008 would be in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, and would be legally sufficient as a proffer statement, subject to the above reference to previous comments and to the following: 1. Before "Preliminary Matters", in the item designated "REZONING:", the description following the rezoning number should be "Residential Planned Community (R4) District with Approved Proffers dated February 12, 2007 to the Residential Planned Community (R4) District with Revised Proffers". This would match the language in the first paragraph of "Preliminary Matters". 2. Proffer B2 is unclear as to the timing of dedication of the 5-acre site to the County. Specifically, the Proffer says that the site would be deeded "in conjunction with the acceptance of the public street serving the site". Does this mean that the site would under no circumstances be deeded before acceptance of the public street or, if not, under what circumstances would the site be deeded? Along similar lines, the Proffer should clarify if the 5-year sunset clause merely requires the County to indicate its desire to accept the site within that time or whether the dedication must actually occur within that 107 North Kent Street • Winchester, Virginia 22601 Mr. Evan Wyatt, AICP• November 14, 2008 Page 2 time. If the latter, such a requirement could be problematic in light of the public street acceptance provision. 3. Proffer D5 states that the Applicants "shall provide VDOT with all necessary right-of-way dedication plats for the northbound and southbound on and off ramps, including the two-lane roundabout on the east side of Route 37, no later than December 1, 2008". This is unclear, in particular regarding whether the Applicants intend actually to dedicate the subject right-of-ways, as opposed merely to preparing a plat. Language along the lines of that proposed to be stricken — "the Applicants hereby proffer to dedicate right-of-way ..." — and which incorporates a specific deadline would be clearer. Also, the particular date currently stated, December 1, 2008, is a date that would be before any possible approval of the rezoning and, as such, it would appear that the Applicants need to explain their process for compliance, especially whether they will perform the proposed obligation irrespective of whether the County approves the rezoning. 4. Proffer E5 is not entirely clear as to whether the commencement date of the 30- month period, during which the proffer amounts are not subject to CPI adjustment, is to be based upon the already -adopted approval of the rezoning (in 2007) or any approval of the rezoning now requested. If the Applicants intend or desire the latter, then I note for staff that this may represent a significant reduction in the present value of the amounts proffered I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for this specific development, as it is my understanding that that review will be done by staff and the Planning Commission. Sincerely yours, 2, � Roderick B. Williams County Attorney cc: Mr. Michael T. Ruddy, AICP, Deputy Director, Frederick County Planning and Development k• �s.-.�rrm _ t'm.,1! NOV 16 20�J0 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 TO: Evan Wyatt, AICP FROM: Michael T. Ruddy, AICP r-% . ,,+,, Tl::.: ilVvi.o RE: Initial Rezoning Comments — Willow Run Conditional Zoning Amendment. DATE: November 6, 2008 The following comments are offered regarding the Willow Run Conditional Zoning Amendment submitted to this department for review on October 17, 2008. Please consider them as you continue your work preparing the application for submission to Frederick County. Transportation Proffer D) 5 With the initial rezoning of this property, the Applicants made a commitment to the County to advance and implement a significant component of the County's long range transportation plan, the construction of the new Route 37/Jubal Early Drive interchange and its associated features. The commitment is to commence this improvement within two years of the original approval of the rezoning; this date, March 28, 2009 is approaching. The Applicant's commitment further ensured that this improvement would be completed by 2012. This request seeks to modify this commitment, allowing the Applicant to commence construction in 2012, and complete construction of this improvement in 2015. This is a delay of approximately three and one half years from the original deadline or five and one half years from the date of original rezoning. This proffer includes new language committing the Applicant to complete certain things that are necessary for the approval of this improvement by a date, December 1, 2008. This proffer may be problematic as it is likely that this date will have passed prior to the County's review of this conditional rezoning amendment. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Willow Run Conditional Rezoning Amendment Comments November 6, 2008 Page 2 General Proffer Statement Proffer B) 2 Please address the following concerns regarding the language change for the process for deeding or dedicating the five acre site for the aquatic center. • The initial language which states that the five acre site shall be deeded to Frederick County within 90 days of written request by the County was deemed acceptable by the Board of Supervisors and remains the preferred mechanism for obtaining this site. The proposed revision states that should Frederick County accept the live acre site, this acreage shaii be iegaily subdivided and deeded to Frederick County by the Applicants in conjunction with the acceptance of the public street serving this site. It would appear as though the Public Street serving this site may not be completed prior to the five year sunset clause. This would be a problem. • It would be preferable to remove the five year sunset clause on this proposed dedication of land to Frederick County. • Planning concurs with the comments offered by County Parks and Recreation regarding the benefits of holding the potential uses of this proposed land dedication open for other public uses. The proffer should provide as much flexibility as possible to the County to determine the best public use for the site. This is very important given the recent opening of nearby Valley Health System's Pool and Fitness facility and the evaluation by the County' s Parks & Recreation Department that this may not be the preferred site for an Aquatic Center. A public site in this location, however, would remain a desirable dedication. Proffer E) Monetary Contributions Monetary contributions to offset the impact of this development on County capital facilities were provided in the original rezoning. These contributions were based upon a 2005 year impact model evaluation and totaled $9,078 per each non age restricted dweiiing unit and $2,000 per each age resUlewd dwelling uniL. f icasu 1ccogaizo ,flat the current values are substantially higher. I have attached the current DIM expectations for your information. Proffer E) 5 This proffer addresses the increase in the monetary contributions based upon the CPI. As this recalculation timeframe is approaching, it may be beneficial to provide a current adjustment value for the future monetary contributions. MTR/bad Attachments 0 MEMO _ To: Mike Ruddy, Planning .De �rtment From: James M. Doran, Director J Subject: Willow Run Subdivision Date: November 4, 2008 COUNTY of FREDERICK Parks and Recreation Department James M. Doran, Director 540-665-5678 FAX: 540-665-9687 www.co. frederick.va.us c-mail: fcprd cr,co.fredcrick.va.us Please find attached the Parks and Recreation Department's comments relative to the requested proffer adjustment for this development. As noted, staff believes the proposed extension of time the county would have to consider development of the five acre site, being proffered for an Aquatic/Recreation Center, is appropriate. Ilowever, given the fact Winchester Medical Center has just completed a similar facility within a mile of this location; the Parks and Recreation Department recommends that an alternate site be selected for a future county owned and operated Aquatic/Recreation Center. Although this may no longer be the best location for the Aquatic/Recreation Center, it may be in the best interest of the county to hold onto this option for other potential uses. Because the proffer identifies this site as being for an Aquatic Center, this would require a change in the proffer that would broaden the possible uses for this site. According to the current proffer, if this site is used for an Aquatic Center, recreational unit credit is to be given to the developer. It would be the recommendation of the Parks and Recreation Department that if the site is used for something other than a recreational amenity, the developer would not be relieved from any recreational unit requirements. Prior to completion of the Medical Center facility, there was a keen interest in this site for the proposed Aquatic/Recreation Center. Therefore, I would suggest that this matter receive a comprehensive county review before the Parks and Recreation Department's comments are offered. If you should have any questions or would like to discuss this further, please let me know. 107 North Kent Street Winchester, VA 22601 A. Rezoning Comments f. 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., 2"d 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: Greenway Engineering Telephone: 540-662-4185 Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Location of property: East of Route 37 and Merriman's Lane (Route 621), North of Cedar Creek Grade (Route 622). South and West of the City of Winchester Corporate Limits Current zoning: R4 District with proffers Zoning requested: R4 District with modified proffers Acreage: 359.97± Department of Parks & Recreation Comments: Staff agrees with the extension as stated in the proposed revised proffer dated October 14, 2008. Please see attached memo for additional comments. Pks. & Rec. Signature & Date: Notice to Department of Park s& Recreation — Please Return This Form to the Applicant tt 4 0 0 Rezoning Comments ""7'iFlfTt?}(: tTMY' r Y r,tii,r ii P' ;;, i i i !ii ii. c!'`�''�;,5 .,�3Ji Virginia Department of Transportation Mail to: Virginia Department of Transportation Attn: Resident Engineer 14031 Old Valley Pike Edinburg, Virginia 22824 (540) 984-5600 Applicant's Name: Greenway Engineering Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Hand deliver to: Virginia Department of Transportation Attn: Resident Engineer 2275 Northwestern Pike Winchester, VA 22603 (540)-53501828 Telephone: 540-662-4185 Location of property: East of Route 37 and Merriman's Lane (Route 621), North of Cedar Creek Grade (Route 622), South and West of the City of Winchester Corporate Limits Current zoning: R4 District with proffers Zoning requested: R4 District with modified proffers Acreage: 359.97± Virginia Department of Transportation Comments: See attached email from VDOT to Greenway Engineering dated 11/06/08. ot6j) (� 11/06/08 VDOT Signature & Date: Notice to VDOT w- Please Return This Form to the Applicant x A Willow Run Traditional Norhood Development - VDOT Corn is to Revised Rez... Page 1 of 1 v Evan Wyatt From: Funkhouser, Rhonda [Rhonda.Funkhouser@VDOT.Virginia.gov] on behalf of Smith, Matthew, P.E. [Matthew.Smith @vdot.virginia.gov] Sent: Thursday, November 06, 2008 12:37 PM To: Evan Wyatt Cc: Hoffman, Gregory; mruddy@co.frederick.va.us; John Bishop; Smith, Matthew, P.E. Subject: Willow Run Traditional Neighborhood Development - VDOT Comments to Revised Rezoning A VDOT review has been conducted on the revised rezoning application with the latest proffers dated October 14, 2008 for the Willow Run Traditional Neighborhood Development. VDOT is satisfied with the revisions to the transportation enhancement proffers. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization, and off -site roadway improvements and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Thank you for allowing us the opportunity to comment. <<SCN_20081106123421 _001. pdf>> Matthew B. Smith, P.E. Residency Staff Engineer VDOT - Edinburg Residency 14031 Old Valley Pike Edinburg, VA 22824 Phone # (540) 984-5615 Fax # (540) 984-5607 11 /6/2008 Fax from . w -- V V -• 4 J 1 y- 1 i rr i. VIRGINIA. `. Control number Date received RZ O B -0 015 10/17/2008 Project Name Willow Run Conditional Zoning Amendment Address City 151 Windy Hill Lane Winchester Type Application Tax ID Number Rezoning 53-A-90,etc. Current Zoning Date reviewed Date Revised 10/23/2008 Applicant Greenway Engineering State Zip Applicant Phone VA 22602 540-662A185 Fire District Rescue District 15 15 R4 Recommendations Automatic Sprinkler System Automatic Fire Alarm System No No Other recommendation Emergency Vehicle Access Not Identified Siamese Location Not Identified Emergency Vehicle Access Comments Access Comments Additional Comments Hydrant Location Not Identified Roadway/Aisleway Width Not Identified RECEIVED OCT 2 3 2008 GREENWAy ENGINEERING Election District Shawnee Residential Sprinkler System No Fire Lane Required No Special Hazards No Plan Approval Recommended Reviewed By Signature 44" .'•�/_/� Yes J. Neal • Title • 0 Rezoning Comments � ��'� ���`��`R��-z�.�,'��-..Ys�:. tk.m"Siau'k�e+.k"J'f City of Winchester Mail to: Winchester City Planning Department Attn: Planning Director 15 North Cameron Street Winchester, Virginia, 22601 (540) 667-1815 Hand deliver to: Winchester City Planning Department Attn: Planning Director Rouss City Hall 15 North Cameron Street Winchester, Virginia Applicant's Name: Greenway Engineering Telephone: 540-662-4185 Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Location of property: East of Route 37 and Merriman's Lane (Route 621), North of Cedar Creek Grade (Route 622) South and West of the City of Winchester Corporate Limits Current zoning: R4 District with proffers Zoning requested: R4 District with modified proffers Acreage: 359.97± City of Winchester's Comments: A City of Winchester's Signature & Date: Notice to City of Winchester !! 1 o & This Form to the Applicant RECEIVED NOY I i 2008 GREENWAY ENGINEERING 0 Development Impact Model On October 12, 2005, the Frederick County Board of Supervisors directed staff to use the Development Impact Model (DIM) to project the capital fiscal impacts that would be associated with any rezoning petitions containing residential development, replacing the existing Capital Facilities Fiscal Impact Model. The DIM was created by an economic consultant who evaluated and analyzed development within the County in an effort to assist the County in planning for future capital facility requirements. Critical inputs to the DIM are to be reviewed and updated annually to assure that the fiscal projections accurately reflect County capital expenditures. The Board of Supervisors authorized use of the annual model update on June 25, 2008. The DIM projects that, on average, residential development has a negative fiscal impacts on the County's capital expenditures. As such, all rezoning petitions with a residential component submitted after June 25, 2008 will be expected to demonstrate how the proposal will mitigate the following projected capital facility impacts: Single Family Dwelling Unit = $23,818 Town Home Dwelling Unit = $16,965 Apartment Dwelling Unit = $ 8,975 The following is a breakdown of the projected impacts per dwelling unit for each capital facility. Capital facility Single Family Town home Apartment Fire And Rescue $742 $547 $557 General Government $0 $0 $0 Public Safety $0 $0 $0 Library $481 $368 $368 Parks and Recreation $2,331 $1,782 $1,782 School Construction $20,265 $14,268 $6,268 Total $23,818 $16,965 $8,975 A "read-only" copy of the Development Impact Model is available on the public workstation within the Planning and Development's office. A user manual is also available. 06/25/08 13 Survey Exhibit & Property Deed Information 1•14-2615,_ 1020 From-UICHAEL L BRYAN 5405454130 T-350 P.002 F-655 r 11 4 t4 rV L/ PWUFFIrT J. CIMSM AWBN irF"T 'Hh.SJTY. VWR?41A 2101 I W q NZ4=7 040017302 q cn 0 This DEED made and dated this a. day of , 2004, by and between MELCP. INC, a Virginia Corporation, hereinafter called the Grantor, and MILLER and SMITH at WILLOW RUN, LLC, a Virginia Limited Liability Company, hereinafter called the Grantee. WITNESSETH: That for and in consideration of this sum of Ten Dollars ($10.00) in hand paid, and other good and valuable consideration, receipt whereof is hereby acknowledged. Grantor does hereby grant, bargain, sell and convey unto the Grantee, with SPECIAL WARRANTY, all that cenain land being situate in Frederick County, Virginia, and being more particularly described as follows: See attached Exhibit A This conveyance is made subject to the restrictions and conditions contained in the deeds forming the chain of title to the above -described property, GrantoiJereby covenants with Grantee, its successors and assigns, that Grantor is lawfully seised in -fee simple of the above -described premises, that it has a good right to convey; that the premises are free from all encumbrances; that the Grantor will t'orever warrant and defend all of the above -described property to Grantee, its successors and assigns, against every person lawfully claiming the same or any pan thereof through the Grantor: that the Grantor will guarantee the quiet enjoyment of the above -described property to the Grantee, is successors and assigns, against every person lawfully claiming the same or any pan thereof through the Grantor; and that the Grantor will, on demand of Grantee or its successors or assigns , execute any instrument necessary for the further assurance of the title to the premises that may be reasonably required, The following action is by corporate resolution and the undersigned has full authority to act on behalf of the corporation and this transfer does not constitute a transfer of substantially all the assets of the corporation, 14-2005` 10:20 ., Prom-MICHAEL L BRYAN . 5405454130 T-350 P.003 F-555 of C O IT WITNESS the following signatures and seal: MELC , INC. B 4CIMSOTHERA. STATE OF CITY/C-�TY of ,to -wit: /'% , a Notary Public in and for the State of and reby certify that MELCO, INC, x Virginis Corporation by jurisdiction aforesaid do he CHRISTPUER A. MOLDEN, President, whose name is signed the foregoing Deed, bearing date of the 11 day of4�1 2004, have personally appeared before me and acknowledged the same. Given under my hand this �— day of d1l QU 2004. My Commission Expires: / -D c of bie 40 Qt• is�.� '•. 4f/IJfr '•14-2005 , 10:20 I ] 0 is From-MICHAEL L BRYAN 5405454130 T-350 P.004 F-565 d� Ch v EXHIBIT A r113 All that certain tract of land, including the twenty foot easement of ingress and egress, lying and being situate in Bank Creek Magisterial District (formerly Shawnee M4sferial District).Frederick County, Virgtnta. southeast of Merrimans Lane, containing 7.15 acres, more particularly described by that certain plat and survey of Lee A. Ebert. C.L.S., dated June 12, 1956 attached to that certain Deed of Conveyance by which Boyd J. Harriman acquired said property from J. Kenneth Robinson, et ux, dated June 25, 1956 of record in the OiTice of the Clerk of the Circuit Court of Frederick County. Virginia, in Deed Book 243, at Page 344 to which deed and plat reference is bereto made for a more particular description of the property easement refereed to. This is also the same property referred to in a quitclaim deed of Winifred S. Brown dated January 23, 1963 of record in the aforesaid Clerk's Office in Deed Book 285, at Page 326 and Horace C. Brown by Deed dated May 21. 1963 of recorded ir the aforesaid Clerk's Office in Deed Book 288. at Page 515. Less and except 1.40 acres, more or less conveyed out in Deed Book 329, at Page 38, Southeast of Merriman's Lane, including a 20' easement for ingresslegress to be used in common with other and more particularly described in the Metes and & Bounds description attached hereto. AND BEING the same property acquired by virtue of instrument recorded in Deed Book 565, at Page 783. `14^2005 .� 10:20 From-MICHAEL L BRYAN 5405454130 T-360 P.006 -666 METES &BOUNDS DESCRIPTi0N FRkDmc-K COUNTY TAX PARCEL 53-A-94 Zile a=mpanying plat entitled `Boundary and Horse Looanion St>r-vty of the land of Melco, Ina dated August 25, 2004 =presmts a boundary survey of all of the label conveyed W Melco, Inc. by de-li dated September 15, 1980 of record in The office of the Clerk of the Cir, Court of Frr:�a Cody, Virginia in ,Deed Book 565 at Page 783. 'Tile said land fronts the Terminus of a 20, private right -of --wary now known as Orchard Lnne about 1400 feet sow of its intersecdon with Menima Line (Va. Rote 621) in Shams � Dhaict, F=I=iak County, Virginia and is more pardculady bounded as fellows: ng at a %11 iron rehar & cap set at the southeaszem terminus of a 20' private right- ofway now known as Orchard Lane (see Deed Book 243 at Page 344), corner To Willow prove L.C. and in a line of Millar and Smith at Willow Run, LS..C.; thanes with 1AMer and Smith at Rrillow Rim, LJ-C- 8 40c48'27" E - 365%01' to z V iron =bar &cap set, coma to Willow Grovc L.C.; thence witl:t Willow Grover LC. S 30oN,37" W - 681.811 to a !�- uon mbar found, Con= to James C. Gordan, Jr., et Tnc; thence with Gordon N 530431-23" W - 350.75' to a nail set in a comer fence post, in a line of Willow Groye L.C.; ffi== with Willow Glove LC- N 3",W E - 763.49' to flee beginning. Contaivag ........................ 5.7585 Acres. Sunrged.............................................................. August 25, 2004. ' 9RUINIA FREDERIM COUNTY, SCI; ��'`r -w E'�►� T71IS h3suutncrt of miring wds produced to me on RICWD A. EDENS nncl MiD cal nfi.a:c Df s Dcvlydltcmcn1 Iherrm anncaud was admiucd to rec*rd. T i+nposed by Sec:. 58.1-802 of N0.007rJJ7 Q 5!!m �Wand 58.1-801 have been paid, if Rucu abk 404 J" . Qcrk . ' 0 ' • 5405671312 T-532 P.002 �337 7-20'04 11:17a From-HARRISON i JOHNSTON L UUUty1J Tax Map 53-A-02 and Tax Map 53-A-92A This instrument prepared by, p Recording* requesied by, -- kAnd when recorded return nto:ilip Tenley Jones, Rsq. iller and Smith at Willow Run,1--L.C• ao 8401 Greensboro Drive Suite 300 McLean Virginia 22102 DEED OF BOUNDARY LINE ADJUSTMENT. VACATION AND SPECIAL WARRANTY CONVEYANCE Between the lands of Willow Grove L.C. and Miller and Smith at Willow Run, L.L.C. Shawnee District Frederick County Virginia THIS DEED OF BOUNDARY LINE ADJUSTMENT, VACATION AND SPECIAL WARRANTY CONVEYANCE is entered into this 1A �a`day of May, 2004, by and between WILLOW GROVE L.C. ("Willow Grove'? a Virginia limited liability company, Grantor; and MILLER AND SMITH AT WILLOW RUN L.L.C. ("MS'�, a Virginia limited liability company, Grantee; and; RECITALS A. Willow Grove is owner of 156.443 acres of land known as Tax Map 53-A-92 ("Willow Grove Property'), having acquired the land by a deed recorded in Deed Book 869 at Page 596, among the land records of Frederick County, Virginia ("Land Records'l. B. MS is the owner of 1.444 acres of land known as Tax Map 53-A-92A ("MS Propeny, having acquired the land by deed recorded as Instrument Number O� 000 1?797 , among the Land PRecords. (Willow Grove and MS, collectively, "Owners'. C. I[ is The a desire of Willow Grove and MS, their successors and assigns, to adjust the boundary line between Willow Grove Property and MS Property, conveying to MS approximately 144.398 acres to form a Final MS Property, as defined herein, and more particularly described in Exhibi[ A, attached hereto and made a part hereof, all as shown on the plat attached.hereto and made a part hereof. entitled "BOUNDARY LINE ADJUSTMENT, BETWEEN THE LANDS OF WILLOWGROVE L.C. AND MILLER AND SMITH AT WILLOW RUN, L.L.C. by Marsh & Legge Land Surveyors, P.L.C. and dated April 27, 2004 (the "Plat'j. NO\\', THEREFORE, WITNESSETH: that for and in consideration of the sum of NINE MILLION TWO HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS ($9,250,000.00), cash in hand paid, the receipt and sufficiency of which are hereby acknowledged, the Owners, do hereby adjust the boundary of the Willow Grove Property and the MS Property, in Frederick County, Virginia. as more particularly shown on the Plat, and do hereby declare that this boundary line adjustment is made with their free consent, in accordance with the desires of the Owners, and in accordance With he statutes of Virginia governing the platting of land. W 17-2004 114tZ7ax From-HARR150N i JOHNSTON 5406671312 T-682 P.0037 Final Willow Grove Property' Tax Map 53-A-92 N 139.901 ACRES AN'D 4.497 ACRES ARE HEREBY SUBTRACTED FROM (Willow 00 Grove Property) AND 139.901 ACRES AND 4.497 ACRES ARE HEREBY ADDED TO THE ADJOINING 1,444 ACRES ( IS Property) TO CREATE ONE PARCEL OF 16,542 ACRES (Final Willow Grove Property Taxi Map 53-A-92) AND DOES NOT CREATE A NEW BUILDING LOT. Final MS Property Tax Map 53-A-92A 139.901 ACRES A-N-D 4.497 ACRES ARE HEREBY ADDED TO (MS Propetry) AND 139.901 ACRES AND 4.497 ACRES ARE HEREBY SUBTRACTED FROM PART OF THE ADJOINING 156.443 ACRES (Willow Grove Properry) TO CREATE ONE PARCEL OF 145.S42 ACRES (Final MS Propem- Tax Map 53-A-92A) AND DOES NOT CREATE ANEW BUILDING LOT. Final Tax Map 53-A-92A is now'defined as the "Final MS Property" and is more particularly described in Exhibit A, atrached hereto and made a part hereof. Final Tax Map 53-A-92 is now defined as the "Final Willow Grove Property" and is more particularly described in Exhibit B, attached hereto and made a part hereof. CONVEYANCE THIS DEED FURTHER WITNESSETH, That for and in consideration of the sum of Ten Dollars ($10.00) cash in hand paid, the receipt and sufficiency of which are hereby acknowledged. Willow Grove does hereby grant, bargain, sell and convey, WITH SPECIAL WARRANTY OF TITLE, onto MS and their successors and assigns, in fee simple, all that certain land and premises situated in Shawnee District. Frederick County, Virginia, known as those former portions of Tas Map 53-A=92 as listed above as 139.901 acres and 4.497 acres, that are now a pan of Final Tax Map 53-A-92A, all as more particularly described in the Plat ("Willow Grove Conveyance"). TOGETHER WITH the any buildings thereupon, and all of tite Nvays, easements, rights. alleys, waters, covenants, benefits, rights -of -way, agreements, privileges, and appurtenances and advantages to the same belonging, enjoyed by, or in any way benefiting or appertaining to the New MS Property. TO HAVE AND TO HOLD. the property and appurtenances unto and to the use of Grantee. its successors and assigns in fee simple. forever - AND the Grantor liereby covenants to and with Grantee and its successors and assigns that they have not done or suffered to be done any act. matter or thing -whatsoever. to encumber tho -2. E� 17-20b4 11:572m From-HARRISON i JOHNSTON I # 5406671312 T-662 P.00437 rrant specially the property hereby granted; and that they property hereby conveyed; that they will wa will execute such further assurances of the same as maybe requisite. VACATIONS THIS DEED FURTHER WITNESSETH That for and in consideration of the premises and the sum of One Dollar (S 1.00), cash in hand paid, the receipt and sufficiency of which are hereby acknowledged, MS does hereby vacate all of its right, title and interest in and to those portion Vacated)" easements recorded in Deed Book 550, at Page 256 shown as "Existing 20' R/W (Hereby on the Plat. The Owners agree that the agreements and covenants stated in this Deed are not covenants personal to the Owners but are covenants running with the land which are and shall be binding upon the Owners, their successors and assigns. The Owners agree that the Recitals are incorporated as if set forth herein. This document may be executed in counterparts, each of which shall be an original but which, taken together, shall constitute one and the same instrument. The provisions of this Deed are severable and the invalidity of one or more of the provisions or the termination of any easement or covenant granted hereunder shall not affect the validity or enforceability of any provision. This Deed shall be governed by and construed and enforced according to the laws of the Commonwealth of Virginia. WITNESS the following signatures and seals: WtiLOW GROVE: Willow Grove, LC, a Virginia limited liability company r By: eil is While, Manager State of Virginia Countyof Tjcde"(1 I, the undersigned Notary Public, in and for the State and Countyaforesaid, do hereby certify that M Will is White, whose name is signed to the foregoing document as Manaser, on be half of the Willow Grove, LC, appeared before me and personally acknowledged the same in my jurisdiction aforesaid. �� C Given under my hand and seal this day of May, 200 ,,;.•' � S 3� �J. My commission expires: op N Public -3. 7-2004 11.57" From-HARRISON i JOHNSTON • 540667131Z T-662 P.005 !#-37 MS: 10 State of Virginia County of Fairfax Miller and Smith at Willow Run, L.L.C.. a Virginia limited liability company By: 7� arles F. Sfdartj,hr. Manager I, the undersigned Notary Public, in and for the State and County aforesaid, do hereby certify that Charles F Stuart. Jr., whose name is signed to the foregoing document as Manager, on behalf of the Miller and Smith at Willow Run, L.L.C., appeared before me and personally aclotowledged the same in my jurisdiction aforesaid. Given under my hand and seal this %z day of May, 2004. My commission expires: 4-� I If MA1AV lotaryl'ublic • .r -4. -17-2004 114STU From-HARRISON i JOHNSTON • 54066T1312 T-662 PAW F-337 EXHIBIT A , To DEED OF BOUNDARY LINE ADJUSTMENT, VACATION .AND SPECIAL WARRANTY CONVEYANCE METES AND BOUNDS DESCRIPTION OF THE LAND OF C= MILLER AND SMITH AT WILLOW RUN, L.L.C. PIN 53-A-92A 'i SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA Area on East Side of Merriman's Lane "Beginning at a point in the center of Merriman's Lane at the most westerly comer of the Willow Grove L.C. land (PIN 53-A-92); thence with the said Willow Grove L.C. land for the four following courses: S 38° 49' 23" E—1,070.22 feet to a point; thence N 80° 23' 26" E — 952.35 feet to a point; thence S 530 46' 18" E— 1,366.24 feet to a point in the southerly line of the 740 LLC land (PIN 53-A-90); thence with the said line of the land of 740 LLC, S 441132' 51" E — 207.19 feet to a point in the westerly line of the land Greystone Properties, LLC (PIN 53-A-91); thence with the said line of the land of Greystone Properties, LLC, S 350 42' 09" W — 2,403.40 feet to the most westerly corner of the said Greystone Properties, LLC land and the northerly line of the land of Jova Properties, LLC (PIN 63-A-1); thence with the said Jova Properties, LLC land for the two following courses: N 44° 37' 34" W—1,195.84 feet to the most northerly comer of the said Java Properties, LLC land; thence continuing with another line of the land of Jova Properties, LLC, S 4V 31' 36" W — 241.55 feet to the most easterly comer of the Willow Grove L.C. land (PIN 53-3-A); thence with the northerly line of the said Willow Grove L.C. land, N 400 50' 23" W — 571.97 feet to the most easterly corner of the Melco, Inc. land (PIN 53-A-94); thence with the northerly line of the said Melco, Inc. land, N 400 48' 27" W — 365.07 feet to the most northerly comer of the said Melco, Inc. land, a comer to the aforementioned Willow Grove L.C. land; thence continuing with another line of the Willow Grove L.C. land, N 41° O1' S3" W — 658.63 feet to a concrete monument found in f easterly right of way line of Virginia Secondary Route 621 (Merriman's Lane); thence with the said easterly right of way line of Merriman's Lane for the 13 following courses: N 14° 22' 45" W— 78.16 feet to a concrete monument found at the P.C. of curve to the right; thence with the Arc of the said curve 93.78 feet (Radius = 50.00 feet; Chord = N 13° 26' 54" E — 80.62. feet) to the P.T.; thence N 75020' 52" E — 228.61 feet to a concrete monument found; thence N 59° 10' 51" E-109.08 feet to a concrete monument found; thence N 26° 05' 28" E — 98.77 feet to a concrete monument found; thence N 22° 35' 16" W — 150.77 feet to a concrete monument found; thence N 31° 54' 53" E — 138.70 feet to a concrete monument found; thence N 090 48' 02" E— 275.47 feet; thence N 07° 05' 21" W— 198.96 feet to the P.C. of a curve to the right; thence with the Arc of the said curve 481.58 feet (Radius = 624.07 feet; Chord = N 13° 51' 17" E—469.72 feet) to the P.T.; thence N 11° 58' 27" E — 73.79 feet to a point; thence N 54° 02' 19" W — 20.00 feet to a point in the centerline of Merriman's Lane; thence with the said centerline of Merriman's Lane with the Arc of a curve to the right 117.84 feet (Radius = 477.47 feet; Chord = N 43° 01' 54" E — 117.54 feet) to the point of beginning." Containing ........ 141.345 Acres ANi) -5- I -17-2004 11:57ti From-HARRISON i JOHNSTON 54066T1312 T-682 P.00T/0bF-33T EXHIBIT A (continued) To DEED OF BOUNDARY LINE ADJUSTMENT. VACNTY CONVEYANCE • tT METES AND BOUNDS DESCRIPTION OF THE LAND OF MILLER AND SMITH AT WILLOW RUN, L.L.C. PIN 53-A-92A SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA Area on West Side of Merriman's Lane "Beginning at a point at the intersection ofthe easterly right of way line of Route 37 and the westerly right of way line of Route 621 (Merriman's Lane); thence with the said line ofRoute 37, N 100 52' 08" E — 466.39 feet to an iron rod at the most southerly comer of Merriman's Chase Subdivision Open Space; thence with the southerly line of the said Open Space, N 36° 50' 22" E — 482.63 feet to a railroad spike found in the westerly right of way line of Route 621 (Merriman's Lane); thence with the said line of Route 621 (Merriman's Lane) for the five following courses: S 040 47' 26" E — 259.50 feet to a point; thence S 00° 58' 28" W-272.68 feet to a concrete monument found; thence S 29' 38' 24" W — 271.73 feet to a point; thence S 540 18' 52" W — 226.78 feet to a concrete monument found; thence N 53° 49' 29" W — 93.87 feet to the point of beginning." Containing ........ 4.491 Acres -6- -17-7004 11:58� 01 From-HARRMN a JOHNSTON 5486671312 T-682. P.008/F-33T EXHIBIT B p To -- DEED OF BOUNDARY LINE ADJUSTMENT. VACATION AND SPECIAL W3ZANTY CONVEYANCE METES AND BOUNDS DESCRIPTION OFTHE LAND OF WILLOW GROVE L.C. AFTER THE GRANT TO MILLER AND SMITH AT WILLOW RUN, L.L.C. PIN 53-A-92 SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGEgA 'Te; nning at a point in the center of Merriman's Lane at the most westerly comer of the Miller and Smith at Willow Run, L.L.C. land (PIN 53-A-92A); thence with the centerline ofMeniman's Lane for the two following courses, with the Arc of a curve to the right 60.60 feet (Radius - 477.47 feet; Chord = N 53' 44' 17" E - 60.56 feet) to a point; thence N 570 22' 27" E-105.00 feet to a point, a corner to the 750 LLC land; thence with the southwesterly line of the 750 LLC land for the seven following courses: S 50' 25' 30" E - 742.86 feet to a point; thence S 680 26' 13" E-169.25 feet to an iron rod found; thence N 34' . 04' 34" E - 97.74 feet to an iron rod found; thence with the Are of a curve to the left 96.97 feet (Radius = 213.23 feet; Chord = N 210 02' 50" B - 96.14 feet) to a point; thence N 08' 01' 06" P - 65.70 feet to an iron rod found; thence S 630 32' 51", E-1,075.48 feet to a point; thence S 44' 32' 51" E - 1,116.79 feet to a point, a corner to the Miller and Smith at Willow Run, L.L.C. land; thence with the northerly line of the Miller and Smith at Willow Run, L.L.C, land for the three following courses: N 530 46' 18" W-1,366.24 feet to a point; thence S 800 23' 26" W - 952.35 feet to a point; thence N 38" 49' 23" W - 1,070.22 feet to the point of beginning_" Containing 16.542 Acres -7- r 17-�004 11,:58From-HARRISON i JOHNSTON • 54066TI312 T-662 P.009/F-33T O MEPRIMANIS;.. co R OL) TE 37 ^�'' �` C LAN I ORCHARD ^ I I s LANEco SITE VICINITY MAP V SCALE: 7 "=2000' A /PFF0 VED Y SUBDIVISION ADMINISTRATORDA 7rL r+� �n�ic TnDI C Ll L.I\v&- CURVE 1/I- DELTA ANGLE kAGIUS ARC LENGTH TANGENT CHORD LENGTH CHORD BEARING C1 107'27'33" 50 000' 93.78' 68.74' 80.62' N 13'26'54" E C2 4472 9 E9' E24.07 481.58 253.49' 4E9.72' N 73'51'17" E C3 14'O&'25' 477.47' 117,84' S9.22' 717,54' N 43'01 "54" E C4 07'16'21)' 477.47' EO.60' 30.34' EO.56' N 53'44'77" E C5 2E'03'27' 213.23' 96.97' 49.34' 96.14' 1 S 21'02'60" W IINF TABLE LINE FEARING DISTANCE L1 N 1422'45' W 78,76' L2 N 5910'51' E 109.08' L3 N 26'05'28' E 98.77' L4 N 22'35'16' W 750.77' L5 N 3154'53' E 738.70' L6 N 17*58'27' E 73.79 L7 N 54'02'79" W 20.00' L8 N 572227' E 105.00' L9 S E626'13" E 169.25 L 10 N 34'04'34' E 97.74' 111 N 08'01'06" E f 65.70' SUR VEYOR'S CER T/FICA TE I HEREBY CERTIFY THAT THE LAND CONTAINED IN THIS BOUNDARY LINE ADJUSTMENT IS A PORTION OF THE LAND CONVEYED TO WILLOW GROVE L.C., [TM-53—A-92] BY DEED DATED 20 SEPTEMBER, 7996, AS RECORDED IN DEED BOOK 669 FACE 596 IN THE OFFICE OF THE CIRCUIT COURT OF THE COUNTY OF FREDERICK, VIRGINIA, AND ALL OF THE LAND PONVE D TO MILLER AND SMITH AT WILLOW RUN, L.L.C.(TM-53-A-92A] BY DEED DATEDZI7a'l /-It Lljy 2004, AS RECORDED IN INSTRUMENT NUM6ERY5<6c.oF2g9 IN THE OFFICE -'OF THE CLERK OF THE CIRCUIT COURT OF THE COUNTY OF FREDERICK, VRGINIA. THE CURRENT 20NING FOR THESE PROPERTIES IS RA BOUNDARY LINE AD✓USTMENT 6ETWE£N THE LANDS OF WILLOW GROVE L.C. TAX MAP 5J—A-92 AND MILLER AND SMITH AT WILLOW RUN, L.L.C. TAX MAP 53-A-924 SHAWNEE D/STRICT FREDERICK COUNTY V/RG/N/A r CATE.' 04127104 I SG4L£.' N/A I SHEET. 1 OF 8 Marsh & Legge Land Surveyors. P.L.C. u; r 560 NORTH LOUDOUN STREET ^• wINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 — FAX (540) 667-0469 — EMAIL otfice0morshandlegge.com DRAWN BY: D✓f DWG NAME: 5464-BLA.dwg 640667131I T-682 PAID/ Oj� F-33T -17-:004 11:58� From-HARRISON 8 JOHNSTON - • 0 OWNER 'S CER TlF/CA TE ua E ABOVE AND FOREGOING BOUNDARY LINE ADJUSTMENT OF THE LANDS OF WILLOW GROVE L.C. TM-53—A-92] AS APPEARS IN THE ACCOMFANYING PLAT, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS, AND TRUSTEES, IF ANY. e Y. ON BEHALF OF WILLOW GROVE L.C. NOTARY PUBLIC STA TE OF K (' CITY/COUNTY OF %i THE FOREGOING INSTRUMENT WAS ACKNOWLEGED BEFORE ME DID L;I ` / (GA 7E) BY ON BEHALF OF WILLOW GROVE L.C. 1�. l ,F' MY COMMISSION EXPIRES l(NOTARY PUBL/C) OWNER'S CD? TIFICA TE FFREE AND FOREGOING BOUNDARY LINE ADJUSTMENT OF THE LANDS OF MILLER AND SMITH RUN, L.L.C. (7M-53-A-92AI AS APPEARS IN THE ACCOMPANYING PLAT, IS WITH THE NT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, S, AND T TEES, i ANY. Y. �� ON BEHALF OF A LLER SMITH AT WILLOW RUN, L.L.C. �J NOTARY PUBLIC STA TE OF - - C/ 7 ThE FOREGOING INSTRUMENT WAS ACKNOWLEGED BEFORE ME ON�L _BY (DA TE) (i �nn_Y des F. S kT..��-�-. �_ON EEHALF OF MILLER AND SM/TH A T WILL OW RUN, L. L. C. COMMISSION EXPIR£S,s' 3o_D.b _. ,IVO TAR Y PUB lC) NOTES: 1. NO TITLE REPORT FURNISHED; THEREFORE, THERE MAY BE ENCUMBRANCES AFFECTING THE PROPERTY BY THIS SURVEY AND PLAT THAT ARE NOT SHOWN HEREIN. 2. BOUNDARY INFORMATION SHOWN HEREIN IS EASED ON AN ACTUAL FIELD SURVEY COMPLETED JULY 2001 60UNDARY LINE ADJUSTMENT BETWEEN THE LANDS OF �T,p' •� H' o . v WILLOW GROVE L.C. TAXM4PI -A-92� �f MILLER AND SMITH AT WILLOW RUN, L. L. C. TAX MAP 5J-A-92,4 00 a e ShL4WNEE DISTRICT N 0. 00 7 FREDERICK COUNTY VIRGIN14 CA TE.• 04/27104 SCALE: N/A SHEET- 2 OF B � � No s U R" Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 DRAWN BY: D✓F PHONE (540) 667-0468 — FAX (540) 667-0469 - EMAIL ot(icconarchondingge.com DWG NAME: 5464-81 dw9 U-17-2004 11:58as From-HARRISON a JOHNSTON. 640E671312 T-682 P.011/016 F-33T • SHEE T 4 OF 8 I SHEET 6 OF 8 ! KEYMAP �I 0' 400' I 800' GRAPHIC SCALE: 7 "- 400' 50UNL ARY LINE ADJUSTMENT BETWEEN THE LANDS OF #� LTr WILLOW GROVE L.C. TAX U4P 5.3-A-9? AND MILLER AND SMITH AT WILLOW RUN, L. L. C. TAX AMP 5J-A-924 ,,la las' SNAWNfE D/STRICT o. 001187 f?rFDERICK COUNTY IIIRGIN14 DATE.- 04/27/04 SCALE. 1 `=400' SHEET 2A OF B o,.*D sUa it:, � Marsh & Legge Land Surveyors, P.L.C. STREET � WINCHESTER, vIRGINIA 22601 560 NORTH LOUDOUN ��+"�'���,, S DRAWN BY: D✓F PHONE (540) 667-0468 - FAX (540) 667-0469 - NAIL officedmorshondlegge.com OWG NAME: 5464-81-A.dwg O CD Z c \ 0 cp i-17-2004 ;1lhm From-NARRISON i JOHNSTON • 54066TI312 T-662 P.012#& F-33T CD W'RA 200' qpp' MERRIMANS' CHASE SUBOIVISIONOPEN SPACE INST. # 030OD7014 PHIC SCALE' 7"=200' 20NED: RP / �b2.63 PO USE: RESIDENTIAL(C)PEN SPACE)0'22" E 33 �O 4. `C� p5� 4.497 ACRES (WEST SIDE OF `°� `� �`v- �� RTE. 621) J1 S 5476'52" W 5 YQ2T1�3, 0a�0a� mot/ MF 226.78' QG 0 `L1h VA. SEC. ROUTE 621 o MERRIMAN'S LANE V5 CMF (VARIABLE fMDTH R/W) CIF I MF N 08 431 PG 203 �r % CIF Li GM \ CM L2 c CC z Cc 0 N d of o s I� I 0 • of � . 53-A-92A \ I j� 1.444 ACRES ORIG. AREA al I + 139.901 ACRES (EAST SIDE RTE. 621) + 4.497 ACRES (WEST SIDE RTE. 621) cb I 145.b42 ACRES TOTAL ADJUSTED AREA ., w I � I I I IRF ` A LEGEND; I tiF�x �O FBY CMF-CONCRETE MONUMENT FOUND I— !P� 53-A-94 INC.ti �Ac� - IRF-IRON ROD FOUNDMELCO, DB 565 PG 783-" I �'o SEE SHEET 1 OF 8 FOR ZONED; RA : LINE AND CURVE DATA USE: RESIDENTIAL ( ' ixLE --- MA I CHL INF: SEE S'HEEE 4 OF 8 w R, z F0UNC44RY LINE ADJUSTMENT 6E7WaW THE LANDS OF WILLOW GROVE L.C. TAX "4P 53-A-92 AND MILLER AND SMITH AT WILLOW RUN, L.L.C. TAX MAP 53-A- 52A 5HAWNEE G/STR/CT GATE.' 04/27/04 1 SCALE- 1"=100" I SHEET,• J OF 8 y� Marsh & Legge Land Surveyors. P.L.C. 560 NORTH LOUDOUN STREET — WINCHESTER, VIRGINIA 22601 PHONE (540) 667-04MB r FAX (540) 667-0469 — EMAIL office0mmshandlegg&cam H of 1't o �c 2 egtas . L ge., . No. 001197 Np 9URNF��4 000#44414400 DRAWN BY: Dif- DWG NAME: 5464-8LA.dw9 05-17-2004 11:58&m Frar-HARRISON II JOHNSTO* 54CEET1312 T-682 P.O1ib F-337 O L z I 6 y PAC, 53-A-94 MELCO, INC. / OB 565 PG 783 / ZONED:RA LI USE:RtSIDENTIAL I ;E I I Zpp' 1 I DENOTES EXISTING GROG L,C. �+ 1 PROPERTY LINE OLLO W 53-3-A I HEREBY VACATED OB 871 P 2 II (TYPICAL) EO RA ZONUSE: 241.55 II AGRICULTURAL W S 40'3136. I I I �P� I 1 LZ 1 53-A-92A 1.4-441Z61CRES ORIG. AREA t 139.901 11CRES (EAST SIDE RTE. 621) 63-A-1 + 4.49�1,ACRES (WEST SIDE RTE. 621) JOVA FROFER7IES, LLC 145142 IACCRES TOTAL ADJUSTED AREA INST. If 040000377 1 I ZONED; RA USE. AGRICULTURAL I I _ I I� I LEGEN m I CMF-CONCRETE MONUMENT FOUND i' I IRF-IRON ROD FOUND I I -- SEE SHEET 1 OF 8 FOR r LINE AND CURVE DATA 0' 200' 400' GRAPHIC SCALE: 1 "-200' 60(JNDARY LINE ADJUSTMENT BE7WEEN THE LANDS or WILLOW GROVE L.C. TAX MAP 53-A- 92 AND MILLER AND SMITH A T WILLOW RUN, L.L. C. TAX M4P 53-A-52A SHAWNEE D/STRICT r LAT£.- 04/?7/04 I 5CALE' 1"=200' I 5HEET.• 4 OF B Marsh & Legge Land Surveyors, P.L.C. k 560 NORTH LOUDOUN STREET - WINCHESTER, MRGINIA 22601 PHONE (54,) 667-0468 � FAX (540) 667-0469 � EMAIL olfic&6morshondregge.com ' S3 A-91 TONE PROPERTIES, LLC STR. # 030024683 ZONED: RA SE: AGRICULTURAL Q ' 00#41 ,,' DRAWN BY: LUF DWG NAME. 5464-BL4dwg 65-17-2004 11:58ae From-HAHISON i JOHNSTON• 54066TI312 T-682 P.014/010 F-337 is C3 c\ I IW • I. So v COA1M. OF Lo t ., i PG 20.E Fc O cn co N VA, SEC, RouTE 627 I c ) MERRIMAN S LANE 30' PRESCRIP T1 VE Eg SCMEN T 4 LB � _I I , N 750 LLC 53-A-928 1 o OB 978 PG 1741 (m U, ZONED: RA �1 o USE: RESIDENTIAL 1 m1 c�� 1s icy col _ \V o fir' �1 c I T)& I t PDRAINFIELD EASE IfENT ti I JQ �� r- I �4'0 �4 GRp EO 5g � I � 53-A-92A 1.444 ACRES ORIG. AREAr �'q pV{ciU11� + 139.901 ACRES (EAST SIDE RTE_ 621) F Eq 158? o + 4.497 ACRES (WEST SIDE RTE. E21 145.842 ACRES TOTAL-DJUSTED AREA 9� 42 9c b' 200' 400' II GRAPHIC SCALE: 1"=200' MIA, h.: H1.I.ME: MATCHLINE: OF 3 SEE SHEET 6 OF 8 EOUNDARY LINE ADJUSTMENT 6E7WEEN THE LANDS OF WILLOW GROVE L.C. TAX U4P 5-T-A-92 AND MILLER AND SMITH AT WILLOW RUN, L.L.C. TAX MAP 53-A-92q SHAWNEE DISTRICT LATE. 04127104 I SCALE.- 1 =200' I SHEET.• S OF 8 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOLIDOLIN STREET - WINCHESTER, VIRGINIA 22601 PHONE (5a0) 667-0468 � FAX (540) 667-0469 — EMAIL efbceanarshondlegge.com E� GEND: CMF-CONCRETE MONUMENT FOUND IRF-IRON ROD FOUND SEE SHEET 7 OF 8 FOR I \ LINE AND CURVE DATA Aid 1'CI•!I IF!E r 0. 0011 00 0+N��� DRAWN BY: AJF DWG NAME: 5464-8LA.Owg 5-17-2004 11:59ae From-HARRISON i JOHNSTON• 5406671312 T-682 P.0156 F-33T N 53-A-92A 1.444 ACRES ORIG. AREA + 139.901 ACRES (EAST SIDE RTE. 621) + 4,497 ACRES (WEST SIDE RTE. 621) 145.842 ACHES TOTAL ADJUSTED AREA EL GEND. CMF-CONCRETE MONUMENT FOUND IRF-IRON ROD FOUND SEE SHEET 1 OF 8 FOR I _ LINE AND CURVE DATA 0' 200' 400' ' 100, BRL •_ . � � � GRAPHIC SCALE: 7"= 200', . — 24p3 40' S3-A 91 GREYSTONE PROPERTIES, LLC 5 j 2 J INSTR. 1030024EB3 ZONED: RA USE: AGRICULTURAL I 50t)NDARY LINE ADJUSTMENT BETWEEN THE LANDS OF 1, op j WILLOW GROVE L.C. TAX M4P 53-A-9.2 O AND MILLER AND SMITH AT WILLOW RUN, L.L.C. ' va, �jTAX MAP 53-A-924 No. SKAWNEE DISTRICT s Soo 1 FREDERICK COUNTY �/RGINL4 DATE.- 04117104 SCALE.' 1 "=200' SHEET.- 6 OF 8 �*' FD SU q ,,; Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET — WINCHESTER, VIRGINIA 22601 DRAWN 8Y: D✓F PHONE (540) 667-0468 ^ FAX (540) 667-0469 r EMAIL 0lfice&norshondlegge.com DWG NAME: 5464—OLA.dwg -17-J004 11:59ti From-HARRISON i JOHNSTON • B406671312 T-562 P.016/0b F-33T U I'V VA. SEC. ROU TE 621 MERRIMAN S LANE 30' PRESCRIPTIVE EASEMENT I 750 LLC 53-A-92B OB 918 PG 1741 ZONED: RA I USE: RESIOEN T1AL m ,(EXISTING WILLOW GROVE LANE I l oc 50' R/W 740 LLC Ill r%:i i� 53-A-90 DB 978 PG 7 739 20NED: RA RN \\ I \ USE: AGRICULTURAL V I \ 9y fq 1?�� \ c, � cr 1 LEGEND: CMF-CONCRETE MONUMENT FOUND IRF-IRON ROD FOUND SEE SHEET 7 OF 8 FOR LINE AND CURVE DATA EXISTING WILLOW GROVE LANE QQ 50' RIW co �1 �P ��C--)` 0, 200' 400' GRAPHIC SCALE: 1 "=200' x o `MATCHLINE: SEE SrIEET 8 'f ;i EDUNDARY LINE ALULIVUENT 6E'TIYEEN THE LAN05 OF WILLOW GROVE L.C. TAX MAP 53—A-92 AND MILLER AND SMITH AT WILLOW RUN, TAX MAP 53-A-52,q SH4WNEE D/STRICT FFf-OFRICK COUNTY VIRCIN14 L. L. C. DATE' 04/27/04 SCALE: 1 "=200" SHEET.• 7 OF B Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0466 FAX (540) 667-0469 - EMAIL olNceGmorshondlegge.com ie?kk*' OF y f U C o. 5001 g7 DRAWN BY: LLIF OWG NAME: 5464-BLA.dwg 7-20b4 11:58ti Eros-NARR150N i JOHNSTON • 5406671312 T-632 P.OiT/0133T \ o \\ un •�� 1 w1 )'t, to Ln }mn A O\\ v1 I Ci \ LA rn 1 i 14 \N \ 1 I 1\ 1 l I I OI OI 53-A-92A coI ,444 ACRES ORIG. AREA r + 139.901 ACRES (EAST SIDE RTE. 61) + 14.497 ACRES WEST SIDE RTE. E 1 4 .b42 ACRES OTZ—ADJaTED ARFK I J i 53-A 91 740 LLC 53-A-90 D8 918 PG 1739 ZONED: RA USE: AGRICULTURAL I IN \ o \ N O V � t0 � GREYSTONE PROPERTIES, LLC I INS TR. 1 030024683 ZONED: RA USE. AGRICULTURAL &OUNOARY LINE ADJUSTMENT BETWEEN THE LANDS OE WILLOW GROVE L.C. TAX AIAP 5J-A-S2 AND LEGEND: CMF-CONCRETE MONUMENT FOUND IRF-IRON ROD FOUND SEE SHEET 1 OF 8 FOR LINE AND CURVE DATA 0' 200' 400' GRAPHIC SCALE: 1'=200' MILLER AND SMITH 5-WSLLOW RUN, L.L.C. SlAWNEE DISTRICT GATE.- 04/?7104 I SCALE.' 1 =200" I SHEET- 8 OF 8 March & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET WINCHESTER, VIRGINIA 22601 PHONE (54C, 667-0468 , FAX (540) 667-0469 - EMAIL cfffcet�ncrshandleggcxom LTH OF ` f V � 9 0000 Sulk DRAWN BY: alF DWG NAME: 5464-&A.dwg co tv CD 030024683 PEMBROKE THIS DEED is made this 17th day of October 2003, by and between " COVE PROPERTIES, L.L.C., a Virginia limited liability company, and Kenneth F. t MApSHALL, Grantors, and GREYSTONE PROPERTIES, LLC, a Virginia limited liability company, Grantee. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00) cash in hand paid by the Grantee to the Grantors, and other good and valuable consideration, the receipt whereof is hereby acknowledged at and before the sealing and delivery of this deed, Grantors do hereby grant and 3N e with Special Warranty, subject to easements, restrictions and reservations of record, unto a convey Greystone Properties, LLC, a Virginia limited liability company, all that certain parcel of lam containing 112.1850 acres, more or less, and that certain parcel of land containing 7.082 acres, (� more or less, both situate in Frederick County, Virginia, together with the improvements thereon, and all rights, privileges, appurtenances, easements and rights of way thereunto belonging or in anywise appertaining, more particularly described as follows: ` Tract One: 112.185 Acre Parcel All that certain lot, piece or parcel of land, with all improvements thereon, lying and situated in Frederick County, Virginia, consisting of approximately 112.185 acres (more or less) and is more particularly described in that survey prepared by Marsh & Legge Land Surveyors, P.L.C. dated August 10, 1995, with such survey being attached to the Deed of Confirmation/Correction dated August 26, 1997, recorded in the Clerk's Office of the Circuit Court of Frederick County in Deed Book 886, page445. It J Being the same property acquired by Pembroke Cove Properties, L.L.C., a one-half interest, by Deed dated February 17, 1995, of record in the aforesaid Clerk's Office in Deed Book 834, page 1176, and by Deed of Confirmation/Correction from Clyde Lee Marshall, which deed is dated August 26, 1997 and recorded in the aforesaid Clerk's Office in Deed Book 886, page 445; and the remaining one-half interest, by Deed from Kenneth F. Marshall, as Trustee under the Francis J. Marshall, Jr. Residual Trust U/W, dated February 17, 1995, and recorded in the aforesaid Clerk's Office in Deed Book 834, page 1178, and by Deed of Confirmation/Con=tion from Kenneth F. Marshall, As Trustee Under the Francis J. Marshall, Jr. Residual This document was prepared by Keefer Obenshain PC P.O. Box 1187, Harrisonburg, Virginia 22803 hC:) V d Trust U/W, dated August 26, 1997, recorded in the aforesaid Clerk's Office in Deed Book 886, page 449. Tract Two: 7.082 Acre Parcel All of that certain lot or parcel of land, containing 7.082 acres, more or less, lying and being situate in Back Creek Magisterial District, Frederick County, Virginia, located on the North side of Route 622 also known as Cedar Creek Grade for a length of approximately 402', having approximately 724' on its Eastern boundary, having approximately 295' on its Northern boundary and having approximately 1005' on its Western boundary and containing 7.082 acres, as per plat and survey of Lee A. Ebert, C.L.S., dated November 2, 1981, recorded in the aforesaid Clerk's Office at Deed Book 543, page 247. Being the same property acquired by Kenneth F. Marshall by Deed from Kenneth F. Marshall and Mary L. Marshall, his wife, which deed is dated September 11, 1997 and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 887, page 893, This conveyance is expressly subject to easements, conditions, restrictions and reservations contained in duly recorded deeds, plats and other instruments constituting constructive notice in the chain of title to the property hereby conveyed, which have not expired by limitation of time contained therein or otherwise become ineffective. WITNESS the following signature and seal. enneth F. Marshall IN WITNESS WHEREOF, PEMBROKE COVE PROPERTIES, L.L.C. has caused this deed to be executed in its name and on its behalf by the undersigned on due authority. PEMBRO] COVE PROP S, L.L.C. By; (SEAL) Name: r s Title• M P 4 1 v ci STATE OF VIRGINIA CITY/w OF .��1D11'..�� to -wit: The fore n in trurn t was acknowledged before me in the jurisdiction aforesaid this A?�day of 2003, by Kenneth F. Marshall as a member/manager of Pembroke Cove Properties, L.L.C., on its behalf. My commission expires:Pey,,"'LD, ilOD� ti (SEAL) S C. .1� • a N aryPublic rp• 'off o ................ ....+.+.„.. , STATE OF VIRGINIA CITY/` VN4* 0$'f �1111' 1 � to -wit: The fo go'n instrument was acknowledged before me in the jurisdiction aforesaid this ,?ma y of , 2003, by Kenneth F. Marshall. My commission expires; (SEAL) Grantee's Address: 13 South Loudoun Street Winchester, Virginia 22601 osj22979 Nota;(j/Public v ...,,• V:RCilNlA: FREDERICK COUNTY. SCT. fins instrument of writing was productd to me on �n��-Q1:3 6 -�' at aild with certificate of acknowledgement the758.1-802 of was admitted to record. T imposed by Sec 3 300 ,and 58.1-501 have been pad, aerk s: u •i O V +� .C., :c n Y y Co 030024683 THIS DEED is made this 17th day of October 2003, by and between PEMBROKE COVE PROPERTIES L.L.Q.. a Virginia limited liability company, and Kenneth F. Mp,KALL Grantors, and GREYSTONE PROPERTIES, LLC, a Virginia limited liability company, Grantee. WITNESSETH, That for and in consideration of the sum of Ten Dollars ($10.00) cash in hand paid by the # Grantee to the Grantors, and other good and valuable consideration, the receipt whereof is hereby o Nacknowledged at. and before the sealing and delivery of this deed, Grantors do hereby grant and convey with Special Warranty, subject to easements, restrictions and reservations of record, unto Greystone Properties, LLC, a Virginia limited liability company, all that certain parcel of land containing 112.1850 acres, more or less, and that certain parcel of land containing 7.082 acres, more or less, both situate in Frederick County, Virginia, together with the improvements thereon, 3 and all rights, privileges, appurtenances, easements and rights of way thereunto belonging or in ` anywise appertaining, more particularly described as follows: \ Tract One: 112.185 Acre Parcel All that certain lot, piece or parcel of land, with all improvements thereon, lying and situated in Frederick County, Virginia, consisting of approximately 112.185 acres (more or less) and is more particularly described in that survey prepared by Marsh & Legge Land Surveyors, P.L.C. dated August 10, 1995, with such survey being attached to the Deed of Confirmation/Correction dated August 26, 1997, recorded in the Clerk's Office of the Circuit Court of Frederick County in Deed Book 886, page 445. Being the same property acquired by Pembroke Cove Properties, L.L.C., a one-half interest, by Deed dated February 17, 1995, of record in the aforesaid Clerk's Office in Deed Book 834, page 1176, and by Deed of Confirmation/Correction from Clyde Lee Marshall, which deed is dated August 26, 1997 and recorded in the aforesaid Clerk's Office in Deed Book 886, page 445; and the remaining one-half interest, by Deed from Kenneth F. Marshall, as Trustee under the Francis J. Marshall, Jr. Residual Trust U/W, dated February 17, 1995, and recorded in the aforesaid Clerk's Office in Deed Book 834, page 1178, and by Deed of Confirmation/Correction from Kenneth F. Marshall, As Trustee Under the Francis J. Marshall, Jr. Residual 7hlt dommenl way prepared by Keeler Obnuhaln PC P.O. Box 1287, Harrisonburg, Vlrglnlo 22803 V C) N b N Trust U/W, dated August 26, 1997, recorded in the aforesaid Clerk's Office in Deed Book 886, page 449. Tract Two: 7.082 Acre Parcel All of that certain lot or parcel of land, containing 7.082 acres, more or less, lying and being situate in Back Creek Magisterial District, Frederick County, Virginia, located on the North side of Route 622 also known as Cedar Creek Grade for a length of approximately 402', having approximately 724' on its Eastern boundary, having approximately 295' on its Northern boundary and having approximately 1005' on its Western boundary and containing 7.082 acres, as per plat and survey of Lee A. Ebert, C.L.S., dated November 2, 1981, recorded in the aforesaid Clerk's Office at Deed Book 543, page 247. Being the same property acquired by Kenneth F. Marshall by Deed from Kenneth F. Marshall and Mary L. Marshall, his wife, which deed is dated September 11, 1997 and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 887, page 893. This conveyance is expressly subject to easements, conditions, restrictions and reservations contained in duly recorded deeds, plats and other instruments constituting constructive notice in the chain of title to the property hereby conveyed, which have not expired by limitation of time contained therein or otherwise become ineffective. WITNESS the following signature and seal. enneth F. Marshall IN WITNESS WHEREOF, PEMBROKE COVE PROPERTIES, L.L.C. has caused this deed to be executed in its name and on its behalf by the undersigned on due authority. PEMBRO CE COVE PROP � S, L.L.C. By: (SEAL) Name: s Title:" I 00 7� ^CD 1 V �7 STATE OF VIRGR A C,� CITYteo OF to -wit: The fore in in trument was acknowledged before me in the jurisdiction aforesaid this ,,day of , 2003, by Kenneth F. Marshall as a member/manager of Pembroke Cove Properties, L.L.C., on its behalf. My commission expires: 30 OD (SEAL) � tw�•cH �J'ce �N* Public -y •:'o , a STATE OF VIRGD41A CITY/6GUNT-Y I'� �' f J , to -wit: The fo go'n instrument was acknowledged before me in the jurisdiction aforesaid this g?� y of , 2003, by Kenneth R Marshall. My commission expires: (SEAL) Grantee's Address: 13 South Loudoun Street Winchester, Virginia 22601 o422979 (� NotVPublic v • u � � VIRCiI,`IIA: FREDERICK CO"ucedSto me on -ibis instrument of writing P : ! , at l� , ;uld writh certificate of adrnowledgement thereto armexed was admitted to record. T imposed by Sea 58,1-802 of 5 37 00.00 , and 58.1-501 have been paid, if � � , Ctetk Ir ,o � .1 cerk.a Horky, P.( 19 BK9I8PG1.141 11 THIS DOCUMENT PREPARED WITHOUT TITLE EXAMINATION. E7tEMPT FROM pFCOS DATIN 58.1 811 AUNDER OFF PROVISIONS OF THE 1950 CODE OF VIRGINIA, AS AMENDED THIS DEED made and entered into this 114=day of SyA�A— - 19�, by and between, C. Ridgely White and Eleanor S. White, his wife, both of Frederick County, Virginia, hereinafter referred to as Grantors, and 750, LLC, a Virginia limited liability company, hereinafter referred to as Grantee. WITNESSETH: THAT FOR good and valuable consideration, the receipt of which is hereby acknowledged, the Grantors do hereby grant and convey, with General Warranty of Title, unto the Grantee, all of their right, title, and interest in the following described property, with all improvements, privileges, and appurtenances therewith connected, to -wit: All that certain parcel of land containing 11.008 acres in Back Creek District, Frederick County, Virginia, as described by metes and bounds on plat of survey by L. Allen Ebert, L.S. dated July 5, 1995, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 843-at page 1817. S3-h'- `J2 AND all that certain parcel of land containing 0.867 acre in the City of Winchester, Virginia, as described by metes and bounds on plat of survey by L. Allen Ebert, L.S. dated July 5, 1995,-of record of the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 843 at page 1816. These two parcels are portions of the same property conveyed to C. Ridgely White and Eleanor S. White by deed dated July 26, 1948 from William D. Taylor et ux, of record in the Clerk's Office of the Circuit Court of Frederick County in Deed Book 206 at page 287. Reference is hereby made to the aforesaid deeds and to the references contained therein for a more complete and particular description of the tract or parcel of land conveyed by this Deed. 0 BK91ON1142 � This deed is made subject to the conditions, restrictions andruotie easements set forth in deeds a record conveying in force and effect, but this deed shall not be insofar as the same may construed as extending or reimposing setd restrictions. NVI NESS the following signatures and seals: C. Ridgely White By- 4s /j (S�) M. illis White, as attorney -in -fact for C. Ridgely White Eleanor S. White BY: � (Seal) M. Willis White, as attorney -in -fact for Eleanor S. White COMMONWEALTH O- - ' to wit: The foregoing instrument was aclrnowledged before me in the jurisdiction aforesaid thisday o 19 i o by M. Willis White, attorney -in -fact for C. Wdgely White and Eleanor S. White, on/their lbehalf . Given under my hand this 11�'4 day of % �9:' r•r o otary Public R. ►lonley. P.G My Commission expires: VIRGN1A:FRFDEWCKCOUNIXWC e aced �mon tho Thl atrumra of t0 atL and with certlBcata of acknowtedfl d bt Sec. iE.-002eodt was egmtued to record. Tax imposed Y u esseecably. and ba.1•e01 havveellb�eden�piaJid. Clerk kv Low cak" my R. Nonley. PC it dr ioo THIS DOCUMENT PREPARED WITHOUT TITLE EXAMINATION. Bn 918 PG 1 13 9 EXEMPT FROM RECORDATION ECTION TAYES 811 AUN OFF PROVISIONS THE 1950 CODE OF VIRGINIA, AS AMENDED THIS DEED made and entered into this day of z , 1998, by and between, C. Ridgely White and Eleanor S. White, his wife, both individuals and residents of Frederick County, Virginia, hereinafter referred to as Grantors, and 740, LLC, a Virginia limited liability company, hereinafter referred to as Grantee. WTINESSETH: THAT FOR good and valuable consideration, the receipt of which is hereby acknowledged, each of the Grantors does hereby grant and convey, with General Warranty of Title, unto the Grantee, all of his and her right, title, and interest in the following described property with all improvements, privileges, and appurtenances therewith connected, to -wit: ALL that certain parcel of land containing 25 acres, more or less, in Back Creek District, Frederick County, Virginia and being the same property conveyed to C. Ridgely White from Lucy M. Hack by deed dated May 9, 1967, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 330, at page 414. BEING that same property in which Eleanor S. White received a two percent (29/o) property ownership interest, as tenants in common, in fee simple absolute conveyed from C. Ridgely White by Deed dated 7- 1998, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book at page f6 L_. Reference is hereby made to the aforesaid deeds and to the references contained therein for a more complete and particular description of the tract or parcel of land conveyed by this Deed. This deed is made subject to the conditions, restrictions and easements set forth in deeds of record conveying the land and constituting constructive notice, insofar as R � • 01 Low Okkes rey P. Honley. P.( Ui1 J 1 iiIU 1 14O he same may now be in force and effect, but this deed shall not be construed as .xtending or reimposing said restrictions. WITNESS the following signatures and seats: C. Ridgely White By: (Seal) M. Willis White, as attorney -in -fact for C. Fidgety White Eleanor S. White By: (Seal) M. Willis White, as attorney -in -fact for Eleanor S. White COMMONWEALTH OF VIRGMA CITY / COUNTY OF °%�i�� / , to -wit: The foregoing instrument was acknowledged before me in the jurisdiction 1998, by M. Willis White, attorney -in - aforesaid this /L' "'day of fact for C. Ridgely White and Eleanor S. White, on their behalf. 'A I l Given under my hand this �/ day of 19`'�' lT, qotj Public ' •• `� My Commission expires: 69 30 01 n , k MRCJNtA: FFEDMOK COLIHM 8= 3G� was uced t�o" m,,e�7on� th�, lg st acknowledgment thereto a exda sae d kte to andrb0.tr6 1 heved. Tax posed by Sec. 50.1-BU2 ol been paldb11 assecsabl,.. ,Clerk • r 10511 van 11.1-1111. 111 1. Loden 11 lieciester. FI 1101 BK87 I PGO032 THIS DEED, made and dated this _-le .r day of December, 1996, by and between C. RIDGELY P711 and ELEANOR S. p-HI , husband and wife, by X. WILLIS K-HITEI their Attorney -in -Fact, hereinafter called the Grantors, and R'IIIQg QLD VE L.C., a Virginia limited liability company, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten Dollars and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantora grant and convey, with General Warranty and English covenants of title unto the Grantee, in fee simple, all the following described real estate, together with all rights of ways thereunto belonging: All that certain tract of land on Merriman's Lane, originally containing 88.4 acres, in Back Creek District, F;-edti ck County, Virginia, bearing tax map number 33_3__A,�nd being the remaining portion of a parcel of land devised to C. Ridgely White (being the same as Charles Ridgely white) by will of Lucy M. Hack, which is of record in the Clerk's Office of the Circuit Court of Frederick County in Will Book 73 at page 23, an interest in which was conveyed by deed dated July 31, 1973 to Eleanor S. white, of record in said clerk's office in Deed Book 415 at page 220. Reference is hereby made to the aforesaid instruments and the references therein contained for a more particular description of the property hereby conveyed. This conveyance is eade subject to all easements, rights of way and restrictions of record affecting the subject property. WITNESS the following signatures and seals: 9l0 ov/o5/ � lelilt.11f OK87 I PGO033 ���1 fJ�ll��l�` h i J���ic�� CI •� /.Jc r_ ( SEAL J C. RIDGELY WHITE by M. Willis White, his Attorney -in -Fact [SEAL) ELEANOR S. WHITE by M. Willis White. her Attorney -in -Fact STATE OF VIRGINIA CITY OF WINCHESTER, to -wit: J� Acknowledged before me this ! a) -- day of December, 1996 by M. WILLIS WHITE, Attorney -in -Fact for C. RIDGELY " ITE and ELEANOR S. WHITE, on their behalf. My commission expires: f n JNO7A Y p IC VIRGINIA MEDERICK COUNTY. SM Thb InetrumeN of wrMnp was produced to me on the I-.L=d'of ,-G .tyq�'. at 10'1,w...� end whh certlficete of eCMnowledpment therorq annwwed wee eAmleed to record. Tel Imposed by Se C. Stl.1-002 of S n to , and 56.1-901 have born paid. II as""abfe 9�0D/C,str s1 EX 860 596 THIS DEED, made and dated this .1 C day of September, 996, by and between C. RIDGELY WHITE and FLEANOR S. WHIT usband and wife, hereinafter called the Grantors, by M. WILLIS IHITE, their sole acting attorney -in -fact pursuant to appointments of record in the Clerk's Office of the Circuit Court )f Frederick County, Virginia in Deed Book 864 at page 447 and page 451, and in the Clerk's Office of the City of Winchester, Virginia in Deed Book 277 at page 417 and page 421; and WILLOW GROVE L.C., a Virginia limited liability company, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten Dollars and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantors do grant and convey, with General Warranty and English covenants of title unto the Grantee, in fee simple, all the following described real estate: All the remainder, except as set forth below, of that certain tract of land in Back Creek District, Frederick County, Virginia, originally containing 207.28 acres which was conveyed to the Grantors herein by deed dated July 26, 194B from William D- Taylor et ux, of record in the Clerk's Office of the Circuit Court of Frederick County in Deed Book 206 at page 287. All the remainder. except as set forth below, of that certain tract of land in Aack Creek District, Frederick County, Virginia, originally containing 88.4 acres which was devised to the male Grantor herein by Lucy M. Hack, whose Will is of record in the Clerk's Office of the Circuit Court of Frederick County in Will Book 73 at page 23. It is the intention of the Grantors herein to hereby convey to the Grantee all of the property of which they are seized and possessed in Frederick County, Virginia, and the City of Winchester, Virginia, with the exception of those certain parcels described in the deed of trust dated August 14, 1996, of record in said county land records in Deed Book 864 at page 455, and in said city land records in Deed Book 277 at page 425. Reference is hereby made to the aforesaid instruments and the references therein contained for more particular descriptions ti • 0 OK869NO591 �f the property hereby conveyed. This conveyance is made subject to all easements, rights of way and restrictions of record affecting the subject property. WITNESS the following signatures and seals: (�jP/iTv ( SEAL) RIDGELY WHITE by M. Willis White, his Attorney —in —Fact 5. /JN/Tv �r��,�djr�r,rFAcr-(SEAL) ELEANOR S. WHITE by M. Willis White, her Attorney -in -Fact STATE OF VIRGINIA CITY OF WINCHESTER, to -wit: Acknowledged before me this 1;2l✓ day of September, 1996 by M. WILLIS WHITE, Attorney -in -Fact for RIDGELY WHITE and BLEANOR S. WHITE, on their behalf. i 3/ q NOT Y PUBLIC =:i Y My commission expires: VIRGINtA: FREDERICK COUNTY. SCT. Thw Instrument of In0 was ploducod to me on thi and with cerllflcaca of sckrowtsdgmasl thereto annsasd wM� s�0�rMaad to rac.ard Tax knposed by Set. ".1•802 of t{�t,1•• WW 66.1-001 thus bssn paid. N assessable ff r Clam 0 • Taxes Paid Statements ViewDetail Pi Page 1 of 1 Real Estate Public Inquiry Ticket Detail 2008 REAL ESTATE TAXES Department# : RE2008 Ticket #: 424950001 FRQ: 1 Sup#: 0 Name: 740 LLC Name 2: Address: PO BOX 87 WINCHESTER VA Bill Date: 20080605 Account#: 14326 Map#: 53 A 90 Description: 22.35 ACRES 22604 Due Date: 06/05/2008 Land: $518,000 Improve: $196,400 Use: Original Bill: $1,875.30 Payments: $1,875.30- Acres: 22.35 Penalty Paid: Int Paid: Amount Owed: Other: Last Date: 06/09/2008 Total Owed: Penalty: Interest: Note that if payment has been received within the last 10 business days.. any returned items may not be posted at this time. Please check the website again. Date Type Transaction # Amount Balance 6/5/2008 Charge 0 $1,875.30 $1,875.30 6/9/2008 Payment 77409 ($1,875.30) $0.00 1 Use the print key for your browser to print a copy of taxes paid for this year. New Search Previous https:Htaxes.co.frederick.va.us/Applications/REPublicInquiry/ViewDetail.aspx 11/7/2008 ViewDetail • • Page 1 of 1 Real Estate Public Inquiry Ticket Detail 2008 REAL ESTATE TAXES Department# : RE2008 Ticket #: 143030001 FRQ: 1 Sup#: 0 Name: GREYSTONE PROPERTIES LLC Account#: 14327 Name 2: Map#: 53 A 91 Address: 13 S LOUDOUN ST Description: 112.44 ACRES WINCHESTER VA 22601 Bill Date: 20080605 Due Date: 06/05/2008 Land: $1,405,500 Improve: $8,400 Use: Original Bill: $3,711.49 Payments: $3,711.49- Acres: 112.44 Penalty Paid: Lit Paid: Amount Owed: Other: Last Date: 06/06/2008 Total Owed: Penalty: Interest: Note that if payment has been received within the last 10 business days, any returned items may not be posted at this time. Please check the website again. Date Type Transaction # Amount Balance 6/5/2008 Charge 0 $3,711.49 $3,711.49 6/6/2008 Payment 82062 ($3,711.49) $0.00 1 Use the print key for your browser to print a copy of taxes paid for this year. New Search Previous https://taxes.co.frederick.va.us/ApplicationsIREPublicInquirylViewDetail.aspx 11/7/2008 ViewDetail 0 • Real Estate Public Inquiry Ticket Detail 2008 REAL ESTATE TAXES Department# : RE2008 Ticket #: 411930001 FRQ: 1 Sup#: 0 Name: WILLOW GROVE LC Account#: 37183 Name 2: Map#: 53 A 92 Address: 720 S BRADDOCK ST Description: 16.54 ACRES WINCHESTER VA 22601 Bill Date: 20080605 Due Date: 06/05/2008 Land: $401,800 Improve: $378,100 Use: Original Bill: $2,047.24 Payments: $2,047.24- Acres: Penalty Paid: Int Paid: Page 1 of 1 16.54 Amount Owed: Other: Last Date: 06/09/2008, Total Owed: Penalty: Interest: Note that if payment has been received within the last 10 business days, any returned items may not be posted at this time. Please check the website again. Date Type Transaction # Amount Balance 6/5/2008 Charge 0 $2,047.24 $2,047.24 6/9/2008 Payment 77138 ($2,047.24) $0.00 1 Use the print key for your browser to print a copy of taxes paid for this year. New Search Previous https:Htaxes.co.frederick.va.us/Applications/REPubliclnquiry/ViewDetail.aspx 11/7/2008 ViewDetail 0 0 Page 1 of 1 Real Estate Public Inquiry Ticket Detail 2008 REAL ESTATE TAXES Department# : RE2008 Ticket #: 424960001 FRQ: 1 Sup#: 0 Name: 750 LLC Account#: 14328 Name 2: Map#: 53 A 92B Address: 750 MERRIMANS LN Description: 11.00 ARCES WINCHESTER VA 22601 Bill Date: 20080605 Due Date: 06/05/2008 Land: $291,000 ILnprove: $534,800 Use: Original Bill: $2,167.73 Payments: $2,167.73- Acres: 11.00 Penalty Paid: Int Paid: Amount Owed: Other: Last Date: 06/06/2008 Total Owed: Penalty: Interest: Note that if payment has been received within the last 10 business days, any returned items may not be posted at this time. Please check the website aizain. Date Type Transaction # Amount Balance 6/5/2008 Charge 0 $2,167.73 $2,167.73 6/5/2008 Payment 30578 ($2,167.73) $0.00 1 Use the print key for your browser to print a copy of taxes paid for this year. New Search Previous https:Htaxes.co.frederick.va.us/Applications/REPubliclnquiry/ViewDetail.aspx 11/7/2008 V iewDetail 0 0 Page I of 1 Real Estate Public Inquiry Ticket Detail 2008 REAL ESTATE TAXES Department# : RE2008 Ticket #: 255450001 FRQ: 1 Sup#: 0 Name: MILLER & SMITH AT WILLOW RUN LLC Account#: 14329 Name 2: Map#: 53 A 94 Address: 8401 GREENSBORO DR STE 300 Description: 5.76 ACRES MCLEAN VA 22102 Dill Date: 20080605 Due Date: 06/05/2008 Land: $210,000 Improve: $612,900 Use: Original Bill: $2,160.12 Payments: $2,160.12- Acres: 5.76 Penalty Paid: Int Paid: Amount Owed: Other-: Last Date: 05/23/2008 Total Owed: Penalty: Interest: Note that if payment has been received within the last 10 business days. any returned items may not be posted at this time. Please check the website again. Date Type Transaction # Anxnint Balance 6/5/2008 Charge 0 $2,160.12 $2,160.12 5/23/2008 Payment 53870 ($2,160.12) $0.00 1 Use the print key for your browser to print a copy of taxes paid for this year. New Search Previous https://taxes.co.frederick.va.us/ApplicationsIREPubliclnquiry/V iewDetail. aspx 11/7/2008 ViewDetail 0 • Real Estate Public Inquiry Ticket Detail 2008 REAL ESTATE TAXES Department# : RE2008 Ticket #: 411940001 FRQ: 1 Sup#: 0 Name: WILLOW GROVE LC Account#: 14334 Name 2: Map#: 53 3 A Address: 720 S BRADDOCK ST Description: 38.78 ACRES WINCHESTER VA 22601 Bill Date: 20080605 Due Date: 06/05/2008 Land: $619,800 Improve: Use: Original Bill: $1,626.98 Payments: $1,626.98- Acres: Penalty Paid: Int Paid: Page 1 of 1 Amount Owed: Other: Last Date: 06/09/2008 Total Owed: Penalty: Interest: Note that if payment has been received within the last 10 business days. any returned items may not be posted at this time. Please check the website again. Date Type Transaction # Amount Balance 6/5/2008 Charge 0 $1,626.98 $1,626.98 6/9/2008 Payment 77139 ($1,626.98) $0.00 1 Use the print key for your browser to print a copy of taxes paid for this year. New Search Previous https:Htaxes.co.frederick.va.us/Applications/REPublicInquiry/V iewDetail. aspx 11/7/2008 ViewDetail 0 40 Page 1 of 1 Real Estate Public Inquiry Ticket Detail 2008 REAL ESTATE TAXES Department# : RE2008 Ticket #: 143040001 FRQ: 1 Sup#: 0 Name: GREYSTONE PROPERTIES LLC Account#: 19974 Name 2: Map#: 63 A 2A Address: 13 S LOUDOUN ST Description: 7.08 ACRES WINCHESTER VA 22601 Bill Date: 20080605 Due Date: 06/05/2008 Land: $222,000 Improve: Use: Original Bill: $582.75 Payments: $582.75- Acres: 7.08 Penalty Paid: Int Paid: Amount Owed: Other: Last Date: 06/06/2008 Total Owed: Penalty: Interest: Note that if payment has been received within the last 10 business days. any returned items may not be posted at this time. Please check the website a.vain. Date Type Transaction # Amount Balance 6/5/2008 Charge 0 $582.75 $582.75 6/6/2008 Payment 82062 ($582.75) $0.00 1 Use the print key for your browser to print a copy of taxes paid for this year. New Search Previous https://taxes.co.frederick.va.us/Applications/REPublicInquirylViewDetail.aspx 11/7/2008 i Foundezl in 1971 GREENWAY ENGINEERING 151 Windy Hill Lane Winchester, Virginia 22602 TRANSMITTAL Project Name: Willow Run -Traditional Neighborhood Development File No: 380OWG Date: Wed, Feb 11, 2009 To: FC Plannin! Attn: Mike Ruddy Copied Delivery: Fed Ex ❑ Other_ ❑ U.S. Mail From: Evan Wyatt/dlm GREENWAY ENGINEERING Phone: 540-662-4185 Fax: 540-722-9528 0 Courier ❑ Pick Up ❑ Urgent a For Your Review ❑ As You Requested ❑ Please Comment Message Mike, Attached is the following: -Original owners signed/notarized Proffer Statement for the Willow Run Traditional Neighborhood Development Thank you for your assistance. Call with any questions. Cc: Jim Vickers-Oakcrest Co (1x, reg mail) Richie Wilkins-Greystone Properties, Winc address (1x, reg mail) John Conrad -Miller & Smith (lx, reg mail) Willis White -White Properties (3x, reg mail) Hand Delivery and Pick Ups Only: Received by: Date: Time: Please Print Name: COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 MEMORANDUM TO: Finance Department FROM: Pam Deeter, Office Assistant II SUBJECT: Return Of Sign Deposit DATE: January 21, 2009 The amount of $200.00 was deposited in line item 43-010-019110-0008. Miller & Smith had a deposit for four signs for a Rezoning 411-08 Willow Run. The company has returned the sign and is therefore entitled to the return of the deposit. You may pay this through the regular bill cycle. Please send a check in the amount of $200.00 to: RSA/pd Miller & Smith Willow Run 8401 Greensboro Dr. Suite 300 McLean, VA 22102 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 N '-' O N C/] O U � A ,u a wa�3`r DATE ri 'o NO. 0671 RECEIVED FROMYv� t,�) — ulY1 ADDRESS O G �� Y1S ( 1p (� DOLLARS $ 0 zoo. FOR RENT) J FOR ACCOUNT AMT OF HOW PAID ACCOUNT CASH u AMT. PAID .i CHECK ENDUE DUE I ORDER BY t Amount 10200.00 1 - S ate` `.ldd %3 T A X R E C E I P T Ticket #:00006150001 FREDERICK COUNTY Date : 11/21/2008 C. WILLIAM ORNDOFF, JR Register: CJO/CJOS1 I.p� ,• P.O. BOX 225 Trans. #: 63173 1095 3Q WINCHESTER VA 22604-0225 Deppt## SIGN DEPOSITS PLANNING Previous Balance $ 200.00 Principal Being Paid $ 200.00 Penalty $ .00 Interest $ .00 FRED.PLANNING Amount Paid $ 200.00 *Balance Due $ .00 Pd by FRED.PLANNING Check 10725.00 # CKS BALANCE DUE INCLUDES PENALTY/INTEREST THRU THE MONTH 11/2008 J A?� COUNTY of FREDERICK Department of Planning & Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 6 2009 -� A $ 00.420 Ma, i US POSTAGE MERRIMANS CHASE HOMEOWNERS ASSOC `��—� WINCHESTER VA 22604-2476 r !" �q 1 0 NIXIE 2U1 DC 1 01 O1/O5/09 RETURN TO SENDER ATTEMPTED -- NOT KNOWN UNADI_E TO FORWARD DC: 226015OOO99 * 2192- 03191 -- 05 --'21 11111111111111111111111111111111111)11111111I11)11111I M I I I I I COUNTY of FREDERICK Department of Planning & Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 MOHAMMAD LAMAR 2023 STONELEIGH DR WINCHESTER, VA 22601- � 1• V U 1' C �-�\\\ �1G 7.01 �. nr.J.�An tJltL." +2'3 11/2000 Mailed From 22601 US POSTAGE NIX1C 201 4M. 1 01 0.1/04/09 RE=TURN TO SI:ND("R NOT ME_l_IVMRisE31..C" AE A[SoRm ssl-m UNP40LE TO FORWARD DC: 225011-1,03907 *3017 -00630 -31-48 1,l III Mk))kl,l,l COUNTY of FREDERICK Department of Planning & Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 53G - 1- 4- 48-A MERRIMANS CHASE HOMEOWNERS ASSOC INC PO BOX 3276 22604-2476 WINCHESTERVA �f = 016H26508243 s 00.420 12%05t2008 Mailed From 22601 US POSTAGE NIX:1 : 1201 DM. 1 OO 122/ 11! C)e DEC j 2 2C08 RETQRN 'TO SENDER ATTEMPTED - NOT KNOWN UNADL.E TO FORWARn Dc: 5212e;01 R-00099 *01017 -0: 479- 03 -;)4 III))11111JI1,l COUNTY of FREDERICK I Department of Planning & Development J107 North Kent Street, Suite 202 Winchester, Virginia 22601 TEL:L.EZ R01710 B 2055 STON' ELIEAGH DR WINCHESTER, VA 22601- n�«u_««no_•y $ 00.44 12,31 2005 Mailed From 22601 US POSTAGE NiXZC' 201 i$EZ 1 $31 OX/0.7/09 JAN 8 2009 RE.TQRN TO SENDER N07 DELI VE RADL-E; AS ADDRE SSE.. UNADLE TO FORWARD DC: 2;2L.O.1SQC:095) Ik3017 t�L. 4.5 ai AS 0 4- COUNTY of FREDERICK Department of Planning & Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 63 - 9- 2- 24-A GREYSTONE DEVELOPERS INC 2055 VALLEY AVE WINCHESTER VA 22601-2751 0*H26508243 0 00.420 Malted From 22601 US POSTAGE Jr'1'. 01 EJi_ 1. 00 01/04109 REr7'uF?N 'rU SE:NDE*R NOT AS ADDRE_SSCO UNAE3L-E. TO rORWARO 0c: 22a01500099 *301 7 -0061 9- 3.1 -48 COUNTY of FREDERICK Department of Planning & Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 5 Zoos TELLEZ ROCIO B 2055 STONELEIGH DR WINCHESTER. VA 22601- 016H26508243 $ UU.41U = 1210512008 Mailed From 22601 ' US POSTAGE NIXIE: 2C31 DC 1 00 112/.112/00 RETURN TO SENDER NOT C?E1-2VERADLE: AS ADDRESSED LIAJ>-DLE: TO F'OF?4 ARD OC: r 22601500099 *0017--07491 05-04 III),IIJ IIIIIIIIIIIII „ I)d IIIIIIIJ h) IIIIIIIIIIIIJIIIIIII) COUNTY of I+REDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING Deceiiiber 31, 2008 TO: THE APPLICANT(S) AND/OR ADJOINFNG FROF'EIRT Y OWNER(S) RE: REZONING APPLICATION .911-08 FOR WILLO INKUII On behalf of the Frederick County Board of Supervisors, you ar? hereby notified of a public hearing being held on Wednesday, January 14, 2009, 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 911-08 of Willow Run, submi-ted by Greenway En.giaeeri.ng, to revise proffers associated with Rezoning-21-06, which resulted in the"rezoni.ng of 33559.97 acres to R4 (Residential Plarnied Community) District with proffers, for commercial land uses aild up to 1,390 residential units. the proffer revisions generally propose modifications to the transporTatinn program previously approv al by the County- The properties are located east of Route 37 and Nlcrriman's Lane (Rowe 621); rtortb of Cedar Creek Grade (Route 6.22), south a:nd west of the City of Winchester, in the Shawnee Magisterial District, and are identified by Property Identification Numbers 537A-90, 53-A-91, 53-A-92, 53 .A-92A, 53-A-92B, 53-A-94, 53-3-A, and 63-A-2A. Any interested parties having questions or wishing to speak ma 'a.ttend the public ).tearing. A copy or the applications 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 (54�> 665-565i.. Ye4.Lan also visit us on the web .at: wwtiv.co.frederick.va.us. Sincerely, Michael T. Ruddv, AICP Deputy Planning Director MTR/bad 107 North Kent Street, Suite 202 o Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING' December 31, 2008. TO: THE APPLICANT(S) AND/OR ADJOINFNG FROFE <_T Y OW--N-ER(S) RE: RI ZONIINIG APPLICATION .911-08 FOR W1LLO W On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, January 14, 2009, 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 411-08 of Willow Run, submitted by Greenway Engineering, to revise ;proffers associated with Rezoning #21-06, which resulted in the 'rezoning of 359.97 acres to R4 (Residential Planrred Community) District with proffers, for commercial land Jses an -di up to 1,390 residential units. The proffer revisions generally propose mod1fie' ations to the transpoi�.atmn prograrn previously approved.b the County. The properties are located east of Route 37 and ,Urriman's Lane (Route 6.21), north of Cedar Creek Grade (Route 6.22), south a nd west of tl.1e City � �f "Winchester, in the Shawnee Magisteriai District, and are identified by Property Identification Numbers 537A-90, 53-A-•91, 53-A-92, 53 .A-92A, 53-A-92B. 53-A-94, 53-3-A, and 63-A-2A.- Any interested parties having questions or wishing to speak mad- 'attend the public hearing. A copy of the applications 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 (5=;0 665-565L L. �'e�a can also visit us on the web .at: ww-vv.co.frederick.va.us. Sincerely, Michael T. Ruddy, AICP Deputy Planning Director MTRJbI ►d . 107 North Kent Street, Suite 202 Winchester, Virginia 22601-5000 COUNTY of I+ REDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING December 5, 200 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #11-08 FOR WILLOW RUN On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, December 17, 2008, at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning 411-08 of Willow Run, submitted by Greenway Engineering, to revise proffers associated with Rezoning #21-06, which resulted in the rezoning of 359.97 acres to R4 (Residential Planned Community) District with proffers, for commercial land uses and up to 1,390 residential units. The proffer revisions generally propose modifications to the transportation program previously approved by the County. The properties are located east of Route 37 and Merriman's Lane (Route 621), north of Cedar Creek Grade (Route 622), south and west of the City of Winchester, in the Shawnee Magisterial District, and are identified by Property Identification Numbers 53-A-90, 53-A-91, 53-A-92, 53-A-92A, 53-A-92B, 53-A-94, 53-3-A, and 63-A-2A. Any interested parties having questions or wishing to speak may attend the public hearing. A copy of the applications will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.co.frederick.va.us, Sincerely, Michael T. Ruddy, AICP Deputy Planning Director MTR/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 COUNTY of FRIEDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING Deceniber 31, 2008 TO: THE APPLICANT(S) A1\TD/OR ADJOINING PROP RT Y OWNERS) RE. REZONING APPLICATION .911-08 FOR WILLS N` I--, N On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, January 14, 2009, 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 followinb application: Rezoning 411-08 of Willow Run, subrnitted by Greenway Eng iieeri.ng, to revise proffers associated with Rezoning ;-21-06, which resulted in the rezoning of 359:97 acres to R4 (Residential Planned Community) District with proffers, for commercial land uses and up to 1,390 residential units. The proffer revisions generally propose modi.tications to the trarsporratinn prograir, previously approv4.d by the County. The properties are located east of Route 37 and Merriman's Lane (R-oute 621), north of Cedar Creek Grade (Route 622), south and west oftlie City of inchester, in the Shawnee Magisteriai District, and are identified by Property Identification Numbers 53-A-90, 53-A-91, 53-A-92, 53 .A-92A, 53-A-9213, 53-A-94, 53-3-A, and 63-A-2A. Any interested parties having questions or wishing to speak mad- 'attend the public hearing. A copy of the applications 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 (5�> 665-565i.. Ycu.can also visit us on the web .at: wwtiv.co.frederick.va.us. Sincerely, Michael T. Ruddy. AICP Deputy Planning Director M:TR/bl ►d 107 North Kent Street, Suite 202 Winchester, Virginia 22601-5000 COUNTY of I+REDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC NEARING December 31, 2008 TO: THE APPLICANT(S) AND/OR ADJOINIl\1G FROFEV � OWNERS) RE: REZONING APPLIC;ATION.911-08 FOR WILLOW On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, January 14, 2009, 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 411-08 of Willow Run, submitted by Greenway, Engj.neering, to revise proffers associated with Rezoning-21-06, which resulted in the rezoning of 359.97 acres to R4 (Residential Planned Community) District with proffers, for commercial land wses aqd up to 1,390 residential units. The proffer revisions generally propose modifications to the transporTation prograrn previously approved by the County. The properties are located east of Route 37 and vlerrimatt's Lane (n.otne 621), north of Cedar Creek Grade (Route 6.22), south acid west oftne City (A -Winchester, in -ihe Shawnee Magisterial District, and are identified by Property Identification Numbers 53-A-90, 53-A--91, 53 -A-92, 53 .A-92A, 53-A-92B, 53-A-94, 53-3-A, and 63-A-2A.- Any interested parties having questions or wishing to speak may'attend the public hearing. A copy or the applications will be available for review at the Flandlev Library and the Bowman Libraiy the week of the meeting, or. at the Department of Planning and Development located at 107 North Kent.Street in Winchester, Virgini {, or by calling `5"0 v 665-5651.. (,;H , can also visit us on the web .at: wwtiv. c o . frederi ck. v a. us . Sincerely, Michael T. Ruddy, AICP Deputy Planning Director MTR/blid 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING December 5, 200 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #11-08 FOR WILLOW RUN On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, December 17, 2008, at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning 411-08 of Willow Run, submitted by Greenway Engineering, to revise proffers associated with Rezoning #21-06, which resulted in the rezoning of 359.97 acres to R4 (Residential Planned Community) District with proffers, for commercial land uses and up to 1,390 residential units. The proffer revisions generally propose modifications to the transportation program previously approved by the County. The properties are located east of Route 37 and Merriman's Lane (Route 621), north of Cedar Creek Grade (Route 622), south and west of the City of Winchester, in the Shawnee Magisterial District, and are identified by Property Identification Numbers 53-A-90, 53-A-91, 53-A-92, 53-A-92A, 53-A-92B, 53-A-94, 53-3-A, and 63-A-2A. Any interested parties having questions or wishing to speak may attend the public hearing. A copy of the applications 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, F .. Michael T. Ruddy, AICP % Deputy Planning Director MTR/bad 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING December 31, 2008 TO: 'THE APPLICANT(S) AND/OR ADJOINING PROFEl<.A`f OWNCER(S) RE: RLI ONING APPLIC:AI'ION 41 l -ob FOR On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, January 14, 2009, at 7:15 p.m. in the Board Room of the Frederick Count), Administration Building at 107 North Kent Street, Winchester. Virginia to consider the following application: Rezoning 411-08 of Willow Run, sunrn:itted by Greenxay Frgineering, w revise ;,Coffers associateu with Rezoning #21-06, which resulted in the rezoning of 3'9.97 acres to R4 (Residential Plaruied Community) District with proffers, for commerciai landuses and up to 1,390 residential units. The profter revisions generally pj opose modificationsto the transporiatinr. prograir, previously approvi d K. the County. 'I'Yre properties are located east of R,;wc: 37 and N1crnni is Lane (Rollie 621), nollil Cedar Creek Grade (Route 1i%2), south and west of i*ie City of W ir:%;hester, ill Lhe Shawnee :Magisterial District, and are identified by Property Identification Numbers 53-A-90, 53-A 91, 53-A-a%, 53 _a-92.a, 53-A-92B, 53-A-94, 53-3-A, and 63-A-2A. Any interested parties having questions or wishing to speak ma, attend the public hearing. A espy (,i' the applications 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 De.velopmeni loeated at 107 North Kent Street in Winchester, Virgini-a. or by calling (540) 665-5651. You .can also visit us on the web at: w A-w.co. frederick.va.us. Sincerely, '.Michael T. Ruddv. AICP Deputy Planning Director M1'R/bad 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 0 This is to certify that the County, Virguua: attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick 53 - A- - 90- 740 LLC PO BOX 87 WINCHESTER VA 22604.0087 53 - A- - 91- GREYSTONE PROPERTIES LLC 13 S LOUDOUN ST 63 - A- - 2-H TURNER ENTERPRISES LLC 2971VALLEY AVE WINCHESTER VA 22601-2631 63 - 9. 2- 24-A GREYSTONE DEVELOPERS INC 2055 VALLEY AVE WINCHESTER VA 22601.2751 WINCHESTER VA 22601-4777 63 - A- - 2-K C & W PROPERTIES 53 - A- - 92- WILLOW GROVE LC PO BOX 221 720 S BRADDOCK ST MILLWOOD VA 22646-0221 WINCHESTER VA 22601-4053 63 - A- - 2-D 53 - A- - 92-A BRIDGEFORTH RUTH D MILLER & SMITH AT WILLOW RUN LLC 1064 CEDAR CREEK GR WINCHESTER VA 22602 8401 GREENSBORO DR STE 300 63 -A- - 1- MCLEAN VA 22102-5126 JOVA PROPERTIES LLC 53 - A- - 92-B PO BOX 2658 750LLC 750 MERRIMANS LN WINCHESTER VA 22604-1858 WINCHESTER VA 22601-6212 Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 STATE OF VIRGINIA COUNTY OF FREDERICK Michael T. Ruddy, Deputy Planning Director Frederick County Planning Department 1, u S o o , ' , a Notary Public in and for the State and County aforesaid, do hereby certify that Michael T. Ruddy, Deputy Planning Director for the Department of Planning and Development, whose name is signed to the foregoing, dated 11' , has personally appeared before me and acknowledged the same in my State and ounty aforesaid. Given under my hand this 31 day of My commission expires on 11 NOTARY PUBLIC #S5y�-n(f 52 -A- - 310- • 53G - 1 4 PARD GLAIZE FRED L III & ANN W CHASE M & MARIETTE A PO BOX 888 WINCHESTER VA 22604-0888 101 HOMER DR 53 - 3- - Al- WINCHESTER VA 22602.2379 GORDON JAMES C JR 53G - 1- 1- 8- 324 ORCHARD LN SMITH VICKI L WINCHESTER VA 22602.2321 100 HOMER DR WINCHESTER VA 22602-2377 52 -20- 5. 54- R & T PACKING CORP 53G - 1- 1• 7- CIO FIRST BANK TRUST DIVISION MELLOTT NANCY K 1835 VALLEY AVE WINCHESTER VA 22601-6303 828 MERRIMANS LN WINCHESTER VA 22602-2384 52 18 8 53G - 1- 1- 6- ROUSE JASON SWOGGER JAMES F & JERI L & TALMAGE DAVINA 820 MERRIMANS LN 118 PARKINS LN WINCHESTER VA 22602.2384 WINCHESTER VA 22602-2361 52 -18- • 7- 53G - 1. 1- 5- CODELLA DOMENICO & MARIELA MARCOCCIO ANTHONY & FRIDA T 143 PARKINS LN WINCHESTER VA 22602-2361 812 MERRIMANS LN WINCHESTER VA 22602.2384 52 -18- - 6- SMITH KIM TERRY 53G - 1- 1- 4- COOPER MARY E MARTINEZ MARIO ARCENIO 133 PARKINS LN 806 MERRIMANS LN WINCHESTER VA 22602-2361 WINCHESTER VA 22602-2384 52 A - 53G - 1- 1. 3- CHAMBERLAIN ANTHONY N & SANDRA G PERRY STUART M INC 117 LIMESTONE LN 101 OKEEFE DR WINCHESTER VA 22602.2272 WINCHESTER VA 22602-2375 53G - 1.4- 47• 53G - 1. 1• 2- WIMSATT WILLIAM LEE GOLIGHTLY ROBERT & MARIAN M & BRYAN HEATHER ANN 100 OKEEFE DR 878 MERRIMANS LN WINCHESTER VA 22602-2374 WINCHESTER VA 22602.2384 53G - 1- 4- 48-A 53G - 1- 1- 1- MERRIMANS CHASE HOMEOWNERS ASSOC CRESPO RAUL & NEREIDA INC PO BOX 3276 770 MERRIMANS LN WINCHESTER VA 22604-2476 WINCHESTER VA 22602-2383 53G 1- 4 53 - A- - 89- EMMONS ELMER L & BETTY M LYNCH MAU RADE ANN 886 MERRIMANS LN 747 MERRIMANS LN WINCHESTER VA 22602-2384 WINCHESTER VA 22601-6211 53G - 1- 4- 46- ADAM GEORGE HERNANDEZ EDGAR B 750 LLC 603 S LOUDOUN STREET ADAM SANDRA D 1513 STONE HOUSE CT & MARTINEZ BARAHONA WINCHESTER, VA 22601- WINCHESTER, VA 22601- 872 MERRIMANNSS LLN N WINCHESTER VA 22602-2384 ALLAN G 53G - 1- 4- 45- ALV3ARMAK Z BAWMAK JULIE STANEART BRIAN KENT & LINDA CHUN STEAD SCATHERINE 1005 ARMISTEAD ST 1005 AR WINCHESTER, VA 22601- ST WINCHESTER, 1029 ARMISTEAD VA 22601- 866 MERRIMANS LN WINCHESTER VA 22602-2384 This is to certify that the attached correspondence was mailed to the following on 1 z a I 1 v g from the Department of Planning and Development, Frederick County, V irhini a • HESTER BRIAN J BARTON BONNIE G 2125 STONELEIGH DR WINCHESTER, VA 22601- BASNILLO MARCO A V 2079 STONELEIGH DR WINCHESTER, VA 22601- BORG GERALD D BORG JACQUELYN K 1516 STONE HOUSE CT WINCHESTER, VA 22601- BROWN RICHARD L BROMLEY-BROWN LISA L 1025 ARMISTEAD ST WINCHES T ER, VA 22601- BUTLER STEPHEN S BUTLER ANGELA M 1509 STONE HOUSE CT WINCHESTER, VA 22601- BYRD SHARON M P O BOX 206 BERRYVILLE, VA 22611- CHANEY BELINDA K 2059 STONELEIGH DR WINCHESTER, VA 22601- CH0WDHURY ABDUR R CHOWDHURY LATIFA R 1512 BROOKDALE CT WINCHESTER, VA 22601- CITY OF WINCHESTER 15 N CAMERON ST ATTN: PLANNING DEPT WINCHESTER, VA 22601 - CRANSTON ANN CASEY 2111 STONELEIGH DRIVE WINCHESTER, VA 22601 - CREGAR DAVID D CREGAR KIM S 1009 ARMISTEAD ST WINCHESTER, VA 22601 DAYAL VIKRAM DAYALSULBHA 1516 BROOKDALE CT WINCHESTER, VA 22601- DE MEDICI PROPERTIES LLC 220 HANDLEY AVE WINCHESTER, VA 22601- ELSEA SUSAN E 495 CHAPEL RD MIDDLETOWN, VA 22645- FASANO JEROME FASANO CHRISTINE 6720 UNION MILL RD CLIFTON, VA 20124- FREEDMAN GARY S 2015 STONELEIGH DR WINCHESTER, VA 22601- GARNES RICHARD O GARNES MEI FIEN 1017 ARMISTEAD ST WINCHESTER, VA 22601- SVOBODA MARYKAY 1001 ARMISTEAD ST WINCHESTER, VA 22601- HINKLE SUZANNE M 2087 STONELEIGH DR WINCHESTER VA 22601- HUGHES BRANDON W DELLINGER MORGAN LEIGH 2095 STONELEIGH DR WINCHESTER, VA 22601- HUGHES WILLIAM C 2071 STONELEIGH DR WINCHESTER, VA 22601- INVICTUS VA II LLC HALL CHRISTOPHER E 3684 CENTERVIEW DR HALL KAREN E STE 120 1934 HARVEST DR CHANTILLY, VA 20151- WINCHESTER, VA 22601- HANSON BENJAMIN SHAW ►'. JAI LAXMI MAA LLC 14ANSON JANET IRENE 723 KENNEDY DR 1515 SPRING HOUSE CT WINCHESTER, VA 22601- WINCHESTER, VA 22601- DOLL JOSHUA J DOLL JEFFREY L 447 WOODFIELD LN WINCHESTER, VA 22602-2168 D1A1J, yr vttc"u'%iA COUNTY OF FREDERICK Michael T. Ruddy, Deputy Planning Director Frederick County Planning Department I, `�Q,�,,��, 5 J,a� , a Notary Public in and for the State and County aforesaid, do hereby certify that Michael T. Ruddy, Deputy Planning Director for the Department of Planning and Development, whose name is signed to the foregoing, dated 1 a 3 00 , has personally appeared before me and acknowledged the same in my State and County aforesaid. rl o , Given under my hand this 4 I day of ( A-,\ U, a �' �' 6 My commission expires on ?w P NOTARY PUBLIC JAROTZKY VLADIMIR JAROTZKY MARIE E P 0 BOX 1828 WINCHESTER, VA 22604- KEIM DOUGLAS B KEIM PAMELA K 1510 SPRING HOUSE CT WINCHESTER, VA 22601 - JOHNSON MARK JOHNSON GREA N L 1509 BROOKDALE CT WINCHESTER, VA 22601- LEE DON D LEE LISA A 1514 SPRING HOUSE CT WINCHESTER, VA 22601- JUSTICE KDREN E JUSTICE JOSHUA PAUL 1885 CLAYTON RIDGE DR WINCHESTER, VA 22601- LEVINSON MARK E LEVINSON LISA M 1513 BROOKDALE CT WINCHESTER, VA 22601- KEE CONSTRUCTION SERVICES LLC 420 AL EARLY DR STE 1 WINCHESTER, VA 22601- LITTELL CANDACE L MAXWELL SCOTT J 1869 CLAYTON RIDGE DR WINCHESTER, VA 22601- IvL4RTIN DANIEI. G MAXWELL SCOTT J LONG MEADOWS FARM OF VIRGINIA 3 MARTIN LISA M LITTELL CANDACE L A LLC 1000 STERLING DR 1869 CLAYTON RIDGE DR 609 CEDAR CREEK GD �'+ INCHESTER, VA 22601- WINCHESTER, VA 22601- WINCHESTER, VA 22601- MCKEE KENNETH MYERS COLLEEN W 1901 CLAYTON RIDGE DR WINCHESTER, VA 22601- MITCHELL RALPH C MITCHELL SHIRLEY A 155 HARVEST RIDGE DR WINCHESTER, VA 22601- NIELSEN EARL A NIELSEN JANET R 1893 CLAYTON RIDGE DR WINCHESTER, VA 22601- RACEY LESTER E RACEY HILDA C 1329 AMBROSE DR WINCHESTER, VA 22603- SHAFRAN STEVEN P SHAFRAN CAROL A 1889 CLAYTON RIDGE DR WINCHESTER, VA 22601- STAM M DENTON STAM NANCY P 1511 SPRING HOUSE CT WINCHESTER, VA 22601- TELLEZ ROCIO B 2055 STONELEIGH DR WINCHESTER, VA 22601- MELCO 11,7 609 CEDAR CREEK GR WINCHESTER, VA 22601- MOHAMMAD LAMAR 2023 STONELEIGH DR WINCHESTER, VA 22601 NOLL ROBERT G NOLL LINDA A 1517 BROOKDALE CT WINCHESTER, VA 22601 RE ADRIEN M RE ANNE M 1013 ARMISTEAD ST WINCHESTER, VA 22601- MILLER MATTHEW T 2027 STONELEIGH DR WINCHESTER, VA 22601- MORLYN GROUP LLC P 0 BOX 558 WINCHESTER, VA 22604-0558 MILONE KIMBERLY A 2063 STONELEIGH DR WINCHESTER VA 22601- N1ORRIS DUANE LEE MORRIS MICHELLE RENEE 1881 CLAYTON RIDGE DR WINCHESTER, VA 22601- OAKCREST PROPERTIES LLC QASIMYAR MOHAMMED JUMA 126 N KENT ST 20544 FIVE OAKS CT WINCHESTER, VA 22601- STERLING, VA 20165- SFEIR RAMSEY ROSENBERGER AMY THOMAS SFEIR JANET E KEIM 2119 STONELEIGH DRIVE 730 MERRIMANS LN WINCHESTER, VA 22601- WINCHESTER, VA 22601- SHONK ROBERT J SIRBAUGH FORREST E III SHONK SHEILA M SIRBAUGH DONNA C 16308 SPILLMAN RANCH LOOP 2035 STONELEIGH DR AUSTIN, TX 78738- WINCHESTER, VA 22601- SUBEDI GUNA RAJ SWISHER ARTHUR L FREDERICKDSEN JUDY SUBEDI SWISHER PATRICIA L 1021 ARMISTEAD ST 111 MONTAGUE AVE WINCHESTER, VA 22601- WINCHESTER VA 22601- VOLINSKY JOHN B ET UX WAKEMAN BRANDON LANE WALLACE PAMELA K VOLINSKY DIANE Y 2039 STONELEIGH DR 8112 HAVEN STREET 833 ARMISTEAD ST WINCHESTER, VA 22601- DENTON, MD 21629- WINCHESTER, VA 22601- WILSON MARGARET BRIDGET 2047 STONELEIGH DR WINCHESTER, VA 22601- Michael Iarosis Turner Enterprises LLC 818 S. Charles St. 2971 Valley Ave. Baltimore, MD 21230 Winchester, VA 22601 L Won 4- hA ✓e arl� Pillow Run 53 - 3 nr�i Adjoining P WS LIJ), f / \ -2,4 1 Number Tax Map Number Owner Mailing Address 51 249-03- - 46A- BYRD SHARON M P 0 BOX 206 52 249-01- - 4- BARTON BONNIE G 2125 STONELEIGF 53 249-01- - 3- LONG MEADOWS FARM OF VIRGINIA 3 LLC 609 CEDAR CREEI 54 249-01- - 2- RACEY LESTER E - RACEY HILDA C 940 CEDAR CREEI 55 269-05-A- 1- TURNER ENTERPRISES LLC 2971 VALLEY AVE Frederick Count 56 63 A 2H TURNER ENTERPRISES LLC 2971 VALLEY AVE 57 63 92 24A GREYSTONE DEVELOPERS INC 2055 VALLEY AVE 58 63 A 2K C & W PROPERTIES PO BOX 221 59 63 A 2D BRIDGEFORTH RUTH D 1064 CEDAR CREE 60 63 A 1 JOVA PROPERTIES LLC PO BOX 2658 61 52 A 310 GLAIZE FRED L III & ANN W PO BOX 888 62 53 3 Al ✓ GORDON JAMES C. JR. 324 ORCHARD LN 63 53 A 95 GORDON JAMES C. JR. 324 ORCHARD LN 64 52 205 54 R & T PACKING CORP - C/O FIRST BANK TRUST DIVISION 1835 VALLEY AVE 65 52 18 8 ROUSE JASON - & TALMAGE DAVINA 118 PARKINS LN 66 52 18 7 ✓ CODELLA DOMENICO & MARIELA 143 PARKINS LN 67 52 18 6 SMITH KIM TERRY - COOPER MARY E 133 PARKINS LN 68 52 18 5 R & T PACKING CORP - C/O FIRST BANK TRUST DIVISION 1835 VALLEY AVE 69 52 A 313 PERRY STUART M INC 117 LIMESTONE Ll 70 53 A 88 PERRY STUART M INC 117 LIMESTONE Ll 71 53G 1 4 48A MERRIMANS CHASE HOMEOWNERS ASSOC - INC PO BOX 3276 72 53G 14 48 LYNCH MAURADE ANN 886 MERRIMANS L 73 53G 1 4 47.:` WIMSATT WILLIAM LEE - & BRYAN HEATHER ANN 878 MERRIMANS L 74 53G 14 46 V, HERNANDEZ EDGAR B - & MARTINEZ SANDRA BARAHONA 872 MERRIMANS L 75 53G 14 45 STANEART BRIAN KENT & LINDA CHUN 866 MERRIMANS L 76 53G 14 44 CHASE EDWARD M & MARIETTE A 101 HOMER DR 77 53G 1 1 8 SMITH VICKI L 100 HOMER DR 78 53G 1 1 7 MELLOTT NANCY K 828 MERRIMANS L 79 53G 1 1 6 SWOGGER JAMES F & JERI L 820 MERRIMANS L 80 53G 1 1 5 MARCOCCIO ANTHONY & FRIDA T 812 MERRIMANS L 81 53G 1 1 4 MARTINEZ MARIO ARCENIO 806 MERRIMANS L 82 53G 1 1 3 CHAMBERLAIN ANTHONY N & SANDRA G 101 OKEEFE DR 83 53G 1 1 2 GOLIGHTLY ROBERT & MARIAN M 100 OKEEFE DR 84 53G 1 1 1 v' CRESPO RAUL & NEREIDA 770 MERRIMANS L 85 53G 1 1 1A MERRIMANS CHASE HOMEOWNERS ASSOC - INC PO BOX 3276 86 153 A 89 EMMONS ELMER L & BETTY M 747 MERRIMANS L TO:BARBARA-DATA PROCESSING FROM:BEV - Planning Dept. Please print sets of _Labels by � - Z/ 1 THANKS! 10/14/2008 Source: Frederick County GIS, April Willow Run 4176 • Adjoining F Number Tax Map Number Owner Mailing Address Winchester 1 188-04- - 2- 750 LLC 603 S LOUDOUN 2 188-04- - 1- A SFEIR RAMSEY - SFEIR JANET E KEIM L 730 MERRIMANS 3 188-04- - 1- SFEIR RAMSEY ET UX - SFEIR JANET E KEIM 730 MERRIMANS 4 188-06- - 61- CITY OF WINCHESTER,. 15 N CAMERON c 5 209-01- - 1- CITY OF WINCHESTER 15 N CAMERON E 6 230-06-A- 8- A CITY OF WINCHESTER 15 N CAMERON E 7 230-06-A- 8- LITTELL CANDACE L - MAXWELL SCOTT J-s 1869 CLAYTON R 8 229-01-A- 9- MAXWELL SCOTT J - LITTELL CANDACE L 1869 CLAYTON R 9 229-01-A- 10- JAROTZKY VLADIMIR - JAROTZKY MARIE E P 0 BOX 1828 10 229-01-A- 11- MORRIS DUANE LEE - MORRIS MICHELLE RENEE ✓" 1881 CLAYTON R 11 229-01-A- 12- JUSTICE KAREN E - JUSTICE JOSHUA PAUL ✓ 1885 CLAYTON R 12 229-01-A- 13- SHAFRAN STEVEN P - SHAFRAN CAROL A 1889 CLAYTON R 13 229-01-A- 14- NIELSEN EARL A - NIELSEN JANET R 1893 CLAYTON R 14 229-01-A- 15- MARTIN DANIEL G - MARTIN LISA M "' 1000 STERLING E 15 229-01-A- 16- MCKEE KENNETH - MYERS COLLEEN W ✓ 1901 CLAYTON R 16 229-01-A- 17- KEE CONSTRUCTION SERVICES LLC ✓ 420 W JUBAL EAF 17 229-01-A- 18- KEE CONSTRUCTION SERVICES LLC 420 W JUBAL EAF 18 229-01-A- 19- FASANO JEROME - FASANO CHRISTINE 6720 UNION MILL 19 229-01-A- 20- INVICTUS VA II LLC 25050 RIDING PLi 20 229-01-A- 21- INVICTUS VA II LLC 25050 RIDING PLi 21 229-03-7- 223- OAKCREST PROPERTIES LLC..-, 126 N KENT ST 22 229-03-7- 225- OAKCREST PROPERTIES LLC 126 N KENT ST 23 229-03-7- 224- OAKCREST PROPERTIES LLC 126 N KENT ST 24 229-03- - 208- FREEDMAN GARY S %, 2015 STONELEIG 25 229-03- - 207- MITC HELL RALPH C - MITCHELL SHIRLEY A . - 155 HARVEST RIE 26 229-03- - 206- MOHAMMAD LAMAR 2023 STONELEIG 27 229-03- - 205- MILLER MATTHEW T 1/' 2027 STONELEIG 28 229-03- - 204- OASIMYAR MOHAMMED JUMA w,"* 20544 FIVE OAKS 29 229-03- - 203- SIRBAUGH FORREST E III - SIRBAUGH DONNA C, 2035 STONELEIG 30 249-07- - 202- WAKEMAN BRANDON LANE 2039 STONELEIG 31 249-07- - 201- WALLACE PAMELA K ,,, ' PO BOX 91 32 249-07- - 200- WILSON MARGARET BRIDGETt,- 2047 STONELEIG 33 249-07- - 199- 44S BANK Nam, C/O HOMECOMIN 34 249-07- - 198- TELLEZ ROCIO B 2055 STONELEIG 35 249-07- - 197- CHANEY BELINDA K 2059 STONELEIG 36 249-07- - 196- MILONE KIMBERLY A 2063 STONELEIG 37 249-07- - 195- SHONK ROBERT J - SHONK SHEILA M 16308 SPILLMAN 38 249-07- - 194- HUGHES WILLIAM C 2071 STONELEIG. 39 249-07- - 193- HALL CHRISTOPHER E - HALL KAREN E ✓ 1934 HARVEST DI 40 249-07- - 192- BASNILLO MARCO A V 2079 STONELEIGI 41 249-07- - 191- MELCO INC 609 CEDAR CREE 42 249-07- - 190- HINKLE SUZANNE M 2087 STONELEIGI 43 249-07- - 189- ELSEA SUSAN E., 2091 STONELEIGI 44 249-03- - 4913- HUGHES BRANDON W - DELLINGER MORGAN LEIGH 2095 STONELEIGI 45 249-03- - 49A- OAKCREST PROPERTIES LLC 126 N KENT ST 46 249-03- - 48B- DOLL JOSHUA J - DOLL JEFFREY L 447 WOODFIELD 47 249-03- - 48A- IAROSIS MICHAEL F ET UX - IAROSIS RALUCA 818 S CHARLES Ic 48 249-03- - 4713- CRANSTON ANN CASEY ," 2111 STONELEIGI 49 249-03- - 47A- IAROSIS MICHAEL F ET UX - IAROSIS RALUCA 818 S CHARLES E 50 249-03- - 4613- ROSENBERGER AMY THOMAS ,, `' 2119 STONELEIGI 10/14/2008 Source: Frederick County GIS, April Willow Run • 0 Adjoining Pr Number Tax Map Number Owner Mailing Address 51 249-03- - 46A- BYRD SHARON M P O BOX 206 52 249-01- - 4- BARTON BONNIE G ✓ 2125 STONELEIGH 53 249-01- - 3- LONG MEADOWS FARM OF VIRGINIA 3 LLC 609 CEDAR CREED 54 249-01- - 2- RACEY LESTER E - RACEY HILDA C ✓ 940 CEDAR CREEH 55 269-05-A- 1- TURNER ENTERPRISES LLC 2971 VALLEY AVE Frederick Count 56 63 A 2H TURNER ENTERPRISES LLC 2971 VALLEY AVE 57 63 92 24A GREYSTONE DEVELOPERS INC 2055 VALLEY-AVE 58 63 A 2K C & W PROPERTIES PO BOX 221 59 63 A 2D BRIDGEFORTH RUTH D 1064 CEDAR CREE 60 63 A 1 JOVA PROPERTIES LLC PO BOX 2658 61 52 A 310 GLAIZE FRED L III & ANN W PO BOX 888 62 53 3 Al GORDON JAMES C. JR. 324 ORCHARD LN 63 53 A 95 GORDON JAMES C. JR. 324 ORCHARD LN 64 52 205 54 R & T PACKING CORP - C/O FIRST BANK TRUST DIVISION 1835 VALLEY AVE 65 52 18 8 ROUSE JASON - & TALMAGE DAVINA 118 PARKINS LN 66 52 18 7 CODELLA DOMENICO & MARIELA 143 PARKINS LN 67 52 18 6 SMITH KIM TERRY - COOPER MARY E 133 PARKINS LN 68 52 18 5 R & T PACKING CORP - C/O FIRST SANK TRUST DIVISION 1835 VALLEY AVE 69 52 A 313 PERRY STUART M INC 117 LIMESTONE LI' 70 53 A 88 PERRY STUART M INC 117 LIMESTONE Lr 71 53G 1 4 48A MERRIMANS CHASE HOMEOWNERS ASSOC - INC PO BOX 3276 72 53G 1 4 48 LYNCH MAURADE ANN 886 MERRIMANS L 73 53G 1 4 47 WIMSATT WILLIAM LEE - & BRYAN HEATHER ANN 878 MERRIMANS L 74 53G 14 46 HERNANDEZ EDGAR B - & MARTINEZ SANDRA BARAHONA 872 MERRIMANS L 75 53G 1 4 45 STANEART BRIAN KENT & LINDA CHUN 866 MERRIMANS L 76 53G 1 4 44 CHASE EDWARD M & MARIETTE A 101 HOMER DR 77 53G 1 1 8 SMITH VICKI L 100 HOMER DR 78 53G 1 1 7 MELLOTT NANCY K 828 MERRIMANS L 79 53G 1 1 6 SWOGGER JAMES F & JERI L 820 MERRIMANS L 80 53G 1 1 5 MARCOCCIO ANTHONY & FRIDA T 812 MERRIMANS L 81 53G 1 4 MARTINEZ MARIO ARCENIO 806 MERRIMANS L 82 53G 1 1 3 CHAMBERLAIN ANTHONY N & SANDRA G 101 OKEEFE DR 83 53G 1 1 2 GOLIGHTLY ROBERT & MARIAN M 100 OKEEFE DR 84 53G 1 1 1 CRESPO RAUL & NEREIDA 770 MERRIMANS L 5 53G 1 1 1A MERRIMANS CHASE HOMEOWNERS ASSOC - INC PO BOX 3276 86 153 A 89 EMMONS ELMER L & BETTY M 1747 MERRIMANS L 10/14/2008 Source: Frederick County GIS, April f D ML,4/ nor ?O C COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING December 5, 200 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #11-08 FOR WILLOW RUN On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, December 17, 2008, at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #11-08 of Willow Run, submitted by Greenway Engineering, to revise proffers associated with Rezoning #21-06, which resulted in the rezoning of 359.97 acres to R4 (Residential Planned Community) District with proffers, for commercial land uses and up to 1,390 residential units. The proffer revisions generally propose modifications to the transportation program previously approved by the County. The properties are located east of Route 37 and Merriman's Lane (Route 621), north of Cedar Creek Grade (Route 622), south and west of the City of Winchester, in the Shawnee Magisterial District, and are identified by Property Identification Numbers 53-A-90, 53-A-91, 53-A-92, 53-A-92A, 53-A-92B, 53-A-94, 53-3-A, and 63-A-2A. Any interested parties having questions or wishing to speak may attend the public hearing. A copy of the applications will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.co.frederick.va.us. Sincerely, Michael T. Ruddy, AICP Deputy Planning Director MTR/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to ceU � the attached correspondence was mailed to the following on ' from the Department of Planning and Development, Frederick County, Virginia: 1 63 -A- - 2-H 53 - A- - 90- TURNER ENTERPRISES LLC 740 LLC PO BOX 87 2971 VALLEY AVE WINCHESTER VA 22604.0087 WINCHESTER VA 22601-2631 53 -A- - 91- 63 - A- - 2-K C & W PROPERTIES GREYSTONE PROPERTIES LLC 13 S LOUDOUN ST PO BOX 221 MILLWOOD VA 22646.0221 WINCHESTER VA 22601.4777 53 - A- - 92- 63 - A- - 2-D WILLOW GROVE LC BRIDGEFORTH RUTH D 720 S BRADDOCK ST 1064 CEDAR CREEK GR WINCHESTER VA 22601.4053 WINCHESTER VA 22602 53 - A- - 92-A 63 -A- - 1- MILLER & SMITH AT WILLOW RUN LLC JOVA PROPERTIES LLC 8401 GREENSBORO DR STE 300 PO BOX 2658 MCLEAN VA 22102.5126 WINCHESTER VA 22604.1858 52 - A- - 310- 53 - A- - 92-B GLAIZE FRED L III & ANN W 750 LLC PO BOX 888 750 MERRIMANS LN WINCHESTER VA 22604-0888 WINCHESTER VA 22601.6212 Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 r" Michael T. Ruddy, Deputy Planning Director Frederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICK l a Notary Public in and for the State and County aforesaid, do 1 reby certify that Mic 1 T. Ruddy, Deputy Planning Director for the Department of Planni.n A Development, whose name is signed to the foregoing, dated has personally appeared before me and acknowledged the same in my State and ounty aforesaid. Given under my hand this My commission expires on BEVERLY H. DELLINGER NOM ID # 331878 NOTARY PUBLIC COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES JULY31,2011 day of �C>���� 00 �' . "M18 e NOTARY P LIC U V� (t 53 - 3- - Al- GORDON JAMES C JR 324 ORCHARD LN WINCHESTER VA 22602.2321 52 -20.5- 54- R & T PACKING CORP CIO FIRST BANK TRUST DIVISION 1835 VALLEY AVE WINCHESTER VA 22601.6303 52 -18- - 8- ROUSEJASON & TALMAGE DAVINA 118 PARKINS LN WINCHESTER VA 22602.2361 52 -18- - 7- CODELLA DOMENICO & MARIELA 143 PARKINS LN WINCHESTER VA 22602.2361 52 -18- - 6- SMITH KIM TERRY COOPER MARY E 133 PARKINS LN WINCHESTER VA 22602.2361 52 - A- - 313- PERRY STUART M INC 117 LIMESTONE LN WINCHESTER VA 22602.2272 53G - 1- 4- 47- WIMSATT WILLIAM LEE & BRYAN HEATHER ANN 878 MERRIMANS LN WINCHESTER VA 22602.2384 53G - 1- 4- 48-A MERRIMANS CHASE HOMEOWNERS ASSOC INC PO BOX 3276 WINCHESTER VA 22604.2476 53G - 1- 4- 48- LYNCH MAURADE ANN 886 MERRIMANS LN WINCHESTER VA 22602.2384 53G - 1- 4- 46- HERNANDEZ EDGAR B & MARTINEZ SANDRA BARAHONA 872 MERRIMANS LN WINCHESTER VA 22602.2384 53G - 1- 4. 45- STANEART BRIAN KENT & LINDA CHUN 866 MERRIMANS LN WINCHESTER VA 22602.2384 53G - 1- 4. 44- CHASE EDWARD M & MARIETTE A 101 HOMER DR WINCHESTER VA 22602-2379 53G - 1- 1 SMITH V 100 HOMER OR WINCHESTER VA 22602-2377 53G -1. 1. 7- MELLOTT NANCY K 828 MERRIMANS LN WINCHESTER VA 22602.2384 53G - 1. 1- 6- SWOGGER JAMES F & JERI L 820 MERRIMANS LN WINCHESTER VA 22602.2384 53G - 1-1. 5- MARCOCCIO ANTHONY & FRIDA T 812 MERRIMANS LN WINCHESTER VA 22602.2384 53G - 1- 1. 4- MARTINEZ MARIO ARCENIO 806 MERRIMANS LN WINCHESTER VA 22602.2384 53G - 1- 1. 3- CHAMBERLAIN ANTHONY N & SANDRA G 101 OKEEFE DR WINCHESTER VA 22602.2375 53G - 1- 1- 2- GOLIGHTLY ROBERT & MARIAN M 100 0KEEFE DR WINCHESTER VA 22602.2374 53G - 1. 1- 1- CRESPO RAUL & NEREIDA 770 MERRIMANS LN WINCHESTER VA 22602.2383 53 - A- - 89- EMMONS ELMER L & BETTY M 747 MERRIMANS LN WINCHESTER VA 22601.6211 750 LLC 603 S LOUDOUN STREET WINCHESTER, VA 22601- ADAM GEORGE ADAM SANDRA D 1513 STONE HOUSE CT WINCHESTER, VA 22601 - ALVAREZ CATHERINE 1005 ARMISTEAD ST WINCHESTER, VA 22601- BARMAK ALLAN G BARMAK JULIE 1029 ARMISTEAD ST WINCHESTER, VA 22601- BARTON BONNIE G 2125 STONELEIGH DR WINCHESTER, VA 22601- BASNILLO MARCO A V 2079 STONELEIGH DR WINCHESTER, VA 22601- BORG GERALD D BORG JACQUELYN K 1516 STONE HOUSE CT WINCHESTER, VA 22601- BROWN RICHARD L BROMLEY-BROWN LISA L 1025 ARMISTEAD ST WINCHESTER, VA 22601- This is to certify that the attached correspondence "ATas mailed to the following on from the Department of Planning and Development, Frederick County, Virginia: BUTLER STEPHEN S BUTLER ANGELA M 1509 STONE HOUSE CT WINCHESTER, VA 22601- BYRD SHARON M P 0 BOX 206 BERRYVILLE, VA 22611- CHANEY BELINDA K 2059 STONELEIGH DR WINCHESTER, VA 22601- CHOWDHURY ABDUR R CHOWDHURY LATIFA R 1512 BROOKDALE CT WINCHESTER, VA 22601- CITY" OF WINCHESTER 15 N C,1.MERON ST ATTN: PLANNING DEPT WINCHESTER, VA 22601- CRANSTON ANN CASEY 2111 STONELEIGH DRIVE WINCHESTER, VA 22601- CREGAR DAVID D CREGAR KIM S 1009 ARMISTEAD ST WINCHESTER, VA 22601- DAYAL VIICRAM DAYAL SULBHA 1516 BROOKDALE CT WINCHESTER, VA 22601- HALL CHRISTOPHER E HALL KAREN E 1934 HARVEST DR WINCHESTER, VA 22601- HANSON BENJAMIN SHAW II DE MEDICI PROPERTIES LLC 1 ANSON JANET IRENE 220 HANDLEY AVE 1515 SPRING HOUSE CT WINCHESTER, VA 22601- WINCHESTER, VA 22601- DOLL JOSHUA J DOLL JEFFREY L 447 WOODFIELD LN WINCHESTER, VA 22602-2168 FASANO JEROME FASANO CHRISTINE 6720 UNION MILL RD CLIFTON, VA 20124- EI,SEA SUSAN E 495 CHAPEL RD MIDDLETOWN, VA 22645- FREEDMAN GARY S 2015 STONELEIGH DR WINCHESTER, VA 22601- GARNES RICHARD 0 GARNES MEI FIEN 1017 ARMISTEAD ST WINCHESTER, VA 22601- 0 I tx I r✓ V I' V I M"IIN I -A COUNTY OF FREDERICK HESTER BRIAN J SVOBODA MARYKAY 1001 ARMISTEAD ST WINCHESTER, VA 22601- HINKLE SUZANNE M 2087 STONELEIGH DR WINCHESTER, VA 22601- HUGHES BRANDON W DELLINGER MORGAN LEIC 2095 STONELEIGH DR WINCHESTER, VA 22601- HUGHES WILLIAM C 2071 STONELEIGH DR WINCHESTER, VA 22601- INVICTUS VA II LLC 3684 CENTERVIEW DR STE 120 CHANTILLY, VA 20151- JAI LAXMI MAA LLC 723 KENNEDY DR WINCHESTER, VA 22601- JAROTZKY VLADIMIR JAROTZKY MARIE E P 0 BOX 1828 WINCHESTER, VA 22604- JOHNSON MARK S JOHNSON GRETCHEN L 1509 BROOKDALE CT WINCHESTER, VA 22601- JUSTICE KAREN E JUSTICE JOSHUA PAUL 1885 CLAYTON RIDGE DR WINCHESTER, VA 22601- Michael T. Ruddy, Deputy Planning Director Frederick County Planning Department 1, , a Notary Public in and for the State and County aforesaid, do hereby certify that Michael T. Ruddy, Deputy Planning Director for the Department of Planning and Development, whose name is signed to the foregoing, dated , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this day of My commission expires on NOTARY PUBLIC i /' KEE CONSTRUCTION SERVICES LLC 420 W JUBAL EARLY DR STE 103 WINCHESTER, VA 22601- KEIM DOUGLAS B KEIM PAMELA K 1510 SPRING HOUSE CT WINCHESTER, VA 22601- LEE DON D LEE LISA A 1514 SPRING HOUSE CT WINCHESTER, VA 22601- LITTELL CANDACE L MAXWELL SCOTT J 1869 CLAYTON RIDGE DR WINCHESTER, VA 22601- LEV INSON MARK E LEVINTSON LISA M 1513 BROOKDALE CT WINCHESTER, VA 22601- MO1 AD LAMAR 2023 STONELEJG14 DR WINCHESTER, VA 22601- MORLYN GROUP LLC P 0 BOX 558 WRiCHESTER, VA 22604-0558 MORRIS DUANE LEE MORRIS MICHELLE RENEE 1881 CLAYTON RIDGE DR WINCHESTER, VA 22601- NIELSEN EARL A NIELSEN JANET R 1893 CLAYTON RIDGE DR WINCHESTER, VA 22601- NOLL ROBERT G NOLL LINDA A 1517 BROOKDALE CT WINCHESTER, VA 22601- LONG MEADOWS FARM OF VIRGINIA 3 LLC 609 CEDAR CREEK GD WINCHESTER, VA 22601- MARTIN DANIEL G MARTIN LISA M 1000 STERLING DR WINCHESTER, VA 22601- MAXWELL SCOTT J LITTELL CANDACE L 1869 CLAYTON RIDGE DR WINCHESTER, VA 22601- MCKEE KENNETH MYERS COLLEEN W 1901 CLAYTON RIDGE DR WINCHESTER, VA 22601- MELCO INC 609 CEDAR CREEK GR WINCHESTER, VA 22601- MILLER MA.TTHEW T 2027 STONELEIGH DR WINCHESTER, VA 22601- MILONE KIMBERLY A 2063 STONELEIGH DR WINCHESTER, VA'22601- MITCHELL RALPH C MITCHELL SHIRLEY A 155 HARVEST RIDGE. DR WINCHESTER, VA 22601- SIRBAUGH FORREST F40 SIRBAUGH DONNA C 2035 STONELEIGH DR WINCHESTER, VA 22601- STAM M DENTON STAM NANCY P 1511 SPRING HOUSE CT WINCHESTER, VA 22601- SUBEDI GUNA RAJ FREDERICKDSEN JUDY SUBEDI 1021 ARMISTEAD ST WINCHESTER, VA 22601- SWISHER ARTHUR L SWISHER PATRICIA L I 1 I MONTAGUE AVE WINCHESTER, VA 22601- OAKCREST PROPERTIES LL` 126 N KENT ST WINCHESTER, VA 22601- QASIMYAR MOHAMMED JUMA 20544 FIVE OAKS CT STERLING, VA 20165- RACEY LESTER E RACEY HILDA C 1329 AMBROSE DR WINCHESTER, VA 22603- RE ADRIEN M RE ANNE M 1013 ARMISTEAD ST WINCHESTER, VA 22601- ROSENBERGER AMY THOMAS 2119 STONELEIGH DRIVE WINCHESTER, VA 22601- SFEIR RAMSEY SFEIR JANET E KEIM 730 MERRIMANS LN WINCHESTER, VA 22601- SHAFRAN STEVEN P SHAFRAN CAROL A 1889 CLAYTON RIDGE DR WINCHESTER, VA 22601- SHONK ROBERT J SHONK SHEILA M 16308 SPILLMAN RANCH LOOP AUSTIN, TX 78738- TELLEZ, ROCIO B 2055 STONELEIGH DR WINCHESTER, VA 22601- VOLINSKY JOHN B ET UX VOLINSKY DIANTE Y 833 ARMISTEAD ST WINCHESTER, VA 22601- WAKEMAN BRANDON LANE 2039 STONELEIGH DR WINCHESTER, VA 22601- WALLACE PAMELA K 8112 HAVEN STREET DENTON, MD 21629- WILSON MARGARET BRIDGET 2047 STONELEIGH DR WINCHESTER, VA 22601- 14ichael larosis 818 S. Charles St. Baltimore, 14D 21230 l AJ�- }billow Run �J to S �G z- k -9. o , 9 /, q a A . 9Q p . 9(k �R -- 3 -,- ,)14 Adjoining Number Tax Map Number Owner Mailing Address 51 249-03- - 46A- BYRD SHARON M P O BOX 206 52 249-01- - 4- BARTON BONNIE G 2125 STONELEIC 53 249-01- - 3- LONG MEADOWS FARM OF VIRGINIA 3 LLC 609 CEDAR CRE 54 249-01- - 2- RACEY LESTER E - RACEY HILDA C 940 CEDAR CRE 55 269-05-A- 1- TURNER ENTERPRISES LLC 2971 VALLEY AV Frederick Count 56 63 A 2H TURNER ENTERPRISES LLC 2971 VALLEY AV 57 63 92 24A GREYSTONE DEVELOPERS INC 2055 VALLEY AV 58 63 A 2K- C & W PROPERTIES PO BOX 221 59 63 A 2D BRIDGEFORTH RUTH D 1064 CEDAR CRI 60 63 A 1 JOVA PROPERTIES LLC PO BOX 2658 61 52. A 310 GLAIZE FRED L III & ANN W PO BOX 888 62 53 3 Al GORDON JAMES C. JR. 324 ORCHARD LI 63 53 A 95 GORDON JAMES C. JR. 324 ORCHARD LI 64 52 205 54 R & T PACKING CORP - C/O FIRST BANK TRUST DIVISION 1835 VALLEY AVI 65 52 18 8 ROUSE JASON - & TALMAGE DAVINA 118 PARKINS LN 66 52 18 7 CODELLA DOMENICO & MARIELA 143 PARKINS LN 67 52 18 6 SMITH KIM TERRY - COOPER MARY E 133 PARKINS LN 68 52 18 5 R & T PACKING CORP - C/O FIRST BANK TRUST DIVISION 1835 VALLEY AV[ 69 52 A 313 PERRY STUART M INC 117 LIMESTONE 70 53 A 88 PERRY STUART M INC 117 LIMESTONE 1 71 53G 14 48A MERRIMANS CHASE HOMEOWNERS ASSOC - INC PO BOX 3276 72 53G 1 4 48 LYNCH MAURADE ANN 886 MERRIMANS 73 53G .14 47 WIMSATT WILLIAM LEE - & BRYAN HEATHER ANN 878 MERRIMANS 74 53G 14 46 HERNANDEZ EDGAR B - & MARTINEZ SANDRA BARAHONA 872 MERRIMANS 75 53G 14 45 STANEART BRIAN KENT & LINDA CHUN 866 MERRIMANS 76 53G 14 44 CHASE EDWARD M & MARIETTE A 101 HOMER DR 77 53G 1 1 8 SMITH VICKI L 100 HOMER DR 78 53G 1 1 7 MELLOTT NANCY K 828 MERRIMANS 79 53G 1 1 6 SWOGGER JAMES F & JERI L 820 MERRIMANS 80 53G 1 1 5 MARCOCCIO ANTHONY & FRIDA T 812 MERRIMANS 81 53G 1 1 4 MARTINEZ MARIO ARCENIO 806 MERRIMANS 82 53G 1 1 3 CHAMBERLAIN ANTHONY N & SANDRA G 101 OKEEFE DR 83 53G 1 1 2 GOLIGHTLY ROBERT & MARIAN M 100 OKEEFE DR 84 53G 1 1 1 CRESPO RAUL & NEREIDA 770 MERRIMANS 85 53G 1 1 1A MERRIMANS CHASE HOMEOWNERS ASSOC - INC PO BOX 3276 86 53 A 89 EMMONS ELMER L & BETTY M 747 MERRIMANS TO:BARBARA-DATA PROCESSING FROW BEV - Planning Dept. Please print sets ofjabe# by 34 THANKS. 10/14/2008 Source: Frederick County GIS, April a `.` DEPT. OF GEOGRAPHIC INFORMATION SYSTEMS J FREDERICK COUNTY, VIRGINIA GIS, MAPPING, GRAPHICS WORK. REQUEST DATE RECEIVED: ESTED COMPLETION DATE: l 2S REQUESTING AGENT: Department, Agency, or Company:_ Mailing and/or Billing Address: Telephone: E-mail Address: ESTIMATED COST OF PROJECT: FAX: DESCRIPTION OF REQUEST: (Write additional in 01O L-d r- t'h-- A PS . P cAJ s L-�—-qo q ►, ��) 9a A) jai q� DIGITAL: PAPER: FAX: .,T7Fc- I COLOR: BLACKIWHITE: STAFF MEMBER: COMPLETION DATE: MATERIALS: DATE OF PICK-UP/DELIVERY: AMOUNT DUE: AMOUNT BILLED: METHOD OF PAYMENT: a on on back of request) R 6 k) jAy6- "j+ /(-6 g WIw©&j HOURS REQUIRED: AMOUNT PAID: CHECK NO-# Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-5651) 0 • /JN GREENWAY ENGINEERING NOV 2 1 2008 %*447 151 Windy Hill Lane Founded in 1971 Winchester, Virginia 22602 T R A N S M I T T A L Project Name: Willow Run Conditional Zoning Amendment Filing Packet File No: 380OWG Date November 21, 2008 To: FC Planning From: Evan Wyatt Attn: Mike Ruddy GREENWAY ENGINEERING Phone: 540-662-4185 Copied Property Owners Fax: 540-722-9528 Delivery: ❑ Fed Ex ❑ U.S. Mail ® Courier ❑ Pick Up ❑ Other ❑ Urgent ® For Your Review ❑ As You Requested ® Please Comment Message: Hi Mike, Please find attached the information necessary to file the Willow Run Conditional Zoning Amendment as determined during our meeting with VDOT and your office on September 25, 2008. This information includes the following: * Signed Application Form *Signed Notarized SLPOA Owner Forms *Location Map * Ajoiner Map & Addresses * Application Fee + 4 sign deposits * Survey Exhibit * New Proffer Statement * Letter Explaining Request * Agency Comments * Property Deed Information * Taxes Paid Verification * 70 copies of all color exhibits Please accept this information to meet the filing deadline for the December 17, 2008 Planning Commission Agenda and the January 14, 2008 Board of Supervisors Agenda. Thank you, Evan Hand Delivery and Pick Ups Only: Received By: Date: Time: Please Print Name: st aT'. � : _ ), � _ `_y - , i J r � . ','� '/ 1r4� ; � +t' e1 '�•. ,:yj, S •p' _ �•. _� L i t -�'�'r• � i it — , ` �� ` `•\ i � �'.� � �" ' � , ' 1 °' � .� f. ol EzuAlIVU i PUBLIC 1 0 i t HEARING MAY .(•fir! _. ,� , 't e �p i � �.�__T:' � 'a.•� .���'. .� t _ ,�� yf � �,, -"r, _i - '-;. ,i''-fir �` y w R Y t �- T:- a. ,,-4 - '�"' Y' � \ ra '?K `7' _ .:«, fig ' - •f.y - �+ j /4 � %- • � 1 i f !� Sit r � .i� y �. u -,�w� , fi 4 ,'.. •v �,• I , ' • ��� i'., ;�•0 4�\ �' �\ � ' �= k �r' • t: f � � t� ,'/�-1 t r•' ` - r ti w� s �~ - y ,fir � 11 LTt 1� ` :Pt � • i•. � t ` � }I � r r� •1 � �° � •� � ff • y rjtb:>S:� 1 i ii t'. , tt �%� T f 9 .� + T.�1•a„' Ski. .� �. �•� �. ` ��`. 1L! f•• r�� i� A t1:• '�\• v . � / �" �•'J'-� t1: M. .t. '�.• -' � `� •} yp, • � ��' � �, jy1 1P � ..s* •c'I t -f. ; g �ay '� it., • {L�. i` �' iS' `�t t a • � +, � iU �. ��• ., d►'- '.�1,. �! Art � Y''� r r •� •i - w'{f,�%i�S' t•, ��:ti.'� .�1'(' ri iA a I ��Y �� y •t.' • ;ti. �r )' .�. -" `Sw� J7 •++ Yr• ){ i�-=�'r'1; ,% �yy rr-� 'I _ ••'4' u . - F'� �:.' �ri ';/ �•q!\11 �,,I ..•�• �--•���ws..��• • 5 rt, ��, ��Y�t N •Jl •f' �`9 , ) `� � . �j�`lyy, � ry' raft•!) �••'4t-'�. _ �..�g��i�J/'• � � .O{g� r j� '�� _ �11 o'�l'i „� •� '' •`,_ ��,•�`` /�•t•C� �•� -T. , �+ram � 'd ,. �•� ,��.. ,, :. �r _ 3MI. 010.9 to Ft i 1 �, i ' ` r� .� � r �+• ��•'. P� Y . •tom' � �r .rr � � --- •.� r' `l 1�' . ...... ..... if, 92o I I a 7Oljl.�?j . i .� "• _ - •.�! \ +, 1�1 �/ , � 1•• .� 1." � •f�, r. � .. � ' � '_ilk°, � ` •..� $.. 1 f • .'1. ,' .,r r 1 • �, REZONING PUBLIC HEARING Frederick Cou"tY ter" . '�,_�.-.+�T��� _ , • ' �•Y � ..�� � � � .. •` , 'lyy w= i �5� 7 i rf a. ♦-. t '���y, �.F .: � �� 1 ! 9 ey ? ,,�ti� �� ♦���' ,� �� IP -` j � . .: � � 1 1,11 a li ± �t �v� .:. �, �;: .� .' - ;`} �'ti'y�, �, .w.-:::� `1�'•t�• fir+ ti 1 9• �w��A�+ { "a � � �, ���� tb �" ;+'-J.. • a j t w^ .s�{ �• � ij IiNO• i y - alp , t �, *—, —,Lu PUBLIC .�\\\f ' � .j'• �\. � fit•` •` ` t^ 12. 11 Rezoning Application; Rezoning Application Fee; Adjoining Property Information; Location Map Exhibit NOV 2 1 2008 Document Approval Form PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TIME OF YOUR APPROVAL. IF THIS DOCUMENT DOES NOT MEET YOUR APPROVAL PLEASE PROVIDE COMMENTS AS TO WHAT YOU WOULD LIKE TO HAVE COMPLETED. INITIALS DATE & TIME Candice Mark Dana Eric Mi John Amber COMMENTS: � ��� I Received by Clerical Staff (Date &Time): �- U:\Pam\Common\Document Approval Form.wpd