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001-81 R.S.H. Properties A-2 to R-3 - App. - Backfile
�x.e.b.exzch (l.ann#v iaf lRanning anb Pe el.vymen# JOHN RILEY PLANNING DIRECT011 JOHN T. P. HORNE DEPUTY DIRECTOR R.S.H. Properties Battletown Realty 1110 Berryville Avenue Winchester, Virginia 22601 Dear Sirs: P. O. Box 601 9 COURT SQUARE WINCHESTER, VIRGINIA 22601 January 12, 1981 Please be advised that your request for inclusion into the secondary road system of Ash Hollow Drive has been placed on the Agenda for consideration by the Frederick County Board of Supervisors at their meeting scheduled for January 14, 1981. The meeting will begin at 7:00 p.m. and will be held in the Board of Supervisors' Meeting Room, 9 Court Square, Winchester, Virginia. JRR:b js Sincerely, John R. Rile l y Director 703/662-4532 John R. Riley PLANNING DIRECTOR ZONING ADMINISTRATOR TO: -4reberich ( Dillon Be-prtzrtcttt of VlaltrtiliB Zttt� Pe6e tiplitelit m e m o r a n d u m Sanitation Authority Va. Dept. of Highways & Transportation Department of Inspections Zoning P. O. Box 601 9 COURT SQUARE WINCHESTER, VIRGINIA 22601 ATTN Mr. W. Jones ATTN Mr. R. C . King ATTN Mr. C . Brown ATTN Mr. John T . P , Horne FROM: John R Riley Date 1/9/81 SUBJECT: - Review comments on Conditional Use Permit Subdivision X Rezoning Site Plan We are reviewing the enclosed request by R. S . H . Properties or their representative Mr. Racer, Battletown Realty review the attached and return your comments to me by 1/22/81 . Will you please -- n.-i=_ ------------------------------------------------------------------------- This space should be used for review comments: Central water and sewer available. Adequate capacity present. Lines will have to be extended by developer. Signature Date 703/662-4532 i 1 : t 1,' G. The following are all of: the individuals, firms, or corporations owning property adjacent to both sides and rear, and the'property in front of (across street from) the property sought to be rezoned: (Use additional pages if necessary-. NAME ^ Nmbers COI4PLETE MAILING ADDRESS (Street, Route, Bok, Etc. NOS.) p�pLl• Ti1Xiq p a John F. & Lilly J. Gordon 186-B Se White Post Virginia •22663 b Alvin S. & Nancy J. Foe 193 Sec. 65 Rt.1, Box 71-A c Alvin S. & Nancy J. Poe 192 Sec. 65 Rt.l .Box 71-A Berryville, d Hilda Perry Patton 191 Sec. 65 19 W.-James St. Winchester Va-.2260' e Henry M. & Eleanor Davis 190 Sec. 65 Rt.l Box 69 Berryville, f 'Grover T. Fox, Jr: Sharon Stickman and Sec. 65 4214 Peakview g Eugene F. & Barbara L. Grove 72 Sec 6 h George Lambert 55 Sec.'65 Route- 1, Berryville, Virginia 22611 i Vi gin-ia Pearl DeHaven 41 Sec. 65 oute , Box 154 jnchest.er,, :Vay'.,2m� (NOTE: Intormat)-on may be obtatnea Lr0[R LnC U1-L.LUU v.l- Ulle L Ullllll. } � LV1lGl vx L\C V Cll ll . % 7. The following information is. attached to support this application . additional' pages if 'necessary.-. y'. �_ .F•• . ♦_.J•.. r. .�•✓.-.%.i. 'V� .,. .-q. _ I !•. .' .1 _ . i. _ -Fr.; 1� .�C'�1 '4'r; .ir.'•. r:?�•. 14,E\-�. •,i•�Y�.r•. �. 'j..^ '. r�',' .�•. =tom:.. F•':� )t.ify_�,�l.)L,�h� r.^�..7, it R • ..n .w:�_i.7 i,.: ••lam•' VC '••t.. i�•.. �1� ? '.• 8. (a) Attached is ._. ..... � ..•s;' - I•t, . ... a copy of a LOCATION MAP �� •` .•. .—�r..1• :�, ..I• ..... SCALED 1" _ 2, 000' c' '' '"''".'". `... L- t' (b) Attached is measurements a sketch showing proposed'and/or to all property les- exi ti g structure on property with " ��:.. SIGNATURE OF APPLICANT: MAILING ADDRESS OF APPLICANT: R S H Prope (Complete with Route, Street, V Box, Etc. NUMBERS.) Vernon M. Racer, John Sfarnas and Harry L. Hicks' 1110 Berryville Avenue, P. 0. Box 2094 Winchester, Virginia 22601 f.o.r. o.f.f.i.c.e u.s.e o.n.l.y PLANNING COMMISSION PUBLIC HEARING RECOMMENDATION OF (date) Approval Denial SECRETARY (signed) BOARD OF SUPERVISORS PUBLIC HEARING ACTION OF (date) Q Approval Denial COUNTY ADMIN. (signed) Zoning Amendment No. Application Date JANUARY 5, 1981 APPLICATION FOR REZONING . . . . . . . . . . . . . . . . . . COUNTY OP.FRr.DBRICK;.VIRGTII]- TO THE PLANNING COMMISSIO`I AND BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK, VIRGINIA . . I (EVE), THE UNDERSIGNED, DO HEREBY RESPECTFULLY MAKE APPLICATION AND PETITION THE GOVERNING BODY TO AMEND THE ZONING ORDINANCE AND TO CHANGE THE ZONING MAP OF COUNTY OF FREDERICK, VIRGINIA AS HEREINAFTER REQUESTED, AND IN SUPPORT OF THIS APPLICATION, THE FOLLOWING FACTS ARE SHOWN: 1. The property sought to be rezoned is located 71.024 acres located about 3 miles east of Winchester, Frederick County, Virginia. Senseny Road, Road No.•657 and Road No. 736.- Plat Attached. attached it has a frontage of plat feet and a depth of *feet and consists of 71.024 acres 2. The property sought to be rezoned is owned by William M. Battaile & Richard U. Goode as evidenced by deed from under contract to RSH Proper.t-ies, Inc. recorded•in.Bovk ar76 Page 575 , Registry of County of ' Frederick This property is designated as Parcel No 49 on Tax Map No. ' Section 65 (Note: Numbers may be obtained from the Office of Commissioner of Revenue.) 3. It is desired and requested that the foregoing property be rezoned: FROM A-2 TO R-3 4. It is proposed that the property will be put to the following use: .Sub -divided into smaller tracts conforming to R-3 Zoning provided water and sewer can be extended to property. 5. It is proposed that the following buildings will be constructed: Homes to be financed by VA, VHDA and FmHa meeting tha �hrn» requirements. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear, and the'propert:y in front of (across street from) the property sought to be rezoned: (Use additional pages if necessary.; N ?E Numbers — COMPLETE MAILING ADDRESS (Street, +Route, Box, Etc. NOS.) 13ARCM TAX MAP a John F. & Lilly J. Gordon 186-B Se White Post, Virginia •22663 b Alvin S. & Nancy J. Poe 193 Sec. 65 Rt.1, Box 71-A.. c Alvin S._& Nancy J. Poe 192 Sec. 65 Rt.l .Box 7 - - d Hilda Perry Patton 191 Sec. 65 19 W. James St, Winchester Va-.'22601 e Henry M. & Eleanor Davis 190 Sec. 65 Rt.l Box-69 Berryyille, f 'Grover T. Fox, Jr: Sharon Stickman and 6-1 Sec. 65 4214 PeakviQw_ g Eugene F. & Barbara L. Grove 72 Sec _I n George Lambert 55 Sec.' 65 Route•1 Berr ville Virginia 2.2611 Virgin a Pearl beHaven " 41 Sec.. 65 I oute ,. Box 154 �nchest.�r,, :V�,•'.2, G; frnm the office of the Commissioner of Revenue.) The following information is -attached to support this application :(Use additional.' pages if 'necessary' _ .'r s,y _ `t ,�_ •' 't•�.' t2 rq..�.,•.`•i: y,!j• •• .tea f;- •. a:. �,. +�. .���k:`:,:�.�+: �a„),�.1 -.�/•.. A•a... T.i..,., ..q.^t':•,••; .._trlC, ?`}: �_�..-.-2:•- .. . ;?i.' t� t.Y.... ,'+b �L •+• � -r •t: ''1..1 be j• B �(a) Attached is a copy of a LOCATION MAP SCALED 1" _ 2, 000' (b) Attached is a sketch showing proposed end/or xY ng s ictures on property with measurements to all property __ /— -/ ,/ - ... . . .. SIGNATURE OF APPLICANT: HAILING ADDRESS OF APPLICANT: R S H Properties._ (Complete with Route, Street, Box, Etc. NUMBERS.) Vernon M. Racer, John•Sfarnas and Harry t•.. Hicks' 111-0 Berryville Avenue, P. 0. Box 2094 Winchester, Virginia 22601 f.o.r. o.f.f.i.c_e. u.s.e o.n.l.y PLA NG COMMISSION PUBLIC HEARING RECOMMENDATION OF (date) 21191 Approval Denial SECRETARY (signed) BOARD OF SUPERVISORS PUBLIC HEARING ACTION OF (date) f "7 v i� Approval � Denial COUNTY ADMIN. (signed) VIRGINIA ASSOCIATION OF REALTORS© A-f CONTRACT OF PURCHASE 4.-G.. I'.cce06ncrntnu(d15 (This is a legally binding contract: if not mtdernood, seek competent advice before signing.) REALTOR" 'I'll is CONTRACT OF PURCHASE made as of- December 16,_- _ 19__8-0—, alatong William M. Battail.e et ux_and _-Richard U. Goode et ux______ __ _ ____(herein called "Seller"), and. _ R S H Properties, Inc. _ _ .. ._ (herein called "Purchaser"), and Lucille Tavenner- and Battletown_Realty _ _ (hel-ein called "REALTORW), provides that Purchaser agrees to buy through REAL:fOR-TO, as agent for Seller, and Seller agrees to sell the following described real estate, and itll improvements thereon, located in (he Counlytt*-*�# . -Frederick _.____. ___ _. Virginia (all herein called "the property„): 71.5 acres located on Route 657, 3 miles east of Winchester,__Freder'ick County, Vir inia. Plat Attached. --, and more commonly known as _____—_----- -- -. - ----- - -------------- -- ------_--_-----(steel address). I. The purchase price of the property is _ _One _Hundred-Fif.ty—five--Tho.usanr1_----- Dollars (?- . 155., 00-GA-0..__), and such purchase price shall be paid as follows: S50Q..Q9 � DOSit; 3J,$4.O�ash__at_satLlement_ of__which_degosit_is__part-o"alanca _$-U7,200.00, firsz_Trust_to-s-el_-erg nt-- 1.0%_interest-for a_period--of_five (5) years Interest to be Paid_annually, first_ payment _due one-(!)- Purchasersto release tract one_,_fourteen acres, at settlement._ This -.sale _Js--by-._the acr_e._and__nat. by the gross. -.. -- -- _- 2. If F.H.A. financing will be sought by Purchaser in connection with (his transaction, subparagraph 2(a) on the reverse hereof is added as an amendment to the Contract of Purchase if such subparagraph is completed and is executed by Seller and Purchaser. If V.A. financing will be sought by Purchaser in connection with (his transaction, subparagraph 2(b) on the reverse hereof is added its an,}amendment to this Contract of Purchase if such subparagraph is executed by Seller and Purchaser. II• Purchaser will assume it V.A. direct, guaranteed, or, in- sured loan on the property, subparagraph 2(c) on the reverse hereof is added as an amendment to this Contract of Purchase if such sub- paragraph is CXCCUted by Scaler and Purchaser. 3. If a lender malting any loan described in paragraph 1 of this Contract of Purchase requires any discount fee as it condition of making suCII loan, such discount fee in :an amounl not exceeding per Celli of such loan shall be paid by Seller. 4. Purchaser had made it deposit of Fiv-p-Hundr-ed.. _ _ ... _---.----._.._- _ Dollars ($-51M--G0_.__ ) by -.-___-check- -_ _ -_- - - (method) with RI:AIA'0100, receipt of which is hereby acknowledged, and such deposit shall be held' by REAL'1`010v in escrow until the date of settlement and then applied to the purchase price, or returned to Purchaser if the title to the property is not marketable. 5. Seller agrees to convey the properly to Purchasel by general warranty deed ssilh the usual Fnglish covenants of title and free and clear from all encumbrances, tenancies, liens (for laxcs or otherwise), except as nray be otherwise provided above. but subject to applicable easement, ;and restrictive covenants of record not adversely affecting the use of the property. Seller further agrees to pay the expenses of preparing the deed and of (he recordation tax applicable to gr;u)lors and agrees to deliver possession of the property to Purchaser on the date of selllement or on or before 19 6. Settlement shall be made al (lie oflices of REAI •foR 11 or at Purchasers Attorney _ on or before as Soop}� a Z ning & permi)tis or as soon Ihcrcaf(er as title can be examined and necessary documents prepared, with allusE at e q. ar }� tble lime lot- Seller to correct ;any title defects reported by [he title examiner. 7. All taxes, interest, rent, and F.H.A. or similar escrow deposits, it any, shall he prorated its of the date of settlement, 8. All list, of loss or darnage to (he properly by fire, windstorm, casualty, or other cause is assumed by Seller until possession of the propelly is delivered to Purchaser. 9. Seller and Purchaser agree (hill RF.AI.'fOR•!' was the sole proCuring cause of this Contract of Purchase, and Seller agrees to pay RFAIA'OR1: for services rendered a Cash Ice of 10 per cell( of the purchase price. If either Seller or Purchaser defaults tinder (his Cont;to of Purchase, such defaulting party shall he Hittite for the cash fee of RI?AIA"ORIt' anti any expenses incurred by the non -de- faulting party, including attorneys' ices, in connection with (his laansaction and the enforcement of such Contract. Also, if Purchaser default, unde( this Contract of Purchase, any deposit made by Purchaser shall he applied to any expenses incurred by IZEALTOR@ in connection with this transaction, and (he balance of such deposit shall be divided equally between Seller ;and REALTOR LD. Real Estate Commission to be Qaid_as payment -is made. for tract_1A-3Z,800. Tract 2-$39,960. , Tract _3_-$31,400 _,- Tract-_4-28,000, Tract 5-$17,740. Sellers -_ agree to release tracts from trust according_ to above ppaXTnet1t s-.__._ Purchasers ..reserves right of _anticipation at any time. _Subject to obtaining all necess_a=_permitsfrom count,_ state -and ederal for the _ development of single family units. Also, -approval frtm highway department_,_cQ_unty and _state and obtaining__water_ and sewer servlges_frpw rF e-dP-r ck_C -Unty, Virginia - Subject to obtaining county approval for- R-3 zoning_with_�ex&prtiriRal�ing in application for approval_ VErnon-M,_ltacer ems_-,- licensed -.Real Estate -Broker. - - - - It. Purchaser rCpresenls Ihal ;nil inspcclion satisfactory to Purchaser has been made of (he property, and Purchaser agrees to accept the property in its present condition except as may be olherwise provided in (he description of the property above. 11. '1'1)is Contract of PllrchaSC Constitutes the entire agreement among the parlies and may not be modified or changed except by written instrument executed by all of the parties, including REAI: 'OR,w. 12. 'I'his Contract of Purchase shall he construed, interpreted, and applied according to the law of Virginia, and it shall be binding upon and shall inure to the benefit of the heirs, personal representatives, successors, and assigns of the parties. 1V1'l'NESS the following duly authorized signatures and scaly: (SEP to•I'E ALL COPIES BEFORE SIGNING R S H, Iri _ - ---(SEAL) ------ - ---- - - (SEAL) a — - -- -(SEAL) - --- ---- --- - _ (SEAL) - -Seller Pur - •er SEAL) (The foregoing fornc may be used only by nrc•mbers in good standing of the Virginia Assoc•iatiort of R�� E.41.7'ORS. Expressly prohibiled are the cltcplic•ation or rcproclactiort of such form, or the Else of the name "Virgini(l Association of IlBAl.7'ORS@t" in cormeclion with ally written form, without the prior written consent of the Virginia iLssoc•ialion of REA1,TORS"11.) Porn, VAR -boo Rov. 10/77 --- _.._....-�.x.�c�c-�-��.x�_x.ac.��.��.�t��-�.�.-�.�t�E.�E�a4�•�t.-M:�t.:lk.�.-1�:�.�t.je....y...�.............................._......_.---• #1073 VIRGINIA PEARL De -HAVEN ET VIR TO: .. .. DEED x WILLIAM M. BATTAILE, ET AL oo� VG PAGE 575 THIS DEED made this day of 1971 between Virginia Pearl DeHaven and Elmer Edward.DeHaven, her husband, of the one part, hereinafter called the Grantors, and i William M. Battaile and Richard U. Goode, of the other part, hereinafter called the Grantees. i WITNESSETH: That for and in consideration of the sum of Ten ($10.00) Dollars, and other good and valuable consideration, receipt of which is hereby acknowledged, the Grantors do hereby grant and convey, with general warranty and English covenants of title, unto the Grantees, in fee simple, all of that certain tract or parcel of land lying and being situate in Shawnee Magisterial District, Frederick County, Virginia, about four (4) miles East of the City of Winchester, Virginia, containing 76.92 Acres, more or less, and being all ofthe property owned by the Grantors lying on the South side of Virginia State Highway No. 657, and being a portion of the property conveyed to Virginia Pearl DeHaven by Deed of Emily Jane Seal, et als, dated October 26, 1970, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 372, page 256. This conveyance -is made subject, however, to any and all restrictions, easements and rights of way of record, ifany, affecting the aforesaid property. The Grantors covenant that they have a right to convey said property to the Grantees, that the Grantees shall have quiet and peaceable possession to said property, free from all liens and encumbrances; and that the Grantors will grant such further assurances of title as may be requisite. 1NOL'nsoN MIGH H AT I.AM VIUMMIA 1I aaox 376 PAGE 576 WITNESS the following signatures and seals the date first above written: ( SEA nia Pear DeHaven , (SEA Elmer Edward DeHaven STATE OF VIRGINI , , of � to -Wit: I , a Notary Public i and for the and State aforesaid, do hereby certif that Virginia Pearl DeHaven and Elmer Edward DeHaven, her husband, whose names are signed to the foregoing instrument bearing date the day of , 1971, have person appeared before me in my and State aforesaid, and acknowledged the same. My commission expires o7 Given under my hand this Oday of J_0_�N�or�Y1 c John R. Riley PLANNING DIRECTOR ZONING ADMINISTRATOR TO: —4rebericE1 &1111fg Dc-parflum# of J�IaltninB allb ak 6,01il pnten# m e m o r a n d u m Sanitation Authority Va. Dept. of Highways & Transportation Department of Inspections Zoning P. O. Box 601 9 COURT SQUARE WINCHESTER, VIRGINIA 22601 , ATTN Mr. W. Jones ATTN Mr. R . C . King ATTN Mr. C . Brown r% ATTN Mr. John T . P . Horne FROM: John R. Riley ey Date 1/9/81 SUBJECT: Review comments on Conditional Use Permit X Rezoning We are reviewing the enclosed request by R.S,H. Properties or their representative Mr. Racer, Battletown Realty review the attached and return your comments to me by 1/22/8 1 l---------------------------------------------- This space should be used for review comments: Subdivision Site Plan . will you please SignaturDate 1" 17- 8 / 703/662-4532 Zoning A:nenciment No. _ Application Date JANUA_RY 5, 1981 APPLICATION FOR REZONING . . . . . . . . . . . . . . . . . . COUNTY OF F-gFDERICK, . VIi2GIItI. TO THE PLANNING COMMISSIO_I AND BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK, VIRGINIA _ I (WE), THE UNDERSIGNED, DO HEREBY RESPECTFULLY MAKE APPLICATION AND PETITION THE GOVERNING BODY TO AMEND THE ZONING ORDINANCE AND TO CHANGE THE ZONING MAP OF COUNTY OF FREDERICK, VIRGINIA AS HEREINAFTER REQUESTED, AND IN SUPPORT OF THIS APPLICATION, THE FOLLOWING FACTS ARE S HO'WN : 1. The property sought to be rezoned is located 71.024 acres located about 3 miles east of - Winchester, Frederick County, Virginia. Senseny Road, Road No.•657 and Road No. 736.' •Ply t •Attached . - . attached It has a frontage of plat feet and a depth of 'feet and consists of 71.024 acre; 2. The property sought to be rezoned is owned by William M.-Battaile & Richard U. Goode 37(b as evidenced by deed from under contract to RSH Prop er.tieq, Inc• recorded:in;Bo6k 376 Page 575 , Registry of County of . Frederick This property is designated as Parcel No. 49 on Tax Map No. ' Section 65 (Note: Numbers may be obtained from the Office of Commissioner of Revenue.) 3. It is desired and requested•that the foregoing property be rezoned: FROM A-2 TO R-3 4. It is proposed that the property will be put to the following use: Sub -divided into smaller tracts conforming to R-3 Zoning provided water and sewer can be extended to property. 5. It is proposed that the following buildings will be constructed: Homes to be financed by VA, VHDA and FmHa meeting h ahn�» requirements. t t� G. The following are all of: the individuals, firms, or corporations owning property adjacent to both sides and rear, and the'property in front of (across street from) the property sought to be rezoned: (Use additional pages if necessary. NMIC ^ Nmbe s COMPLETE t•IAILING ADDRESS (Street, Route, Box, Etc. NOS.) 13AICM TAX MAP a John F. & Lill J. Gordon 186-B Se White Post Virginia •22663 b Alvin S. & Nancy J: Poe 193 Sec. 65 Rt.1, Box 71-A c Alvin S. & Nancy J. Poe 192 Sec. 65 Rt.l .Box 71-A B d Hilda Perry Patton 191 Sec. 65 19 W.-James St,, Winchester, Va':2260 e Henry M. & Eleanor Davis 190 Sec. 65 Rt.l Box-69 Berryville, f 'Grover Sharon T. Fox, Jr: Stickman and Sec. 65 4214 P akview Gt.,Fnirfnx,Vn. 22010 g Eugene F. & Barbara L. Grove 72 Sec 6 h George Lambert 55' Sec.'65 Route•1, Berr ville Virginia 22611 i Vi><giriia Pearl DeHaven ' 41 Sec. 65 Route 1, Box 154 �nchest.er,,.:Viy'. 2 � -ttarnm -r.,-F mnir l,o nhtai narl frnm i-hc-- office of the Commissioner of Revenue.) ' 7. The following information is -attached to support this application • ;:� .(Use additional' pages if 'necessary.'. 8. (a) Attached isV a copy of a LOCATION MAP ..... SCALED 1" _ '2, 000' ` "" ' r (b) Attached is a sketch showing proposed and/or exi ti g structure on property with measurements to all property Ines! SIGNATURE OF APPLICANT: MAILING ADDRESS OF APPLICANT: R S H Properties, (Complete with Route, Street,' Box, Etc. NUMBERS.) Vernon M. Racer, John•Sfarnas and Harry t, Hicks, 1110 Berryville Avenue, P. 0. Box 2094 Winchester, Virginia 22601 f.o.r. o.f.f.i.c.e u.s.e o.n.l.y PLANNING COMMISSION PUBLIC HEARING RECOMMENDATION OF (date) Approval • Denial SECRETARY (signed) BOARD OF SUPERVISORS PUBLIC HEARING ACTION OF (date) Q Approval Denial COUNTY ADMIN. (signed) VIRGINIA ASSOCIATION OF REALTORS@ A-( CONTRACT OF PURCHASE VNncuUA AS SWAT ION OF AUM.", (This is a legally binding contract; if not nnderslood, seek competent advice before signing.) REALTOR" This CONTRACT Oh PURCHASE made as of December 16,_____ -- __ ___ ____- _-- 19__80—, William M. Battaile et ux and Richard_ U. Goode e� sex __ __ _—_(herein called "Seller"), among - --- -- - - and_— _R _S -H Properties 1- Inc__- ___-.__--_-(herein called "Purchaser"), and. . -_ Lucille- _ Tavenner and BattletownRealty_ _ _.._ _ (herein called "REALTOR©"), provides that Purchaser agrees to buy through REAI:I'OR�19, as agent for Seller, and Seller agrees to sell the following described real estate, and all improvements thereon, located in the County *,iktt*�A _-IYederiek . _ _ __-..__ _ .. __. _ Virginia (all herein called "the property"): _71.5 acres located on Route 657, 3_miles east of Winchester, Frederick -County, Virkinia. Plat Attached. and more commonly known as _-. -- --- ___--. _ - ---- --- - --- --(street address). 1. 'the purchase price of the property is _ .-One_Hundred Fifty. -five Thousand -- Dollars ($-_155, 00D-0-0.__), and such purchase price shall be paid as follows: $509-..00-AE�posit;�31,1=-cash_at_sEt.tlement_of-which-deposit_.i.s-par-t-ol-~Balance-- _ A11]., 2O • QO first Tr-us.t_tosell ers at- 10% _inter.est-fora--perin Interest to be paid annually, first_payment due -.one dlJ_year om settlement Purchasers to release tract one, fourteen acres,- at settlement._ _ -- - This_.sale--is-by_-the, acre. -and --not. by- -the - gross. - ...------ ------ ------ -- --- 2. If F.H.A. financing will be sought by Purchaser in connection with this transaction, subparagraph 2(a) on the reverse hereof is added as an amendment to the Contract of Purchase if such subparagraph is completed and is executed by Seller and Purchaser. If V.A. financing will be sought by Purchaser in connection with this transaction, subparagraph 2(b) on the reverse hereof is added as an Amendment to this Contract of Purchase if such subparagraph is executed by Seller and Purchaser. If Purchaser will assume it V.A. direct, guaranteed, or. in- sured loan on the property, subparagraph 2(c) on (he reverse hereof is added as an amendment to this Contract of:Purchase if such sub- paragraph is executed by Seller and Purchaser. 3. If it lender making any loan described in paragraph I of (his Contract of Purchase requires any discount fee as a condition of making such loan, such discount fee in on amount not exceeding per cent of such loan shall be paid by Seller. 4. Purchaser had made a deposit of _. ;L e-Hundr-ed_ _.._____._-- _._—___- Dollars ($_500 -00-_ ) by _. __ _check_ - __ __-_- ._ (method) with REAIA'OR11), receipt of which is hereby acknowledged, and such deposit shall be held by REAL'FOR,tO in escrow until the date of settlement and then applied to the purchase price, or returned to Purchaser if the title to the property is not marketable. 5. Seller agrees to convey the property to Purchaser by general warranty dCCll with the usual English covenants of title and free and clear front all encumbrances, lenancies, liens (for taxes or otherwise), except its may be otherwise provided above, bill subject to applicable casements and restrictive covenants of record not adversely affecting the use of the property. Seller further agrees to pay the expenses of preparing the deed and of the recordation tax applicable to grantors and agrees to deliver possession of the property to Purchaser on the dale of settlement or un or before 19 6. Settlement shall be made at the offices of REAI:I'0100 or at Purchasers .Attorney _- ---_ ._ . _ __ _ on or before as soo a Z,,�QQning & permiJds. , or as soon Ihcrcafter as title can be examined and necessary documents prepared, with allos�;�ii?-c B X4 910ible time for Seller to correct ally title defects reported by the title examiner. 7. All lazes, interest, real, and 1".1I.A. ur Similar escrow dcpusits, it' any, shall be prorated its of the date of settlement. H. All risk 01' loss or damage to the property by fire, windstorm, casually, or other cause is assumed by Seller until possession of the properly is delivered to Purchaser. 9. Seller and Purchaser agree that RHAIA'ORdr was the sole procuring cause of this Contract of Purchase, and Seller agrees to pay REA1.1'01 , fur services rendered it cash fee of 10 per cent of the purchase price. If either Seller or Purchaser defaults under this C'untact of Purchase, such defaulling pnrly shall be liable for the cash fee of RFAI:fOR,u` and any expenses incurred by the non -de- faulting pally, including attorneys' fees, in connection with Iltis uamaction and the enforcement of such Contract. Also, if Purchaser defaul(S under this Contract of Purchase, any deposit made by Purchaser shall be applied to any expenses incurred by REALTORn in connection with this transnctiun, and (he balance of such deposit shall be divided equally between Seller and IZEALTOR@. Real Estate Commission to be paid as .payment is-made4r tract 1-$�7,800 Tract_2-$39,960., Tract _3-$31,400_,_Tract _4�28,000, Tract 5- 17;740. Sellers _— agree to release tracts from trust according to above p�nQnts _Purchasers -reserves right -of anticipation at anv time. -_ - Subject to obtaining all necessary permits from county, state and federal for the development of_ single family -units.- Also,-_appro-Yal--from- highww,ay.si-epar-tmenL,-cilat- : and state and obtaining water and sewer services froln Fre Brick CouutX, Vireinia.— Subject to obtaining.county approval for R-3 zoning with sellers participating_ in application for approval. _- -__ Vernon M._-Racers s a -licensed. -Real.-. Estat"r-aker 10. Purchaser represents that an inspection sill is factory to Purchaser has been made of (he property, and Purchaser agrees to accept the properly in its present condition except as may be otherwise provided in the description of the property above. 11. 'I'hiS Cunlracl of Purchase constilutes the entire agreement among the parties and may not be modified or changed except by written inst'unlent executed by all of the parties, including REAL:I'ORrw. 12. 'I'his Contract of purchase shall be Construed, interpreted, and applied according to the law of Virginia, and it shall be binding upon and shall inure to the benefit of the heirs, personal representatives, successors, and assigns of the parties. WI'I'NESS the following duly authorized signatures and seals: - [SEP ZA'I'E ALL COI'1L-S 13EFOIZE SIGNING R S H, Iri --- - =� - - -(SL'AL) - - -- (SEAL) Sell-P -- 1. c (SEAL) Seller Pur er — SEAL) (7'he foregoing form nnuv he used only by nncnrbt'rs in good .slanding of flit' Virginia Association of REALTORS0. Expressly prohibited are the duplication or reproduction of such form, or the rr.se of t/le name "Virginia 1I.ssoc•iation of REALTORS�-10" in connection tvif/n any written form, withoul the prior wriffen coasenf of tlnc Virginia Association (i/ REALT01tS�!9.) Form VAR-600 Rev. 10/77 #1073 VIRGINIA PEARL De -HAVEN ET VIR TO: .. .. DEED a` WILLIAM M. BATTAILE, ET AL VG PAGE 575 THIS DEED made this 12�___-- day of 1971 between Virginia Pearl DeHaven and Elmer Edward.DeHaven, her husband, of the one part, hereinafter called the Grantors, and William M. Battaile and Richard U. Goode, of the other part, I hereinafter called the Grantees. WITNESSETIi: That for and in consideration of the sum of Ten ($10.00) Dollars, and other good and valuable consideration, receipt of which is hereby acknowledged, the Grantors do hereby grant and convey, with general warranty and English covenants of title, unto the Grantees, in fee simple, all of that certain tract or parcel of land lying and being situate in Shawnee Magisterial District, Frederick County, Virginia, about four (4) miles East of the City of Winchester, Virginia, containing 76.92 Acres, more or less, and being all ofthe property owned by the Grantors lying on the South side of Virginia State Highway No. 657, and being a portion of the property conveyed to Virginia Pearl DeHaven by Deed of Emily Jane Seal, et als, dated October 26, 1970, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 372, page 256. This conveyance -is made subject, however, to any and all restrictions, easements and rights of way of record, if aiy, affecting the aforesaid property. The Grantors covenant that they have a right to convey said property to the Grantees, that the Grantees shall have quiet and peaceable possession to said property, free from all liens and encumbrances; and that the Grantors will grant such further assurances of title as may be requisite. NOLR90N THICK 'H AT LAW H, VIHIIINIA Box 376 PACE WITNESS the following signatures and seals the date first above written: ( SEA nia Pear DeHaven '(//� tGe�t 1 ' ` , ( SEA Elmer Edward DeHaven STATE OF VIRGINI , , of , to -wit: a Notary Public i and for the and State aforesaid, do hereby certif that Virginia Pearl DeHaven and Elmer Edward DeHaven, her husband, whose names are signed to the foregoing instrument bearing date the day of , 1971, have person appeared before me in my and State aforesaid, and acknowledged the same. My commission expires 2 Given under my hand this day of No ry 1 c TRPASURIM'9 Ol PICH, COUNTY OF li IREDIJRICIt P. O. Box 225 `VINCnESTSIZ, VIRGINIA 22601 DOROTIIY B. I EORLILY, TREASURER PIIONE 662-.6611 Zoning A;nendment No. Application Date JANUARY 5, 1981 APPLICATION FOR REZONING . . . . . . . . . . . . . . . . . . COUNTY OF.rREDERICK;.VIRGII.11 TO THE PLANNING COMMISSION AND BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK, VIRGINIA . . I (WE), THE UNDERSIGNED, DO HEREBY RESPECTFULLY MAKE APPLICATION AND PETITION THE GOVERNING BODY TO AREND THE ZONING ORDINANCE AND TO CIMINGE THE ZONING MAP OF COUNTY OF FREDERICK, VIRGINIA AS HEREINAFTER REQUESTED, AND IN SUPPORT OF THIS APPLICATION, THE FOLLOWING FACTS ARE SHOWN: 1. The property sought to be rezoned is located 71.024 acres located about 3 miles east of - Winchester, Frederick County, Virginia. Senseny-Road, Road No. 657 and Road No. 736.• Plat Attached: attached It has a frontage of plat feet and a depth of feet and consists bf 71.024 acres• 2. The property sought to be rezoned is owned by William M. Battaile & Richard U. Goode 3'1 6. as evidenced by deed from under contract to RSH Properties,Inc. recorded,in:13o6k Page 575 , Registry of County of ' Frederick r ' This property is designated as Parcel No. 49 on Tax Map No. • Section 65 (Note: Numbers may be obtained from the Office of Commissioner of Revenue.) 3. It•is desired and requested that the foregoing property be rezoned: FROM A-2 TO R- 4. It is proposed that the property will be put to the following use: Sub -divided into smaller tracts conforming to R-3 Zoning provided water and sewer can be extended to property. 5. It is proposed that the following buildings will be constructed: Homes to be financed by VA, VHDA and FmIia meet ingthe ahnVn r.ecjiirements. 6. The following are all. of the individuals, firms, or corporations owning property adjacent to both sides and rear, and the'property in front of (across street from) the property sought to be rezoned: (Use additional pages if necessary.' NAME Numbers ---4COMPLETE MAILING ADDRESS (Street, Route, Box, Etc. NOS.) PARCEL• MAP a John F. & Lilly J. Gordon 186-B Se White Post Virginia •22663 b Alvin S. & Nancy J: Foe 193 Sec. 65 Rt.1, Box 71-A.Berr3py.ille, c Alvin S. & Nancy J. Poe 192 Sec. 65 Rt.l .Box 7 - d Hilda Perry Patton 191 Sec. 65 19 W.'James St, Winchester Va•:2260' e Henry M. & Eleanor Davis 190 Sec. 65 Rt.l Box•69 Berryville, f 'Grover T. Fox, Jr: Sharon Stickman and 186—T Sec. 65 4214 P ak i g Eugene F. & Barbara L. Grove 72 Sec 6 h George Lambert 55 Sec."65 Route-1, Berry. —Ville, Virginia 22611 i Virginia Pearl DeHaven ' 41 Sec.' 6'S Route Box 154 inchester„ :Vay ;,,Arl f,-nTn i-hr- Office of the Commissioner of Revenue.) 7. The following information is -attached to support this application .(Use additional pages if 'necessoxy__ - n 8. (a) • f, ....... . rr. :. i r.• . Ir.. Attached is a copy of a LOCATION MAP ..... SCALED=`2,000 , ... •4� '.r ,,rr...''V:'� ^,.�.,,'.}.'r0 i - -Yr (b) Attached is a sketch showing propos d=`and/or ex'_t'ng structures on property with measurements to all property SIGNATURE OF APPLICANT:. MAILING ADDRESS OF APPLICANT: R S 11 Properties, (Complete with Route, Street, Box, Etc. NUMBERS.) Vernon M. Racer, John 'Sfarnas and Harry L. Hicks 1110 Berryville Avenue, P. 0. Box 2094 Winchester, Virginia 22601 f.o.r. o.f.f.i.c_e, u.s.e o.n.l.y PLANNING COMMISSION PUBLIC HEARING RECOMMENDATION OF (date) El Approval Denial SECRETARY (signed) BOARD OF SUPERVISORS PUBLIC HEARING ACTION OF (date) 0 Approval 0 Denial COUNTY ADMIN. (signed) VIRGINIA ASSOCIATION OF RLALTORSO)' A( CONTRACT OF PURCHASE va,m�A A550CUOCNcr fiValcR$ (This is a legally birreling contract; if not unders-lood, seek compoe nt advice before signing.) REALTOR") This C0N1'RAC'I' OP PURCHASE made as of - December 16,-. _ _ _ 19-90 .,coons _ William M. Battelle et sex and Richard_- U. Goode_ et called "Seller"), -- and- R-_S H Properties, Inc. _ _ _ _.. (herein called "Purchaser"), and __ .__ Lucille Tavenner- and Battletown. Realty (herein called "Rt?ALTok©"), provides that purchaser agrees to bury through REA1.1'OR,t", as agent for Seller, and Seller agrees to sell the following described real estate, and all improvements thereon, located in the Counlytikt*'4A . _Frederick _ Virginia (ail herein called "the property"): 71.5 acres located on Route 657, 3 miles east of Winchester,_ -Frederick County, Virginia. Plat Attached. —_—, and more commonly known as _ --- ------.-_-- ---...------------ - --(street address). 1. The purchase price of the property is . One-Hundred-Fif.ty---five -Thou-sand- Dollars (5_. 155, 000.-00.. _), and such purchase price shall be paid as follows: 55 —0-0--devo3-tt;__ -3J__, 800 cash -at -settlement- of- _which-- deposit __ is-par-t-of-.-Balance^ _ A117, 200. 00,_-firs-t__Trus-t -U sellers at, LO%- interest for a -period -of-five-(5)-years Interestto to b_e_paid annually, -first payment due- one _(1I _year_ frQm settlement . Purchasers to release tract one, fourteen acres, at settlement. _This. aahe As_1-y_-the acre -and._nat. by the gross. --- -- - ---- - 2. If F.H.A. financing will be sought by Purchaser in connection with this transaction, subparagraph 2(;0on the reverse hereof is added as an amendment to the Contract of I'urChasC if such subparagraph is completed and is executed by Seller and Purchaser. If V.A. financing will be sought by Purchaser in connection with This transaction, subparagraph 2(b) on the reverse hereof is added as an [amendment to this Contract of I'urchasC if such subparagraph is executed by Seller and Purchaser. 11' Purchaser will assume a V.A. direct, guaranteed, or. in- sured loan on the property, subparagraph 2(c) on the reverse hereof is added as an amendment to this C'onlract of Purchase if such sub- paragraph is executed by Seller and Purchaser. 3. If a lender milking any loan described in paragraph I of (his Cont,ucl of Purchase requires any discount fee as a condition of making such loan, such diSCUnnt fee in an amount not C.xcecding per cent of such loan shall be paid by Seller. 4. Purchaser had made a deposit of FiYe-Hundred-. __ .. _ -- _ _ _ _-- . _ - - Dollars ($-500.00_ _—_--) by -. - _check- --.--- --- - (method) with REAIA'OR`R), receipt of which is hereby acknowledged, and such deposit shall be held' by REALTOR'D in escrow until the (late of settlement and then applied to the purchase price, or returned to Purchaser if the title to the properly is not marketable. ' 5. Seller agrees to convey the property to Purchaser by general warranty deed with the usual English covenants of title and free and Clear from all encumbrances, lenancies, liens (for taxes or o(herwise), except as may be otherwise provided above, bill subject to applicable easements and restrictive Covenants of record not adversely affecting the use of the properly. Seller further agrees to pay the expenses of prepurnag the deed and of the rccordaiion tax applicable to grantors and agrees to deliver possession of the property to Purchaser on the date of setlenlew or on or before 19- 6. Settlement shall be made at (he offices of REAIA'0101 or at Purchasers .Attorney _—_____ _._____ on or before as soon as z^qning & permilds . or as soon (hereafter ns title can be examined and necessary documents prepared, with allo#RPce 08r&"94ktblc time for Seller to correct any title defects reported by the title examiner. 7. All lazes, interest, rent, and F.H.A. or similar escrow deposits, if any, shall be prorated as of the dale of settlement. 8. All risk of loss or d;unage to the property by fire, windstorm, casually, or other cause is assumed by Seller until possession of the properly is delivered to Purchaser. 9. Seller and Ptrr'ChaSer agree that IWAIA"OR'11 was the sole procuring cause of this Contract of Purchase, and Seller agrees to pay REAI:['OR,, for services rendered it Cash fee of 10 per Celli of the purcl);tse price. If ei(her Seller or Purchaser defaults under this ContraCl of PIrrCIMSC, such defaulting party shall be liable for IIIC Cash fee of RI: AIA*0IV0 and any expenses incurred by the non -de- faulting p;trly, including attorneys' fees, in ConnCCliun will) this t;utsaclion and the enforcement of such Contract. Also, if Purchaser defaults under this Contract of Purchase, any deposit made by Purchaser shall he applied to any expenses incurred by REALTOR0 in connection with this trarmictiun, and the balance of such deposit shall be divided equally between Seller and REAL'i'OR0. -_ Real Estate_ Commission to be paid as .paymentis_madg _ Q� track- 1�3-7,800. Tract 2-$39,960., Tract 3-$31,400_,_Tract 4-$28,000, Tract_5-$17 740, Sellers agree to release tracts from trust according_ to above payments•_-- --_ Purchasers ..reserves right of anticipation at any_ time._— _Subject to o_b_ta_ining all necessary permits from county,`state and federal for the development of single family -units. Aleo,_,approyal fxQl31. _h ghway _ dsg�rtmant,_CsQunty and state and obtaining- _water and sewer _serviee-P _frga-Y-re-derick-County... irginia.— Subject to obtaining county approval for R-3 z01jTJ&_W --f I rs_RarticiRating in -- application for approval.- ---Vernon.-M. -Racer i s_a licensed -Real Estate -Broker- - - - 10. Purchaser represents that an inspection satisfactory to Purchaser has been made of the property, and Purchaser agrees to accept the property in its present condition except as may be otherwise provided in the description of the properly above. 11. 'this Contract of Purchase Constitute, the entire agreement among the parties and may not be modified or changed except by written instrument executed by all of flue parties, including REAL'I'ORon. 12. This Contact of Purchase shall be construed, interpreted, and applied according to the law of Virginia, and it shall be binding upon and shall inure to the benefit of the heirs, personal representatives, successors, and assigns of the parties. WITNESS the following duly authorized signatures and seals: [SEP tA'l'li ALL COPIES 13EFORE SIGNING R S H, In ----(SEAL.) — — ---- — — (SEAL) A(SEA :.:----- — -- 1; c L) _ _ _ -- _ (SEAL) Seller Pur •er (7'be foregoing form anal, he used only try members in good standing of the Virginia Association of I?EAL7'ORS@. Expressly prohibiled are flit, duplication or rt,prodncfion of snn•h fornn, or the rise of flit' nanu• "Virginia :Lasociation of REAL7'01?,Y110" in connection with ally wri[fen fornn, without tic prior wrillen consent of the Virginia ,hsociaiiolt of REAI,7*0l?SQ"9.) Form VAR-600 Rev. 10/77 I - -i- #1073 VIRGINIA PEARL DeHAVEN ET VIR TO: .. .. DEED WILLIAM M. BATTAILE, ET AL -x- -x- -x- -x- a�- -x• � -x- �x- ->E � ac- ->E -x- -�- -� .x -�- ->E� ->F •x� ac- ->E �x- ->F � � ->E ->E ->f �- � a� �- � ao�►; r '76 FAE 5'75 THIS DEED made this day of 1971. between Virginia Pearl DeHaven and Elmer Edward.DeHaven, her husband, o one f the art, hereinafter called the Grantors, and P I William M. Battaile and Richard U. Goode, of the other part, I hereinafter called the Grantees. i WITNESSETH: That for and in consideration of the sum of Ten ($10.00) Dollars, and other good and valuable consideration, receipt of which is hereby acknowledged, the Grantors do hereby grant and convey, with general warranty and English covenants of title, unto the Grantees, in fee simple, all of that certain tract or parcel of land lying and being situate in Shawnee Magisterial District, Frederick County, Virginia, about four (4) miles East of the City of Winchester, Virginia, containing 76.92 Acres, more or less, and being all ofthe property owned by the Grantors lying on the South side of Virginia State Highway No. 657, and being a portion of the property conveyed to Virginia Pearl DeHaven by Deed of Emily Jane Seal, et als, dated October 26, 1970, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 372, page 256. This conveyance -is made subject, however, to any and all restrictions,'easements and rights of way of record, if azy, affecting the aforesaid property. The Grantors covenant that they have a right to convey said property to the Grantees, that the Grantees shall have quiet and peaceable possession to said property, free from all liens and encumbrances; and that the Grantors will grant such further assurances of title as may be requisite. %N DETISON MILK H AT LAN it. VIHUINIA _P-k '-k% Boor 376 PAGE S'75 WITNESS the following signatures and seals the date first above written: (SEA. ,(SEA STATE OF VIRGINI , , of , to -wit: a Notary Public i and for the and State aforesaid, do hereby certif that Virginia Pearl DeHaven and Elmer Edward DeHaven, her husband, whose names are signed to the foregoing instrument bearing date the 2_�_ day of , 1971, have persor appeared before me in my and State aforesaid, and acknowledged the same. My commission expires o? Given under my hand this day of No ry 1 c (7( �,Z&o ti This is to certify that the attached correspondence was mailed to the following on February 23, 1981 from the Office of Planning and Development, Frederick County, Virginia: John F. & Lilly J. Gordon White Post, Virginia 22663 Alvin S. & Nancy J. Poe Route 1, Box 71-A Berryville, Virginia 22601 Hilda Perry Patton 19 West James Street Winchester, Virginia 22601 Henry M. & Eleanor Davis Route 1, Box 69 Berryville, Virginia 22611 Virginia Pearl DeHaven Route 7, Box 154 Winchester, Virginia 22601 STATE OF VIRGINIA, Grover T. Fox, Jr. & Sharon Stickman 4214 Peakview Ct. Fairfax, Virginia 22030 Eugene F. & Barbara L. Grove Route 6, Box 239A Winchester, Virginia 22601 George Lambert Route 1 Berryville, Virginia 22611 J n R. Riley, Director or TO-WIT I, a Notary Public in and for the State and aforesaid, do hereby certify that JOHN R. RILEY, DIRECTOR, PLANNING AND DEVELOPMENT DEPARTMENT, whoose name is signed to the foregoing, dated ��1981, has personally appeared before me and acknowledged the same in my State and aforesaid. Given under my hand this c2 day o l 1981. My Commission expires U NOVAY PUBLIC �redert.cit (�i7rttxt��1 JOHN RILEY P. O. BOX 601 PLANNING DIRECTOR 9 COURT SQUARE JOHN T. P. HORNE WINCHESTER, VIRGINIA 22601 DEPUTY DIRECTOR February 23, 1981 TO THE APPLICANT (s) and/or ADJOINING PROPERTY OWNER (s) The application of : RSH Properties, Inc. Rezoning For: Rezone 71.024 acres from A-2 (Agricultural - General) to R-3 (Residential -General) to enable subdivision under R-3 zoning. The rezoning request will be considered by the Frederick County Board of Supervisors at their meeting of March 11, 1981, at 7:00 p.m., in the Board of Supervisors' Meeting Room, 9 Court Square, Winchester, Virginia. Any interested parties having questions or wishing to speak, may attend this meeting. JRR:dll Sincerely, /oh� R. Riley, Di ector 703/662-4532 This is to certify that the attached correspondence was mailed to the following on Feb 2 ]_AR1 from the Office of Planning and Development, Frederick County, Virginia: John F. Lilly J. Gordon Grover T. Fox, Jr. & Sharon Stickman White Post, Virginia 22663 4214 Peakview Ct. Fairfax, Virginia 22030 Alvin S. & Nancy J. Poe Route 1, Box 71-A Eugene F. & Barbara L. Grove Berryville, Virginia 22611 Route 6, Box 239A Winchester, Virginia 22601 Hilda Perry Patton 19 West James Street George Lambert Winchester, Virginia 22601 Route 1 Berryville, Virginia 22611 Henry M. & Eleanor Davis Route 1, Box 69 Berryville, Virginia 22611 Virginia Pearl DeHaven Route 7, Box 154 Winchester, Virginia 22601 Jo n R. Riley, Di ector STATE OF VIRGINIA, OF ��-c�y c�t� , TO -WIT a Notary Public in and for the State and �", aforesaid, do hereby certify that JOHN R. RILEY, DIRECTOR, PLANNING AND DEVELOPMENT DEPARTMENT, whoose name is signed to the foregoing, dated ���, �,� , 1981, has personally appeared before me and acknowledged the same in my State and ' aforesaid. Given under my hand this day of 1981. My Commission expires NOTARY PUBLIC �xQ�.extclz @Z.�nn#� pepnx#nten# of J�Iannrng and p6dapmen# JOHN RILEY P. O. BOX 601 PLANNING DIRECTOR 9 COURT SQUARE JOHN T. P. HORNE WINCHESTER, VIRGINIA 22601 DEPUTY DIRECTOR February 2, 1981 TO THE APPLICANT (s) and/or ADJOINING PROPERTY OWNER (s) The application of: RSH Properties, Inc. Rezoning For: Rezone 71.024 acres from A-2 (Agricultural -General) to R-3 (Residential -General) to enable subdivision under R-3 zoning. The rezoning request will be considered by the Frederick County Planning Commission at their meeting of February 18, 1981, at 3:00 p.m., in the Board of Supervisors' Meeting Room, 9 Court Square, Winchester, Virginia. Any interested parties having questions or wishing to speak, may attend this meeting. JRR:dll Si cerely, J hn R. Riley, Dir ctor 703/662-4532 John R. Riley PLANNING DIRECTOR ZONING ADMINISTRATOR TO: 7 uberirh Ttvuiifu Deparfinenf of Plaiimtig c`Tliii p6djapiiien# m e m o r a n d u m Sanitation Authority Va. Dept. of Highways & Transportation Department of Inspections Zoning P. O, BOX 601 9 COURT SQUARE WINCHESTER, VIRGINIA 22601 ATTN Mr. W. Jones ATTN Mr. R . C . King ATTN Mr. C . Brown ATTN Mr. John T . P , Horne FROM: John R Ri 1 ey Date 1/9/81 SUBJECT: - Review comments on Conditional Use Permit Subdivision X Rezoning Site Plan We are reviewing the enclosed request by R.S,H. Properties or their representative '-`fir. Racer, Battletown Realty review the attached and return your comments to me by 1/22/8 1 ------------------------------------------------- This space should be used for review comments: Signature 703/662-4532 Date Will you please Zoning Amendment No. Application Date •JANUARY 5, 1981 APPLICATION FOR REZONING . . . . . . . . . . . . . . . . . COUNTY OF.FRFDERICK; VIRGIII7. TO THE PLANNING CO_MISSIO_I AND BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK, VIRGINIA . I (�+'E), THE UNDERSIGNED, DO HEREBY RESPECTI'ULLY MAKE APPLICATION AND PETITION THE GOVERNING BODY TO AREND THE ZONING ORDINANCE AND TO CHANGE THE ZONING MAP OF COUNTY OF FREDERICK, VIRGINIA AS IIEREINAFTER REQUESTED, AND IN SUPPORT OF THIS APPLICATION, THE FOLLOWING FACTS ARE SHO"IN: 1. The property sought to be rezoned is located 71.024 acres located about 3 miles east of - Winchester, Frederick County, Virginia•, Senseny Road, Road No.•657 and Road No. 736.' ,Plht Attached. attached It has a frontage of plat feet and a depth of *feet and consists of 71.024 acreE: 2. The property sought to be rezoned is owned by William M.-Battaile & Richard U. Goode 37� as evidenced by deed from under contract to RSII Properties, Inc. recorded in.Bo6k 3�6 Page 575 , Registry of County of ' Frederick This property is designated as Parcel No. 49 on Tax Map No. ' Section (Note: Numbers may be obtained from the Office of Commissioner of Revenue.) 3. It is desired and requested that the foregoing property be rezoned: FROM A-2 TO R-3 4. It is proposed that the property will be put to the following use: Sub -divided into smaller tracts conforming to R-3 Zoning provided water and sewer can be extended to property. 5. It is proposed that the following buildings will be constructed: Homes to be financed by VA, VHDA and FmHa meetinp- t]_e -hnvp requirements. - 14 REZONIT.(: PETI`.CION 1001-81 RSH Properties Requesting Rezoning from A-2, Agricultural -General to R-3, Residential -General, consisting of 71.024 acres T,nC ATTnm Approximately 3 miles east of Winchester on Senseny Road, Route 657 at its intersection with Route 736. MAGISTERIAL DISTRICT: Shawnee Magisterial District ADJACENT LAND USE AND ZONING: Agricultural and residential land use and agricultural and residential zoning. PRnPnSPt Ti TIFF. Subdivide 71 acre tract into smaller tracts conforming with the R-3 zoning. Water and sewer to be provided. CONSTRUCTION PROPOSED: Single family detached dwelling units. REVIEW EVALUATIONS: Va. Dept. of Highways and Transx)ortation/Public Works - No objection to the rezoning. Sanitation Authority - Satisfactory. Adequate capacity to serve the proposed use. Department of Inspections - No objection. Planning and Zoning - The use as proposed is in conformity with the Frederick County Comprehensive Plan and the 1990 Land Use Plan. Water and sewer are available to the site. STAFF RECOMMENDATION: Approval. PLANNING COMiMISSION RECOMMENDATION: The Planning Commission, by a majority vote, recommends approval of this request to the Board of Supervisors. JOHN RILEY PLANNING DIRECTOR JOHN T. P. HORNE DEPUTY DIRECTOR TO: FROM: SUBJECT: gzebr.eridl (9-au T#u e�r�t� ztten# laf FXuxtrtilig allpefx urpinent P. O. Box 601 9 COURT SQUARE M E M 0 R A N D U M WINCHESTER, VIRGINIA 22601 March 5, 1981 Frederick County Board of Supervisors Frederick County Planning Commission STATUS OF THE DISPOSAL OF WASTE WATER TREATMENT SLUDGE Upon reviewing the attached memorandum from the Planning staff regarding the disposal of sewerage treatment sludge, the Planning Commission at their regularly scheduled meeting of March 4, 1981, by unanimous vote, recommends that legislation be prepared to govern the disposal of waste water treatment sludge in Frederick County. The Planning Commission in discussing this matter felt that presently the County was inadequately prepared to accept any and all proposals regarding the disposal of waste water treatment plant sludge in the County. This is supported by the fact that the administrative staff of the County has little or no knowledge regarding the technical requirements for the disposal of sludge and is severely restricted in its ability to monitor such disposal. The Planning Commission also indicated that the State Water Control Board would have difficulty in effectively monitoring any type of disposal and that the agency also would have difficulty in enforcing the same. In discussing the matter further, the Planning Commission feels that the existing sections in the County Code do not adequately address the disposal of waste water treatment sludge. The Planning Commission felt, however, that totally eliminating any and all possibilities for the disposal of sludge would close any avenues regarding the possible future beneficial uses of such application in agricultural areas of the County. Therefore, the Planning Commission recommends that either the Hazard Waste Section of the County Code be amended to adequately address the disposal of waste water treatment sludge or require any request for disposal be channeled through Section 21-12 of the Frederick County Zoning Ordinance. This action would necessitate public hearings by both the Planning Commission and Board of Supervisors. If you have any questions regarding this matter, please do not hesitate to contact this office. JRR:bjs 703/662-4532