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HomeMy WebLinkAbout05-22 Greystone Properties - Back Creek PINs 53-A-91, 63-A-2A Revised Proffers - Backfile�1 REZONING TRACKING SHEET Check List: Application Form i Fee & Sign Deposit Proffer Statement_ Deed impact Analysis Plat/Survey Adjoiner List Taxes Paid Statement__ i VS Z �_ i c ZZ CA. .I y c�(aa 91a�laa Sys ID # File opened Reference manual updated/number assigned D-base updated Copy of adjoiner list given to staff member for verification Color location maps ordered from Mapping Scan documents to Planning S: drive Application Action Summary updated Scan additional items as needed (Project Planner to direct) Planning Commission Meeting Board of Supervisors Meeting ACTION: ACTION: Signed copy of Resolution received from County Administrator and placed in Proffers Notebook together with proffers Approval (or denial) letter mailed to applicant/copy to file and cc's Reference manual updated D-base updated Scanning updated Application Action Summary updated File given to Mapping to update zoning map Zoning map amended REZONING APPLICATION #05-22 GREYSTONE PROPERTIES LLC Staff Report for the Board of Supervisors Prepared: September 8, 2022 Staff Contacts: M. Tyler Klein, AICP, Senior Planner Reviewed Action Planning Commission: 09/07/2022 Recommended Approval Board of Supervisors: 09/14/2022 Pending EXECUTIVE SUNIMARY & STAFF CONCLUSION FOR THE 09/14/22 BOARD OF SUPERVISORS MEETING: This is a proposal to amend the proffer statement approved with RCZ #02-21 (Greystone Properties, LLC Age -Restricted). The proposed amendment seeks to replace the current text defining age -restricted with the new language to align with the federal guidelines governing age -restricted housing more accurately. No other provisions in the approved proffer statement are proposed to be amended, and the use and density enabled on the 1 19.27-acre (RP) Residential Performance zoned subject properties (Back Creek district) remains unchanged. Following the required Imblic meetiuW a decision regardinu this rezoning. curnlicatinu bt7 the Boar( o Sudrervisors mould be al,)prolviate The JI)I)licant should be nr Umred to adeauateh address cr1! concerns raised by the Boars! of Supervisors. Rezoning 805-22 — Greystone Properties, LLC September 8, 2022 Page 2 This report is prepared by the Frederick Coilllty Planning Staff to provide information to the Planniil, Commission ion and the Board of S!lperyi,yors to assist their in making a decision oil this application! It maj, also be useful to other's interested in this zoning !natter. Unresolved issues concerning this application are noted by staff lUher'e relevant throughout this staff report. PROPOSAL: The proposed rezoning (proffer amendment) seeks to replace the current proffered text defining age -restricted language, approved with REZ #02-21 (Greystone Properties), to align with the federal guidelines governing age -restricted housing more accurately. LOCATION: The subject properties are north of Ceclar Creek Grade (Route 622), south and west of the City of Winchester. MAGISTERIAL DISTRICT: Back Crcck PROPERTY ID NUMBERS: 53-A-91 and 63-A-2A PROPERTY ZONING: RP (Residential Performance) District PRESENT USE: Vacant/Undeveloped ADJOINING PROPERTY ZONING & PRESENT USE: North: City of Winchester Use: City of Winchester South: RA (Rural Areas) Use: Residential RP (Residential Performance) East: City of Winchester West: RA REVIEW EVALUATIONS: PlanninIz & Zonin14: 1) Site History Use: City of Winchester Use: Vacant/Agricultural/Residential The original Frederick County zoning map (U.S.G.S. Winchester Quadrangle) identifies the subject parcels as being zoned R-2 (Residential Limited). The subject parcels were re -mapped from R-2 to A-2 (Agricultural General) pursuant to the County's comprehensive downzoning initiative (Zoning Amendment Petition #01 1-80), which was adopted oil October 8, 1980. The County's agricultural zoning districts were subsequently combined to form the RA (Rural Areas) District upon adoption of an aillenchnent to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re -mapping of the Rezoning 805-22 — Greystone Properties, LLC September 8, 2022 Page 3 subject property and all other A-i and A-2 zoned land to the RA District. On February 28, 2007, the Board of Supervisors approved Rezoning Application (REZ) #21-06 which rezoned the properties from the RA (Rural Areas) District to the R4 (Residential Planned Community) District with proffers; the application was revised in 2009 and 2012. On July 14, 2021, the Board of'Supervisors approved RI Z #02-21 which rezoned 1 I9.27-acres of land zoned R4 (Residential Planned Community) District with proffers to the RP (Residential Performance) District with proffers and 238.37-acres zoned R4 (Residential Planned Community) District with proffers to the RA (Rural Areas) District with proffers (downzoned). This resulted in a reduction of the total number of residential dwelling units permitted. 100% of the dwelling units were proffered to be age restricted. 2) Comprehensive Plan The Comprehensive Plan is the guide for the future growth of Frederick County. The Comprehensive Plan is an official public document that serves as the C0111111111lity'S guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. it is in essence a composition of policies used to plan for the future physical development of Frederick County. The Area Plums and Appendix I of the Comprehensive Plan are the primary Implementation tools and will be IllStrulllental to the future planning efforts of the County. Comprehensive Plan Land Us•e Compatibility The 2040 Comprehensive Plan and the Western Jubal Earle Land We Plan (WJELUP) provide guidance on the future development of the property. The property is located within the Sewer and Water Service Area (SWSA) and the Urban Development Area (UDA). The Plan identifies this property with residential and Commercial land use designations; the Plan calls for single family detached and small lot Units with a density of lour units per acre. The Current zoning of the property (RP) is consistent with the future long-range land use plan. The proposed rezoning (proffer amendment) does not alter the use or density of the site and as such is in conformance with the Comprehensive Plan. 3) Access & Transportation The proposed rezoning (proffer amendment) does not propose amendments to proffers pertaining to transportation and site access with the previously approved RLZ #02-21. The proposed amendment to modify the definition for "age -restricted" has no measurable impact to trip generation or traffic. 4) Proffer Statement The proposed amendment seeks to replace the current text defining age -restricted with the Rezoning 805-22 — Greystone Properties, LLC September S. 2022 Pal language more closely aligned with the federal guidelines governing age -restricted housing. No other provisions in the approved proffer statement are proposed to be amended, and the use and density enabled on the 1 19.27-acre (RP) Residential Performance zoned subject properties, approved with REZ #02-21, remains unchanged. Countv of Frederick Attorney: Please see allached email. i•om Roderick B. Williams, Corral), Allorne.y dalecl Jane 21, 2022. PLANNING COMMISSION SUMMARY AND ACTION FROM TI-Ir 09/07/22 MEETING: The Planning Commission received a presentation alld cIISCLISSCd the proposed proffer anicndnlent (rezoning) Oil September 7, 2022. There were no comments from the Planning Commission. The Planning Commission ScIlt the application forward to the Board or Supervisors with a recommenclatlon of approval. Following the required public meeting.a decision regarding this rezoning application by the Board o Supervisors would be aj)nropriate The ApIdic•ant should he nrenared to adeauately address all concerns raised by the Board of Supervisors. REZ # 05 - 22: Greystone Properties, LLC PINs: 53 - A - 91, 63 - A - 2A Minor Proffer Amendment Location Map - •' - :z .. a R t� z ♦ •�.. HANDE �E i t i : • -,fir. V•+ . `-r j �. A hJ 31 / t S':•' '' �tesv :t ._"' " REZ #OS-2 y Z Jr au - ' 1 Y. • E .� .Y ..- 2 V�w��� r r j' r •���� � •' Ytji` �O �{E t r L s y V. t lit j{ v wE! f r t � j..;��?� > �� f l ` + l �"4'.� �•� r ` � `fie Z� Q1S� vir- •"' t - -` SUMMERFIEID •) ! i . � M' j, -� `. ..' � • .,; � , IN r r .� i r .. •'�- w _.'V � Musa rrr� ��`� r i�• � '•�� •� - man REZ•#05 22 1"p - �k y HILIINgN DR +� .r t SEIDORDR I• J Q Vt.77t{t�`aW W;,, CEDAR CREEKGR CREEK GR -- CEDAR'CREEN GR, 1025 Nam. VET 1•tSl � �`R•DGE DR :�� i t30 DAR CEDAR_ 27 ... :. 8 Application Parcels OSewer and Water Service Area :: 2.000 Feet a p0 < 37 N @ 5 Frederick County Planning & Development 107 N Kent S1 Winchester. VA 22601 540 - 665 - 5651 Man Created August 15 2022 REZ # 05 - 22: Greystone Properties, LLC PINs: 53 - A - 91, 63 - A - 2A Minor Proffer Amendment Zoning Map ,- .. kV r : HANDLEY / f�"t' f ,. `r. `"�.:� V i j' . •� �' REZ #05-22 • '�'' ' �liG1G0 h�r.k I W O - fr4rR�� + SU MME RF IEID r.. + n x ♦ t, •. �� REZ #05 22 q r� trr ? rf 40 O Applications .Goa"M Parcels Sewer and Water Service Area R4 (Residential Planned Community District) RP (Residential Performance District) Cb e cp�q OR �1qr �3 FFH/VF ® , -I aT 4 O ,qbr N ..P 37 IF Winchester - r CEDAR CREEK OR tyNR� O`b cR cs p'O � a 37 �� .' �E Ap � �F i N W P. `i`•r S Fredenck County Planning & Development 107 N Kent S1 Winchester. VA 22601 540 - 665 - 5651 2,000 Feet Mao Created' August 15 2022 z a z 01.4 ET (AM REZ # 05 - 22: Greystone Properties, LLC PINs: 53 - A - 91, 63 - A - 2A Minor Proffer Amendment Long Range land Use Map 760 FRI AN LN e �v ORCHARD LN 1266 CEDAR CREEK GR 10" CEDAR CREEK GR REZ #05-22 MG W U qt, U W � = Q . n '^ SUMt'�af1ELD i� LN #05 22 - H < O Application Parcels a ' Sewer and Water Service Area Long Range Land Use Residential 0 Business Q Sensitive Natural Areas 2.000 Feet -'N9` 1i C/ !PA j SEI DOq Dq � 37' sW Winchester CEOAq CREEII Oq �e t 37 f � � NWEOR N W' F: S Frederick County Planning & Development 107 N Kent St Winchester. VA 22601 540 - 665 - 5651 Man Created: August 15. 2022 Greenway Engineering. Inc. July 29, 2022 Tax Parcels 53-A-9I A & 63-n-2n DATE: REZONING: PROPERTY: MAGISTERIAL DISTRICT: GREYSTONE PROPERTIES, LLC AGE -RESTRICTED REZONING AMENDED PROFFER STATEMENT July 29, 2022 RZ# Tax Parcels 53-A-91 and 63-A-2A (both parcels, collectively, the "Property") Back Creek Magisterial District (formerly Gainesboro Magisterial District) RECORD OWNER: Greystone Properties, LLC APPLICANT: Greystone Properties, LLC (the "Owner") PROJECT NAME: Greystone Properties, LLC Age -Restricted Rezoning ORIGINAL DATE OF PROFFERS: October 16, 2019, Revised March 25, 2021 The current Proffer set forth in Paragraph (A)(2) as set forth hereinafter is hereby deleted: 2. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer that 100% of the dwelling units will be rented or sold such that at least one resident in each unit is a person at least age 55 or older is hereby deleted (the "Deleted Proffer"). In place of the Deleted Proffer, the following Amended Proffer is hereby set forth: 2. The Owner hereby agrees that the Property shall be an age -restricted community which is defined as: "Age Restricted" (a) Shall mean all occupied residential units shall be occupied by at least one person fifty-five (55) years of age or older and all other residents must reside with a person who is fifty-five (55) years of age or older, and be a spouse, a cohabitant, an occupant's child of nineteen (19) years of age or older or provide primary physical or economic support to the person who is fifty-five (55) years of age or older. File #38000/CMM Cn-ccnway Engineering, Inc. July 29. 2022 Tax Parcels 53-A-91 A & 63-A-2A Notwithstanding this limitation (i) a person hired to provide live-in, long term, or terminal health care of a person who is fifty-five (55) years of age or older for compensation may also occupy a dwelling during any time such person is actually providing such care; and (ii) guests under the age of lifty-five (55) shall be permitted for periods of time not to exceed sixty (60) total clays in any calenclar year. (b) Iftitic to any lot shall become vested in any person under tifty-five (55) years of age by reason of descent, distribution, foreclosure or operation of law, the age restriction set forth in this Section 1 shall not work a forl'eiture or reversion of title, but rather such person thus taking title shall not be permitted to reside on such Lot until such person shall have attained fifty-five (55) years of age or otherwise satisfies the requirements as set forth herein. (c) Notwithstanding the foregoing limitations, a surviving spouse shall be allowed to continue to occupy a dwelling without regard to age. (d) The foregoing limitations shall apply to any tenant who resides in any dwelling offered for lease by the Owner thereof. Owner Signature on Following Page File Ii38000/CMM 2 Greenway Engineering. inc. July 29. 2022 Tax Parccls 53-n-9I n & 63-A-2n Owner Si,inature The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the 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: Greystone Properties, LLC Date Commonwealth of' Virginia, City/County of To Wit: The foregoing instrument was acknowledged before me this clay of 20 by Notary Public My Commission Expires File 113S000/CMM 3 From: Rod Williams To: Chris Mohn Cc: Wyatt Pearson; John Bishop; Tyler Klein Subject: RE: "[External]"RE: Greystone Proffer Amendment: Review/Comment Request Date: Tuesday, June 21, 2022 2:56:08 PM Attachments: imane001.nng Greystone Properties Age -Restricted Rezoning - Amended Proffer Statement (6-20-2022) rbw edits.docx Chris, I have now reviewed this and have only technical changes: a format change with respect to the placement of the "2" to reflect it being the second section of Proffer A; some capitalization changes re defined and other terms; and the addition of the use of a defined term (the "Property"). For simplicity, I have shown the changes in the attached. Subject to these changes, the proposed amended proffer statement is in legally acceptable form. You may consider this email in lieu of the completed comment form. Thank you. e Roderick B. Williams County Attorney Frederick County, Virginia 107 North Kent Street Winchester, Virginia 22601 540-722-8383 From: Chris Mohn <cmohn@greenwayeng.com> Sent: Tuesday, June 21, 2022 8:54 AM To: Ro _> Subject:'[External]'RE: Greystone Proffer Amendment: Review/Comment Request Hi Rod, In follow-up to my email from last week, attached is a Word version of the draft proffer statement for the Greystone amendment. I apologize for not including this version with my original submission to you. Please advise if any additional information is required for your review. Thanks! Chris Christopher Mohn, AICP I Vice President / Director of Planning Phone: 540.662.4185 1 Cell: 540.333.2392 1 Email: From: Chris Mohn Sent: Friday, June 17, 2022 2:11 PM To: Rod Williams <i s> Subject: Greystone Proffer Amendment: Review/Comment Request Importance: High Hi Rod, As you are aware, Greystone LLC is seeking to amend the approved proffers applicable to Tax Map Numbers 53-A-91 and 63-A-2A so that language governing age -restricted housing is more closely aligned with relevant HUD standards. To that end, we are assembling an application to administratively amend the proffers, and you have been rightfully identified as the lone review agency from whom comment/approval is required for formal submission. Please find attached a copy of the proposed amended language for your review and comment. Note that the proposed language was prepared by Mike Bryan on behalf of Greystone and has been vetted through the attorney of the contract purchaser, DR Horton. I have also provided a copy of the application form and a location map to help you get oriented. If you require any additional information to facilitate your review, please let me know and I will respond accordingly. Please don't hesitate to contact me with any questions or concerns. I look forward to receiving your feedback. Regards, Chris Christopher Mohn, AICP I Vice President / Director of Planning Winchester, VA I Ashburn, VA I Martinsburg, WV 151 Windy Hill Lane Winchester, VA 22602 Phone: 540.662.4185 Cell: 540.333.2392 Fax: 540.722.9528 Web: www GreenwayEng.com Email: < 4m 91 Disclaimer: This email may contain confidential and privileged material for the sole use of the intended recipient(s). Any review, use, distribution or disclosure by others is strictly prohibited. If you have received this communication in error, please notify the sender immediately by email and delete the message and any file attachments from your computer. Thank you. To be completed by Plaming Stnf/` Pcc Amount Paid Zoning Amendment Number Anticipated PC Hearing Date Date Received Anticipated BOS Hearing Date REZONING APPLICATION FREDERICK COUNTY, VA DEPARTMENT OF PLANNING & DEVELOPMENT 1. Property Owner(s) (please attach additional page(s) if more than two owners): Name: Greystone Properties, LLC Specific Contact Person if Other than Above: Richie Wilkins Address. 13 South Loudoun Street Winchester, VA 22601 Telephone: (540) 662-7215 Name: Specific Contact Person if Other than Above: Address: Telephone: Email: rwilkins@wilkinsco.com Email: 2. Other Applicant Party (such as a contract purchaser) (please attach additional page(s) if necessary): Name: N/A Specific Contact Person if Other than Above: Address: Telephone: Email: 3. Law firm, engineering firm, or other person, if any, serving as the primary contact person for this application: Firm Name: Greenway Engineering, Inc Specific Contact Person at Firm: Address Chris Mohn 151 Windy Hill Lane Winchester, VA 22602 Telephone: (540) 662-4185 Email: cmohn@greenwayeng.com Please note that, if a law firm, engineering firm, or other person, other than the owner of the property, will be acting on behalf of the owner and/or executing papers on behalf of the owner in connection with the rezoning, the owner will need to execute a power of attorney form granting the firm or person such authority. Page 12 4. Project Name (il' any): Greystone Properties, LLC Age -Restricted Community S. Property Information: a. Property Identification Number(s): 53-A-91, 63-A-2A b. Total acreage of the parccl(s): 119.27 +/- Acres c. Total acreage of parcel(s) to be rezoned (if other than whole parce](s) is being rezoned): 119.27 +/- Acres d. Current zoning designation(s) and acrcage(s) in each designation: RP District 119.27 +/- Acres e. Proposed zoning designation(s) and acreage(s) in each designation: RP District 119.27 +/- Acres f. Magisterial District(s): Gainesboro District g. Location - the property is located at (give street address(es) if assigned or otherwise exact location based on nearest road and distance from nearest intersection, using road names and route numbers): 964 Cedar Creek Grade h. Adjoining Properties: Parcel ID Number Use Zoning See Attached Adjoining Map & Owner Table Exhibits Please attach additional page(s) if necessary. Property identification numbers, magisterial districts, and deed book and page numbers/ instrument numbers may be obtained from the Office of the Commissioner of the Revenue, Real Estate Division, 107 North Kent Street, Winchester, VA 22601. Page 13 6. Disclosure of real parties in interest. Virginia Code j 15.2-2289 provides that localities may by ordinance require any applicant for a zoning amendment to make complete disclosure of tlic equitable ownership of the real estate to be affected including, in the case of corporate ownership, the name of stockholders, officers, and directors, and in any case the names and addresses of all real parties of interest. Frederick County has, by County Code 5 165-101.09, adopted such an ordinance. For each business entity that is an owner or contract purchaser of the property, please list the name and address of each person owning an interest in, or who is an officer or director of, any entity that is an owner or contract purchaser of the property (you need not indicate the amount or extent of the ownership interest). Please note that this requirement does not apply to a corporation whose stock is traded on a national or local stock exchange and having more than 500 shareholders. Greystone Properties, LLC: James T. Vickers & James R. Wilkins III Please attach additional page(s) if necessary. 7. Checklist. Please check that the following items have been included with this application: ✓D Location Map F71 Plat Depicting Metes/Bounds of Proposed Zoning ❑✓ Impact Analysis Statement 21 Proffer Statement (if any) Rl Agency Comments Fee ❑✓ Copies of Deed(s) to Property(ies) 2✓ Tax Payment Verification ❑✓ Digital copies (pdf's) of all submitted items Page 14 7. Signature(s): I (we), the undersigned, do hereby respectfully snake application and petition the Frederick County Board of Supervisors to amend the zoning ordinance to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we.) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Owner: Date d v 2-- If signing on behalf of an entity, please state name of entity and your title: Owner: Date If signing on behalf of an entity, please state name of entity and your title: Other Applicant Party (if any): Date If signing on behalf of an entity, please state name of entity and your title: If additional signature lines are necessary, such as if more than two persons are owners, please use additional copies of this page. GREYSTONE PROFFER AMENDMENT - ADJOINING PROPERTIES MAP ID OWNER NAME MAILING ADDRESS MAILING ADRESS 2 MAILING CITY MAILING I STATE 1 740 LLC PO BOX 87 WINCHESTER VA 2 WILLOW SPRINGS ESTATE LLC 1520 COMMERCE ST WINCHESTER VA 3 JOVA PROPERTIES LLC PO BOX 2658 WINCHESTER VA 4 LIVELY DIANE B ETALS 513 OLD FORT RD WINCHESTER VA 5 C & W PROPERTIES PO BOX 221 MILLWOOD VA 6 VILLAGE AT HARVEST RIDGE C/O COVENTRY GROUP COMMUNITY MGMT PO BOX 2580 WINCHESTER VA 7 MEDEIROS COZETTE 949 CEDAR CREEK GRADE WINCHESTER VA 8 KOK NURMAN 2307 STONERIDGE RD WINCHESTER VA 9 KUMAR CHOPRA V 7560 RIVER ROAD FLUSHING MI 10 SUMMERFIELD LLC 1573 COMMERCE ST WINCHESTER VA 11 BARTON BONNIE G 2125 STONELEIGH DR WINCHESTER VA 12 BYRD SHARON M GLASS PO BOX 206 BERRYVILLE VA 13 SPANGLER JOHN B 2119 STONELEIGH DRIVE WINCHESTER VA 14 DE MEDICI PROPERTIES LLC C/O NICOLA F DE MEDICI 503 HANDLEY AVE WINCHESTER VA 15 CRANSTON ANN CASEY 2111 STONELEIGH DR WINCHESTER VA 16 CROSON PATRICK 2107 STONELEIGH DRIVE WINCHESTER VA 17 DOLL JEFFERY L TRUSTEE 447 WOODFIELD LANE WINCHESTER VA 18 NAVARRO AYALA LUBIAN 2099 STONELEIGH DR WINCHESTER VA 19 DE MEDICI PROPERTIES LLC C/O NICOLA F DE MEDICI 503 HANDLEY AVE WINCHESTER VA 20 BROOKS RHONDA 2091 STONELEIGH DR WINCHESTER VA 21 HINKLE SUZANNE M 2087 STONELEIGH DR WINCHESTER VA 22 RYALL JONATHAN DAVID 222 AMHERST ST WINCHESTER VA 23 BASNILLO MARCO A V 2079 STONELEIGH DR WINCHESTER VA 24 HALL CHRISTOPHER E 2822 TUCKERS LN LINDEN VA 25 HALL RONALD 209 BAYSHORE DRIVE ELIZABETH CITY NC 26 SUMNER KRIS 906 WAYNE DR WINCHESTER VA 27 BAKER KIMBERLY 2063 STONELEIGH DR WINCHESTER VA 28 TATRO RAY DEAN 2059 STONELEIGH DR WINCHESTER VA 29 GERDAU BRYAN TRUSTEE 2055 STONELEIGH DR WINCHESTER VA 30 JAI LAXMI MAA LLC 723 KENNEDY DR WINCHESTER VA 31 WILSON MARGARET BRIDGET 2047 STONELEIGH DR WINCHESTER VA 32 JOUKAR JAFAR 1938 MELVOR LN WINCHESTER VA 33 CARDERO OLIVIA 2039 STONELEIGH DR WINCHESTER VA 34 SMITH STEPHANIE 2035 STONELEIGH DR WINCHESTER VA 35 MARIN VIOLETA PECHE 2031 STONELEIGH DRIVE WINCHESTER VA 36 PRUSCH ELIZABETH S 348 RITTER RD SEWICKLEY PA 37 WAC PROPERTIES LLC 21 S LOUDOUN ST WINCHESTER VA 38 MITCHELL RALPH C 155 HARVEST RIDGE DR WINCHESTER VA 39 FREEDMAN GARY 2015 STONELEIGH DRIVE WINCHESTER VA 40 WATKINS EARL H 7216 CHERRY LEAF WAY MECHANICSVILLE VA 41 AJIBIKE OPEOLUWA MIRIAM 1946 CIDERMILL LN WINCHESTER VA 42 BONNER LAURA TRUSTEE 1921 CLAYTON RIDGE DR WINCHESTER VA 43 KLUGE THOMAS 1917 CLAYTON RIDGE DR WINCHESTER VA 44 FASANO JEROME FASANO CHRISTINE 1913 CLAYTON RIDGE RD WINCHESTER VA 45 BARNES REX 1909 CLAYTON RIDGE DR WINCHESTER VA 46 BROWN ANN LOUISE 1905 CLAYTON RIDGE DR WINCHESTER VA 47 CAMPBELL KELLY 1901 CLAYTON RIDGE DR WINCHESTER VA 48 MARTIN DANIEL G 1000 STERLING DR WINCHESTER VA 49 BOSTICK DANIEL 1893 CLAYTON RIDGE DR WINCHESTER VA 50 SHAFRAN STEVEN P 1889 CLAYTON RIDGE DR WINCHESTER VA 51 JUSTICE KAREN E 1885 CLAYTON RIDGE DR WINCHESTER VA 52 PATEL DIXABEN 1881 CLAYTON RIDGE RD WINCHESTER VA 53 DINAPOLI CHRISTOPHER R 1877 CLAYTON RIDGE DR WINCHESTER VA 54 HAECKER PAUL B 1869 CLAYTON RIDGE DR WINCHESTER VA 55 HAECKER PAUL B 1869 CLAYTON RIDGE DR WINCHESTER VA 56 CITY OF WINCHESTER 15 N CAMERON ST RISK MANAGER STE 106 WINCHESTER VA 57 CITY OF WINCHESTER 15 N CAMERON ST RISK MANAGER STE 106 WINCHESTER VA i 9 a p p p 45 4l p t 'P 39 CZ 33 12 � \ a 10 �V w v 22 1 2 13 � y ycy 12 <C oRR� „Juv�W ti /� �" Special Limited Power of Attorney o County of Frederick, Virginia Frederick Planning Website: www.fcva.us I]1. Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents That: Greystone Properties, LLC Name of Property Owner/Applicant Please note: If the property owner/applicant is an entity, the name of the entity should appear above. If multiple persons own the property or are applicants, an executed power of attorney from each owner will be needed. 13 South Loudoun Street Winchester, VA 22601 (540) 662-7215 Mailing Address of Property Owner/Applicant Telephone Number as owner of, or applicant with respect to, the tract(s) or parcel(s) of land in Frederick County, Virginia, identified by following property identification numbers: 53-A-91 & 63-A-2A do hereby make, constitute, and appoint: Greenway Engineering, Inc. Name of Attorney -In -Fact 151 Windy Hill Lane Winchester, VA 22602 (540) 662-4185 Mailing Address of Attorney -In -Fact Telephone Number to act as my true and lawful attorney -in -fact for and in my name, place, and stead, with the same full power and authority I would have if acting personally, to file and act on my behalf with respect to application with Frederick County, Virginia for the follow in , for the above identified property: ✓,1 Rezoning Subdivision Conditional Use Permit Site Plan H Master Development Plan (prelim. or final) Variance or Zoning Appeal and, further, my attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This appointment shall expire one year from the day that it is signed, or at such sooner time as I otherwise re*on modif it. Signature Title (if s' If an e tity) ce 2�E St e of �tJI a , County/City of , n 1Skk , To wit: 1 , a Notary Public in and for the jurisdiction aforesaid, certify that t person who signed the foregoing instrument personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this _ day of , 20g. My Commission Expires: �7��36 allay otar ZA MCFARLAND ORNDORFF Registration Number: °%9� -►` /�% 140TARV PUBLIC REG. #7901519 COMMONWEALTH OF VIRGINIA I rcdcrick Comity R1-gillm I Pay/Lookup Taxes Ia ,�I i .i,�t� i' �.� y i'.,if uir� Vi�,LiUn;i �II�,•i I'.i ��ri ri . ;hnl,�,it��i�,nt�(11 Pin Optlow, Inquiry of Real Estate Mal) Number: 53 A 91 View Mall Name: GREYSTONE PROPERTIES LLC — -- — - ----- _ _ -- - -- - --- --- - --------- - --- ----- .. -- \ccuuni' D'pl.. Iid, I tnlnini, "inn i( li�l. RcIu��1 Anmmnt lNe ViewBill Vickv Back ol'Bill 8014327 RE2021 15422 1 6/7/2021 2021 REAL FSTNI'I: 50.00 ViewHill View Rack of Bill 8014327 RI.2021 15422 2 12/6/2021 2021 REAL 1?STA"I'1•; So.00 ViewBill View Back of Bill 8014327 R1:2022 15654 1 6/6/2022 2022 RHAL FSTA'I'1: $0.00 00 Show Current Charges Due O Show All Charges Total Due: $0.00 IReturn to Search I FC( icl-1 l� Comity I 1 rili i„I 110111r Pay/Lookup MrIxes P,: , P if[ m(l VI''I'll1w. I P I 'm( "ul(0) Pin Oplio ll" Inquiry of Real Estate Map Number: 63 A 2A View Mall Name: GREYSTONE PROPERTIES LLC count--� I)cpl li,L,l:: I,vil: Dui• D,ilc DLI.lill(I III I'll 111.0inll I( lidl Itihl") \innuul Duc ViewBill View Back of Bill 8019974 RE2021 15423 1 6/7/2021 2021 REAL I?S'I'n'I'I: 50.00 ViewBill View Back MINI. 8019974 RI.2021 I 15423 2 12/6/2021 2021 REAL FSTNIT MOO ViewBill View Back of Bill 8019974 RI.2022 1 15655 1 6/6/2022 2022 1WAL I?STNI'I? SO.00 OO Show Current Charges Due O Show All Charges Total Due: $0.00 Return to Search CD tv c� 030024683 THIS DEED is made this 17th day of October 2003, by and between PEMBROKE COVE PROPERTIES, L.L.C., a Virginia limited liability company, and Kenneth F. MARSHALL, Grantors, and GREYSTONE PROPERTIES, LLC, a Virginia limited liability company, Grantee. wITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00) cash in hand paid by the o Grantee to the Grantors, and other good and valuable consideration, the receipt whereof is hereby acknowledged at and before the sealing and delivery of this deed, Grantors do hereby grant and a convey with Special Warranty, subject to casements, restrictions and reservations of record, unto Greystone Properties, LLC, a Virginia limited liability company, all that certain parcel of land containing 112.1850 acres, more or less, and that certain parcel of land containing 7.082 acres, (n more or less, both situate in Frederick County, Virginia, together with the improvements thereon, Mand all rights, privileges, appurtenances, casements and rights of way thereunto belonging or in anywise appertaining, more particularly described as follows: Tract One: 112.185 Acre Parcel All that certain lot, piece or parcel of land, with all improvements thereon, lying and situated in Frederick County, Virginia, consisting of approximately 112.185 acres (more or less) and is more particularly described in that survey prepared by Marsh & Legge Land Surveyors, P.L.C. dated August 10, 1995, with such survey being attached to the Deed of Confirmation/Correction dated August 26, 1997, recorded in the Clerk's Office of the Circuit Court of Frederick County in Deed Book 886, page 445. Being the same property acquired by Pembroke Cove Properties, L,L.C., a one-half interest, by Deed dated February 17, 1995, of record in the aforesaid Clerk's Office in Deed Book 834, page 1176, and by Deed of Confirmation/Correction from Clyde Lee Marshall, which deed is dated August 26, 1997 and recorded in the aforesaid Clerk's Office in Deed Book 886, page 445; and the, remaining one-half interest, by Deed from Kenneth F, Marshall, as Trustee under the Francis J. Marshall, Jr. Residual Trust U/W, dated February 17, 1995, and recorded in the aforesaid Clerk's Office in Deed Book 834, page 1178, and by Deed of Confirmation/Correction from Kenneth F. Marshall, As Trustee Under the Francis J. Marshall, Jr. Residual 7hG doct-enl wnr prepared by Keeler Obenrboln PC P.O. Box 1187, Harrhonburg, Ylrglnlu 11803 c7 N q Trust U/W, dated August 26, 1997, recorded in the aforesaid Clerk's Office in Deed Book 886, page 449. Tract Two: 7.082 Acre Parcel All of that certain lot or parcel of land, containing 7.082 acres, more or less, lying and being situate hi Back Creek Magisterial District, Frederick County, Virginia, located on the North side of Route 622 also }mown as Cedar Creek Grade for a length of approximately 402', having approximately 724' on its Eastern boundary, having approximately 295' on its Northern boundary and having approximately 1005' on its Western boundary and containing 7.082 acres, as per plat and survey of Lce A. Ebert, C.L.S., dated November 2, 1981, recorded in the aforesaid Clerk's Office at Deed Book 543, page 247. Being the same property acquired by Kenncth F. Marshall by Deed from Kenneth F. Marshall and Mary L. Marshall, his wife, which deed is dated September 11, 1997 and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 887, page 893. This conveyance is expressly subject to casements, conditions, restrictions and reservations contained in duly recorded deeds, plats and other instruments constituting constructive notice in the chain of title to the property hereby conveyed, which have not expired by limitation of time contained therein or otherwise become ineffective. WITNESS the following signature and seal. enncth F. Marshall IN WITNESS WHEREOF, PEMBROKE COVE PROPERTIES, L.L.C. has caused this deed to be executed in its name and on its behalf by the undersigned on due authority. PEMBRO) � COVE PROP!' _S, L.L.C. By: I (SEAL) Name• c � .� �/ Title:_ O N STATE OF VIRGD\ A c" The fore 'n instrument was acknowledged before me in the jurisdiction aforesaid this ,day of , 2003, by Kenneth F. Marshall as a member/manager of Pembroke Cove Properties, L.L.C., on its behalf. — My commission expires: zD, ,20D5 (SEAL) y ary u tc y0�^ .. \4 +noun`+`"'`• STATE OF VIRGINIA CITY/GGUW*OFt���)) to -wit: The fo go'n instrument was acknowledged before me in the jurisdiction aforesaid this 2003, by Kenneth F. Marshall. ,?��ay of , My commission expires: O (SEAL) o a u tc Grantee's Address: 13 Soudt Loudoun Street x oC,, Winchester, Virginia 22601 osj22919 Vjp,(jI `IIA.. FREDFRIC COU COUNTY, SC to on -[his instrument of Win$ �.3�, aproduced �r and with ccrtifialtc o[ acknowlcd� c b tSaa 58,1 802 of y was admitted to record. T imp S3, 00 , and 58.1-301 havo been Pald, if asses°' Auto,Clerk 1'3►q U ej �A a� J u ni N o SNej v ): C) k j °o �0 0 a. u NU g o 0 u H 00 00 "i -i 00 00 .-1 GK886PGOL145 THIS DEED OF CONFIRMATIONICORRECTION, made this 9 67 day of August, 1997, by and between CLYDE LEE MARSHALL (the "Grantor"); and PEMBROK13 COVE PROPERTIES, L.L.C. (the "Grantee"); WITNESSETI•I: This Deed of Confirmation/Correction is bring filed to more particularly describe the property which was conveyed by Ute Grantor by deed dated February 17, 1995 and recorded in the Clerk's Office, Circuit Court, Frederick County, Virginia, in Deed Book 834 at page 1176. In that prior deed, the property was described by a reference to die land surrounded by various parcels. Since that time, a survey has been prepared and the property conveyed is now more particularly described as follows ((he "Property"): All that certain lot, piece or parcel of land, will all improvements thereon, lying and situated in Frederick County, Virginia, consisting of approximately 112.185 ncres (more or less) and is more particularly described in U)at survey prepared by Marsh & Legge Land Surveyors, P.L.C. dated August 10, 1995, with such survey being attached hereto an incorporated herein by Us reference. Furthermore, Utis deed shall also serve to correct lice "BEING" clause in the deed referred to above which originally conveyed this property to the Grantee. In that prior deed, the BEING clause read as follows: BEING the same real estate conveyed to Francis J. Marshall and Ann M. Marshall, as tenants in common, by deed from Francis J. Marshall, Jr. and Clyde Lee Marshall dated April 15, 1948, recorded, April 21, 1948, in the Clerk's Office, Circuit Court, Frederick County, Virginia, in Deed Book 205 at page 88. However, that BEING clause is erroneous because it reversed the names of the first two families. The BEING clause should read as follows: BEING the same real estate conveyed to Francis J. Marshall, Jr. and Clyde Lee Marshall, as tenants in common, by deed from Francis J. Marshall and Ann M. Marshall, dated April 15, 1948, recorded, April 21, 1948, in the Clerk's Office, Circuit Court, Frederick County, Virginia, in Deed Book 205 at page 88. Francis J. Marshall, Jr. died, (estate, on January 5, 1995. exemption Provision. This is a deed of confirmation/correction and which is exempt from recording tax pursuant to Virginia Code Section 58.1-810(I) and 58.1- 810(2). This conveyance is made subject to recorded conditions, restrictions and ensetnents as the same may lawfully affect the property hereby conveyed. WITNESS the following signature and seal: immiW(SEAL) de Lee Marshall BI(88GPGGLI116 'ot' 'COMMONWEALTH OF VIRGINIA ) • :�.ay••'' r.c�';•: t�.�•,, • ) to-�vit: OF Cr ITI-OUNTY C'• yi L'�;.' 1he foregm g instrument was personally acknowledged before me in the of��� 3(! 4 Virginia, thisfL'`Gday of August, 1997, by Clyde Lce• arshall. My commission expires: gT cQIka)55�OH t7t1�lES 1?JStCN ?l, GRANTEE'S MAILING ADDRESS: Pembroke Cove Properties, L.L.C. c/o Kenneth F. Marshall, Member 219 Moreland Lane Clearbrook, Virginia 22624 LINE MtWC Itn�rhrs(cr dr t7cslcrn R n i f r❑ a d 81(885PG0447~ �` ~' l6Z '! Ex. U/G Cos O � Wooden 7 ` n o Shed N p o0 a , Buroldingir > y Q � ry 00.11^ aq� h ISOadna� Shed OShed c --�� 19/.63' o �` Wooden Shed 761r" On SPower Shed° 45.94" 4 (4picof) O Rel.: 08 270 - p ?Sy ti! 112.1550 Acres TM 53 Pc{ 91 1 1 4Setstone � =J2? Gar, Trpi �jf Posi a S d r0 P,,,, SSUc!°1es o 6 j P°ge' �. ry ZB? 1 UN£ Dh7£01ON DISTANCE 11 S 1455<8 IV 1 12 S 14341J IV 2 Li S 143112 iV 14 S 0T41 /2 {V 15 N 10'4409 F L6 5 64785f" £ B M, mL i 'O IRF Iron Rod Found 4i1 r IRS Iran Rod Sal 0 a Ex. Utility Pala 1L —�- E■, Overhead Power Line � —4— Es. Gw Lino NSiTEa fJ 777.6'26� IV tlpga3o9h 1. Na lino rapori furnished. 2. Easements Per t2ulh 0• other than shown may exist. / 00A Gat p41 2l) 3. The Informatlon shown on {his plat is based upon on octvcl field survey made on February 8 Icar ry�j � iJF' P Boundary Survey of the LFlrznQhs J. MenhgDl. 4F. i Dee4'JBdbX 1i) jFa A Creek �v igiL4� IL 2 Ar "A C,. rV 75 34'12 e� A 2m - Pert 1 `gyp l Iren�ern f ya� 11 ru 6J nd l fl$'hYuuruvu ❑ CERTWICATE No. ti ' GATE: AUGIA T 1 ,1 AgUZ Scale: I"=4'01)' -" '1oh0 DISK 19 �,� AMH & LEGGE r I nt�n d}! _ d Surveyors; P.I. scour Glss a (Hn p:1. r.IGn1Gr. a 1T0ahl •1 al l.r 701OJ 111 ♦i .rl Srnlll r n u.(�.I illn Y11 Gihia Ma, tt j/a9 t ROSEMARY B. EADIE, ET VIR TO: .. .. DEED KENNETH F. MARSHALL, ET UX kk*kkkkickkki:k***�;kkkkkkk*�:*irk kkirk** 543 245 THIS DEED, made and dated this day of ✓��� �3�� , 1981, by and between ROSEMARY B. EADIE and JOHN H. EADIE, her husband, hereinafter called the Grantors, and KENNETH F.*14ARSUALL and MARX L. MARSHALL, his wife, herein- after called the Grantees. WITNESSETH: That for and in consideration of the sum f oTen Dollars ($10.00 • ), cash in hand paid and other valuable li consideration, receipt whereof is hereby acknowledged, the ;i Grantors do grant and convey, with General Warranty and with d English Covenants of Title, unto the Grantees, as tenants by 'I the entirefy in fee simple, with survivorship as at common law, li together with all rights, rights of way, privileges, improve- ments thereon, and appurtenances thereto belonging, all the following realty; All of that certain lot or parcel of land lying and being situate in Back Creek Magisterial District, Frederick County, Virginia, located on the Northside of Route 622 also known as Cedar Creek Grade fronting on Cedar Creek Grade for a length of approximately 4021, having approximately 7241 on its Eastern boundary, having approximately 295' on its Northern boundary and having approxi- mately 1005, on its western boundary and containing 7.082 acres, as per plat and survey of Lee A. Ebert, C.L.S., dated November 2, 1981, which is attached hereto and made a part hereof as if set out in full. This is a portion of the same property conveyed to Carroll E. Campbell and Rosemary B. Campbell, who is one and the same as Rosemary B. Eadie, jointly with right of survivorship, from Lanier Gray, et ux, by deed dated June 4, 1957, of record in the office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 247, at Page 159. Carroll E. Campbell died intestate on October 18, 1958, survived by Rosemary B. Campbell as set forth in the list of heirs of record in the said Clerk's Office in Will Book 63, Page 63. Reference is here made to the aforesaid plat and survey, deed, and the references contained therein for a further and more particular description of the property conveyed herein. 1 ,nv 543 248 The Accompanying plat is a Survey of a Portion of the Land conveyed to c arroft E.' Campbell and Rosemary B. Campbell by Deed dated 40une 1957 in Deed Dook 247 11age 159. The said Und fronts the Northern Boundary Line (Arc Line) of the Cedar Creek Grade - Virginia Route 622, just'. West of the city of Winchester, and lies in Back Creek District, Frederick County, virginiai Beginning at an iron pin in the ^:orthern Boundary Line (Arc Line) of Route•622, a corner to the Roadway leading to the i,mrshall Farm, the said Pin being S 370 31' 00" tj - 35.99 ft. from monument no. 92 -- City. Limits of the City of Winchester, running with the Western Line of the said Roadway, the said Line being parallel to and 20.0 ft. west of the City Limits Line, Id 030 16' 05"'E - 727.00 £t, to an iron pin' corner to the ?tar:,hall 7a1)d1 thence with a Southern Line of the said Land IN750 36- 27" 291.40 ft. to a post corrx.r to "the Petai.ned Portion; thence with the Eastern line of the said Other Land S 130 05, 14" W - 1,037 92 ft. to an iron pin at the P.C. in the Northers tern Boundary Line of Route G22.1 thence with the said Linn, with the Arc Line 518.30 ft. (Chord 1: G50 35' 17" 1i - 515.GO ft. to the beginning. Containing - - 7.002 Acres Surveyed - - - `.,ovembor 2, 1981 o���r 1,T1i O f.`f �L V aitlIMATC ln. •b /,RG[NLA FR1ME11CK COU='•1TY, SC!. This instrument of riling vas ,produced to me on the f�7 -day of X 19 —, at ind wilh cerlificato of acknowl>dgntont thereto anae.cad w s idmitted to record. 'i'ax nn p:,aed of S,- jd-.,4. 1 of 6 p and 5 3.54 have been paid, ii atse_odblo. i I ' Clerk nrry 543 [Au_ . 247 FRANCIS J. MARSHALL. JR CLYDE LEE MARSHALL APPROVED: D.B. 205—P BB WINCH ESTER-FREDERICK OD HEALTH DEPT. FREDERICK CO. DEPT. OF PLANNING �f $f sf C:E'r TQ tt+i ::f v; ms, .. iNltt t- r:f,.rrrrt�ti :.A\+i); •r•:� °t.rrr5. Ahr' rIL:) tt(AFl,ra+E (,T) wjMV�R Voc"NtA LTI1 UJtfti-rAtt 'jX Y ft. 0 ilt- j N7s•36�27• PoLc NON qM- 29!• 40, D -o 0 a ' � g N 0 S O u O 7.082 ACRES I a I ! r i O v N N I m Q N la! I O (o W V � Q i a O u z Q oI J N tY = Q a o 00 p ui I d OW X F- to a Q 0 W C1 t- J W Om' u , • Ot t 4 �. 0-C. 1po r ro �1 r i ORDINANCE Action: PLANNING COMMISSION: Scptcmbcr 7, 2022 Recommended Approval BOARD OF SUPERVISORS: September 14, 2022 Pending ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #0.5-22 GREYSTONE PROPERTIES WHEREAS, REZONING #05-22 Greystone Properties submitted to revise the proffers associated with Rezoning # 02-21 Grcystonc Properties. This proffer amendment seeks to replace the current proffered text defining age -restricted language, to align with the federal guidelines governing age -restricted housing more closely. The subject properties are located north of Ccdar Creek Grade (Route 622), south and west of the City of' Winchester, and are identified by Property Identification Numbers 53-A-91 and 63-A-2A in the Back Creek Magisterial District; and WHEREAS, the Frederick County Planning Commission held a public meeting on this Rezoning on September 7, 2022 and recommended approval; and WHEREAS, the Frederick County Board of' Supervisors held a public meeting on this Rezoning during their regular meeting on September 14, 2022; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this Rezoning to be in the best interest ofthe public health, safety, and welfare. NONY, 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 revise the proffers associated with Rezoning 1102-21 Grcystonc Properties seeks to replace the current proffered text defining age -restricted language, to align with the federal guidelines governing age -restricted housing more closely with amended proffer statement bearing signature date July 29, 2022. The conditions voluntarily proffered in writing by the Applicant and the Property Owner arc attached. This ordinance shall be in effect on the date of adoption. Passed this 14°i clay of September 2022 by the following recorded vote: Charles S. DeHaven, Jr., Chairman J. Douglas McCarthy Josh E. Ludwig Blaine P. Dunn Shawn L. Graber Robert W. Wells Judith McCann -Slaughter A COPY ATTEST Michael L. Bollhocf'cr Frederick County Administrator PDRes.#32-22 REZONING APPLICATION #05-22 GREYSTONE PROPERTIES LLC Staff Report for the Planning Commission Prepared: August 18, 2022 Staff Contacts: M. Tyler Klein, AICP, Senior Planner Reviewed Action Planning Commission: 09/07/2022 Pending Board of Supervisors: 09/14/2022 Pending EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 09/07/22 PLANNING COMMISSION MEETING: This is a proposal to amend the proffer statement approved with REZ #02-21 (Greystone Properties, LLC Age -Restricted). The proposed amendment seeks to replace the current text defining age -restricted with the language to align with the federal guidelines governing agc-restricted housing more closely. No other provisions in the approved proffer statement are proposed to be amended, and the use and density enabled on the 119.27-acre (RP) Residential Performance zoned subject properties (Back Creek District) remains unchanged. This rezoning application does not require a public hearing, Following a presentation, a recommendation 1'CgC11 din( , this rezoning application to the Board of Supervisors would be appropriate The Applicant should he prepared t0 adequately, address all concerns raised h), the Planning Commission. Rezoning 905-22 — Greystone Properties, LLC August 18. 2022 Page 2 This report iS pl'ep(ii'ed by the Frederick Count), Phiuuing Stuff to provide informytion to the PIlinnim Commission and the Boor l Of Superyiyors to assist them iil ntakinA, Ji dedyion Oil tllis (ipphcation It my), (tho he useful to others interested in thi.S zoning mytter. Unresolved issues concernin., this upphC(ition are noted b), stuff Where relewint throughout thL4 stuff report. PROPOSAL: The proposed rezoning (proffer amendment) seeks to replace the current proffered text defining age -restricted language, approved with REZ 1/02-21 (Greystone Properties), to align with the federal guidelines governing age -restricted housing more closely. LOCATION: The subject properties arc north of Cedar Creek Grade (Route 622), south and west of the City of Winchester. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBERS: 53-A-91 and 63-A-2A PROPERTY ZONING: RP (Residential Performance) District PRESENT USE: Vacant/Undeveloped ADJOINING PROPERTY ZONING & PRESENT USE: North: City of Winchester Use: City of winchcster South: RA (Rural Areas) Use: Residential RP (Residential Performance) East: City of Winchester Use: City of Winchester West: RA (Rural Areas) Use: Vacant/Agricultural/Residential Rezoning #05-22 — Greystone Properties, LLC August 18. 2022 Page 3 REVIEW EVALUATIONS: Planning & Zoning: I) Site History The original Frederick County zoning map (U.S.G.S. Winchester Quadrangle) identifies the subject parcels as being zoned R-2 (Residential Limited). The subject parcels were re -mapped from R-2 to A-2 (Agricultural General) pursuant to the County's comprehensive downzoning initiative (Zoning Amendment Petition #01 1 -90), which was adopted on October 8, 1980. The County's agricultural zoning districts were subsequently 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 property and all other A-1 and A-2 zoned land to the RA District. On February 28, 2007, the Board of Supervisors approved Rezoning Application (REZ) #21-06 which rezoned the properties from the RA (Rural Areas) District to the R4 (Residential Planned Community) District with proffers; the application was revised in 2009 and 2012. On July 14, 2021, the Board of Supervisors approved REZ #02-21 which rezoned 119.27-acres of land zoned R4 (Residential Planned Community) District with proffers to the RP (Residential Performance) District with proffers and 238.37-acres zoned R4 (Residential Planned Community) District with proffers to the RA (Rural Areas) District with proffers (downzoned). This resulted in a reduction of the total number of residential dwelling units permitted. 100% of the dwelling units were proffered to be age restricted. 2) Comprehensive Plan The Comprehensive Plan is the guide for the future growth of Frederick County. The Comprehensive Plan is an official public document that serves as the community's guide for malting decisions regarding development, preservation, public facilities and other key componcrIts of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. The Area Pla»s and Appendix I of the Comprehensive Plan are the primary implementation tools and will be instrumental to the future planning efforts of the County. Comm-ehen,vive Plan Land U,ve Compalibilih, The 2040 Comprehensive Plan and the H,eslern Jub(i) Em-• ), Lard U.ve Plat (1,VJEL UP) provide guidance on the future development of the property. The property is located within the Sewer and \Fluter Service Area (SWSA) and the Urban Development Area (UDA). The Plan identifies this property with residential and commercial land use designations; the Plan calls for single family detached and small lot units with a density of four units per acre. The current zoning of the property (RP) is consistent with the future long-range land use plan. Rezoning 405-22 — Greystone Properties, LLC August 18, 2022 Page 4 The proposed rezoning (proffer amendment) does not alter the use or density of the site and as such is in conformance with the Comprehensive Plan. 3) Access & Transportation The proposed rezoning (proffer amendment) does not propose amendments to proffers pertaining to transportation and site access with the previously approved REZ #02-21. The proposed amendment to modify the definition 161-"age-restricte(I" has no measurable impact to trip generation or traffic. 4) Potential Impacts Proffers The proposed amendment seeks to replace the CLII-I-CI]t text defining agc-restricted with the language more closely aligned with the federal guidelines governing age -restricted housing. No other provisions in the approved proffer statement are proposed to be amended, and the use and density enabled on the i 19.27-acre (RP) Residential Performance zoned subject properties, approved with REZ #02-21, remains unchanged. County of Frederick Attorney: Please sec attached email,/morn Roderick R. Williams, County Attonney dated Jame 21, 2022. This rezoning application does Not require a pith%ic hearing. FolloN'inZ a presentation, a recommendation regarding this rezoning llpplication to the Board of Supervisors would be appropriate The Applicant should be prepared to adequately alidress all concerns raised by the Planning Commission. REZ # 05 - 22: Greystone Properties, LLC PINs: 53 - A - 91, 63 - A - 2A Minor Proffer Amendment Location Map Zi 'tip /1yE O � r � � � �E11 •P� � m REI # S • �.♦ r�' l �• Z �W rh( \ cc f t •• 1,S _ v' A. A!'!' Q�► Ufa (iZ an n�'�.`1•� ,`� "�"� �F. , ,��-* jrCC � ' � •�_ � Z C/�F '�Jy n� It w . •�1 T t Of SUMN`ERFIELD r. •'rc r �+r.. its: REI•#OS 22 H' 4J ,yam C • �, � .yam � N'DR �► ", ' Pt: 4 41 rr ~ o t 'r , -V 37 ° 11 CEO v ► , Q • A* CREEk GR 8 •y �' � 111 O 37 b W EpR 8 ; neon N Parcels \ µ' E Sewer and Water Service Area \ ! S Frederick County Planning & Development < t 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 0 _O N) 2,000 Feet Man Created' AUOUSt 15. 2022 REZ # 05 - 22: Greystone Properties, LLC PINs: 53 - A - 91, 63 - A - 2A Minor Proffer Amendment Zoning Map szi7 • _ 2 ' + c JJ , w , EA. 1111�� + REZ #05 22 ��- • � 3 ��? zc '"a • 10 O � '` ' ti moo: A �►�`A pR �,� $: {3 EFH�V REZ #OS 22A I IHIL(IMgN pg f� cos°;a .�. /i., ♦ r' Q 3; SELDDi, DR 4. 4.1 _ Oar N' . � d�♦�a z" Q .1" N r_"�� 37, f �pEE� i a" Winchester `- fip r CEDAREEK DR �• „�pENr� srtdlt�`t, QO`� 77 W' �' ��EDR O Application I Parcels Sewer and Water Service Area R4 (Residential Planned Community District) RP (Residential Performance District) 1.ON I N H�t Frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 7.000 Feet Man Created: Auaust I.S. 2022 REZ # 05 - 22: Greystone Properties, LLC PINs: 53 - A - 91, 63 - A - 2A Minor Proffer Amendment Long Range Land Use Map 760 227 ORCNARDLN 01i Q x U W O 113 W REZ #05-22 MLW r � J �3 � e a°� �EIlF1ElD REZ #05.22 RIDGE D' 1027 1107 CEDAR'a ED'AR CREEK GRa Application �►C/REEK GR � 13� - EK G11"r RVEST I025 _ ,DR CEDAR _�-127 Sewer and Water Service Area / u. Residential 0 Business Q Sensitive Natural Areas u 54n 1 oai 2.000 Feet set DDN Da e` �► 37 oP a 11 �t 41, a'" Winchester 0 37 DO* S Frederick County Planning & Development 107 N Kent St Winchester. VA 22601 540 - 665 - 5651 Mao Created August 15. 2022 Circenway Engineering, Inc. July 29. 2022 Tax Parcels 53-n-9IA & 63-A-2n DATE: REZONING: PROPERTY: MAGISTERIAL DISTRICT: GREYSTONE PROPERTIES, LLC AGE -RESTRICTED REZONING AMENDED PROFFER STATEMENT July 29, 2022 RZ# Tax Parcels 53-A-91 and 63-A-2A (both parcels, collectively, the "Property") Back Crcek Magisterial District (formerly Gainesboro Magisterial District) RECORD OWNER: Greystonc Properties, LLC APPLICANT: Greystonc Properties, LLC (the "Owner") PROJECT NAME: Greystone Properties, LLC Age -Restricted Rezoning ORIGINAL DATE Oh PROFFERS: October 16, 2019, Revised March 25, 2021 The current Proffer set forth in Paragraph (A)(2) as set forth hereinafter is hereby deleted: 2. The Owners of the 1 19.27± acres proposed for RP, Residential Performance District zoning proffer that 100% of the dwelling units will be rented or sold such that at least one resident in each unit is a person at least age 55 or older is hereby deleted (the "Deleted Proffer"). In place of the Deleted Proffer, the following Amended Proffer is hereby set forth: 2. The Owner hereby agrees that the Property shall be an age -restricted community which is defined as: "Age Restricted" (a) Shall mean all occupied residential units shall be occupied by at least one person fifty-five (55) years of age or older and all other residents must reside with a person who is fifty-five (55) years of age or older, and be a spouse, a cohabitant, an occupant's child of nineteen (19) years of age or older or provide primary physical or economic support to the person who is fifty-five (55) years of age or older. File 1138000/CMM Grecnwav L•nginecrin". Inc. July 29, 2022 Tax Parcels 53-A-91 A & 63-A-2A Notwithstanding this limitation (i) a person hired to provide live-in, long term, or terminal health care of' a person who is fifty-five (55) years of age or older for compensation may also occupy a dwelling during any time such person is actually providing such care; and (ii) guests under the age ol' lifty-five (55) shall be permitted for periods of time not to exceed sixty (60) total clays in any calendar year. (b) If title to any lot shall become vested in any person under fifty-five (55) years of age by reason of'descent, distribution, foreclosure or operation of'law, the age restriction set forth in this Section I shall not work a forl'citure or reversion of'title, but rather such person thus taking title shall not be permitted to reside on such Lot until such person shall have attained fifty-five (55) years ol'age or otherwise satisfies the requirements as set forth herein. (c) Notwithstanding the foregoing limitations, a surviving spouse shall be allowed to continue to occupy a dwelling without regard to age. (d) The foregoing limitations shall apply to any tenant who resides in any dwelling offered for lease by the Owner thereof. Owner Signature on Following Page File 113S000/CMM 2 0recmaay Lngineering, Inc. .luly 29, 2022 Tax Parcels 53-A-9I A & 63-A-2A Owner Silmiature The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the 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: Greystone Properties, LLC Commonwealth of Virginia, City/County of Date To Wit: The foregoing instrument was acknowledged before me this day of 20 by Notary Public My Commission Expires Pile 43S000/CMM To be completed by Planning Sla f Fee Amount Paid $ Zoning Amendment Number Anticipated PC Hearing Date Date Received Anticipated BOS Hearing Date REZONING APPLICATION FREDERICK COUNTY, VA DEPARTMENT OF PLANNING & DEVELOPMENT 1. Property Owner(s) (please attach additional page(s) if more than two owners): Name: Greystone Properties, LLC Specific Contact Person if Other than Above: Richie Wilkins Address: 13 South Loudoun Street Winchester, VA 22601 Telephone: (540) 662-7215 Email: rwilkins@wilkinsco.com Name: Specific Contact Person if Other than Above: Address: Telephone: Email: 2. Other Applicant Party (such as a contract purchaser) (please attach additional page(s) if necessary): Name: N/A Specific Contact Person if Other than Above: Address: Telephone: Email: 3. Law firm, engineel'ing firni, or othel' person, it any, serving as the pi-imai-y contact person foi- this application: Firm Name Greenway Engineering, Inc Specific Contact Person at Firm: Chris Mohn Address: 151 Windy Hill Lane Winchester, VA 22602 Telephone: (540) 662-4185 Email: cmohn@greenwayeng.com Please note that, if a law firm, engineering firm, or other person, other than the owner of the property, will be acting on behalf of the owner and/or executing papers on behalf of the owner in connection with the rezoning, the owner will need to execute a power of attorney form granting the firm or person such authority. Page 12 4. Project Name (if any): Greystone Properties, LLC Age -Restricted Community 5. Property Information: a. Property Identification Number(s): 53-A-91, 63-A-2A b. Total acreage of the parcel(s): 119.27 +/- Acres c. Total acreage of parcel(s) to be rezoned (if other than whole parcels) is being rezoned): 119.27 +/- Acres d. Current zoning designation(s) and acreage(s) in each designation: RP District 119.27 +/- Acres e. Proposed zoning designation(s) and acreage(s) in each designation: RP District 119.27 +/- Acres f. Magisterial District(s): Gainesboro District g. Location - the property is located at (give street address(es) if assigned or otherwise exact location based on nearest road and distance from nearest intersection, using road names and route numbers): 964 Cedar Creek Grade h. Adjoining Properties: Parcel ID Number Use Zoning See Attached Adjoining Map & Owner Table Exhibits Please attach additional page(s) if necessary. Property identification numbers, magisterial districts, and deed book and page numbers/ instrument munbers may be obtained from the Office of the Commissioner of the Revenue, Real Estate Division, 107 North Kent Street, Winchester, VA 22601. Page 13 6. Disclosure of real parties in interest. Virginia Code 5 15.2-2289 provides that localities may by ordinance require any applicant for a zoning amendment to make complete disclosure of the equitable ownership of the real estate to be affected including, in the case of corporate owncrsliip, the name of stockholders, officers, and directors, and in any case the names and addresses of all real parties of interest. Frederick County has, by County Code § 165-101.09, adopted such an ordinance. For each business entity that is an owner or contract purchaser of the property, please list the name and address of each person owning an interest in, or who is an officer or director of, any entity that is an owner or contract purchaser of the property (you need not indicate the amount or extent of the ownership interest). Please note that this requirement does not apply to a corporation whose stock is traded on a national or local stock exchange and having more than 500 shareholders. Greystone Properties, LLC: James T. Vickers & James R. Wilkins III Please attach additional page(s) if necessary. 7. Checklist. Please check that the following items have been included with this application: Q✓ Location Map F✓ Plat Depicting Metes/Bounds of Proposed Zoning ��✓ Impact Analysis Statement I� Proffer Statement (if any) R1 Agency Comments 0 Fee R✓ Copies of Deed(s) to Property(ies) R✓ Tax Payment Verification 0 Digital copies (pdrs) of all submitted items Page 14 7. Signature(s): I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Owner: Date v If signing on behalf of an entity, please state name of entity and your title: Owner: Date If signing on behalf of an entity, please state name of entity and your title: Other Applicant Party (if any): Date If signing on behalf of an entity, please state name of entity and your title: If additional signature lines are necessary, such as if more than two persons are owners, please use additional copies of this page. Page 15 GREYSTONE PROFFER AMENDMENT - ADJOINING PROPERTIES MAP ID OWNER NAME MAILING ADDRESS MAILING ADRESS 2 MAILING CITY MAILING I STATE 1 740 LLC PO BOX 87 WINCHESTER VA 2 WILLOW SPRINGS ESTATE LLC 1520 COMMERCE ST WINCHESTER VA 3 JOVA PROPERTIES LLC PO BOX 2658 WINCHESTER VA 4 LIVELY DIANE B ETALS 513 OLD FORT RD WINCHESTER VA 5 C & W PROPERTIES PO BOX 221 MILLWOOD VA 6 VILLAGE AT HARVEST RIDGE C/O COVENTRY GROUP COMMUNITY MGMT PO BOX 2580 WINCHESTER VA 7 MEDEIROS COZETTE 949 CEDAR CREEK GRADE WINCHESTER VA 8 KOK NURMAN 2307 STONERIDGE RD WINCHESTER VA 9 KUMAR CHOPRA V 7560 RIVER ROAD FLUSHING MI 10 SUMMERFIELD LLC 1573 COMMERCE ST WINCHESTER VA 11 BARTON BONNIE G 2125 STONELEIGH DR WINCHESTER VA 12 BYRD SHARON M GLASS PO BOX 206 BERRYVILLE VA 13 SPANGLER JOHN B 2119 STONELEIGH DRIVE WINCHESTER VA 14 DE MEDICI PROPERTIES LLC C/O NICOLA F DE MEDICI 503 HANDLEY AVE WINCHESTER VA 15 CRANSTON ANN CASEY 2111 STONELEIGH DR WINCHESTER VA 16 CROSON PATRICK 2107 STONELEIGH DRIVE WINCHESTER VA 17 DOLL JEFFERY L TRUSTEE 447 WOODFIELD LANE WINCHESTER VA 18 NAVARRO AYALA LUBIAN 2099 STONELEIGH DR WINCHESTER VA 19 DE MEDICI PROPERTIES LLC C/O NICOLA F DE MEDICI 503 HANDLEY AVE WINCHESTER VA 20 BROOKS RHONDA 2091 STONELEIGH DR WINCHESTER VA 21 HINKLE SUZANNE M 2087 STONELEIGH DR WINCHESTER VA 22 RYALL JONATHAN DAVID 222 AMHERST ST WINCHESTER VA 23 BASNILLO MARCO A V 2079 STONELEIGH DR WINCHESTER VA 24 HALL CHRISTOPHER E 2822 TUCKERS LN LINDEN VA 25 HALL RONALD 209 BAYSHORE DRIVE ELIZABETH CITY NC 26 SUMNER KRIS 906 WAYNE DR WINCHESTER VA 27 BAKER KIMBERLY 2063 STONELEIGH DR WINCHESTER VA 28 TATRO RAY DEAN 2059 STONELEIGH DR WINCHESTER VA 29 GERDAU BRYAN TRUSTEE 2055 STONELEIGH DR WINCHESTER VA 30 JAI LAXMI MAA LLC 723 KENNEDY DR WINCHESTER VA 31 WILSON MARGARET BRIDGET 2047 STONELEIGH DR WINCHESTER VA 32 JOUKAR JAFAR 1938 MELVOR LN WINCHESTER VA 33 CARDERO OLIVIA 2039 STONELEIGH DR WINCHESTER VA 34 SMITH STEPHANIE 2035 STONELEIGH DR WINCHESTER VA 35 MARIN VIOLETA PECHE 2031 STONELEIGH DRIVE WINCHESTER VA 36 PRUSCH ELIZABETH S 348 RITTER RD SEWICKLEY PA 37 WAC PROPERTIES LLC 21 S LOUDOUN ST WINCHESTER VA 38 MITCHELL RALPH C 155 HARVEST RIDGE DR WINCHESTER VA 39 FREEDMAN GARY 2015 STONELEIGH DRIVE WINCHESTER VA 40 WATKINS EARL H 7216 CHERRY LEAF WAY MECHANICSVILLE VA 41 AJIBIKE OPEOLUWA MIRIAM 1946 CIDERMILL LN WINCHESTER VA 42 BONNER LAURA TRUSTEE 1921 CLAYTON RIDGE DR WINCHESTER VA 43 KLUGE THOMAS 1917 CLAYTON RIDGE DR WINCHESTER VA 44 FASANO JEROME FASANO CHRISTINE 1913 CLAYTON RIDGE RD WINCHESTER VA 45 BARNES REX 1909 CLAYTON RIDGE DR WINCHESTER VA 46 BROWN ANN LOUISE 1905 CLAYTON RIDGE DR WINCHESTER VA 47 CAMPBELL KELLY 1901 CLAYTON RIDGE DR WINCHESTER VA 48 MARTIN DANIEL G 1000 STERLING DR WINCHESTER VA 49 BOSTICK DANIEL 1893 CLAYTON RIDGE DR WINCHESTER VA 50 SHAFRAN STEVEN P 1889 CLAYTON RIDGE DR WINCHESTER VA 51 JUSTICE KAREN E 1885 CLAYTON RIDGE DR WINCHESTER VA 52 PATEL DIXABEN 1881 CLAYTON RIDGE RD WINCHESTER VA 53 DINAPOLI CHRISTOPHER R 1877 CLAYTON RIDGE DR WINCHESTER VA 54 HAECKER PAUL B 1869 CLAYTON RIDGE DR WINCHESTER VA 55 HAECKER PAUL B 1869 CLAYTON RIDGE DR WINCHESTER VA 56 CITY OF WINCHESTER 15 N CAMERON ST RISK MANAGER STE 106 WINCHESTER VA 57 CITY OF WINCHESTER 15 N CAMERON ST RISK MANAGER STE 106 WINCHESTER VA O,Q O s From: Rod Williams To: Chris Mohn Cc: Wyatt Pearson; John 8ishoo; Tyler Klein Subject: RE: "[External]"RE: Greystone Proffer Amendment: Review/Comment Request Date: Tuesday, June 21, 2022 2:56:08 PM Attachments: image001.ong Grevstone Pror)erties Aqe-Restricted Rezoning - Amended Proffer Statement (6-2.0-2022) rbw edits,docx Chris, I have now reviewed this and have only technical changes: a format change with respect to the placement of the "2" to reflect it being the second section of Proffer A; some capitalization changes re defined and other terms; and the addition of the use of a defined term (the "Property"). For simplicity, I have shown the changes in the attached. Subject to these changes, the proposed amended proffer statement is in legally acceptable form. You may consider this email in lieu of the completed comment form. Thank you. Roderick B. Williams County Attorney Frederick County, Virginia 107 North Kent Street Winchester, Virginia 22601 540-722-8383 From: Chris Mohn <cmohn@greenwayeng.com> Sent: Tuesday, June 21, 2022 8:54 AM To: Ro > Subject: '[External]'RE: Greystone Proffer Amendment: Review/Comment Request Hi Rod, In follow-up to my email from last week, attached is a Word version of the draft proffer statement for the Greystone amendment. I apologize for not including this version with my original submission to you. Please advise if any additional information is required for your review. Thanks! Chris Christopher Mohn, AICP I Vice President / Director of Planning Phone: 540.662.4185 1 Cell: 540.333.2392 1 Email: r From: Chris Mohn Sent: Friday, June 17, 2022 2:11 PM To: Rod Williams <r s> Subject: Greystone Proffer Amendment: Review/Comment Request Importance: High Hi Rod, As you are aware, Greystone LLC is seeking to amend the approved proffers applicable to Tax Map Numbers 53-A-91 and 63-A-2A so that language governing age -restricted housing is more closely aligned with relevant HUD standards. To that end, we are assembling an application to administratively amend the proffers, and you have been rightfully identified as the lone review agency from whom comment/approval is required for formal submission. Please find attached a copy of the proposed amended language for your review and comment. Note that the proposed language was prepared by Mike Bryan on behalf of Greystone and has been vetted through the attorney of the contract purchaser, DR Horton. I have also provided a copy of the application form and a location map to help you get oriented. If you require any additional information to facilitate your review, please let me know and I will respond accordingly. Please don't hesitate to contact me with any questions or concerns. I look forward to receiving your feedback. Regards, Chris Christopher Mohn, AICP I Vice President / Director of Planning Winchester, VA I Ashburn, VA I Martinsburg, WV 151 Windy Hill Lane Winchester, VA 22602 Phone: 540.662.4185 Cell: 540.333.2392 Fax: 540.722.9528 Web: www.GreenwavEng.com Email: c M Disclaimer: This email may contain confidential and privileged material for the sole use of the intended recipient(s). Any review, use, distribution or disclosure by others is strictly prohibited. If you have received this communication in error, please notify the sender immediately by email and delete the message and any file attachments from your computer. Thank you. Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.fcva.us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents That: Greystone Properties, LLC Name of Property O1vner/Applicant Please note: If the property owner/applicant is an entity, the name of the entity should appear above. If multiple persons own the property or are applicants, an executed power of attorney from each owner will be needed. 13 South Loudoun Street Winchester, VA 22601 (540) 662-7215 Mailing Address of Property Owner/Applicant Telephone Number as owner of, or applicant with respect to, the tract(s) or parcel(s) of land in Frederick County, Virginia, identified by following property identification numbers: 53-A-91 & 63-A-2A do hereby make, constitute, and appoint: Greenway Engineering, Inc. Name of Attorney -In -Fact 151 Windy Hill Lane Winchester, VA 22602 (540) 662-4185 Mailing Address of Attomey-In-Fact Telephone Number to act as my true and lawful attorney -in -fact for and in my name, place, and stead, with the same full power and authority I would have if acting personally, to file and act on my behalf with respect to application with Frederick County, Virginia for the follow in , for the above identified property: ❑✓ Rezoning Subdivision Conditional Use Permit Site Plan H Master Development Plan (prelim. or final) n Variance or Zoning Appeal and, further, my attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This appointment shall expire one year from the day that it is signed, or at such sooner time as I otherwise re*id modif it.SignatureTitle (if s' If an e ltity) u �� St e of J/ 10. , County/City of Ll nc.h ske , To wit: 1 , a Notary Public in and for the jurisdiction aforesaid, certify that t i person who signed the foregoing instrument personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this _ 4 day of , 20A. My Commission Expires: �c�cG3� away ota \3A MCFARLAND ORNDORFF Registration Number: NOTARY PUBLIC REG. 47901519 COMMONWEALTH OF VIRGINIA I :i i11, r' IIoni I'l-cdcrick'- Coulity 1*1'�)-11114c1 Pay/Lookup Taxes i ���nr 14' I•,�I I'r��n� �tr E�,it I .:t• PdY \/IUI''Ilwl Illlui IOIOption Inquiry of Real Estate Map Number: 53 A 91 View Mill! Name: GREYSTONE PROPERTIES LLC \ct( Init" I1cI)I : Ii;L,I:: ticya Orlc I):IIP IIPI:IIIPII ]III(,] III.IIi0II It IIcL ltclrl�N \nnnnit Uuc View ill View Rack of Rill 8014327 RE2021 15422 1 6/7/2021 2021 REAL ESTATE $0.00 Vicw13i11 View Rack of Rill 8014327 RE2021 15422 2 12/6/2021 202I RFAI. IiS'fA'I'h SO.00 Viewilill View Rack of Rill 8014327 RE2022 15654 1 6/6/2022 2022 RHAI, FS' NIT, $0.00 © Show Current Charges Due O Show All Charges Total Due: $0.00 Return to Search r ,i, r!.II,,,, I'i'C.'CjC'1 ick C oulfly 1F ,IiI11C1 (,Ir ,); nr T, r � Pay/Lookup Taxes i iitr ll i nni:' Pr��r.i .:' I''��;,r ii} Earl { -,;.,ilr i �,i Lei P �; Pau��nul A/iu,ili�rn f r(Lr i P,i;nu•ni', `�Iiul,�;incjC,u�i(1� Pill Option', Inquiry of Real Estate Map Number: 63 A 2A View Mail Name: GREYSTONE PROPERTIES LLC ---- --- - \c uunt'�^D Irl • l icl,cr "(.(I;; Uuc I);dc Ilci:ril l mini nraliun t( IicL R lu l \mmuil l)nc Vic%+-13ill View Back of Bill 8019974 RE2021 15423 1 6/7/2021 2021 REAL I:s-ryri-. S0.00 Vic%v13i11 View Back of Bill 8019974 RI.2021 15423 2 12/6/2021 2021 RI?AL ESTATF4 S0.00 VicwBill Vices- Back of Bill 8019974 RE2022 15655 1 6/6/2022 2022 RFAL ES-rATP, $0.00 00 Show Current Chargcs Due O Show All Charges Return to Search Total Due: $0.00 �1 0 ru c� 030024683 THIS DEED is made this 17th day of October 2003, by and between PEMBROKE COVE PROPERTIES, L.L.C., a Virginia limited liability company, and Kenneth F. MARSHALL, Grantors, and GREYSTONE PROPERTIES, LLC, a Virginia limited liability company, Grantee. W 1TNESSETH: 17iat for and in consideration of the sum of Ten Dollars (S 10.00) cash in hand paid by the o Grantee to the Grantors, and other good and valuable consideration, the receipt whereof is hereby `^ acknowledged at and before the scaling and delivery of this deed, Grantors do hereby grant and J� a convey with Special Warranty, subject to easements, restrictions and reservations of record, unto Greystone Properties, LLC, a Virginia limited liability company, all that certain parcel of land containing 112.1850 acres, more or less, and that certain parcel of land containing 7.082 acres, (� 3 more or less, both situate in Frederick County, Virginia, together with the improvements thereon, Mand all rights, privileges, appurtenances, easements and rights of way thereunto belonging or in anywise appertaining, more particularly described as follows: Tract One: 112.185 Acre Parcel All that certain lot, piece or parcel of land, with all improvements thereon, lying and situated in Frederick County, Virginia, consisting of approximately 112.185 acres (more or less) and is more particularly described in that survey prepared by Marsh & Legge Land Surveyors, P.L.C. dated August 10, 1995, with such survey being attached to the Deed of Con firm ation/Correc tion dated August 26, 1997, recorded in the Clerk's Office of the Circuit Court of Frederick County in Deed Book 886, page 445. Being the same property acquired by Pembroke Cove Properties, L.L.C., a one-half interest, by Deed dated February 17, 1995, of record in the aforesaid Clerk's Office in Deed Book 834, page 1176, and by Deed of Confirmation/Correction from Clyde Lee Marshall, which deed is dated August 26, 1997 and recorded in the aforesaid Clerk's Office in Deed Book 886, page 445; and the remaining one-half interest, by Deed from Kenneth F. Marshall, as Trustee under the Francis J. Marshall, Jr, Residual Trust UAW, dated February 17, 1995, and recorded in the aforesaid Clerk's Office in Deed Book 834, page 1178, and by Deed of Confirmation/Correction from Kenneth F. Marshall, As Trustee Under the Francis J. Marshall, Jr. Residual 7hh document was prepared by Keeler Ob rnsbaln PC P.O. Dar 1287, Harrhonburg, Ylrglnla 22803 Trust U/W, dated August 26, 1997, recorded in the aforesaid Clerk's Office in Deed Book 886, page 449. TractTwo: 7.082 Acre Parcel All of that certain lot or parcel of land, containing 7.082 acres, more or less, lying and being situate in Back Creek Magisterial District, Frederick County, Virginia, located on the North side of Route 622 also known as Cedar Creek Grade for a length of approximately 402', having approximately 724' on its Eastern boundary, having approximately 295' on its Northern boundary and having approximately 1005' on its Western boundary and containing 7.082 acres, as per plat and survey of Lee A. Ebert, C.L.S., dated November 2, 1981, recorded in the aforesaid Clerk's Office at Deed Book 543, page 247. Being the same property acquired by Kenneth F. Marshall by Deed from Kenneth F. Marshall and Mary L. Marshall, his wife, which deed is dated September 11, 1997 and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 887, page 893. This conveyance is expressly subject to easements, conditions, restrictions and reservations contained in duly recorded deeds, plats and other instruments constituting constructive notice in the chain of title to the property hereby conveyed, which have not expired by limitation of time contained therein or otherwise become ineffective. WITNESS the following signature and seal*ean �FMa,,�hall�� IN WITNESS WHEREOF, PEMBROKE COVE PROPERTIES, L.L.C. has caused this deed to be executed in its name and on its behalf by the undersigned on due authority. PEMBRO CE COVE PROP _S, L.L.C. By: SEAL) Name; c _q-t-. s Title: AA'1a,__� c�� Al r' 0 N STATE OF VIRGINIA The fore in in trument was acknowledged before me in the jurisdiction aforesaid this ;I�day of , 2003, by Kenneth F. Marshall as a member/manager of Pembroke Cove Properties, L.L.C.,� .,on its behalf. My commission expires:_ 3O, ,SOD$ C� 0 - (SEAL) ary u tc •anIp,p..... • STATE OF VIRGINIA ` CITY/E9trN:FY 01�(Llis�,%!/�PA , to -wit: The fo go'n instrument was acknowledged before me in the jurisdiction aforesaid this ,?��ay of , 2003, by Kenneth F. Marshall. My commission expires: Q (SEAL) o a u tc Grantee's Address: 13 South Loudoun Street Winchester, Virginia 22601 osj22979 Vlftl}INIA: FREDERICK COUNTY, SCT. [lus instrument of writing was produced to ne on , 6 A �' _JLia2i--6� Itwd wuh certificate of acknowl P gement thereto acnexcof . was admitted to record. T im used by -802 3, 100,00 ,nd 58.1.801 have been pald, d ass-sabK Clerk V � aEi a� _ ZD n7 N l o y J .� .� ow a;> s� �o� P. u N U v O p Q BK 8 8 6 PC 0 11 Li 5 THIS DEED OF CONFIRMATION/CORRECTION, made this 9 Pk day of August, 1997, by and between CLYDE LEE MARSHALL (the "Grantor"), and PEMBRQK13 COVE PRO ERTTES, L.L.C. (die "Grantee"); WITNESSETH: This Deed of Confhrmation/Correction is bring filed to more particularly describe the property which was conveyed by the Grantor by deed dated February 17, 1995 and recorded in the Clerk's Office, Circuit Court, Frederick County, Virginia, in Deed Book 834 at page 1176. In that prior deed, the property was described by a reference to the land surrounded by various parcels. Since that time, a survey has been prepared and the property conveyed is noty more particularly described as follows (lie "Property"): All that certain lot, piece or parcel of land, will all improvements thereon, lying and situated in Frederick County, Virginia, consisting of approximately 112.185 acres (more or less) and is more particularly described in that survey prepared by Marsh & Legge Land Surveyors, P.L.C. dated August 10, 1995, with such survey being attached hereto an incorporated herein by this reference. Furthermore, this deed shall also serve to correct (lie "BEING" clause in tite deed referred to above which originally conveyed this property to the Grantee. In that prior deed, the BEING clause read as follows: BEING die same real estate conveyed to Francis J. Marshall and Atuh M. Marshall, as tenants in common, by deed from Francis J. Marshall, Jr. and Clyde Lee Marshall dated April 15, 1948, recorded, April 21, 1948, in the Clerk's Office, Circuit Court, Frederick County, Virginia, in Deed Hook 205 at page 88. However, that BEING clause is erroneous because it reversed the names of the first two families. The BEING clause should read as follows: BUNG the same real estate conveyed to Francis J. Marshall, Jr. and Clyde Lee Marshall, as tenants in common, by deed from Francis J. Marshall and Ann M. Marshall, dated April 15, 1948, recorded, April 21, 1948, in the Clerk's Office, Circuit Court, Frederick Cothnty, Virginia, in Deed Book 205 at page 88. Francis J. Marshall, Jr. died, testate, on January 5, 1995. lwramption Provision. This is a deed of con#irmation/correction and which is exempt from recording tax pursuant to Virginia Code Section 58.1-810(1) and 58.1- 810(2). Thls conveyance is made subject to recorded conditions, restrictions and casements as the same may lawfully affect the property hereby conveyed. WITNESS the following signature and seal: (SEAL) G'Yyde Lee Marshall BJ(886PGG4[16 oe' '•COI+%IMONWEALTIi OF VIRGINIA ) CIT- --. Ou FI'Y OF ) y+in : () • �) . ='�'• y 1�;. 1 he forelroi g instrument was personally acknowledged before me in the of 1 Virginia, this,= day of August, 1997, by Clyde Lee• arshall. My commission expires: gy Cgt,usSioH t7tFtttES YJfiGt ?t, GRANTEE'S MAILING ADDRESS: Pembroke Cove Properties, L.L,C. c/o Kenneth F. Marshall, Member 219 Moreland Lane Clearbrook, Virginia 22624 1Ynrhrrla R lVcslcrn ru R a_fv 81(886PG0447 !.INF IARI.f LIVE DiREGIION DISTANCE CJ S J4S5<^B 1V 1J6.97' C7 S 142:9 JJ IY 90 LJ S 143112 IY 1 J' 14 S OJ'4J 1? (Y 01.63' C5 A' IO'4109 E' 76,15' L6 S 64'IB'Sf" f 845,94' it II ti 2r, ti O N £x, U/G cos 1,foin--tit a ! Bunding� mil` ryR� IVnSofd I, v o o � -� QShed O�I10 Wooden Shed 0 1 ewer Shed° r Rc%; 08 270)- P 735 �I 112,M50 Acres TM 53 Pcl 91 1 I $ 1'I 1 a �z M 1, u wo_I N ! Q G, h 4 U;� � t ti NOI �_ W 1 Q, 1 � II I 1xr S<r stare h v °p �ui y, )J axolco T�alr N� P09f -1ica 3 1 * P°S 4J,rV °S �0p/ B` S)rOles O / r' 0 1 1ti 6J P09 for • 7p r- LE4E1±l� OF Ir on Rod Found IRS Iron Rod Scl p! r 4 a E.. Willy polo —� - E:, lh•ert,eod potter Line -9— Ex Goa Lino � h �r = t� 1 J10.�0 Y. r02362 N 7534'1i~ lI No N 7j7G'26' 1V a flidga orllr Porr 11 1. Ullo report furnlched. 2. Eoscmunls other than shown it ftullr ntJ may exist. / on 56f pcl20 Tl,l G) `Kent a)�rd° 1 3. The Informallon shown on lhls plot is based upon on alucl field survey mode on February 8, 1995. Boundary Survey 'Dff the If''ff2d( oilo J. A\Aa,fPOQ rd6 ,r �,P. R3'7- J .� ,'�1�A Y��dt •r po RR' 'Back Cre-Pk Fufiigin t�, vL isacC �•_.�.. -� - p slick (county";'NDKpnlii ED E3 CERTIFICATE NO. ti DATE: AUG U T tl ,1 9.51.4 w Scale: I"=4'00' '''' 'tohOJoISIt to y: IdnnSFll U �1 /a/gy .old)YIsa4D r A�R, H & L ',GGE r •.�� 1-: 11/ I N J a: 0 `/ 'r ROSEMARY B. EADIE, ET VTR TO: DEED KENNETH F. MARSHUL, ET UX ;ldr*******i�***-0r***lr is •k********�IIF it •k**9: �I 543 245 it THIS DEED, made and dated this • ! ,�i day of ✓��� �3�'l , 1981, by and between ROSEMARY S, EADIE l and JOHN H. EADIE, her husband, hereinafter called the Grantors, and KENNETH F.'14ARSIIALL and MARY L. MARSHALL, his wife, herein- after called the Grantees. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid and other valuable j' consideration, receipt whereof is hereby acknowledged, the i� i Grantors do grant and convey, with General Warranty and with 11 English Covenants of Title, unto the Grantees, as tenants by the entiretiy in fee simple, with survivorship as at common law, �I together with all rights, rights of way, privileges, improve- ments thereon, and appurtenances the belonging, all the following realty; All of that certain lot or parcel of land lying and being situate in Back Creek Magisterial District, Frederick County, Virginia, located on the Northside of Route 622 also known as Cedar Creek Grade fronting on Cedar Creek Crade for a length of approximately 4021, having approximately 7241 on its Eastern boundary, having approximately 2951 on its Northern boundary and having approxi- mately 10051 on its Western boundary and containing 7.082 acres, as per plat and survey of Lee A. Ebert, C.L.S „ dated November 2, 19B1, which is attached hereto and made a part hereof as if set out in full. This is a portion o the same property conveyed to Carroll E. Campbell and Rosemary B. Campbell, who is one and the same as Rosemary B. Eadie, jointly with right of survivorship, from Lanier Gray, et ux, by deed dated June 4, 1957, of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 247, at Page 159, Carroll E. Campbell !� died intestate on October 18, 1958, survived by Rosemary B. I Campbell as set forth in the list of heirs of record in the said Clerk's Office in Will Book 63, Page 63. Reference is here made to the aforesaid plat and survey, deed, and the references contained therein for a further and more particular scuuiaiAss description of the property conveyed herein. f alto): Wo It 164 a non,,l r, al l.n 1010J 11..1 „l trot l l 1 ' n u2Hlllln rut„a,a • 0 MY 543 i,5, 2.48 The Accompanying 1'1at is a Survey of a portion of the Land conveyed to carroil E.' Campbell and Rosemary B. Campbell by Deed dated 4June 1957 in :)oed 3oolc 247 Mage 159. The said Und fronts the Northern Ioundary Line (Arc Line) of the Cedar Creek Grade - Virginia Route 622, just-'. West of the city of Winchester, and lies in Ilacic Creek District, Frederick County, Virginia, Beginning at an iron pin in the t•:orthern 0oundary Line (Arc Line) of Route•622, a corner to the Roadway leading to the Marshall Farm, the said Pin being S 370 31' 00" W - 35.99 fit, from monument no. 92 - City• Limits of the City of Winchester, running with the western Line of the said roadway, the said Line being parallel to and 20.0 It. west of the City Limits Line, Id 030 4G' 051, •1: - 727.00 ft, to an iron pin' corner to the `lar.,ha11 Lbndt thence with a Southern Line of the said Land I. 750 361 27" W - 291.40 ft. to a post corrnr to "the taetai.ned vortionl thence with the Eastern Line of the said Other Land S 130 05, 14" h - 1,037.92 ft. to an iron pin at the P.C. in the Northeastern Boundary Line of Route 6221 thence with the said Line, with the Arc Line ��1.7 H 0 51(1.30 ft. (Chord 1: 65° 35' 17" li 515.GO ft. 0��1 +' k to the beginning. L - Containing - 7.082 Acres u WMOCnr an >• Surveyed •- - - `:ovember 2, 1981 r�� !/i .,•5! w^ /,RGIDf1A MIDERtCK COUXY, SCE - Ling xn This inslrumeal of ruing was produced to me on the day of tVl or_• 19-`S _, at -,rn ./�7 ,nd with cerliticata of acknowledgment thereto anae-i w s idmilted to record. Tax nnp,iad u/ of G p and 53.54 have been paid, if alse_anblo. � I ' Clerk 543 247 FRANCIS J. MARSHALL, JR, CLYDE LEE MARSHALL APPROVED: D.D. 205 --P en WINCH ESTER--FREDERICK HEALTH DEPT• 11- q-g,l FREDERICK CO. �/g,b' DEPT. OF PLANNING/ n _ •�i .E'r 1� IIIS ;;.Sf (`f rd�•}„ Rrlfl I• A'd. i'I:II} .J IYIIA���'I 14{1 rn�n• Il III • •f ri•!�tlf ;• I'Ii�� 1•. III^ n'IJ �:.,'li:e.!II'•t' mil•. IJrI%I:: ! I! ', 7.t •.'..G . .�i 1!!.Ihrl lli „Ati:lli .r.;: .•,.M:.. qnl• rllft�h•..;u;I,.�Fl.lalfl.ri Cl S YeliN 1FgTER Vi GIHIA •- �'"� LT if p7- 1I'ME A. [[J[F(Y IJJIIII K;AtI '%L t r/ N75a6,27• Pow W ` 291.40.1 a N-, 11 �1 z N o Q 0) b � ^ ry) p S O ll O a � 7.082 ACRES 0 30t 1 Vol. f� O PPG / r � � 2 O O' i M a • COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 September 15, 2022 Grecnway Engineering, Inc. Chris Mohn 151 Windy Hill Lane Winchester, VA 22602 RE: REZONING #05-22 Greystone Properties PINS: 53-A-91 and 63-A-2A Dear Mr. Mohn: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting on September 14, 2022. The above -referenced application was approved to revise the proffer from Rezoning #02-21 for Greystone Properties, LLC. The properties are north of Cedar Creek Grade (Route 622), south and west of the City of Winchester and are identified by Property Identification Numbers 53-A-91 and 63-A-2A in the Back Creek Magisterial District. The proffer statement originally dated October- 16, 2019, and revision dates of March 25, 2021, and July 29, 2022, that was approved as a part of this rezoning application is unique to the above referenced property and is binding regardless of ownership: Enclosed is a copy of the adopted proffer statement for your records. Pursuant to §165.102.06E, the County Attorney will present the written proffer to the Frederick County Clerk of Circuit Court for recordation. Please do not hesitate to contact this office if you have any questions regarding the approval of this rezoning application. Sincerely, John A. Bishop, AICP Assistant Director JAB/pd Attachments f6 cc: Shawn L. Graber, Back Creek Supervisor Mollie Brannon and Betsy Brumback, Back Creek Planning Commissioners Debra Bonarti, Real Estate Rod Williams, County Attorney w/Proffer and Resolution Richie Wilkins 13 South Loudoun Street, Winchester, VA 22601 107 North Kent Street, Suite 202 * Winchester, Virginia 2260175000 0 9 Pam Deeter To: Shawn Graber; Mollie Brannon; Betsy Brumback Subject: Greystone Properties Approval letter Attachments: Greystone Properties #05-22 Approval.doc Good afternoon, Please find attached the approval rezoning letter for Greystone Properties. If you should have any questions, please contact Mr. Bishop. Pam Deeter, Senior Secretary Dept. Planning & Development 107 N. Kent St. Suite 202 Winchester, VA 22601 540-665-5651 pciec>te�r ��fcv��,us 0 U0(JNTY off"R1_,"1)L[ZICK Department of Planning and Developnlerlt 540/ 665-5651 Fax: 540' 665-6395 September 15, 2022 Greenway Engineering, Inc. Chris Mohn 151 Windy Hill Lane Winchester, VA 22602 RE: REZONING #05-22 Greystone Properties PINS: 53-A-91 and 63-A-2A Dear Mr. Mohn: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting on September 14, 2022. The above -referenced application was approved to revise the proffer from Rezoning #02-21 for Greystone Properties, LLC. The properties are north of Cedar Creek Grade (Route 622), south and west of the City of Winchester and are identified by Property Identification Numbers 53-A-91 and 63-A-2A in the Back Creck Magisterial District. The proffer statement originally dated October 16, 2019, and revision dates of March 25, 2021, and July 29, 2022, that was approved as a part of this rezoning application is unique to the above referenced property and is binding regardless of ownership. Enclosed is a copy of the adopted proffer statement for your records. Pursuant to §165.102.06E, the County Attorney will present the written proffer to the Frederick County Cleric of Circuit Court for recordation. Please do not hesitate to contact this office if you have any questions regarding the approval of this rezoning application. Sincerely, John A. Bishop, AICP Assistant Director JAB/pd Attachments cc: Shawn L. Graber, Back Creck Supervisor Mollie Brannon and Betsy Brunlback, Back Creek Planning Commissioners Debra Bonarti, Real Estate Rod Williams, County Attorney w/Proffer and Resolution Richie Wilkins 13 South LOUdoan Street, Winchester, VA 22601 107 North Kent Street. Suitc 202 o Winchester, Virginia 22601-5000 • Pam Deeter From: Microsoft Outlook < MicrosoftExchange329e71ec88ae4615bbc36ab6ce41109e@fcva.us> To: Betsy Brumback Sent: Monday, September 19, 2022 1:45 PM Subject: Delivered: Greystone Properties Approval letter Your message has been delivered to the following recipients: gets,_ Bruniback_(bets; ..brurnback@(cva,us) Subject: Greystone Properties Approval letter 0 Pam Deeter From: Microsoft Outlook To: Mollie Brannon Sent: Monday, September 19, 2022 1:45 PM Subject: Delivered: Greystone Properties Approval letter Your message has been delivered to the following recipicmts: I•Iolhe i3tam on_( mollie.biannon(Ciftva.LIS) Subject: Greystone Properties Approval letter 0 0 Pam Deeter From: Microsoft Outlook To: Shawn Graber Sent: Monday, September 19, 2022 1:45 PM Subject: Delivered: Greystone Properties Approval letter Your message has been delivered to file following recipients: Shawn Graber_(shawaher_((j,fcva,us) Subject: Greystone Properties Approval letter 0 To be completed by Planning StaJJ.' Fee Amount Paid $ Id')') Zoning Amendment Number 05 - Z2 Anticipated PC Hearing Date Date Received Cou"OS•- 7,2. Anticipated BOS Hearing Date_ REZONING APPLICATION FREDERICK COUNTY, VA DEPARTMENT Or PLANNING & DEVELOPMENT 1. Property Owners) (please attach additional page(s) if more than two owners): Name: Greystone Properties, LLC Specific Contact Person if Other than Above: Richie Wilkins Address 13 South Loudoun Street Winchester, VA 22601 Telephone: (540) 662-7215 Name: Specific Contact Person if Other than Above: Address: Telephone: Email: rwilkins@wilkinsco.com Email: 2. Otlter Applicant Party (such as a contract purchaser) (please attach additional page(s) if necessary): Name: N/A Specific Contact Person if Other than Above: Address: Telephone: Email: 3. Law firm, engineering firm, or other person, if any, serving as the primary contact person for this application: Firm Name Greenway Engineering, Inc Specific Contact Person at Firm Chris Mohn Address: 151 Windy Hill Lane Winchester, VA 22602 Teleplionc: (540) 662-4185 Email: cmohn@greenwayeng.com Please note that, if a law firm, engineering firm, or other person, other than the owner of the property, will be acting on behalf of the owner and/or executing papers on behalf of the owner in connection with the rezoning, the owner will need to execute a power of attorney form granting the firm or person such authority. Page 12 • • 4. Project Name (if any): Greystone Properties, LLC Age -Restricted Community 5. Property Information: a. Property Identification Numbcr(s): 53-A-91, 63-A-2A b, Total acreage of the parcel(s): 119.27 +/- Acres c. Total acreage of parccl(s) to be rezoned (if other than whole parcel(s) is being rezonecl): 119.27 +/- Acres d. Current zoning designation(s) and acreage(s) in each dcslgnatloll: RP District 119.27 +/- Acres c. Proposed zoning designation(s) and acrcage(s) in each designation: RP District 119.27 +/- Acres f. Magisterial Distnct(s): tiles —ro District g, Location - the property is located at (give street address(es) if assigned or othemse exact location based on nearest road and distance from nearest intersection, using road names and route numbers): 964 Cedar Creek Grade li. Adjoining Properties: Parcel ID Number See Attached Adjoining Map & Owner Table Exhibits Use Please attach additional page(s) if necessary. Zoning Property identification numbers, magisterial districts, and cited book and page numbers/ instrument numbers may be obtained from the Office of the Commissioner of the Revenue, Real Estate Division, 107 North Kent Street, Winchester, VA 22601. Page 13 C� • 6. Disclosure of real parties in interest. Virginia Code § 15.2-2289 provides that localities may by ordinance require any applicant for a zoning amendment to make complete disclosure of the equitable ownership of the real estate to be affected including, in the case of corporate ownership, the name of stockholders, officers, and directors, and in any case the names and addresses of all real parties of interest. Frederick County has, by County Code 5 165-101.09, adopted such all ordinance. For each business entity that is an owner or contract purchaser of the property, please list the name and address of each person owning an interest in, or Nvllo is an officer or director of, any entity that is an owner or contract purchaser of the property (you need not indicate the amount or extent of the ownership interest). Please note that this requirement does not apply to a corporation whose stock is traded on a national or local stock exchange and having more than 500 shareholders. Greystone Properties, LLC: James T. Vickers & James R. Wilkins III Please attach additional page(s) if necessary. 7. Checklist. Please check that the following items have been included with this application: 0 Location Map Plat Depicting Metes/Bounds of Proposed Zoning lmpact Analysis Statement jZ l� Proffer Statement (if any) Agency Comments ❑✓ Fee Copies of Deed(s) to Property(ics) 0 Tax Payment Verification 0 Digital copies (p(If s) of all submitted items Page 14 • • 7. Signature(s): I (we), the undcl-signed, do hereby respectfully make application and pctition the Frederick County Board Of Supervisors t0 anicrid the zoning ordinance 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 licaring and the Board of Supervisors public hearing and maintaincd so as to be visible Iroili the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of Illy (our) knowledge. Owner: Date v Z- Owner: If signing oil behalf of an entity, please state name of entity and your title: Date If signing on behalf of an entity, please state name of entity and your title: Other Applicant Party (if any): If ad( pleas Date If sighing oil behalf of all clitity, please state name of entity and you]- title: V C bq L N N o C O Q � '0 C \ LU _� eiati 3 Ln Ln j Qz Zw Wz pr W0 cA*' 0 � W Q Z 2 W U) LLJ Z IY W LLJ p O WQ ry \ z / 0w z 11 Z �� O � O Q O � � H U m o g z a Q U) Z (I w I— Z 2 0 C7 W �Wcn-jaQ W 2 WQ>c� O Z W W H W W M a�a-�zo � Z Q a < 0 O a Y 0 1Wi tL Z O a U a 1� o w O Z O w o a a O m p N 10 Ur a W W a p N II Q ZZ LL 2 L) C "' O •- W Q J Q _ I U Map Data Source: Frederick County, Va. GIS Department, 2019 Data; MAP ID OWNER NAME MAILING ADDRESS MAILING ADRESS 2 MAILING CITY MAILING STATE MAILING ZIP 1 740 LLC PO BOX 87 WINCHESTER VA 22604 2 WILLOW SPRINGS ESTATE LLC 1520 COMMERCE ST WINCHESTER VA 22601 3 JOVA PROPERTIES LLC PO BOX 2658 WINCHESTER VA 22604 4 LIVELY DIANE B ETALS 513 OLD FORT RD WINCHESTER VA 22601 5 C & W PROPERTIES PO BOX 221 MILLWOOD VA 22646 6 VILLAGE AT HARVEST RIDGE C/O COVENTRY GROUP COMMUNITY MGMT PO BOX 2580 WINCHESTER VA 22604 7 MEDEIROS COZETTE 949 CEDAR CREEK GRADE WINCHESTER VA 22601 8 KOK NURMAN 2307 STONERIDGE RD WINCHESTER VA 22601 9 KUMAR CHOPRA V 7560 RIVER ROAD FLUSHING MI 48433 10 SUMMERFIELD LLC 1573 COMMERCE ST WINCHESTER VA 22601 11 BARTON BONNIE G 2125 STONELEIGH DR WINCHESTER VA 22601 12 BYRD SHARON M GLASS PO BOX 206 BERRYVILLE VA 22611 13 SPANGLER JOHN B 2119 STONELEIGH DRIVE WINCHESTER VA 22601 14 DE MEDICI PROPERTIES LLC C/O NICOLA F DE MEDICI 503 HANDLEY AVE WINCHESTER VA 22601 15 CRANSTON ANN CASEY 2111 STONELEIGH DR WINCHESTER VA 22601 16 CROSON PATRICK 2107 STONELEIGH DRIVE WINCHESTER VA 22601 17 DOLL JEFFERY L TRUSTEE 447 WOODFIELD LANE WINCHESTER VA 22602 18 NAVARRO AYALA LUBIAN 2099 STONELEIGH DR WINCHESTER VA 22601 19 DE MEDICI PROPERTIES LLC C/O NICOLA F DE MEDICI 503 HANDLEY AVE WINCHESTER VA 22601 20 BROOKS RHONDA 2091 STONELEIGH DR WINCHESTER VA 22601 21 HINKLE SUZANNE M 2087 STONELEIGH DR WINCHESTER VA 22601 22 RYALL JONATHAN DAVID 222 AMHERST ST WINCHESTER VA 22601 23 BASNILLO MARCO AV 2079 STONELEIGH DR WINCHESTER VA 22601 24 HALL CHRISTOPHER E 2822 TUCKERS LN LINDEN VA 22642 25 HALL RONALD 209 BAYSHORE DRIVE ELIZABETH CITY NC 27909 26 SUMNER KRIS 906 WAYNE DR WINCHESTER VA 22601 27 BAKER KIMBERLY 2063 STONELEIGH DR WINCHESTER VA 22601 28 TATRO RAY DEAN 2059 STONELEIGH DR WINCHESTER VA 22601 29 GERDAU BRYAN TRUSTEE 2055 STONELEIGH DR WINCHESTER VA 22601 30 JAI LAXMI MAA LLC 723 KENNEDY DR WINCHESTER VA 22601 31 WILSON MARGARET BRIDGET 2047 STONELEIGH DR WINCHESTER VA 22601 32 JOUKAR JAFAR 1938 MELVOR LN WINCHESTER VA 22601 33 CARDERO OLIVIA 2039 STONELEIGH DR WINCHESTER VA 22601 34 SMITH STEPHANIE 2035 STONELEIGH DR WINCHESTER VA 22601 35 MARIN VIOLETA PECHE 2031 STONELEIGH DRIVE WINCHESTER VA 22601 36 PRUSCH ELIZABETH S 348 RITTER RD SEWICKLEY PA 15143 37 WAC PROPERTIES LLC 21 S LOUDOUN ST WINCHESTER VA 22601 38 MITCHELL RALPH C 155 HARVEST RIDGE DR WINCHESTER VA 22601 39 FREEDMAN GARY 2015 STONELEIGH DRIVE WINCHESTER VA 22601 40 WATKINS EARL H 7216 CHERRY LEAF WAY MECHANICSVILLE VA 23111 41 AJIBIKE OPEOLUWA MIRIAM 1946 CIDERMILL LN WINCHESTER VA 22601 42 BONNER LAURA TRUSTEE 1921 CLAYTON RIDGE DR WINCHESTER VA 22601 43 KLUGE THOMAS 1917 CLAYTON RIDGE DR WINCHESTER VA 22601 44 FASANO JEROME FASANO CHRISTINE 1913 CLAYTON RIDGE RD WINCHESTER VA 22601 10 • 45 BARNES REX 1909 CLAYTON RIDGE DR WINCHESTER VA 22601 46 BROWN ANN LOUISE 1905 CLAYTON RIDGE DR WINCHESTER VA 22601 47 CAMPBELL KELLY 1901 CLAYTON RIDGE DR WINCHESTER VA 22601 48 MARTIN DANIEL G 1000 STERLING DR WINCHESTER VA 22601 49 BOSTICK DANIEL 1893 CLAYTON RIDGE DR WINCHESTER VA 22601 50 SHAFRAN STEVEN P 1889 CLAYTON RIDGE DR WINCHESTER VA 22601 51 JUSTICE KAREN E 1885 CLAYTON RIDGE DR WINCHESTER VA 22601 52 PATEL DIXABEN 1881 CLAYTON RIDGE RD WINCHESTER VA 22601 53 DINAPOLI CHRISTOPHER R 1877 CLAYTON RIDGE DR WINCHESTER VA 22601 54 HAECKER PAUL B 1869 CLAYTON RIDGE DR WINCHESTER VA 22601 55 HAECKER PAUL B 1869 CLAYTON RIDGE DR WINCHESTER VA 22601 56 CITY OF WINCHESTER 15 N CAMERON ST RISK MANAGER STE 106 WINCHESTER VA 22601 57 CITY OF WINCHESTER 15 N CAMERON ST RISK MANAGER STE 106 WINCHESTER VA 22601 Greystone Adj list 20220615 9 COG Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.feva.us .GIA, I1H Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents That: Grevstone Properties, LLC Name of Property Owner/Applicant Please note: If the property owner/applicant is an entity, the name of the entity should appear above. If multiple persons own the property or are applicants, an executed power of attorney from each owner will be needed. 13 South Loudoun Street Winchester, VA 22601 (540) 662-7215 Mailing Address of Property Owner/Applicant Telephone Number as owner of, or applicant with respect to, the tract(s) or parcel(s) of land in Frederick County, Virginia, identified by following property identification numbers: 53-A-91 & 63-A-2A do hereby make, constitute, and appoint: Greenway Engineering, Inc. Name of Attorney -In -Fact 151 Windy Hill Lane Winchester, VA 22602 Mailing Address of Attomey-In-Fact (540) 662-4185 Telephone Number to act as my true and lawful attorney -in -fact for and in my name, place, and stead, with the same full power and authority I would have if acting personally, to file and act on my behalf with respect to application with Frederick County, Virginia for the follow in , for the above identified property: ❑✓ Rezoning Subdivision Conditional Use Permit Site Plan B Master Development Plan (prelim. or final) ❑ Variance or Zoning Appeal and, further, my attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This appointment shall expire one year from the day that it is signed, or at such sooner time as I otherwise relid or modif it. Signature ` Title (if ski Ing on b 1 f an e ltity) St e of r rot n Q County/City of L J, n i1&s4& _, To wit: I 0 D —, a Notary Public in and for the jurisdiction aforesaid, certify that t e person who signed the foregoing instrument personally appeared before me and has acknowledged the same before me in the j,/urisdiction aforesaid this _� day of , 2W. i24Gt 0, My Commission Expires: J36 aoay ota i t Registration Number: i hCSn an�rn nl nnlr� �r��lr.�r�r.- 1 Greenway Engineering. Inc. , July 29, 2022 • fax Parcels 53-i1-91A & 63 A-2A GREYSTONE PROPERTIES, LLC lr 2110 �) i 1 18 J10 AGE -RESTRICTED REZONING AMENDED PROFFER STATEMENT DATE: July 29, 2022 REZONING: RZ# 0 S —VL PROPERTY: Tax Parcels 53-A-91 and 63-A-2A (both parcels, collectively, the "Property") MAGISTERIAL DISTRICT: Back Creek Magisterial District (formerly Gainesboro Magisterial District) RECORD OWNER: Greystone Properties, LLC APPLICANT: Greystone Properties, LLC (the "Owner") PROJECT NAME: Greystone Properties, LLC Age -Restricted Rezoning ORIGINAL DATE OF PROFFERS: October 16, 2019, Revised March 25, 2021 The current Proffer set forth in Paragraph (A)(2) as set forth hereinafter is hereby deleted: 2. The Owners of the 1 19.27t acres proposed for RP, Residential Performance District zoning proffer that 100% of the dwelling units will be rented or sold such that at least one resident in each unit is a person at least age 55 or older is hereby deleted (the "Deleted Proffer"). In place of the Deleted Proffer, the following Amended Proffer is hereby set forth: 2. The Owner hereby agrees that the Property shall be an age -restricted community which is defined as: "Age Restricted" (a) Shall mean all occupied residential units shall be occupied by at least one person fifty-five (55) years of age or older and all other residents must reside with a person who is fifty-five (55) years of age or older, and be a spouse, a cohabitant, an occupant's child of nineteen (19) years of age or older or provide primary physical or economic support to the person who is fifty-five (55) years of age or older. File #3800G/CMM Greenway Engineering, Inc. • July 29, 2022 • "fax Parcels 53-A-91A & 63-A-2A Notwithstanding this limitation (i) a person hired to provide live-in, long term, or terminal health care of a person who is fifty-five (55) years of age or older for compensation may also occupy a dwelling during any time such person is actually providing such care; and (ii) guests under the age of fifty-five (55) shall be permitted for periods of time not to exceed sixty (60) total days in any calendar year. (b) If title to any lot shall become vested in any person under fifty-five (55) years of age by reason of descent, distribution, foreclosure or operation of law, the age restriction set forth in this Section 1 shall not work a forfeiture or reversion of title, but rather such person thus taking title shall not be permitted to reside on such Lot until such person shall have attained fifty-five (55) years of age or otherwise satisfies the requirements as set forth herein. (c) Notwithstanding the foregoing limitations, a surviving spouse shall be allowed to continue to occupy a dwelling without regard to age. (d) The foregoing limitations shall apply to any tenant who resides in any dwelling offered for lease by the Owner thereof. Owner Signature on Following Page File #38000/C%MN1 2 0 • Green gay Engineering, Inc. July 29, 2022 Tax Parcels 53-A-9IA & 63-A-2A Owner Signature The conditions proffered above shall be binding upon the lieirs, executors, administrators, assigns and successors in the interest of the 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: Greyston ro�crties, LLC mctA(ayr Date Commonwealth of Virginia, City/County of A�4d-,6- To Wit: The foregoing instrument was acknowledged before me this clay of 20p by �' ` G�/ii2i�/ —z?z71L Notary Public My Commission Expires LINDA MCFARLAND OR NDORFF NOTARY PUBLIC REO•#7901519 COMMONWEALTH OF VIRGINIA File 113800G/CMM ORDINANCE Action: PLANNING COMMISSION: September 7, 2022 Recommended Approval BOARD OF SUPERVISORS: September 14, 2022 Approved ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #05-22 GREYSTONE PROPERTIES WHEREAS, REZONING #05-22 Greystone Properties submitted to revise the proffers associated with Rezoning # 02-21 Greystone Properties. This proffer amendment seeks to replace the current proffered text defining age -restricted language, to align with the federal guidelines governing age -restricted housing more closely. The subject properties are located north of Cedar Creek Grade (Route 622), south and west of the City of Winchester, and are identified by Property Identification Numbers 53-A-91 and 63-A-2A in the Back Creek Magisterial District; and WHEREAS, the Frederick County Planning Commission held a public meeting on this Rezoning on September 7, 2022 and recommended approval; and WHEREAS, the Frederick County Board of Supervisors held a public meeting on this Rezoning during their regular meeting on September 14, 2022; 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, and welfare. 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 revise the proffers associated with Rezoning #02-21 Greystone Properties to replace the current proffered text setting out age -restricted provisions, to align with the federal guidelines governing age -restricted housing. The conditions voluntarily proffered in writing by the Applicant and the Property Owner are attached. This ordinance shall be in effect on the date of adoption. Passed this 14111 day of September 2022 by the following recorded vote: Charles S. DeHaven, Jr., Chairman J. Douglas McCarthy Josh E. Ludwig Blaine P. Dunn Aye Aye Aye Aye Shawn L. Graber Robert W. Wells Judith McCann -Slaughter Aye Aye Aye A COPY ATTEST 01 Michael L. Bollhoefer Frederick County Adm' strator Res.# 017-22 PDRes#32-22 Legend Parcel Boundary Subject Parcels — J Winchester Limits Feet IL 700 0 700 A9051SAO ST SITE WINCHESTER LOCATION MAP ,o HANDLEY P C9S T / 0 9�F sfe R�q O� QSTF f2 OSS���Z :y'p,A BELLC.7 / OAP 1 .IMP W LO < MBERTO O,Q r oRo� �O h/L L DR I i I CREEK GRADE cEoa.R I 1 P 1 00 C G1 E r', 0 bO C J N w w-a ,no c (v o^o�? G! v v 3 L - Lr) Ln F-LL U� LU W LLJ a- 0 O W a- a 2 Z p O Z Q ~Q OW U LL OJ i0 W �elf C� a- C �cr cod m U 0 o y p 0 m CHELS EA DR �\ C\Q Ow "HA R6 ON Q z U U Z CD LU ►- w o O o • BEEHIVE WAYS � J � Winchester-&—r w tl Qtj_ j U w Western RR a Z LIJ w} m O I Ufa' d Z F- Z o rAyLORO L1J Q O O F- O CU < 0 w LIJ Y CO LL IL JO O U 0 �HILLMAN DR } Lu tY m N 0a- CO LU o ii L �`�� Z � JQ O O o W J MS LN cUn Map Data Source Frederick County, Va. GIS Department, 2018 Data Map Data Source: Frederick County, Va. GIS Department, 2019 Data, Aerial Photo from 2017 From: Rod Williams To: Chris hlohn Cc: Wyatt Pearson; John Bishon; Tyler Klein Subject: RE: "[External]"RE: Greystone Proffer Amendment: Review/Comment Request Date: Tuesday, June 21, 2022 2:56:08 PM Attachments: image001.)no Greystone Properties Age -Restricted Rezoning - Amended Proffer Statement (6-20-2022) rbw edits.docx Chris, I have now reviewed this and have only technical changes: a format change with respect to the placement of the "2" to reflect it being the second section of Proffer A; some capitalization changes re defined and other terms; and the addition of the use of a defined term (the "Property"). For simplicity, I have shown the changes in the attached. Subject to these changes, the proposed amended proffer statement is in legally acceptable form. You may consider this email in lieu of the completed comment form. Thank you. Roderick B. Williams County Attorney Frederick County, Virginia 107 North Kent Street Winchester, Virginia 22601 540-722-8383 rwillia(cr�.fcva.us From: Chris Mohn <cmohn@greenwayeng.com> Sent: Tuesday, June 21, 2022 8:54 AM To: Rod Williams <rwillia@fcva.us> Subject: '[External]'RE: Greystone Proffer Amendment: Review/Comment Request Hi Rod, In follow-up to my email from last week, attached is a Word version of the draft proffer statement for the Greystone amendment. I apologize for not including this version with my original submission to you. Please advise if any additional information is required for your review. Thanks! Chris Christopher Mohn, AICP I Vice President / Director of Planning °hone S40.662.4185 I Cell 540.333.2392 1 Finail nnr:hn(r,�PrLonwayent,.mm From: Chris Mohn Sent: Friday, June 17, 2022 2:11 PM To: Rod Williams <rwiIlia Pfcva.us> Subject: Greystone Proffer Amendment: Review/Comment Request Importance: High Hi Rod, As you are aware, Greystone LLC is seeking to amend the approved proffers applicable to Tax Map Numbers 53-A-91 and 63-A-2A so that language governing age -restricted housing is more closely aligned with relevant HUD standards. To that end, we are assembling an application to administratively amend the proffers, and you have been rightfully identified as the lone review agency from whom comment/approval is required for formal submission. Please find attached a copy of the proposed amended language for your review and comment. Note that the proposed language was prepared by Mike Bryan on behalf of Greystone and has been vetted through the attorney of the contract purchaser, DR Horton. I have also provided a copy of the application form and a location map to help you get oriented. If you require any additional information to facilitate your review, please let me know and I will respond accordingly. Please don't hesitate to contact me with any questions or concerns. I look forward to receiving your feedback. Regards, Chris Christopher Mohn, AICP I Vice President / Director of Planning Winchester, VA I Ashburn. VA I Martinsburg, WV 151 Windy Hill Lane Winchester, VA 22602 Phone 540.662 4185 Cell 540.333.2392 Fax.540.722.9528 Web www GreenwayEng corn Email anohn a clreenwayenq corn AD Disclaimer: This email may contain confidential and privileged material for the sole use of the intended recipient(s). Any review, use, distribution or disclosure by others is strictly prohibited. If you have received this communication in error, please notify the sender immediately by email and delete the message and any file attachments from your computer. Thank you. ' V Pay/Lookup 'saxes Inquiry of Real Estate Map Number: 53 A 91 View Map Name: GREYSTONE PROPERTIES LLC VicNv ill View Rack of Rill %cco Iglu- 8014327 8014327 8014327 1)c1w l i, 1, (.1; RE2021 1 15422 RE2021 15422 RE20221 15654 -cy:: 1 2 1 Du( Unli 6/7/2021 12/6/2021 6/6/2022 Dcl:ole(I III lucmailoll (( to 1. Bclm, ) 2021 RFAL FSTA-1-1? 2021 RFAL FS NIT, 2022 REAL I.STYVIT'. \nwunl Due $0.00 $0.00 $0.00 ViewBill Vic\a Rack of Rill ViewBill Vice, Rack of Rill OO Show Current Charges Due O Show All Charges Total Due: $0.00 Return to Search .,�,��..��,�,•� � ri.'�3�'I i��l, �. �,tllli� V11'( I11M Pay/Lookup Taxes Inquiry of Real Estate Map Number: 63 A 2A view Map Name: GREYSTONE PROPERTIES LLC — \cc(iuIII :: Dcpi: ! InLci. �—(]:, i)m u:,ii Dctailccl Inluim:unui ( lily. BEA(INNI "Immiu Disc VicwRill Vic%%, Rack of Rill 8019974 RE2021 15423 1 6/7/2021 2021 REAL FSfATI? $0.00 ViewBill View Rack of Rill 8019974 RE2021 15423 2 12/6/2021 2021 REAL FSTATP. $0.00 Vic\vRill View Rack of Rill 8019974 RE2022 15655 1 6/6/2022 2022 REAL FSTATP. $0.00 O Show Current Charges Due O Show All Charges Total Due: $0.00 Return to Search • �t o tv G 030024683 THIS DEED is made this 17th day of October 2003, by and between PEMBROKE COVE PROPERTIES, L.L.C., a Virginia limited liability company, and Kenneth F. MARSHALL, Grantors, and GREYSTONE PROPERTIES, LLC, a Virginia limited liability company, Grantee, W ITNESSETII: That for and in consideration of the sum of Ten Dollars ($10.00) cash in hand paid by the o Grantee to the Grantors, and other good and valuable consideration, the receipt whereof is hereby acknowledged at and before the scaling and delivery of this deed, Grantors do hereby grant and a convey with Special Warranty, subject to casements, restrictions and reservations of record, unto Greystone Properties, LLC, a Virginia limited liability company, all that certain parcel of land containing 112.1850 acres, more or less, and that certain parcel of land containing 7.082 acres, (n more or less, both situate in Frederick County, Virginia, together with the improvements thereon, (1) and all rights, privileges, appurtenances, casements slid rights of way thereunto belonging or in anywise appertaining, more particularly described as follows: Tract One: 112.185 Acre Parcel All that certain lot, piece or parcel of land, with all improvements thereon, lying and situated in Frederick County, Virginia, consisting of approximately 112.185 acres (more or less) and is more particularly described in that survey prepared by Marsh & Legge Land Surveyors, P.L.C, dated August 10, 1995, with such survey being attached to the Deed of Confirmation/Correction dated August 26, 1997, recorded in the Clerk's Office of the Circuit Court of Frederick County in Deed Book 886, page445. Being the same property acquired by Pembroke Cove Properties, L.L.C„ a one-half interest, by Deed dated February 17, 1995, of record in the aforesaid Clerk's Office in Deed Book 834, page 1176, and by Deed of Confinnation/Correction :from Clyde Lee Marshall, which deed is dated August 26, 1997 and recorded in the aforesaid Clerk's Office in Deed Book 886, page 445; and the, remaining one-half interest, by Deed from Kenneth F. Marshall, as Trustee under the Francis J. Marshall, Jr. Residual Trust U/W, dated February 17, 1995, and recorded in the aforesaid Clerk's Office in Deed Book 834, page 1178, and by Deed of Confirmation/Correction from Kenneth F. Marshall, As Trustee Under the Francis J. Marshall, Jr. Residual rhb documou wai preporrd by Keeler Obrntholn PC P.O. Paz 1187. Harrlronburg, Ylrglnla 12803 • • 0 N QD IN; Trust U/W, dated August 26, 1997, recorded in the aforesaid Clerk's Office in Deed Book 886, page 449. Tract Two: 7.082 Acre Parcel All of that certain lot or parcel of land, containing 7.082 acres, more or less, lying and being situate in Back Creek Magisterial District, Frederick County, Virginia, located on the North side of Route 622 also known as Cedar Creek Grade for a length of approximately 402', having approximately 724' on its Eastern boundary, having approximately 295' on its Northern boundary and having approximately 1005' on its Western boundary and containing 7.082 acres, as per plat and survey of Lee A. Ebert, C.L.S., dated November 2, 1981, recorded in the aforesaid Clerk's Office at Deed Book 543, page 247. Being the same property acquired by Kenneth F. Marshall by Deed from Kenneth F. Marshall and Mary L. Marshall, his wife, which deed is dated September 11, 1997 and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 887, page 893. This conveyance is expressly subject to easements, conditions, restrictions and reservations contained in duly recorded deeds, plats and other instruments constituting constructive notice in the chain of title to the property hereby conveyed, which have not expired by limitation of time contained therein or otherwise become ineffective. WITNESS the following signature and seal. jeonmethi F. Marshall IN WITNESS WHEREOF, PEMBROKE COVE PROPERTIES, L.L.C. has caused this deed to be executed in its name and on its behalf by the undersigned on due authority. PEM`BRO CE COVE PROPF S, L.L.C. By: I (SEAL) 2 CD ry Ca STATE OF VIRGINIA C" The fore in in trument was acknowledged before me in the jurisdiction aforesaid this ,,?day of , 2003, by Kenneth F. Marshall as a member/manager of Pembroke Cove Properties, L.L.C., on its behalf. My commission expires:� —'-30' ,-'IODS.— J� (SEAL)Q44'-I� x� ��tt N ary Public STATE OF VIRGTMA CITY/t 9c=FATTY WO �>�r%� ) to -wit: The fo go'n instrument was acknowledged before me in the jurisdiction aforesaid this ,1��ay of , 2003, by Kenneth F. Marshall. My commission expires: Q (SEAL) Nota Public Grantee's Address: 13 South Loudoun Street Winchester, Virginia 22601 osj22979 V1RCi1NIA. FREDERICK COUNTY, SCT. TW5 instrument of writing was produced to me on with a[ linexcd was admits d'to record.fic,,itp, of T acknowledgement imposcd by Slcc. 58.1iereto n802 of S 3� 700-00 , and 58.1.301 have been 06, if assess+ Clerk X u J^ `- t p` C, r� 7C, •.r.rnunn....... • U � A a� U i j'v N :a ;0 a ,-.h ol�,b> C) �Qo o O f~ rn P. U NU I v O C7 H H 0? 00 DIJ 00 un vi BIN 86PGOL, Ll 5 'I1US DEED OF CONFIRMATION/CORRECTION, made this 9_&L� clay of August, 1997, by and bmveen CLYDE LEE MARSPIALL (the "Grantor"); and PEMBROKE COVE PROPERTIES, L.L.C. (lie "Grantee"); WITNESSETH: This Deed of Confirmation/Correction is being filed to more particularly describe the property which was conveyed by the Grantor by deed dated February 17, 1995 and recorded in tie Clerk's Office, Circuit Court, Frederick County, Virginia, in Deed Book 834 at page 1176. In that prior deed, the property was described by a reference to the land surrounded by various parcels. Since that time, a survey has been prepared and the property conveyed is now more particularly described as follows (the "Property"): All that certain lot, piece or parcel of land, will all improvements thereon, lying and situated in Frederick County, Virginia, consisting of approximately 112.185 acres (more or less) and is more particularly described in that survey prepared by Marsh & Legge Land Surveyors, P.L.C. dated August 10, 1995, with such survey being attached hereto an incorporated herein by this reference. Furthermore, this deed shall also serve to correct (lie "BEING" clause in the deed referred to above which originally conveyed this property to the Grantee. In that prior deed, the BEING clause read as follows: BEING the same real estate conveyed to Francis J. Marshall and Arun M. Marshall, as tenants in common, by deed from Francis J. Marshall, Jr. and Clyde Lee Marshall dated April 15, 1948, recorded, April 21, 1948, in the Clerk's Office, Circuit Court, Frederick County, Virginia, in Deed Book 205 at page 88, However, that BEING clause is erroneous because it reversed the names of the first two families. The BEING clause should read as follows: BEING the same real estate conveyed to Francis J. Marshall, Jr. and Clyde Lee Marshall, as temrnts in common, by deed from Francis J. Marshall and Ann M. Marshall, dated April 15, 1948, recorded, April 21, 1948, in the Clerk's Office, Circuit Court, Frederick County, Virginia, in Dead Book 205 at page 88. Francis J. Marshall, Jr. died, testate, on January 5, 1995. Exemption Provision. This is a deed of conflimation/correction and wliich is exempt from recording tax pursuant to Virginia Code Section 58.1-810(1) and 58.1- 810(2). This conveyance is made subject to recorded conditions, restrictions and casements as the same may lawfully affect the property hereby conveyed. WITNESS the following signature and seal: GTyde Lee Marshall • • BIt88650016 00) yot' 'COMMONWEALTH OF VIRGINIA ) a�,•'' .u' ) to -wit: CIT'/I X OF ) ''�'• y� t'�' 1 he foregm g instrument was personally acknowledged before me in the of s Virginia, this day of August, 1997, by Clyde Lee arshall. My commission expires:KY 7mo�� GRANTEE'S MAILING ADDRESS: Pembroke Cove Properties, L.L.C. c/o Kenneth F. Marshall, Member 219 Moreland Lane Clearbrook, Virginia 22624 0 L1W rABC£ lWhrhnsfar k lycskrn R a I I r n n rl 8I \ V V 6 I U 04 4 7_�_ T-- L 6'_ AM ! ! E.Y. U/G Gas 0 •� Wooden Trailer n v Shad Q pq Wooden STANC£aQ� ! BuAding�r L J6.97'llnodrnC ! zoo. z2^ ry h Shed Shed 127.63 o �` Wooden Shad 76.lr' Onlsnarpr Shed* 45 9a' � Re (} icol) o uB 270 _ p 255 �i 112.1850 Acrco TM 53 Fcl 91 ! Sd SIM6 Trpre• S �•� POST aL7 6J 57gcOp g�'oLeS •h 4 9 pet \' UY£ 01R£C710N DL 11 S 14552B 1V 1 (2 S 143411' IV Li S 14:3— 172 IV ell X, 14 S 0J4112 IY 1.ri N lOY409 £ 16 S 64,1"f' £ 0 M, 14D. TO I.RF Iron Rod Found IRS Iron Rod Set p a Er. Utility Palo —� — EY, lh•erheod Potter We h —9— Ex Cw Lino 2 — i02J• 6Z 1No N 777.6'26' IV +�dpqa3A91i Lillo report furnished. P �r Rull, �r1 2. Easements other then shovin may exist. / np G3pal 20 3. The informallon shown on lhls plat is based upon on oclucl field survey made / �on February 8, 1995. ®U2l�E1I 0, of tb-- ef`f no Rn' :Back (Creep Pv igiaie,q"J— 1 ltrac Iredesi.ck (Ce—u-Intry' �`Vngpndil & ro n/r Gallo w 4W ra JY (1 7574'1 1 Kern,(h r. Menho-7'� ` M GJ " 2A 4 o CERTfF1CnTE N0. ti ' DATE; AUGIJ T ,• Scale: 1"= 00' 1of'0`UISx 19 y: LIAR e�1 r MARSH �n& ]LIEGGL r r: w_. 43269 - -- -*- •ROSEMARY B. EADIE, E`i' VIR �* TO: DEED KENNETH F. MARSHALL, ET UX *�r*;Y*:t*****ic*ir**�:**ik***74t***t st �t •h ki: t 543 245 THIS DEED, made and dated this day of ✓�� �3�'l', 1981, by and between ROSEMARY B. EADIE and JOHN H. EADIE, her husband, hereinafter called the Grantors, and KENNETH F.'MARSHALL and 14ARY L. MARSHALL, his wife, herein- after called the Grantees. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid and other valuable iconsideration, receipt whereof is hereby acknowledged, the Grantors do grant and convey, with General Warranty and with d English Covenants of Title, unto the Grantees, as tenants by 'I i� the entirety in fee simple, with survivorship as at common law, together with all rights, rights of way, privileges, improve- ments thereon, and appurtenances thereto belonging, all the following realty: All of that certain lot or parcel of land lying and being situate in Back Creek Magisterial District, Frederick County, Virginia, located on the Northside of Route 622 also known as Cedar Creek Grade fronting on Cedar Creek Crade for t length of approximately 4021, having approximately 724' on its Eastern boundary, having approximately 295' on its Northern boundary and having approxi- mately 1005, on its Western boundary and containing 7.082 acres, as per plat and survey of Lee A. Ebert, C,L.S., dated November 2, 1981, which is attached hereto and made a part hereof as if set out in full. This is a portion of the same property conveyed to Carroll E. Campbell and Rosemary B. Campbell, who is one and the same as Rosemary B. Eadie, jointly with right of survivorship, from Lanier Gray, et ux, by deed dated June 4, 1957, of record in the Office of the Clerk of the Circuit Court of Frederick County,, Virginia, in Deed Book 247, at Page 159. Carroll E, Campbell died intestate on October 18, 1958, survived by Rosemary B. i Campbell as set forth in the list of heirs of record in the said Clerk's Office in Will Book 63, Page 63. Reference is here made -to the aforesaid plat and survey, deed, and the i references contained therein for a further and more particular SML-Glass description of the property conveyed herein. i H110,.% 0 11A , . nonm .s ar l.n ro 1wm.Im srntlr r ' w uK nlltln vin Gir.i♦ r )X01 i I i ?9'1 543 248 The Accompanying flat is a survey of a Portion of the band conveyed to Carroil E.' Campbell and Rosemary B. Campbell by Deed dated 4June 1957 in toed 3ook 247 l�age 159. The paid land fronts the Northern Boundary Liric (Arc Line) of the Cedar Creek Grade - Virginia ttoute 622, just'. West of the City of Winchester, and lies in Back Creek District, Frederick County, Virginia, Beginning at an iron pin in the !:orthern ooundary Line (Arc Line) of Route•622, a corner to the Roadwar leading to the Marshall Farm, the said Pin being S 370 31, 00" Yi - 35.99 ft. from monursent no. 92 - City. Limits of the City of Winchester, running with the Western Line of the said Roadway, the said Line being parallel to and 20.0 ft. ,lest of the City Limits Line, N 030 4G' OS" T - 727.00 ft, to an iron pin' corner to the >tarshall Lhnd1 thence with a Southern Line of the said Land 1, 75° 36, 27" 291.40 ft. to a post corrxar to 'the G'etai,ned vortionl thence with the Eastern line of the said Other Land s 13° 05' 14" W - 1,037 92 ft. to an iron pin at the 1•.C. in the Northeastern Boundary Line of Route G221 thence with the said Line, with the Arc Line 51C.30 ft. (Chord t: 650 35' 17" li - 515.G0 ft. to the beginning. Containing - - 7.082 Acres Surveyed - - - :overibor 2, 1951 4 P �t4- t o LE_ A. E .ERT f A. /,RGINIA FIEMERECK COUdry, SCf. M Tlris inslrumenl of riling was ,produced to me on the dly of1r %nd with cerli(icate of acknowlLdgnmenl tharoto anaexad w s admitted to record. Tax u! d:c. od• ji. l of 6�2 D and 53.54 have been paid, it aise_aable. jz�� Clerk 543 247 FRANCIS J. MARSHALL. JR. I CLYDE LEE MARSHALL APPROVED: D.B. 205 —p . 86 WINCH ESTER-FREDERICK CO. HEALTH DEPT FREDERICK CO, DEPT OF PLANNING Hc-? LVII IV 75 2 POLK I PIN In 0 j6h4_ I 0 ry (D Q Ill.%. 1N1.*, N')Uflf.A, � -, .tr •ur it; 11 u-sr o; my }, rut I; I. A'X. %N0 "00". f ,N: � tw.illy 'At I A". 2r 0 0 At. )L Apt ,0f(_Is 0 (o LLJ C.L S WiM' FTIEF? VIPOINIA 0 It z �� y(a� !t O Q I U A T cr 7.082 ACRES U) 0 ri uj 0 LAND d U < cn X o u rW cc I. 6c; 01- V-0 0, z b ""s 0 0* C, � SIP/G��� �" ' . I.. • Pam Deeter From: Tyler Klein Sent: Friday, August 5, 2022 4:10 PM To: Pam Deeter Subject: FW: Greystone Properties LLC - rezoning meeting dates irn::lude the email vJ[h the rezoning No, thank you. From: Tyler Klein Sent: Friday, August 5, 2022 4:10 PM To: Chris Mohn <cmohn@greenwayeng.com> Cc: Wyatt Pearson <wyatt.pearson@fcva.us> Subject: Greystone Properties LLC - rezoning meeting dates Chris — good afternoon. As discussed on the phone we have accepted the rezoning application for the above property as a minor proffer amendment, not requiring a public hearing. The application number for future reference is #05-22. The meeting will still need to go before the Planning Commission for a recommendation on Wed. September 7, and before the Board of Supervisors for action on Wed. September 14. We will provide the agenda/staff report in advance of those meetings. Although we did not provide a formal comment letter; the proposed proffer revisions does not impact the previously approved land uses or density; and the use of the property remains consistent with the future long-range plan and Comprehensive Plan for that area of the County. Should you have any other questions at this time, please reach out to me directly. Thank you and have a nice weekend. M. Tyler Klein, AICP Senior Planner Department of Planning & Development Frederick County, Virginia 107 N. Kent Street Winchester, VA 22601 (540)722-8248 i�,leu�2�icvaus FREDERICK COUNTY DEPARTMENT OF PLANNING AND DEVELOPMENT MAP REQUEST DATE RECEIVED: 08/05/22 REQUESTED COMPLETION DATE: 08/31/22 REQUESTING AGENT: Pam STAFF MEMBER: Tyler TYPE OF MAP: Comp Plan Transportation _ Locator ✓ TDR Ag & Forest District CIP Other PIN: 53-A-91 & 63-A-2A DESCRIPTION OF REQUEST: Rez. 1105-22 Greystone Properties, LLC. RP to RP amended proffer Thank You! Submit 40 151 Windy Hill Lane Winchester, VA 22602 GREENWAY ENGINEERING July 29, 2022 Wyatt Pearson, Director Department of Planning and Development Frederick Count-, Virginia 107 N. Kent Street Winchester, VA 22601 RE: Greystone Properties, LLC Age -Restricted Rezoning - Proffer Ainendment Dear Mr. Pearson: Included Nvith dlis correspondence is an application to amend the proffer statement approved with the Grustone Properties, LLC Agc-Restricted Rezoning (Greystone Rezoning), which established the RP, Residential Performance District on two parcels identifiecl as Tax Map #53-A-91 and Tax Map #63-A-2A, totaling approsilriately 119.27± acres. The proposed amendment applies to Paragraph (A)(2) of the approved proffer statement acid seeks to replace the current text with language more closely aligned with federal guidelines governing age -restricted housing. No other provisions of the approved proffer statement are proposed to be amended. As described above, the scope of the proposed proffer amendment is limited to a clarification of the approved language and does not change the use or density originally enabled by the approved Greystone Rezoning. Aloreover, the proposed amendment will not generate impacts to adjoining properties or the surrounding coi-rimunit'. This apphca6on Is therefore being submitted as a proffer airicIldment not requiring a public bearing as enabled by \� 15.2-2302.I3. of the Code of Virginia. Please do not hesitate to contact me should you have any questions concerning this application. Sincerely,' GTCCI V'a� y 1_'i giIlceril1e-11Z. Chri tall ner 1\,I. 1\Iohn, AICP Enclosures Engineers Surveyors Planners Environmental Scientists Laboratory QC Inspection Services Telephone 540-662-4185 Fax 540-722-9528 www.greenwayeng.com File #70I8C/CM NOTIFICATION OF PUBLIC August 24, 2p22 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 TO: THE AIN)LICANT(S) AND/OR ADJOINING PROPERTY OWNERS) RE: REZONINN APPLICATION #05-22 FOR GREYSTONE PROPERTIES, LLC On behalf of the Frede 'ck County Planning Commission, you are hereby notified of a public hearing being held on dnesday, September 7, 2022, at 7:00 pm in the Board Room of the Frederick County Achpinistration Building at 107 North Kent Street, Winchester, Virginia to consider the follo ing application: Rezoning #05-22 of Greystone operties, LLC submitted to amend the proffer statement approved with REZ #02-21 (Gre tone Properties, LLC Age -Restricted). The proposed amendment seeks to replace the cuff t text defining age -restricted with the language more closely aligned with the federal gui lines governing age -restricted housing. No other provisions in the approved proffer state nt are proposed to be amended, and the use and density enabled on the 119.27-acre (RP) sidential Performance zoned subject properties remains unchanged. The properties are locat at 964 Cedar Creek Grade, and are identified by Property Identification Number 53-A-91 d 63-A-2A in the Gainesboro Magisterial District. Citizens wishing to make public comment on a pu is hearing item are strongly encouraged to do so in writing rather than in person at the mee 'ng. Comments on the above may be submitted to the commission via: Electronic commenting on the County website at_����.fcva.us/PCMeetings__(Click on eComment for the September 7.2022, meeting). Email to County staff at kxaccliio a tcva.us or sconncr a icy Mail to Planning Department -September 7, Public Hearin Comments, 107 N. Kent St., Winchester, VA 22601. Include your name, address and magi erial district. In person by calling (540) 665-5651 to arrange to drop off your omments. General inquiries concerning the above item(s) may be addre sed to the Department of Planning and Development between the hours of 8:00 a.m. and :00 p.m. Monday through Friday, 107 North Kent Street, Winchester VA 22601, (540) 665- 651. Any subject files(s), tN) 107 North Kent Strect. Suite 202 • Winchester, Virginia 22601-5000 - IN • including the full text of any ordinance or of any other item(s) to be adopted are available at the Office of Planning and Development or at. �\ \\ \� . I r \ a. w, I'( \ 1 c i i Sincerely. M. Tyler Klein, AICP Senior Planner 0 0 Document Approval Form PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL, PLEASE INITIAL AND PROVIDE THE DATE AND TIME OF YOUR APPROVAL. IF THIS DOCUMENT DOES NOT MEET YOUR APPROVAL, PLEASE PROVIDE COMMEA7S AS TO H HA T YOU If"OULD LIKE TO HA VE COMPLETED. Initials Date & Time dark yler fil —7w S Z Z If John Wyatt Kavla Breton COMMENTS: / "' ���� ���� _ N.�✓��l C !�/�Al1�.vG L�bQ 77oj ,ram-► Received by Clerical Staff (Date & Time): � 5 Z2