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HomeMy WebLinkAbout008-03 SWEJ, LLC - Red Bud - 5 Single Family Homes - Backfile• SH a 7 2_03352 o Received Date 'F�r-om Address v Z, �L 1 gg A i 'i�V l s $ , ForACCOUNT U S HOW PAID G AMT OF �. (� CASH -ACCOUNT_ AMT PAID CHECK 0 v BALANCE �-- DUE MONEY ORDER CREDIT CARD E Bp REZONING TRACKING SHEET Check List: Application ,Form Proffer Statement Impact Analysis Adjoiner List .DATE �S ZZ 3 -' !F( 1 m3Application received/file opened V ,2 (0 0 3 Four sets of adj oiner labels ordered from data processing One 8�V2" x 11" black and white location map ordered from Mapping File given to office manager to update Application Action Summary Fee & Sign Deposit Deed. . PIat1S4rVey ✓ �� Taxes Paid: Statement Impact Model Run- . _. ;L(./0 3 Reference manual updated/number assigned D-base updated r.2.1. a Copy of adjoiner list given to staff member for verification 3 PC public hearing date ACTION: 01�S16 BOS public hearing date ACTION: LIL�k) `mac _1:51 — -Signed copy of resolution for amendment of ordinance, with conditions proffered [if applicable], received from County Administrator's office and given to office manager for placement in the Proffers Notebook. (Note: If rezoning has no proffers, resolution goes in Amendments Without Proffers Notebook.) © o D � Action letter mailed to applicant l0 / ° D 3 Reference manual and D-base updated 16 . /t- � J AP4--File given to office manager to update Application Action Summary (final action) /D /0 03 File given to Mapping/GIS to update zoning map 10114 0� Zoning map amended U \Carol\Common\vacking rez Revised' 05/09/02 a COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX:540/665-6395 October 31, 2003 Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Master Development Plan Waiver for SWEJ, Inc. Property Identification Numbers (PINs) 65-A-47 and 65-A-48 (Zoning: RP) Dear Evan: I am in receipt of your letter, received by staff on October 24, 2003, which requests a waiver to the master development plan process for the proposed subdivision of the above -referenced parcels. This subdivision proposes up to five single-family detached traditional lots within the RP (Residential Performance) Zoning District. The Frederick County Board of Supervisors approved the rezoning of these parcels, with proffers, on October 8, 2003 (REZ #08-03). Section 165-134 of the Frederick County Zoning Ordinance gives the Director of Planning and Development the ability to waive the requirement for a master development plan under certain conditions. The proposed subdivision satisfies these conditions. Therefore, your request for a waiver to the County's Master Development Plan process is appropriate in this situation. Please be advised that the waiver of a Master Development Plan does not eliminate any applicable development and design requirements of the Frederick County Subdivision and Zoning Ordinances. It should also be noted that the subdivision plats for this project will require review before the Board of Supervisors during a public meeting. Please contact me if you have any questions regarding this letter. Si erely, a 7rence, AICP Planning Director JFC/ERL/bad cc: Patrick T. Davenport, Zoning & Subdivision Administrator 107 North Kent Street • Winchester, Virginia 22601-5000 11 0 0 GREENWAY ENGINEERING 151 Windy Hill Lane Winchester, Virginia 22602 Founded in 1971 T R A N S M I T T A L Project Name: SWEJ, Inc. — MDP Waiver Request File No.: 3719 Date: October 24, 2003 To: FC Planning Attn: Eric Lawrence Copied: From: Evan Wyatt GREENWAY ENGINEERING Phone: 540-662-4185 Fax: 540-722-9528 Remarks: r Urgent r For Your Review r As You Requested 1- Please Comment Message: Hi Eric, Please find attached the MDP waiver request for Bruce Boyle as we discussed. Please let me know if you have any questions or if you need any additional information. Thank you for your assistance with this matter. Have a good weekend! Evan Engineers Surveyors Telephone 540-662-4185 FAX 540-722-9528 greenway@visualIink.com 17 , R V Founded in 1971 0 0 GREENWAY ENGINEERING 151 Windy I lill Lane Winchester, Virginia 22602 October 24, 2003 Frederick County Department of Planning and Development 107 North Kent Street Winchester, VA 22601 Attn: Eric Lawrence Re: SWEJ, Inc. — Master Development Plan Request Dear Eric: The purpose of this letter is to request consideration of a waiver of the Master Development Plan (MDP) for the five -lot traditional detached single-family subdivision proposed for SWEJ, Inc. As you know, the Frederick County Board of Supervisors approved conditional Rezoning Application #08-03 for parcels 65-((A))-47 and 65-((A))- 48 on October 8, 2003. This conditional rezoning provides for a Generalized Development Plan (GDP) to demonstrate the proposed land uses for these parcels. The proposed five -lot subdivision conforms to the requirements of 165-134 Waivers of the Frederick County Zoning Ordinance; therefore, we respectfully request your approval of this waiver. Thank you for your time and consideration In this matter. Please contact me with any concerns or need for additional information. Sincerely, r Evan Wyatt, AICP Greenway Engineering Cc: Bruce Boyle, SWEJ, Inc. Kurt Pennington Engineers Surveyors File #3719/GAW Telephone 540-662-4185 I AX 540-722-9528 www.greenwayeng.com COUNTY of FRRDERICK 11 October 10, 2003 Greenway Engineering Mr. Evan Wyatt 151 Windy Hill Lane Winchester, VA 22602 RE: REZONING 908-03 OF SWEJ, LLC Deportment of Planning and Development 540/665-5651 FAX: 540/ 665-6395 Dear Evan: e above -referenced On October 8, 2003, the Frederick County Board of Supervisors (Rural Areas) o RP (Re dential Performance) application to rezone 4.017 acreson nthe north side of Sennseny Road (Route 657) and adjacent to District. This property is located Senseny Glen subdivision at the end of Dell Court (Route Red Bud Magiste1409) and is rial1Districta with Property Identification Numbers 65-A-47 and 65-A-48 in the The proffers that were approved as a part of this rezoning of application i a ion are d proffer sunique to t enhis property youdr are binding regardless of ownership. Enclosed is a copy records. office if you have any questions regarding the approval of this Please do not hesitate to contact this of rezoning application. Sincerely, Jeremy F. Camp Planner II JFC\bad cc: ,-SWEJ, LLC, Property Owner .,-Jane Anderson, Real Estate* ,,.,,,klex Gray* Patrick Davenport Marcus Lemasters* em: Gina A. Forrester, Red Bud District Board Representative* s* /' at Gochenour and Marie F. Straub, Red Bud District Planning Commissioner (* - without proffers) 107 North Kent Street - Winchester, Virginia 22601-5000 REZONING APPLICATION #08-03 SWEJ, LLC Staff Report for the Board of Supervisors Meeting Prepared: September 29, 2003 Staff Contact: Jeremy F. Camp, Planner II 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. As this application proceeds through the legislative reviewprocess, the methods) of resolution for each issue proposed by the applicant(s) and/or recommended by the Planning Commission or Board of Supervisors will be stated in the text of this report, as appropriate. Reviewed Planning Commission: 09/17/03 Board of Supervisors: 10/8/03 Action Recommendation of Approval with Proffers Approved with Proffers PROPOSAL: To rezone 4.017 acres from the RA (Rural Areas) District to the RP (Residential Performance) District. LOCATION: The two parcels of land are located on the north side of Senseny Road (Route 657) and adjacent to Senseny Glen subdivision at the end of Dell Court (Route 1409). MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBERS: 65-A-47 and 65-A-48 PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) Use: Unimproved ADJOINING PROPERTY ZONING AND PRESENT USE: North: Zoned: RP (Residential Performance) Use: Residential South: Zoned: RP (Residential Performance) Use: Residential East: Zoned: RA (Rural Areas) Use: Residential West: Zoned: RP (Residential Performance) Use: Residential PROPOSED USE: Five single-family detached traditional lots (minimum square feet per lot = 15,000) 0 0 REZ #08-03, SWEJ, LLC Page 2 September 29, 2003 REVIEW EVALUATIONS: Virginia Dept. of Transportation: The documentation within the application to rezone this property appears to have minimal impact on Routes 1409, 867 and 657. Route 1409 is the VDOT roadway which has been considered as the access to the property referenced. VDOT is satisfied that the transportation proffers offered in the rezoning application dated June 2003 addresses transportation concerns associated with this request. Before development, this office will require a complete set of construction plans detailing roadway and entrance designs, drainage features and traffic flow data for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization, and offsite 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: Water supplies for fire firefighting shall meet the requirements of Frederick County Code Section 90-4. County Engineer: We have no comments at this time. We reserve the right to perform a detailed review at the time of the subdivision submittal. Sanitation Authority: No comments. Frederick -Winchester Service Authority: No comments. Winchester Regional Airport: The proposed rezoning request has been reviewed and it appears that it will not impact operations at the Winchester Regional Airport. Public Schools: See attached letter, dated July 9, 2003, written by Al Orndorff, Administrative Assistant to the Superintendent. Greenwood Volunteer Fire Company A need for some sort of buffer prior to retirement home may be necessary. Parks & Recreation: Plan appears to address the impact this development will have on the recreational needs of the county. County Attorney_ Once signed by the owner(s), the proffers appear to be in proper form. Planning & Zoning: • 0 REZ #08-03, SWEJ, LLC Page 3 September 29, 2003 1) Site History The original Frederick County zoning map (U.S.G.S. Stephenson Quadrangle) identifies the subject parcels as being zoned A-2 (Agricultural General). The County's agricultural zoning districts were combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re -mapping of the subject properties and all other A-1 and A-2 zoned land to the RA District. 2) Location The site of the proposed rezoning consists of two parcels of land, totaling 4.017 acres. The parcels are located north of Senseny Road (Route 657), east of Senseny Glen Drive (Route 867), and at the end of Dell Court (Route 1409). Senseny Glen Subdivision is located north and west of the subject site. Furthermore, Glenmont Village Subdivision is located to the south of the properties, across Senseny Road (Route 657). The properties are located entirely within the Red Bud Magisterial District. 3) Comprehensive Policeman Although an approved small area land use study does not exist for the Senseny Road Corridor, the proposed rezoning is consistent with the land use policies found in the Comprehensive Policy Plan. These applicable land use policies encourage the establishment of suburban residential uses as the predominant land use in the UDA (Urban Development Area)(Comprehensive Policy Plan, pages 6-5 and 6-6). The site of the proposed rezoning, for five single-family detached traditional lots, is located entirely within the UDA. The Frederick County Bicycle Plan, a component of the Comprehensive Policy Plan, specifies that Senseny Road (Route 657) is a short-term designation for a bicycle path/lane (Comprehensive Policy Plan, page 7-16). Senseny Road (Route 657) is also designated by the Eastern Road Plan, found in the Comprehensive Policy Plan, as a major collector road planned for future improvements (Comprehensive Policy Plan, page 7-1 S). 4) Site Suitability No flood plains, lakes or ponds, wetlands, sinkholes, prime agricultural soils, steep slopes, or other environmental features have been identified on the 4.017 acre site. The Frederick County Soil Survey indicates that the primary soil type of the site is Clearbrook Channery Silt Loam 2 - 7%. Approximately 20% of the site consists of Weikert Berks Channery Silt Loam 2 - 7%. The two parcels of land are on the eastern side of the County, which means that they fall within the Martinsburg Shale geologic area of the County. REZ #08-03, SWEJ, LLC Page 4 September 29, 2003 5) Potential Impacts A. Transportation Using the standards found in the I.T.E. Trip Generation Manual, 6"' Edition, the proposed rezoning would increase traffic by 48 vehicle trips per day. Based on data from the 2002 VDOT Daily Traffic Volumes, these additional vehicle trips per day would be an overall increase of less than 1 % to Senseny Road (Route 657). Therefore, and along with the fact that no changes will be made to transportation infrastructure, the proposed rezoning would have a minimal transportation impact. B. Sewer and Water The Impact Analysis Statement of the applicant states that the proposed development will demand 1,250 gallons of water per day. This assumes that each single-family home uses 250 gallons of water per day. Staff Note: The Frederick County Sanitation Authority had "no comments" regarding this application. C. Historic Resources The Frederick County Rural Landmarks Survey does not identify any potentially significant historic resources on the site of the proposed rezoning. Moreover, according to the National Park Service's Study of Civil War Sites in the Shenandoah Valley of Virginia, the subject site is not included in any battlefield study area and does not contain any core battlefield resources. 6) Proffer Statement The applicant has submitted a proffer statement which has been signed by the property owner, notarized, and reviewed by the County Attorney's office. The following list is a summary of the conditions voluntarily proffered by the applicant: Only five single-family detached traditional lots are permitted. • Access is limited to Dell Court (Route 1409) only. • .40 acres of the site will be used as open space with an access easement fiom Dell Court. • A road efficiency buffer will be provided and maintained by the future HOA. A generalized development plan is proffered which shows the general details of the above proffers. REZ #08-03, SWEJ, LLC Page 5 September 29, 2003 A monetary contribution of $10,089 per lot will be paid to Frederick County at the time of building permit issuance. This contribution is equal to 100% of the projected impacts to capital facilities. Staff Note: Based on the Capital Facilities Impact Model the proffered funds will be distributed in the following manner: Fire and Rescue Department - $ 889.00 Schools - $7,571.00 Parks and Recreation - $1, 288.00 Public Library - $213.00 Sheriff's Offices - $42.00 Administration - $86.00 STAFF CONCLUSIONS FOR THE 09/17/03 PLANNING COMMISSION MEETING: The proposed rezoning is a request to rezone 4.017 acres from the RA (Rural Areas) District to the RP (Residential Performance) District to accommodate five single-family detached traditional houses. No significant issues have been identified by planning staff, or any other review agency. The subject property is located within the Urban Development Area, and the request conforms with the Comprehensive Policy Plan. Staff would also note that the proposal is consistent in design with the adjacent Senseny Glen residential development. PLANNING COMMISSION SUMMARY & ACTION OF 09/17/03 There were no citizen comments for this application. Commissioners Gochenour and Straub expressed concerns regarding the impact this rezoning would have on schools, traffic, and water usage. They were of the opinion that the worsening of these conditions along Senseny Road was not appropriate, regardless of the relatively limited size of the proposed development. The Planning Commission believed that it was important that the proposed housing be developed in a manner consistent with Senseny Glen Subdivision. The applicant spoke to this concern and stated that the houses will not be part of the property owners association of Senseny Glen, but is planned to be developed in a similar way. The majority of Planning Commissioners believed that this rezoning request was appropriate. A motion to recommend approval of rezoning application #08-03 of SWEJ, LLC was passed by majority vote. YES (For Recommendation ofApproval): Unger, Morris, Thomas, Ours, Kriz, Fisher, DeHaven NO: Gochenour, Straub ABSENT: Watt, Light, Triplett, and Rosenberry were absent from the meeting REZ #08-03, SWEJ, LLC Page 6 September 29, 2003 UPDATE FOR THE 10/8/03 BOARD OF SUPERVISORS MEETING: Since the September 17, 2003 Planning Commission Meeting, the applicant has submitted a revised proffer statement. The revised proffer statement is dated September 25, 2003, and has been signed by the property owner, notarized, and reviewed by the County Attorney's office. The proffer statement was revised to eliminate a wording inconsistency between proffer E and the General Development Plan. All other proffers remain the same. OUTPUT MODULE APPLICANT: Dell Court Rez. Net Fiscal Impact LAND USE TYPE Residential Costs of Impact Credit: Credits to be Take Total Potential Adjustment For REAL EST VAL $655,500 Required (entered in Cur. Budget Cur. Budget Cap. Future CIP/ Tax Credits Revenue- Net Capital Net Cost Per FIRE & RESCUE 4 Capital Faciltiies col sum only) Oper Car)Equip Expend/Debt S. Taxes. Other (Unadjusted) Cost Balance Facilities Impact Dwelling Unit Fire and Rescue Department $4,443 $0 $0 $4,443 $889 Elementary Schools Middle Schools $21,438 $12,611 $3,508 $17,028 $20,536 - $14,682 - $37,855 $7,571 High Schools Parks and Recreation $18,488 $7,675 $1,730 $1,730 - $1,237 - $6,438 $1,288 Public Library $1,334 $373 $373 $267 $1,067 $213 Sheriffs Offices $790 $647 $0 $161 $808 $578 $212 $42 Administration Building $1,013 $0 $0 $0 $1,013 $203 Other Miscellaneous Facilities $1,293 $1,247 $1,377 $2,623 $1,876 $0 $0 SUBTOTAL $69,085 $5,402 $18,405 $2,264 $26,070 $18,639 $50,447 $10,089 LESS: NET FISCAL IMPACT $0 $0 $0 - K NET CAP. FACILITIES IMPACT $50,4471 $10,0891 INDEX: "1.0" If Cap. Equip Included 1.0 INDEX: "1.0" if Rev -Cost Bal, "0.0" if Ratio to Co Avg: 0.0 Rev -Cost Bal = PLANNING DEPT PREFERENCES 1.0 1.0 Ratio to Co Avg = 0.533 0.715 METHODOLOGY 1. Capital facilities requirements are input to the first column as calculated in the model. 2. Net Fiscal Impact NPV from operations calculations is input in row total of second column (zero if negative); included are the one-ti me taxes/fees for one year only at full value. 3. NPV of future oper cap equip taxes paid in third column as calculated in fiscal impacts. 4. NPV of future capital expenditure taxes paid in fourth col as calculated in fiscal impacts. 5. NPV of future taxes paid to bring current county up to standard for new facilities, as calculated for each new facility. 6. Columns three through five are added as potential credits against the calculated capital facilities requirements. These are adjusted for percent of costs covered by the revenues from the project (actual, or as ratio to avg. for all residential development). NOTE: Proffer calculations do not include include interest because they are cash payments upfront. Credits do include interest if the projects are debt financed. NOTES: Model Run Date 06/18/03 J FC Project Description: Assumes 5 Single Family Dwellings on 4 acres zoned RP District. Due to changing conditions associated with development in the County, the results of this Output Module may not be valid beyond a period of 90 days from the model run date. 2002MODEL N N REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: Greenwav Engineering Telephone: 540-662-4185 Address: 151 Windy Hill Lane Winchester, VA 22602 2. Property Owner (if different from above) Name: SWEJ, LLC. Telephone: Address: 3. Contact person if other than above Name: Evan Wyatt Telephone: 4. Checklist: Check the following items that have been included with this application. Location map X Agency Comments Plat X Fees Deed to Property X Impact Analysis Statement Verification of taxes paid X Proffer Statement M X X Mq 40 as S. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: SWEJ, LLC. 6. A) Current Use of the Property: B) Proposed Use of the Property: Traditional Housing 7. Adjoining Property: Unimproved Single-family Detached PARCEL ID NUMBER USE ZONING 65-((A))-46 Residential RA District Senseny Glen Subdivision Residential RP District Glenmont Village SubdivNon Residential RP District 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): The 4.017-acre site is located on the north side of Senseny Road and adjoins the Senseny Glen Subdivisionto the north and west. Access to the subject site will occur off of Dell Court. 77 N Information to be Submitted for Capital Facilities Impact Model 11000 Rohn In order for the Plannirig 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 maximumpossible 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 Magisterial: Fire Service: Rescue Service: 10. 11. Red Bud Greenwood Greenwood Districts High School: Middle School: Elementary School Millbrook James Wood Senseny Road Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested 4.017 RA District RP District 4.017 Total Acre age to be rezoned The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family hares: 5 Townhome: Non -Residential Lots: Mobile Home: Square Footage of Proposed Uses Office: Service Station: Retail: Manufacturing: Restaurant: Warehouse: Other Multi -Family Hotel Rooms: M M 12. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the bet of my (our) knowledge. Applicant(s): l,L , Date: Date: Owner (s): 11c &�� � P, Date: Date: (0-17-07S e-- A-623 0 0 U3-D3 SWEJ, LLC REZONING Adjoining Property Owners Name Address Parcel ID # Use Zoning 65F-1-1-123 Residential RP Bruce & Lee Anne Boyle 102 Dell Ct, Winchester 65F-3-3-122Residential RP Lanny & Linda Tinsman 103 Dell Ct, Winchester 65F-3-3-121Residential RP V RP'� Aaron & Deborah Mongold 110 Senseny Glen Dr, Winchester 65F-1-1-118Residential Lawrence & Joyce Finisecy 202 Canyon Rd, Winchester 65F-2-2-116 Residential RPM Lyle & Clara Jenkins 657 Bowling Green Rd Front Royal 65F-2-2-115 Residential RP/ Rhett & Kathleen Butler 206 Canyon Rd, Winchester 65F-2-2-114 Residential RP Paula Walker -Beard 208 Canyon Rd, Winchester 65F-2-2-113 Residential RP ✓ Juanita Wines 210 Canyon Rd, Winchester 65F-2-2-112 Residential RP' Richard Haines Raleigh & Martha Easter 205 Glenridge Dr, Winchester 65D-4-5-63 Residential RP Donald Nesselrodt 110 Bedford Dr, Winchester 65D-4-5-64 Residential RP *Senseny Road Rentals 2400 Valley Ave #8, Winchester 65-A-46 Residential RA 61e)"rt-{ Ali ksxiai (',�,e U A) U-51A y iA-)C . , A-PPZ_r�-„�- 0 . Action: PLANNING COMMISSION: BOARD OF SUPERVISORS: AMENDMENT September 17, 2003 - Recommended Approval October 8, 2003 ❑ APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #08-03 OF SWEJ, LLC WHEREAS, Rezoning #08-03 of SWEJ, LLC, was submitted by Greenway Engineering to rezone 4.017 acres from RA (Rural Areas) District to RP (Residential Performance) District for property located on the north side of Senseny Road (Route 657) and adjacent to Senseny Glen subdivision at the end of Dell Court (Route 1409), and is identified with Property Identification Numbers 65-A-47 and 65-A-48 in the Red Bud Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this rezoning on September 17, 2003; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on October 8, 2003; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to change 4.017 acres from RA (Rural Areas) District to RP (Residential Performance) District as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. PDRes #23-03 • • This ordinance shall be in effect on the date of adoption. Passed this 8th day of October, 2003 by the following recorded vote: Richard C. Shickle, Chairman A�Y—e Sidney A. Reyes Ave Gina A. Forrester Nay Margaret B. Douglas Aye W. Harrington Smith, Jr. Aye Robert M. Sager Aye Lynda J. Tyler Aye A COPY ATTEST `41�� JoM RRAUley, Jr. Fre- -ick County Administrator PDRes. #23-03 0:\Rcsolutions\2003 Rezoning Resolutions\SWE],LLC.wpd Greenway Engineering June 17, 2003 Revised September 25, 2003 • SWEJ, LLC. Rezoning Preliminary Matters SWEJ, LLC. REZONING Tax Parcels 65-((A))-47 & 65-((A))-48 f ED', 13q Magisterial District Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # 08-03 for the rezoning of 4.017 acres from the RA, Rural Areas District to establish 4.017 acres of RP, Residential Performance District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this applicant and their legal successors, heirs, or assigns. The subject property, more particularly described as the lands owned by SWEJ, LLC. being all of Tax Map Parcels 65-((A))-47 and 65-((A))-48, and further described by Deed Instrument 030005619 recorded March 17, 2003 in the Frederick County Clerk of the Court Office. The applicant hereby proffers the following: A.) Land Use Restrictions The applicant hereby proffers that the 4.017-acre site will be limited to five single- family detached traditional building lots. Single-family detached housing shall be the only housing type permitted on the 4.017-acre site B.) Access The applicant hereby proffers that access to the 4.017-acre site will be limited to direct access to Dell Court. No primary or secondary access points will be permitted to occur on the Senseny Road frontage on the 4.017-acre site to serve any residential building lot. File #3719/EAW rl Greenway Engineering June 17, 2003 Revised September 25, 2003 4) SWEJ, LLC. Rezoning C.) Open Space The applicant hereby proffers to provide for a minimum of 0.40 acres of open space that will be located on parcel 65-((A))-47. This open space will be connected with a ten -foot access easement that is accessible from Dell Court. The applicant hereby proffers to provide for a road efficiency buffer along the portion of Senseny Road that adjoins the five single-family detached traditional building lots and further proffers to establish homeowners covenants that require the maintenance of the road efficiency buffer. D.) Monetary Contribution to Offset Impact of Development The undersigned owners of the above -described property hereby voluntarily proffer that in the event rezoning application # 08-03 is approved, the undersigned will pay to the Treasurer of Frederick County, Virginia a total of $10,089 per single-family detached traditional building lot at the time of building permit issuance for each residential lot. E.) Generalized Development Plan The applicant hereby proffers to provide for a Generalized Development Plan depicting the location of residential land use and the location of all road efficiency buffer and open space areas associated with the 4.017-acre site. The Generalized Development Plan shall serve as the guide for the Subdivision Design Plan for this acreage. File #3719/EAW 9 SWEJ, LLC. Rezoning Greenway Engineering June 17, 2003 Revised September 25, 2003 F.) Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: By: '� ,uw 0 � Sw L J L u ,�e�ti 1�-� 0 � /7z�-/03 SWEJ, LLC. Date Commonwealth of Virginia, Ci /County fTo Wit: The foregoing instrument was acknowledged before me this 2-b4hday of 5?6e•1' 2(1n3 by &ucP A • FYIe SUJ ES u-0-1 Mev-y-1 beer Notary Public My Commission Expires FPbv1x� Zq, 2x�o ej- Z L,)Ci5 rVlvvt 165'i ovaed 0- ►V b i G �f ct 5 'Db v1v1a- L • Step he.v1 S File #3719/EAW 0) c-1 D0 mD0 z O O A V) C7 N D O r o rrt N O O O O l % O 116 s 105 A (r 0) Senseny Glen Drive V Cb N N p .4 C N m � o to O C c Ib N N co V 7 0 co 0 a \\o a -- �? z \\\\N -3ri- a o \\\\\�+ can to 1 0 \\ w 0 — — — — _ L, o Lo OPEN SPACE AREA 4 N (P J N Q1 O Range Ct. U CP t0D O m IZ 0 SOLID WOODS STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY. VA A uJ 21I■ GREENWAY ENGINEERING 1 1 Windy Hill lane rOVe� 1n 1m W ncheeler. Vi,ginie 22602 Engineers Telephone 540-662-4185 Surveyor FAX 549-722-9528 4 FA • AMENDMENT • Action: PLANNING COMMISSION BOARD OF SUPERVISORS September 17, 2003 October 8, 2003 - Recommended Approval ❑ APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #08-03 OF SWEJ, LLC WHEREAS, Rezoning #08-03 of SWEJ, LLC, was submitted by Greenway Engineering to rezone 4.017 acres from RA (Rural Areas) District to RP (Residential Performance) District for property located on the north side of Senseny Road (Route 657) and adjacent to Senseny Glen subdivision at the end of Dell Court (Route 1409), and is identified with Property Identification Numbers 65-A-47 and 65-A-48 in the Red Bud Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this rezoning on September 17, 2003;and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on October 8, 2003; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to change 4.017 acres from RA (Rural Areas) District to RP (Residential Performance) District as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. PDRes 423-03 This ordinance shall be in effect on the date of adoption. Passed this 8`h day of October, 2003 by the following recorded vote: Richard C. Shickle, Chairman Gina A. Forrester W. Harrington Smith, Jr. Lynda J. Tyler Aye Sidney A. Reyes Ave Nay Margaret B. Douglas Aye Aye Robert M. Sager Aye Aye A COPY ATTEST c. Jolui%�kCounty ley, Jr. 1 Frei- Administrator PDRes. #23-03 0AResolutions\2003 Rezoning Resolutions\SWE],LLC wpd Greenway Engineering • June 17, 2003 W WEJ, LLC. Rezoning Revised September 25, 2003 SWEJ, LLC. REZONING Tax Parcels 65-((A))-47 & 65-((A))-48 P 10 gU,l-- -. Magisterial District Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # 08-03 for the rezoning of 4.017 acres from the RA, Rural Areas District to establish 4.017 acres of RP, Residential Performance District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this applicant and their legal successors, heirs, or assigns. The subject property, more particularly described as the lands owned by SWEJ, LLC. being all of Tax Map Parcels 65-((A))-47 and 65-((A))-48, and further described by Deed Instrument 030005619 recorded March 17, 2003 in the Frederick County Clerk of the Court Office. The applicant hereby proffers the following: A.) Land Use Restrictions The applicant hereby proffers that the 4.017-acre site will be limited to five single- family detached traditional building lots. Single-family detached housing shall be the only housing type permitted on the 4.017-acre site B.) Access The applicant hereby proffers that access to the 4.017-acre site will be limited to direct access to Dell Court. No primary or secondary access points will be permitted to occur on the Senseny Road frontage on the 4.017-acre site to serve any residential building lot. File #3719/EAW Greenway Engineering • June 17, 2003 �WEJ, LLC. Rezoning Revised September 25, 2003 C.) Open Space The applicant hereby proffers to provide for a minimum of 0.40 acres of open space that will be located on parcel 65-((A))-47. This open space will be connected with a ten -foot access easement that is accessible from Dell Court. The applicant hereby proffers to provide for a road efficiency buffer along the portion of Senseny Road that adjoins the five single-family detached traditional building lots and further proffers to establish homeowners covenants that require the maintenance of the road efficiency buffer. D.) Monetary Contribution to Offset Impact of Development The undersigned owners of the above -described property hereby voluntarily proffer that in the event rezoning application # 08-03 is approved, the undersigned will pay to the Treasurer of Frederick County, Virginia a total of $10,089 per single-family detached traditional building lot at the time of building permit issuance for each residential lot. E.) Generalized Development Plan The applicant hereby proffers to provide for a Generalized Development Plan depicting the location of residential land use and the location of all road efficiency buffer and open space areas associated with the 4.017-acre site. The Generalized Development Plan shall serve as the guide for the Subdivision Design Plan for this acreage. File #3719/EAW Greenway Engineering June 17, 2003 WEJ, LLC. Rezoning Revised September 25, 2003 4V F.) Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: By: N �kyc p (it 5t�) L 1-1j�'1e�ti -� 0 9, SWEJ, LLC. Date Commonwealth of Virginia, Ci /County f Cred(eLk_. To Wit: The foregoing instrument was acknowledged before me this Z6Vhday of 6".r 206-j by uC� /� • Yee SUJ ' i NieuYl be,>� Notary Public i47y Commission Expires FPS\��-w 2qF Zoo�— Z Loa5 eo,v1vvli55iovaed C- P�(b+r'✓t,{ Q5 ..ivvlrla- L. S-�eehev?S File #3719/EAW k, IMPACT STATEMENT SWEJ, LLC. REZONING Red Bud District Frederick County, Virginia TM 65-((A))-47 & 65-((A))-48 4.017 Acres June 17, 2003 Current Owners: SWEJ, LLC. Contact Person: Evan Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 540-662-4185 0 0 Greenway Engineering June 17, 2003 SWEJ, LLC. Rezoning SWEJ, LLC. REZONING INTRODUCTION This report has been prepared for the purpose of assessing the impact on Fredrick County by the proffered rezoning of two parcels owned by SWEJ, LLC. Totaling 4.017 acres. The subject parcels are located on the north side of Senseny Road (Route 657), immediately south and east of the Senseny Glen Subdivision. The current zoning is RA, Rural Areas District. SWEJ, LLC. proposes to rezone the 4.017 acres to RP, Residential Performance District. Please see the attached SEWJ, LLC. Location Map. Basic information Location: Magisterial District: Property ID Numbers: Current Zoning: Current Use: Proposed Use: Proposed Zoning: Total rezoning area: COMPREHENSIVE PLAN North side of Route 657 adjacent to Senseny Glen Red Bud 65-((A))-47 & 65-((A))-48 RA District Unimproved Parcels Single -Family atached Traditional Homes RP District 4.017 acres The proposed site is being developed in conformance with the Comprehensive Policy Plan. The Comprehensive Policy Plan states that suburban residential development will occur within the Urban Development Area. Senseny Road is designated as a major collector road and has been a developing suburban residential corridor since the inception of the UDA. 1. Urban Development Area Expansion of the Urban Development Area (UDA) beyond its existing boundary is not required by this application. 2. Sewer and Water Service Area Expansion of the Sewer and Water Service Area (SWSA) beyond its existing boundary is not required by this application. 2 0 0 Greenway Engineering June 17, 2003 SWEJ, LLC. Rezoning A. SUITABILITY OF THE SITE Access The subject site, tax parcels 65-((A))-47 and 65-((A))-48, has approximately 360 feet of frontage along Senseny Road. Senseny Road is identified as a major collector road; therefore, individual lot access is not permitted. Dell Court was constructed during the development of the Senseny Glen SubdivNon and is located on parcel 65-((A))-48, enabling access to residential lots that will be established on the subject site. Flood Plains The subject site is located on the FEMA NFIP map #510063-0120-B. The site is located as "Zone C", area outside the 100-year flood plain. Wetlands The National Wetlands Inventory Map indicates that there are no wetlands on the subject site. Soil Types The followirg soil types contained in this tract have been obtained from the Soil Survey of Fredrick County, published by the USDA Soil Conservation Service. The subject site is located on map sheet number 37, and contains two soil types: 913-Clearbrook Channery SiltLoam 2-7 %, covers 80% of this site 41C-Weikert Berks Channery Silt Loam 7-15% covers 20% of this site B. SURROUNDING PROPERTIES Adj oinirgproperty zoning and present use: North: Zoned RP District Residential (Senseny Glen Subdivision) South: Zoned RP District Residential (Glenmont Village Subdivision) East: Zoned RA District Residential West: Zoned RP District Residential (Senseny Glen Subdivision) 3 9 Greenway Engineering June 17, 2003 SWEJ, LLC. Rezoning C. TRANSPORTATION The subject site is proffered to contain five singlo-family detached traditional residential lots that are a minimum of 15,000 square feet. The Institute of Transportation Engineers (ITE) Trip Generation Manual, 6`" Edition identifies an average daily traffic rate of 9.57 vehicle trips for single-family detached housing. Therefore, the proffered number- of residential units will provide an average of 48 vehicletrips per day. The 2002 Virginia Department of Transportation Daily Traffic Volumes identifies 5,200 average daily vehicle trips on this segment of Senseny Road. The proffered number of residential units will increase the total amount of daily traffic volume on Senseny Road by less than 1% of the 2002 volume. The impacts to transportation associated with the 4.017-acre rezoning are negligible. D. SEWAGE CONVEYANCE AND WATER SUPPLY The subject site is proffered to contain five single-family detached traditional residential lots that will be served by public water and sewer. A projected water demand of 250 gpd is reasonable for single-family detached housing. Therefore, the projected average daily water demand for the 4.017-acre rezoning is 1,250 -pd. The Frederick County Sanitation Authority (FCSA) is currently providing between 3-4 mgd of potable water to Frederick County. The additional demand of 1,250 gpd can be easily provided without impacting the overall water sources that are utilized by the FCSA. Sewage conveyance from the 4.017-acre rezoning will be directed to the Opequon Water Reclamation Facility on Berryville Pike (U.S. Route 7). The Opequon Water Reclamation Facility has a hydraulic capacity of 8.4 mad. There is adequate capacity at this facility to accommodate the sewage conveyance produced by the subject site. F. DRAINAGE The 4.017-acre site drains to the east towards the Opequon Creek. A portion of Dell Court is constructed on parcel 65-((A))-48; therefore storm water- flows are directed along both sides on the road to a natural drainage swale that is located on both parcels. Site grading for the proffered five single-family detached traditional residential lots will be designed to ensure positive drainage. An on -site storm water management facility will be constructed within the proffered open space area if necessary to accommodate post - development storm water- flows. M 0 0 Greenway Engineering June 17, 2003 SWEJ, LLC. Rezoning G. SOLID WASTE DISPOSAL The impact on solid waste disposal facilities can be projected from an average annual household impact to landfill volume of 5.4 cubic yards per household. Therefore, the projected annual impact to the Municipal Solid Waste portion of the Regional Landfill is 27 cubic yards for the 4.017-acre site. The Municipal Solid Waste Landfill has a current capacity of 7,800,000 cubic yards, which can easily accommodate the additional solid waste generated by this project. H. HISTORICAL SITES AND STRUCTURES The Frederick County Rural Landmarks Survey does not identify potentially significant structures or sites on the 4.017-acre site or within proximity of the subject site. The Comprehensive Policy Plan does not identify significant historic features along this segment of Senseny Road. I. OTHER IMPACTS The impacts to community facilities and services has been adequately mitigated through the provision of a monetary contribution to Frederick County that is consistent with the County's Fiscal Impact Model. '.��� �'� Frede i..k Count Public .,Lbools ..r� Y ... to ensure all students an excellent: eciucation Administrative Assistant to the Superintendent July 9, 2003 Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 RE: SWEJ, LLC Rezoning Dear Mr. Wyatt: Al Orndorff orndorfa@frederick.kl 2.va.us This letter is in response to your request for comments concerning the rezoning application for the proposed SWEJ, LLC Rezoning. Significant residential growth in this portion of Frederick County has resulted in the schools serving this area having student enrollments nearing or exceeding their practical capacity. The cumulative impact of this project and others of similar nature, coupled with the number of approved, undeveloped residential lots in the area, will necessitate the future construction of new school facilities to accommodate increased student enrollments. The proposed monetary proffer for Public Schools does meet school facilities impact as indicated by the Frederick County Fiscal Impact Model. The impact of this rezoning on current and future school needs should be considered during the approval process. Respectfully Yours, 41ndorff dfAsistant Administrativ to the Superintendent Copy: William C. Dean Ph. D., Superintendent of Schools Robert W. Cleaver, Assistant Superintendent for Administration JUL 14 20M ----------------- 1415 Amherst Street P.O. Box 3508 Winchester, Virginia 22604-2546 www.frederick. k12.va. us 540-662-3889 ext. 112 540-545-2439 540-662-3890 fax Rezoning Comments Frederick County Attorney Mail to: Frederick County Attorney Co. Administration Bldg., Suite 202 107 North Kent ,Street Winchester, Virginia, 22601 (540) 665-6383 Hand deliver to: Frederick County Attorney Co. Administration Bldg., Suite 202 107 North Kent Street Fourth Floor Winchester, Virginia (540) 665-5651 Applicant Please fill,out the nformattonEas accurately as possible n oider to assist the;.County r Atto�iy 's office ;with their review Attach a copy of your apphcaton3%rm, location map, profferstatemerit, imWR pact,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: The 4.017-acre site is located on the north side of Senseny Road and adjoins the Senseny Glen Subdivision to the north and west. Current zoning: RA Zoning requested: RP Acreage: 4.017 acres County Atttorney's Comments: L/ Assistant County Attorney' Signature & Date: Notice to County Attorney — Please Return This Form to the Applicant J_ z I 0 0 COUNTY of FREDERICK Mr. John C. Lewis, P.E., C.L.A. Painter -Lewis, P.L.C. 116 South Stewart Street Winchester, Virginia 22601 RE: Rezoning Proposal - Parcel I.D.# 65-A-46 Frederick County, Virginia Dear John: Department of Public Works 540/665-5643 FAX: 540/ 678-0682 December 1, 2005 We have completed our review of your application to rezone parcel 65-A-46 (2.0 acres) from RA to RP and offer the following connnents: 1. Refer to Page 3, Drainage: The storm drainage analysis for the proposed four (4) lot subdivision shall include an evaluation of the adequacy of the downstream culverts in the Senseny Glen subdivision as well as the impacts of the storm flows from Dell Court. 2. Refer to Page 3, Solid Waste Disposal Facilities: The discussion references the citizens' trash convenience facility at the Greenwood Fire Hall as the closest site for trash disposal. Unfortunately, this site is currently overloaded and possibly slated for closure in the near future. Consequently, we are requesting that all new subdivisions provide curbside pickup in their homeowners' covenants. This issue is generally addressed in the proffer statement which was not included in your rezoning application. If you have any questions regarding the above comments, I can be reached at 722-8214. Sincerely. Harvey E. rawsnyder, Jr., P.E. Director of Public Works HES/rls cc: Planning and Development ✓ / file CAProgram Files\wordPerfect Office 11\Rhonda\TEMPCON1n1ENTS\rezcomshaiiiieemagdisth•ict65-A-46.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 Rezoning Comments %!! :r,.? f:;•{. {Fjj•�j,..::' %%u•Fv!:.N.'f.;;!•Yj:;;!: v{.;..�;!vii�i. f.,.,.;�•rFl..:::..:/: fur::..., F...�.. F..y F...: f .:.: r • f f • '.:•.'/.y:•:4:Y.t f!: /: �r r;.y.:., r::i. �....�•; .v� r/„/,i.,,,,r..-r.... /f/..,r„i,I,rrf,/.,,//i::i r/..»,rrri.:;r,,..f;::;i::!//,•r.Ff::is:iii/..,.�•,�:;:-/.,,!/,i/!%fi ir,,,,4/iri%rn�,f./i:•,,,.,,.»:•,;/,:,r:i:n,iirfiiri%i�::7:f Frederick County Department of Planning and Development Mail to: Department of Planning and Development Attn: County Planner 107 North Kent Street Winchester, Virginia, 22601 (540) 665-5651 Hand deliver to: 107 North Kent Street Fourth Floor Winchester, Virginia (540) 665-5651 Applicant's Name: Greenway Engineering Telephone: 540-662-4185 Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Location of property: The 4.017-acre site is located on the north side of Senseny Road and adjoins the Senseny Glen Subdivision to the north and west. Current zoning: RA Zoning requested: RP Acreage: 4.017 acres Planning Department Comments: Superintendent's Signature & Date: Notice to Planning Department — Please Return This Form to the Applicant ri COMMONWEALTH of VIRCjINIA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY Philip A. Shucet 14031 OLD VALLEY PIKE JERRYA. COPP COMMISSIONER EDINBURG, VA 22824 RESIDENT ENGINEER TEL (540) 984-5600 FAX (540) 984-5607 VDOT Comments to SWEJ, LLC Rezoning ust 4, 2003 The documentation within the application to rezone this property appears to have minimal measurable impact on Routes 1409, 867 and 657. Route 1409 is the VDOT roadway which has been considered as the access to the property referenced. VDOT is satisfied that the transportation proffers offered in the rezoning application dated June, 2003 addresses transportation concerns associated with this request. Before development, this office will require a complete set of construction plans detailing roadway and entrance designs, drainage features and traffic flow data for review. VDOT reserves the right to comment on all right-of-way needs, including right- of-way dedications, traffic signalization, and offsite 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. Lloyd A. Ingram Transportation Engineer LAI/rf Attachment VirginiaDOT.org WE KEEP VIRGINIA MOVING AUGIr 0 6 2Dij� j �i L-tj Rezoning Comments* Virginia Department of Transportation Mail to: Virginia Department of Transportation C) Attn: Resident Engineer C> 14031 Old Valley Pike Edinburg, Virginia 22824 (540) 984-5600 Hand deliver to: Virginia Department of Transportation Attn: Resident Engineer Z71 2275 Northwestern Pike Winchester, VA 22603 (540)-53501828 Applicant's Name: Greenway Engineering Telephone: 540-662-4185 Mailing Address: 151 Whidv Hill Lane Winchester, VA 22602 Location of property: The 4.017-acre site is located on the north side of Senseny Road and ad -joins the Senseny Glen Subdivision to the north and west. Current zoning: RA Zoning requested: RP Acreage: 4.017 acres Virginia Department of Transportation Comments: See attaehed eammeRtS fFE)M VIDOT dated August 4, 2A-Q--21 VDOT Signature & Date: r -� b 3 I , Notice to VDOT — Please Return This Form to the Applicant Rezoning Comments i�i%���;�� % � ri i ra,�,��<..r<.,,./.;%J.f/;f•Yf rrii!, ,,�,,,r,.,•..,,y%/ /' %I,%�%r/%/:'//f%/`�;%/J,f ;/ii!/��'%'; "!;r/f%If�%:�%%;�•% r./��:� .%rrr /��/.�// ��%./, ., /�i;'r.•rf.'�r/i N/i Jr.rri// / /,•, //rim.. 4%1,.�/.%////%�����i/i/� /,..ri. J Frederick County Sanitation Authority Mail to: Frederick County Sanitation Authority Attn: Engineer P.O. Box 1877 Winchester, Virginia, 22601 (540)665-1061 Hand deliver to: Frederick County Sanitation Authority Attn: Engineer 315 Tasker Road Stephens City, Virginia Applicant's Name: Greenway Engineering Telephone: 540-662-4185 Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Location of property: The 4.017-acre site is located on the north side of Senseny Road and adjoins the Senseny Glen Subdivision to the north and west. Current zoning: RA Zoning requested: RP Acreage: 4.017 acres Sanitation Authority Comments: /-77,0 cltr��� Sanatation Authority Signature & Date: 30 c/6�141 d Notice to Sanitation Authority— Please Return This Form to the Applicant Rezoning Comments • • ...///!f i�%:.{� /f/.i�r: �: +/vif//ri!ii{:,'.!/.!i!%f�+i%i+%!il{iiq%{i+i:%;y+/:ail%'1%iif%:f.+ry.%'/ fff.�ry+:{:/i % i f.•:%f.i: : i•:.%rii�+lx{{:/.{i.i.: �'%i,,/`:�';•+,::.� //•`•.+f :Gr f / / ..�/>��%% f.:i +•.:.•r.::: sy > r•:: ,•�f f / f /%f :ir.•.:•� /,r'{�/l.,l,%f��:;,, /r��/,•:.�.;7:::.: ri Frederick County Department of Public Works Mail to: Frederick County Dept. of Public Works Attn: Director of Engineering 107 North Kent Street Winchester, Virginia, 22601 (540) 665-5643 Hand deliver to: Frederick County Dept. of Public Works Attn: Director of Engineering County Administration Bldg., 4`h Floor 107 North Kent Street Winchester, Virginia i Applicant: PIeasc fill out. the information as accurately as passible in order to assist the Department of Public- Works 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: The 4.017-acre site is located on the north side of Senseny Road and adjoins the Senseny Glen Subdivision to the north and west. Current zoning: RA Zoning requested: RP Acreage: 4.017 acres Department of Public Work's �l\(t' Ad". f' /C,AA Public Works Signature & Date: Comments: nP, TS C& \l�1 S 1 )VWk 6C - Notice to Dept. of Public Works Return This Form to the Applicant . A ' V`+ 0 • Rezoning Comments !i`,•{.':':.!l;y%i.'•i:!.:!!iil::!.:�/l..i..:�!!!i!•iG'.':•,:!r%�!!�;'i.:i.::;i!:;�.y:•Frf-'lf/%J,!!!.J i:!!,.:,.:r,i'i/.i: :!r,,,!::Yr %//r':%,. .,if!:: :..%N :,/:!4%/%:r :i:%!r, !, •�• J,..: /.....,,� :, :a/ J:'..':;/;%, . /.:.: ,//•:. y,... � ..: �: `.. f,,/.:..% ; .:/i;,:::F::;:::;.'!1::> /:i: ,�-.,J//,f.,,:... ;r1; ; .♦..; J .. / /.:� . .; /,rfi/,/�i u..J�,..,., .rir„r��:::,,/%/,:,.•,:.:,,,l;i:/�/.rn:/�i..r/ll.,:.rr,'J:ri..:.,//,Jirri,:r:,rl.::;/,:r,:r.::,r::r,//�//,i:,ri/i;if,/:n„r��;%%/%?n,///�����i//,•rr, •r:%/:',/iii;;•::. Winchester Regional Airport Mail to: Winchester Regional Airport Attn: Executive Director 491 Airport Road Winchester, Virginia 22602 (540) 662-2422 Hand deliver to: Winchester Regional Airport Attn: Executive Director 491 Airport Road (Rt. 645, off of Rt. 522 South) Winchester, Virginia Applicant's Name: Greenway Engineering Telephone: 540-662-4185 Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Location of property: The 4.017-acre site is located on the north side of Senseny Road and adjoins the Senseny Glen Subdivision to the north and west Current zoning: RA Zoning requested: RP Acreage: 4.017 acres Winchester Regional Airport's Connnents: Winchester Regional Airport's Signature & Date: E Notice to Winchester Regional Airport — Please Return This Form to the Applicant s� SERVING THE TOP OF VIRGINIA / June 30, 2003 WINCHESTER REGIONAL AIRPORT Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 491 AIRPORT ROAD WINCHESTER, VIRGINIA 22602 (540) 662-2422 Re: Rezoning Comment SWEJ, LLC Red Bud Magisterial District Dear Mr. Wyatt: The proposed rezoning request has been reviewed and it appears that it will not impact operations at the Winchester Regional Airport. Thank you for the opportunity to review this request. Sincerely, �� P� S. R. Manuel Executive Director s • • • Rezonin Comments Frederick County Fire Marshal Mail to: Frederick County Fire Marshall Attn: County Planner 107 North Kent Street Winchester, Virginia, 22601 (540) 665-6350 Hand deliver to: Frederick County Fire & Rescue Dept. Attn: Fire Marshal County Administration Bldg., 1' Floor 107 North Kent Street Winchester, Virginia Applicant's Name: Greenway Engineering Telephone: 540-662-4185 Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Location of property: The 4.017-acre site is located on the north side of Senseny Road and adjoins the Senseny Glen Subdivision to the north and west. Current zoning: RA Zoning requested: RP Acreage: 4.017 acres Fire Marshal's Continents: Fire Marshal's Signature & Date: Notice to Fire Marshal — Please Return This Form to the Applicant , Control number RZ03-0008 Project Name SWEJ,LLC Address 151 Windy Hill Lane Type Application Rezoning Current Zoning RA Automatic Sprinkler System No Other recommendation Emergency Vehicle Access Not Identified Siamese Location Not Identified Emergency Vehicle Access Comments Access Comments Frederick County Fire and Rescue Department Office of the Fire Marshal Plan Review and Comments Date received Date reviewed 6/27/2003 7/2/2003 Applicant Greenway Engineering City State Zip Winchester VA 22602 Date Revised Applicant Phone 540-662-4185 Tax ID Number Fire District Rescue District 65-A-47 8 48 18 18 Election District Recommendations Red Bud Automatic Fire Alarm System Residential Sprinkler System No Yes Requirements Hydrant Location Fire Lane Required Not Identified No Roadway/Aisleway Width Special Hazards Not Identified No Additional Comments Water supplies fire firefighting shall meet the requirements of Frederick County Code Section 90-4. Plan Approval Recommended Reviewed By Signature Yes Timothy L. Welsh Title F!RE MARSHAL, FREDERICK COUNTY Rezoning Comments Fire and Rescue Company Name of Fire & Rescue Company: Address & Phone Greenwood Vol Fire Co PO Box 3023 Attn: Chief Eddie Keeler Winchester, VA 22604 540-667-9417 an . P1 ase Cdl out:::: `'`.;::» :.:.:;::;:.:> :al;:: :::;: c the..rnforma n.as ac urat »` a . 'osa"bI ''.:..»:..... :o ` :> ' a el .:. a.... xn.or .e .t . a srs.t. he..::.:;..:::::;:.;.:..;::::>':::.>.. P P:.:.........................:.......................:.:.:..:::.......::::..:::::..::.::.:::.:.::::::::::.:.:.:: . ::::::::::..Y.::::.:.::::.:.:::::.::.:::::::::::::::::.:::.:...:.:....:::.:... ......... biro:>arid ;:.;:::;<;:::-;:;::<:;, :;:;.......:....:. ........... ... cue.... ua.....wzih:thxz..re...iew,:::Aaca:o :::of ouir:;;a lication;;far..m':ocaioz::inaa . �I .......::.::.; .::... y >::;::>::>:::: .:.> p ..... Proffer.::statement im aet>anal n ::: t e <> szs> and. a o. hez ert�n nt.�nforma onf::<::<:.:: >.<::>.:><.:..:::.>;»: <>.........>.. :::::.:..:.:R.::::.::::::..:::..::.:::::.,...:..::::::::.::.Y.:::::.:::::...::.::::::..:..:::::::::::.:...:::.:..:::.:..: .:..:..:.:::::.::::::::...:::::......::::::::...............::::..........::: P:::::::::..:.::::.:::::::::::::::::::::..:.::. .:::.:.::::::.::::::: Applicant's Name Mailing Address: Location of Property: Current zoning: RA Greenway Engineering Telephone: 540-662-4185 151 Windy Hill Lane Winchester, VA 22602 The 4.017-acre site is located on the north side of Senseny Road and adj the Senseny Glen Subdivision to the north and west. Zoning requested: RP Acreage: 4.017 acres Fire and Rescue Company's Comments: !1 l�e� ��••r m� nor + a � b u Me r_ 0 Mir ntC-n �- Fire & Rescue Compan , s Signature & Date: 7= - 6 In Notice to Fire & Rescue Company - Please Return This Form to the Applicant Rezonin; Comments • • Frederick County Department of Parks & Recreation Mail to: Frederick County Department of Parks & Recreation 107 North Kent Street Winchester. Virginia, 22601 (540) 665-5675 Hand deliver to: Frederick County Department of Parks & Recreation County Administration Bld,.. 2°`i Floor 107 North Kent Street Winchester, Virginia Applicant: Please Jill out the information asaccurately as possible in order to assist the Department of Parks & Recreation with their review. Attacli a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. :applicant's Name: Greemvay Enggineerint; Telephone: `40-662-415-:: Mailing, Address: 151 Windy Hill Lane Winchester. VA 22602 Location of property: The 4.017-acre site is located on the north side of Sensenv Road and adioins the Sensenv Glen Subdivision to the north and west. Current zoning: RA Zoning rcclucsted: RP ;acreage: 4.017 acres Department of Parks & Recreation Comments: Plan appear- to address the impact tliis dc,: C- opment will :lave on the recreational needs or the count.-. Pks. & Rec. Signature & Date: 7/01/03 Notice to Department of Parkisi Recreation — Please Return This Form to the _applicant Rezoning Comments x.2 S Frederick —Winchester Service Authority Mail to: Fred-Winc Service Authority Attn: Jesse W. Moffett, Executive Director P.O. Box 43 Winchester, Virginia 22604 (540) 722-3579 Hand deliver to: Fred-Winc Service Authority Attn: Jesse W. Moffett 107 North Kent Street Winchester. Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Frederick -Winchester Service Authority with their review. Attach a copy of your application form, location map, proffer statement, and any other pertinent information. Applicant's Name: Greenway Engineering Telephone: 540-662-4185 Mailing Address: 151 Windy Hill Lane Winchester. VA 22602 Location of property: The 4.017-acre site is located on the north side of Senseny Road and adjoins the Senseny Glen Subdivision to the north and west. Current zoning: RA Zoning requested: RP Acreage: 4.017 Fred-Winc Service Authority's Comments: Fred- Winc Service Authority' Signature & Date: Notice to Fred-Winc Service Authority — Please Return This Form to the Applicant Comments 40 Frederick County Attorney Mail to: Frederick County Attorney Co. Administration Bldg., Suite 202 107 North Kent Street Winchester, Virginia, 22601 (540)665-6383 Hand deliver to: Frederick County Attorney Co. Administration Bldg., Suite 202 107 North Kent Street Fourth Floor Winchester, Virginia (540) 665-5651 j,plrcant: Please fill out the information as accurately as passible, in order to assist the County office with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and.any other pertinent information. \pplicant's Name: Greenway Engineering Telephone: 540-662-4185 Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Location of property: The 4.017-acre site is located on the north side of Senseny Road and adjoins the Senseny Glen Subdivision to the north and west. Current zoning: RA Zoning requested: RP Acreage: 4.017 acres County Attorney's Continents: Assistant County Attorney's Signature & Date: 0, Notice to County Attorney — This Form to the Applicant 2603 Ul7L-� ------------------------ MOIR SEP-15-03 13:51 F'ONWAY ENGINEERING P C 5407229528 T-838 P 002/002 F-674 r� 9oCK 379 , H 538 - 10' r 100.' 30e MAGNETICS 1971, ' - 0fool- - SCALE IN FEET ,R DE HAVEN'S OTHER LAND 4 SISS" 08"E 200.00S Q , r t` Z G �z a WMtr = v PORTION OF LAND o W r✓ O OF p. O to w MRS. DE HAVEN` w w w 2.008 ACRES . w 9 N >. q :^ p- W A e " 3 107.6fl ' ' —.�. 9239 l0oo.olr TO THE ' N60°ta'00'W NG"50301r1 OF PATTON & ESKAIL: E ROAD NO. 657 The above tract of land, located on the North side of Road No. 657, r !' about 3miles East of Winchester, andsittate in Shawnee Magtiterial Districtt , Frederick County, Virginia is bounded as follows:.. Beginning at (1) an iron c�. • peg on the North side of No.,657, said point being 1000.01 feet West of tfb West line .f the '•• "; 'k land of Patton & Eskridge; the nc a with the North aide of Road No. 657 N 66 deg. 50 min. 38 sec. W 92.39 feet to (2)'thence � N 66 deg. 16 min. 08 sec. W 107.61 feet to f (3) al iron peg; t-Ance With 3 new division liras through the land of Mrs. Oe Haven F N.,23 deg. 43 min. 52 sec. E 437.60 feet to.(4) an iron ~ peg; .':hence 1 S 66 deg. 16 min. 08 eee. E 200.00 feet to (5) at iron peg; tt.enca ' ' 3 23 deg. 43 win. 52 sec. W 436.68 feet to the point of begit:.ina,,,..i cant wining 2.008 Acres more or less.' �dvCiCXA ao� wRC1�A eora,,,kch ��U. Coode, . Certified Stsvcy. r; ; 7hiy�-:rumdit"f�" nr .rj: nr'1•o9d� ed to me e. ft t Ea Qom_, i 0 RICHARD U. M 7. YEA Y �' -�'� T - y DUODE' / and with cerhficam of aeknow moot By of •`r, e:a — _ NO. 4190 vIc > • 0 SURVEY .. y 3 7"Ye7n xx+rxxxxxxxxxxxxxxxxxxxxxxxxxxxxx VIRGINIA PEARL DEHAVEN, ET VIR TO: :: :: DEED RONALD EDWARD DEHAVEN xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx I � nox .379 F!fl 539 I THIS DEED made and dated this 27th day of July, 1971, by and between i Virginia Pearl DeHaven and Elmer E. DeHaven, her husband, parties of the first part, and Ronald Edward DeHaven, party of the second part. j i WITNESSETH: That for and in consideration of the sum of One Dollar ($1.00) cash in hand paid, and other consideration deemed valuable at law, the receipt of all of which is hereby acknowledged, the parties of the first i part do hereby grant, sell, and convey, with general warranty of title, unto the party of the second part, who is their grandson by birth, and their son I by adoption, a certain lot or parcel of land containing 2.009 acres, more or i less, lying and being situate along the Northern side of Virginia State , highway No. 657, abort 3 miles Fast of Winchester, in Shawnee District, I Frederick County, Virginia, and being a portion of that certain larger tract or parcel of land referred to, and described in, that certain deed from FZnily Jane Seal, et al, to said Virginia Pearl DeHaven, bearing date of October 26, 1970, and of record in the Clerk's Office of the Circuit Court of Frederick I County, Virginia, in Deed Book No. 372, page 256. A plat and metes and bounds description of the within conveyed land made by Richard U. Goode, i Surveyor, is attached to, and by this reference incorporated in, this .teed. It is expressly stipulated that this conveyance is made subject to - all applicable, or legally enforceable, easements, if any, of :ccord, affect- ing same. The aforesaid grantors covenant that they have the right to convey the said land to the aforesaid grantee; that the said grantee shall have quiet possession of the said land, free from all encumbrances; that they have clone no act to encumber the said land; and that they will execute such further assurances of the said land as may be requisite. Witness the following signatures and seals. I I (Seal) j •(Seal) � i it I;State of Virginia 1! ;County of Frederick, to -wit: 11 40 ' I 90o,Y 379 FAU. 540 a Notary Public 1n and for 'the County of Frederick, in the State of Virginia, do hereby certify that Virginia Pearl DeHaven and Elmer E. DeHaven, her husband, whose names are signed to _ the foregoing writing bearing (late of July 27th, 1971, have personally appeared before me, in my county aforesaid, and acknowledged the same. Given under my hand this day of ,LGc 1971. My commission expires � Gt_ �� 17 7 �I-ryPublic 541 so a* eocc 379 +�t 541 •;' MAGNETICS 1971 I' , fool 5.0' 0 100' SCALE 1N FEET •' DE HAVEN'S OTHER LAND r . 3 S66'16'08"E 200.00' 4 z J { O " L' o PORTION OF LAND o ` _ OF wle 1 O MRS. DE HAVEN ,us m 2.009 ACRES w q t , W N W N 7 1 Q w- w t Y N 0 2 1 1200.01' TOTH£ LAN N86'16'08"W 200A0 OF PATTON &ESKRIOGE .' ROAD NO. 657 The above tract of land, located on the North side of Road No. 657, about 31 miles East of Winchester, and situate in Shawnee Magisterial District, Frederick County, Virginia, is bounded as follows: r•.:.. Beginning at (1) an iron peg on the North side of Road No.• - _ `•' v,657, said point being 1200.01 feet West of the West line of tia land,': of Patton & Eskridge; thence with the North side of Road No. 657 N 66 deg. 16 min. 08 sec. W 200.00 feet to (2) an iron peg; thence vdth 3 new division lines through the land of Mrs. De Haven - N 23 deg. 43 min. 52 sec. E 437.60 feet to (3) an iron peg; thence S 66 deg. 16 min. 08 sec. E 200.00 feet to (4) an iron,peg;' thence i' S 23 deg. 43 min. 52 sec. W 437.60 feet to the point of beginning, is , containing 2.009 Acres more or less. Richard U. Goode, oi- No.Certified Surveyor, June 8, 1971. _ RICK COUNTY, SCT. A+ ni o ruin was roduced to me on the �. day of.[�/�pyv e a . j- /.(!.�1 '_ and with certificate of acknowledgment thereto anne was adr}litted / A , 1 a rr+xrwxrrrxxxw+rrxxx+rwrrrrrwxwrxxxwxx .. .". . _. ._. _..._ �ISLl + =INLA PEARL DEHAVEN, ET VIR w TO: DEEDS JUDY LYNN WHIPP w +r+rrr xrrr+++rww++wrrrwr+xwrw+rw+ww+rw acox 379 ,.er.E 53G THIS DEED made and dated this 27th day of July, 1971. by and between Virginia Pearl DeHaven and Elmer E. DeHaven, her husband, parties of the first part, and Judy Lynn Whipp, party of the second part. WITNESSETH: That for and in consideration of the Bum of One Dollar U1.00) cash in hand paid, and other consideration deemed valuable at law, the receipt of all of which is hereby acknowledged, the parties of the first part do hereby grant, sell, and convey, with general warranty of title, unto the party of the second part, who is their granddaughter, a certain lot or parcel of land containing 2.008 acres, more or lees, lying and being situate along the Northern side of Virginia State Highway No. 657, about 311 miles East of Winchester, in Shawnee District, Frederick County, Virginia, and being a portion of that certain larger tract or parcel of land referred to, and described in, that certain deed from Emily Jane Seal, et al, to said Virgin Pearl DeHaven, bearing date of October 26. 1970, and of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book No. 372, page 256. A plat and metes and bounds description of the within conveyed land made by Richard U. Goode, Surveyor, is attached to, and by this reference incorporated in, this deed. It is expressly stipulated that this conveyance is made subject to all applicable, or legally enforceable, easements, if any, of record affect- ing same. The aforesaid grantors covenant that they have the right to convey the said land to the aforesaid grantee; that the said grantee shall have quiet possession of the said land, free from all encumbrances; that they have .lone no act to encumber the said land; and that they will execute such further tssurance5 of the said land as may be requisite. Witness the following signatures and seals. State of Virginia County of Frederick, to -wit: �i Seal) f— 967.� =(Seal) (v5 (ZA)) 4YI 3 79/53, 0 • v,c, 379 537 a Notary Public in and foil the County of Fredericka, in the State of Virginia, do hereby certify that Virgin,' - Pearl DeHaven and Elmer E. DeHaven, her husband, whose names are signe.' to the foregoing writing bearing dace of July 27th, 1971, have personally appeare,. before me, in my county aforesaid, and acknowledged the same. Given under my hand Phis '7day /of 1971. My commission expires -7 Z • i Notary Public \\ 1 3 7 9�5 37 > e)uO, 0 0 IRISON A JOHNSTON MORNEYS AT LAW INCHESTER, VIRGINIA o co v� THIS DEED, made this .�X day of f , 2003, by and between FRED L. GLAIZE, III, and JASBO, INC., A Virginia Corporation, of the first part, hereinafter called the Grantors; and SWEJ, LLC, A Virginia Limited Liability Company, of the other part, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid and other valuable consideration, receipt whereof is hereby acknowledged, the Grantors do grant and convey, with General Warranty and with English Covenants of Title, unto the Grantee, in fee simple, together with all rights, rights of way, privileges and appurtenances and improvements thereto belonging, all of the following parcels of land: PARCEL ONE: All that certain lot, containin 2.009 Acres, ore or less, fronting on the North side of Route No. 657 (known as Senseny Road), about three miles East of Winchester in Shawnee Magisterial District of Frederick County, Virginia, being more particularly described by plat attached to a deed recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 379 at Page 639; and being a portion of the same land which was conveyed to the Grantors herein by deed from Mary Virginia Whipp and Amos Ted Whipp, her husband, dated August 6, 1990 and recorded in the aforesaid Clerk's Office in Deed Book 748 at Page 1627. TAX MAP PARCEL bS-A - 47 PARCEL TWO: A Certain lot or parcel of land containin .00,8 acre more or less, lying and being situate along the Northern side of Virginia State Highway No. 667, about 3 T/2 miles East of Winchester, In Shawnee District, Frederick County, Virginia, and being a portion of that certain larger tract or parcel of land referred to, and described in that certain deed from Emily Jane Seal, at al, to Virginia Pearl DeHaven, dated October 26, 1970, of record in the aforesaid Clerk's Office in Deed Book 372 at Page 256 and as more particularly described by that plat and metes and bounds description made by Richard U. Goode, Surveyor, dated June 8, 1971 which is attached to that certain deeds recorded in Deed 1,5-A-y7 0�) r-r,,) 9 Book 379 at Page 536; arSd being the same property which was conveyed to the Grantors Pset�— by deed from Judy Lynn Whipp, single, dated July 14, 1993 and recorded in the aforesaid Clerk's Office in Deed Book 800 at Page 905. (TAX MAP PARCEL G S'-14 - I" ) Reference is hereby made to the aforesaid instruments, and to the references therein contained, for a further and more particular description of the property herein conveyed. This conveyance is made subject to all easements, rights of way and restrictions of record, if any, affecting the subject property. WITNESS the following signatures and seals: (SEAL) Fred aize, III JASBO, INC., A Virginia Corporation By: u 1u (SEAL) ever ey oema cer, resident STATE OF VIRGINIA, AT LARGE, CITY OF WINCHESTER, To -wit: The foregoing instrument was acknowledged before me this day of b1Uq , 2003, by Fred L. Gipizes III. y.o mm ssion expires 31 ary Public - STATE OF VIRGINIA, IAT LARGE, CITY/GebWTY OF W 1 To -wit: The foregoing instrument was acknowledged before me this day of 2003, by Beverley B, Shoemaker, as President-Jasbo, Inc„ a Virginia Corporation, on behal of id Corporation. My commission expires r.�.a otary u tc VIRGINIA: FJREDERICK COUNTY, SCT, TU 6WV-M 1Of -i&9 '-+ pwduad to we on p RMSONRJOHNSTON '(� ( `��� at__y ATTORNEYS AT Uw and %ith certiCica2c of acknowledgement thereto annexed ANCKSTER. VIRGINIA was admitted to eecord. T impowd by Scc. 58.1-802_2f dad 5&1-801 have been paid, if assessable 4-W 14��t4v , Clerk 0 3c)oos 1 V LNf10O MORMUM [ co ,LORI VR13LSIOVNi TIdMNNO,LS o 9200-2Z4-0 c�ofan�ng N ,� ,0,, 99—O69 auoy y c�aau18u3 w 90922 a1u181A •JalsayaulM ices al a•p.—J SGOOM d1-108 .r] II m m , auoy IIIH RPuIM ISI 9N U NI9N] 1,VMOE � rJvrra .T.ti r.rwanrr7nart rt547191d954rJ54n F o N o 0 1 1 rn cn �o � � c .0 broo 65D 4 5 61 @n LILLY 65D 4 5 62 EVANS rJv .0 65D 45 63 D 6SF EASTER 31 °O Fs� Boy�E�2 CM N G S 68F T�NS�3�cn 2 i��o GS m a 0\11� S RjN�sz2 � F ycn co m SF Cy o o cn * °n JFNKINS� z 2 4 m Dzr 0 -4gF 21 � UTTER m U) SF2 2 z N °; Rp R. 3 —m (399 r- Z D SF 2212 eb L9 o c w/NFS �a 0 0 lu X T � 8z ,, D��C� zN m o 00 -4 n /0 o W 0 W lull 0 SWEJ, LLC. REZONING - LOCATION MAP B 6 7116&�\ \��'��RP ti (� cevv 2 N M N 2 h ry �e � cv Lu CIO� co �o RP RP N RP cv) W 65 A 48 MO SWEJ, LLC 657 hm co > > 121a 65 A 47 SWEJ, LLC 65 A 46 SENSENY ROAD RENTALS, LLC Ffu e- -•lei co N J (Q co Q J Q RPco �W �w too o 4 6� GLENMONT VILLAGE soh c� �h p ASSOCIATION a� 65D 4 5 65A P P m� 865 R R �h- RP W 65 A 48 65 A 47 Rezoning # 08 - 03 SWEJ, LLC PIN(s) 65-A-47 65-A-48 N W E S 0 30 60 Feet n_— 1111., A, .J-- n0/4 A/7nn9 04.7n•nn Onn DV 0,;,116 J�a 6 s o ti� 105 _ N G,i -P at.8g? °' Senseny Glen Drive 0 00 N cli N 4 � N CO m O _ n O 1 1"h N I _ N N M W V 61 W m O 100 O 01 �s o o 1 I sr oM a '1 a - - o- 00 ml -- \ \N O \ \ In O Ul OPEN SPACE AREA uMn W N f� V TTT V' � J� r� CTD V• W O O Range Ct. O x j U1 (n U) n N W C. D r O O m IQ N N O co O O O O O � v N t0 O • O c o Cn o m GENERALIZED DEVELOPMENT PLAN GREENWAY ENGINEERING z n m oC ~ SOLID WOODS 151 Wind Hill Lane Winchester, Virginia 22602 W C" Founded In 1971 o to Engineers Surveyors Telephone 540-662-4185 FAX 540-722-9528 �. C° o o STONEWALL MAGISTERIAL DISTRICT - FREDERICK COUNTY VA 01811 � VIRGINTA PEARL DEHAVEPF,, ET VIR TO: DEEU� JUDY LEM WHIPP IBOOK 379 ?ACE 53G THIS DEED made and dated this 27th day of. July, 1971, by and between Virginia Pearl DeHaven and Elmer E. DeHaven, her husband, parties of the first part,.and Judy Lynn Whipp, party of the second part. WITNESSETH: That for and, in consideration of the sum of One Dollar ($1.00) cash in hand paid, and other consideration deemed valuable at law, the receipt of all of which is hereby acknowledged, the parties of the first part do hereby grant, sell, and convey, with general warranty of title, unto the party of the second part, who is their granddaughter, a certain lot or parcel of land containing 2.008 acres, more or less, lying and being situate along the Northern side of Virginia. State Highway No. 657, about 3, miles East of Winchester, in'Shawnee District, Frederick County, Virginia, and being a portion of that certain larger tract or parcel of land referred to, and describer' in, that certain deed from Emily Jane Seal, et al; to said Virgins Pearl DeHaven, bearing date of October 26, 1970, and of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book No. 372, page 256. A plat and metes and bounds description of the within conveyed land made by Richard U. Goode, Surveyor, is attached to, and by this reference incorporated in, this deed. It is expressly stipulated that this conveyance is made subject to all applicable, or legally enforceable, easements, if any, of record affect- ing same. The aforesaid grantors covenant that they have the right to convey the said land to the aforesaid grantee; that the said grantee shall have quiet possession of the said land, free from all encumbrances; that they have .cone no act to encumber the said land; and that they will execute such further issuranceg of the said land as may be requisite. Witness the following signatures and seals. Seas) Y (Seal) State of Virginia County of Frederick, to -wit: I i eecr'. 3?9 537 i Y, (/,1-4 ,l�yulo — % ft.C�C.(� , a Notary Public in and for .the j I a County of Frederick, in the State of Virginia, do hereby certify that Virginia Pearl DeHaven and Elmer E. DeHaven, her husband, whose names are signec' to the foregoing writing bearing date of July 27th, 1971, have personally appeared before me, in my county aforesaid, and acknowledged the same. j Given under my hand this day of C�� 1971. My commission expires —)-na,� (p 7 l q -7Qa i i Notary Public i .379 53 7 �W IRISON 3 JOHNSTON kTTORNEYS AT LAW INCHESTER. YIR(UNIA CD THIS DEED, made this .�A day of , 2003, by and between FRED L. GLAIZE, 111, and JASBO, INC., A Virginia Corporation, of the first part, hereinafter called the Grantors; and SWEJ, LLC, A Virginia Limited Liability Company, of the other part, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid and other valuable consideration, receipt whereof is hereby acknowledged, the Grantors do grant and convey, with General Warranty and with English Covenants of Title, unto the Grantee, in fee simple, together with all rights, rights of way, privileges and appurtenances and improvements thereto belonging, all of the following parcels of land: PARCEL ONE: All that certain lot, containin 2.009 Acres, ore or less, fronting on the North side of Route No. 657 (known as Senseny Road), about three miles East of Winchester in Shawnee Magisterial District of Frederick County, Virginia, being more particularly described by plat attached to a deed recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 379 at Page 539; and being a portion of the same land which was conveyed to the Grantors herein by deed from Mary Virginia Whipp and Amos Ted Whipp, her husband, dated August 6, 1990 and recorded in the aforesaid Clerk's Office in Deed Book 748 at Page 1627. TAX MAP PARCEL 6IS-,4 47 =-Oosacre PARCEL TWO: A Certain lot or parcel of land containin more or less, lying and being situate along the Northern side of Virginia State Highway No. 657, about 3 '/2 miles East of Winchester, in Shawnee District, Frederick County, Virginia, and being a portion of that certain larger tract or parcel of land referred to, and described in that certain deed from Emily Jane Seal, et al, to Virginia Pearl DeHaven, dated October 26, 1970, of record in the aforesaid Clerk's Office in Deed Book 372 at Page 256 and as more particularly described by that plat and metes and bounds description made by Richard U. Goode, Surveyor, dated June 8, 1971 which is attached to that certain deeds recorded in Deed l�5-A�y7 0 40 so RRISON & JOHNSTON ATTORNEYS AT LAW AWMESTER, MRGMA ------------ r Book 379 at Page 536;.,ar d being the same property which was conveyed to the Grantors h�et""etn by deed from Judy Lynn Whipp, single, dated July 14, 1993 and recorded in the aforesaid Clerk's Office in Deed Book 800 at Page 905. (TAX MAP PARCEL (-,V-14 " fe ) Reference is hereby made to the aforesaid instruments, and to the references therein contained, for a further and more particular description of the property herein conveyed. This conveyance is made subject to all easements, rights of way and restrictions of record, if any, affecting the subject property. WITNESS the following signatures and seals: 4:z - (SEAL) Fred alze, III JASBO, INC., A Virginia Corporation %e&ver y (SEAL) ey�oe6aer, rest ent STATE OF VIRGINIA, AT LARGE, CITY OF WINCHESTER, To -wit: The foregoing instrument was acknowledged before me this day of bro , 2003, by Fred . GI ize Ill. y mm sslon expires 31 ary u it STATE OF VIRGINIA, jAT LARGE, W CITY/GebWTY OF 1 , To -wit: The foregoing instrument was acknowledged before me this o day of 2003, by Beverley B. Shoemaker, as President 6"asbo, Inc., aVirg! nia orporation, on behalf, of said Corporation. My commission expires VIRGINIA: FREDERICK COUNTY, SCr. T k iw�t of wrilkg wo mod to me on naiti, 1I1ao03 at y 3 Z P /14• and with certificate of aeknowledWrnent thereto annexed was admitted to record. T used by Scc. 58.1-802 k) � ._.....r..�., awd 5&1-801 have. been paid, if assessable 4ew A"4/r.-V , Clerk T A X R E C E I P T - Y E A R 2 0 0 3 Ticket #:00155110001 WW FREDERICK COUNTY Date 5/14/2003 C. WILLIAM ORNDOFF, JR Register: JKM/JK P•O• BOX 225 Trans• #: 22255 Dept # RE200301 WINCHESTER VA 22604-0225 ACCT# 21212 2003 REAL ESTATE TAXES Previous 2.00 ACRES 65 A 47 Balance $ 127.75 Acres: 2.00 Principal Being Paid $ 127.75 Land, 35000 Imp: 0 Penalty $ •00 Interest $ •00 SWEJ, LLC Amount Paid $ 127.75 *Balance Due 102 DELL CT as of 5/14/2003$ •00 WINCHESTER, VA 22602 7035 Check 127.75 # 0514025181052 Pd by ANY BALANCE DUE DOES NOT INCLUDE PENALTY AND INTEREST. (DUPLICATE) T A X R E C E I P T - Y E A R 2 0 0 3 Ticket #:00156510001 Wa FREDERICK COUNTY Date 5/14/2003 C• WILLIAM ORNDOFF, JR Register: JKM/JK P•O• BOX 225 Trans• #: 22255 Dept # RE200301 WINCHESTER VA 22604-0225 ACCT# 21213 2003 REAL ESTATE TAXES Previous 2.00 ACRES 65 A 48 Balance $ 127.75 Acres: 2.00 Principal Being Paid $ 127.75 Land: 35DOO Imp: 0 Penalty $ •00 Interest $ •00 SWEJ, LLC Amount Paid $ 127.75 *Balance Due 102 DELL CT as of 5/14/2003$ . •00 WINCHESTER, VA 22602 7035 Check 127.75 # 0514025181052 Pd by ANY BALANCE DUE DOES NOT INCLUDE PENALTY AND INTEREST• (DUPLICATE) 'CO: finance Department FROM: Karen A. Cain, Office Assistant II 5USJECT: Return Of Sign Deposit DATE: November 25, 2003 The arnount of $50.00 was deposited in line item 43-010-019110-0008 for the business named below as a deposit for a sign for the SWEJ, LLC Rezoning Application #08-03. They have'now returned the sign and are therefore entitled to the return of their deposit.. You may pay this through the regular bill cycle. Please send a check in the amount of $5.0.00 to: SWEJ, LLC 102 Dell Court Winchester, VA 22602 107 North Kent Street . Winchester, Viirginia 22601-5000 SENSENY ROAD RENTALS, LLC 2400 Valley Avenue (#8) Winchester, Virginia 22601 COUNTY OF FREDERICK September 17, 2003 Dept. of Planning and Development 107 North Kent Street Winchester, Virginia 22601 ATT.: Jeremy F. Camp Gentlemen: Please accept this letter as our intent to fully support the Rezoning Application #08-03 for SWEJ, LLC to rezone their two parcels, 65-A-47 and 65-A-48 from RA (Rural District) to RP (Residential Performance) District. Senseny Road Rentals, LLC is the adjoining property owner of parcel #65-A-46 and we feel very strongly that this rezoning to RP is the proper Zoning for these parcels. Yo�s tr , RC--,nage Dino Morgoglione,�ger 6 It\ GREENWAY ENGINEERING %4o7 151 Windy Hill Lane Winchester, Virginia 22602 Founded in 191 T R A N S M I T T A L Project Name: File No.: Date: SWEJ, LLC-Rezoning 3719 August 22, 2003 To: FC Planning Attn: Eric Lawrence Copied: From: Evan Wyatt/dlm GREENWAY ENGINEERING Phone: 540-662-4185 Fax: 540-722-9528 Remarks: 17 Urgent r, For Your Review 17 As You Requested r Please Con rant Message: Eric, Attached is the following information for the above rezoning: -Rezoning Application -Application fee check for $1,250.85 -Receipt of taxes paid -Location Map -Impact Statement -Proffers -All Agencies comment sheets -Copy of Deeds -FC Planning comment sheet AUG 2 2 -, Thank you, as always, for your assistance. Call with any concerns. Engineers Surveyors Telephone 540-662-4185 FAX 540-722-9528 greenway@visuallink.com F COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING September 24, 2003 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: REZONING APPLICATION #08-03 FOR SWEJ, LLC On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, October 8, 2003, 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 #08-03 of SWEJ, LLC, submitted by Greenway Engineering, to rezone 4.017 acres from RA (Rural Areas) District to RP (Residential Performance) District. This property is located on the north side of Senseny Road and adjoins the Senseny Glen subdivision to the north and west, and is identified with Property Identification Numbers 65-A-47 and 65-A-48 in the Red Bud Magisterial District. Any interested parties having questions may attend this public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the hearing, or at the Department of Plamling and Development located at 107 North Kent Street in Winchester, Virginia. Sincerely, Jeremy F. Camp Planner II JFC/bad OA\Agcndas\Adjoiner Ltm\2003\REZ0NINGS\SWEI LLC EOS.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 This is to certify that the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick couAty, Virginia: 65F - 2- 2- 114 EEN M 65F - 1. 1- 123- GILLETTE, JEFFREY D & HEATHER D 100 SENSENY GLEN DR WINCHESTER, VA 22602.7016 65F - 3- 3- 122- BOYLE, BRUCE A & LEE ANNE 102 DELL CT WINCHESTER,VA 22602.7035 65F - 3- 3- 121- TINSMAN, LANNY S & LINDA M 103 DELL CT WINCHESTER,VA 22602.7035 65F - 1. 1- 118- MONGOLD, AARON C & DEBORAH K 110 SENSENY GLEN DR WINCHESTER, VA 22602.7017 65F - 2. 2- 116- FINISECY, LAWRENCE W & JOYCE L 202 CANYON RD WINCHESTER,VA 22602-7023 65F - 2- 2- 115- JENKINS, LYLE R & CLARA E 657 BOWLING GREEN RD FRONT ROYAL, VA 22630.7411 65D - 4- 5- 65-A GLENMONT VILLAGE ASSOCIATION PO BOX 2071 WINCHESTER, VA 22604-1271 BUTLER, RHETT W & KATHL 206 CANYON RD WINCHESTER, VA 22602.7023 65F - 2- 2- 113- WALKER-BEARD, PAULA S & BEARD, EARL V 208 CANYON RD WINCHESTER, VA 22602.7023 65F - 2- 2- 112- WINES, JUANITA A & HAINES, RICHARD A 210 CANYON RD WINCHESTER, VA 22602-7023 65D - 4- 5. 63- EASTER, RALEIGH D & MARTHA L 205 GLENRIDGE DR WINCHESTER, VA 22602-7006 65D - 4- 5- 64- NESSELRODT, DONALD E 110 BEDFORD DR WINCHESTER, VA 22602.6754 65 - A- - 46- SENSENY ROAD RENTALS, LLC 2400 VALLEY AVE STE 8 WINCHESTER, VA 22601.2765 Jar my F. Camp, Planner ff Frederick Co. Planning Dept. C;UU1V 1 T Vr rt�e.LLiu� 1� I, ) , a Notary Public in and for the State and County aforesaid, �doh eby certify that J y F. Camp, Planner II for the epartment of Planning and Development, whose name is signed to the foregoing, dated o� , has personally appeared before me and acknowledged the same in my Sta e and C06niy aforesaid. Given under my hand this ,��t' day of���J�. My commission expires on �o 65 - A- - 48- SWEJ, LLC 102 DELL CT WINCHESTER,VA 22602 Mr. Mark D. Smith, P.E., L.S. Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 44RY4��'V IC !"'ROM: 0: Barbara - Data Processing -Planning Dept. Sae Please pr nt sets of labels RANKS11 SWEJ, LLC REZONING Adjoining Property Owners Name Address Parcel ID # Use Zoning 65F-1-1-123 Residential RP Bruce & Lee Anne Boyle 102 Dell Ct, Winchester 65F-3-3-122Residential RP Lanny & Linda Tinsman 103 Dell Ct, Winchester ` 65F-3-3-121Residential RP v Aaron & Deborah Mongold 110 Senseny Glen Dr, Winchester --65F-1-1-118Residential RP'� Lawrence & Joyce Finisecy 202 Canyon Rd, Winchester � 65F-2-2-116 Residential RP_ Lyle & Clara Jenkins 657 Bowling Green Rd Front Royal>65F-2-2-115 Residential RPM Rhett & Kathleen Butler 206 Canyon Rd, Winchester —65F-2-2-114 Residential RP Paula Walker -Beard 208 Canyon Rd, Winchester —65F-2-2-113 Residential RP Juanita Wines 210 Canyon Rd, Winchester `--65F-2-2-112 Residential RPM Richard Haines Raleigh & Martha Easter 205 Glenridge Dr, Winchester ` 65D-4-5-63 Residential RP Donald Nesselrodt 110 Bedford Dr, Winchester — 65D-4-5-64 Residential RP *Senseny Road Rentals 2400 Valley Ave #8, Winchester _65-A-46 Residential RA " 616� Nfl Vi (Wc b P.o . 6ox ab� 1 �( 6'D-y-5 "�05A Spy, p ksbcAoiyl S 1"/ 06J_ File #3719/EAW/dim 4N-D3 It 1616 i Oki,7.4 ,:y '•' Vu �.-.- �L- 9t43 J�� Smooth Feed ShoetsTM 0 0 Use template for 51610 65 - A- - 48- SWEJ, LLC 102 DELL CT WINCHESTER,VA 22602 40��Z MHI VIVO Address Labels 65 - A- - 48- C ' SWEJ, LLC 102 DELL CT WINCHESTER,VA 22602 Laser 5161a 8 6 7 OHO �� N Wcv N co co N t; W 65 A 48 MSWEJ, LLC 657 km 65 A 47 co SWEJ, LLC 65 A 46 1 '123.4 SENSENY ROAD RENTALS, LLC CV �f J C/) c0 J �t Q °JAW o< 4).0 NMONT N- co Q�gV.� ��6h GL ASSOCIATION GE rn h\ Z��O O 65D 4 5 65A m a > 865 � 0 65 A 47 Rezoning # 08 - 03 SWEJ, LLC PIN(s) 65-A-47 65-A-48 0 30 60 Feet "=%=J • 4 R- • >.I n yF ;, yF Aw All A �k ov af- JL 1 � .r 1 � - fir" COUNTY of FREDERICK Department of Planning & Development 107 North Kent Street Winchester, Virginia 22601 2 n (") LIU' IJJ 65F - 2- 2- 115- JENKINS, LYLE R & CLARA E 657 BOWLING GREEN RD FRONT ROYAL, VA 22630-7411 RETURN TO SENDER NOT DELTVERABLF AS ADDRESSED UNABLE TO FORWARD 0 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING September 24, 2003 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: REZONING APPLICATION #08-03 FOR SWEJ, LLC On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, October 8, 2003, 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 #08-03 of SWEJ, LLC, submitted by Greenway Engineering, to rezone 4.017 acres fi-om RA (Rural Areas) District to RP (Residential Performance) District. This property is located on the north side of Senseny Road and adjoins the Senseny Glen subdivision to the north and west, and is identified with Property Identification Numbers 65-A-47 and 65-A-48 in the Red Bud Magisterial District. Any interested parties having questions may attend this public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the hearing, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Sincerely, Jeremy F. Camp Planner II JFC/bad O \Axenda\Adjoiner Ltrs\2003\REZ0NINGS\SWEJ LLC EOS.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING September 3, 2003 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNERS(S) RE: REZONING APPLICATION #08-03 FOR SWEJ, LLC On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, September 17, 2003, 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 #08-03 of SWEJ, LLC, submitted by Greenway Engineering, to rezone 4.017 acres from RA (Rural Areas) District to RP (Residential Performance) District. This property is located on the north side of Senseny Road and adjoins the Senseny Glen subdivision to the north and west, and is identified with Property Identification Numbers 65-A-47 and 65-A-48 in the Red Bud Magisterial District. Any interested parties having questions may attend this public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the hearing, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Sincerely, Jeremy F. Camp Planner II JFC/bad 0AAgendm\Adjoiner Ltrs\2003\2EZ0NINGS\SWEJ LLC.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 Th' is to certify that the attached correspondence was mailed to the following on 0 0 3 from the Department of Planning and Development, Frederick Co ty, Vi4 rgi65F - 2- 2- 114- BUTLER, RHETT W & KATHLEEN M 65F - 1. 1. 123- GILLETTE, JEFFREY D & HEATHER D 206 CANYON RD WINCHESTER, VA 22602.7023 100 SENSENY GLEN DR WINCHESTER, VA 22602.7016 65F - 2- 2- 113- WALKER-BEARD, PAULA S 65F - 3. 3. 122- & BEARD, EARL V BF,','LE, BRUCE A & LEE ANNE 208 CANYON RD WINCHESTER, VA 22602.7023 102 DELL CT 65F - 2- 2- 112- WINCHESTER, VA 22602.7035 WINES, JUANITA A 65F - 3- 3- 121- & HAINES, RICHARD A TINSMAN, LANNY S & LINDA M 210 CANYON RD 103 DELL CT WINCHESTER, VA 22602.7023 WINCHESTER, VA 22602.7035 65D - 4- 5- 63- EASTER, RALEIGH D & MARTHA L 205 GLENRIDGE DR 65F - 1. 1. 118- WINCHESTER, VA 22602.7006 MONGOLD, AARON C & DEBORAH K 55D - 4. 5. 64. 110 SENSENY GLEN DR NESSELRODT, DONALD E WINCHESTER, VA 22602.7017 65F - 2. 2- 116- 110 BEDFORD DR FINISECY, LAWRENCE W & JOYCE L WINCHESTER, VA 22602.6754 202 CANYON RD WINCHESTER, VA 22602.7023 65F - 2. 2. 115- JENKINS, LYLE R & CLARA E 657 BOWLING GREEN RD��— FRONT ROYAL, VA 22630.7411 1�6_remy F. Camp, Planner II Frederick Co. Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK , I , a Notary Public in and for the State and County aforesaid, do reby certify that remy F. Camp, Planner II for thV Department of Planning and Development, whose name is signed to the foregoing, dated .. 00 , has personally appeared before me and acknowledged the same in my St to and County aforesaid. Given under my hand this 3/ Low--- day of aD3. My commission expires on G� 4NTALRY PUB C DEPT. OF GEOGRAPHIC INI FORMAI'ION SYSTEMS FREDERICK COUNTY, VIR.GINIA w F0 GIS, MAPPITG,LGRAPHICS WORKREQUEST S DATE RECEIVED: REQUESTED COMPLETION DATE - REQUESTING AGENT: Department, Agency, or Company:_ Mailing and/or Billing Address: Telephone: E-mail Address: ESTIMATED COST OF PROJECT: FAX: DESCRIPTION OF REQUEST: (Write additional information on back of L D oitl rri� P g02— l,JG oS-o 3 DIGITAL: PAPER: FAX: E-MAIL: SIZES: COLOR: BLACK VvTHTE: NUMBER OF COPIES: STAFF MEMBER: HOURS REQUIRED: COMPLETION DATE: MATERIALS: DATE OF PICK-UP/DELIVERY: AMOUNT DUE: AMOUNT BILLED: METHOD OF PAYMENT: ffu • CHECK NO.# Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-5651) 0 Greenway Engineeri,149 June 17, 2003 a SWEJ, LLC. Rezoning Preliminary Matters SWEJ, LLC. REZONING Tax Parcels 65-((A))-47 & 65-((A))-48 ,Rt b J(P Magisterial District Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # D $-03 for the rezoning of 4.017 acres from the RA, Rural Areas District to establish 4.017 acres of RP, Residential Performance District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is C' granted, then these proffers shall be deemed withdrawn and have no effect whatso" Xi.hese pro -fers shall be binding upon this applicant and their legal successors, heirs,-o}`ns. The subject property, more particularly described as the lands ole' by SWEJ, LLC. being all of Tax Map Parcels 65-((A))-47 and 65-((A))-48, and firth r des rZed by Deed Instrument 030005619 recorded March 17, 2003 in the Fredb�-ick Cou ty Clerk of the Court Office. \� V� The applicant hereby proffers the following: A.) Land Use Restrictions The applicant hereby proffers that the 4.017-acre site will be limited to five single- family detached traditional building lots. Single-family detached housing shall be the only housing type permitted on the 4.017-acre site B.) Access The applicant hereby proffers that access to the 4.017-acre site will be limited to direct access to Dell Court. No primary or secondary access points will be permitted to occur on the Senseny Road frontage on the 4.017-acre site to serve any residential building lot. File #3719/EAW 1 Greenway Engineering• June 17, 2003 0 SWEJ, LLC. Rezoning C.) Open Space The applicant hereby proffers to provide for a minimum of 0.40 acres of open space that will be located on parcel 65-((A))-47. This open space will be connected with a ten -foot access easement that is accessible from Dell Court. The applicant hereby proffers to provide for a road efficiency buffer along the portion of Senseny Road that adjoins the five single-family detached traditional building lots and further proffers to establish homeowners covenants that require the maintenance of the road efficiency buffer. D.) Monetary Contribution to Offset Impact of Development The undersigned owners of the above -described property hereby voluntalw proffer that in the event rezoning application # O -03 is approved, the under- i ed will pay to the Treasurer of Frederick County, Virginia a total of $10,089/p�Viiingle-familydetached traditional building lot at the time of building permit.-issluaf each residential lot. E.) Generalized Development Plan The applicant hereby proffers to provide for a Genera ized-pevelopment Plan depicting the layout of all residential lots and the location of vioad efficiency buffer and open space areas associated with the 4.017-acre site. T�'C�,e"neralized Development Plan shall serve as the guide for the Subdivision Design Planf or t is acreage. File #3719/EAW Greenway Engineerin940 June 17, 2003 46 SWi J, LLC. Rezoning F.) Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: By: �5boa, I't 6/1 W a /1 -0 SWEJ, LLC. Date Commonwealth of Virginia, Cit County, f -[- red e yI LL To Wit: The foregoing instrument was acknowledged before me this ZZ�-Aay of Auqusi' 2003 by _ B rote A • to Notary Public My Commission Expires Fe-byva(Lj 200 '— -T- was eomm'16sioned '% i�o-fa Pwollc; a5 File #3719/EAW 3