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HomeMy WebLinkAbout05-15 Hiatt Run Condos, LLC Stonewall (PIN 44-A-17) - BackfileREZONING TRACKING SHEET clippir i ,ictr Application Form Proffer Statement Impact Analysis Adjoiner List I t- I g-►5 ldnlIS J�j I C, 15 Sys ID # File opened Fee & Sign Deposit Deed Plat/Survey Taxes Paid Statement Reference manual updated/number assigned D-base updated Copy of adjoiner list given to staff member for verification Color location maps ordered from Mapping Application Action Summary updated Planning Commission Meeting ACTION: `60 M)-S Board of Supervisors Meeting 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 Application Action Summary updated File given to Mapping to update zoning map Zoning map amended Proffers recorded RECEIPT RECEIVED FROM f"'�nLt ADDRESS ) ggb0h WL FOR .TE ACCOUNT HOW PAID AMT.OF ACCOUNT CASH AA1L CHECK (�! PAID 11J W BALANCE b10NE1' DUE ORDER 5- NO. 583375 fC�i ' VA act BY C62001 �EPMm. 0 8L818 0 October 29, 2015 Mr. Gary Oates GreyWolfe, Inc. 1073 Redbud Road Winchester, VA 22603 RE: REZONING #05-15 I-IIATT RUN CONDOS, LLC PIN:44-A-17 Dear Gary: 0 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting on October 28, 2015. The above -referenced application was approved to rezone 3.00 acres from the RA (Rural Areas) District to RP (Residential Performance) District with proffers. The property is located on the eastern side of Martinsburg Pike (Route 11) just before Old Charlestown Road (Route 761) in the Stonewall Magisterial District. The proffer statement, originally dated June 24, 2015, with final revision date of October 20, 2015, proffers approved as amended at the Board of Supervisors meeting on October 28, 2015. The proffers were approved as a part of this rezoning application is unique to the above referenced properties and is binding regardless of ownership. Enclosed is a copy of the adopted proffer statement for your records. Pursuant to §165.102.06E, the County Attorney will pl-esent the writtell proffer to the Frederick Comity 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; ,/Michael T. Ruddy, AICP Deputy Director 7 MTR/pd Attachment cc: Charles S. DeHaven, Jr., Supervisor Stonewall District Stan Crockett and Gary R. Oates, Stonewall District Planning Commissioners Jane Anderson, Real Estate Ellen Murphy, Commissioner of Revenue Hiatt Run Condos, LLC, 821 Apple Pie Ridge Road, Winchester, VA 22603 Rod Williams, County Attorney w/Proffer and Resolution 107 North Kent Street, Suite 202 9 Winchester, Virginia 22601-5000 Rezoning: RZ #05-15 Property: Area: 3.000 acres Tax Parcel 44-(A)-17 Record Owner: Hiatt Run Condos, LLC Project Name: Hiatt Run Condos Original Date of Proffers: June 24, 2015 Revised: September 10, 2015 October 20, 2015 Magisterial District: Stonewall Pursuant to Section 15.2-2296 Lt. Seq, of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned owner hereby offer the following proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #_-15 for rezoning of 3.000-acres, as shown on the Generalized Development Plan and Plat of Record as instrument 150008123, from the RA (Rural Areas) Districts to RP (Residential Performance) District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the owner and such are approved by the Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this owner and their legal successors, heirs, or assigns. The Property are more particularly described as the lands conveyed to Hiatt Run Condos, LLC, from SEI Winchester, LLC, as recorded in the Frederick County Circuit Court Clerk's Office as instrument #150000684 dated January 27, 2015, from Vincent L. Lord and Lila T. Lord as recorded in the Frederick County Circuit Court Clerk's Office as instrument 150003035 dated April 7, 2015, and from McCann Family Land Trust as recorded in the Frederick County Circuit Court Clerk's Office as instrument #150008123 dated August 11, 2015. Proffers: Residential Density a. The three (3.000) acre portion of the site shown on the attached Generalized Development Plan as "3.000 Acres to be rezoned from RA to RP" will not contain any residential buildings. All uses for RP on the referenced three (3.000) acre portion of the site are hereby excluded except for community center, manager's office, parking, garages, open space, and recreational amenities for the development. 2. Transportation a. The owner hereby proffers to utilize only the entrances shown oil their approved Master Development Plan "Hiatt Run Condominiums" 804-15. 3. Trails a. The owner hereby proffers to construct a hilce-biker trail with fencing in two phases, to be used by the public upon the completion of the second phase, in a 20' easement on the adjacent property, tax parcel 44-(A)-40. See detail on Generalized Development Plan (GDP). All physical maintenance of the trail, including the fence, shall be the responsibility of the owner, its successors and assigns, and shall be expressly set forth in Iiiturc deeds of conveyance of the property. i. The first phase will begin at McCann's Road (Route 838) and extend in a northerly direction for at least 1750'. This portion will be constructed by July 1, 2018. See GDP. ii. The second phase will complete the remaining 2450' per the attached GDP by July 1, 2021. All of the trail shall be constructed prior to the final occupancy permit of the 120"' apartment unit. 2 • The conditions proffered above shall be binding upon heirs, executors, administrators, assigns, and successors in the interest of the owner and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code and Ordinance. Respectfully Submitted: By: 10 Scott S. Rosenfeld, manager Date Hiatt Run Condos, LLC Commonwealth of Virginia, City/County of ram,-tr To Wit: The foregoing instrument was acknowledged before me this 2 1 clay of By Notary Public f Registration Number My Commission I-xpires OBillio Russ Commonwoelth of Virglnla Notary Publlc Comml8slon No. 7389410 My COMMISSlon Explree 8/31/2019 0 0 • 44-(A)-17 — — i \ Hiatt Run Condos, LLC ` 150000684 i ZONING: RP ` \ USE: 120 APARTMENTS 14.488 ACRES PHASE 1 - 1750' U THE TRAIL DESIGN SHALL BE APPROVED BY FREDERICK COUNTY AND THE OWNERS OF 44-(A)-40. THE TRAIL SHALL INCLUDE ANY CUL VERTS NECESSARY FOR DRAINAGE. \3.000 ACRES TO BE REZONED FROM RA TO RP �qp> - - - - +/- 4200'-TRAIL WITHIN A 20' ESMT PHASE 1 - - - - �••, �.� Pc� _ _ _ \ \ BRIDGE OVER STREAM _ -I \ HIATT RUN \ PER FEMA YR FLOOD PLAIN � � •� \ � 100 I � � 44-(A)-40 FENCING SHALL BE McCann Family Land Trust \ CONSTRUCTED WITH 5 -6 010012943 ZONING: RA TREATED POSTS SET TWELVE USE: AGRICULTURE �i` (12') ON CENTER AND BRACED 195 ACRES / / WITH 2" STEEL PIPE AND 9 �� GAUGE WIRE AT CORNERS, I ANGLE POINTS, AND EVERY J 120 FEET ON STRAIGHT RUNS 0 a 0 ti 0 W W v 20' PEDESTRIAN EASEMENT v W 2" OFSM-12.5A ASPHALT 6" OF 21 B STONE - COMPACTED TO 95% TRAIL AND FENCE DETAIL NOT TO SCALE THE WIRE SHALL BE 47" TALL GALVANIZED AMERICAN WIRE TYPE FENCING WITH 9" STAYS AND 10 GAUGE TOP AND BOTTOM STRANDS. A SINGLE STRAND OF MOTTO BRAND BARBED WIRE SHALL BE INSTALLED 4"ABOVE THE AMERICAN WIRE. NEW FENCE SHALL BE INSTALLED PRIOR TO THE REMOVAL OF ANY EXISTING FENCING. I FUTURE ENTRANCE - TRAIL CROSSING k. 1 � / � 1 / I 1 CSI RAILROA / / I ■ �k rn o� C p o o0 N c � � U L - C eo v oN� U j18, CD U-) v h 0 Cz J — ,V J S j cas- z Q LIJ N LLJ .r LIJU 34 v z � Q 0 (Yj � DATE: JUNE 24, 2015 SCALE: V=250' DRAWN BY: GRO JOB NO. #0432 REZONING APPLICATION #05-15 HIATT RUN CONDOS, LLC Staff Report for the Board of Supervisors Prepared: September 25, 2015 (Updated October 9, 2015) Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director Reviewed Action Planning Commission: 10/07/15 Recommended Approval Board of Supervisors: 10/28/15 Pending PROPOSAL: To rezone 3.00 acres fi-om the RA (Rural Areas) District to RP (Residential Performance) District with proffers. LOCATION: The property is located on the eastern side of Martinsburg Pike (Route 1 1) just before Old Charlestown Road (Route 761). EXECUTIVE SUMMARY & PLANNING COMMISSION RECOMMENDATION FOR THE 10/28/15 BOARD OF SUPERVISORS MEETING: This request to rezone three acres fi-om the RA (Rural Areas) District to the RP (Residential Performance) District would appear to be appropriate wlicn considering the limitations on the residential use of the property provided in the Applicant's proffer statement (the Applicant has proffered that no residential structures are to be located on the property), and the adjacent residential development, recently approved by the County, into which this property has been adjusted. The adjacent residential development is the Hiatt Run Condominium project. There are no anticipated issues or additional impacts associated with this proposed rezoning request, most particularly, as no additional residential uses or buildings will be constructed on the three acres subject to this rezoning request. While the residential land use proposed Nvith this plan is inconsistent with the Northeast Land Use Plan, as it is outside of the UDA, it can be said that the environmental and recreation land use components of the application are in line with the 2030 Comprehensive Plan and the most recent McCann -Slaughter Amendment to the Northeast Land Use Plan. The majority of the subject property is currently zoned RP (Residential Performance) District. This three acre minor portion of the property was recently incorporated into the property by a Boundary Line Adjustment. Further, the Master Development Plan for the Hiatt Run Condominiums immediately to the west of this property (and now incorporated into the property) was approved meeting all County standards. The subject property is also located within the SeNver and Water Service Area (SWSA). The rezoning application with its proffered conditions, appear to be an appropriate land use. The PlanningT Commission did not identify any issues or concerns with the request and recommended approval of this request. following the required public hearing,,, a declb7on regarding, thi.y rezoning application by the Board of Supervisory would be appropriate. Tlie applicant should be prepared to adeguately address all concerns raised by the Board of Supervisors. 0 • Rezoning 1105-15 Hiatt Run Condos, LLC October 9, 2015 Page 2 This report is prepared by the Frederick County PIr111111/Jg Staffto provide infol•Illation to the Planning Commission and the Board of'Supervisors to assist them ut making a decision on this application. It may also be useful to others interested in this zolling Mattel'. Unresolved issues concerning this application are noted by staff where relevant throughout this Staff report. Reviewed Action Planning Commission: 10/07/15 Recommended Approval Board of Supervisors: 10/28/15 Pending PROPOSAL: To rezone 3.00 acres from the RA (Rural Areas) District to RP (Residential Performance) District with proffers. LOCATION: The property is located on the eastern side of Martinsburg Pike (Route 1 1) just before Old Charlestown Road (Route 761). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 44-A-17 PROPERTY ZONING: PRESENT USE: Vacant RA (Rural Areas) District ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Vacant/Agriculture South: RA (Rural Areas) Use: Residential East: RA (Rural Areas) Use: Vacant/Agriculture West: RP (Residential Performance) Use: Residential 0 • Rezoning #05-15 Hiatt Run Condos, LLC October 9, 2015 Page 3 REVIEW EVALUATIONS: Public Works Departinent: We do not have any comments concerning the proposed rezoning. Frederick County Park & Recreation: Parks and Recreation supports the proffers identified in the rezoning request. Frederick County Attorney: Please see attached ICttel- f -oln Rod lf'illlams, dated August 11, 2015. Planning, & Zoning: 1) Site Hist01'y The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) depicts the zoning for the subject parcel as A-2 (Agricultural General) District. The County's agrlCUltUral zoning districts were combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re -mapping of the subject property and all other A-1 and A-2 zoned land to the RA District. In 2015 a Master Development Plan MPD 1104-15, the Hiatt Run CondomtntLlmS Master Development Plan, was approved by the County that enabled the development of 120 units contained within eight garden apartment buildings. A Boundary Line Adjustment Plat was approved that incorporated this three acre parcel into the Hiatt Run property on July 29, 2015. 2) Comprehensive Policy Plan The 2030 Comprehensive Plan is the guide for the future growth Of Frederick County. Land U.ve. The 2030 Comprehensive Plan and the Northeast Frederick Land Use Plan provide guidance on the fixture development of the property. The property is located within the Sewer and Water Service Area (SWSA). It is located outside of the Urban Development Area (UDA). The 2030 Comprehensive Plan identifies the general area surrounding this property with a Developmentally Sensitive Area (DSA) designation, and in the area immediately east of this property, with an OM (Office Manufacturing) District land use designation. In general, the proposed residential land use would be inconsistent with the current land use plan. However, it is recognized that the proposed residential project immediately to the west of this three acre property was rezoned and master planned for residential uses with the approval of the County, (this property was previously within the UDA). Further, the proffered recreational context and environmental preservation proposed for this properly would be consistent with the current land use supported by the Comprehensive Plan. As noted, the Northeast Frederick Land Use Plan Rezoning 1105-15 Hiatt Rim Condos, LLC October 9, 2015 Page 4 continues to promote such environmental and recreational land uses in this area through the DSA designation. Careful consideration was given to ensure that no additional residential density would be permitted based on this rezoning and that no residential land uses would be permitted within this area to be rezoned. This would be inconsistent with the land use plan. As proposed in the proffer statement, no residential buildings will be located On these three3 acres. Therefore, no additional residential density may be gained with the rezoning Of this property. It should be recognized that uses accessory to the residential development would still be permitted if this property is rezoned. As noted in the proffer statement, this may include a community center, manager's office, parking, <parages, open space, and recreational amenities. 4) Potential Impacts Site Access and Transportation. Access to the site will be via the Hiatt Run COn(1onliniunl project immediately to the west and more specifically, through the two entrances Shown On the approved Master Development Plan for Hiatt Run Condominiums. Enyiromnent. Hiatt Run, a tributary to Opequon Creek, flows through the southern portion of parcel 44-A-17. There is a zoning ordinance requirement for a riparian buffer along natural waterways in Frederick County. No development Or land disturbance is permitted in a riparian buffer, other than the recreational area and trails within the open space for this development. Floodplains also exist on the property. 5) Proffer Statement A) Allowed Uses: The Applicant has proffered that the three acres that will be rezoned will not contain any residential uses. In addition, all other uses in the RP (Residential Performance) District have been excluded with the exception of a community center, manager's office, parking, garages, open space, and recreational amenities. B) Access Management and Transportation: The Applicant has committed to utilize for access to the property, the two entrances shown On the approved Master Development Plan for the Hiatt Run COnClOnllmUMS, MDP #04-15. Therefore, there will be no additional access to this site via McCanns Lane Or Martinsburg Pike. C) Site Development: The Applicant has proffered to construct a public hiker/biker trail, the location of which is shown on the Generalized Development Plan for this site included in the proffer statement. The public trail is actually located on the adjacent property within a proposed 20' easement. In ! 9 Rezoning 05-15 Hiatt Run Condos, LLC October 9, 2015 Page 5 conjunction with the trail, a fence will be constructed by the Applicant. It is recognized that the trail and fence will be conducted in two phases; Phase One to be completed by July 1, 2018, and Phase Two to be completed by July 1, 2021 or prior to the final Certificate of Occupancy Permit of the 120°i apartment unit in the Hiatt Run project located on this property. STAFF CONCLUSIONS FOR THE 10/07/15 PLANNING COMMISSION MEETING: This request to rezone three acres fi-om the RA (Rural Area) District to the RP (Residential Performance) District would appear to be appropriate when considering the limitations On the use of the property provided in the Applicant's proffer statenicnt and the adjacent residential development, recently approved by the County, into which this property has been adjusted. There are no anticipated issues or additional impacts associated Nvith this proposed rezoning request, most particularly, as no additional residential uses or buildings will be constructed on the three acres subject to this rezoning request. While the residential land use proposed with this plan is inconsistent with the Northeast Land Use Plan, as it is Outside of the UDA, it can be said that the environmental and recreation land use components of the application are in line with the 2030 Comprehensive Plan and the most recent McCann -Slaughter Amendment to the Northeast Land Use Plan. The majority of the subject property is currently zoned RP (Residential Performance). Further, the Master Development Plan for the Hiatt Run Condominiums immediately to the west of this property (and now incorporated in to the property) was approved meeting all County standards. The subject property is also located within the Sewer and Water Service Area (SWSA). Any issues brought forth by the Planning C01111111SS1011 should be appropriately addressed by the applicant. EXECUTIVE SUMMARY & PLANNING COMMISSION RECOMMENDATION FOR THE 10/28/15 BOARD OF SUPERVISORS MEETING: This request to rezone three acres from the RA (Rural Areas) District to the RP (Residential Performance) District would appear to be appropriate when considering the limitations on the residential use of' the property provided in the Applicant's proffer statement (the Applicant has proffered that no residential structures are to be located on the property), and the adjacent residential development, recently approved by t11e County, into which this property has been adjusted. The adjacent residential development is the Hiatt Run COndonllnllllll project. There are no anticipated issues or additional impacts associated with this proposed rezoning request, most particularly, as no additional residential uses or buildings will be constructed on the three acres subject to this rezoning request. While the residential land use proposed with this plan is inconsistent with the Northeast Land Use Plan, as it is outside of the UDA, it can be said that the environmental and recreation land use components Of the application are in line with the 2030 Comprehensive Plan and the most recent McCann -Slaughter 0 i Rezoning 1105-15 Hiatt Run Condos, LLC October 9, 2015 Page 6 Amendment to the Northeast Land Use Plan. The majority of the subject property is currently zoned RP (Residential Performance) District. This three acre minor portion of the property was recently incorporated into the property by a Boundary Line Adjustment. Further, the Master Development Plan for the Hiatt Run Condominiums immediately to the west of this property (and now incorporated into the property) was approved meeting all County standards. The subject property is also located within the Sewer and Water Service Area (SWSA). The rezoning application with its proffered conditions, appear to be an appropriate land use. The Planning Commission did not identify any issues or concerns with the request and recommended approval of this request. Following- the required public hearing,, a deGSlon re rardin,,r this rezoninf,, application by the Board of'Supervisors would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Board of'Supervisors. Rezoning: Property: Record Owner: Project Name: Original Date of Proffers: Revised: Magisterial District: RZ # -15 Area: 3.000 acres Tax Parcel 44-(A)-17 I-Iiatt Run Condos, LLC Hiatt Run Condos June 24, 2015 September 10, 2015 Stonewall Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned owner hereby offer the following proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #= 15 for rezoning of 3.000-acres, as shown on the Generalized Development Plan and Plat of Record as instrument 150008123, from the RA (Rural Areas) Districts to RP (Residential Performance) District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the owner and such are approved by the Board of Supervisors in accordance with the Said Code and Zoning Ordinance. In the event that such rezoning IS not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers Shall be binding Upon this owner and their legal SL1cccssors, heirs, or assigns. The Property are more particularly described as the lands conveyed to Hiatt Run Condos, LLC, from SEI Winchester, LLC, as recorded in the Frederick County CirCUit Court Clerk's Office as instrument 11150000684 dated .Ianuary 27, 2015, from Vincent L. Lord and Lila T. Lord as recorded in the Frederick County Circuit Court Clerk's Office as instrument 150003035 dated April 7, 2015, and from McCann Family Land TrUst as recorded in the Frederick County Circuit Court Clerk's Office as instrument #150008123 dated August 11, 2015. 0 • Proffers: Residential Density a. The three (3.000) aCI'C portion of the site shown oil the attached Generalized Development Plan as "3.000 Acres to be rezoned from RA to RP" will not contain any residential buildings. All uses for RP on the referenced three (3.000) acre portion of the site are hereby excluded except for community center, manager's Office, parking, garages, open space, and recreational amenities for the dcvclopillent. 2. Transportation a. The owner hereby proffers to utilize only the entrances shown on their approved Master Development Plan "Hiatt RLIII C011CIolllllllllllls" #04-15. 3. Trails a. The owner hereby prof�f�crs to construct a hike -biker trail with fencing in two phases, to be used by the public, in a 20' casement on the adjacent property, tax parcel 44-(A)-40. Sec detail on Generalized Development Plan (GDP). All physical maintenance Of the trail, IIICILId1Ilg the fence, shall be the responsibility ol' the owner, its successors and assigns, and shall be expressly set forth in future deeds of conveyance of the property. i. The first phase will begin at McCann's Road (Route 838) and extend in a northerly direction for at least I750'. This portion will be constructed by July 1, 2018. See GDP. ii. The second phase will complete the remaining 2450' per the attached GDP by July 1, 2021. All of the trail shall be constructed prior t0 the final occupancy permit of' the 120"' apartlllCllt unit. a • The conditions proffered above shall be binding upon heirs, executors, administrators, assigns, and SLICCCSSors in the Interest ofthe owner and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conclitions, the proffered conclitions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code and Ordinance. Respectfully Submitted: By: Jvtk Scott S. Rosenfeld, manager Hiatt Run Condos, LLC Commonwealth of Virginia, City/County of fo Wit: 1---10—� Date The foregoing instrument was acknowledged before me this L clay of ,, [J , 7 , 20 / 5 By bj0 n cam`--ro v l 0(V 5 9 V/ Notary Public Registration Number My Commission Expires G:.Tgy'' PUBLIC *" •• REG. #365941 _ C--, MY COMMISSION CD ' EXPIRES ���0,,yFgrLT H� OF J��•` 0 • r COUNTY of FREDERICK Department of' Planning and Development 540/ 665-5651 Pax: 540/ 665-6395 TO: Gary Oates GreyWolfe, Inc. FROM: Michael T. Ruddy, AICP Deputy Director RE: Rezoning Comments: Hiatt R1111 Condos, LLC Rezoning. PIN 44-A-17. DATE: August 17, 2015 The following comments are offered regarding the Hiatt Run Condos, LLC Rezoning Application. This is a request to rezone 3 acres from RA (Rural Area) to RP (Residential Performance) with Proffers. The review is generally based upon the proffer statement dated June 24, 2015, and the hnpact Analysis Statement dated June 29, 2015. Prior to formal submission to the County, please ensure that these comments and all review agency comments are adequately addressed. At a 11111111111n11, a letter describing how each of the agencies and their comments have been addressed should be included as part of the submission. General 1) The submission fee for this application would total $10,300.00, based upon acreage of 3 acres. Land Use 1) The 2030 Comprehensive Plan and the Northeast Frederick Land Use Plan provide guidance on the future development of the property. The property is located within the Sewer and Water Service Area (SWSA). It is located outside of the Urban Development Area (UDA). The 2030 Comprehensive Plan identifies the general area surrounding this property with a Developmentally Sensitive Area designation, and in the area immediately east of this property, with an OM (Office Manufacturing) land use designation. In general, the proposed residential land use would be inconsistent with the current land use plan. However, it is recognized 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 0 0 Hiatt Run Condos, LLC Rezoning August 17, 2015 Page 2 that the proposed residential project immediately to the west of this 3 acre property was rezoned and master planned for residential uses with the approval of the County (this property was previously within the UDA). Further, the recreational context and environmental preservation proposed for this property would be consistent with the current land use supported by the Comprehensive Plan. As noted, the Northeast Frederick Land Use Plan continues to promote such environmental and recreational land uses in this area through the DSA designation. Careful consideration should be given to ensure that no additional residential density would be permitted based on this rezoning and that no residential land uses would be permitted within this area to be rezoned. This would be inconsistent with the land use plan. As proposed, no residential buildings will be located on these 3 acres. However, uses accessory to the resiclential development would still be permitted if this property is rezoned. Ultimately, the Board of Supervisors will determine if this proposal to rezone the property to residential to allow uses accessory to the residential uses would be appropriate. Impact Analysis and Proffer Statements Please address the following items fi-om the Impact Analysis and Proffer Statements prepared for this Application. I ) Please provide a plat of rezoning showing the metes and bounds of the area being rezoned. 2) Please revise the hnpact Analysis and Proffer Statement to be specific to only the three acres. This would help avoid any confusion when discussilig the request. 14.88 acres is noted. In addition, improvements are proposed, and the GDP identifies, improvements on the adjacent property to the west. 3) It would be helpful to disellsS the adjacent residential project in the Impact Analysis in a separate section and describe what the approval of this property would enable the residential project to provide that it would not be able to if this parcel was not included. 4) Within the 3 acres, it would be helpfid to understand the amount of physical development that would occur, including areas of structures, any kind of buffering that would be proposed or required, setback areas, and area within the floodplain. 5) The sections on Comprehensive Planning and Historical Impact should be updated based upon the McCann -Slaughter revision to the 2030 Comprehensive Plan. 6) The right-of-way dedication on the north end of the property should be identified as part of this request. It appears as though the anticipated right-of-way along Route 1 1 is consistent with that envisioned for the McCann -Slaughter project 11 n Hiatt Run Condos, LLC Rezoning August 17, 2015 Page 3 which has yet to be submitted. 7) The Proffer Statement appears to illClude language describing the adjacent project and details about an agreement between property owners. This Should be limited to the extent possible within the proffer statement. 8) With regards to the Proffer Statement, I would suggest the following: i. P1.Offel- 1. should just address land use on the 3 acre property and IIOt ilICIUCIC the III -St two SCIItClICCS. ii. The GDP Should be specifically identified and proffered. This could also be located in a land use section. iii. That any commitment to proffer improvements on an adjacent property includes recognition from that property owner in some form. iv. The phasing of any improvement is realistic in time frame and its completion tied to final Certificate of Occupancy for the project that it is associated to and in this case the residential development. Otherwise, this is merely copying a commitment that may be made by others in the flltlll-e for credit with this application. In conclusion, please ensure that the above comments, and those offered by the reviewing agency are addressed. MTR/pd 0 COUNTY of FREDERICK Roderick B. Williams County Attorney S 540/72.2-8383 . Fax .540/667-0370 &rrrait: rwillia@co.frederick.va.us . August 1 l , 2015 . .VIA El -MAIL AND REGULAR MAIL Mr. Gary Oates GreyWolfe,.lric. 1013 Redbud Road Winchester, VA 22603 . Re: Rezoning Application — Hiatt Run Condos Proffer Statement dated June 24, 2015 Dear Gary: You have submitted to Frederick County for review the abovd-referenced proffer statement (the "Proffer Statement") for the proposed rezonng of a portion of Tax Parcel Number 44-A-17, as proposed'to be consolidated (the "Property"), tlae rezoning area: being 3.00 acres, more or less, in the Stonewall Magisterial District,`from theRA.(Rural . Areas) District to the RP (Residential Performance) District, with proffers. I have now reviewed the Proffer Statement and it is my opinion that the Proffer Statement would be in a form to ri .cct the requircrxients of the,Fredcrick County Zoning Ordinance arrd .the Code of Virginia, and would be legally,suflicient as a proffer staterent, subject to the following eorinrnents: • I note that the rezoning involves acreage'that is to be added via a bouiidary,litie adjustment (BLA). Obviously, the BLkwill need to be completed and appropriate documents recorded prior to submission of.thc rezoning application• • ..Introduction; 1st paragraph — In the reference to tlic "rezoning of 3.000-acmes would be appropriate to indicate as well :thaf the rezoning area is as is showia on the attached Generalized Development Plan:., Along sirriilar lines, it would be appropriate; for clarity; .for the full iiietes and boulids of the rezoning area to lie shown on some document that is part of the Proffer Stateriient. • Proffer 1.6. = For clarity, .the second sentence would hest read, "The three (3.000) acre portion of the site shown on the attached Generalized Development Plan as . . `3.000 Acres to be rezoned fiom RA to RP' will not contain any residential 107 North Kent Street Winchester, Virginia 22601 • i Mr. Gary Oates August 11, 2015 Page 2 buildirigs." I ikewise, the third sentenceshould' start, "All uses for RP oil the referenced three (3.000) acre portion of the site are hereby excluded except . for... ". Proffer 2 —The proffer should refer to the specific date and title of the Master Development Plan. o Proffer 3 - Staff and the owner should be aware that the proffer'§ obligations to construct an improvement = the trail - on property not owned by the owner will therefore`be subject to the fulfillrrient'of contractual arrangements to lie iho& with a third paity::.Any failure 'to reach necessary agteeileilts and/or any breaches of those agreements, including bythird parties, could result in the owner of the Property being subject to zoning ;violations and/or could result in the inability to develop or continue development of tlic:Properiy..: ,Pro ffer.3.a:ii. The proffer does`not.state an obligation that is enforceable by any means other than the filing of a zoning violation case,. as tax parcel 44-Aw40 is not subject to the curieiitly proposed rezoning and it is develOmoiit on that parcel which trigg eri the obligation in this proffer. .: I.ha�ve -iot reviewed the substance ofthe.proffers as to vvhetheir the proffers are. suitable aiid appropriate for this specific development, as xny uiiderstanding is that'review will be done by staff and the Planning Commission. Si Roderic B. Williams County Attorney cc: Michael T. Ruddy, Deputy birector of Planning & Development, Frederick County (via e-mail) 207 ERERI'R0 CX Im Fe 'mo MIFID 44- 1 i w a 414 REZ 05- 15 Oft off 0 ^� 4 applications t Parcels .- SlIN/ Building Footprints B1 (Business. Neighborhood District) B2 (Business. General Distrist) , B3 (Business. Industrial Transition District) EM (Extractive Manufacturing District) HE (Higher Education District) M1 (Industrial, Light District) M2 (Industrial, General District) MH1 (Mobile Home Community District) MS (Medical Support District) OM (Office - Manufacturing Park) R4 (Residential Planned Community District) R5 (Residential Recreational Community District) RA (Rural Area District) RP (Residential Performance District) I �P f: bAcc .. S RO 11 REZ >i JS - 15 Hiatt Run Condos LLC PIN: 44-A-17 RA to RP 0 160 320 Note: Frederick County Dept of Planning 8Developments 107 N Kent St Suite 202 Winchester, VA 22601 540 - 665 - 5651 Map Created: September 14. 2015 Staff: mruddy 640 Feet 1� n �D- 0 4 `7 !- • Millie — ;A 1 • w V" CCANNSRO 11 L / ? Note: REZ # 05 - 15 Frederick County Dept of Hiatt Run Condos Planning & Development LLC 107 N Kent St PIN: Suite 202 e 44 - A - 17 Winchester, VA 22601 RA to RP 540 - 665 - 5651 Map Created: September 14. 2015 Staff: mruddy 0 160 4 320 640 feet i 1��{ �. 2279 / MARTINSRURG IIKE 22— 195 22S9 MARTINSRURG, n 2239 MARTINSRURG PIKE 11 ERERT RD 2152 MARnNswRG ►KE 102 MCC-ANNS RD 21�5 tTiNSRURG KE 21SR ARTINSRURG 2112 ME 1G AR'NWE . , 2126 2112 ' MARTINSRURG ARTINSWRG P•RCE � SM(E 6;m Building Footprints B1 (Business. Neighborhood District) B2 (Business. General Distrist) B3 (Business. Industrial Transition District) EM (Extractive Manufacturing District) HE (Higher Education District) M1 (Industrial. Light District) M2 (Industrial. General District) MH1 (Mobile Home Community District) MS (Medical Support District) OM (Office - Manufacturing Park) R4 (Residential Planned Community District) R5 (Residential Recreational Community District) RA (Rural Area District) RP (Residential Performance District) 17- 4146/ 1- O ;p r? OR3 �m REZ05-15 C,gN��f �• Note: REZ # 05 - 15 Frederick County Dept of Hiatt Run Condos LLC 1107nNiKe t Development St PIN: Suite 202 e 44 -A - 17 Winchester. VA 22601 RP to RA 540 - 665 - 5651 Mop Created: September 14, 2015 Staff: mruddy 0 160 320 640 Feet REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be conrpleled by Planning Stgff: dv Tee Amount Paicl $ t Zoning Amendment NUmber C)cJ_ 15 Date Received C` I I ( I PC Hearing Date — BOS Hearing Date The following informalion shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: GreyWolfe, Inc. - Gary R. Oates Telephone: (540) 667-2001 Address: 1073 Redbud Road, Winchester, VA, 22603 2. Property Owner (if different than above): Name: Hiatt Run Condos, LLC 'Telephone: (540) 247-6218 Address: 821 Apple Pie Ridge Road Winchester, VA 22603 3. Contact person if other than above: Name: Gary R. Oates Telephone: (540) 667-2001 4. Property Information: a. Property Identification Number(s): 44-(A)-17 b. Total acreage to be rezoned: 3.000 acres C. Total acreage of the parcel(s) to be rezoned (if the entirety of the parecl(s) is not being rezoned): 14.488 acres d. Current zoning designation(s) and acreage(s) in each designation: 11.488 RP, 3.000 RA C. f. Proposed zoning designation(s) and acreagc(s) in each designation: 14.488 RP Magisterial District(s): Stonewall 12 5. Checklist: Check the following Items that have been Included with this application. Location neap _ Agency Comments Plat _ _ Fccs Deed to property _ _ Impact Analysis Statement Verification of taxes paid _ _ Proffer Statement Plat depicting exact meets and bounds for the proposed zoning district _ Digital copies (pdf s) of all submitted documents, maps and exhibits _ 6. The Code of Virginia allows us to ►•equest full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: Scott S. Rosenfeld, manager James Haslle, member 7. Adjoining Property: PARCEL Ill NUMBER USE ZONING 44-(A)-7, 8, 11,13,14,15, 16 Residential RP 44-(A)-40 Agricultural RA 44-(A)-12 Industrial M-2 44-(A)-18, 20, 24 Residential RP 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and routC I1LI111bers): Eastern side of Martinsburg Pike (Route 11) just before Old Charlestown Road (Route 761) 13 9. The following information should be provided according to the type of rezoning proposed: Single Family homes: 0 Non -Residential Lots: 0 Office: Retail: Restaurant: Commercial: 10. Signature: Number of Units Pro of sed Townhome: 0 Multi -Family: 0 Mobile Home: 0 Hotel Rooms: 0 Square Footage of Proposed Uses Service Station: Manufacturing: _ Warehouse: 0 Other: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s): /J /L Date: Date: Owner(s): Date: Date: 14 0 46 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.co.frederick.va.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 I (We) (Name) Scott S. Rosenfeld, manager for Hiatt Run Condos, LLC (Phone) 540-247-6218 (Address) 821 Apple Pie Ridge Road, Winchester, VA 22603 the owner(s) of all those tracts or parcels of land ("Property") conveyed to rile (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 150000684 on Page , and is described as Parcel: Lot: Block: Section: Subdivision: do hereby make, constitute and appoint: (Name) Gary R. Oates, LS-B, PE (Phone) 540-667-2001 (Address) 1073 Redbud Road, Winchester, VA 22603 To act as my true and lawful attorney -in -fact for and in Illy (Our-) name, place and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: Rezoning (including proffers) Conditional Use Permit Master Development Plan (Preliminary and Final) _Subdivision Site Plan Variance or Appeal My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) have hereto set illy (our) hand and seal this 1 a day of J.v� , 20!•S , Signature(s) State of Virginia, Lily/County of �� c�',c_ 1~1 To -wit: — _V- 1< sc�-Jc;\a a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument personally appeared before rile and has ackn edged the same befor me in the jurisdiction aforesaid this �Mday of Anne , 20 1,S . / 1 My Commission Expires: �otaiyPubric Impact Statement For consideration of Rezoning the lands for Hiatt Run Condos, LLC Stonewall Magisterial District Frederick County, Virginia June 29, 2015 Rcviscd: Sept. 10, 2015 Tax Map Numbers 44-(A)-17 Land to be Rezoned: 3.000 acres Owner of Record: Hiatt Run Condos, LLC 821 Apple Pic Ridge Road Winchester, VA 22603 (540) 247-6218 Contact: Gary R. Oates, LS-B, PE Grey Wolfe, Inc. 1073 Redbud Road Winchester, VA 22603 (540) 667-2001 ofc (540) 545-4001 fax �J Introduction Hiatt Run Condos The site is located on the eastern side of Martinsburg Pike (Route 11) and south of Old Charlestown Road (Route 761). The parcel is currently split zoned RP and RA. The RP portion is Master Planned for 120 apartments units (MDP #04-15 "Hiatt Run Condominiums". The goal of this proposal is to rezone the newly acquired 3.000 acres from RA to RP. This will allow the owner to develop garages and recreational amenities for the apartment complex. The owner is offering a proffer to keep the current number of units the same. This rezoning will not create additional density, nor will it allow any residential units to be placed on the 3.000 acre portion. There is not an increase in traffic nor other detrimental impacts on the County. If the rezoning is denied, the development of the 120-unit apartments will still occur under the approved Master Development Plan, but will do so without the benefit amenities such as garages, pool, tennis courts, etc. due to limited space. Existing Conditions The 3.000 acre is currently used for agriculture. The stormwater drains generally to the east to Hiatt Run. Comprehensive Planning The site was removed from a DSA designation in 2014. This particular area is now planned for trails and minimal development. The applicant is proffering to construct and maintain approximately 4200' of 10' wide hiker -biker trails that will be available for the public. Proposed Development The site will be used for only community center, manager's office, parking, garages and recreational amenities. There will not be any residential units on the 3.000 acres. Physical Impacts A portion of the site is located within the 100 year flood plains per FCMA Flood Map No. 51069CO250D. This area will either be utilized for trails and recreational amenities. It may also be utilized for water quality measures, or BMP's, to protect I-Iiatt Run from any runoff associated Nvith development per Frederick County Zoning Ordinance. SurroUnd111<" Properties The site is bounded to the west by Martinsburg Pike (route 1 1) and by the McCann Family Land Trust or all other sides. Traffic Impact and Analysis There is no increase in traffic from this proposed rezoning application. Sewer Conveyance and Treatment There is no increase in sewage from this rezoning application. Water Supply There is no increase in water usage from this rezoning application. Drainage The stormwater IIIIIOff dl'a1nS to the east into Hiatt Run. The applicant will be required to implement BMP's and other devices to inset the Commonwealth of Virginia's requirements as required by DEQ. Solid Waste Disposal The Civil Engineering Reference Manual, 4°i edition, uses a rate of 5.4 cubic yards per 1,000 square feet of floor area. I-Iowever, there are no residential units proposed. The applicant will be responsible for the maintenance of the trails and regular garbage collection will utilize the existing dLI111psters within their proposed development. Historical Impact The site was 111ClUded in ameIldmcnt in 2014 to the 2030 Comprehensive Plan for the McCann -Slaughter properties. The area to the north is known as Stephenson Depot and is noted in Battlefield Network Plan dated February, 1997, and indicates the core area for preserving lies within the buffer area north of Hiatt Run. This development will provide trails to the area, similar to the trails at the Third Battle of Winchester Park. Educational Impact This application will not create additional students for the schools. Police, Fire, and Rescue hnpact This application will not create additional impacts. 2 Parks & Recreation Impact This application will not increase population; therefore, no measurable impacts are predicted. The construction of the trails and open space available to the public should have a positive impact. Soils The soil types identified on the General Soil Map of the Soil Survey of Frederick County, Virginia are Carbo-Oaklet-Rock Outcropping (47C) and Carbo-Oaklet Silt Loams (432B) as shown on map sheet 19. These soil types are clay with an abundance of limestone rock. The characteristics of this soil are manageable for development following the Virginia Erosion and Sediment Control practices. Geology This area is also known for karst topography. Care should be taken to explore for sinkholes and caverns prior to any excavation or development. SITE 41, -4 yeti FINAL PLAT OF LOT CONSOLIDATION, EASEMENT DEDICATION, AND BOUNDARY LINE ADJUSTMENT OF TAX PARCELS 44-(A)-171 44-(A)-10, & 44-(A)-40 STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA JUNE 18, 2015 SURVEYORS CERTIFICATE C-) w 6N ►,i1 VICINITY MAP I" = 2000' I HEREBY CERTIFY THE PARCELS CONTAINED IN THIS LOT CONSOLIDATION, EASEMENT DEDICATION, AND BOUNDARY LINE ADJUSTMENT ARE THE LANDS CONVEYED TO HIATT RUN CONDOS, LLC; FROM SEI WINCHESTER, LLC. BY DEED DATED JANUARY 27, 2015, OF RECORD AS INSTRUMENT 150000684. TO HIATT RUN CONDOS, LLC.; FROM VINCENT L. LORD AND LILA T. LORD BY DEED DATED APRIL 7, 2015, OF RECORD AS INSTRUMENT 150003035. TO MCCANN FAMILY LAND TRUST BY DEED DATED JULY 1, 2001, OF RECORD AS INSTRUMENT 010012943, ALL INSTRUMENTS RECORDED IN THE FREDERICK COUNIY CIRCUIT COURT CLERKS OFFICE, JC) GARY R j OA FES, LAND SURVEYOR NOTES 1. A FIELD SURVEY WAS PERFORMED BY GREYWOLFE, INC. IN DECEMBER, 2014. 2. A TITLE REPORT HAS NOT BEEN FURNISHED; THEREFORE, OTHER EASEMENTS OR ENCUMBRANCES MAY EXIST THAT ARE NOT SHOVIN ON THIS PLAT. 3. THIS PARCEL IS LOCATED ON FLOOD INSURANCE RATE MAP No. 51069CO250D IN FLOOD ZONE A, AREAS SUBJECT TO INUNDATION BY THE 1 % ANNUAL CHANCE FLOOD, AND FLOOD ZONE W, AREAS DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOODPLAIN, DATED SEPTEMBER 2, 2009. 4. THERE WAS NO READILYAPPARENT EVIDENCE OFA CEMETERY WITHIN CLOSE PROXIMITY TO THE BOUNDARY LINES. 5. A 50' GENERAL ACCESS EASEMENT IS HEREBY DEDICATED TO THE MCCANN FAMILY LAND TRUST FOR INGRESS -EGRESS, GRADING, DRAINAGE, MAINTENANCE, UTILITIES, AND SIGNAGE. FURTHERMORE., HIATT RUN CONDOS, LLC., AGREES THAT ANY PORTION OF THIS EASEMENT SHALL BE DEDICATED TO THE COUNTY OF FREDERICK WITHIN 30 DAYS OF WRITTEN REQUEST BY THE MCCANN FAMILYLAND TRUST, SUCCESSORS OR ASSIGNS. APPROVAL FREDERICK COUNTY SUBDIVI ON AD IS ATOR DATE ell r. FREDER CK COUNTY SANITATION A HORITY DATE �O���p LTH pF �I�Cr ,�� `i VIRGINIA DEPARTl4E OFTRANSPORTATION * ATE U G; RY I) ES v 1073 Redbud Road Lic.No, 1518-B _ GreyWolfe, Inc. Winchester, VA22603 G /�'!S Land Surveying and Consulting GreyWolfelnc@aoLcom 540-667-7.001 OFC O 540-545-4001 FAX `9�0 SUM DRAWN BY.• CBC FILE NO: 0388 SHEET 1 OF 5 C ;'f OWNERS CERTIFICATE THE ABOVE AND FOREGOING LOT CONSOLIDATION, EASEMENT DEDICATION, AND BOUNDARY LINE ADJUSTMENT-j SURVEY OF THE LANDS OF HIA IT RUN CONDOS, LLC. AND McCANN FAMILY LAND TRUST, AS 6PPEARS ON THE ACCOMPANYING PLAT IS WITH THE CONSENT OF AND IN ACCORDANCE WITH THE D SIRES F T � UNDERSIGNED OWNERS, PROPRIETORS, AND TRUSTEES, IFANY.� 1 JUDY&CANN;•LA TRUSTEE, McCANN FAMIL Y LANL COMMONWEAL TN Of VIRGINIA CfDK-gU�OF Lo+ tI cCL 5! ,- TO WIT. -THE FOREGOING OWNERS CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS &)-5' � DAY OF V TV rl L- 201 �S` BY: (r1 CCo l� r� /—CI )7)• I I / CQ 17�—i�/�.L�'C' JLlCIiF11 �1C�'Cfnn StoL<g1ee— PRINTED OWNER RlNTfD 0TARYPUBuc ) i1`,,•'NgTAFiY '•.'S' •• RCG..i'I"cN1F8 �' " SIGNATURE NOTARYPUBLIC rj... MY COMMISSION EXPIRESI C +3 , a '4' ",Olt ELLEN L. MARSHALL w� rf,' +]6 r �� TRUSTEE, McCANN FAMILY LAND TRUST CO WVA4ffALT CI I TYOFhp6e-RA4 TO Wq, THE FOREGOING OWNERS CERTIFICATE WAS ACKNOWLEDGED BEFt9 E ME THIS 2- DAY Of 20L BY: E/iE4 L, fi*s�A! PRINTED OWNER _ Nf A J --jQ Py(JT�A�^ TARYPUBLIC I yTCRf AUTARYPUBLIC HY ,Q�Y70i' . ES � " l`"�-KCROAtq SEAL 2 IAY '•' co?AI•IISSION EXPIRES _ I1/14LZ016: J� FINAL PLAT OF LOT CONSOLIDATION, EASEMENT DEDICATION, AND O��, ,UTH pFBOUNDARY LINEADJUSTMENT OF TAX PARCELS 44-(A)-171 44-(A)-101 & 44-(A)-40 UO R v STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA Lic. No. 1518-B 1013 Redbud Road GreyWoffe, Inc. Winchester, VA22603 - GreyWolfelnc@aoLcom Z) SURv.�. Land Surveying and Consulting 540-667-2001 OFC 540-545-4001 FAX FILE NO: 0388 DATE: JUNE 18, 2015 1 SCALE: N/A SHEET 2 Of 5 COMMONWEALTH OF YIRGINZ4 CITY/COUNTY OF r P i - . , TO WIT; THE FOREGOING OWNER'S CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS/U DAYOF X&A, 20J BY, PRIN7ED OWNER _Wi r � to I-- PRINTED OTARYPUBUC s1GNA TOkE NOMAPOBUC MY co mmissio EXPIRES flazi 3I , 2017 AREA TABULATION TAX PARCEL ZONED USE ORIG, ACREAGE 44-(A)-17 RP/RA VACANT 10.507 44-(A)-10 RP RESIDENTIAL 1.676 44-(A)-40 RA AGRICULTURE 95.723 COMMONWEALTH OF N/A VIRGINIA COUNTY OF NIA FREDERICK 1OZ906 ABBREVIATIONS BRL = BUILDING RESTRICTION LINE DB = DEED BOOK PG = PAGE AGR. = AGRICULTURAL VAC. = VACANT R.O. W. = RIGHT OF IVAY , L D n14/A/FR ADJOINERS PAPr•FI RFF 0 R9 C O ROSENFELD, MANAGERL-ViF HLATT RUN CONDOS, CLC. Y ' AD], ACREAGE 14.101 N/A (CONSOLIDATED) 92.723 0.793 0.289 107.906 LEGEND = PROPERTY CORNER FOUND 112"REBAR UNLESS OTHERWISE STATED = PROPERTY CORNER SET 5/8724" REBAR W17H YELLOW PLASTIC CAP = CENTERLINE = POINT OF REFERENCE (LSF ZONING ±ACREAGE A FREDERICK COUNTY 010015333 BOOSTER STA. RP 0.1 SANITA77ON AUTHORITY B RITA WILSON 44-(A)-24 070014065 RESIDENTIAL RP 10.0 C PETER C. & 44-(A)-20 120008602 RESIDENTIAL RP 2.4 DARIEN ROSE MORGAN FINAL PLA 1' OF LOT CONSOLIDATION, EASEMENT DEDICATION , AND o���p NTH pF LI�C BOUNDARY LINE ADJUSTMENT OF TAX PARCELS 44-(A)-17✓ 44-(A)-101 & 44-(A)-40 R. UA ATES �' STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA ARI Lic, NO, 1518-B 1073 Redbud Road 7-17 IS _� Greyftlfe, Inc. Winchester, VA22603 <' &.�yO� �� 11•J Land Surveying and Consulting GreyWolfelnc(a�aol.com URv 540-667-2001 OFC it 540-545-4001 FAX fILENO: 0388 DATE: JUNE 30, 2015 1 SCALE: N/A SHEET 3 Of 5 :y o SEE DETAIL A' - SHEET 5 O© 9 { S70"1955 ,"W /}m O 106.07' } 200' 0' 200' �tii miW I { x GRAPHIC SCALE / I ' DJUSTED AREA 1 80UNDARY LINE 3.000 ACRES HEREBY VACAIL TO BEADDED TO i J' � PARCEL 44-(A)-17 � '/z " IRF � /CONSOLIDATED j PARCELS I Z 1/z "IRf 9 94-(A)-17 & 44-(A)-10 I i 20' HEREBYDEDICATED TO THE / I p I COMMONWEALTH Of VIRGINIA }w ° I j ti ck: / N. 44-(A)-40 - I MCGI NN FAMILY LAND TRUST 1 25 , N i / 010012943 / Z ZONED: RA / Q �; 44-(A)-17 / USE: AGR. y� / o HIATTRUN CONDOS, LLC I BEFORE ADI, = 95,723AC. j 150000684 i� / AFTER ADJ. = 92.723 AC { ti Q p ZONED: RP USE: VAC 41, �O J _ BEFORE ADJ.= 10.507AC, % AFTER ADJ. = 14.101 ACRES l l SEE DETAIL 'B' - SHEET 5 1 I i p i 35'BRLL I �F�000 35'BRLI---- �------ N 67°42'13" W 453.14' 0 = ©t O , O —j — • — _ 60' BRL ` — © [ 30' PRESCRIPTIVE ES 1T. _y h1CCANNS RD. - RT. 838 " / O "�----- i CURVE RADIUS ARC LENGTH DELTA ANGLE I CHORD LENGTH CHORD QEARING Cl 2804.79' 779,72' 15°55'41 " 777.21' N 48°50 52" E FINAL PLAT OF LOT CONSOLIDATION, EASEMENT DEDICATION, AND J_TH OF BOUNDARY LINE ADJUSTMENT OF TAX PARCELS �o��� �l�C� 44-(A)-17, 44-(A)-.10, & 44-(A)-40 U G$A R UA I tS y STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA LIC. N0. 1518-B 1073 Redbud Road 7"17-ir GreyWolfe, Inc. Winchester, VA22603 �q &V. O� Np GreyWoi(elnc0aaoLcom Land Surveying and Consulting SURv�� 540-667-2001 OFC 540-545-4001 FAX FILE NO: 0388 DATE: JUNE 30, 2015 SCALE: 1 " = 200' 1 SHEET 4 OF 5 DETAIL 'A' n 112 ' IRF O © S 64 °40'05" E 9 a, VDH 103, 09' MON. I I� � S 25021'92" lV 20'HEREBYDEDICATEDTO171E 3Z25' I COMMONWEALTH OF VIRGINIA I �n I ;n Ln 44-(A)-17 0 I HIATT RUN / CONDOS, LLCC, 150000684 ZONED. RP w I bp1 i hh 44-(A)-40 McCANN LAND FAMILY TRUST 010012943 ZONED, RA USE: AGR. BEFORE ADI, = 95.723 ACC, AFTER ADJ. = 92.723 AC. USE: VAC ? �019 80' 0' 80' BEFOREADI.= 10.507AC, o; 0 51 /AFTER ADJ,= 14.101 ACRES22 I GRAPHIC SCALE DETAIL V z p 20' HEREBY DEDICATED TO THE co04Q COMMONWEALTH OF VIRGINIA I I 44-(A)-17crl i w ( HIATT RUN CONDOS, LLC 4, l� 150000684 ZONED.'RP Zt p o USE: VAC a 35 BRL a o BEFORE ADJ. = 10.507 AC. ( AFTER ADJ. = 14,101 ACRES 112 ^ IRF 7 58" W / S 22018'02' W' S 99`0,7 40.00, — —35' BRL — — s�pp' O—O O — . _ — . 50.00' I ` 75.00' \ 112"IRF —'-- C3 0 0 i L p_ o c i EASEMENT HEREBY DEDICATED SEE NOTE 5 C2 i o iL .. `^ N 67°42'13' W - 453.14' ( © -- i—_ -- -- —_-----��----- 30' PRESCRIPTIVE ESMT —© O'12 IRF , 14CCA NN.0 �T, 8j8 100, 0` 100, 25' HEREBY DEDICATEO TO pL41N ♦00 FLOOD THE COUNTYOFFREDERICK-m %0 100 YEAR l GRAPHIC SCALE FOR PUBLIC STREET PURPOSES �P,UTH OF�I�� G ATES Lic. No. 1518-B 1-17-1It SUR\)O FILE NO: 0388 CURVE RADIUS ARC LENGTH DELTA ANGLE CHORD L ENGT71 CHORD BEARING C2 955.61' 4Z62' 2051'18." 47.61' N6601634"W C3 1005.61' 50.30' 205157" 50.29' S 66616'14" E FINAL PLAT OF LOT CONSOLIDATION, EASEMENT DEDICATION, AND BOUNDARY LINE ADJUSTMENT OF TAX PARCELS 44-(A)-17, 44-(A)-101 & 44-(A)-40 STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA 4,—GreyWolfe, Inc. Land Surveying and Consulting DATE: JUNE 30, 2015 1 SCALE: 1073 Redbud Road Winchester, VA 22603 GreyWolfelnc@aol.com 540-667-2001 OFC 540-545-4001 FAX SHEET 5 OF 5 VIRGINIA: Pk. DER1CK COUNTY.SM. This instrument of writing was produced to me on at I '39P.rn and With certifv:ue acknuelodgement tbereto annexed was admitted to record. Tax imposed by Sec. 58.1-802 of $.�CO _ , and 58.1-801 have been paid, if assessable 4L,4 �� , Clerk 0 • AMENDMENT Action: PLANNING COMMISSION: October 7, 2015 - Recommended Approval BOARD OF SUPERVISORS: October 28, 2015 ❑ APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #05-15 I IIATT RUN CONDOS, LLC WHEREAS, Rezoning 05-15 Hiatt Run Condos, LLC, submitted by GreyWolfe, Inc., to rezone 3.00 acres of land from the RA (Rural Areas) District to the RP (Residential Performance) District with proffers dated June 24, 2015, last revised on September 10, 2015, was considered. The property is located on the eastern side of Martinsburg Pike (Route I I) just before Old Charlestown Road (Route 761). The property is further identified with PIN 44-A-17 in the Stonewall Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this rezoning on October 7, 2015 and recommended approval; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on October 28, 2015; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors, that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to rezone 3.00 acres of land from the RA (Rural Areas) District to the RP (Residential Performance) District Nvith proffers. The conditions voluntarily proffered in writing by the applicant and the property owner are attached. PDRes #39-15 • • -2- This ordinance shall be in effect on the date of adoption. Passed this 28th day of October, 2015 by the following recorded vote: Richard C. Shickle, Chairman Gary A. Lolton Robert A. Hess Gene E. Fisher Jason E. Ransom PDRes 939-15 Robert W. Wells Charles S. Del-Iaven, Jr. A COPY ATTEST Brenda G. Garton Frederick County Administrator n 0 Rezoning: Property: Record Owner: Project Narne: Original Date of Proffers: Revised: Magisterial District: RZ # -15 Area: 3.000 acres Tax Parcel 44-(A)-17 Hiatt Run Condos, LLC Hiatt Run Condos June 24, 2015 September 10, 2015 Stonewall Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned owner hereby offer the following proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #_-15 for rezoning of 3.000-acres, as shown on the Generalized Development Plan and Plat of Record as instrument 150008123, from the RA (Rural Areas) Districts to RP (Residential Performance) District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the owner and such are approved by the Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this owner and their legal successors, heirs, or assigns. The Property are more particularly described as the lands conveyed to Hiatt Run Condos, LLC, from SEI Winchester, LLC, as recorded in the Frederick County Circuit Court Clerk's Office as instrument #150000684 dated January 27, 2015, from Vincent L. Lord and Lila T. Lord as recorded in the Frederick County Circuit Court Clerk's Office as instrument 150003035 dated April 7, 2015, and from McCann Family Land Trust as recorded in the Frederick County Circuit Court Clerk's Office as instrument 4150008123 dated August 11, 2015. Proffers: Residential Density a. The three (3.000) acre portion of the site shown on the attached Generalized Development Plan as "3.000 Acres to be rezoned from RA to RP" will not contain any residential buildings. All uses for RP on the referenced three (3,000) acre portion of the site are hereby excluded except for community center, manager's office, parking, garages, open space, and recreational amenities for the development. 2. Transportation a. The owner hereby proffers to utilize only the entrances shown on their approved Master Development Plan "Hiatt Run Condominiums" #04-15. 3. Trails a. The owner hereby proffers to construct a hike -biker trail with fencing in two phases, to be used by the public, in a 20' easement on the adjacent property, tax parcel 44-(A)-40. See detail on Generalized Development Plan (GDP). All physical maintenance of the trail, including the fence, shall be the responsibility of the owner, its successors and assigns, and shall be expressly set forth in future deeds of conveyance of the property. i. The first phase will begin at McCann's Road (Route 838) and extend in a northerly direction for at least 1750'. This portion will be constructed by July 1, 2018. See GDP. ii. The second phase will complete the remaining 2450' per the attached GDP by July 1, 2021. All of the trail shall be constructed prior to the final occupancy permit of the 120°i apartment unit. U • The conditions proffered above shall be binding upon heirs, executors, administrators, assigns, and successors in the interest of the owner and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code and Ordinance. Respectfully Submitted: By: . itk __1�0 Scott S. Rosenfeld, manager Hiatt Run Condos, LLC Commonwealth of Virginia, City/County of r- /�_ade/i' eK To Wit: Date The foregoing instrument was acknowledged before Inc this L day of�, 20 / 5 By - ( A d/1"A xZD Wo r ala`-T� �o r 3 to 59 ell Notary Public Registration Number My Commission Expires OTARY�y�Q�'� PUBLIC REG. #365941 MY COMMISSION • EXPIRES Q ��,i I I I I I I O � I z v THE TRAIL DESIGN SHALL BE APPROVED BY FREDERICK COUNTY AND THE OWNERS OF 44-(A)-40, THE TRAIL SHALL INCLUDE ANY CUL VERTS NECESSARY FOR DRAINAGE. 44-(A)-17 \ Hiatt Run Condos, LLC ` 150000684 ZONING: RP \ USE: 120 APARTMENTS \ 14.488 ACRES PHASE 1 - 1750' 3.000 ACRES TO BE REZONED FROM RA TO RP �9 -------\--------------------•-•----•-- +/- 4200' TRAIL WITHIN A 20' ESMT PHASE 1---------------- BRIDGE OVER STREAM \ HIA7T RUN PLAIN PER _ \ 100 YR FLOOD _ \ � I � i I 44-(A)-40 \ i McCann Family Land Trust \ FENCING SHALL BE 010012943 CONSTRUCTED WITH 5"-6" ZONING RA TREA TED POSTS SET TWEL VE USE. AGRICULTURE (12) ON CENTER AND BRACED 195ACRES WITH 2" STEEL PIPE AND 9 GAUGE WIRE AT CORNERS, I �� ANGLE POINTS, AND EVERY I ; I20 FEET ON STRAIGHT RUNS 9 THE WIRE SHALL BE 47" TALL o GALVANIZED AMERICAN WIRE TYPE FENCING WITH 9" STAYS a AND 10 GAUGE TOP AND BOTTOM STRANDS. A SINGLE o STRAND OF MOTTO BRAND BARBED WIRE SHALL BE z v INSTALLED 4" ABOVE THE W AMERICAN WIRE. NEW FENCE SHALL BE INSTALLED PRIOR v TO THE REMOVAL OFANY EXISTING FENCING. 20' PEDESTRIAN EASEMENT X 2" OF SM-12.5A ASPHALT 6" OF 21 B STONE - COMPACTED TO 95% TRAIL AND FENCE DETAIL NOT TO SCALE FUTURE - TRAIL CROSSI, / 1 1 I 1 CSX RAP D, J CL v z V^�, LLJ O � w LQ i o�v Jut p Q. DATE: JUNE 24, 2015 SCALE: 1"=250' DRAWN BY: GRO JOB NO. #0432 REZONING APPLICATION 405-15 HIATT RUN CONDOS, LLC Staff Report for the Planning Commission Prepared: September 25, 2015 Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director . r Reviewed Action Planning Commission: 10/07/15 Pending Board of Supervisors: 10/28/15 Pending PROPOSAL: To rezone 3.00 acres Iroin the RA (Rural Areas) District to RP (Residential Performance) District with proffers. LOCATION: The property is located On the eastern side of Martinsburg Pike (Route 1 I) just before Old Charlestown Road (Route 761). EXECUTIVE SUMMARY & STAFF CONCLUSIONS FOR THE 10/07/15 PLANNING COMMISSION MEETING: This request to rezone three acres from the RA (Rural Areas) District to the RP (Residential Performance) District would appear to be appropriate when considering the limitations on the residential use of the property provided in the Applicant's proffer statement (the Applicant has proffered that no residential structures are to be located on the property) and the adjacent residential development, recently approved by the County, into which this property has been adjusted. The adjacent residential development is the Hiatt Run Condominium project. There are no anticipated issues or additional impacts associated with this proposed rezoning request, most particularly, as no additional residential uses or buildings will be constructed on the three acres subject to this rezoning request. While the residential land use proposed with this plan is inconsistent with the Northeast Land Use Plan, as it is outside of the UDA, it can be said that the crivironinental and recreation land Llse componeIlts Of the application are in line with the 2030 Comprehensive Plan and the most recent McCann -Slaughter Amendment to the Northeast Land Use Plan. Tile majority of the subject property is currently zoned RP (Residential Performance) District. This three acre minor portion of the property was recently incorporated into the property by a Boundary Line Adjustment. Further, the Master Development Plan for the Hiatt Run CondOrnilliLIMS immediately to the west of this property (and now incorporated into the property) was approved meeting all County standards. The subject property is also located within the Sewer and Water Service Area (SWSA). The rezoning application, and its proffered conditions, appear to be an appropriate land use. Any issues brought forth by the Planning CominiSSi011 ShOUld be appropriately addressed by the applicant. Follon,in;y the PL'quh-ed public hem -inn, a F'ecommeullatiou mgai-(IinQ this Pezouing application to the Board o/'Supervisors would be appropriate The applicant shorrlrl be prepared to adeCtltately address all concerns Poised by the Planning Commission. u Rezoning 1105-15 Hiatt RU11 Condos, LLC September 25, 2015 Page 2 This Deport is prepared by the Frederick County Planning Staff to provide hijbi-mation to the Planning Commission and the Board of Supei-visom to assist them in making a (lecision on this application. It maj) also be useful to others interested in this zoning niattei-. Uni-esolved issues concenting this application are noted by staff Where relevant thDoughout this staff Deport. Reviewed Action PlaIIning Commission: 10/07/15 Pending Board of Supervisors: 10/28/15 Pending PROPOSAL: To rezone 3.00 acres from the RA (Rural Areas) District to RP (Residential Performance) District with proffers. LOCATION: The property is located on the eastern side of Martinsburg Pike (Route 11) just before Old Charlestown Road (Route 761) MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 44-A-17 PROPERTY ZONING: PRESENT USE: Vacant RA (Rural Areas) District ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Vacant/Agriculture SOLltll: RA (Rural Areas) Use: Residential East: RA (Rural Areas) Use: Vacant/Agriculture Vilest: RP (Residential Performance) Use: Residential 0 0 Rezoning 1105-15 Hiatt Run Condos, LLC September 25, 2015 Page 3 REVIEW EVALUATIONS: Public Works Department: We do not have any conlnlents concerning the proposed rezoning. Frederick Count' Park & Recreation: Parks and Recreation supports the proffers identified in the rezoning request. Frederick County Attorney: Please see allachecl lellerfi-om Rocl [Villiams, clalecl Angus! 11, 2015. Planning & Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) depicts the zoning for the subject parcel as A-2 (Agricultural General) District. The County's agricultural zoning districts were combined to form the RA (RLu•al Areas) District upon adoption of an amendment to the Frederick CoLulty 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. In 2015 a Master Development Plan MPD 1/04-15, the Hiatt Run C011C101111n1Lillis Master Development Plan, was approved by the County that enabled the development of 120 units contained within eight garden apartment buildings. A Boundary Line Adjustment Plat was approved that incorporated this three acre parcel into the Hiatt Run property on July 29, 2015. 2) Comprehensive Policy Plan The 2030 Comprehensive Plan is the guide for the future growth of Frederick County. Lcmcl Use The 2030 Comprehensive Platt and the Northeast Frederick Land Use Plan provide guidance on the future development of the property. The property is located within the Sewer and Water Service Area (SWSA). It is located outside of the Urban Development Area (UDA). The 2030 Comprehensive Plan identifies the general area surrounding this property with a Developmentally Sensitive Area designation, and in the area immediately east of this property, with an OM (Office Manufacturing) District land use designation. In general, the proposed residential land use would be inconsistent with the current land use plan. However, it is recognized that the proposed residential project immediately to the west of this 3 acre property was rezoned and master planned for residential uses with the approval of the County (this property was previously within the UDA). Further, the proffered recreational context and environmental preservation proposed for this property would be consistent with the current land use supported by the Comprehensive Plan. As noted, the Northeast Frederick Land Use Plan Rezoning #05-15 Hiatt Run Condos, LLC September 25, 2015 Page 4 continues t0 promote such environmental and recreational land Uses in this area through the DSA designation. Careful consideration was given to ensure that no additional residential density would be permitted based on this rezoning and that no residential land uses would be permitted within this area to be rezoned. This would be inconsistent with the land use plan. As proposed in the proffer statement, no residential buildings will be located on these 3 acres. Therefore, no additional residential density may be gained with the rezoning of this property. It should be recognized that uses accessory to the residential development would still be permitted if this property is rezoned. As noted in the proffer statement, this may include a C01111111illity Center, manager's office, parking, garages, open space, and recreational amenities. 3) Potential Impacts Site Access and Transportation Access to the site will be via the Hiatt Run C011domin1Urn project immediately to the west and more specifically, through the two entrances shown on the approved Master Development Plan for Hiatt Run Condominiums. Em,ironmenl Hiatt Run, a tributary to Opequon Creek, flows through the southern portion of parcel 44-A-17. There is a zoning ordinance requirement for a riparian buffer along natural waterways in Frederick County. No development or land disturbance is permitted in a riparian buffer, other than the recreational area and trails within the open space for this development. Floodplains also exist on the property. 4) Proffer Statement A) Allowed Uses: The Applicant has proffered that the three acres that will be rezoned will not contain any residential uses. In addition, all other uses in the RP (Residential Performance) District have been excluded with the exception of a community center, manager's office, parking, garages, open space, and recreational amenities. B) Access Management and Transportation: The Applicant has committed to utilize for access to the property, the two entrances shown on the approved Master Development Plan for the Hiatt Run Condonliniums, MDP #04-15. Therefore, there will be no additional access to this site via McCanns Lane or Martinsburg Pike. C) Site Development: The Applicant has proffered to construct a public hiker/biker trail, the location of which is shown on the Generalized Development Plan for this site included in the proffer statement. The public trail is actually located on the adjacent property within a proposed 20' easement. In Rezoning #05-15 Hiatt Run Condos, LLC September 25, 2015 Page 5 conjunction with the trail, a fence will be constructed by the Applicant. It is recognized that the trail and fence will be conducted in two phases; Phase One to be completed by July 1, 2018, and Phase Two to be completed by July 1, 2021 or prior to the final Certificate of Occupancy Permit of the 120°i apartment unit in the Hiatt Run project located on this property. STAFF CONCLUSIONS FOR THE 10/07/15 PLANNING COMMISSION MEETING: This request to rezone three acres from the RA (Rural Areas) District to the RP (Residential Performance) District would appear to be appropriate when considering the limitations on the use of the property provided in the Applicant's proffer statement and the adjacent residential development, recently approved by the County, into which this property has been adjusted. There are no anticipated issues or additional impacts associated with this proposed rezoning request, most particularly, as no additional residential uses or buildings will be constructed on the three acres subject to this rezoning request. While the residential land use proposed with this plan is inconsistent with the Northeast Land Use Plan, as it is outside of the UDA, it can be said that the environmental and recreation land use components of the application are in line with the 2030 Comprehensive Plan and the most recent McCann -Slaughter Amendment to the Northeast Land Use Plan. The majority of the subject property is currently zoned RP (Residential Performance) District. Further, the Master Development Plan for the Hiatt Run Condominiums immediately to the west of this property (and now incorporated in to the property) was approved meeting all County standards. "file subject property is also located within the Sewer and Water Service Area (SWSA). Any issues brought forth by the Planning Commission should be appropriately addressed by the applicant. 1`ollolyl/la the required public hearin;;, a recommenllation /'etwiWing this rezoningq application to the Board of Supervisors would be appropriate The applicairt should be prepared to adegrrately address all concerns raised by the Planning Commission. U M M iingirm IM MM O Building Footprints B1 (Business. Neighborhood District) B2 (Business. General Distrist) 83 (Business. Industrial Transition District) EM (Extractive Manufacturing District) HE (Higher Education District) Mt (Industrial, Light District) M2 (Industrial, General District) MH1 (Mobile Home Community District) MS (Medical Support District) OM (Office - Manufacturing Park) R4 (Residential Planned Community District) R5 (Residential Recreational Community District) RA (Rural Area District) RP (Residential Performance District) ! Ji '/O Om MIFI 0- Ito ElERi RD �O Note: REZ # 05 - 15 Frederick County Dept of Hiatt Run Condos LLC Planning 8 Development 107 N Kent St PIN: Suite 202 e 44 - A - 17 Winchester. VA 22601 RP to RA 540 - 665 - 5651 KStaff: Map Created September 14, 2015 mruddy 0 i 160 320 r I 640 Feet 6 1 5 w SEE DETAIL A. . SHEET S I u / �' �0 o B 9 1 1 \ 1 �57007' W 06. 200' 0' 200'1GRAPHIC SCALE DARYLINE Y VACATEDIRFLIDATED CELS %1'IRFC&&44-(A)-10 20'HEREBYDEDIC4TED TO THE / COMMONWEALTH OF VIRGIMN I 1 1 A'DJUSTED AREA 3.000 ACRES TO BE ADDED TO PARCEL 44-(A)-17 I / J Rt 1 31 0/ ire I / `^ 44-(A)-40 MccANN FAMIL Y LAND TRUST 0 `' 010012943 ZONED: RA / 44-(A)-17 I USE. - AGR. l yfi / o WATT RUN CONDOS, LLC. 1 BEFORE ADJ. = 95.723 AC 150000664 i / AFTER ADJ. = 92.723 AC. p ZONED: RP i I 1 USE: VAC �J BEFOREADJ.=10.507A _C. 7- AFTER ADJ.= 14.101 ACRES ^� l SEE DETAIL B' - SHEET S I i p1Ati� 35' BR—L L---------- / _ I 60'BRL N 67°42'13" W 453.14_'e_e` O AA - j — _ [ 3(D' PRE5L7t1PT1VE ESMT r MCCANNS RD. - RT. 836 i O T i i � I CURVE I RADIUS I ARC LENGTH I DELTA ANGLE I CHORD LENGTH I CHORD BLARING C1 j 2804.79' 779.72' 1 1505541' 1 777.21' 1 N 46 '5051" E �pLTH O,c 6 'AR R TATES D Lic. No. 1518-B 7-17- Is 'S v� �o� FILE NO: 0388 FINAL PLAT OF LOT CONSOLIDATION, EASEMENT DEDICATION, AND BOUNDARY LINE ADJUSTMENT OF TAX PARCELS 44-(A)-171 44-(A)-10, & 44-(A)-40 STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA GreyWolfe, Inc. Land Surveying and Consulting DATE: JUNE 30. 2015 1 SCALE: 1 ' = 1073 Redbud Road Windrester, VA 22603 GreyWo#'elnc@aol.com 540-667-2001 OFC 540-545-4001 FAX SHEET 4 OF S n L -A -o c-> AMENDMENT Action: PLANNING COMMISSION: October 7, 2015 - Recommended Approval BOARD OF SUPERVISORS: October 28, 2015 91 APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #05-15 HIATT RUN CONDOS, LLC WHEREAS, Rezoning #05-15 HiattRun Condos, LLC, submitted by GreyWolfe, Inc., to rezone 3.00 acres of land from the RA (Rural Areas) District to the RP (Residential Performance) District withproffers dated June 24, 2015, last revised on October 20, 2015, was considered. The property is located on the eastern side of Martinsburg Pike (Route I I) just before Old Charlestown Road (Route 761). The property, is further identified with PIN 44-A-17 in the S-,topewall Mag-rster,ial D'strict; ,and WHEREAS°, the Planning Commission held.a public hearing on this rezoning on O'ctober 7, 20.15 and recommended approval; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on October 28, 2015; and WHEREAS- the Froderick,:County Board ,of Superyisors finds, the aproyat of thin rezoning to be in: the best interest of the publ'2c health; safety, welfare, and in co.nforniance, with ;the ComprdhensiY;e, Polio„' Phan;; NOW., TH'ER_EFORE, BE IT ORDAINED' b, the Fredeerick County Board of Supervisors; that Ch'apmer. 1;65 of the Frederick Count}, Code; Zoning, is amended to revise the -Zoning District MapAo rezone 3:00 acres bf, land from the RA (Rural Areas) District to the RP (Residential ,Performance) District with proffers. The conditions voluntarily proffe,red i`n writingby the,applicant and;th.e property owner are'attached PDRes,439=1,5 • • -2- This ordinance shall be in effect on the date of adoption. Passed this 28th day of October, 2015 by the following recorded vote: Richard C. Shickle, Chairman Aye Gary A. Lofton Aye Robert A. Hess Aye RobertW. Wells Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Abstained Jason E. Ransom Aye A COPY ATTEST renda G. Garton Frederick County Administrator ,, AYRNIA: Fk,;DERI -I(' ;`, r IRM', S_GT This instrument of writing was ,prodt>tved 000 mq at and N i,t1) eerEii t�llrciicl�� droees edagxeeorwas adm,ld menhty t 8n2off'; arc+J:S3.'I-S�t:haaeif,�.�iifanvcae j PDRes #,59=15 BOS ;Res. 15001140) Rezoning: RZ #05-15 Property: Area: 3.000 acres Tax Parcel 44-(A)-17 Record Owner: Hiatt Run Condos, LLC Project Name: Hiatt Run Condos Original Date of Proffers: June 24, 2015 Revised: September 10, 2015 October 20, 2015 Magisterial District: Stonewall Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned owner hereby offer the following proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #_-15 for rezoning of 3.000-acres, as shown on the Generalized Development Plan and Plat of Record as instrument 150008123, from the RA (Rural Areas) Districts to RP (Residential Performance) District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the owner and such are approved by the Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this owner and their legal successors, heirs, or assigns. The Property are more particularly described as the lands conveyed to Hiatt Run Condos, LLC, from SEI Winchester, LLC, as recorded in the Frederick County Circuit Court Clerk's Office as instrument #150000684 dated January 27, 2015, from Vincent L. Lord and Lila T. Lord as recorded in the Frederick County Circuit Court Clerk's Office as instrument 150003035 dated April 7, 2015, and from McCann Family Land Trust as recorded in the Frederick County Circuit Court Clerk's Office as instrument #150008123 dated August 11, 2015. C� Proffers: • Residential Density a. The three (3.000) acre portion of the site shown on the attached Generalized Development Plan as "3.000 Acres to be rezoned from RA to RV will not contain any residential buildings. All uses for RP on the referenced three (3.000) acre portion of the site are hereby excluded except for community center, manager's office, parking, garages, open space, and recreational amenities for the development. Transportation a. The owner hereby proffers to utilize only the entrances shown on their approved Master Development Plan "Hiatt Run Condominiums" #04-15. 3. Trails The owner hereby proffers to construct a hike -biker trail with fencing in two phases, to be used by the public upon the completion of the second phase, in a 20' easement on the adjacent property, tax parcel 44-(A)-40. See detail on Generalized Development Plan (GDP). All physical maintenance of the trail, including the fence, shall be the responsibility of the owner, its successors and assigns, and shall be expressly set forth in future deeds of conveyance of the property. i. The first phase will begin at McCann's Road (Route 838) and extend in a northerly direction for at least 1750'. This portion will be constructed by July 1, 2018. See GDP. ii. The second phase will complete the remaining 2450' per the attached GDP by July 1, 2021. All of the trail shall be constructed prior to the final occupancy permit of the 1201h apartment unit. 0 C.0 0 2 C� The conditions proffered above shall be binding upon heirs, executors, administrators, assigns; and successors in the interest of the owner and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code and Ordinance. Respectfully Submitted: By:IL9—jo — Scott S. Rosenfeld; manager Date Hiatt Run Condos; LLC Commonwealth of Virginia, City/County of C y1j To Wit: The foregoing instrument was acknowledged before me this 21 day of By.� f � Notary Public Registration Number My Commission Expires 7� Z 4 :Notary illie Russ Comnweam of Vlrglnla Public Comsion No. 7389410MY COslon Expires e/31/2019 c-� w v �I THE TRAIL DESIGN SHALL BE APPROVED BY FREDERICK COUNTYAND THE OWNERS OF 44-(A)-40. THE TRAIL SHALL INCLUDE ANY CUL VERTS NECESSARY FOR DRAINAGE. 44-(A)-17 1 Hiatt Run Condos, LLC 150000684 ZONING: RP \ USE., 120 APARTMENTS \ 14.488 ACRES \ 5.000 ACRES TO BE REZONED FROM RA TO RP f/- 4200' TRAIL WITHIN A 20' ESMT PHASE I LIDGE OVER STREAM \ HIATTRUN ������/ ` R FLOO_D PLAIN PER 1FEMA 00Y__— 0 a W W v 20' PEDESTRIAN EASEMENT v W X 2"OF SM-12.5A ASPHAL T 6" OF 213 STONE - COMPACTED TO 95% TRAIL AND FENCE DETAIL NOT TO SCALE FENCING SHALL BE MCCam CONSTRUCTED WITH 5"-6" TREA TED POSTS SET TWEL VE USE (12) ON CENTER AND BRACED WITH 2" STEEL PIPE ANO 9 GA UGE WIRE A T CORNERS, ANGLE POINTS, AND EVERY 120 FEET ON STRAIGHT RUNS. THE WIRE SHALL BE 47" TALL GAL VANIZED AMERICAN WIRE TYPE FENCING WITH 9" STA YS AND 10 GAUGE TOP AND BOTTOM STRANDS. A SINGLE STRAND OF MOTTO BRAND BARBED WIRE SHALL BE INSTALLED 4"ABOVE THE AMERICAN WIRE. NEW FENCE SHALL BE INSTALLED PRIOR TO THE REMOVAL OFANY EXISTING FENCING. 00, N. I � c I � c � rn i I I I I Z 3SdHd _ - _._.-• _ _. ------ -• a10 a \ f � c) CS / % o Q i --N GENERALIZED DEVELOPMENT PLAN FOR HIA TT RUN CONDOS, L L C 3.000 A CRE REZONING Stonewall Magisterial District, Frederick County, Virginia v i a �;. Greyftlfe, Inc. Land Surveying and Consulting 1073 Redbud Road Winchester, VA Z2603 (540) 667-2001 OFC GreyWol/elnc@aol.com (540) 545-4001 FAX I� q1 E 0 a Rezoning Comments Frederick County Department of Parks & Recreation Mail to: Frederick County Department of Parks & Recreation 107 North Kent Street Winchester, Virginia 22601 (540) 665-5678 Hand deliver to: Frederick County Department of Parks & Recreation County Administration Bldg., 2nd Floor 107 North Kent Street Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Department of Parks & Recreation with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: GreyWolfe, Inc - Gary R. Oates, LS-B, PE Telephone: 540-667-2001 Mailing Address: 1073 Redbud Road, Winchester, VA 22603 Location of property: Eastern side of Route 11 just south and before Route 761 Zero denisity, no housing, only garages and recreational amenities for existing apartment complex. Current zoning: RA Zoning requested: RP AorPana• 3.000acres F7Dep7ar1men1,o.1Par1ks & Recreation Comments: `-, �• �.er ,..�Ju"1�-, '>,.;'> > ,,. �, � 'ten H!.d ,n y►►wl ,fir a t� Pks. & Rec. Signature & Date: r e Notice to Department of Parks Recreation - Please Return This Form to the Applicant 23 • 0 IEEE Rezoning Comments Frederick County Department of Public Works IMail to: Frederick County Dept. of Public Works 1t1n: Director 4 Engineering 107 N trth Kent Street Wineltester, Virginia 22601 {540?66-5-}643 Hand deliLer to: Frederick County Dept. of Public Works Attn: Director Of Engineering County Administration Rldg., Suite 202 107 North bent Street wiochester.. Virginia Applicant: Picric till irut Cite intbrrnation as accurately as po5sibtc in ordkk r to assist the [kpartment cat - Public NVorks %.ith their review. Attach a copy of your application form, location map, proffer statement. impact anah.sis, and any other pertinent information.: Applicant's Name: Greyftlfe, Inc - Gary R. Oates, LB-B. PE Telephone: 540-667-2001 Mailing Address- 1073 Narlbud Hoad. WinrheFtw Vie 22fl03 amenities for existing apartment complex Location of property. Eastern side of Routo 11 just south and before Route 761 Zero denisity, no dousing, only garages and recreational amanition for existing Apartment complex. ( ln•ent zoning: RA Zoning requested: RP !Acreage: 4 -'�,'` acrss Department of Public Work's Commeniy: Public Work-, Signature & I Notice to Dept. (if Public case Return This Form to the Applicant IN tt T A X R E C E I - FREDERICK COUNTY C. WILLIAM ORNDOFF, JR P.O. BOX 225 Y E A R 2 0 1 5 0 Ticket #:00348460001 @@ WINCHESTER VA 22604-0225 2015 REAL ESTATE 10.33 ACRES 44 A Acres: Land: 361600 Imp: HIATT RUN CONDOS LLC 1440 AMHERST ST WINCHESTER VA 22601 3010 Pd by Date 5/27/2015 Register: LBX/CA Trans. #: 12583 Dept # RE201501 ACCT# 8008872 Previous 17 Balance $ 1032.64 10.33 Principal Being Paid $ 1032.64 7200 Penalty $ .00 Interest $ .00 Amount Paid $ 1032.64 *Balance Due as of 5/27/2015 $ .00 Check# FIRSTBK 1009$ 1032.64 FREDERICK COUNTY TREASURER 107 N KENT STREET SUITE 100 For Tax Information & Online Payments WWW.FREDTAX.COM DATES TO REMEMBER Mar 1 Business Equipment/license Must be filed 91 Business License tax due June 5 First Half Taxes Due Personal property Real Estate Sanitary District Street Lights Start Fort Vehicles license tax Dec 5 Second half Taxes Due Personal property Real Estate Sanitary District Street Lights 4kStar Fort Vehicle license tax Dog tags renew upon expiration of rabies certification Please renew on-line Mailing Address Frederick County Treasurer P.O. Box 225 Winchester, VA 22604-0225 E-Mail Address borndoffPco.frederick.va.us Treasurer's Office Hours Monday — Friday 8:30 am to 5:00 pm IN 0 0 1T) po r- CL 150008123 THIS DEED OF LOT CONSOLIDATION, DEED OF BOUNDARY LINE ADJUSTMENT, IMPOSITION OF RESTRICTIVE COVENANT, DEED OF EASEMENT AND DEED OF DEDICATION, made and dated this fAday of August, 2015, by and between .IUDITH McCANN SLAUGHTER, TRUSTEE, and ELLEN L. MARSHALL, TRUSTEE, Trustees of the McCANN FAMILY LAND TRUST (hereinafter "the Trusf), party of the first part (index as Grantors and as Grantee); HIAT'T RUN CONDOS, LLC, a Virginia limited liability company (hereinafter referred to as "Hiatt Run"), party of the second part (index as Grantors -and as Grantees); the COUNTY OF FREDERICE— VIRGINIA, a body corporate and politic (hereinafter referred to as "County"), party of the third part (index as Grantee); COMMONWEALTH OF VIRGINIA, (hereinafter referred to as "Commonwealth"), party of the fourth part (index as Grantee); MICHAEL L. BRYAN, Sole Actinp Trustee (hereinafter referred to as "Trustee"), party of the fifth part (index as Grantor), and FIRST BAN party of the sixth part (hereinafter referred to as "Lender") (index as Grantor). RECITALS: R.1. The Trust is the owner of two (2) parcels of land located on the southeast side of Route I I in Stonewall Magisterial District, Frederick County, Virginia, one parcel containing 95.723 acres, more or less, as more particularly described by plat prepared by Gary R. Oates, L.S., dated December 19, 2014, entitled "Final Plat of A Boundary Survey of Tax Parcel 44-(A)-40," recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, as Instrument No. 150000962, being the same property conveyed to the Trust by Deed dated July 1, 2001, recorded in the aforesaid Clerk's Office as Instrument No. 010012943 (the " Trust's 95 Acre Parcel"); and the other parcel containing 60.883 acres, more or less, as more particularly described by plat prepared by Gary R. Oates, L.S., dated December 19, 2014, entitled "Final Plat of A Boundary Survey of Tax Parcel 44-(A)-25B," recorded in the aforesaid Clerk's CD 0 N Office as Instrument No. 150000%1, being the same property conveyed to the Trust by Deed dated July 1, 2001, recorded in the aforesaid Clerk's Office as Instrument No. 020000470 (the "Trust's 60 Acre Parcel"). R.2. Hiatt Run is the owner of two (2) parcels adjoining each other and adjoining the Trust's 95 Acre Parcel, in Stonewall Magisterial District, Frederick County, Virginia, one parcel containing 10.325 acres, more or less, being the same property conveyed to Hiatt Run by Deed dated January 27, 2015 recorded in the aforesaid Clerk's Office as Instrument No. 150000684 [Tax Parcel 44-A-171 ("Hiatt Run's 10 Acre Parcel"), and the other parcel containing 1.67544 acres, more or less, being the same property conveyed to Hiatt Run by Deed dated April 7, 2015, recorded in the aforesaid Clerk's Office as Instrument No. 150003035 [Tax Parcel No. 44-A-101 ("Hiatt Run's 1.6 Acre Parcel"). s s R.3. Hiatt Run's 10 Acre Parcel is subject to the lien of that certain Deed of Trust granted by Hiatt Run to Trustee, dated January 27, 2015, securing the principal sum of $1,012,500.00, as more fully set forth therein, payable to Lender, which Deed of Trust is of record in the aforesaid Clerk's Office as Instrument No. 150M685 ("Hiatt Run Deed of Trust"). RA. In accordance with that certain "Final Plat of Lot Consolidation, Easement Dedication, and Boundary Line Adjustment of Tax Parcels 44-(A)-17, 44-(A)-10, & 44(A)-40" prepared by Gary R. Oates, L.S., dated June 18, 2015 (the "Plat"), a copy of which is attached hereto as Exhibit A and recorded herewith: a. Hiatt Run is consolidating and merging Hiatt Run's 10 Acre Parcel and Hiatt Run's 1.6 Acre Parcel to form a consolidated parcel, being adjusted TM 44- A-17; b. The Trust is conveying to Hiatt Run, by a boundary line adjustment, a portion of the Trust's 95 Acre Parcel containing 3.000 acres, to be consolidated and merged with Hiatt Run's adjusted TM 44-A-17 to form n parcel containing I4.101 acres after adjustment; 2 CD N v C. Hiatt Run is conveying to the Trust an easement across Hiatt Run's adjusted 14.101 acre parcel for ingress/egress, grading, slopes, drainage, maintenance, utilities, signage, etc., for the benefit of The Trust's 95 Acre Parcel and the Trust's 60 Acre Parcel; and d. Hiatt Run is dedicating land to the County and to the Commonwealth for public street purposes, all as more specifically set forth in this Deed. CONSOLIDATION OF HIATT RUN'S 10 ACRE PARCEL WITH HTTATT RUN'S 1.6 ACRE PARCEL NOW, THEREFORE, WTTNESSETi3: That for and in consideration of the premises, Hiatt Run does hereby declare that Hiatt Run's 10 Acre Parcel identified as Tax Parcel 44-A-17 and Hiatt Run's 1.6 Acre parcel identified as Tax Map Parcel 44-A-10 are hereby consolidated and merged, as shown on the Plat attached hereto as Exhibit A and incorporated herein in full by this reference. This consolidation is made with the free consent and in accordance with the desire of Hiatt Run and has been approved by the proper authorities of the County, the Frederick County Sanitation Authority and the Virginia Department of Transportation, as evidenced by the signatures on the Plat attached hereto as Exhibit A. THE TRUST'S CONVEYANCF OF 3.000 ACRES TO HIATT RUN BY BOUNDARY LTiNE ADJUSTMENT FURTHER WTTNESSETH: That for and in consideration of the sum of Ten Dollars, and other valuable consideration, the receipt of which is hereby acknowledged by the Trust, the Trust (as Grantor) does hereby grant and convey to 1-Iiatt Run (as Grantee), by Special Warranty of title, all of that certain lot or parcel of land containing 3.000 acres as shown on the Plat attached hereto as Exhibit A, said 3.000 acres lying bct%kccn a straight line along the southeastern boundary of the consolidation of Hiatt Run's 10 Acre Parcel and Hiatt Run's 1.6 Acre Parcel [such line being identified as "RP ZONING — RA ZONING" and "BOUNDARY LFNE HEREBY VACATED" on the Plat] and a new line of division between the aforesaid consolidated parcels and Seller's 95 Acre 3 Parcel (such line being identified as "NEW BOUNDARY LINE" on the Plat (Exhibit A)), and being designated as "ADJUSTED AREA 3.000 ACRES TO BE ADDED TO PARCEL 44-(A} 17" on the Plat attached hereto as Exhibit A. Said 3.000 acres is hereby consolidated and merged with Hiatt Run's adjusted TM 44-A-17 to form a parcel containing 14.101 acres after adjustment. This consolidation is made with the free consent and in accordance with the desire of the Hiatt Run and has been approved by the proper authorities of the County, the Frederick County Sanitation Authority and the Virginia Department of Transportation, as evidenced by the signatures on die Plat attached hereto as Exhibit A. IMPOSITION OF R-ESTRICTIVE COVENANT ON 3.000 ACRES FURTHER VVYMSSETH: That for and in consideration of the premises and other valuable consideration, the receipt of which is hereby acknowledged by Hiatt Run, and as a material inducement to the Trust, Hiatt Run imposes and acknowledges the following restrictive covenants upon the 3.000 acres, which constitute covenants real running with and binding upon the 3.000 acres and upon Hiatt Run and benefitting (as an appurtenance to) the Trust's 95 Acre Parcel (less and except therefrom the 3.000 acres conveyed hereby): a. Such 3.000 acres shall not contain any residential buildings, and Hiatt Run's use of the 3.000 acres is, and shall be, for a community center with a manager's office, parking, garages, open space, and/or recreational amenities ancillary to Hiatt Run's planned maximum of 120 residential apartments/condominium units upon Hiatt Run's consolidated parcel (Adjusted TM 44-A-17) as referenced in RA.a. hercinabove, said 3.000 acres having no residential development rights; and b. Any building or structure to be constructed on or within the 3.000 acres shall be constructed with exterior walls of Hardy Board, stone, brick, or a combination 4 0 N thereof. ACCESS ETC., EASEMENT GRANTED BV HIATT RUN TO THE TRUST FURTHER WITNESSETH: That for and in consideration of the premises and other valuable consideration, the receipt of which is hereby acknowledged by Hiatt Run, and as a material inducement to the Trust, Hiatt Run (as Grantor) does hereby grant and convey, with general warranty of title, unto the Trust (as Grantee), a permanent easement, varying in width from 50 feet to I 1 1.77 feet, for ingress -egress and for the installation, construction and maintenance of a roadway therein, including the installation, construction and maintenance of grading, slopes and drainage facilities necessary therefor, and for the installation, construction and maintenance of general utilities, and signage. Said easement is located along the southwcstem boundary of Hiatt Run's adjusted TM 44- A-17 adjacent to McCanns Road (Rt 838), and is more particularly described and designated as "EASEMENT HEREBY DEDICATED — SEE NOTE 5" on the Plat attached hereto as Exhibit A. Together with a temporary grading and construction easement adjacent to such permanent easement area for the purposes of grading and construction of roadway improvements (with such temporary easement to become null and void at such time as the grading, installation and construction of the roadway improvements has been completed). This easement is, and shall be, appurtenant to and for the benefit of both the Trust's 95 Acre Parcel (less and except the 3.000 acres conveyed hereby) and the Trust's 60 Acre Parcel, and shall be binding upon and enforceable against, and shall burden, Hiatt Run's Adjusted TM 44-A-17. Upon the written request by the Trust (its successors or assigns) to Hiatt Run (its successors or assigns) that this easement be dedicated and conveyed for public use, Hiatt Run, within thirty (30) calendar days of the provision of such notice, shall take appropriate action to dedicate to the Virginia Department of Transportation or to the County (as appropriate), and shall execute and deliver 5 CD c� 0 whatever documents are necessary as required by the public authority to accomplish such dedication, all of the permanent easement area created hereby and shown on Qte Plat attached hereto as Exhibit A. Such dedication shall be in fee simple absolute and shall be without any additional or further consideration to be paid or granted to Hiatt Run. The Trust's private rights in such easement shall be terminated and extinguished upon such dedication. This duty to dedicate the permanent easement is a covenant on the part of Hiatt Run and shall be specifically enforceable and may be enforced as a ministerial duty by mandamus, injunction or otherwise. This dedication provision is, and shall be, binding upon Hiatt Run. PUBLIC ROAD DEDICATION/DEED OF DEDICATION TO COUNTY FURTHER, WITNESSETH: That for and in consideration of the premises, and other valuable consideration, the receipt of which is hereby acknowledged by Hiatt Run, Hiatt Run (as Grantor) does hereby grant, convey and dedicate, with general warranty of title, to the County (as Grantee), for public street purposes, all of Hiatt Run's right, title and interest in and to that certain portions -of Hiatt Run's adjusted TM 44-A-17 containing a total of 0.289 acres and shown and depicted on the Plat attached hereto as Exhibit A as "25' HEREBY DEDICATED TO THE COUNTY OF FREDERICK FOR PUBLIC STREET PURPOSES," said strip of land to become a part of McCanns Road/Route 838. This dedication of the public right of way is made in accordance with the statutes made and provided therefor, with the approval of the proper authorities of the County, the Frederick County Sanitation Authority and the Virginia Department of Transportation, as evidenced by the signatures on the Plat attached hereto as Exhibit A; and with the free consent and in accordance with the desire of Hiatt Run, the undersigned owner and proprietor of the affected land, as evidenced by the signature of its authorized representative, as set forth hereinbelow. 6 CD W PUBLIC ROAD DEDICATION/DEED OF DEDICATION TO COMMONWEALTH FURTHER, WITNESSETH: That for and in consideration of the premises, and other valuable consideration, the receipt of which is hereby acknowledged by Hiatt Run, Hiatt Run (as Grantor) does hereby grant, convey and dedicate, with general warranty of title, to the Commonwealth (as Grantee), for public street purposes, all of Hiatt Run's right, title and interest in and to that certain portions -of Hiatt Run's adjusted TM 44-A-17 containing a total of 0.793 acres and shown and depicted on the Plat attached hereto as Exhibit A as "20' HEREBY DEDICATED TO THE COMMONWEALTH OF VIRGI LA " said strip of land to become a part of Route I ]/Martinsburg Pike. This dedication of the public right of way is made in accordance with the statutes made and provided therefor, with the approval of the proper authorities of the County, the Frederick County Sanitation Authority and the Virginia Department of Transportation, as evidenced by the signatures on the Plat attached hereto as Exhibit A; and with the free consent and in accordance with the desire of Hiatt Run, the undersigned owner and proprietor of the affected land, as evidenced by the signature of its authorized representative, as set forth hereinbelow. LENDER AND TRUSTEE CONSENT Lender and Trustee under the Hiatt Run Deed of Trust dated January 27, 2015 of record in the aforesaid Clerk's Office as Instrument No. 15000685, which constitutes a lien on Hiatt Run's 10 Acre Parcel, join in the execution of this Deed to grant their consent to the following: a. Consolidation of Hiatt Run's 10 Acre Parcel with Hiatt Run's 1.6 Acre Parcel as set forth in this Deed; b. The Boundary Line Adjustment and Consolidation of the 3.000 acres with Hiatt Run's adjusted TM 44-A-17 to from a parcel containing 14.101 acres after adjustment, as set forth in this Deed; C. The imposition of the Restrictive Covenant upon the 3.000 acres as set forth 7 CD ca in this Deed, The granting of the easement by Hiatt Run to the Trust, and Hiatt Run's undertaking and obligation to dedicate such easement area at the request of the Trust, with Lender and Trustee evidencing their consent to release such easement area in the event of a dedication thereof in the future, all as set forth in this Deed; and The public road dedications to the County and to the Commonwealth described herein as set forth in this Deed and to the release of such dedicated areas from the lien of the Hiatt Run Deed of Trust. Except as stated above, the lien of the Hiatt Run Deed of Trust otherwise remains in full force and effect. WITNESS the following signatures and seals: McCANN FANPLY LA/ND RUST By t^ 6 EAL) With McCann Slaughter, Trustee By: (SEAL) Ellen L. Marshall, Trustee Commonwealth of Virginia Ciry/ca aty of LL AJ&� — to -wit: The foregoing instrument was acknowledged before me this` d-y of Augusr,NI�,¢y Judith McCann Slaughter, Trustee of the McCann Family Trust. t �\c c L. T" I'll n Notary Public - qrr, My commission expires: Notary Registration No.: CZ/('OnnN of , to -wit: W The foregoing instrument was acknowledged before me this _! day of August, 2015, by Ellen L. Marshall, Trustee of the McCann Family Trust. ` It Of MY 0't' cot '"ISSIOW - 0 EXPIRES �- s�.. 111L�/201i: �o J ��cr.OF C.o, CD w w Notary Public My commission expires: Notary Registration No.: HIA-11- RUN CONDOS, LLC, a Virginia limited liability company By:i (SEAL) Scott Rosenfeld, Manager Commonwealth of V •rgmia City/County of Y to -wit: The foregoing instrument was acknowledged before me this A / I day of August, 2015, by Scott Rosenfeld, Manager of Hiatt Run Condos, LLC, a Virginia limited liability company. - / NotaryPublic Gq�.,, My commission expires: n'(OW-k 34 a?D/8 Notary Registration No.: 0 3lD / - * '�OTAq�_ FIRST BANK v' Kathy Davis Conm«+wasla, of VWgWs -- — NoteryPubllee y: (SE'A•tf ConrrdseW No. 7059W7 a ny cm.rnrla, ram:„ vatrm+e Title:_ ci A6we'/' Commonwealth of Virginia, City/GOW+ty of l ',�^[ _. to -wit: The foregoing instrument was acknowled ed before me is __l'} day of August, 2015 by -JPM&S C. qu5im'd as — c.N'Cf--yn-' 4-+1- of First Bank. iV Notary Public My commission expires: %"A ' 2.G1 Notary Registration No.: 10-ZAn'o, -k 0 w r (SEAL) ae . Bryan, Trustee Commonwealth of Virginia, City of Winchester, to -wit: The foregoing instrument was acknowledged f me this 11 Aay of ust, 201 Michael L. Bryan, Trustee. 4 OQ - 1 My commission cxpires: 7( Notary Public �/ qY �.'"'4i9 NEW, Registration No.: /3 5M: W, Vi4L- 0,, c �► : COUNTY OF D ICK, VOtGINIA J��` By: (SEAL) ��• • �`OF`,.` renda G. Gartn, County Administrator OtIVIE, % AP TO FORM: Roderick B. Williams, County Attorney Commonwealth of Virginia, City/eumpy of W — chemcr to -wit: The foregoing instrument was acknowledged before me this 13h, day of August, 2015 by Brenda G. Garton, in her capacity as County Administrator for the County of Frederick, Virginia. —Izz o Public My commission expires: ll- -ID - 21JIS Notary Registration No.: -1D it 422 CD Cl) fs Commonwealth of Virginia, City. ount f �2 c(2f CfC. to -wit: The foregoing instrument was acknowledged before me this It -A day of August, 2015, by Roderick B. Williams, as County Attorney for the County of Frederick, Virginia. I" �' (,,- ( — Notary Pu lic My commission expires: Ma(t,� 31, d,017 `,"' AY,ESP"''�,�� Notary Registration No.: 7 I ( 4 K 0 (o......... N r; "Oky PV • �! : = REG 0 <, CI Z 71t�306 c; COMMISSION <: z6•, EXPIRES 12� 4�'•. 3/31/2017 � C� oil M:INIcCann-Ros=fddlntA thcd (fmq 8-6-1 S.doc i CD 1500081.24 N, DEED OF EASEMFNT THIS DEED OF EASEMENT, made and dated this f0 day. of August, 2015, by and between JUDFTH McCA.NN SLAUGHTER, Trustee and ELLEN L. MARSHA LL, Trustee, Trustees of the MCCANN FAMILY LAND TRUST (hereinafter the "Trust'), Grantor, and WATT RUN CONDOS, LLC, a Virginia limited liability company (hereinafter "Hiatt Run"), Grantee. RECITALS R I. The Trust is the owner of that certain parcel of land located on the southeast side of Route I I in Stonewall Magisterial District, Frederick County, Virginia, containing 92.723 acres, more or less, being the 95,723 acres, more or less, as more particularly described by plat prepared by Gary R. Oates, L.S., dated December 19, 2014, entitled "Final Plat of A Boundary Survey of Tax Parcel 444A)40," recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, as Instrument No. 150000962 (being the I same property conveyed to the Trust by Deed dated July 1, 2001, recorded in the aforesaid Clerk's Office as Instrument No. 010012943), less and except the 3.000 acre portion thereof conveyed by the Trust to Hiatt Run by that certain Deed of Lot Consolidation, Deed of Boundary Line Adjustment, Imposition of Restrictive Covenant, Deed of Easement and Deed of Dedication dated August % 2015, and recorded in the aforesaid Clerk's Office as Instrument Number 1,!� bDQ 91 Z.3 (hereinafter "Deed of Consolidation"). R2. Hiatt Run, by virtue of the aforesaid Deed of Consolidation, is the owner of that certain parcel containing 14.101 acres, being 15.183 acres, less and except 0.793 acres dedicated and conveyed to the Commonwealth of Virginia and less and except 0.289 acres dedicated and conveyed to the County of Frederick, Virginia, pursuant to the aforesaid Deed of Consolidation, and being designated as adjusted TM 44-A-17 on the "Final Plat of Lot Consolidation, Easement Dedication, and Boundary Line Adjustment of Tax Parcels 444A} 17, 44{A)-10, & 44-(A)-40" prepared by Gary R. Oates, L.S., dated June 18, 2015 (the "BLA Plat") attached to and recorded with the aforesaid Deed of Consolidation. R.3. In conjunction with and related to that certain Deed of Lot Consolidation, and as a material inducement to the Trust's and Hiatt Run's joinder in said Deed of Consolidation, the Trust herein is am granting an easement to Hiatt Run and Hiatt Ran is undertaking certain obligations and responsibilities with respect to such easement, all as set forth herein. NOW, THEREFORE, WIITNESSETH: Irt consideration of the premises and the obligations and responsibilities undertaken by Hiatt Run herein, the Trust hereby grants and conveys unto Hiatt Run a permanent easement 20 feet in width for the installation, construction and maintenance therein by Hiatt Run of a 10 foot wide pedestrian hiker/biker trail and related fencing. The area and location of the 20 foot wide easement is along and just inside of, the northwestern boundary of the Trust's 92.273 acre parcel, then along such parcel's boundary with Martinsburg Pike — Route I I North, and then heading in a general southeasterly direction along the parcel's boundary with Old Charles "Town Road/Route 761, as generally shown and depicted on the sketch entitled "Generalized Development Plan" prepared by GrcyWolfe, Inc., dated June 24, 2015 (the "Sketch', a copy of which is attached hereto and recorded herewith. The parties acknowledge and agree that the specific location of the easement may be changed or revised depending upon terrain features, rock outcroppings, trees stumps, etc., affecting the aesthetic design and the placement and construction of the trail; they further acknowledge and agree that the Trust and/or Hiatt Run, with the consent of the other party (which consent shall not be unreasonably withheld), shall have the right to (and the Trust and expressly reserves the right to) relocate the initial location of the easement, provided that such relocation does not materially affect or interfere with the use of the easement and/or the use, utility and/or value of the Trust's 92273 acre parcel, and further provided that the easement shall not be relocated more than twenty (20) feet further inside the Trust property and shall be located on the west side of the stream known as Hiatts Run. The parties further acknowledge and agree that the attached Sketch is but a general depiction of the intended location of the trail. The parties further covenant and agree that they shall enter into and record a supplemental easement formally depicting the actual initial location of the easement upon completion of the installation and construction of the trail and related fencing. Hiatt Run acknowledges that the Trust reserves the right to install one or more road entrances from Old Charles Town/Route 761 serving the Trust's 92.723 acre parcel and crossing the easement area CD and the trail. The cost of installing any such crossing(s), and the cost of any resulting re -construction of the trail due to such crossing(s), shall be borne by the Trust or its successor in title. This casement is granted by the Trust and accepted by Hiatt Run conditioned upon and subject to Hiatt Run's following covenants, obligations and responsibilities, all of which arc material inducements to the Trust: Installation and Construction. Hiatt Run shall install and constrict, within the twenty foot (20') wide easement area, a 10' wide pedestrian/hikcr-biker trail (which will be available for use by the public) and related fencing, and Hiatt Run shall be responsible for the maintenance of said trail and fencing. Such installation and construction shall be in accordance with the following: a. Said trail shall be installed and constructed on the Trust's 92.723 acre parcel for a distance of approximately 4200 feet, originating at the northwest comer of the Trust's 92.723 acre parcel at McCanns Road (Route 838), thence running along the division between Hiatt Run and the Trust as shown on the Boundary Line Adjustment'Plat recorded with the Deed of Consolidation, thereafter along Route I I to the intersection of Route l 1 and Old Charlestown Road (Route 761), and terminating at the intersection of Old Charlestown Road and the CSX railroad right-of-way, all as shown on the attached Sketch. b. Hiatt Run shall install, construct and complete the trail in two phases as follows: i. the initial phase beginning at McCanns Road (Route 838) extending in a northerly direction For at least 1,750 feet to Route 11, to be constructed on or before July 1, 2017; and ii. the second phase, being the remainder of the trail of approximately 2,450 feet to be completed on or before July 1, 2027 PROVIDED, however, that the installation and construction of the entire trail shall be completed by I-liatt Run by on or before the date for the completion of such trail as may be established in conjunction with the Trust's anticipated rezoning of the Trust's 92.723 acre parcel and the rezoning of the Trust's adjacent parcel containing 60.883 acres, more or less, designated as TM 44-A-25B (and any proffers ancillary to such rezoning) and the resulting development of the Trust's rezoned 92.723 acre parcel • and/or the Trust's rezoned 60.883 acre parcel that may serve to "trigger" or initiate the necessity of completion of the installation and construction of the trail. The trail shall be constructed pursuant to a design as approved by Frederick County, Virginia, and approved by the Trust (with the Trust's approval not to be unreasonably withheld). The trail shall contain any and all culverts and grading necessary for proper construction and drainage. The trail shall be constructed of six inches (6") of 21-B stone compacted to 95% density with a minimum of two inches (2") of SM-12.5A asphalt d. The fencing shall be constructed with five inch -six inch (5"-"6") treated posts set twelve feet (12') on center and braced with two inch (2") steel pipe, and with nine (9) gauge wire at all comers and angle points and at one hundred twenty foot (120') intervals on all "straight runs" of the fencing. Wire fencing shall be forty- seven inches (47") high galvanized American Wire type fencing with minimum nine inch (9") vertical spacing and "stays," with ten (10) gauge top and bottom strands. A single strand of Motto brand barb wire shall be installed four inches (4") above the American Wire. Hiatt Run acknowledges that the Trust presently maintains livestock and an existing fence to "turn" and "enclose" the livestock, on the Trust's 92.723 acre parcel. Any "new" fencing to substitute for or replace the Trust's existing fencing shall be installed by Hiatt Run prior to removal of any such existing fencing. Despite the phasing and timing of the installation of the trail as provided for in subparagraph b. hereinabove, Hiatt Run shall at all times assure that any "new" fencing is maintained along the installed portion of the trail and that such "new" fencing merges and connects with the Trust's remaining existing fencing so as to preserve "closure" of such fencing. 2. Maintenance. All physical maintenance of the trail, including the fence installed by Hiatt Run, both during and upon completion of the installation and construction thereof, shall be the responsibility of Hiatt Run, its successors and assigns (including, if applicable, any homeowner's association), and shall be expressly set forth in future deeds of conveyance of any portions of Hiatt Run's 14.101 acre parcel. Maintenance shall include (but is not limited to) the repair of the trail and the fencing; mowing; brush removal; landscaping and the maintenance of such landscaping, etc. 0 3. Obligations Resulting From Rezoning. Hiatt Run acknowledges and agrees that its obligations hereunder for the installation, construction and maintenance of the trail and related fencing shall include, and shall be supplemented by, any additional obligations or responsibilities for said trail and fencing imposed or resulting from Hiatt Run's anticipated rezoning of any portion of Hiatt Run's 14.101 acre parcel, including any proffers ancillary to such rezoning imposed by the County of Frederick, Virginia. 4. Notice of Construction of, and Maintenance of Liability Insurance on, Trail. a. Hiatt Run shall notify the Trust in writing at least seven (7) calendar days prior to the commencement of the installation and construction of the trail or any portions) thereof. b. Liability insurance shall be obtained and maintained by the Trust on said trail from the date of the commencement of the construction of said trail, and maintenance of such insurance shall be an ongoing obligation of the Trust and its successors and assigns as owner of the Trust's 92.723 acre parcel. C. Hiatt Run (and Hiatt Run's contractor(s)) shall be responsible for all work and costs associated with the installation and construction of the trail and related fencing and shall ensure that the Trust's 92.723 acre parcel shall not be subjected to any liens related to such work and the cost thereof; in the event any such lien is filed against the Trust's 92.723 acre parcel, Hiatt Run shall promptly discharge the same within twenty-one (21) calendar days. d. Hiatt Run shall obtain and maintain builder's risk insurance coverage for the duration of the period required for Hiatt Run's completion of the construction of the trail. Further, except where such loss is caused or substantially contributed to by any negligent act or omission of the Trust or by the Trust's failure to perform the Trust's obligations hereunder, Hiatt Run shall be responsible and liable for all damages, claims, liens and liabilities (including, without limitation, reasonable attorney's CD J fees and costs) caused by or arising out of Hiatt Run's installation, construction and/or maintenance of the trail and the fencing. In this regard, Hiatt Run shall require Hiatt Run's contractor(s): i. to be duly licensed and bonded; ii. to maintain workers compensation insurance coverage as required under Virginia law and to maintain liability and loss prevention insurance naming the Trust as an additional insured thereunder, and iii. to indemnify and hold the Trust harmless from any and all losses, expenses, damages and claims in connection with or arising out of the installation and construction of the trail. 5. Biatt Run's Obligations not Contingent Upon Rezoning. Hiatt Run acknowledges and agrees that its obligations hereunder for the installation, construction and maintenance of the trail and related fencing shall be, and remain, in full force and effect and binding upon Hiatt Run and Hiatt Run's 14.101 acre parcel even in the event that Hiatt Run's anticipated rezoning of a portion of Hiatt Run's 14.101 acre parcel is not approved by the County of Frederick, Virginia. 6. Default. The respective obligations of the Trust and of Hiatt Run hereunder may be specifically enforceable by either party hereto and may be enforced as a ministerial duty by mandamus, injunction or otherwise. In the event of default, the non -defaulting party shall be entitled to recover all its costs, including reasonable attorney's fees from the defaulting party. WITNESS the following signatures and seals: McCann Famil Lan Trust By: ( e-fBEAL) ith McCann Slaughter, Trust e 6 CD s ca By: (SEAT.) Ellen L. Marshall, Trustee Hiatt Run Condos, LI C, a Virginia limited liability co pang By: SEAL) Scott Rosenfeld, Manager Commonwealth of Virgi,n�'i�a l . City/£e+tmty of Wtvi � , to -wit: The foregoing instrument was acknowledged before me this c2 `lay of August, 2015, by Judith McCann Slaughter, Trustee of the McCann FamilyTrust. Notary Public ;C Nt`"'KY s a G My commission expires: Notary Registration No.: / CCtX _ * :, Cerruuar�P9ltt, (1 'l�iRia GOYeeunt, of C. to -wit: rCR p Q� !- •"- *- ;,foregoing instrument was acknowledged before me this �y day of August, 2015, by Ellen s .o Fall prustee of the McCann Family Tnut- h' �. �' = NY n - Gpi11115S10N < \ 11/14t/2016:•� v p J Notary Public {j�p�Iytion expires: l ( l t% ' �i6 2 64- F rl .40"/Cegistralion No.: _ Commonwealth of Vi inia City/County of to -wit: The foregoing instrument was acknowledged before me this cP/Jtday of August, 2015, by Scott Rosenfeld, Manager of Hiatt Run Condos, 11C, a Virginia limited liability company. 7 / l ,�y� Notary blic P �, F My commission expires: � '3/, �/8 ; � <<� Notary Registration No.: - t1LTARy A, 7 B L��' CD Ihis Deed prrpared b%: H. Edmunds Cokrwn. III VSB 15449 Bnan At Cokman. PI C I18 South Braddock Strut %Vmchester. VA 22601 M \McCAa Rosmfeld\llad of Faxn,. t (finall 5.7-15 d„ac r Z 3!5VHd - - 010 .01 / tia o N. .00, / `= I GENERALIZED DEVELOPMENT PLAN FOR z HIATT RUN CONDOS LLC Gre Wolfe Inc. .;;, M N A 3.000 ACRE REZONING w sand Surveying and Consulting N � O � p � Stonewall Magisterial Distnct, Frederick Countv, Kroinie ]07J RMDud RORd M7ncMsW, VA 22607 (S40) 667-2001 oFc n+r 44-(A)-17 Hiatt Run Condos, LLC 150000684 1� ZONING: RP is \ USE' 120 APARTMENTS 1 \ 3.000 ACRES TO BE REZONED FROM RA TO RP ----------- _ _ _ _ __ _ _ _-_ t/- 4200' TRAIL WITHIN A 20' ESMT _ ~ PHASE 1 BRIDGE OVER STREAM \ Q \ HIAT7r- o \ Qr ` \ FLOOD PIAIN PER F0 Z 100 YR THE TRAIL DESIGN SHALL BE FENCING SHALL BE M APPROVED BY FREDERICK CONSTRUCTED WITH 5"-6" COUNTY AND THE OWNERS OF TREATED POSTS SET TWELVE 44-(A)-40. THE TRAIL SHALL (12 ) ON CENTER AND BRACED INCLUDEANYCULVERTS WITH2'STEEL PIPE AND 9 NECESSARY FOR DRAINAGE. GAUGE WIRE AT CORNERS, ANGLE POINTS, AND EVERY 120 FEET ON STRAIGHT RUNS. THE WIRE SHALL BE 47" TALL w GALVANIZED AMERICAN WIRE TYPE FENCING WITH- 9" STAYS a AND 10 GAUGE TOP AND BOTTOM STRANDS. A SINGLE o STRAND OF MOTTO BRAND W W BARBED WIRE SHALL BE C.> INSTALLED 4'ABOVE THE W AMERICAN WIRE. NEW FENCE 2 SHALL BE INSTALLED PRIOR v TO THE REMOVAL OFANY I EXISTING FENCING. 20' PEDESTRIAN EASEMENT x FREDEIt ll 2" OF SM-12.5A ng was ucedto a on Thia,uutnmttent dwtiting P� Tbikin tnu 6"OF2I85TONE g•_zL_ L$ al yZPm andith ccrUfKxm Ofadmomedgemcm thcr58. anneud w Tax imp-cd b7 Sec 8.1-A02 of was admitted to remcd- AND FENCE DETAIL �/L wo t t have been p,id if aocsumc NOT TO SCALE f -�— 4e, �� • Clerk 0 a 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 DOCUMEAT DOES NOT MEET YOUR APPROVAL, PLEASE PROVIDE COMMENTS AS TO 641HA T YOU 141O ULD LIKE TO IIA VE COMPLETED. Initials Date & Time Candice Mark Dave Mike / y A John COMMENTS: Received by Clerical Staff (Date & Time): (S:Office on Blackbox\Forms\Document Approval Form — 12/27/13) COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING October 14, 2015 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #05-15 FOR HIATT RUN CONDOS, LLC On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, October 28, 2015 at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #05-15 HIATT RUN CONDOS, LLC submitted by GreyWolfe, Inc., to rezone 3.00 acres from the RA (Rural Areas) District to the RP (Residential Performance) District with proffers. This property is located eastern side of Martinsburg Pike (Route 1 1) just before Old Charlestown Road (Route 761). The property is identified with Property Identification Number 44-A-17 in the Stonewall Magisterial District. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.fcva.us. Sincerely, Michael T. Ruddy, AICP Deputy Planning Director MTR/pd 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING October 14, 2015 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #05-15 FOR HIATT RUN CONDOS, LLC On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, October 28, 2015 at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #05-15 HIATT RUN CONDOS, LLC submitted by GreyWolfc, Inc., to rezone 3.00 acres from the RA (Rural Areas) District to the RP (Residential Performance) District with proffers. This property is located eastern side of Martinsburg Pike (Route 1 1) just before Old Charlestown Road (Route 761). The property is identified with Property Identification Number 44-A-17 in the Stonewall Magisterial District. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.feva.us. Sincerely, Michael T. Ruddy, AICP Deputy Planning Director MTR/pd 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certify that the attached correspondence was maned to the following on from the Deparfsr,ent of Pla -i-,=g and Development, Frederick County, Virginia: 44 - A- - 14- 44 - A- - 7- SHIRLEY DONALD H 2359 MARTINSBURG PIKE STEPHENSON VA 22656-1716 44 • A- - 8- SHIRLEY ALLEN L TRUSTEE SHIRLEY DOROTHY H TRUSTEE 114 EBERT RD WINCHESTER VA 22603-4700 44 -A- - 11- BUTCHER ARDEYTH 0 TRUSTEE 116 EBERT RD WINCHESTER VA 22603.4700 44 • A- - 12- ZUCKERMAN ENTERPRISES INC PO BOX 3275 STASIAK FRANK E 2269 MARTINSBURG PIKE WINCHESTER VA 22603-4717 44 • A• - 15- SPRY NANCY LEE 2259 MARTINSBURG PIKE WINCHESTER VA 22603-4717 44 - A- - 16- WHITACRE BRUCE A WHITACRE JULIA F 2251 MARTINSBURG PIKE WINCHESTER VA 22603-4717 44 - A- - 17- HIATT RUN CONDOS LLC 1440 AMHERST ST WINCHESTER VA 22601 WINCHESTER VA 22604.2475 44 • A• 18- 44 - A- - 13• WESLEYAN FELLOWSHIP CHURCH SHOBE JEFFERSON P CIO REV. GEORGE FRALEY 2279 MARTINSBURG PIKE 152 STONY POINTE WAY STRASBURG VA 22657-2675 WINCHESTER VA 22603-4717 Michael T. Ruddy, Deputy Planning Dir for Frederick County Plani ng Departmen STATE OF VIRGDV A COUNTY OF FREDERICK a Notary Public in and for the State and County aforesaid, do hereby certify that Michael T. Ruddy, Deputy Planning Director for the Department of Planning and Development, whose name is signed to the foregoing, dated 1y 1 I 1 S , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this 1 y day of G My commission expires on LJ4xQ �v�t (_ e'er j NOTARY PUBLIC PAMALA DEETER NOTARY PUBLIC REGISTRATION # 354474 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES DECEMBER 31, 2017 44 - A- - 40- SLAUGHTER JUDITH MCCANN MARSHALL ELLEN L TRUSTEES 562 MILBURN RD WINCHESTER VA 22603.4724 44 - A- - 24- WILSON RITA PO BOX 2996 WINCHESTER VA 22604-2196 44 - A- - 20- MORGAN PETER C MORGAN DARIEN ROSE 102 MCCANNS RD WINCHESTER VA 22603.4719 44 - A- - 25-A WAMPLER JACK SR WAMPLER JACK JR 2648 MARTINSBURG PIKE STEPHENSON VA 22656-1708 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING September 23, 2015 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #05-15 FOR HIATT RUN CONDOS, LLC On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, October 7, 2015 at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #05-15 HIATT RUN CONDOS, LLC submitted by GreyWolfe, Inc., to rezone 3.00 acres from the RA (Rural Areas) District to the RP (Residential Performance) District with proffers. This property is located eastern side of Martinsburg Pike (Route 1 1) just before Old Charlestown Road (Route 761). The property is identified with Property Identification Number 44-A-17 in the Stonewall Magisterial District. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.feva.us. Sincerely, Michael T. Ruddy, AICP Deputy Planning Director MTR/pd 107 North Kent Street, Suite 202 9 Winchester, Virginia 22601-5000 This ; o ce fy that the attached correspondence was mai]ed to the ��Iz follong on C� tom the DepartrrjtD.t of Planai-Do, and Development, Frederick (�rnin 4 - A- 17- 44 - A• - 13• 4 44 RUN CONDOS LLC SHOBE JEFFERSON P 1440 AMHERST ST 2279 MARTINSBURG PIKE WINCHESTER VA 22601 WINCHESTER VA 22603.4717 44 - A- - /- SHIRLEY DONALD H 2359 MARTINSBURG PIKE STEPHENSON VA 22656-1716 44 - A- - 8- SHIRLEY ALLEN L TRUSTEE SHIRLEY DOROTHY H TRUSTEE 114 EBERT RD WINCHESTER VA 22603-4700 44 -A- - 11- BUTCHER ARDEYTH 0 TRUSTEE 116 EBERT RD WINCHESTER VA 22603-4700 44 - A- - 12- ZUCKERMAN ENTERPRISES INC PO BOX 3275 WINCHESTER VA 22604-2475 44 - A- - 18- WESLEYAN FELLOWSHIP CHURCH CIO REV. GEORGE FRALEY 152 STONY POINTE WAY STRASBURG VA 22657 2675 44 - A- - 14- STASIAK FRANK E 2269 MARTINSBURG PIKE WINCHESTER VA 22603-4717 44 • A- • 15- SPRY NANCY LEE 2259 MARTINSBURG PIKE WINCHESTER VA 22603-4717 44 - A• - 16- WHITACRE BRUCE A WHITACRE JULIA F 2251 MARTINSBURG PIKE WINCHESTER VA 22603-4717 t�—oL� Michael T. Ruddy, Deputy Planning Dix ctor Frederick County Plarming Department STATE OF VERGDV A COUNTY OF FREDERICK a Notary Public in and for the State and County aforesaid, do hereby certify that Michael T. Ruddy, Deputy Planning Director for the Department of Pl n and Development, whose name is signed to the foregoing, dated q/ S , has personally appeared before me and acknowledged the same in my State and County aforesaid Given under my hand this 23 day of My commission expires ony C-Q.,V tiL,.,, / U NOTARY PUBLIC PAMALA DEETER NOTARY PUBLIC REGISTRATION N 354474 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES DECEMBER 31, 2017 44 - A- - 40- SLAUGHTER JUDITH MCCANN MARSHALL ELLEN L TRUSTEES 562 MILBURN RD WINCHESTER VA 22603.4724 44 - A- - 24- WILSON RITA PO BOX 2996 WINCHESTER VA 22604.2196 44 - A- - 20- MORGAN PETER C MORGAN DARIEN ROSE 102 MCCANNS RD WINCHESTER VA 22603-4719 44 - A- - 25-A WAMPLER JACK SR WAMPLER JACK JR 2648 MARTINSBURG PIKE STEPHENSON VA 22656.1708 �Nf ADJOINING PROPERTY OWNERS aE�ny To: Data Processing From: Pam -Planning Dept. Please print_ sets of labels by'�� Zpt> Thanks! Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right -of -Hay, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County Administrative Building, 107 North Kent Street. lame and Properth Identification lurnhcr Address NameDon Shirley 2359 Martinsburg Pike Stephenson, VA 22656 Propert. u44-(A)-7 NameAl Shirley 114 Ebert Road Winchester, VA 22603 Propem ::44-(A)-8 NameArdeyth O. Butcher, Tr. 116 Ebert Road Winchester, VA 22603 Propert. =.44-(A)-11 NameZuckerman Enterprises, Inc. 207 Ebert Road Winchester, VA 22603 Property a44-(A)-12 NameJefferSon P. Shobe 2279 Martinsburg Pike Winchester, VA 22603 Propert\ =44-(A)-13 �.Frank E. Stasiak 2269 Martinsburg Pike Winchester, VA 22603 Propert\ ..44-(A)-14 NameNancy Lee Spry 2259 Martinsburg Pike Winchester, VA 22603 Propem 44-(A)-15 Name Bruce A. Whitacre 2251 Martinsburg Pike Winchester, VA 22603 Propert} ::44-(A)-16 Name Wesleyan Methodist Church 152 Stony Pointe Way Strasburg, VA 22657 Propert.=44-(A)-18 \ALe b tiame and Properth Identification Number Address \a111eMcCann Family Land Trust 562 Milburn Road Winchester, VA 22603 Propert :44-(A)-40 \ante Rita Wilson PO Box 2996 Winchester, VA 22604 Propert.=44-(A)-24 Name Peter C. Morgan 102 McCanns Road Winchester, VA 22603 Propert> 44-(A)-20 \are wp nn1�" Property # Name Proper Name Proper Name Property # Name Property '- \amC I'n�ert� • Name Property # Name Propert\ # Name Proper # Nance Property # Name Property # 10 70 (\'t /I ') 1-4 , --f - , �Vn /V)/-A- /-� A- 0 5-15 Coa. kUs, UC- ADJOINING PROPERTY OWNERS Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel Identification 111.1mbei- which may be obtained from the office of the Commissioner of Revenue. The Commissioner ofthe Revenue is located on 117e 2nd_Jloor of the Frederick Counly fldininislrative Building, 107 North Kent ,Slreel. Name and Property Identification Number Address Name Don Shirley 2359 Martinsburg Pike Stephenson, VA 22656 Property 1144-(A)-7 NameAl Shirley 114 Ebert Road Winchester, VA 22603 Property 1144-(A)-8 Nan„eArdeyth O. Butcher, Tr. 116 Ebert Road Winchester, VA 22603 Property 1144-(A)-11 NameZuckerman Enterprises, Inc. 207 Ebert Road Winchester, VA 22603 Property 1144-(A)-12 NameJefferson P. Shobe 2279 Martinsburg Pike Winchester, VA 22603 Property 1144-(A)-13 Name Frank E. Stasiak 2269 Martinsburg Pike Winchester, VA 22603 Property 1144-(A)-14 Name Nancy Lee Spry 2259 Martinsburg Pike Winchester, VA 22603 Property 1144-(A)-15 Name Bruce A. Whitacre 2251 Martinsburg Pike Winchester, VA 22603 Property 1144-(A)-16 NameWesleyan Methodist Church 152 Stony Pointe Way Strasburg, VA 22657 ►'ropert}, 1144-(A)-18 R Name and Property Identification Number Address NameMCCann Family Land Trust 562 Milburn Road Winchester, VA 22603 Proper), 1144-(A)-40 Name Rita Wilson PO Box 2996 Winchester, VA 22604 Property 1144-(A)-24 Name Peter C. Morgan 102 McCanns Road Winchester, VA 22603 Property #44-(A)-20 Name " DGtnM, , U i Property it A 2- Name Property 11 Name Property 11 Name Property 11 Name Property 11 Name Property 11 Name Property 11 Name Property 11 Name Property # Name Property 11 Name Property 11 16 ADJOINING PROPERTY OWNERS Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 217d.Jloor oj'the Frederick County Administrative Building, 107 North Kent Street. Name and Property Identification Number Address Name Don Shirley 2359 Martinsburg Pike Stephenson, VA 22656 Property 1144-(A)-7 NameAl Shirley 114 Ebert Road Winchester, VA 22603 Property 1144-(A)-8 NameArdeyth O. Butcher, Tr. 116 Ebert Road Winchester, VA 22603 Property 1144-(A)-11 NameZuckerman Enterprises, Inc. 207 Ebert Road Winchester, VA 22603 Property 1144-(A)-12 NameJefferson P. Shobe 2279 Martinsburg Pike Winchester, VA 22603 Property 1144-(A)-13 Name Frank E. Stasiak 2269 Martinsburg Pike Winchester, VA 22603 Property 1144-(A)-14 Name Nancy Lee Spry 2259 Martinsburg Pike Winchester, VA 22603 Property 1144-(A)-15 Name Bruce A. Whitacre 2251 Martinsburg Pike Winchester, VA 22603 Property 1144-(A)-16 Name Wesleyan Methodist Church 152 Stony Pointe Way Strasburg, VA 22657 Property 1144-(A)-18 W c� � r Name and Property Identification Number Address Name McCann Family Land Trust 562 Milburn Road Winchester, VA 22603 Property #44-(A)-40 Name Rita Wilson PO Box 2996 Winchester, VA 22604 Property #44-(A)-24 Name Peter C. Morgan 102 McCanns Road Winchester, VA 22603 Property #44-(A)-20 Name Property {{ Name Property It Name Property It Name Property # Name Property # Name Property # Name Property # Name Property # Name Property {{ Name Property # Name Property # 16 C, "'0.(2 y REQUESTING AGENT. DEPT. OF GEOGRAPHIC INFORMATION SYSTEMS FREDERICK COUNTY, 'VIRGP�IA n�; A GIS, MAPPING, GRAPHICS WORKREQUEST DATE RECEIVED: 9/1 REQUESTED COMPLETION DATE: �cL �- Department, Agency, or Company: - Mailing and/or Billing Address: Telephony: E-mail Address: ESTIMATED COST OF PROJECT: FAX: DESCRIPTION OF REQUEST: (Write additional information on back of request) uC )�rl`v PLC L(`►-A- 11 DIGITAL: SIZES: COLOR: PAPER: FAX: E-MAIL: BLACK/WHITE: NUMBER OF COPW. ;: STAFF MEMBER: COMPLETION DATE: MATERIALS: DATE OF PICK-UP/DELIVERY: AMOUNT DUE: AMOUNT BILLED: METHOD OF PAYMENT: HOURS REQUIRED: AMOUNT PAID: CHECK NON.. Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-5651) P 4_6 RA i 46 REZONING TRACKING SHEET Check List: Application Form ✓ Fee & Sign Deposit Proffer Statement ✓ Deed Impact Analysis ✓ Plat/Survey Adjoiner List ✓ Taxes Paid Statement ✓ ct i l I S/ File opened l I c Reference manual updated/number assigned D-base updated 9 I 1S Copy of adjoiner list given to staff member for verification "t I I I Color location maps ordered from Mapping 5-12q-15 Application Action Summary updated ) Planning Commission Meeting ACTION: Board of Supervisors Meeting ACTION: 4QQ-Une Signed copy of Resolution received from County Administrator and placed in Proffers Notebook together Nvith proffers / 4 jo I Approval (or denial) letter mailed to applicant/copy to file and cc's Reference manual updated I D-/ U / �, D-base updated l A - / 5- /5 Application Action Summary updated la. � I I I � 5 File given to Mapping to update zoning map a l l l l 5 Zoning map amended Proffers recorded Sys Ill #