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PC 01-17-07 Meeting AgendaFILE COPY AGEI FREDERICK COUNTY PLANNING COMM1SSion4 The Board Room Frederick County Administration Building Winchester, Virginia January 17, 2007 7:00 P.M. CALL TO ORDER TAB 1) Adoption of Agenda: Pursuant to established procedures, the Planning Commission should adopt the Agenda for themeeting. .............................................................................................................. (no tab) 2) Committee Reports.................................................................................................. (no tab) 3) Citizen Comments.................................................................................................... (no tab) PUBLIC HEARING 4) Urban Development Area (UDA) Study Policy, consideration of amendments to the Frederick County 2003 Comprehensive Policy Plan, Chapter 6, Land Use, to modify the land use policy text to reflect the land use policy proposal for the urban areas of Frederick County promoted by the UDA study. Mr. Ruddy........................................................................................................................ (A) 5) Rezoning #22-06 for Southern Hills, submitted by William H. Gordon Associates, to rezone 15.53916 acres from RP (Residential Performance) District to B2 (General Business) District with proffers, and 90 acres from RP (Residential Performance) to RP (Residential Performance) with revised proffers for residential and commercial uses. The properties are located approximately 2,800 feet south of the intersection of Route 277 and Town Run Lane, in the Opequon Magisterial District, and are identified by Property Identification Numbers 85D-1-1-1 through 85D -1-1-95B and 85-A-138. Mr. Ruddy....................................................................................................................... (B) PUBLIC MEETING 6) Master Development Plan #16-06 for Southern Hills, submitted by William H. Gordon Associates, to rezone 15.53916 acres from RP (Residential Performance) District to B2 (General Business) District with proffers, residential and commercial uses. The properties are located approximately 2,800 feet south of the intersection of Route 277 and Town Run Lane, in the Opequon Magisterial District, and are identified by Property Identification Numbers 8513-1-1-1 through 85D -1-1-95B and 85-A-138. Mr. Ruddy........................................................................................................................ (C) 7) Conditional Use Permit #09-06 of Joyce Myers for a Kennel. This property is located at 625 Town Run Lane (Route 1012), and is identified with Property Identification Number 85- A-137 in the Opequon Magisterial District. Mr. Henry.......................................................................................... (D) 8) Landscape Buffer Waiver Request for Master Development Plan #04-06 - Brookland Manor, submitted by Dewberry, to request a waiver of Article IV, Supplementary Use Regulations, Section 165-37C(3), Interior Residential Screening and 165-37B(1), Landscape Screening of Chapter 165, the Subdivision Ordinance. The properties are located on Brookland Lane, off Valley Mill Road, in the Red Bud District and are identified with Property Identification Numbers 54-2-5 and 54-2-6. Mr. Suchicital...................................................................................... (E) 9) Other COUNTY of FREDERICK Departme-at of Planning and Development 540/665-5651 FAX: 540/665-6395 MEMORANDUM TO: Planning Commission FROM: Michael T. Ruddy, AICP : Deputy Director use RE: __Public Hearing; UDA Study — Land Use Proposal for the Comprehensive Plan. DATE: January 3, 2007 Enclosed for the Planning Commission's review and Public Hearing is the Urban Areas Land Use Proposal for the Comprehensive Plan. The UDA Working Group and Comprehensive Plans and Programs Subcommittee have been working over recent months to finalize the proposal. Both the Planning Commission and Board of Supervisors held discussion sessions during November and December respectively, and provided valuable input and direction on this item. This policy will be inserted directly into the Land Use section of the 2003 Comprehensive Policy Plan, Chapter 6, as a desirable addition to the County's land use policy. As noted in the proposal, this land use policy would enable a positive alternative to the land use policy presently within the Comprehensive Plan. In summary, the proposed land use policy and principles promoted by the UDA Study for the urban areas of the County enables a proactive and creative land use plan that will meet growth demands, assure a sustainable community, and maintain a high quality of life for its citizens. The improved land use plan promotes and enables a new pattern of land use for the urban areas of Frederick County that would be applicable within the UDA, and in identified areas adjacent to the UDA. The Land Use Proposal for the Urban Areas is based upon Creating Community in the Urban Areas and the following: Development Principles in the Urban Areas New Urbanism and Traditional Neighborhood Design methods are envisioned to be an effective tool for growth management of the County's urban areas. Future land uses and new development within the County will be generally based upon the following principles: Mix and integration of a variety of uses, Mix and diversity of housing opportunities, Increased density in an urban form, Walkability, Connectivity, Traditional neighborhood structure, High quality architecture and urban design, Sustainability and environmental quality, Smart transportation, Integrated community facilities, Community focal points, and Enhanced design and planning. 107 North Kent Street, Suite 202 ® Winchester, Virginia 22601-5000 Planning Commission UDA Study — Land Use Proposal, Public Hearing January 3, 2007 Page 2 Neighborhood Villages and Urban Centers Envisioned throughout the urban areas of the County is a new philosophy of development that creates neighborhoods which incorporate residential, retail, educational, and public uses, commercial services, opportunities for employment, and institutional and recreational resources. Neighborhood Villages and Urban Centers would be the building blocks of the urban fabric of Frederick County's urban areas. The land use concept of the Neighborhood Villages and Urban Centers would enable land owners and the County the opportunity to choose an appropriate development style and form that would add long term value to the community. This choice is in addition to the land use concepts presently identified in the Comprehensive Plan. Potential Neighborhood Village and Urban Center Locations have been identified. Neighborhood Villages Neighborhood Villages are envisioned to be compact centers that focus and complement the surrounding neighborhoods, are walkable and designed at a human scale, and which are supported by existing and planned road networks. Urban Centers The Urban Center is larger than the Neighborhood Village and is envisioned to be a more intensive, walkable urban area with a larger commercial core, higher densities, and be designed around some form of public space or focal point. Urban Centers should be located in close proximity to major transportation infrastructure. Community Facilities in the Urban Areas Community facilities, in particular schools and their locations, have tremendous effect on how our communities grow. There is an opportunity to improve the quality of the community and schools together by applying contemporary planning principles to community facility planning. In general, an important theme of this land use approach is that community facilities should serve as the focal point for Neighborhood Villages and Urban Centers and the urban areas. Community centered schools are aimed at promoting more livable places and improving the overall educational experience. In general, the community should place a greater emphasis on joint use of facilities for a variety of entities and uses. The importance of community connectivity is recognized. There is a need to provide linkages between trails, parks, opens spaces and community uses. Transportation in the Urban Areas The Neighborhood Villages and Urban Centers are based on the premise of walkable, pedestrian orientated urban communities. In general, the County's transportation network should be designed for connectivity. Streets within the neighborhood should provide a connected network, offering a variety of routes and dispersing traffic. Transportation improvements should be designed as public spaces with multimodal opportunities that promote traffic safety and reduce congestion. Planning Commission UDA Study — Land Use Proposal, Public Hearing January 3, 2007 Page 3 The County should continue to ensure that the Community's transportation planning efforts promote a multimodal transportation plan that addresses existing and future transportation needs of the County and the Win -Fred MPO area. This regional planning effort is supplemented by the County's Eastern Road Plan, a tool that enhances the level of planning, detail, and design of the needed transportation improvements of the community. The Bicycle and Pedestrian Mobility Plan effort should be used as a tool that enhances the community's walkability and generally improves the multimodal accommodations available to the community. In general, walkable, pedestrian orientated human scale urban communities are encouraged. Green Infrastructure in the Urban Areas The Green Infrastructure includes those features that enrich the quality of life and are necessary for the protection of clean air, water, and natural resources, and will serve as the central organizing concept for future land use in both the urban areas. This is a public hearing item for the Planning Commission. A recommendation from the Planning Commission to the Board of Supervisors would be appropriate. The Board of Supervisors is scheduled to hold a public hearing at their February 2007 meeting. MTR/bad Attachments • J UDA Study - Land Use Proposal for the Comprehensive Policy Plan UDA Study Land Use Proposal for the Comprehensive Policy Plan The UDA Working Group of the Comprehensive Plans and Programs Subcommittee October 2006 - DRAFT for Public Hearing UDA Study 2006 UDA Study - Land Use Proposal for the Comprehensive Policy Plan lTrhan Areas Urban Development Area Sewer and Water Service Area Creating Community in the Urban Areas Development Principles in the Urban Areas Neighborhood Villages and Urban Centers Potential Neighborhood Village and Urban Center Locations Community Facilities in the Urban Areas Transportation in the Urban Areas Green Infrastructure in the Urban Areas Implementation of the UDA Study Neighborhood Urban Community Center Land Use Plans New Urbanist/Traditional Neighborhood Zoning Classification C & I Opportunities 2 UDA Study 2006 UDA Study - Land Use Proposal for the Comprehensive Policy Plan Urban Areas Urban Development Area (UDA) Sewer and Water Service Area (SWSA) The concept of Urban Growth Boundaries, such as the County's Urban Development Area and Sewer and Water Service Area, is based upon the theory that within the County's urban areas, a more compact, dense development is better and more efficient than extensive, low density development. In order to manage growth effectively it is important to appropriately designate the general location of planned urban development. By identifying the Urban Development Area and confining urban development to that area, the County is able to determine where to direct special, intensive efforts at providing facilities and services. Generally, within the urban areas there is a need to provide a diversity of types of locations for various types of development in order to accommodate a competitive land market, and provide for consumer choice. Therefore, sufficient land needs to be included in the Urban Development Area to accommodate a variety of development opportunities. A principal aim of the land use policy for the urban areas is to increase the opportunities available within the UDA by identifying focal points within the UDA that would enable greater potential to accommodate anticipated community growth in a well planned area. It is anticipated that providing sufficient land and opportunity for development in the Urban Development Area should also decrease development pressures in the rural areas. In general, average gross densities of conventional suburban developments in the Urban Development Area have been between two and three units per acre in recent years. There is a need to continually monitor densities and intensities of development and associated impacts. However, a variety of residential densities which are generally higher than those previously experienced in the County would be appropriate throughout the County's urban areas with higher densities accommodated in designated areas of the UDA. 3 UDA Study 2006 UDA Study - Land Use Proposal for the Comprehensive Policy Plan Larger, planned communities with urban densities are proposed as an appropriate form of development in the Urban Development Area. Such planned communities provide an opportunity to create well planned, distinct places. However, they should only be approved if roads and facilities are provided with sufficient capacity to support such developments. Such planned communities should fit within the context of the Comprehensive Policy Plan. In order for new areas of urban land uses to be established in the Urban Development Area and Sewer and Water Service Area, roads and public facilities of adequate capacity should be provided to serve the new urban areas. In order for any proposed rezoning to be approved, the applicants will be expected to contribute a reasonable portion of the costs of new or expanded infrastructure needed to serve the proposed development. Such contributions can be in the form of cash, dedicated land, or constructed improvements. Creating Community in the Urban Areas. The UDA Study of 2006 evaluated current land use patterns, comprehensive policy plan language, development trends, and contemporary planning practices. Two ways of creating community were identified and are as follows. One is to infill where appropriate both public facilities and non-residential uses where existing residents live, where children go to school, creating places where residents can shop, places where residents can recreate, and places where residents can work are examples. The second is to promote a new form of development as a desirable choice for the UDA, a new form of development that is designed to accommodate anticipated community growth in an urban environment. Further, the approach promotes an increase in the overall residential density in the UDA. It is believed that such an approach will also provide efficiency in providing community facilities. It is an approach that will also provide an opportunity to address the multimodal transportation needs of the community. In proposing a new form of development of the UDA, the Comprehensive Policy Plan firmly seeks to create community within Urban Development Area. 4 UDA Study 2006 UDA Study - Land Use Proposal for the Comprehensive Policy Plan The land use policies of this plan are designed to enable new focal points to emerge within the urban areas of the County. Whether this is within an area of the UDA with an existing land use pattern that has developed conventionally over time, or within an undeveloped greenfield area of the UDA which would provide an opportunity to fully realize the creation of community within the UDA. In either of the above scenarios, the goal of the UDA Study is to enable the creation of livable communities within the UDA that are diverse and vibrant, appealing and functional, provides a high standard of living for a broad cross section of the community, and promotes a sense of place. Development Principles in the Urban Areas To further facilitate the growth and development of the County's urban community, and to ensure that the right kind of development is occurring in the appropriate places, a set of development principles is promoted to guide the new form of development. New Urbanism and Traditional Neighborhood Design methods have been studied and are envisioned to be an effective tool for growth management of the County's urban areas. The principles of New Urbanism or Traditional Neighborhood design are extremely appropriate for application throughout the urban areas of the County. As such, it is intended that future land uses and new development within the County will be generally based upon the following principles. Mix and integration of a variety of uses Increased density in an urban form Connectivity High quality architecture and urban design Smart transportation Community focal points Mix and diversity of housing opportunities Walkability Traditional neighborhood structure Sustainability and environmental quality Integrated community facilities Enhanced design and planning 5 UDA Study 2006 UDA Study Land Use Proposal for the Comprehensive Policy Plan The application of the development principles in the appropriate locations seeks to ensure that the urban areas of the County will be made up of walkable, mixed-use neighborhoods, feature a variety of housing choices, high quality retail, community facilities as focal points, employment opportunities, and will provide for land uses that are connected by an attractive, efficient, multimodal transportation system. The mixing of uses will provide a greater choice in mobility. Further, focusing development around walkable centers affords people the opportunity to work, live, shop, and play in locations that are near each other. Neighborhood Villages and Urban Centers_ Envisioned throughout the urban areas of the County is a new philosophy of development that creates neighborhoods which incorporate residential, retail, educational, and public uses, commercial services, opportunities for employment, and institutional and recreational resources. The land use concept of the Neighborhood Villages and Urban Centers would enable land owners and the County the opportunity to choose an appropriate development style and form that would add long term value to the community. This choice is in addition to the land use concepts presently identified in the Comprehensive Plan. Neighborhood Villages and Urban Centers would be the building blocks of the urban fabric of Frederick County's urban areas. Neighborhood Villages Neighborhood Villages are envisioned to be compact centers that focus and complement the surrounding neighborhoods, are walkable and designed at a human scale, and which are supported by existing and planned road networks. Urban Centers The Urban Center is larger than the Neighborhood Village and is envisioned to be a more intensive, walkable urban area with a larger commercial core, higher densities, and be designed around some form of public space or focal point. Urban Centers should be located in close proximity to major transportation infrastructure. 6 UDA Study 2006 UDA Study - Land Use Proposal for the Comprehensive Policy Plan The intent of the Neighborhood Villages and Urban Centers is to provide for a mixture of housing types and uses within a carefully planned environment. Guided by Neighborhood Villages and Urban Center Community Plans, similar to the small area land use plans historically implemented in recent County planning efforts, Neighborhood Villages and Urban Center Community Plans would be designed to guide the physical form, structure, density, mix of uses, community facilities and transportation enhancements. This concept would build upon recent Small Area Plans which introduced the mixed use concept into the County. Neighborhood Residential Land Uses, Neighborhood Commercial Land Uses, Public and Institutional Land Uses, and Planned Communities would be integrated within the Neighborhood Villages and Urban Centers. Further, the physical form of the urban areas would be guided by development principles previously described in this Chapter. A goal of the Neighborhood Villages and Urban Centers is to create new neighborhoods with an appropriate balance between residential, employment, and service uses. The appropriate balance would be determined by the characteristics of their particular location within the Urban Development Area. A feature of the Neighborhood Villages and Urban Centers will be the mix and variety of uses. A horizontal and vertical mix and integration of uses should be encouraged. Neighborhood Villages and Urban Centers would be designed to enable a complementary, pedestrian oriented mix of public and private facilities to meet the needs of the community. The design of Neighborhood Villages and Urban Centers is intended to foster a sense of community by creating vibrant places of activity that could accommodate life, work, and play. The Neighborhood Villages and Urban Centers should be different from each other and be designed with the concept of placemaking as a guiding element. It should be recognized that a range of centers from a smaller neighborhood scale to a more intensive urban scale may be appropriate. 7 UDA Study 2006 UDA Study - Land Use Proposal for the Comprehensive Policy Plan More detailed neighborhood planning efforts would ultimately help determine the scale of the Neighborhood Villages and Urban Centers based upon a variety of factors, not least of which is the locational opportunities that may exist in any particular location. For example, it would be important to recognize that an Urban Center located adjacent to a future interchange on Interstate 81 would have the opportunity to be significantly more intensive than a Neighborhood Village located central to the existing communities located along Senseny Road. Density is essential to making the vision of the Neighborhood Villages and Urban Centers and desirable urban places a reality. Density is a good thing for the urban community in that it provides an opportunity to create the diverse and vibrant, appealing and functional, urban places envisioned for the urban areas of the County. Density and a mix of uses would provide the opportunity for an increased level of community activity and social interaction. Density, appropriately designed, would make possible the walkable, human scaled, pedestrian oriented Neighborhood Villages and Urban Centers envisioned by this plan. It is anticipated that Neighborhood Villages and Urban Centers will be located within the Urban Development Area. Modifications to the boundaries of the Urban Development Area to facilitate the development of the Neighborhood Villages and Urban Centers should only occur when the primary goal of the UDA Study has been addressed to the satisfaction of the County. To that end, conformance with the Comprehensive Plan is a primary consideration. Neighborhood Villages and Urban Center Plans should be ideally developed prior to the contemplation of requests to modify the boundaries of the UDA. Such plans, elements of the Comprehensive Policy Plan would then guide future growth and development in the appropriate areas of the County. Community facility and infrastructure capacities and capabilities, implementation of County transportation planning efforts, unique proposals that addresses an expressed need of the County, economic development opportunities, and affordable housing are also important elements to consider when considering modifications to the urban areas of the County. 8 UDA Study 2006 UDA Study - Land Use Proposal for the Comprehensive Policy Plan Special emphasis is placed on the thoughtful provision of public spaces, recreational areas, and open spaces. In addition, the urban areas should be carefully planned to respect and take advantage of unique natural features and settings, protect and preserve natural and historic resources and features, and enhance the natural, scenic, and cultural value of the urban areas of the County. Special care must be taken to ensure that the necessary infrastructure improvements, community facilities, and transportation improvements are available and provided for to support the urban areas and Neighborhood Villages and Urban Centers. It is the intent of land use policy, through the application of a new form of development and the identification of the Neighborhood Villages and Urban Center concept, to provide the opportunity for a new pattern of growth that will provide a new market opportunity and ultimately result in enhanced urban areas within Frederick County. Potential Neighborhood Villages and Urban Centers Locations. The preliminary location of Neighborhood Villages and Urban Centers was identified by evaluating general qualifying characteristics of a particular location that provided the County with an opportunity to implement the proactive and creative land use principles presented in the UDA Study. The general public, through their participation in the series of public meetings, further helped define the potential locations for Neighborhood Villages and Urban Centers. Potential locations. Senseny Road Triangle Justes Drive School Cluster Villages at Artrip Warrior and Tasker Lakeside at the Library Kemstown Sunnyside Papermill Road at New I-81 Interchange Stephens City 277 Area West Jubal Early Crosspointe Neighborhood Village Neighborhood Village Neighborhood Village Neighborhood Village Neighborhood Village Neighborhood Village Neighborhood Village Urban Center Urban Center Urban Center Urban Center 9 UDA Study 2006 UDA Study - Land Use Proposal for the Comprehensive Policy Plan Neighborhood Villages and Urban Center Plans would be designed for the identified locations to guide the physical form, structure, density, mix of uses, community facilities and transportation enhancements. Neighborhood Villages and Urban Center Plans would be designed to address the goals of the Urban Development Area as identified through the UDA Study and would be designed at a human scale and with walkability as a key concept to facilitate the creation of Neighborhood Villages and Urban Centers that have character and create a sense of place. The design and form of the development within the County's urban areas is a very important consideration. With an increase in the density of the County's urban areas is a need to recognize that the level of design and planning within the urban areas must increase accordingly. The level of sophistication of community planning should increase and the community should provide leadership in this regard. The initiation of a neighborhood planning effort would be an example of a proactive approach to addressing the needs of the urban areas of the County and promoting successful Neighborhood Villages and Urban Centers. Equally important is the predictability that is offered by such an approach to the County and to the development community when developing such projects. An increase in density in the urban areas is also important when considering the need to provide necessary community facilities and amenities in locations that are highly accessible. Efficiency in addressing the community facility, infrastructure, and transportation needs of a growing community in a resourceful and effective manner is a component of the land use approach proposed. The land use approach would also allow for the efficient delivery of public services. In order for new areas of urban uses to be established in the Urban Areas in the manner envisioned in this plan, roads and public facilities of sufficient capacity should be provided to serve the new urban areas. For any proposed rezoning to be approved, the applicants will be expected to contribute a reasonable portion of the costs of new or expanded infrastructure needed to serve the proposed development. Such contributions can be in the form of cash, dedicated land, or constructed improvements. 10 UDA Study 2006 UDA Study - Land Use Proposal for the Comprehensive Policy Plan In planning the urban areas, careful consideration of land uses adjacent to the Neighborhood Villages and Urban Centers must occur to ensure that an appropriate transition to the surrounding areas and sensitive integration into the community is achieved. Community Facilities in the Urban Areas In evaluating community growth patterns, it is appropriate to assess how and where the community invests in the community facilities needed to support a growing community. Community facilities, in particular, schools and their locations have tremendous effect on how our communities grow. The challenges associated with community growth and the provision of new community facilities, in particular new school construction, also create an opportunity to improve the quality of the community and schools together by applying contemporary planning principles to community facility planning. This opportunity translates to other community facility needs including parks and recreation, library, and emergency services. It has been determined through the UDA Study that many of the needs of County's community facility providers could be addressed through this proactive land use approach. Collaboration between County agencies should continue to be a priority goal in order to ensure that the investment made in the County's community facilities, including the community's school system, will provide the best possible environment for positive community growth. In general, an important theme of this land use approach is that community facilities should serve as the focal point for Neighborhood Villages and Urban Centers and the urban areas. Community centered schools are aimed at promoting more livable places and improving the overall educational experience. New Urbanism promotes community centered schools as an element of a fully integrated community and as a resource and enhancement for the entire cornu anity. Schools should be located in existing or future neighborhoods, within walking distance and accessible to residents of the community. 11 UDA Study 2006 UDA Study - Land Use Proposal for the Comprehensive Policy Plan New Urbanism also promotes the importance of small playgrounds and open spaces being near every dwelling. Accordingly, Parks and Recreation facilities are an important component of this land use approach. In general, the community should place a greater emphasis on joint use of facilities for a variety of entities and uses. Such an approach would be beneficial to the community facility providers and the broader community. The importance of community connectivity is recognized with this land use approach. There is a need to provide linkages between trails, parks, opens spaces and community uses. This should be a prominent element of future planning efforts. Transportation in the Urban Areas The County's Comprehensive Policy Plan continues to ensure that a sufficient transportation network is provided to accommodate the Plan's envisioned future land uses. The nexus between land use planning and transportation planning continues to be a critical consideration of the Community's planning efforts. The County should continue to ensure that the Community's transportation planning efforts promote a multimodal transportation plan that addresses existing and future transportation needs of the County and the Win -Fred MPO area. Coordination within the Win -Fred Metropolitan Planning Organization is essential. The Win -Fred 2030 Transportation Plan is a multimodal plan that seeks to provide a blue print of the locally desired transportation improvements which address both existing and long- range transportation needs of the community. This regional planning effort is supplemented by the County's Eastern Road Plan which provides additional guidance regarding transportation improvements necessary to accommodate the land uses envisioned in the urban areas of the County. The Eastern Road Plan should continue to be used as a tool that enhances the level of planning, detail, and design of the needed transportation improvements of the community. 12 UDA Study 2006 UDA Study - Land Use Proposal for the Comprehensive Policy Plan The County, in conjunction with the Win -F red MPO, is currently completing a Bicycle and Pedestrian Mobility Plan. This effort should be used as a tool that enhances the community's walkability and generally improves the multimodal accommodations available to the community. The Bicycle and Pedestrian Mobility Plan's application to the new urbanism approach to land use planning should prove to be invaluable as a tool in the County's future community planning efforts. In particular, the goal of encouraging walkable, pedestrian orientated human scale urban communities. Within the context of the urban areas, the Neighborhood Villages and Urban Centers are based on the premise of walkable, pedestrian orientated urban communities. The concept of walkable catchment areas, also known as ped sheds, guides the general scope of Neighborhood Villages and Urban Centers by showing the actual area within a five to ten minute walking distance from a Neighborhood Villages and Urban Center, community focal point, or major transportation stop. In general, the County's transportation network should be designed for connectivity. Streets within the neighborhood should provide a connected network, offering a variety of routes and dispersing traffic. Transportation improvements should be designed as public spaces with multimodal opportunities that promote traffic safety and reduce congestion. The community's business corridor planning effort should continue to be enhanced with corridor design standards that reflect the aesthetic and functional needs of the community's entrance corridors and the urban qualities of the transportation system within the Neighborhood Villages and Urban Centers. Green Infrastructure of the Urban Areas An important feature that translates through both the rural and urban areas of the County is the concept of Green Infrastructure. Green Infrastructure is the County's natural life support system - an interconnected network of land and water that supports native species, maintains natural ecological processes, sustains air and 13 UDA Study 2006 UDA Study - Land Use Proposal for the Comprehensive Policy Plan water resources and contributes to the health and quality of life for this community and its people. Green Infrastructure encompasses farmland, streambeds, woodlands, parks and scenic views. The Green Infrastructure includes those features that enrich the quality of life and are necessary for the protection of clean air, water, and natural resources, and will serve as the central organizing concept for future land use in both the rural areas and the urban areas. In the rural and urban areas of the County, the Green Infrastructure concept identifies critical areas for conservation, establishes priorities for protection, and recommends tactics for implementation. It focuses on ecologically important resource areas (woodlands, quality wildlife habitat), and critical areas for the protection of aquatic resources (wetlands, riparian corridors, floodplains). It can also include culturally important resources such as historic buildings and battlefields, which while not part of the Green Network, are valued by the community and contribute to the overall character of the area. Designing the Frederick County Green Infrastructure Network In order to design the Green Infrastructure Network for the County's Urban Areas, desired network attributes should be identified and data gathered on their spatial arrangements. Firstly, all land features protected by the Frederick County Zoning Ordinance should be considered. These include: ® floodplain; • lakes and ponds; • wetlands, natural waterways and riparian buffers; 0 sinkholes; O natural stormwater retention areas; and ® steep slopes. These areas warrant the highest level of protection, and are generally unbuildable land unfit for development. These areas should be the Primary Conservation Resources of the Frederick County Green Infrastructure Network. 14 UDA Study 2006 UDA Study - Land Use Proposal for the Comprehensive Policy Plan Secondly, other landscape features were evaluated for possible inclusion in the Green Infrastructure Network. These were based on input from the public and stakeholders that was received through recent planning efforts and the UDA Study process. Suggested features worthy of consideration in the development process include: • Woodlands; • Scenic viewsheds ° • Riparian areas; • Existing corridor screening; ® Parks; and • Trails. Land resources such as these should be classified as Secondary Conservation Resources of the Frederick County Green Infrastructure Network. Thirdly, historic features were evaluated for possible inclusion in the Green Infrastructure Network. Properties listed on the National Register of Historic Places, the Virginia Landmark Register and Civil War Battlefields and Sites (as defined by the National Parks Service Shenandoah Valley Civil War Sites Study), should be classified as Secondary Resources. Secondary conservation resources should not have the same level of protection as primary resources. However, their presence on a site should be a consideration in designing any new developments. Land owners and developer will be encouraged to protect secondary conservation resources, but this will be done on a voluntary basis. The natural and cultural features of an area provide an opportunity to incorporate the unique features of an area into a planning effort that promotes the character of the community, furthering the community's sense of place. 15 UDA Study 2006 UDA Study - Land Use Proposal for the Comprehensive Policy Plan In summary, the proposed land use policy and principles promoted by the UDA Study for the urban areas of the County enables a proactive and creative land use plan that will meet growth demands, assure a sustainable community, and maintain a high quality of life for its citizens. The improved land use plan promotes and enables a new pattern of land use for the urban areas of the Frederick County that would be applicable within the UDA, and in identified areas adjacent to the UDA. Implementation of the UDA Study Neighborhood Urban Community Center Land Use Plans Promote the initiation of an on-going Neighborhood Planning Effort and the implementation of the principles of New Urbanism in the identified Neighborhood Villages and Urban Centers. Prioritization of the Neighborhood Villages and Urban Centers for the purpose of initiating the application of the County's Neighborhood Planning Effort. Senseny Road Greenwood Road Channing Drive Route 277 - New Main Street Stephens City New Urbanist/Traditional Neighborhood Zoning Classification Flexible zoning classification tailored to enabling Neighborhood and Urban Village Centers, or a part thereof, to be developed. The Neighborhood Villages and Urban Centers are to be designed to implement the planning principles promoted for the urban areas of the County. Approach would be similar to that of the R-4, Residential Planned Community; however it would be applicable to smaller properties located within those areas designated as Neighborhood Villages and Urban Centers. Such an approach should be promoted throughout the UDA. However, particular emphasis should be placed on the designated Neighborhood Villages and Urban Centers 16 UDA Study 2006 UDA Study - Land Use Proposal for the Comprehensive Policy Plan An additional tool would be the creation of a New Urbanist Overlay zoning district that embraces the principles of New Urbanism. This could be applied over exiting residentially zoned land uses. In addition, enabling ordinances that would create Zoning and Subdivision Ordinance language that would facilitate the planning principles promoted to be realized and the implementation of New Urbanist projects a reality. C & I Opportunities. Achieve a business development strategy that seeks to provide appropriate locations for commercial and industrial opportunities and seeks to achieve a balanced ratio between the residential and commercial/industrial growth of 60 percent residential to 40 percent commercial/industrial (60/40) within the UDA/SWSA. Update Zoning Ordinances to accommodate targeted businesses. Identified C & I Opportunities beyond the current boundaries of the UDA and SWSA: Double Tollgate Triangle South East Frederick /East 522 Route 50 East at Route 37 Bypass 17 UDA Study 2006 d Ay Ndighbdrh V Potential d Vi!16§e &,Urb-an Center Locations 1 4r I Neighborhood Village & Urban Centers Update Map with Current UDA & SWSA Neighborhood Villages (with Ped Sheds (.25 &.5 miles)) Urban Centers (with Ped Sheds (.25 &.Smiles)) 0"%., UDA sws". Stephe q, it Miles W* 0 05 1 2 y, iONX—t f —COf-RFDERY VAUS 0, tober 1,. 921, • • �7 REZONING APPLICATION #22-06 SOUTHERN HILLS Staff Report for the Planning Commission Prepared: January 3, 2007 Staff Contact: Michael T. Ruddy, Deputy Planning Director This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: January 17, 2007 Pending Board of Supervisors: February 14, 2007 Pending PROPOSAL: To rezone 105 acres of land, 15.53916 acres from RP (Residential Performance) District to B2 (General Business) District with proffers, and 90 acres from RP (Residential Performance) to RP (Residential Performance) with revised proffers, for residential and commercial uses. LOCATION: Approximately 2,800 feet south of the intersection of Route 277 and Town Run Lane MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBER: 85D-1-1-1 through 85D -1-1-95B and 85-A-138 PROPERTY ZONING: RP (Residential Performance) District PRESENT USE: Residential and Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas Zoning) South: RA (Rural Areas Zoning) East: RA (Rural Areas Zoning) West: RA (Rural Areas Zoning) Use: Residential /Utility Use: Residential / Agricultural Use: Agricultural Use: Vacant / Agricultural PROPOSED USES: 88 single family detached and 232 single family attached residential uses and commercial uses. Rezoning #22-06 — Southern Hills January 3, 2007 Page 2 Planning & Zoning: 1) Site History On July 11, 2001, the Board of Supervisors approved Rezoning Application #01-01 to rezone 105 acres from RA (Rural Area) to RP (Residential Performance) to enable the construction of 250 single family residential lots. Additional proffers were provided with this rezoning application that guided the development of the property, including a Generalized Development Plan, the construction of area transportation improvements, an easement adjacent to neighboring properties, preservation of and access to an existing family cemetery, and monetary contributions to offset the impacts of the development on community facilities and to facilitate an adjacent transportation improvement. The original Proffer Statement for RZ #01-01 is enclosed for your information. 2) Request to rezone and revise Proffers The applicant has submitted this request to rezone a 15 acre portion of the original 105 acre rezoning from RP (Residential Performance) to B2 (Business General) and to amend the proffers associated with the original rezoning. In general, the revised proffers provide for a mix of land uses and housing types, and an improved layout for the project as depicted on the revised Generalized Development Plan. Most significantly, the revised proffers also provide for the dedication to the County of a 100' right-of-way for the future construction of Warrior Drive extended which would ultimately align with the future Exit 307 Interchange on Interstate 81. The applicant is requesting approval for 88 single family detached residential units and no more than 232 single family attached residential units. This is a potential net increase of seventy units above the originally approved 250 units for a potential total of 320 residential units. The gross density of the original project was 2.3 units per acre. The gross density of the revised project would be 3 units per acre with a net residential density of 3.5 units per acre. Recent planning efforts between the County, Town of Stephens City, and VDOT, have identified the approximate location and centerline of the future Interstate 81, exit 307 interchange. The Applicant's proposed dedication of right-of-way to facilitate the extension of Warrior Drive major collector road is consistent with the location identified in the most recent efforts of the planning group. The applicant's request to rezone approximately 15 acres of commercially zoned land introduces a commercial component to the project in a highly visible and commercially viable location. Access to the commercial area would be provided via Town Run Lane and the future extension of Warior Drive. The Applicant has sought to ensure that their access to Warrior Drive is maintained through language contained within the Proffer Statement. Rezoning #22-06 — Southern Hills January 3, 2007 Page 3 3) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1-11 Transportation The Frederick County Eastern Road Plan, updated in 2006, identifies a new major collector road, Warrior Drive extended, which will extend south from Warrior Drive and Fairfax Pike, Route 277, to Double Church Road, then west to Town Run Lane and the relocated Interstate 81 Exit 307. Exit 307 of Interstate 81 is planned to be relocated south of its current location. The new major collector road is identified with an urban four lane divided road section. 4) Potential Impacts The consideration of this rezoning and proffer revision request was evaluated with an understanding that a primary element of the County's long range planning efforts, the extension of Warrior Drive through the limits of the property to a future interchange with Interstate 81, would be facilitated with the request presented by the Applicant. Notwithstanding this consideration, the impacts of the proposal compared to the original approved rezoning should be taken into consideration. The various reviewing agencies have not provided additional comment on the rezoning request. This is due to the Applicant's willingness to provide a revised Master Development Plan for this project at the same time as the rezoning is being considered. The various review agencies have been involved in the detailed review of this project through the Master Development Plan process. An updated Transportation Impact Analysis was not required for this request. It is recognized that the additional vehicle trips from the modified housing program and commercial property would create an incremental impact on the existing road network. However, the transportation improvements previously proffered and implemented by the Applicant address the short term transportation impacts in this area. These improvements include the extension of Stickley Drive to connect with Town Run Lane, improvements to Town Run Lane, and a monetary contribution in the amount of $100,000 for construction funding at the intersection of Stickley Drive and Route 277. The dedication of the right-of-way for the future construction of Warrior Drive extended, a significant section of the long term solution to the transportation needs of this area, addresses the long range transportation improvements envisioned for this area. Ultimately, the long term transportation planning efforts of the community would be able to be implemented with the approval of this rezoning and revised proffer statement. Rezoning 422-06 — Southern Hills January 3, 2007 Page 4 The approved rezoning provided for a monetary contribution to offset the impact of the development on community facilities. This proffered contribution provided for $4,910.00 per residential lot and was based on the old fiscal impact model. The Applicant's rezoning request and revised proffer statement maintains this same monetary contribution which would also be applicable to the additional residential lots enabled by the request. Since the approval of the original rezoning the County has adopted the new Development Impact Model. The original and revised rezoning request and proffers address the preservation of, and access to, the Ewing Family Cemetery. The proffer has been modified to provide for public access to the Ewing Family Cemetery via an access easement rather than a public street. This change is primarily due to the change in street type in this location from a public street to a private street. However, public access is assured. 5) Revised Proffer Statement — Dated December 20, 2006 The proposed revisions to the proffer statement contained in Rezoning #22-06 are generally summarized as follows: Proffer 1 provides for a new Generalized Development Plan, the dedication of a 100'right-of- way for the future construction of Warrior Drive extended, a commercial land bay, and the introduction of single family attached townhouse units resulting in a mix of housing types and an increase in the total number of units from 250 to potentially 320. The residential breakdown has changed from 250 single family detached units to 88 single family detached units and no more than 232 single family attached townhouse units. Proffer 7 provides for public access to the Ewing Family Cemetery via a public access easement rather than a public street. Proffer 9 provides for the dedication of the 100' right-of-way to the County within 90 days of a written request by the County. This proffer further describes conditions associated with the dedication of the right-of-way which allows for 1) the developer to acquire easements for utilities within the dedicated area 2) for two entrances into the B2 commercial land bay from the right of way, and 3) provides the applicant with the ability to grade within the right-of-way prior to the construction of the road. Rezoning #22-06 — Southern Hills January 3, 2007 Page 5 STAFF CONCLUSIONS FOR 01/17/07 PLANNING COMMISSION MEETING: The subject property is presently zoned RP (Residential Performance). The applicant is requesting to introduce a commercial land area to the project and to revise the Generalized Development Plan and Proffers associated with rezoning #01-01. The GDP revision would provide an alternative internal road network, provide for two different housing types, and provide a transportation proffer that would allow for the future construction of Warrior Drive in a location consistent with the County's Comprehensive Plan. The project maintains its consistency with the goals and policies of the Frederick County Comprehensive Plan. Further, the introduction of a commercial component to the project and the modifications to the proffer statement are positive additions to the project which would not have a negative impact on the surrounding properties. Followin- the requirement for a public hearing, a recommendation by the Planning Commission to the Board of Supervisors concerning this rezoning application would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Planning Commission. "'MAGE ,�sacQENSCITY \ 8 qa ESTEP 85 A 59 109.91 ac. RAMEY 85 A 60 20 ac. R \� RAMEY " R m 85 A 70 n 68.11 ac. Q N G GUARD %S 9 tia° 85 A 133,4 1 ' 40.51 ac. o\ B2! / zoning ' / .'J r � N aP d�FA 6' 9 A syy don s .��n yC'yCi�f SCOTHORN 85 A 139 103.6 ac. r9 r ■ q .gAWf f`drfig VVuIISLr'yl VIA, Rezoning 8, MDP REZ# 2:2-06; MDP# 16-06 Application Southern Hills Parcel ID: 85D -1 -1 -1 Thru 95B Location in the County 85 -A -138 Map Features - 11 Buildings Zoning Streets v Primary BI (Business, Neighborhood District) Secondary B2 (Business, General District) • B3 (Business, Industrial Transition District) Tertiary Qa EM (Extractive Manufacturing District) Application • HE (Higher Education District) Eastern Road Plan • MI (Industrial, Light District) JNew MajorArterial M2 (Industrial, General District) Improved Major Arterial • MH1 (Mobile Home Community District) New Minor Arterial • MS (Medical Support District) Improved Minor Arterial _r R4 (Residential, Planned Community District) d%p New Major Collector • R5 (Residential Recreational Community District) Improved Major Collector RAZ (Rural Area Zone) New Minor Collector RP (Residential Performance District) dW Improved Minor Collector dW Ramp Location in Surrounding Area 41Cu CpG C �a 0 17.5 250 50)D 4 ,� �: ®eet � Frederick County, VA Rezoning & MDP REZ# 22-06; MDP# 16-06 Application Southern Hills Parcel ID: 85D -1 -1 -1 Thru 95B Location in the County 85 - A - 138 Map Features Buildings Long Range Land Use Streets c Primary Rural Community Center Residential v Secondary Business '�.. Terciary ® Industrial - Application ® Institutional Eastern Road Plan —=' Recreation AW New MajorArterial �'Z' Historic :1 Improved Major Arterial ® Mixed -Use �D New Minor Arterial ® Planned Unit Development Improved Minor Arterial 4i New Major Collector ft? Improved Major Collector ft New Minor Collector ft1 Improved Minor Collector Ramp Location in Surrounding Area + 41�K coG 0 125 250 50p D eet a 17 Frederick County, Rezoning & KIDP REZ# 22-06; POOP## 16-06 Location in the County Map Features Buildings Streets v Primary Secondary '�. Tertiary Eastern Road Plan New Major Arterial Improved Major Arterial New Minor Arterial Improved Minor Arterial dW New Major Collector Improved Major Collector dW New Minor Collector Improved Minor Collector Ramp Southern Parcel ID: 85D -1 -1 -1 Thru 95B 85-A-138 Location in Surrounding Area PROFFER STATEMENT Southern Hills Sub(livision Rezoning: Rezoning Application No. _ -OG . Rezoning of 105.54 acres from Residential Performance (RP) to Residential Performance (RP) (90 acres) and B2 Comnlercial ( 15.54 acres). Property: See Attachment A for Properly Identification Nos. (Opequon Magisterial District) Record Owner: Arcadia Development Co.: Arcadia -Southern Hills, L.L.C.; Southern Hills Homeowners Association. Inc. Applicant: Arcadia Development Co. Proiect Name: Southern Hills Original Date of Proffers: June 6, 2001 Revision Date: December 20, 2006 Preliminary Matters Pursuant to Section 15.2-2296 et. seq. of the 1950 Code of Virginia, as amended, and the applicable provisions of the Frederick County Zoning Ordinance with respect to conditional rezoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia shall approve Rezoning Application No -.11—C6 for the rezoning of 105.54 acres from Residential Performance (RP) to Residential Performance (RP) [90 acres) and B2 Commercial [ 15.54 acres] with revised proffers, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with Virginia law. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and of no effect whatsoever and all proffers currently in effect on the subject property as of the date this document was executed by the applicant shall continue in full force and effect. These proffers shall be binding on the applicant and its legal successors and assigns_ Monetary Contribution to Offset Impact of Development The undersigned, who owns the above-described property, hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the approximately 105 acres, with frontage along Town Run Lane in the Opequon Magisterial District of Frederick County_ Virginia from Residential Performance (RP) to Residential Performance (RP) [90 acres] and B2 Commercial [15.54 acres], the undersigned will pay to Frederick County at the time a building permit is applied for and issued the sum of $4,910.00 per residential lot. This monetary proffer provides for $3,581.00 for Frederick County Schools; $598.00 for Frederick County Parks and Recreation; $446.00 for Frederick County Fire and Rescue; $105.00 for Public Library; S59.00 for Sherifl`s Off ice and $121.00 for Administration Building. General Development Plan Should the Board of Supervisors of Frederick County, Virginia approve Rezoning Application No. , then in such event development of the subject property shall be done in conformity with the attached voluntarily -proffered revised Generalized Development Plan including the following improvements: On the 90 acres to be zoned RP no more than 88 single-family detached urban residence units and no more than 232 tomihouse units shall be constructed_ The balance of the property zoned B2 commercial shall be developed in accordance with the uses specified in the B2 commercial zoning district_ The development of the public street network shall be in general conformance with the revised Generalized Development Plan dated October, 2006- 2, Stickley Drive (SR 1085) shall be extended as shown to connect with Town Run Lane (SR 1012) during the first phase of development (A to B). 3. Town Run Lane (SR 1012) shall be overlayed with a bituminous concrete surface from B to C. Guard rail shall be installed right and left along Town Run Lane "fill" areas greater than 7' vertical. The improvements are to be further described by a VDOT Permit to be issued at the time of work. This work shall be done prior to the issuance of the 50'x' building permit. 4. Town Run Lane (SR 10 12) shall be overlaved with a bituminous concrete surface from C to D during the phase where the entrance at "D" is constructed_ These improvements are to be further described by a VDOT Permit to be issued at the time of the work. 5. An easement shall be established 75' in depth along the South property line E to F. This easement will be prominently sho%%n on the final plat and will restrict construction of homes as well as limiting the clear cutting of trees larger than 4" diameter. [This proffer was fulfilled and recorded on the Southern Hills Subdivision Phase I Final Subdivision Plat_ Instrument No.06001 1588.] A statement shall be added to the plat and covenants for all lots created by this project advising that agricultural uses exist on the South and East, the Ewing Family cemetery exists within the limits of development, and wastewater treatment facilities exist or previously existed to the North of this site. The Ewing Family cemetery will be set aside as a separate lot with public access via an appropriate easement(s) and conveyed, if possible, to the Ewing family with covenants for future maintenance by the Ewing family. 8. A contribution of 100,000 for constriction funding shall be made at the time VDOT implements the construction of a stoplight at the intersection of Stickley Drive and Rte. 277. [This proffer was fulfilled on March 3, 2005] 9. The Property Owner agrees to dedicate the right-of-way as shown on the revised Generalized Development Plan for the future Warrior Drive extension (the "road") across that portion of the Owner's property zoned B2 Commercial in the location depicted on the Generalized Development Plan. The Property Owner agrees to dedicate the right-of- way for the road within ninety (90) days of a written request by the County, provided that Rezoning Application No. has been approved by the Frederick County Board of Supervisors and all applicable appeal periods have expired and no appeal has been filed. The Owner's dedication of the right-of-way for the road is further conditioned on the following: (a) the deed dedicating the right-of-way shall contain language, as a covenant running with the land, granting the Owner the right, at any time in the future and at Owner's expense, to place underground utilities across, or parallel to, the dedicated right-of-way for the road (including, but not limited to, gas, electric, cable, telephone, storm sewer, sanitary sewer, and waterline): (b) the deed dedicating the right-of-way shall contain language, as a covenant running with the land, requiring that the road shall have, at the Owner's discretion, a minimum of two entrances from the north side of Warrior Drive into the Owner's proposed commercial development, which two entrances shall meet applicable VDOT and County regulations and entrance spacing standards and be engineered into the design of the road, with turning lanes as required, for the full development of the subject property, during the design phase of the road; and requiring that the Owner and/or its designated representative(s) be entitled to meaningfully participate in the design of the road as regards the location and design of the two entrances; and (c) the deed dedicating the right-of-way shall contain language, as a covenant running with the land, granting the Owner, its successors and assigns, the right at any time(s) in the future, to establish and locate construction and/or grading easements over and across the dedicated right-of-way in locations determined by the Owner, its successors and assigns, to be necessary for the development of the B2 Commercial property and/or the Residential Performance (RP) property provided that, upon construction of the road as a public street accepted into the state highway system by VDOT, the language regarding easements contained in this subparagraph 9 (c) shall thereupon be considered void. The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner_ In the event the Frederick County Board of Supervisors grants said rezoning and accepts these conditions, the proffered conditions shall supersede all previous proff red conditions applicable to the Property and shall apply to the Property rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully submitted, ARCADIA DEVELOPMENT CO. Property Owner Its: P"*t P t -Z1( P6ee4I Date: kA zoJ 7,00te ARCADIA-SOUTHERN HILLS, L.L.C. Property Owner Its: p�xze�� o. J► Date: a SOUTHERN HILLS HOMEOWNERS ASSOCIATION, INC. Its: Date: U12,017noto State of Uir",nici County of1►��_— The foregoing instrument was acknowledged before me this` day of ffic 2006, by ��1& 1 171 j I C r as i b")(-, of ARCADIA DEVELOPMENT CO. Noiar` Public Commonwealth Of Virginia County of Loudoun The foregoing instrument was acknowledged before me this 3e day of enfl ✓ 2006 by c, 4' 1 j;) I(" as_'-uiIi_ __ �► of AR_CADIA-SOUTHERN HILLS, L.L.C. rlp r cc " Nolary Pubh Commonwealth Of Virginia County of Loudoun The foregoing instrument was acknowledged before me this ~day of 1-n , 2006 by ��- r-, 16 i7 % j, as r%elfl)(' SOUTHERN HILLS HOMEOWNERS ASSOCIATION, INC. J Notary Public Southern Hills Subdivision Proffer Statement Attachment "A" -- Property Identification Nos. 85D 1 1 1 85D 1 1 31 85D 1 1 61 85D 1 1 91 85D 1 1 2 85D 1 1 32 8 5 D 1 1 62 85D 1 1 92 85D 1 1 3 85D 1 1 33 85D 1 1 63 85D 1 1 93 85D 1 14 85D 1 1 34 85D 1 1 64 85D 1 1 94 85D 1 1 5 85D 1 1 35 85D 1 1 65 85D 1 195 85D 1 16 85D 1 1 36 85D 1 1 66 85D 1 1 95A 85D 1 1 7 85D 1 1 37 85D 1 1 67 85D 1 1 95B 85D 1 1 8 85D 1 1 38 85D 1 1 68 85 A 138 85D 1 19 85D 1 1 39 85D 1 169 85D 1 1 10 85D 1 1 40 85D 1 1 70 85D.1 1 11 85D 1 141 85D 1 1 71 85D 1 1 12 85D 1 1 42 85D 1 1 72 85D 1 1 13 85D 1 1 43 85D 1 1 73 85D 1 1 14 85D 1 144 85D 1 1 74 85D 1 1 15 85D 1 1 45 85D 1 1 75 85D 1 1 16 85D 1 146 85D 1 1 76 85D 1 1 17 85D 1 147 85D 1 1 77 85D 1 1 18 85D 1 1 48 85D 1 1 78 85D 1 1 19 85D 1 1 49 85D 1 1 79 85D 1 120 851; 1 1 50 85D 1 1 80 85D 1 1 21 85D 1 1 51 8`D 1 1 8i 85D 1 122 85D 1 152 8 5 D 1 1 82 85D 1 123 85D 1 1 53 85D 1 1 83 85D 1 124 85D 1 1 54 85D 1 1 84 85D 1 125 85D 1 1 55 85D 1 1 85 85D 1 126 85D 1 1 56 85D 1 1 86 85D 1 127 85D 1 1 57 85D 1 1 87 85D 1 1 28 85D 1 158 85D 1 1 88 85D 1 129 85D 1 159 85D 1 1 89 85D 1 130 85D 1 1 60 85D 1 1 90 AMENDMENT Action: PLANNING COMMISSION: Recommended Approval on June 20. 2001 BOARD OF SUPERVISORS: Approved July 11, 2001 AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #01-01 OF SOUTHERN HILLS WHEREAS, Rezoning #01-01 of "Southern Hills" was submitted by G. W. Clifford & Associates, Inc., to rezone a 105 -acre tract of land from RA (Rural Areas) to RP (Residential Performance) to establish 250 single-family residential lots. This property is located south of Stephens City, east of Interstate 81; 0.8 miles south of Route 277 (Fairfax Pike on the east side of Town Run Lane/Route 1012), and is identified with Property Identification Number 85-A-138 in the Opequon Magisterial District; and WHEREAS, the Planning Commission held public hearings on this rezoning on January 3, 2001; February 21, 2001; March 21, 2001; and June 20, 2001; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on July 11, 2001; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to change a 105 -acre tract of land from RA (Rural Areas) to RP (Residential Performance) as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. PDRes #12-01 This ordinance shall be in effect on the date of adoption. Passed this 11th day of July, 2001 by the following recorded vote: Richard C. Shickle, Chairman Abstained Sidney A. Reyes Aye Douglas Aye Aye Margaret B. Dou W. Harrington Smith, Jr. g g Robert M. Sager a er Aye Charles W. Orndoff, Sr. Ay g A COPY ATTEST 7JohneR , Jr. Frederick County Admi 'strator PDRes. 412-01 O-\Agendas\COMMENTS\REZONING\RESOLUTN\Soutb mHills.wpd REZONING REQUEST PROFFER Property Identification Number 85-A-138 Opregnon Magisterial District DOROTHY CARBAUGH ESTATE PROPERTY Preliminary Matters Pursuant to Section 15.2-2296 et. Se . of the code of Virginia, 1950, as amended, and the provisions of. the Frederick County Zoning Ordinance with respect to conditional rezoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #01=01 for the rezoning of 105 acres from Rural Area (RA) to Residential Performance (RP). Development of the subject property shall be done, in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with Virginia law. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the applicant and their legal successor or assigns. Monetary Contribution to Offset Impact of Development The undersigned, who owns the above described property, hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 105 acres, with frontage along Town Run Lane in the Opequon Magisterial District of Frederick County, Virginia from RA to RP, the undersigned will pay to Frederick County at the time a building permit is applied for and issued the sum of $4,910.00 per lot. This moneta y proffer provides for $3,581.00 for Frederick County Schools; $598.00 for Frederick County Parks and Recreation; $446.00 for Frederick County Fire and Rescue; $105.00 for Public Library; $59.00 for Sheriff=s Office and $121.00 for Administration Building. General Development Plan Voluntarily proffered is the attached Generalized Development Plan including the following improvements_ 1. On the 105 acres to be zoned RP no more than 250 single family dwelling units shall be constructed. These units shall consist of single family home lots. C.c?m p,-6 6- 2. Stickley Drive (SR 1085) shall be extended as showtq to connect_ ikith To--Arn Run Lane (SR 1012) during the first phase of development(A to B). PTei 3. Town Run Lane (SR 10 12) shall be overlayed with a bituminous concrete surface from B to C . Guard rail shall be installed rightand left along Town Run Lane' "fill" areas greater than 7' vertical . The improvements are to be further described by a VDOT Permit to be issued at the time of the work This work shall be done prior to the issuance of the 50' building permit. 4. Town Ru , Lane (SR 1012) shall be overlayed with a bituminous concrete surface from C to D during the phase where the entrance at "D" is constructed. These improvements are to be further described by a VDOT Permit to be issued at the time of the work- d -M PcC 5. An easement shall be established 75' in depth along the South property line E to F. This easement will be prominently shown on the final plat and will restrict construction of homes as well as limiting the clear cutting of trees larger than 4" diameter. 6. A statement shall be added to the plat and covenants for all lots created by this project advising that agricultural uses exist on the South and East , the Ewing Family Cemetary exists within the limits of development, and, wastewater treatment facilities exist or previously existed to the North of this site. 7. The Ewing family cemetery will be set aside as a separate lot with public road access and conveyed, if possible, to the Ewing family with covenants for future maintenance by the Ewing family. C" PL-ETE S. A contribution of $100,000 for construction funding shall be made at the time VDOT implements the construction of a stoplight at the intersection of Stickley Drive and Rte 277. The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner. In the event the Frederick County Board of Supervisors grant said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully submitted, PROPERT WNER By: Bate: �' Q STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this "� day of , 2000, by David B. Holliday. Joyce 0. DoCliemyer NOTARY PUBLIC Commonviealth of Virginia My commission expires r r r A a /05 Notary Public g� .SSM Mn`y•Fatga St144iay '< \ Y - 'rte\� ` /f�• Site ®fRezonig ; f Ns From A.;To RP 105 Acres , , .,JU' z ' f 5 e t .r _( 4 70 .11 cr „t"1�. .. .... FCSh.. ..r r r:en-p Si Q� 111111 :_ \ 4i�OA Al .�\ •F . .•, SouthernH61ls Rezoning Application Executive Summary PREPARED FOR Arcadia Development Co. WILLIAM H. GORDON ASSOCIATES WINCHESTER OFFICE 24 WEST PICCADILLY STREET, SUITE A WINCHESTER, VIRGINIA (540)-542-1737 SO%uthp-rn Hilk Frederick County, Virginia REZONING APPLICATION INDEX Rezoning Application Survey/Plats/Metes & Bounds Property Deeds Verification of Paid Taxes Adjoining Property Owners Proffer Statement General Development Plan Executive Summary Exhibits: Aerial Overlay Future Warrior Drive Alignment Building Elevations Site Rendering REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff Fee Amount Paid $ oning Amendment Number Date Received C Hearing Date BOS Hearing Date The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: WILLIAM H. GORDON-ASSOC. Telephone: 540- 5'42-1737 — Address: 24 W. Piccadilly Street - Suite A Winchester, VA 22601 2 -Property Owner (if different than above) Nacre: ARCADIA-SOUTHERN HILLS, L.L.0 Telephone: 540-751-0321 Address: 117 N BAILEY LANE PURCELLVILLE, 20132 ARCADIA DEVELOPMENT CO Name: c/o CARLA COFFEY Telephone: 540-751-0321 Address: 117 N BAILEY LANE PURCELLVILLE, VA 20132 Name: SOUTHERN HILLS HOMEOWNERS ASSOCIATION, INC. Address: P.O. Box 1150 Purcellville, VA 20134 3. Contact person if other than above Name: CARLA COFFEY Telephone: 540-751-0321-x 179 4. Checklist: Check the following items that have been included with this application_ Location map X Agency Comments Plat X Fees Deed to property X Impact Analysis Statement Verification of taxes paid X Proffer Statement X 11 5. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: ARCADIA DEVELOPMENT CO ARCADIA-SOUTHERN HILLS, L.L.C. SOUTHERN HILLS HOMEOWNERS ASSOCIATION, INC. 6. A) Current Use of the Property: RESIDENTIAL PERFORMANCE (RP) B) Proposed Use of the Property: RESIDENTIAL PERFORMANCE (RP) & BUSINESS GENERAL DISTRICT (B2) 7. Adjoining Property: PARCEL ID NUMBER U5E ZONMG 85 - A -137 AGRI RA 85 - A -137E RES RA 85 - A -137D 'RES RA 85 -A -131 AGRI RA 85 -A -139 AGRI RA 85-A-141 FWSA RA 85 -A -142 VACANT RA 85 - A -142A RES RA 85-A-59 AGRI RA 85-A-60 AGRI RA 8. Location: The property is located at (give exact Iocation based on nearest road and distance from nearest intersection, using road names and route numbers): 105.54236 ACRES LYING APPROXIMATELY 2,800 FEET SOUTW OF THE INTERSECTION OF ROUTE 277 AND TOWN RUN LANE 12 Information to be Submitted for Capital Facilities Impact Model In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density or intensity scenario for the proposed Zoning District as described on Page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number SEE ATTACHED Districts Magisterial: OPEQUON High School: SHERANDO HIGH SCHOOL Fire Service: CO II. STEPHENS CITY,VA Middle School: AYLOR MIDDLE SHCOOL Rescue Service:CO II, STEPHENS CITY, VA Elementary School: BASS -HOOVER FI E. SHCOOL 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres I Current Zoning Zoning Requested 15.53916 PIP B2 90.0:032 RP RP Total acreage to be rezoned105.542 11. The following information should be provided according to the type of rezoning proposed : Number of Units Proposed Single Family homes: 88 Townhome: 232 Multi -Family: Non -Residential Lots: Mobile Home: Hotel Rooms: Square Footage of Pronosed Uses Office: UP To 676,885 SQ FT Service Station:- UP TO 676,885 SQ FT Retail: UP TO 676,885 SQ FT Manufacturing: UP TO 676,885 SQ FT Restaurant: UP TO 676,885 SQ FT Warehouse: UP TO 676,885 SQ FT Other: UP TO 676,885 SQ FT 13 REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA Attachment: # 9. Parcel Identification/Location: Parcel Identification Numbers 85D 1 1 1 85D 1 131 85D 1 1 61 85D 1 191 85D 1 12 85D 1 1 32 85D 1 1 62 85D 1 1 92 85D 1 1 3 85D 1 1 33 85D 1 1 63 85D 1 1 93 85D 1 14 85D 1 1 34 85D 1 164 85D 1 194 85D 1 1 5 85D 1 1 35 85D 1 1 65 85D 1 1 95 85D 1 1 6 85D 1 1 36 85D 1 1 66 85D 1 1 95A 85D 1 1 7 85D 1 1 37 85D 1 167 85D 1 1 95B 85D 1 1 8 85D 1 138 85D 1 168 85 A 138 85D 1 1 9 85D 1 1 39 85D 1 169 85D 1 1 10 85D 1 140 85D 1 1 70 85D 1 1 1 1 85D 1 141 85D 1 171 85D 1 1 12 85D 1 1 42 85D 1 1 72 85D 1 1 13 85D 1 1 43 85D 1 1 73 85D 1 1 14 85D 1 144 85D 1 174 85D 1 1 15 85D 1 1 45 85D 1 1 75 85D 1 1 16 85D 1 1 46 85D 1 1 76 85D 1 1 17 85D 1 1 47 85D 1 1 77 85D 1 1 18 85D 1 148 85D 1 178 85D 1 1 19 85D 1 149 85D 1 1 79 85D 1 120 85D 1 1 50 85D 1 180 85D 1 121 85D 1 151 85D 1 181 85D 1 122 85D 1 1 52 85D 1 182 85D 1 1 23 85D 1 1 53 85D 1 183 85D 1 124 85D 1 1 54 85D 1 184 85D 1 125 85D 1 1 55 85D 1 185 85D 1 126 85D 1 1 56 85D 1 186 85D l 1 27 85D 1 1 57 85D 1 187 85D 1 128 85D 1 158 85D 1 188 85D 1 1 29 85D 1 1 59 85D 1 189 85D 1 1 30 85D 1 160 85D 1 1 90 12. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning neap 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)- / c � _ Date: W1,Garolon Date: Owner(s):1-� �j Date: iZ �?q C)/,.,f) IiC%1Y]il�l l/ Ct'c 71 r i l� / Date: 20 C(;, ktaoiNq -Soikxk Si LL(Z' VW -\s No�•2��Jncrs Pr�ct�, {tun , Ln� -4 Adjoining Property Owners Rezoning 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.2 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, 107North Kent Street. Name and PropLrty identification Number I Address Name MYERS,.JOYCk E. 625 Town Run Lane Pro e # 85-A--137 Stephens City, VA 22655 Name RAMEY; WILLIAM L. 824 Peace and Plenty Lane # 85 -A -137E Stephens City, VA 22655 RAMEY, WILLIAM L. 824 Peace and Plenty Lane # 85 -A -137D Stephens City, VA 22655 RITENOUR FARM L.P. c/o Mary Ritenour # 85-A--13'1 514 Peace and ' Plenty Lane pName Ste hens Cit_ y, a 226s5 SCOTHORN, Gary, Stephen, & Denni 506 Ewings Lane # 85-A-139 Stephens City, VA 22655 FREDERICK -COUNTY-- WINCHESTERpo SERVICE AUTHORITY# Box 433 85 -A -i41 Winchester, VA 22604 Name TOWN OF'STEPHENS CITY PO Box 250 Stephens City, VA 22655 Pro e # 85-A-142 Name ESTEP, Mary Virginia Stickley c/o Robert M Bushong, POA 14502 Saint.Stephens Place Pro # 85 -A -142A Midlothian, VA 23113 Name ESTEP, Mary Virginia Stickley c/o Robert M Bushong, POA 14502 Saint Stephens Place Pro e # 85-A-59 Midlothian, VA 23113 Name RAMEY, William & Elizabeth 824 Peace and Plenty Lane Pro e # 85-A-60- Stephens City, VA 22655 15 164.05' i gy -j- S 03-29'29" 6. 8 / _ 0 7-,. q ` Z EX. 20' POWER EASEMENT IRS �B 90�Ac FA <.�CMF E,y 15' 'p /m/ DB XX PG XX ' r EX. 20' SEWER ESM'T DB 743 PG 128 e _-' _-�/� �i �✓ /'; " � tai +l M , COR. POST ®23.65' Q= �� l Se 889pC�9'�F 36" WHITE OAK POST PIN 85—A-141 FREDERICK WINCHEST[ SERVICE AUTHORITY DB 608 PG 671 I. NO TITLE REPORT FURNISHED. 2. EASEMENTS MA Y EXIST THA T ARE NOT SHOWN. 3" BOUNDARY INFORMATION SHOWN IS BASED ON AN ACTUAL FIELD RUN SURVEY COMPLETED DECEMBER 20, 2000. ,� T.•�;E l f �' 7 LO /L=;' : t_•_ PIN 85-A-131 POST RITENOUR FARM, L.P. 5.50' DB 753 PG 835 CMF - CONCRETE MONUMENT FOUND IRS - IRON ROD SET DATE." 2/08/2001 I SCALL-.- 1`400' SHEET 1 OF 1 ',Marsh & Legge Land Surveyors, P.L.C. %,,07 560 NORTH LOUDOUN STREET — WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 — FAX (540) 667-0469 - EMAIL: office®marshandlegge.com " Op - OL IlI U � Douglas C. Legge No. 001197 DRAWN BY: CAJ DWG NAME: 1D2332 - - 139.28' _4 35'39 4: Vd 29.60' 5 S 2'28 4 'At' 11 38.09' S 23'3T4-1§7 v 2 ; 0.50' L 8°57 2 47.49' ` 8 S _ 22'37 %v 73. i' 132.87' gy -j- S 03-29'29" 6. 8 / _ 0 7-,. q ` Z EX. 20' POWER EASEMENT IRS �B 90�Ac FA <.�CMF E,y 15' 'p /m/ DB XX PG XX ' r EX. 20' SEWER ESM'T DB 743 PG 128 e _-' _-�/� �i �✓ /'; " � tai +l M , COR. POST ®23.65' Q= �� l Se 889pC�9'�F 36" WHITE OAK POST PIN 85—A-141 FREDERICK WINCHEST[ SERVICE AUTHORITY DB 608 PG 671 I. NO TITLE REPORT FURNISHED. 2. EASEMENTS MA Y EXIST THA T ARE NOT SHOWN. 3" BOUNDARY INFORMATION SHOWN IS BASED ON AN ACTUAL FIELD RUN SURVEY COMPLETED DECEMBER 20, 2000. ,� T.•�;E l f �' 7 LO /L=;' : t_•_ PIN 85-A-131 POST RITENOUR FARM, L.P. 5.50' DB 753 PG 835 CMF - CONCRETE MONUMENT FOUND IRS - IRON ROD SET DATE." 2/08/2001 I SCALL-.- 1`400' SHEET 1 OF 1 ',Marsh & Legge Land Surveyors, P.L.C. %,,07 560 NORTH LOUDOUN STREET — WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 — FAX (540) 667-0469 - EMAIL: office®marshandlegge.com " Op - OL IlI U � Douglas C. Legge No. 001197 DRAWN BY: CAJ DWG NAME: 1D2332 ®f o ! �; ,e FINAL SUBDIVISION PLAT f-� SOUTHERN HILLS SUBDIVISION PHASE / OPEQUON MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA NOVEMBER 4, 2005 D ISI TE� VICINITY MAP 1" = 2000' OWNERS CERTIFICATE THE ABOVE AND FOREGOING SUBDIVISION IS ALL THE OF THE LANDS OF ARCADIA DEVELOPMENT CO., A CALIFORNIA CORPORATION, AS APPEARS ON THE ACCOMPANYING PLATS, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS, AND TRUSTEES, IF ANY. ARCADIA DEVELOPMENT CO. BY.- STATE OF � L' " -� , y`' 17, Ct- CITY/COUNTY OF tyj(L C ( ('i- THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFOR ME THISq I DAY OF i� 1lo { 2006 BY ( l IK' e i`1 1 l�C j'( ON BEHALF OF ARCADIA DEVELOPMENT CO., A CALIFOR 7 1A CORPORA LI N. 11 NOTARY PUBLIC MY COMMISSION EXPIRESI�IL- I PARENT TAX PARCEL IDFN11FlCAT10N I T.M. 85-A-138 105.5403 ACRES ZONE.- RP USE. AGRICULTURAL SURVEYORS CERTIFICATE I HEREBY CERTIFY THAT THE LAND CONTAINED IN THIS SUBDIVISION IS ALL OF THE LAND CONVEYED TO ARCADIA DEVELOPMENT CO., A CALIFORNIA CORPORATION, BY DEED DATED OCTOBER 16, 2002 OF RECORD IN THE FREDERICK COUNTY CIRCUIT COURT CLERKS OFFICE AS INSTRUMENT NO. 020017748. APPROVALS. F D 1CK COUNTY SANITA N AUTHORITY DATE lR ITMENT SPORTAT/ON DATE REDERICK COUNTY SUBDIVISION ADMINISTRATOR DATE GREENWAY ENGINEERING 151 Windv Hill Lane Engineers 11 mchester Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX: (540) 722-9528 Founded in 1971 www.greenwayeng.coin TH OF SON G. BLY No_ 2619 1412g SHEET L OF 35 PIN 85-A-139 GARY L. do STEPHEN P. SCOTHORN ZONE.- RA USE AGRL / 300 0 300 GRAPHIC SCALE (IN FEET) OUTPARCEZ 26 17 � 2B 29 1 30 Q 'OPEN SPACE A S 31 32 IN PIN 85-A-131 R17ENOUR FARM, LP. DB 753 PG 835 ZONE.- RA USE AGRI. OF R�Zp65 37 43 49 I3 42 so lAERSSR�o5o0 38 12 51 39 40 41 11 PIN 85 -A -137D REMAINDER 5 WILLMM L. RAMEY RESIDUE OF f 10 D8 389 PG 247 T.M. 85-A-138 I 59 57 56 55 54 53 ZONE.- RA 9 51.9269 AC. ' USE RES. 6 AODRW)CH COL.14T 8 61 62 63 64 65 7 �' �I 6 PIN 85-A-137£ 72?; 71 � V� v7 00 �' Jr 'rnLLIAM L. RAMLY q DB 493 PG 563 4 j WESTC/E87ER DVE A SE-ERES OPEN SPACE B 73 74 75 76 77 78 79 80 3 - 2 PIN 85-A-137 95 94 93 92 91 90 89 88 87 86 85 84 83 82 81 HENRY F. KENT 1 D8 953 PG 1604 ZONE RA USE- RES. TOWN RUN LANE (VA. ROUTE 1012) 40' R/W - DS 433 PG 131 i SHEET INDEX 1 = COVER 11 = LOTS 28-32 21 = LOIS 70-72 31 = OPEN SPACE A 2 = OVERALL 12 = LOIS 33-36 22 = LOIS 73-76 32 = OPEN SPACE A 3 = LINE DATA 13 = LOTS 37-39,58 23 = LOIS 77-80 33 = OPEN SPACE A 4 = CURVE DATA 14 = LOTS 40-43 24 = LOIS 81-84 34 = OPEN SPACE A 5 = LOTS 1-4 15 = LOIS 44-47 25 = LOIS 85-88 34 = NOTES, LEGEND, 6 = LOTS 5-9 16 = LOTS 48-52 26 = LOIS 89-92 AREA TABULATION 7 = LOTS 10-13 17 = LOIS 53-56 27 = LOIS 93-95 8 = LOTS 14-18 18 = LOIS 57,59-61 28 = OPEN SPACE 8 9 = LOTS 19-23 19 = LOTS 62-65 29 = OPEN SPACE A INDEX 10 = LOTS 24-27 20 = LOTS 66-69 30 = OPEN SPACE A FINAL SUBDIVISION PLAT SOUTHERN HILLS SUBDIVISION TH OF k PHASE / OPEQUON MAGISTERIAL DISTRICT, FREDERICK COUNTY VIRGINIA SCALE: 1" = 300' DATE: NOVEMBER 4, 2005 1 ON G_ BLY GREENWAY ENGINEERING No 2619 ISI Windy Hill Larze Engineers Winchester, Virginia 22602 l4AA �4 4b Surveyors Telephone: (540) 662-4185 FAX ( 540) 722-9.528 F°'^ded e^ 1971 - www_greenwayeng_corn 3126 SHEET 2 OF 35 C19 55.00 41.99' 43'4430" 22.08' S 58'37'10' W 40.38' C20 55.00" 58.23' 60 39'40' 32.18' S -06-25'04' W 55.55' C21 55.00' 20.11' 20'57'05' 10.17' S 3423'18' E 20.00' C22 55.00' 45.61' 4731'05' 24.21' S 68'3723' E 44.32' C23 55.00' 47.21 ' 49'1034" 2517" N 6J'01'47' E 45.77' C24 25.00' 31.85' 73 00'17" 16 50' N 74'56 39' E 29.74' C25 32500' 21.49' 03'4720" 10.75" S 70'2652" E 21,49' C26 325.00' 96.54' 17'01'10' 48.63' S 80 51 '08' E 96.19' C27 95.00' 143.23 90'00 00" 95.00' S 44'21 '43" E 134.35' C28 40.00" 6283' 90'00'00' 40.00' S 4538"17" W 56.57' 1529 17J-50' 44.31 ' 14'37 58" 2228' N 82'02'43' W 44.19' C30 173.50' 47.95' 1550'05" 24.13' N 66'48'41" W 4780' 01 40.00" 6283" 90-00'00- 40.00' N 13'53'39' W 56.57' C32 425.00' 26.41' 03'3338" 1321' N 29'1932" E 26.41" C33 55.00' 8.64 09,00,11- 4.33' N 23'02'38' E 8.63' C34 5500" 21.33' 22'1321' 10.80' S 072552' W 21.20' C35 5500' 40.94' 42'3850' 21.47' N 25'00'13' W 4000' C36 55. DO' 41.02' 42'4407' 21.52" N 6741'41" W 40.08' C37 55.00' 60.85' 63-2,3'32" 33 96' S 59'1429' W 57.80' C38 55.00' 72.50' 75'31 21 " 4260' S 10'1257' E 67.36' C39 25.00" 3295' 753121' 19.36' S 10'1257' E 30.62' C40 -J75. 00' 2330' 033338' 11.66" S 29'1932' W 2330' C41 40.00" 6283' 90'00'00" 40.00' S 76'06'21" W 56.57' C42 40.00' 6283' 90'00'00" 40.00' N 13'53'J9 - W 56.57' C43 200.00' 1243" 03'3338" 6.22" N 29'1932' E 12.43' C44 150.00' 9.32' 033338" 4.66' S 29'1932" W g 3P' C45 40.00' 6283' 90"00 00" 40.00' S 76'0621' W 56.57' 646 531.00' 33.00' 03'3338' 16.50' N 60'4028' W 3P.99' C47 40.00' 62.83' 90-00-00- 40.00' N 17'27'17' W 56.57' C48 50300' 31.26' 0333.36' 15.63' S 60'4028" E 31.25' C49 200.00' 106.35' 3078"04" 54.47" S 74'07"41" E 105.10' C50 120.00' 188.50' 90'00'00" 120.00' N 4421 '43' W 169.71 ' 300.00' 123.79' 233833" 62.79' 175.00' 10.88' 03'3338" 5.44' N 29'1932' E 10.8400.00' ZC5 24.86' 0333 78" 1243' S 29'1932' W 24. 25.00'39' 51'!9'047201 N 01'53'11" E 21.65' 5500' 27131'282'38'08" -- S 6227'17" E 68.75' 25.00' 1 22.39' 5119'04 1201-. S 53'12'15' W 21.65' FINAL SUBDIVISION PLAT SOUTHERN HILLS SUBDIVISION PHASE / OPEOUON MAGISTERIAL DISTRICT, FREDERICK COUNTY. VIRGINIA SCALE: DATE: NOVEMBER 4 2005 GREENWAY ENGINEERING 751 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX (540) 722-9528 founded or 1971 www_greenwayengcom ,THOP- JASON G. BLY No_ 2619 ajiv 3126 SHEET 4 OF I 0 RCG 5 I I p f pp IPS 10 coo 10 '� h GRAPHIC SCALE DB 433 PG 131 (40 ) (IN FEET) INSTR. NO. (5 ) FINAL SUBDIVISION PLAT SOUTHERN V WESTCHESTER N DR/VE CO) ---SCALE: _1" = 50' W X . GREENWAY ENGINEERING Engineers 151 Windy Hill Lane Winchester, Virginia 22602 NOTE- Telephone. (540) 662-4185 SEE SHEET 3 & 4 FORN. FAX (540) 722-9528 LINE DATA AND CURVE DATA. SEE SHEET 35 FOR NOTES, u ^ Q AREA TABULATION, AND - LEGEND. ((4- 771 I 56' SEWER EMENT I (I LOT 5 SEE SHEET 6 :. S 3106 21 ' W 1 .;i . 44.34' I%0' BRL 7 v CO Q O1LOT 4 12031 SQ. FT. � � 3 0 = ry � � 10" RRL ` S 3106 2121 w _-- 144.41 F10' BRL m LOT 3 12037 SQ. FT. N 34�10" BRL J S 3l 06 21 ` {y 144.48' 10F" BRL 12043 S.F. im LOT 2 ml , 12043 SQ. FT. 10' BRL S�62r ��W 144.56 0 . -10,BRL �1 10 GAS EASEMENT - m LOT 1 tz h 17682 SQ. FT. m ry � hl �� N 71'05'2J' F N Q t t 8.39' � I r 35' RRL (16.80) : __ --95.3. 68.000 98 77_ N 2732 43' E (1571.20) TOTAL �— TOWN RUN LANE 50 0 50 (VA- ROUTE 1012) EX 45' R/W GRAPHIC SCALE DB 433 PG 131 (40 ) (IN FEET) INSTR. NO. (5 ) FINAL SUBDIVISION PLAT SOUTHERN HILLS SUBDIVISION PHA SE / OPEQUON MAGISTERIAL DISTRICT. FREDERICK COUNTY, VIRGINIA ---SCALE: _1" = 50' DATE: NOVEMBER 4 2005 GREENWAY ENGINEERING Engineers 151 Windy Hill Lane Winchester, Virginia 22602 Surveyors Telephone. (540) 662-4185 Founded in 1971 FAX (540) 722-9528 www- green wayeng.enm 23 rfEX 20' WATERLINE EASEMENT EX 4' SIDEWALK EASEMENT TH OP' SON G. BLY No. 2619 ' 3126 SHEET 5 OF 35 I NOTE: SEE SHEET J & 4 FOR LINE DATA AND CURVE DATA LOT 10 SEE SHEET 7 SEE SHEET 35 FOR NOTES, AREA TABULATION, AND S 30*58'00 W 143.97' LEGEND. L 10' BRL o65 14' WATERLINE— - d EASEMENT LOT 9 112026 SO. FT 101 BRL S 3I*0621" W 144.05' —0 (10.58 ) 10 RL E35 L 8 ml 01 12006 So. FT NORWICH 10 HRL COURT S J1706!2�IW 144. 1Y (14-55) Q!, NNW 10" BRL ct) 03: LOT 7 c_::: :R 12013 1J SO. FT. N C' 10' BRL S il'06'�I'W 144.19 (j) c Ica LOT 6 -Z '1A - - 01-.- -12 so f 019 L6 10- BRL C14 14- -6-6 �21 - — 144.26 —10 "Bff LOT 5 to rn cn� co coK v- c 12025 So. FT �c) 10' GAS EASEMENT13 O — 10' BRL N EASEMENT 14' SAN. SEWER EASEMENT 0 ' E 144.J4' 21 50 50 0 50 N Jlr06''2 LOT 4 GRAPHIC SCALE t SEE SHEET 5 (IN FEET) FINAL SUBDIVISION PLA T SOUTHERN HILLS SUBDIVISION oyTH OF PHASE OPEQUON MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA ,- --SCALE: I" = 50' E: NOVEMBER 4, 2005 1 SON G. BLY GREENWAY ENGINEERING No. 2619 151 Windy Hill Lane L S,ngnecrs "rinchester, �lirgtnia 22602svR 13 eyors Telephone: (540) 662-4185 Founded in 1971 FAX (540) 722-9528 greenwayeng com 13126 SHEET 6 OF 351 NOTE.' SEE SHEET 3 & 4 FOR LINE DATA AND CURVE DATA SEE SHEET 35 FOR NOTES, AREA TABULATION, AND LEGEND. Co rn � N O y ✓ N x A. dR,2o65 �`NSpR OA OO LOT 14 SEE SHEET 8 1 8 �1� d3 R� 10' GAS 14' WATERLINE 50 0 50 GRAPHIC SCALE (/At FEET) Z /o CP PIN 85-A-131 R/TENOUR FARM LP o_ DB 753 PG 835 v, wo ZONE* RA USE- AGRI. �iG R 01 �+ POST S 0 10 B LOT 13 \ 36" WHITE OAK N 75'16'48" W 17159 SO. FT. 528' FROM POST A 10 B 1,5 86 Og p3 W/ / 0 S,- 0 gRL N LOT 12 14773 SO. FT. A m o�0 _ 10' SRLvu S 275126" W 145.35 10 R �pmo - Y �= m LOT 12178 SQ. F7 ry 10. BRL 20' DRAINAGE o S 30'48 00� CEMENT K 0 7 I BRL — •`�--� 1j I u, LOT 10 12024 SO. FT 10BRL J N 30'58 00' E 4j.97_ o' LOT 9 SEE SHEET 6 FINAL SUBDIVISION PLAT SOUTHERN HILLS SUBDIVISION PHA SE / OPEQUON MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGING4 SCALE: 1" = 50' DATE: NOVEMBER 4, 2005 GREENWAY ENGINEERING 151 Windy Hill Lane Engineers Winchester, flrginia 22602 Surveyors Telephone: (540) 662-4185 FAX (540) 722-9528 Fo—ded m 1971 www.Rreenwayeng-corn Ll TH OF G � A ON G- SLY No. 2619 3126 SHEET 7 OF 3., WAKEFIELD COURT 50' RA --------------- NOTE. SEE SHEET 3 3 4 FOR LINE DATA AND CURVE DATA. I SEE SHEET 35 FOR NOTES, AREA TABULATION" AND LEGEND. 28.65' j �I 14 EASEMENT +U N \:J 1 1 7' 10' GAS EASEMENT I I 50 0 50 GRAPHIC SCALE (IN FEET) MERIDIAN OF RECORD LOT 19 SEE SHEET 9 INSTR. 1010012065 S OO"38"l7' W 192.49' r10 B L -- a V21 m LOT 18 j Irl 16069 50. FT 10' BRL S 00'38'17' W 193.19' 10" BRL i�Q LOT 17 1") Q ce 16127 SQ. FT. coJ 2 O 10' BRL a�o2 S 00'38 17 W 193.88' 1ti -- -- o 10' BRL ti LOT 16 16185 SQ. FT I - j 20' DRAINAGE 10' BRL I �E45EMENT (4Z66) S 00'38'17 W t,94.581,- 75' 194.58 IO' BRL LOT 15 16244 SQ. FT. w 10" BRL ' I S 00:38'17" W 19528' -- o !0" BRL 75' VEGETATIVE LOT 14 Burrtlr �., 16302 SO. FT. -- 10' BRL I I N 00'38'17" E 195.98' LOT 13 SEE SHEET 7 FINAL SUBDIVISION PLAT SOUTHERN HILLS SUBDIVISION PHA SE I OPEOUON MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: 1" = 50' DATE: NOVEMBER 4 2005 GREENWAY ENGINEERING 151 Windy Hill Lune Engineers Winchester, Vrginia 22602 Surveyor Telephone- (540) 662-4185 FAX- (540) 722-9528 Founded in 1971 ww-'reen_w.cye eg.cnnt O :n TH OF {,p J� r� 1 SON G. BL� No. 2619 3126 SHEET 8 Or 3 IMERIDIAN OF RECORD INSTR. 1010012065, NOTE - SEE SHEET 3 & 4 FOR iLINE DATA AND CURVE DATA. SEE SHEET 35 FOR NOTES, AREA TABULATION, AND ' LEGEND. I I 50 7' 10' GASLINE EASEMENT m GRAPHIC SCALE (IN FEET) LOT 24 SEE SHEET 10 j O �N - 10" BRL LOT 23 I 16059 SQ. FT. fi) cc W Z S 00.38'17- W 192.54' W N m 10 BRL 75' vEGETAnuE -� BUFFER m LOT 22 (6.64)-_ 14' WATERLINE _ EASEMENT S 00'38"17' W 192.20' WAKEFIELD COURT 10' BRL m GRAPHIC SCALE (IN FEET) LOT 24 SEE SHEET 10 S 00'38'17' W 192.89F ' - 10" BRL LOT 23 I 16059 SQ. FT. 10BRL S 00.38'17- W 192.54' 10 BRL 75' vEGETAnuE -� BUFFER m LOT 22 16030 SQ. FT. 10' BRL p S 00'38"17' W 192.20' 10' BRL 3 m m N l 21 ILOT 16 002 SQ. FT. Go I 2 10' BRL S 00"38'17' W 191.95' J Lc) Q 10' BRL A ' m J I I Qz LOT 20 zo 15976 SQ. a 10' BRL o N � I � 0;38 17 W 191.79' N y 10 BRL 20' DRAINAGE EASEMENT I` m LOT 19 �16011 SQ. FT. 3 10' BRL 0% N 00'38'17' E 19249' ro LOT 18 2 SEE SHEET 8 FINAL SUBDIVISION PLAT SOUTHERN HILLS SUBDIVISION PHA SE / OPEQUON MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: 1" = 50 DATE: NOVEMBER 4, 2005_ GREENWAY ENGINEERING 151 Windy Hill Lane Engfneers Winchester, Virginia 22602 Surveyors Telephone (540) 662-4185 FAX --(540) 722-9528 Founded in 1971 www-greenwaveng_cnm T OF y G, {,p U ��ON G- BLY 9 No- 2619 3126 SHEET 9 Or r, OPEN ��tt SPACE A ti p•, � 1 v /LOT 26 16932 SQ. FT. N � a 354' WATER UNE ESMT (14.95) N 7950-2 g 8.36 21. E Z�8.9 HA YVE_NHURST COURT (580.14) 50' R/W S 89'21'43" E 1042.39' (TOTAL) j(295) (L=52.96) J PIN 85-A-131 RITENOUR FARM, L.P. DB 753 PG 835 ZONE- RA N 89'07'28' W 850.37' (TOTAL) 133 19' 83.33' 75' VEGETATIVE BUFFER N �m 4t rn N W 0 1-9779SO 5FT o ^LOT 24 o �� 16088 SQ. FT. I z � I I � J5' BRL L -_35' RRL J1 (10.00) 10' CASUNE J EASEMENT 7 00' 71.33' 73) ) (L=11.53) h Q h (L=43.68) Q Cj OPEN SPACE A Q `o Z 6 U N 20 SAN!- SEW _ 20 o_ o EASEMENT DRAINAGE EASEMENT SANITARY SEW. EASEMENT 35" SRL m LOT 2,7'21 12535 SQ. FT. 4 �2.5' BRL I 2 .�� \ OPEN SPACE c A J0,INGRESS- EGRESS EASEMENT 50 0 50 GRAPHIC SCALE (IN FEET) FINAL SUBDIVISION PLAT SOUTHERN HILLS SUBDIVISION PHASE / OPEOUON MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: 1" = 50' DATE: NOVEMBER 4 2005 GREENWAY ENGINEERING 151 Windy Hill Lane Engineers Winchester, Ilrginia 22602 Surveyors Telephone: (540) 662-4185 FAX- (540) 722-9528 Founded m 1971 www. preenwayeng. com 38.24' 8921 43 E NOTE. SEE SHEET 3 & 4 FOR UNE DATA AND CURVE DATA. SEE SHEET 35 FOR NOTES, AREA TABULATION, AND LEGEND. ,TH OF y � I��,y SON G. BLY No. 2619 �-% 111a1o; 04 s 3126 SHEET i0 Or 35 r MERIDIAN OF RECORD INSTR. 10 1 00 12065 50 0 50 GRAPHIC SCALE (IN FEET) NOTE. - SEE SHEET 3 & 4 FOR LINE DATA AND CURVE DATA - SEE SHEET 35 FOR NOTES, ' AREA TABULATION, AND LEGEND_ OPEN SPACE A S 00'J8'17 W 'fl::1 91.20' LOT 27 SEE SHEET 10 1 S00"'17' W 145.00' 38__ 0 jr 10BRL 15' SANITARY m LOT 29 m LOT 28 �I m I N 1208.3 SO. FT. Ni h 12083 SQ. FT. LoLo 10' BRL N 00'38' 17" —E145. ti 70" BRL jr 15' SANITARY m LOT 29 Y.: SEW. ESMT C', Ni h 12083 SQ. FT. kk-0 I_h 10' BRL J E5 (9.81) _ N 00738'17" E 145.00_ l` 10 ti 70" BRL �� m LOT 29 A C', Ni h 12083 SQ. FT. 10' BRL J E5 (9.81) _ N 00738'17" E 145.00_ 25' BRL n I 20' DRAINAGE � _,;: LOT 32 EASEMENT 112813 SQ. FT. �; LOT 33 p o ml SEE SHEET 12 I� � °p _.- 35' BRL J (30.03) , 2 1 0.54 F10' BRL ml LOT 30 I N 12377 SO. FT. 10' BRL J 14500' 25 BRL 0 20' DRAINAGE Q' EASEMENT AIS m LOT 31 I �I 18206 SO. FT. �V m J5' BRL E53 _— 84.46 _ N 00"38'17" E 220.00' WAKEFIELD COURT 50' R/W FINAL SUBDIVISION PLAT SOUTHERN HILLS SUBDIVISION PHASE / OPEOUON MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: 1" = 50' DATE: NOVEMBER 4, 2005 GREENWAY ENGINEERING 151 Windy Hill Lane Engineers Winchester, Krginia 22602 Surveyors Telephone_ (540) 662-4185 FAX- (540) 722-9528 Founded in 1971 www.greenwayeng.com I Q to I (33.41) 2 o, Lu 2 I` 0 15' SANITARY G10 SEW. ESMT NOTE: SEE SHEET 3 & 4 FOR LINE DATA AND CURVE DATA. SEE SHEET 35 FOR NOTES, AREA TABULATION, AND LEGEND. RD MERIDIAN O1 DO ,20D 6 IN51R # vi 20' DRAINAGE p��l ti6pk EASEMENT / w e(iV o LOT 32 Z5 m t� SEE SHEET 11 OPEN SPACE A0�a ti LOT 33 r �y- ate. 012 T. 613 SQ. FKp C,) [ lry LOT 34 o_ v� 13375 SO. FT. 0k ,y \o.e 5/ /,. 50 R/q 24?sem \ / / 1 Qj Qj �� r �J J / LOT 35 / O ( 12843 SQ. FT r � 1_ _ 10' BRL SANITARY SEW. V 14 19 02 E 145.46' : EASEMENT 10' BRL 20" DRAINAGE EASEMENT I , c. m LOT 36 `� o n 13586 SQ. FT. n 10' BRL Al 14'19 02' E 179.30' LOT 37 SEE SHEET 13 N 89'21'43' W 20.11' '96) 1 9-21'4J" W 20.11' I �n 50 0 50 GRAPHIC SCALE FINAL SUBDIVISION PLAT SOUTHERN HILLS SUBDIVISION PHA SE / OPEQUON MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: 1" = 50' DATE: NOVEMBER 4, 2005 GREENWAY ENGINEERING 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone- (540) 662-4185 FAX (540) 722-9528 fo nded in 1971 www.greenwayeng-com TH OFD � L1 SON G_ BLY No_ 2619 3126 SHEET 12 OF 35 i NOTE: SEE SHEET 3 & 4 FOR \ (14-15) � LINE DATA AND CURVE DATA. G -,C.\ SEE SHEET 35 FOR NOTES, LOT 36 \ AREA TABULATION, AND SEE SHEET 12 LEGEND. m 179-Y'- �'tl S 14.19'02 W 10 (3RL U '� LOT 32 �� O c W CzU15629 SO. FT 4 0 � Q J 1— 2 v h 20' SANITARY SEW.LO BRL p o � EASEMENT r! 1.91.93t�� °'- .s y.y- 10 BRL LOT 38 I L12 15.95) 14479 SO. FT. m ms`s\ 20' WATERLINE — ` 10' GAS ESMT ' \ �p� EASEMENT ( �N 76.0422 E 6. 4 7.00' 37.99) 115.07' A?"- / 20' 1 0 DRAINAGE7: 3 \ EASEMENT, gRt (2562) LOT 39� 14652 SO. FT. Lu � � o m (627) LOT �n, 21869 SO. FT. o / 20, Bj< 1.10 28r E 147 49r � N LOT 59 SEE SHEET 18 e Lu ORO P� 010 12 `o 0 � USSR 0065� 10' GAS ESMT _= �STBRL ti 3 LOT 40 i SEE SHEET 14 'n 20" SANITARY SEW. = EASEMENT N 27'J24,3' -X 64-51' 110— 20" DRAINAGE EASEMENT LOT 57 SEE SHEET 18 3 50 0 50 Z GRAPHIC SCALE (IN FEET) 00' NORWICH COURT 50' R/W FINAL SUBDIVISION PLAT SOUTHERN HILLS SUBDIVISION PHASE l OPEOUON MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: 1" = 50' T DATE: NOVEMBER 4, 2005 I GREENWAY ENGINEERING 751 Windy Hill Lane Enl ineers Winchester, Virginia 22602 Surveyors Telephone- (540) 662-4185 FAX- (540) 722-9528 Founded en 191 www-greenwayeng. corn 'CH OF t � _ 9 JASON G- BLY No- 2619 3126 SHEET 13 OF 3 14' WATERLINE EASEMENT 1� C0 U rn 2 �� 0 or �� O (L 2 9 C � �7 L12 y 10 GAS ESMT 7.00' 20' DIWNAGE EASEMENT 065 Ecogo LOT 44 SEE SHT. 15 LOT 48 E 15 SEE SHT. 16 � N S 10 �\ LOT 43 13482 SQ. FT. 0 X-1 �0 LOT 49 58 / SEE SHT. 16 El 20' SANITARY SEW. ` z W EASEMENT 0 LOT 42 14943 S4. FT m Lor 50 0 N SEE SHT. 16 �y� 10' BRL 3 S 29'13'02 W 111.81' 6 �.'.•-. _ `'-: ?�' N LOT 51 Y 20 BRL 2 SEE SHE 16 h h ick ti 35 BRA LOT 39 •'" ��A m SEE SHT. 13 m 3� m LOT 41 NI I 'm LOT 40 �' Iry 17856 SQ. FT. (31.95 } 0' SANITARY SEW t7 013043 S0. FT IN ti� EASEMENT h 4' o LOT 52 h (13.86)IZ SEE SHT. 16 25BRL _ J (7 42) 20' BRL _ (54.J5) -107.40 E24 N 27"32 43" E N 27"32 43" E 2500 -5 (J0.86) 20' DRAINAGE LOT 54 LOT 57 LOT 56 EASEMENT LOT 55 SEE SHT. 17 SEE SHT 18 SEE SHT. 17 1 SEE SHTT, 17 50 0 50 NOTE - SEE SHEET 3 & 4 FOR LINE DATA AND CURVE DATA. GRAPHIC SCALE SEE SHEET 35 FOR NOTES, AREA TABULATION, AND LEGEND. (IN FEET) FINAL SUBDIVISION PLAT SOUTHERN HILLS SUBDIVISION PHA SE / OPEOUON MAGISTERIAL DISTRICT. FREDERICK COUNTY, VIRGINGI SCALE: 1" = 50' DATE: NOVEMBER 4 2005 GREENWAY ENGINEERING 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX: (540) 722-9528 Founded in 1971 www- green wayeng-corn TH OF Gj�G' U � Y SON G. BLY No 2619 3126 SHEET 14 OF 35 MERIDIAN OF RECORD INSTR. 1010012065 I I I WAKEF/ELL? COURT 50' R/w _ ' S ( 00".38"17" W 220.00' L= 18.83') WATERLINE 14 EA '50.00'�. 105.00" / CP j`__ .; GAS (L=6.98) 7 ^� (62. 00 .t 7"EASEMENT I 10' GAS \�9 /gRL N �— 35' RRL t'E28 ESMT 35 ^ LOT 46 LOT 45 h 17405 `' SO. FT. 15577 SQ. FT. ITO' SAN. `o ,: 23.15) Z SEWER ESMT 3 O w o 0" BRL `V S 05 06 10' BRL 1W 5 N O2' 3599_ _ W 145.23" �' o �n V 14 10 BRL 10 B L I ~ LOT 44 N LOT 47 J W� : a J 13222 SQ. FT I N m 12379 SO. FT. N W N h 10'BRL 10' BRL �► N 00'1445^ W 159.25 o N 00'.38'17" E I 145I Q 20' LOT 43 SEE SHEET 14 50 0 50 GRAPHIC SCALE (/N FEET) 00 Z LOT 48 kk SEE SHEET 16 f' t= I NOTE.- SEE SHEET 3 & 4 FOR LINE DATA AND CURVE DATA - SEE SHEET 35 FOR NOTES, AREA TABULATION, AND LEGEND. FINAL SUBDIVISION PLAT SOUTHERN HILLS SUBDIVISION PHA SE / OPEOUON MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE- DATE: NOVEMBER 4. 2005 GREENWAY ENGINEERING 151 Windy Hill Lane Engineers Winchester, Vrginia 22602 Surveyors Telephone: (540) 662-4185 FAX-- (540) 722-9528 founded in 1971 www.greenwayeng.com TH OF D JASON G- BLY No- 2619 � l `' 3126 SHEET 15 OF 35 LOT SEE SHEET 15 EWATERLINE T 145 0� SEMEN?" f REZ 6� - S BB3 6 U ��w 1P� Oolop1 RSTR. 0 \ IN T LO48 4.00) 12083 SO. FT 1 , . Z �. 01, LOT 43 �0 "\ i SEE SHEET 14 `�° LOT 49 12083 SO. FT. ° �\ c� w \� BR/ 50 -p Lor 42 ° LOT 50 C' SEE SHEET 14 C 12961 SO. FT � (14.33 i + 73.70 3 70 1 +" "N i5'99�22 c� ° l 10 BRL o LOT 51 m ° ss' 13357 SO. FT. \ (14.24) L 10' BRL h ~ LOT 41 N 31 60 21 " E 170.16 obi J SEE SHEET 14 )0" BRL O NI O V tiry W 3 20' DRAINAGE % m LOT 52 EASEMENT I N 14014 SO. FT. �y E45 = `' (10.00) 10' BRL J Z N 3170621" E 164.57' 20" SANITARY SEW LOT 54 EASEMENTLOT 53 SEE SHEET 17 SEE SHEET 17 i 50 0 50 NOTE: SEE SHEET 3 & 4 FOR LINE DATA AND CURVE DATA, GRAPHIC SCALE SEE SHEET 35 FOR NOTES, AREA TABULATION, AND (IN FEET) LEGEND. FINAL SUBDIVISION PLAT SOUTHERN HILLS SUBDIVISION oTH OF PHASE l�" ` OPEOUON MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA U 9 _ _ SCALE: DATE: NOVEMBER 4, 2005 JASON G. BLY No_ 2619 ra 774\ GREENWAY ENGINEERING 151 Wfv [fillo 22602 2 �iA, i 04 E ngineers nchchesler, fTr�nfa 22602 Surveyors Telephone- (540) 662-4185 FAX- (540) 722-9528 _ Founded in 1971 www_greenwayenR.com 3126 SHEET 16 OF 351 I 10' GAS EASEMENT I-� N o � h � � IW j U N U I cc Z i LOT 57 '! I 1 120' SEE SHEET 18 S� SHEET 3 & 4 FOR 20' DRAINAGE EASEMENT '� LINE DATA AND CURVE DATA. EASEMENT 12031 SO. FT SEE SHEET 35 FOR NOTES, (21.05) �' I SEE SHEET 14 AREA TABULATION, AND S 6227'17' E 143.94' I LEGEND. 10" BRL I 1 120' SOUTHERN HILLS SUBDIVISION SANITARY SEW. CQ- LOT 56 EASEMENT '� OPEOUON MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA N 12031 SO. FT LOT 40 (21.05) �' I SEE SHEET 14 _ 10' BRL W 1 S 62'27'17' E 143.94 F - 10' BRL--- (5.40) �o } m LOT 55 12053 SQ. FT m J ^ - SEE LOT41 14 10' BRL aol' (:33 S 62'27'17' E 143.94' } f1 ,I 20' DRAINAGE —' EASEMENT Q: LOT 54 m 12082 So. FT. Fl - _ 10'BRL '� h S 62'27' 17 E 141.26' 10' BRL 3 • LOT 52 SEE SHEET 16 LOT 53 m 15916 SQ. FT NI _ 't c., 50 0 50 earl o __ f ._ 35_BRL GRAPHIC SCALE C1'_ SANITARY SEW (IN FEET) EASEMENT E57 E35 — — — z — — — (L=20.34) (L=18.57) — At 58 53 39' W 294.96' HA YVENHURS T COUR T — ---- 56" R/W FINAL SUBDIVISION PLAT SOUTHERN HILLS SUBDIVISION OF Lf�r PHASE / oTH O, OPEOUON MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA - _ U 9 SCALE: 1" = 50' DATE: NOVEMBER 4, 2005 JASON G_ BLY ' _---- _ — GREENWAY ENGINEERING No. 2619 151 Windy Llill Lane Engineers Winchester, l�rginia 22602 lqa �4 r0 Surveyors Telephone: (540) 662-4185 FAX- (540) 722-9528 Founded in 1971 wwwgreenwayeng_com 3126 SHEET 17 OF 35 m \ \ LOT 39 OF 8,10SEE SHEET 13 20' MEIN GE �ER51R�p1pp \ I `E45 - � -,- S 27732 43 W 88 _; 3"• '_ . LOT 58 SEE SHEET 13 EASEMENT E24 147,49' 5 11,1 2$; W/ Im 25BRL _ (2.12 / � co obi iz5 BB LOT 57 `12580 SQ. FT. ; 3 h LOT 59 15601 SQ. FT I o N o uzi 10 GAS EASEMENT 2 20' DRAINAGE ?\ - " EASEMENT 77.82' NORWICH COURT N 2732'43' E 359.2 1 ' I LOT 60'f o m 17166 SQ. FT. ( = cl i L 40 (L=17.53 o R 1 c B ^� 10 11 1pp� E � \N 010 20' 3 20' DRAINAGE (4.29' EASEMENT LOT 62 t LOT 61 N g SEE SHEET 19 N m 17247 SQ. FT. m h o2 N 10' BRL 40 N 2732 43' E 211.60' (45.69) —_- 20' SANITARY SEW LOT 72 EASEMENT SEE SHEET 21 LOT LOT 71 SEE SHEET 21 50 0 5 SEE SHEET 21 t- -� NOTE-- GRAPHIC OTE_GRAPHIC SCALE SEE SHEET 3 & 4 FOR LINE DATA AND CURVE DATA. (IN FEET) SEE SHEET 35 FOR NOTES, AREA TABULATION, AND LEGEND. FINAL SUBDIVISION PLAT SOUTHERN HILLS SUBDIVISION oTH °F PHASE OPEQUON MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA U \ 9 SCALE: i" = 50' DATE: NOVEMBER 4, 2005 JASON c_ BLY No. 2619 GREENWAY ENGINEERING 1; 151 Windy Hill Lane Engineers WFnchesrer, Virginia 22602 �!J gUK�jFl Surveyors Telephone: (540) 662-4185 FAX (540) 722-9526 _ Iounded in 1971 www.greenwayeng_com 3126 SHEET 18 OF 35 (25.05) 20' DRAINAGE I L SHEET 20 I LOT 62 16961 SQ. FT m i Wl 10' BRL N 6227 17 145.00 &V (1032J) m-1 , LO1" 0±� I (18.56)v - �jo Js J9- W HA YVENHURST COURT 56' R/W FINAL SUBDIVISION PLAT NOTE. - SEE SHEET 3 & 4 FOR LINE DATA AND CURVE DATA. 17.53) SEE SHEET 35 FOR NOTES, AREA TABULATION, AND LEGEND. L13 z Z o� p/-n V � � Y/ b G�\ MU 14' LOT 68 SEE SHEET 20 I ^ m LOT 63 I 12808 SQ. FT. N 0 O N O L 10' B_RL 20' SANITARY-� r-, O o w N 62'2 17 W 145 00' SFW EASEMENT ,I -- f_ I� WATERLINE 10' BRL LOT 67 SEE SHEET 20 f - �:, m LOT 64 m 0 50 !� 1280850. I I (IN FEET) �+D o 10" BRL - N 62'2 17 7" W 145.00' 10' 8RL LOT 66 j '." L SEE SHEET 20 I! w 1 LOT 65 m 17223 SQ. FT. P ' 35' BRL &V (1032J) m-1 , LO1" 0±� I (18.56)v - �jo Js J9- W HA YVENHURST COURT 56' R/W FINAL SUBDIVISION PLAT NOTE. - SEE SHEET 3 & 4 FOR LINE DATA AND CURVE DATA. 17.53) SEE SHEET 35 FOR NOTES, AREA TABULATION, AND LEGEND. L13 z Z o� p/-n V � � Y/ b G�\ SOUTHERN HILLS SUBDIVISION PHASE / OPEOUON MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: DATE_ NOVEMBER 4, 2005 GREENWAY ENGINEERING 151 Windy Hill Lane F_ngineers Winchester, Virginia 22602 Surveyors Telephone_ (540) 662-4185 FAX.- (540) 722-9528 Founded in 1971 www.gr-eenwayeng.corn THop- JASON G. BLY No. 2619 3126 SHEET 19 OF MU I 0 WATERLINE EASEMENT I \ 50 0 50 GRAPHIC SCALE I (IN FEET) SOUTHERN HILLS SUBDIVISION PHASE / OPEOUON MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: DATE_ NOVEMBER 4, 2005 GREENWAY ENGINEERING 151 Windy Hill Lane F_ngineers Winchester, Virginia 22602 Surveyors Telephone_ (540) 662-4185 FAX.- (540) 722-9528 Founded in 1971 www.gr-eenwayeng.corn THop- JASON G. BLY No. 2619 3126 SHEET 19 OF LOT 70 f - SEE SHEET 21 ` ' - -' (21.49) S 6227'17' E 148.00' - LOT 62 SEE SHEET 19 10' 8RL m LOT 69 m I \ 12333 SQ. FT 20' DRAINAGE o, EASEMENT I.j l 10" BRL ~o o S 6227 17�E 148.00 I _OSHEET Lij 10"BRL �LO%' 68 m 'h ICC .., 12333 SQ. FT. N W.1–TL S 6277 17 E 148DO"W 2 10 Rr m LOT 67 ml "i20' SANITARY SEW. 12333 SQ. FT � 3 EASEMENT 10" BRL J LOT 64 i C,4 SEE SHEET 19 S 62'27'17" E 148.00 0 o -- - N r 10" BRL m LOT 66 VIII:_ (2 E3 18834 SQ. FT. m V W 1 1 LOT 65 SEE SHEET 19 BRL _I �_ f 14" W J.21' 20' DRAINAGE1 .I EASEMENT WATERLINE I ry 17TT EASEMENT � (45.74) O 2 _ (34240)___ (18.56) N 58'53'39' W 829.27' (TOTAL __ HA YVENHURS— T 50 0 50 56' R,, V COURT -_ NOTE - GRAPHIC SCALE SEE SHEET 3 & 4 FOR LINE DATA AND CURVE DATA. (IN FEET) SEE SHEET 35 FOR NOTES, AREA TABULATION, AND LEGEND. FINAL SUBDIVISION PLAT SOUTHERN HILLS SUBDIVISION oTH OF `j�G'� PHASE l OPEOUON MAGISTERIAL DISTRICT" FREDERICK COUNTY" VIRGINIA U \ 9 SCALE: 1" = 50' DATE: NOVEMBER 4, 2005 JASON G. BLY No_ 2619 GREENWAY ENGINEERING 151 Lindy Hill Lane l O4 Engineers Winchester, 1/irginra 22602 " D Surveyors Telephone_ (540) 662-4185 FAX- (540) 722-9528 _ Founded in 1971 www_ green wayeng-com 13126 SHEET 20 OF 35 OPEN SPACE A SEE SHEET 30 >>5479;3.i' E LO R (45-69) Im LOT 72 m 14479 SQ. FT. NI 10' 8RL S 6227'17' E 148.00 20' SANITARY SEWER EASEMENT 50 0 50 GRAPHIC SCALE (IN FEET) NOTE. - SEE SHEET 3 & 4 FOR LINE DATA AND CURVE DATA. SEE SHEET 35 FOR NOTES, AREA TABULATION, AND LEGEND. FINAL SUBDIVISION PLAT SOUTHERN HILLS SUBDIVISION PHASE / OPEOUON MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: 1" = 50' DATE: NOVEMBER 4, 2005 GREENWAY ENGINEERING 151 Windy Hill Lane Fngineers Winchester, Virginia 22602 Surveyors Telephone_ (540) 662-4185 FAX -(540) 722-9528 Founded in 1971 www_greenwayeng_corr TH OFD � JASON G. BI_Y No. 2619 3126 SHEET 21 OF 3 10, RRL I � N LOT 71 j� 12925 SQ. FT. N i� 'a LOT 61 I N SEE SHEET 18 10' BRL S 62'27'17 E 148.00 ! h o -- o 10" BRL � F (2505) ~' m LOT 70 ml 12333 SQ. FT. (27 72) 10" BRL 0 N 6227'17' W 148.00' I o LOT 62 SEE SHEET 19 LOT 69 t SEE SHEET 20 I r I o� 20' DRAINAGE EASEMENT 50 0 50 GRAPHIC SCALE (IN FEET) NOTE. - SEE SHEET 3 & 4 FOR LINE DATA AND CURVE DATA. SEE SHEET 35 FOR NOTES, AREA TABULATION, AND LEGEND. FINAL SUBDIVISION PLAT SOUTHERN HILLS SUBDIVISION PHASE / OPEOUON MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: 1" = 50' DATE: NOVEMBER 4, 2005 GREENWAY ENGINEERING 151 Windy Hill Lane Fngineers Winchester, Virginia 22602 Surveyors Telephone_ (540) 662-4185 FAX -(540) 722-9528 Founded in 1971 www_greenwayeng_corr TH OFD � JASON G. BI_Y No. 2619 3126 SHEET 21 OF 3 (14.54') OPEN ! OPEN SPACE rr SEE SHEET 28 - - S 59'03 53 _E 14315_. (4.45) I LOT 88 �� =>lm LOT 73 SEE SHEET 25 "d LO 12160 SQ. FT. h h Of I 10' BRL J I N 62'27'17' W 142.90" N 20' DRAINAGE t" : ...1 10 BRL EASEMENT to I i >� LOT 74 o sEEL sHEBET 25 -- ' N 6227'17" W 14290' I 12194 SQ. FT. L 1 LOT 77 LOT 84 'o SEE SHEET 23 SEE SHEET 24 f - 10' BRL J — - - N62'27'17' W 1. 0' U.O )0' BRL F LOT 86 _I LOT 75 SEE SHEET 25 m � 12194 SQ. fT. m 10' BRL _I N 62'27'17' W 142.90' 10" BRL LOT 85 SEE SHEET 25 I I �� LOT 76 12194 SQ. FT. m 20' SANITARY SEW. EASEMENT to h i i 10' BRL o 07. -: -- ' N 6227'17" W 14290' � L 1 LOT 77 LOT 84 'o SEE SHEET 23 SEE SHEET 24 f - 50 0 50 GRAPHIC SCALE (IN FEET) 14' WATERLINE EASEMENT Lu C", N NOTE.• SEE SHEET 3 & 4 FOR LINE DATA AND CURVE DATA. SEE SHEET 35 FOR NOTES, AREA TABULATION, AND LEGEND. FINAL SUBDIVISION PLAT SOUTHERN HILLS SUBDIVISION PHASE / OPEQUON MAGISTERIAL DISTRICT. FREDERICK COUNTY, VIRGINIA _ SCALE: 1" = 50' 1 DATE: NOVEMBER 4, 2005 GREENWAY ENGINEERING 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX (540) 722-9528 Fnundrd m 1971 www.greenMlaYeng_Cnrn I - , TH OF U 9 JASON G_BLY No- 2619 3126 SHEET 22 OF 3 o C) 'o h o � N n 0 U.O Q Lu C", N NOTE.• SEE SHEET 3 & 4 FOR LINE DATA AND CURVE DATA. SEE SHEET 35 FOR NOTES, AREA TABULATION, AND LEGEND. FINAL SUBDIVISION PLAT SOUTHERN HILLS SUBDIVISION PHASE / OPEQUON MAGISTERIAL DISTRICT. FREDERICK COUNTY, VIRGINIA _ SCALE: 1" = 50' 1 DATE: NOVEMBER 4, 2005 GREENWAY ENGINEERING 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX (540) 722-9528 Fnundrd m 1971 www.greenMlaYeng_Cnrn I - , TH OF U 9 JASON G_BLY No- 2619 3126 SHEET 22 OF 3 NOW 0 (91.23)-` V 321' E4B �ti 3 -rTTI � - 0 100.20' Q. ' o N (B 68) HA YVENHURST COURT N 58'5339" w 34?.40) ss Rpt, 829 27' (TOTAL) 50 0 50 GRAPHIC SCALE (IN FEET) NOTE. - SEE SHEET 3 do 4 FOR LINE DATA AND CURVE DATA. SEE SHEET 35 FOR NOTES, AREA TABULATION, AND LEGEND - FINAL SUBDIVISION PLAT SOUTHERN HILLS SUBDIVISION PHASE / OPEOUON MAGISTERIAL DISTRICT, FREDERICK COUNTY" VIRGINIA SCALE: 1" = 50' DATE: NOVEMBER 4, 2005 GREENWAY ENGINEERING 151 Windy hill Lane Engineers Winchester, Virginia 22602 .S.rg" 07S Telephone: (540) 662-4185 FAX: (540) 722-9528 Founded in 1971--w.greenwayeng.corn /09TH OF 11, �r v a JASON G. BLY No- 2619 3126 SHEET 23 OF 35 LOT 76 1 SEE SHEET 22 Z - - 1 S 6227'17' E 142.90' 20' SANITARY SEW. EASEMENT 10 • BRL o 0 cz LOT 84 �I ! m LOT %% ml � C C)� o � SEE SHEET 24 I ry 12194 SQ. FT. _ I ::: o 13"::) (15.00i k.° --. _ -,1 20' DRAJAIACE I EASEMENT 10" BRL W - - 7.1 oN 6227 17 W -- 14290 0 ti , t = �I Q 10" BRL t LIJ LOT 83 LOT %8 ca SEE SHEET 24 _ �i v� 12194 SO. FT ; _ . I 3 _Lu 10" BRL -- _I 0 N6227'1 7 W 142.90' _ 0 N - I -- 10 BRL N I - � 82SHEET I I•m L O / %a9 m l :: 14 WATERLINE SEELOT 24 12194 SO. FT I EASEMENT 7'1 10' BRL_ J 10• GAS EASEMENT _+ N 62'27 17 W 142.90' -. (10.00) -- o J ___ 10" BRL J JI i LOT 81 N Im LOT 80 ml h I ' SEE SHEET 24 ; o� 15693 SO. FT E17J = 0.. NOW 0 (91.23)-` V 321' E4B �ti 3 -rTTI � - 0 100.20' Q. ' o N (B 68) HA YVENHURST COURT N 58'5339" w 34?.40) ss Rpt, 829 27' (TOTAL) 50 0 50 GRAPHIC SCALE (IN FEET) NOTE. - SEE SHEET 3 do 4 FOR LINE DATA AND CURVE DATA. SEE SHEET 35 FOR NOTES, AREA TABULATION, AND LEGEND - FINAL SUBDIVISION PLAT SOUTHERN HILLS SUBDIVISION PHASE / OPEOUON MAGISTERIAL DISTRICT, FREDERICK COUNTY" VIRGINIA SCALE: 1" = 50' DATE: NOVEMBER 4, 2005 GREENWAY ENGINEERING 151 Windy hill Lane Engineers Winchester, Virginia 22602 .S.rg" 07S Telephone: (540) 662-4185 FAX: (540) 722-9528 Founded in 1971--w.greenwayeng.corn /09TH OF 11, �r v a JASON G. BLY No- 2619 3126 SHEET 23 OF 35 EX 20' WATERLINE EASEMENT EX 4' SIDEWALK EASEMENT EX 1 1 ' PRIVATE FORCE AdAIN — EASEMENT 13' 10' CAS EASEMENT LOT 85 f _j SEE SHEET 25 I_ -•i LOT 76 SEE SHEET 22 N 62"27'17' W 144.10' 10' BRL I:.- 20' SANITARY SEW. j EASEMENT OT 8. m� �� `'I lin 12296 5Q. F. NI •>° LOT 77 I.._� { SEE SHEET 23 (16.00) 10' BRL _ 20' DRAINAGE o I I S 62'2T 7 E 144.10 I�SEMENT W N I z EX 4 10' 8RL 50 NOTE - GRAPHIC SCALE �m LOT 83 ml (IN FEET) ^1� Z rP, 12296 SQ. FT. SUBDIVISION PLAT 0 10' BRL HILLS SUBDIVISION o 13 N LOT 78 o n No S 6227'17' E 144.10-_.; ..) SEE SHEET 23 a PHASE l oTH OPEOUON MAGISTERIAL DISTRICT, FREDERICK COUNTY. VIRGINIA JASON G. BLY No. 2619 I� LOT 82 GREENWAY ENGINEERING Engineers h12296 SQ. FT. mI I �n Surveyors Telephone. (540) 662-47X5 LOT 79 I SEE SHEET 23 I 10'BRL —144—.10—'] i l S 62"2717 E I I (18.04 ) Im LOT 81 ml r� 16086 SQ. FT I LOT 80 I N 155956" W `�� SEE SHEET 23 49-07' I 35' BRL �- 14WATERLINE I EASEMENT W LIO (16.80) _ C48 N 5 i9' W �N 62'27'17" W 84.46 8' ' - - 53 �,__ 829927' (TOTAL) HA YVENHURST COURT (191.91 J 56' R/W 50 0 50 NOTE - GRAPHIC SCALE SEE SHEET 3 & 4 FOR LINE DATA AND CURVE DATA - (IN FEET) SEE SHEET 35 FOR NOTES, AREA TABULATION, AND LEGEND. FINAL SUBDIVISION PLAT SOUTHERN HILLS SUBDIVISION OF P7�G'r PHASE l oTH OPEOUON MAGISTERIAL DISTRICT, FREDERICK COUNTY. VIRGINIA JASON G. BLY No. 2619 SCALE: 1 " = 50' DATE: NOVEMBER 4, 2005 GREENWAY ENGINEERING Engineers 157 Windy Hill Lane Winchester, Virginia 22602 lga�i �O Surveyors Telephone. (540) 662-47X5 FAX- (540) 722-9528 3126 SHEET 24 OF 35 Founded in 1971 www_ green wa yeng com :.k.� OPEN SPACE B SEE SHEET 28 (12.18 EX DRAINAGE o S 58-2J:57 J.E 144.46' EASEMENT BRL ' LOT, 8 EX 11 ' PRIVATE ' " m 12455 SQ. FT h l FORCE MAIN EASEMENT 10' BRL S 6227'17' E 144..110T' 2 EX 4' SIDEWALK IJ EASEMENT hI �I 1J' I I JO' GAS EASEMENT I— 10' RRL �m LOT 87 12297 SQ. FT. ml N 10" RRL S 6227'17' E 144.10' -- 17.42 10' BRL 7. 20' SANITARY SEW. (14.54) EASEMENT m LOT 7J _-_I SEE SHT 22 'J'1--20- DRAINAGE EASEMENT z� :`r o LOT 74 SEE SHT 22 �. rn v. o W -- j� LOT 86 llm 12296 SQ. FT.ry N LOT 75 I SEE SHT 22 N 10' BRL_ S 62'2717 E 144._10 - 0 10' SRL- I� LOT 85 �I 12296 SQ. FT LOT 76 SEE SHT 22 = "I 20' SANITARY SEW. 10' RRL I EASEMENT N 622717' W 144.-1O I LOT 84 SEE SHEET 24 'EX 20' WATERLINE EASEMENT 50 0 50 GRAPHIC SCALE (IN FEET) NOTE SEE SHEET 3 do 4 FOR UNE DATA AND CURVE DATA_ SEE SHEET J5 FOR NOTES, AREA TABULARON, AND LEGEND. FINAL SUBDIVISION PLAT SOUTHERN HILLS SUBDIVISION PHASE / OPEOUON MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: DATE: NOVEMBER 4. 2005 GREENWAY ENGINEERING 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Sten eyorr Telephone: (540) 662-4185 FAX: (540) 722-9528 founded m 1971 www. green wayeng- corn TH OF rte`' I 1 �Gr �v a JASON G_ BLY' No. 2619 3126 SHEET 25 OF II W II j 03 2 EX 4' SIDEWALK IJ EASEMENT hI �I 1J' I I JO' GAS EASEMENT I— 10' RRL �m LOT 87 12297 SQ. FT. ml N 10" RRL S 6227'17' E 144.10' -- 17.42 10' BRL 7. 20' SANITARY SEW. (14.54) EASEMENT m LOT 7J _-_I SEE SHT 22 'J'1--20- DRAINAGE EASEMENT z� :`r o LOT 74 SEE SHT 22 �. rn v. o W -- j� LOT 86 llm 12296 SQ. FT.ry N LOT 75 I SEE SHT 22 N 10' BRL_ S 62'2717 E 144._10 - 0 10' SRL- I� LOT 85 �I 12296 SQ. FT LOT 76 SEE SHT 22 = "I 20' SANITARY SEW. 10' RRL I EASEMENT N 622717' W 144.-1O I LOT 84 SEE SHEET 24 'EX 20' WATERLINE EASEMENT 50 0 50 GRAPHIC SCALE (IN FEET) NOTE SEE SHEET 3 do 4 FOR UNE DATA AND CURVE DATA_ SEE SHEET J5 FOR NOTES, AREA TABULARON, AND LEGEND. FINAL SUBDIVISION PLAT SOUTHERN HILLS SUBDIVISION PHASE / OPEOUON MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: DATE: NOVEMBER 4. 2005 GREENWAY ENGINEERING 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Sten eyorr Telephone: (540) 662-4185 FAX: (540) 722-9528 founded m 1971 www. green wayeng- corn TH OF rte`' I 1 �Gr �v a JASON G_ BLY' No. 2619 3126 SHEET 25 OF EX 20' WATERLINE EASEMENT > LOT 93 �. SEE SHEET 27 1 Z i ::: S 61'1 D'S0' E 145.04' �y - RL F' LOT 92 I COI 12618 SQ. FT m N � I 10' BRL I S 61'10'5O E 145.04 j I 10' BRL I O LOT 91 ml N n, 112618 SQ. FT. d _ 10' BRL f �REMAINDER OF . o I S 61 10 50 E 145.04 "� �� � �I v T.M. 85 A-138 ' 1 51.9269 ACRES ~ 10BRL h - 1 20' DRAINAGE EASEMENT ol:_ m LOT 90 m I ::. 1261 I == .. _, I 8 SQ. Fr_: I EX 4' SIDEWALK N EASEMENT I ll �I 1T BRL W 13" o S 61'1050 E 145.04 I 0 10' GAS EASEMENT -� ]0' BRL 120' SANITARY SEW. EX 5' DRAINAGE ._ II -I EASEMENT EASEMENT J ' oI I LOT 89 Car 12979 sQ. f r LC�"� , I I: EX DRAINAT I (16.56) EASEMENT .: _ 10' BRL o 5973'09 �W 145.23' . EX 11' PRIVATE { OPEN SPACE 8 r� FORCE MAIN I I " "- - SEE SHEET 28 f EASEMENT I I'-"' I ! I Lir 50 0 50 NOTE: SEE SHEET 3 & 4 FOR UNE DATA AND CURVE DATA - GRAPHIC SCALE SEE SHEET 35 FOR NOTES, (IN FEET) AREA TABULATION, AND LEGEND" FINAL SUBDIVISION PLAT SOUTHERN HILLS SUBDIVISION sLTH OF yf PHASE OPEOUON MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: _ DATE: NOVEMBER -4,2005 SON G. BLY No -2619 GREENWAY ENGINEERING 151 Windy Hill Lane l °4 F_ngineers Winchesier, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX: (540) 722-9528 _ Founded in 1971 www-greenwayeng.corn 3126 SHEET 26 OF 35 REMAINDER OF T.M. 85–A-138 c� 51.9269 ACRES EX 20' WATERLINE EASEMENT v o o S 61'1050" E 145.04" . =;.10 BRL LOT 95 mI o f of=' Im 12618 SQ. FT Lu h 2.00' 20' SANITARY SEW. EASEMENT -I I .: �— — 10 BRL ... S 61'10'50" E 145.04 [(� LOT 94 0 �, I 20' DRAINAGE 12618 SQ. FT I _.`:- [.:: EASEMENT ti p� 10" BRL _ I REMAINDER OF S 61'10 50 E 145.04 3 : 11 T.M. 85–A-138 EX 5' DRAINAGE ° '– »{-;-_l 51.9269 ACRES EASEMENT :-, — F—ioTBR—L EX 4' SIDEWALK If` EASEMENT I J LOT 93 o �`. Im 12618 SQ. FTCo 10' BRL _ J 10' GAS FASEMENT t �' N 61'1050 W 145.04'` 1 LOT 92 I" SEE SHEET 26 ... EX 11' PRIVATE f FORCE MAIN I EASEMENT f 50 0 50 NOTE: SEE SHEET 3 & 4 FOR LINE DATA AND CURVE DATA. GRAPHIC SCALE SEE SHEET 35 FOR NOTES, (IN FEET) AREA TABULATION, AND LEGEND. FINAL SUBDIVISION PLAT SOUTHERN HILLS SUBDIVISION yTH OF 1'f PHA SE l � r9 OPEOUON MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE:DATE: NOVEMBER 4, 2005 �ON G. BLY GREENWAY ENGINEERING No. 2619 I y /05 ISI Windy rgm a 22 p� Engineers SURO Winchester, Virginia 22602 .Surveyors Telephone: (540) 662-418.5 FAX: (540) 722-9528 Founded in 1971 www_greenwayeng-com 3126 SHEET 27 OF 35 / S 62'27'17" E \so�O� 50.00' �� I (10.14 TEMPORARY \ CUL—DE—SAC EASEMENT HEREBY CREATED 20' SAN SEW ESMT REMAINDER S 59'13'09" E T.M. 85—A-138 14223' 51.9269 AC t ORO OF R C 20 5 E37 J ERIO�P� 00100 -- (10.02) WES TCHES TER DRIVE S 27*3243" W 50' R/W 14, 52.60'i J 14' WATER UNE ESMT 1 LOT 73 h SEE SHT 22 o E J6 _ S 2T32 43" W-11--, 15.57' h 20' DRAINAGE ESMT x OPEN LOT 89 SEE SHT 26 EX 11 ' PRIVATE FORCE MAIN . u L A CE , 3 A 14863 SO. 0.34 AC. EASEMENT EX DRAINAGEZ ESMT. r EX 20' WATER LINE ESMT. 20' SAN. SEW ESMT '(5.47) N J1109105" E 12.18' LOT 88 SEE SHT 25 EX 4' SIDEWALK EASEMENT I N 273243" E I 50.14' TOWN RUN LANE (VA_ ROUTE 1012) EX 45' R/W DB 433 PG 131 (40) 1NSTR_ NO (5) 50 0 50 GRAPHIC SCALE (IN FEET) NOTE.• SEE SHEET 3 & 4 FOR LINE DATA AND CURVE DATA. SEE SHEET 35 FOR NOTES, AREA TABULATION, AND LEGEND. FINAL SUBDIVISION PLAT SOUTHERN HILLS SUBDIVISION PHA SE / OPEOUON MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: 1" = 50' DATE: NOVEMBER 4 2005 GREENWAY ENGINEERING 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone.- (540) 662-4185 FAX- (540) 722-9528 l nmided in 1971 www greenwayeng. corn xop TH OF; �G_ BLY No. 26I9 L klI4(05 �4 3126 SHEET 28 OF i PIN 85—A-131 RI TENOUR FARM, L.P. DB 753 PG 835 O ZONE RA AOR i RE 065 Of 017 1�/ o PIN 85—A— 139 32 ^ GARY L & STEPHEN P. L SCOTHORN o ZONE: RA % USE AGRI_ o 0 0 26 0 7 o—o PIN 85—A— 141 % 27 2 FREDERICK— P % 8 WINCHSTER SpP�E / /� 0 29 SERVICE a oPE�' � OPEN Jo 2 AUTHORITY %/ SPACE I ZONE RA /� 3 3 1 v J1 JI � 1 iI O 31 o 34 - 4 / _15 � 4.547 / x44 48 1 J7 49 1 ' /34 jg n 42 50 12 � 5/ I 39 it 5 4/ 0 5 to % REMAINDER3 O 0 59 57 s 55 54 53 y RESIDUE OF T. M. 85—A— 138 r 6 NOl7W1CH cT 8 51.9269 AC. 61 7 6J 64 65 I � 6 Ir 72 71 70 68 67 66 5 1 \ _ �WE9TCtE3TER fX>!VE 4 J OPEN PACF 9 71 74 75 76 78 79 80 1 95 94 9J 92 91 90 89 88 87 B6 85 84 85 82 81 1 TOWN RUN LANE (VA. ROUTE 1012) 40' R/W — OB 433 PG 131 I i 400 0 400 OPEN SPACE A SHEET INDEX GRAPHIC SCALE 1'=400' (IN FEET) FINAL SUBDIVISION PLAT SOUTHERN HILLS SUBDIVISION TH OF Gj PHASE l ��� OPEQUON MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA Sc 1" =-400' DATE: NOVEMBER 4, 2005 1A ON G. BLY GREENWAY ENGINEERING No. 2619 it I4l o S 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone. (540) 662-4185 FAX (540) 722-9528 _ Io,-ded m 1971 www_ green waveng_ corn 3126 SHEET 29 OF 35 20" SANITARY l E40 , SEWER ESMT SANITARY TEMPORARY f� SEWER ESMT CUL—DE—SAC EASEMENT E39 HEREBY CREATED 10.05' (159-01) LOT 72 10238' css N 277'32'43 E WESTCHESTER DR/VE N 6227'17" W I �r4 50' R/W 50.00" ° � (6-49) LOT 73 OPEN 100 0 100 SPACE B GRAPHIC SCALE (IN FEET) FINAL SUBDIVISION PLAT SOUTHERN HILLS SUBDIVISION PHASE / OPEQUON MAGISTERIAL DISTRICT FREDERICK COUNTY, V7RGlNIA SCALE: 1" = 100' DATE: NOVEMBER 4, 2005 GREENWAY ENGINEERING 151 Windy Hill Lane Engineers 11 inchester, Virginia 22602 Surveyors Telephone.- (540) 662-4785 FAX- (540) 722 9528 Fou"ded in 1971 www.Kreenwayeng.coin NOTE.' SEE SHEET 3 & 4 FOR UNE DATA AND CURVE DATA SEE SHEET 35 FOR NOTES, AREA TABULATION, AND LEGEND. THOFD� I,Q J �ONG,-BLY No. 2619 3126 SHEET 30 OF 3 MATCH LINE TO SHEET 31 OF 35 LOT 36 (6 N �/ 37 Lu LOT ■ ,� E43 2 N O 'v `o (13.67) LOT 38 o 20' WATER E16 UNE ESMT ' N 20' SAN/TARP SEWER ESMT ,3 RE�p 65 d !� ('' LOT 58 IO NIA OtOpl2p :oo MSjR. Z I Q C6 LOT 59 h � . REMAINDER OF TM, 85 -A -13B 51.9269 AC. s i ^ I LOT 60 E42 / / (76-61) SANITARY LOT 61 SEWER ESMT 20" SANITARY l E40 , SEWER ESMT SANITARY TEMPORARY f� SEWER ESMT CUL—DE—SAC EASEMENT E39 HEREBY CREATED 10.05' (159-01) LOT 72 10238' css N 277'32'43 E WESTCHESTER DR/VE N 6227'17" W I �r4 50' R/W 50.00" ° � (6-49) LOT 73 OPEN 100 0 100 SPACE B GRAPHIC SCALE (IN FEET) FINAL SUBDIVISION PLAT SOUTHERN HILLS SUBDIVISION PHASE / OPEQUON MAGISTERIAL DISTRICT FREDERICK COUNTY, V7RGlNIA SCALE: 1" = 100' DATE: NOVEMBER 4, 2005 GREENWAY ENGINEERING 151 Windy Hill Lane Engineers 11 inchester, Virginia 22602 Surveyors Telephone.- (540) 662-4785 FAX- (540) 722 9528 Fou"ded in 1971 www.Kreenwayeng.coin NOTE.' SEE SHEET 3 & 4 FOR UNE DATA AND CURVE DATA SEE SHEET 35 FOR NOTES, AREA TABULATION, AND LEGEND. THOFD� I,Q J �ONG,-BLY No. 2619 3126 SHEET 30 OF 3 Ro O�P� O 0 12065 0 MENSIR- � �2 OF AO E63 OPEN SPACE 17.5317 AC. (25.47) (32.56) 20' SANITARY t SEWER ESMT { LOT 34 REMAINDER OF tAj II 3 I�I T.M. 85-A-138 f. i N 51-9269 AC. o i f h LOT 35 L i LOT 36 Irl MATCH LINE TO SHEET 30 OF 35 100 0 100 GRAPHIC SCALE (IN FEET) c ' 20" DRAINAGE E29 ES 4T N 00'38'17" E 70.67' a NOTE." SEE SHEET 3 k 4 FOR LINE DATA AND CURVE DATA. SEE SHEET 35 FOR NOTES" AREA TABULATION, AND LEGEND_ FINAL SUBDIVISION PLAT SOUTHERN HILLS SUBDIVISION PHASE / OPEOUON MAGISTERIAL DISTRICT. FREDERICK COUNTY, VIRGINIA SCALE: 1" = 150" DATE_ NOVEMBER 4, 2005 GREENWAY ENGINEERING 151 Windy Hill Lane L ngineers Winchester, Virpnia 22602 Surveyor Telephone: (540) 662-4185 FAX- (540) 722-9528 Fouided in 1971 www.greenwayeng.com THOFG� ON G. BLY No. 2619 Il IA, `� srslzv�° 3126 SHEET 31 OF 35 100 0 100 IRS ® 25.00' - - GRAPHIC SCALE PIN 85—A -131 N B9.0728' IN FEET) RITENOUR FARM, L.P. _ �y D3 753 PG 835 _ cn 322 98% 850.37' ZONERA - p 7S' VEGAW1VE- BUFFER - - o04,_o (°ry �� 00h 0 �6 cV W pt CO ti c„ 20' WATER �? LINE ESMT ���• S 79"49'51 W 281.56' L=4168) 11.53) (L=95.73) c+� S 01'06;38' W / ^ 73.70' -2:- o E60 W N 03'35 20" E R 118.72' o N 4 l2 N 30'2446' W A 129.10' rh to � 20' SANITARY 1 1 20" PIN 85—A-139 0) SEWER ESMT`—t` ( DRAINAGE li GARY L & r-- ESMT O STEPHEN P. E61 OPEN SPA CEA ZONE RA { N 89'21'4J" W ZONEH RN cn 17.5317 AC. )f 290.26' USE. AGRT 30' INGRESS/ N 00'0457- E o EGRESS ESMT 135.18' W NOTE.- � � N 1535 03" W �I 68.45' 20' SANITARY 0 SEE SHEET 3 & 4 FOR m SEWER ESMT LINE DATA AND CURVE ti E64 DATA. SEE SHEET 35 FOR SEE SHEET 34 FOR E62 E63 W �+ PUMP STATION DETAIL NOTES. AREA TABULATION, cn J AND LEGEND. (TO BE CONVEYED TO FC' 24.00' ' S 11'0703' E E65 N 38'19'16" E �� Q 37.22' I 16.15' En 339.65' c., y ,3 I !� � , N 03'25 04' W i)oQ104.05' ry 104.05' Q) O � S 22'37 41 ' W or N 08'45 49' E 73.11 ' s I 280.04' MATCH L/NE TO SHEET 33 OF 35 FINAL SUBDIVISION PLAT SOUTHERN HILLS SUBDIVISION TH °F y PHA SE / OPEOUON MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA U 9 SCALE: 1 " = 150' DATE: NOVEMBER 4, 2005 ON G. BLY 2619 GREENWAY ENGINEERING No- k 14-1 ,o� 4 TSI Windy HITT Lane Engineers ors Winchester, Virginia 22602 Telephone- (540) 662-4185 FAX (540) 722-9528 Founded in 1971 www.greenwayeng.com 3126 SHEET 32 OF 35 A S 22J74 1 " W 73.11' 0 �v MATCH LINE TO SHEET 32 OF 35 30' SANITARY I I SEWER ESMT' J— O N 03'20'45" W { 0 328.19' i 5 03'20=45 E 78293' yam. I- 1 OPEN SPACE A I N 02.53'17" W 17.5317 AC. I 75.12' 0I o - rn �I W 100 0 100 GRAPHIC SCALE (IN FEET) I� I z1 A 1 W N _ 2 ti} l h h1C. 538 I-1 % s8 N 00'1348' E 269.38' REMAI T.M. 85 51.9 1 N m Iw 30' SANITARY SEWER ESMT ' 1" N 19'38 51 LINE TO SHEET 34 OF 35 FINAL SUBDIVISION PLAT SOUTHERN HILLS SUBDIVISION PHASE / OPFOUON MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: 1" = 150' DATE: NOVEMBER 4, 2005 GREENWAY ENGINEERING 151 Windy Hill Lane Lnbineers Winchester, Virginia 22602 Surveyors Telephone.- (540) 662-4185 FAX (540) 722-9528 Tot-ded is 1971 www.greenwuyerig.com 'DER OF -A-138 269 AC. "W 35.49' 20' SANITARY SEWER ESMT 05'41'10" W .68' 6'2159" E 07' F � TH O� U �SON,_ BL Y 9 No_ 2619 I¢� I° � s1)1zv�o� 3126 SHEET 33 OF 3 i cam' 0 rn w PIN 85-A-139 GARY L & ' STEPHEN P. SCO THORN c ZONE.- RA ti USE.- AGRI. z c� NO TE.- SEE SHEET 3 do 4 FOR LINE DATA AND CURVE DATA. SEE SHEET 35 FOR NOTES, AREA TABULATION, AND LEGEND. o� o_ v; 0 U Cha PIN 85—A-141 FREDERICK— WINCHESTER SERVICE AUTHORITY I ZONE- RA 30' SANITARY I I SEWER ESMT' J— O N 03'20'45" W { 0 328.19' i 5 03'20=45 E 78293' yam. I- 1 OPEN SPACE A I N 02.53'17" W 17.5317 AC. I 75.12' 0I o - rn �I W 100 0 100 GRAPHIC SCALE (IN FEET) I� I z1 A 1 W N _ 2 ti} l h h1C. 538 I-1 % s8 N 00'1348' E 269.38' REMAI T.M. 85 51.9 1 N m Iw 30' SANITARY SEWER ESMT ' 1" N 19'38 51 LINE TO SHEET 34 OF 35 FINAL SUBDIVISION PLAT SOUTHERN HILLS SUBDIVISION PHASE / OPFOUON MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: 1" = 150' DATE: NOVEMBER 4, 2005 GREENWAY ENGINEERING 151 Windy Hill Lane Lnbineers Winchester, Virginia 22602 Surveyors Telephone.- (540) 662-4185 FAX (540) 722-9528 Tot-ded is 1971 www.greenwuyerig.com 'DER OF -A-138 269 AC. "W 35.49' 20' SANITARY SEWER ESMT 05'41'10" W .68' 6'2159" E 07' F � TH O� U �SON,_ BL Y 9 No_ 2619 I¢� I° � s1)1zv�o� 3126 SHEET 33 OF 3 MATCH LINE TO SHEET 33 OF 35 S 10'0159' E PIN 85-A-141 FREDERICK - WINCHESTER SERVICE AUTHORITY ZONE RA (3233) OPEN SPACEIA 17.5317 AC. I, f Ln z 2 N Oh O o = � Ln I: ; o I• f: "�`` N 41-23'14' E N 06'21'59' E 548.07' o2 �ry REMAINDER OF o T.M. 85-A-138 o 51.9269 AC. o W= �' 20 6 &4NITARY SEWER ESMT POST 9 POST ° 5 N 15'35 03" W PUMP 68.45' \ STATION LOT 3900 S0. FT. (TO BE CONVEYED + TO FCSA) 916. 1 5 NOTE SEE SHEET 3 & 4 FOR LINE DATA AND CURVE DATA. SEE SHEET 35 FOR NOTES, AREA TABULATION, AND LEGEND. 100 0 100 GRAPHIC SCALE (IN FEET) 1621 PUMP STATION DETAI! (FROM SHEET 32) 1 "=50' - / E64 051 N 38"19'16" E s `A0 ' F 16.15' Ess 610 OPEN $' bh. SPACE A FINAL SUBDIVISION PLAT SOUTHERN HILLS SUBDIVISION PHASE / OPEOUON MAGISTERIAL DISTRICT. FREDERICK COUNTY, VIRGINIA SCALE: 1" = 150' DATE NOVEMBER 4, 2005 GREENWAY ENGINEERING 151 Windy Hill Lane F.ngineerr Winchester, rrgfnia 22602 Surveyors Telephone.- (540) 662-4185 u FAX:(540) 722-9528 Founded in 1971 www.greenwayeng.com �TH OF t� ON G. BLY No- 2619 3126 SHEET 34 OF 35 17.5317 AC. ?16'07,-) ° -- E72 REMAINDER OF TAX PARCEL EE to ry 85-A-138 51.9269 ACRES FINAL SUBDIVISION PLAT SOUTHERN HILLS SUBDIVISION PHASE / OPEOUON MAGISTERIAL DISTRICT. FREDERICK COUNTY, VIRGINIA SCALE: 1" = 150' DATE NOVEMBER 4, 2005 GREENWAY ENGINEERING 151 Windy Hill Lane F.ngineerr Winchester, rrgfnia 22602 Surveyors Telephone.- (540) 662-4185 u FAX:(540) 722-9528 Founded in 1971 www.greenwayeng.com �TH OF t� ON G. BLY No- 2619 3126 SHEET 34 OF 35 NOTES 1. THE BOUNDARY INFORMATION SHOWN HEREON IS BASED ON A CURRENT FIELD SURVEY BY THIS FIRM_ 2. NO TITLE REPORT FURNISHED. EASEMENTS MAY EXIST WHICH ARE NOT SHOWN. J. THIS PROPERTY UES WITHIN ZONE C" AN AREA OF MINIMAL FLOODING, AND ZONE A" AN AREA OF 100 YEAR FLOOD, PER FIRM COMAJUINITY PANEL 1510063 02008, DATED JULY 17, 1978. 4. ALL CORNERS TO BE SET WITH 1/2" IRON REBAR WITH CAP, UNLESS OTHERWISE NOTED. 5. SETBACKS UNLESS OTHERWISE NOTED ARE FRONT = 35' SIDE = 10' REAR = 25' 6. AGRICULTURAL USES EXIST ON THE SOUTH AND EAST, THE EWING FAMILY CEMETARY EXISTS WITHIN THE RESIDUE PARCEL (FUTURE DEVELOPMENT) AND WASTEWATER TREATMENT FACILITIES EXIST OR PREVIOUSLY EXISTED TO THE NORTH OF THIS STTE. 7. A 75' VEGATA77VE BUFFER IS PROVIDED ALONG THE RITENOUR FARM ON THE REAR OF LOTS 12 THROUGH 26 AND A PORTION OF OPEN SPACE A PER SITE PROFFERS THIS EASEMENT IS FOR THE RESTRIC77ON OF CONSTRUC77ON OF HOMES AS WELL AS LIMITING THE CLEAR CUTTING OF TREES LARGER THAN 4" IN DIAMETER. r' N� STORM SEWER/ BRL = BUILDING RESTRICTION UNE DRAINAGE EASEMENT • = POINT HEREBY DEDICATED O = IRON REBAR SET W/L = WATERLINE SANITARY SEWER EASEMENT CIL = CENTERLINE HEREBY DEDICATED AREA TABULATION LOTS = 30.4738 ACRES FCSA PUMP STATION LOT = 0.0895 ACRES OPEN SPACE A = 17 5317 ACRES OPEN SPACE B = O -J472 ACRES RIGHT OF WAY = 5.1772 ACRES TOTAL OF PHASE 1 = 53.6134 ACRES PARENT TRACT (ORIGINAL) = 105.5403 ACRES TOTAL OF PHASE 1 = —53.6134 ACRES RESIDUE OF PARENT TRACT = 51.9269 ACRES FINAL SUBDIVISION PLAT SOUTHERN HILLS SUBDIVISION PHASE / OPEOUON MAGISTERIAL DISTRICT. FREDERICK COUNTY, VIRGINIA SCALE: DATE: NOVEMBER 4 2005 GREENWAY ENGINEERING 151 Windy flit/ Lane Engineers Winchester, Virginia 22602 .Surveyors Telephone: (540) 662-4185 FAX (540) 722-9528 Founded in 1971 www.greenwayeng.com ®W47ERLINE EASEMENT HEREBY DEDICATED ,TH OF L � tp ( JASON G. BL \" No. 2619 IoS �4�. SUriv�^�.�+' 3126 SHEET 35 OF 3 i R GIN N FREDERICK COUNTY_ SCT. instrtut.ent of writing was produced to the on at 3= 0 2 e - z;+ wi h cern este of Acna viedge:ment thereto annexeo emitted to record. T imposed by Sec. 58.1-802 of wt� and 58.1-901 have been paid, if asses,,, t 1-14 f" �,eL f' gip% f �� • t �ICYI[ COMMONWEALTH OF VIRGINIA ti r oc-,a (i so) William H. Gordon Associates, Inc. Description of a portion of the property of Arcadia Development Co. being Tax Map 85A, Parcel 138 and Phase I Southern Hills Subdivision Opequon Magisterial District Frederick County, Virginia 24 West Piccadilly Street Suite A Winchester, Virginia 22601 540-542-1737 (fax) 540-542-1923 Beginning at an iron re -bar on the southeasterly right of way line of Town Run Lane (Route 1012) marking the most westerly corner of the property now or formerly of Mary Virginia Stickley Estep; thence departing said southeasterly right of way line of Town Run Lane with the southwesterly line of said Mary Virginia Stickley Estep and continuing with the southwesterly line of the property of the Town of Stephens City, Virginia S 570 27' 06" E, 1,070.97 feet to a post on the northwesterly line of the property of Frederick Winchester Service Authority marking the southwesterly corner of said Town of Stephens City, Virgina; thence with said northwesterly and westerly lines of said Frederick Winchester Service Authority S 35' 39'41" W, 129.60 feet to a post and S 12' 28'43" W, 138.09 feet to a point in Stephens Run; thence with said Stephens Run and said westerly line of Frederick Winchester Service Authority S 23' 37'49" W, 210.50 feet to a point; thence continuing with said Stephens Run, said westerly line of Frederick Winchester Service Authority and continuing with the westerly line of the property now or formerly Gary L. Scothorn, et al. the following eleven (11) courses: S 10° 01' 59" E, 503.02 feet to a point; S 06° 33' 00" E, 357.62 feet to a point; S 08° 57' 24" E, 147.49 feet to a point; Engineers • Surveyors • Land Planners • Landscape Architects Description of a portion of the property of Arcadia Development Co. being Tax Map 85A, Parcel 138 and Phase I Southern Hills Subdivision Opequon Magisterial District Frederick County, Virginia Page 2 S 220 37' 41" W, 73.11 feet to a point; S 07° 38' 56" E, 132.87 feet to a point; S 11 ° 07' 03" E, 280.73 feet to a point; S 030 29'29" E, 126.18 feet to a point; S 01 ° 06' 38" W, 73.70 feet to a point; S 070 01'45" E, 136.51 feet to a point and S 100 15' 30" E, 147.36 feet to a re -bar on the northerly line of the property now or formerly of Ritenour Farm, L. P. marking the southwesterly corner of said Gary L. Scothorn, et al.; thence with said northerly line of Ritenour Farm, L. P. N 890 07'28" W, 850.37 feet to a point and N 890 50'30" W, 581.24 feet to a post; thence with the northwesterly line of said Ritenour Farm, L. P. and continuing with the properties now or formerly of William L. Ramey and the property now or formerly of Henry F. Kent N 58° 56' 39" W, 1,133.87 feet to a point on the aforementioned southwesterly right of way line of Town Run Lane, said point being S 58° 56' 39" E, 5.01 feet from the northwesterly corner of said property of Henry F. Kent; thence with said southeasterly right of way line of Town Run Lane the following five (5) courses: N 27° 32'43" E, 1,579.53 feet to a point; N 28° 49' 10" E, 801.41 feet to a point,- Engineers oint; Engineers • Surveyors • Land Planners • Landscape Architects Description of a portion of the property of Arcadia Development Co. being Tax Map 85A, Parcel 138 and Phase I Southern Hills Subdivision Opequon Magisterial District Frederick County, Virginia Page 3 N 290 00' 04" E, 163.97 feet to a point; S 61 ° 10' 17" E, 15.00 feet to a concrete monument and N 280 57' 03" E, 139.28 feet to the point of beginning. Containing 4,597,425 square feet or 105.54236 acres of land. Engineers • Surveyors • Land Planners • Landscape Architects Pr,ntedOR071Z54"SByAPPLE CGU. . ABSTRAC70RS 02 011149 - THIS DEED, made end dated this _L(,? 7?4 day of Oct, 2002, by and between SOUTHERN HELLS, L,C., a Virginia limited liability company, hereinafter called tae Grantor, and ARCADIA DEVELOPMENT CO., a California corporation, hereinafter called the Grantee. WITNESSETH- That for and in consideration of the sum of Ten Dollars and other good and valuable consideration, the receipt of which [s hereby acknowledged, the Grantor does hereby grant and convey, with General Warranty and English covenants of title except as set forth below, unto the Grantee, in tee simple, all the following real estare together with the improvements thereon and the appurtenances thereunto belonging: All that certain pastel of land in OOpecluon Magisterial District, Frederick County, virginia, lying about one mile south of Stephens City, containing 107.069 acres, more or less, ask shown on boundary survey by Douglas C :.egge, LS dated February 8, 2001, a copy of which is artached to the deed recorded as Instrument No. OI0012065. This is the same property conveyed -o the Grantor herein by deed from William Henry Herren dated Scplc nbcr 6, 2001, of record in the Clerk's Office of the C_rcwt Court of Frederick County, Virginia Instrument No. 0 100120465 Reference is hereby made to the aforesaid instruments and the references therein contained for a more particular description of _he pmpery hereby conveyed. TTtis conveyance is made subject [o lit e.isemer.ts, rghts of way and restrictions of record affecting the sub)cci properly WITNESS the following signatures i.d seals on behalf of Southern Hills, L.C. C C-1 C:1 rV i ✓d AfL'7L 4y!; p', 'Js: -� 90 P-1 PMVcd Oa071252005 By APPLE COUn , ABSTRACTORS I G W (SEAL) r (SEAL) R id V- Stuckle. Member I � STATE OF VIRGINIA, CITY OF WINCHESTER, to -wit: Acknowledged before me this /(v 4 day of Octobcr, 2002, by David B. Holliday and Ronald V. Shickle, members o f Sowhem Fills, L.0-, on behalf of the company.. t My commission cxpires: �'�s cl rO4J i C?. too . Public trl2GINIA FRFD-:.iCK C0IIt4 n. SC "T'.ics is>�ruTenl of vrc:av w� F'x'�oe•t �� me �n lr2 ,{twi!1-. rr:._,,•7f-•cl.:.rrcny:_'.r. �h�rc t,,exc, .1> a[itTL•1 ^d ro t. „art i e , ..•f .: x: SSS -SJZ OL S� 700 03 aoC 56 i-PiWll hale , ,SA 4S5"at;t= 3•.� 7z 119 i7S �g5uez�eN p,dV dc -,L .0 90 S_ ."-. OGOf X33 THIS DEED OF DEDICATION, SUHDIVISION AND EASEMENT is made this li0-day of� , 2006. by and between ARCADIA DEVELOPMENT CO., a California corporation (hereinafter refuted to as the "Owner"); SOUTHERN HILLS HOMEOWNERS ASSOCIATION, INC., a Virginia non -stock corporation (hereinafter referred to as the "Association")-, the BOARD OF SUPERVISORS OF FREDERICK COUNTY, VIRGINIA, a body corporate and politic (hereinafter referred to as the "County"); and the FREDERICK COUNTY SANITATION AUTHORITY, a body corporate and politic (hereinafter referred to as the "Authority"). W ITNFSSFTII WHEREAS, the Owner is the owner and proprietor of certain real property (the "Property") as shown on Plat of Jason G Bly, L S , dated November 4, 2005, entitled "Final Subdivision Plat, Southern Hills SubdiVtslon, Phase I" and prepared by Greenway Engineering of Winchester, Virginia, certified land surveyors (the "Plat") which Cecc_crWlDiltd(ilsc WHEREAS, there are no monetary liens on the Property; and WHEREAS, the Property is situate to the Opeyuon Magisterial District, Frederick County, Virginia; Owner having acquired the Property by deed recorded as Instrument No. 020017748 among the land records of Frederick County, Virginia; and WHEREAS, it is the desire and intent of (h� ncr to subdivide the Property into lots and parcels and a Residue, and to dedicai , grant and convey to the County, its successors and assigns, for public use. the streets and thoroughfares in accordance with 0 rn C:) CD this Deed of Dedication, Subdivision and Easement and the Plat and as hereinafter provided; and WHEREAS, it is the desire and intent of Owner to grant and convey unto the Association the land identified as open space in the location shown on the Plat and as hereinafter provided; and WHEREAS, it is the desire and intent of Owner to grant and convey unto the County and the Authority the easements in the locations as shown on the Plat and as hereinafter provided; and WHEREAS, it is the desire and intent of Owner to grant and convey unto the Authority the land identified as the pump station lot in the location as shown on the Plat and as hereinafter provided. NOW THEREFORE, in consideration of the premises and the sum of One Dollar (S1.00), cash in hand paid, receipt of which is hereby acknowledged, Owner does hereby subdivide the Property containing 105.5403 acres, more or less, into lots and parcels, to be known as Open Space "A" and Open Space -B-, inclusive; and Lots t through 95, inclusive, Phase I, Southern Hills Subdivision, and a Residue of 51.9269 acres in accordance with the Plat which is expressly incorporated herein and made a part of this Deed of Dedication, Subdivision and Easement. THIS HEED FURTHER WiTNESSETH, that, in consideration of the premises and the sum of One Dollar (SI -00), cash to hand paid, receipt of which is hereby acknowledged, Owner does hereby grant, dedicate_ and convey to the County, in fee C) simple, the 5.1772 acres forpublic street purposes as shown on the Plat. This dedication is made in accordance with the statutes made and pro%ided therefor. THIS DEED FURTHER WITNESSETH that in consideration of the premises and the stun of One Dollar ($1.00), cash in hand paid, receipt of which is hereby acknowledged, Owner does hereby grant, dedicate and convey unto the Association, in fee simple, Open Space "A" (containing 1 7.5 ;1 7 acres), and Open Space "B" (containing 0.3412 acres), which Parcels collectively total 17 8729 acres, as shown on the Plat. THIS DEED FURTHER WITNESSETH that in consideration ofthe premises and the sum of One Dollar ($1.00), cash in hand paid. receipt of which is hereby acknowledged, Owner does hereby grant, dedicate and convey unto the Authority, in fee simple, the 0.0895 acres for the pump station as shoo n on the Plat. THIS DEED FURTHER WITNFSSE'rf-1 thai in consideration of the premises and the sum of one Dollar (11.00), cash in hand paid, receipt of which is hereby acknowledged, Owner does hereby grant and cow ev unto the County, its successors and assigns, the easements as hereafter set forth in the respective locations shown on the Plat and incorporated herein by reference as (oliows. SANITAR'Y SEWER EASE HENT Easement for the purpose of instalhno, con,truct,ng, operating,maintaining, repairing replacing, adding to, or altering present or luture sanitary sewer lines, including manholes, building connection lines and other appurtcrnant facilities for the collection of O v N sanitary sewage and its transmission through and across the Property as shown on the Plat. The above-described sanitary sever easem(:ni is subject to the following conditions: 1. All sewer lines and appurtenant facilities which are installed in the easement shall be and remain the property of the County, its successors and assigns. 2. The County and its agents shall haeme lull and free use of said easement for the purposes named, and shall have all nghts and pn- ileges reasonably necessary to the exercise of the rights granted in the easement including the tight to access to and from the easement and the right to use adjoining land where necessary; provided, however, that this right to use adjoining land shall be exercised only during periods of actual construction or maintenance, and [lien only to the minimum extent necessary for such construction and maintenance, and further, this riKhi shall not be construed to allow the County to erect any building or structure of a pernianent nature on such adjoining land. 3. The County shall have the nght to trim, cut and remove trees, shrubbery, fences, structures, or other obstructions or facilities in or near the easement being conveyed, deemed by it to interfere with the proper and efficient installation, construction, operation, and maintenance of said se�kcr lines and appurtenant facilities; provided, however, that the County a[ its own expense shall restore as nearly as possible to their original condition all land or premises v hic h :ire disturbed in any mariner by the construction, operation, and maintenance of -said ,cv+ur lines and appurtenant facilities. O �J C) Such restoration shall include the backfilling of trenches, the replacement of fences and shrubbery, the reseeding or resodding of lawns or pasture areas within and outside the easement, and the replacement of structures and other facilities located outside the easement, but shall not include the replacement of structures, trees and other facilities located within the easement. 4. Owner reserves the right to make use of the casement herein granted which may not he inconsistent with the rights herein com eved, or interfere with the use of said easement by the County for the purposes named, provided, however, the Owner shall comply with all applicable County ordinances and regulations prior to erecting any building, roadway, other structure, or fence on the easement. This easement shall be perpetual and shall run with the land. This easement shall be binding upon the Owner, its successors and/or assigns and shall inure to the benefit of the County, its successors and assigns_ This Deed further witnesseth that for and in consideration of the premises and the sum of One Dollar ($1-00), cash in hand paid, receipt of which is hereby acknowledged, the Owner grants and conveys, in fee simple, to the County all appurtenances and facilities located within the above-descnbed sanitary sewer easement DRAINAGE FASLk1F:NT Easement for the purpose of instalhng, constntcttng, operating, maintaining, repairing, replacing, adding to, or altering present or future storm drainage ditches, lines, or other drainage structures or facilities, plus neccssary inlet structures, manholes, and CD appurtenances for the collection of stom waters and its transmission through, across and upon the Property, said easements being more particularly bounded and described on the Plat. The above-described drainage easement is subject to the following conditions: 1. All drainage lines and appurtenant facilities which are installed in the easement shall be and remain the property of the County, its successors and assigns_ 2. The County and its agents shalt have lull and free use of said easement for the purposes named, and shall have all rights and pnvileges reasonably necessary to the exercise of the rights granted in the easement, including the right of access to and from the easement and the right to use adjoining land where necessary; provided, however, that this right to use adjoining land shall be exercised only during periods of actual construction or maintenance, and then only to the minimum extent necessary for such construction and maintenance, and further, this right shall not be construed to allow the County to erect any building or structure of a permanent nature on such adjoining land. 3. The County shall have the right to tnni, cut and remove trees, shrubbery, fences, structures, or other obstructions or facihties in or near the easement being conveyed, deemed by it to interfere with the proper and efficient construction, operation, and maintenance of said storm drainage lines, storm drainage facilities, and appurtenant facilities, provided, however, that the County at its o1;n expense shall restore as nearly as possible, to their original condition, all land or premises which are disturbed in any manner by the installation, construction, operation. and maintenance of said storm drainage lines, storm drainage facilities, and appurtenant facilities. Such restoration shall include the backfilling of trenches, the replacement of fences and shrubbery, the reseeding or resodding of lawns or pasture areas within and outside the easement, and the replacement of structures and other facilities located outside the easement, but shall not include the replacement of structures, trees, or nther facilities located within the easement. 4. Owner reserves the right to make use of the easement herein granted which may not be inconsistent with the rights herein conveyed. or interfere with the use of said easement by the County for the purposes named, provided, however, the Owner shall comply with all applicable County ordinances and regulations, prior to placing any building, roadway, other structure, or fence on the easement. This easement shall be perpetual and shall run with the land. This easement shall be binding upon the Owner, its successors and/or assigns and shall inure to the benefit of the County, its successors and assigns. This Deed further witnesseth that for and in consideration ofthe premises and the sum of One Dollar ($1.00), cash in hand pari, receipt of which is hereby acknowledged, the Owner grants and conveys, in fee simple, to the County all appurtenances and facilities located within the above-described drainage easement. WATERIANI: FASF..%9F!VT Easement for the purpose orinstalling, constnrcnng, operating, maintaining, repairing, replacing, adding to, or altering present or future water mains, including fire O hydrants, valves, meters, building service connections. and other appurtenant facilities for the transmission and distribution of water through and across the Property, said easement being more particularly bounded and described on the Flat. The above-described waterline easement is subject to the following conditions.- 1. onditions:1. All water mains, waterlines, and appurtenant facilities which are installed in the easement shall be and remain the property of the County, its successors and assigns. 2. The County and its agents shall have full and Free use of said easement for the purposes named, and shall have all rights and pnvileges reasonably necessary to the exercise of the rights granted in the easement, including the right of access to and from the easement and the right to use adjoining land where necessary; provided, however, that this right to use adjoining land shall be exercised only during periods of actual construction or maintenance, and then only to the minimum extent necessary for such construction or maintenance, and further, this right shall not be construed to allow the County to erect any building or structure of a permanent nature on such adjoining land. 3. The County shall have the right to trnrn. cut, and remove trees, shrubbery, fences, structures, or other obstructions or facilities in or near the easement being conveyed, deemed by it to interfere with the proper and efficient construction, operation, and maintenance of said water mains, waterltnes, and appurtenant facilities; provided, however, that the County as its own expense shall restore as nearly as possible, to their original condition, all land or premises included vt ithin or adjoining said easements which are disturbed in any manner by the construc lion. operation, and maintenance of said watermains, waterlines and appurtenant factlincr . Such restoration shall include the backfilling of trenches, the replacement of fences and shrubbery, the reseeding or resodding or lawns or pasture areas, and the replacement of structures, and other facilities located outside the easements, but shall not include the replacement of structures, trees, and other facilities located within the easements 4, Owner reserves the right to construct and maintain roadways over said easements and to make use of the easements herein gn-anted which may not be inconsistent with the rights herein conveyed or interfere with the use of said easements by the County for the purposes named; provided however, that Owner shall comply with all applicable County ordinances and regulations prior to erecting any building, roadway, or other structure, except a Fence, on the casements This easement shall be perpetual and shall run with the land. This easement shall be binding upon the Owner, its successors and assigns and shall inure to the beneFit of the County, its successors and assigns_ This Deed further witnesseth that for and In consideration of the premises and the sum of One Dollar ($1.00), cash in hand paid, receipt o! which is hereby acknowledged, the Owner grants and conveys, in fee simple, to the County all appurtenances and facilities located within the above-descrihed waterline easement - TEMPORARY('[ asement. TEMPORARY('[ I -DF -SAC EASEMENT A temporary cul-de-sac casement during the period of construction and during any suhsequent period in which maintenance, repairs, or construction thereof may be C:) _, Co necessary, to become null and void at such time as the purposes for which the easement was created no longer exist, as more particularly hounded and described on the Plat. This easement shall be perpetual and shall run %%ith the land. This easement shall be binding upon the Owncr. its successors and/or assigns and shall inure to the benefit of the County, its successors anti assigns. This Deed further witnesseth that for and in consideration of the premises and the sum of One Dollar ($1.00), cash in hand paid, receipt of which is hereby acknowledged, the Owner grants and conveys, in fee simple, to the County all appurtenances and facilities located within the above-described temporary cul-de-sac easement. VEGETATIVE QUFFFR EASEMENT THIS DEED FURTHER WITNESSETH that ;n consideration of the sum of One Dollar ($1.00), cash in and paid, receipt of which is hereby acknowledged, the Owner does hereby grant and convey unto the County, its successors and assigns and the Association, its successors and assigns, a vegetaltve buffer easement in the area shown on the PIat. Within this easement no trees, or other lohagc providing canopy coverage pursuant to any duly adopted County ordinance shall be denuded, defaced, or disturbed in any manner, nor shall this easement Brea be improved ., ith any building or structure, except for required utility and storm water management installations. Further, this easement area shall not be subject to vehicular access ether than maintenance vehicles, without the prior wntten approval of'the County likith the County and the Association shall have the right to inspect and maintain anti- arr,i �lhtch lies within this easement, and CD to remove any improvements or other items which are constructed or located within this easement in contravention of the terms stated herein I he association shall be responsible for maintenance of this easement. The maintenance of this easement shall not be the responsibility of the County or the (commonwealth This easement shall be perpetual and shall nun with the land. This easement shall be binding upon the O,,ti ner, its successors and/or assigns and shall inure to the benefit of the County, its successors and assigns. This Deed further witnesseth that for and in consideration of the premises and the sum of One Dollar ($I.00), cash in hand paid, receipt of which is hereby acknowledged, the Owner grants and conveys, in fee simple, to the County all appurtenances and facilities located within the above-described vcgetaln e buffer easement. THIS DEED FURTHER WITNESSETH that to consideration of the premises and the sum of one Dollar ($1.00), cash in hand paid, receipt of which is hereby acknowledged, Owner does hereby grant and convey unto the Authority, its successors and assigns, the easements as hereafter set forth in the respective locations shown on the Plat and incorporated herein by reference as follo�ks INGRESS-FGRFSS I.AS'f-MENT THIS DEED FURTHER WITNESSEI If that ,n consideration of the sum of One Dollar ($1.00), casts in hand paid, receipt of which is hereby acknowledged, the Owner does hereby create and establish an casement for ingress and egress over and across the C:) co Property for the benefit of the Authority as more particularly bounded and described on the Plat. This easement shall be perpetual and shall run with the land. This easement shall be binding upon the Owncr, its successors and/or assigns and shall inure to the benefit of the Authonty, its successors and assigns. This Deed further witnesseth that for and in consideration of the premises and the sum of One Dollar ($1.00), cash in hand paid, receipt of which is hereby acknowledged, the Owner grants and conveys, in fee simple, to the Authority all appurtenances and facilities located within the above-described ingress -egress easement. This Deed of Dedication, Subdivision and Easement is made in accordance with the statutes made and provided in such cases including Section 15.2-2240 et seq. and Section 15.2-2264 et seq. of the Code of Virginia 1050, as amended; with the approval of the proper authorities of the County of Frederick. Virginia, as shown by the signatures affixed to the Plat, and is with the free consent and in accordance with the desire of Owner, the owner and proprietor of the land embraced within the bounds of said subdivision_ IN WITNESS WHEREOF, the Owner has executed this Deed of Dedication, Subdivision and Easement. FURTHER WITNESS the followinu sivnatures and seals: C ARCADIA DFVELOPMENT CO. By Name�t►t��uV --- Title v► e- 1;A Cc STATE OF CALIFORNIA COUNTY OF 6ajL4,L ( I(Lf (` , to w I t I, the undersigned_ Notary P blic, to and for the jurisdi tion aforesaid, do hereby certif that l t 1. Z �i(1�'i(t iL� _ as y __.� �� ► _ of ARCADIA DEVELOPMENT CO., whose name is signed to the foregoing Deed, appeared before me and personally acknowledged the same in myjunsdlction aforesaid. GIVEN under my hand and seal this 11 day of 2006. My Commission Expires: ;t�► I� ('� Notary Public �n rA -r' �z �tut NDkwy�x bort Cto C0100v t Mir Comm. E► dor 2J, 2C! t �u:.attin[ i�l i�ritin�� rl:rs!7;ltitluii�f tr�rrtcun . �-•,!!!i�atr;��lu,,��l�lh_r,n.nt lll.rC!,�;;r,ni���l =1r��e Add. -t SS' �0l�xr� 1150 tic VP 2043 :1 060017657 N N m J THIS DEED, made this 8th day of July, 2006, by arid between ARC DIA ti DEVELOPMENT• CO. a California corporation. GRANTOR, party of the fust past; and ARCADIA-SOLtTHFRNJULIS. (.-1 C , a Virginia timhtd lability company, GGRANTEE, party of the second part. cm a n c WITNESETH: That for and in consideration of the premises and the sum of -Ten Dollars (SIO -00) cash in band paid, and other good and valuable consideration, the receipt ro r of which is hereby acknowledged by the party of the first part, the said Arcadia y Development Co., a Califortua corporation, party of the first part, does hereby bargain, sell, grant, and convey with Special Warranty of title and in fee simple unto the said Arcadia Southern Hills, L L.C- a Virginia limited liability company, party _ of the second part, all those ccnain lots or parccis of land, together witb improvements thereon and appurtenaoccs thereunto appertaining, situate, lying and c; ? being in Frederick County, Virginia, and being more particularly described on J cL All those certain lotsor parcels of land. together with improvements thereon and appurtenances thereunto appertaining, situate, lying and being in dt�QF� Frederick County, Virginia, and being more particularly described as follows: - DQtatta.•n�;si�: moi- ,,/ 4�\u S,v�fl ' Lots I through 4, inclusive, and Lots 73 through 88!1111ASE 1, SOUTHERN HILLS SUBMISION, as the same appears duly dedicated, platted and recorded as Instrument no 060011598, among the land records of Frederick County, Virginia. � x < AND BEING a portion of the same property as conveyed to Arcadia Development Co.. r by deed recorded as instrument no. 0200P748, among the aforesaid land records. h J I� -cis This conveyance is made subject to all casements, restrictions, covenants, conditions, and rights-of-way contained to the documents forming the chain of title to the property hereinabove describtA- IN WITNESS WHEREOF, Grantor has caused this deed to be executed ou its behalf by the uadcrsigned officer of the company pursuant to authority heretofore duly given- ARCADIA DEVELOPMENT CO. a California corporation By Eli Reinhard. Pr ' ent STATE OF CALIFORMA MUNTY OF SANTA CLARA. to -wit: The foregoing document six b' day of S booty , +9491, was acknowledged before me this L Clay uf} w �- on behalf of Arcadia Development Co., a California corporation, by My Commission Expires: Nov. S(1 Zoog Vll:GtN!a,rutF RICK000N-1Y.SCI. This Ictttum of of wrfl;n 117s p;odusd to ure o't ����^� ::I _ • � � std bJ' of h;n,- bQcn prlu.I[ asp s n Notary Public 4 /t--\ tpwrnYYrrn 116t PD1I MobY At+Ic • CcSlonb 1taAc C7oo Coutty ViewDetail Page 1 of 1 Real Estate Public Inquiry 1 icket Detail 2006 REAL ESTATE TAXES Department# : RE2006 Ticket #: 9790002 FRQ: 2 Sup#: 0 Name: ARCADIA DEVELOPMENT CO Account#: 25340 Name 2: Map#: 85 A 138 Address: Description: 51.92 ACRES PO BOX 5368 SAN JOSE, CA 95150 Bill Date: 12/05/2006 Due Data- 12/05/2006 Land: $2,731,300 Improve: $234,400 Use: Original Bill: $7,784.96 Payments: $7,784.96- Acres: 107.7 Penalty Paid: Int Paid: Discount: Amount Owed: Other: Last Date: 11/29/2006 Total Owed: Penalty: Interest: Note that if payment has been received within the last 10 business days. any returned items may not time. Please check the website again. be posted at this Date Type Transaction # Amount Balance 12/5/2006 Charge 0 $7,784.96 $7,784.96 11/29/2006 Payment 16391 ($7,784.96) $0.00 1 the print key for your browser to print a copy of taxes paid for this year. https:Hwww.co.frederick.va.us/applicationsIREPublicinqutry/ViewDetall.aspx . 12/20/2006 ViewDetail Real Estate Public Inquiry Ticket Detail 2006 REAL ESTATE TAXES Department# : RE2006 Ticket #: 9790001 FRQ: 1 Sup#: 0 Name: ARCADIA DEVELOPMENT CO Account#: 25340 Name 2: Map#: 85 A 138 Address: Description: 107.07 ACRES PO BOX 5368 SAN JOSE, CA 95150 Bill Date: 06/05/2006 Due Date: 06/05/2006 Page I of 1 Land: $2,731,300 Improve: $234,400 Use: Original Bill: $7,784.97 Payments: $7,784.97- Acres: 107.7 Penalty Paid: Int Paid: Discount: Amount Owed: Other: Last Date: 06/01/2006 Total Owed: Penalty: Interest: N6te fiat if payment has been received within the last 10 business days, any returned items may not be posted at this time. I'lease check tile website main. Dire Type Transaction # Amount Balance 6/5/2006 Charge 0 $7 784.97 $7,784.97 6/1/2006 Payment 1448 ($7,784.97) 1 Use the print key for your browser to print a copy of taxes paid for this year. II New Search] (Previous https://www.co.fredcrick.va.us/applications/REPubIlcInquiry/ViewDetall.aspx 10/3/2006 Adjoining Property Owners Rezoning Owners of property adjoiningthe 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 Conunissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County Administrative Building, 107 North Kent Street. Name and Property rdentscation Number Address Name MYERS,.JOYCE E.it Town Run Lane Prp e # 85-A-137 hens City, VA 22655 Name RAMEY; WILLIAM L.eace and Plenty Lane Pro # 85 -A -137E ens City, VA 22655 Name RAMEY, WILLIAM L.eace and Plenty Lane Pro # 85 -A -137D ens City, ;VA 22655 Name RITENOUR FARM L.P.ry Ritenour Pro # 85-A-131 ace and Plenty Lane Name SCOTHORN, Gary, Stephen, ings Lane Pro # 85-A-139 Stephens City, VA 22655 Name FREDERICK -COUNTY - WINCHESTER SERVICE AUTHORITY PO Box 433 85-A-141 Winchester, VA 22604 # rNarne TOWN OF STEPHENS CITY PO Sox 250 Stephens City, VA'22655 # 85 -A -I42 ESTEP, Mary Virginia Stickley c/o Robert M Bushong, POA 14502 Saint;Stephens Place p,,peyty # 85 -A -142A Midlothian, VA 23113 Name ESTEP, Mary Virginia Stickley c/o Robert M Bushong, POA 14502 Saint Stephens Place Property # 85-A-59 Midlothian, VA 23113 Name RAMEY, William & Elizabeth 824 Peace and Plenty Lane Stephens City, VA 22655 Pro e # 85-A-60 15 PROFFER STATEMENT Southern Hilk Suh(iirlsion Rezoning: Rezoning Application No. _ Rezoning of 105.54 acres from Residential Performance (RP) to Residential Performance (RP) (90 acres) and B2 Commercial ( 15.54 acres). Property: See Attachment A for Property Identification Nos. (Opequon Magisterial District) Record Owner: Arcadia Development Co.: Arcadia -Southern Hills, L.L.C.; Southern Hills Homeowners Association. Inc. Applicant: Arcadia Development Co. Project Name: Southern Hills Original Date of Proffers: June b, 2001 Revision Date: December 20, 2006 Preliminary Matters Pursuant to Section 15.2-2296 et. seq. of the 1950 Code of Virginia, as amended, and the applicable provisions of the Frederick County Zoning Ordinance with respect to conditional rezoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia shall approve Rezoning Application No. for the rezoning of 105.54 acres from Residential Performance (RP) to Residential Performance (RP) [90 acres] and B2 Commercial [ 15.54 acres] with revised proffers, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with Virginia law. In the event that such rezoning is not granted, then these proftcrs shall be deemed withdrawn and of no effect whatsoever and all proffers currently in eflect on the subject property as of the date this document was executed by the applicant shall continue in full force and effect. These proffers shall be binding on the applicant and its legal successors and assigns. Monetary Contribution to Offset Impact of Development The undersigned, who owns the above-described property, hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the approximately 105 acres, with frontage along Town Run Lane in the Opequon Magisterial District of Frederick County. Virginia from Residential Performance (RP) to Residential Performance (RP) f 9 acres] and B2 Commercial [15.54 acres], the undersigned will pay to Frederick County at the time a building permit is applied for and issued the sum of $4,910.00 per residential lot. This monetary proffer provides for $3,581.00 for Frederick County Schools; $598.00 for Frederick County Parks and Recreation, $446.00 for Frederick County Fire and Rescue; $105.00 for Public Library; 559.00 for Sheriff -s Ot7ice and $121.00 for Administration Building. General Development Plan Should the Board of Supervisors of Frederick County, Virginia approve Rezoning Application No. , then in such event development of the subject property shall be done in conformity with the attached voluntarily -proffered revised Generalized Development Plan including the following improvements: On the 90 acres to be zoned RP no more than 88 single-family detached urban residence units and no more than 232 tov shouse units shall be constructed. The balance of the property zoned B2 commercial shall be developed in accordance with the uses specified in the B2 commercial zoning district. The development of the public street network shall be in general conformance with the revised Generalized Development Plan dated October, 2006. 2. Stickley Drive (SR 1085) shall be extended as shown to connect with Town Run Lane (SR 1012) during the first phase ofdevelopment (A to B). 3. Town Run Lane (SR 10 12) shall be overlayed with a bituminous concrete surface from B to C. Guard rail shall be installed right and left along Town Run Lane "fill" areas greater than 7' vertical. The improvements are to be further described by a VDOT Permit to be issued at the time of work. This work shall be done prior to the issuance of the 50`x' building permit. 4. Town Run Lane (SR 10 12) shall be overlaved with a bituminous concrete surface from C to D during the phase where the entrance at "D" is constructed_ These improvements are to be further described by a VDOT Permit to be issued at the time of the work. 5. An easement shall be established 75' in depth along the South property line E to F. This easement will be prominently shown on the final plat and will restrict construction of homes as well as limiting the clear cutting of trees larger than 4" diameter. [This proffer was fulfilled and recorded on the Southern Hills Subdivision Phase I Final Subdivision Plat. Instrument No.06001 1588.] 6. A statement shall be added to the plat and covenants for all lots created by this project advising that agricultural uses exist on the South and East, the Ewing Family cemetery exists within the limits of'development, and wastewater treatment facilities exist or previously existed to the North of this site. 7. The Ewing Family cemetery will be set aside as a separate lot with public access via an appropriate easement(s) and conveyed, if possible, to the Ewing family with covenants for future maintenance by the Ewing family. 8. A contribution of 100,000 for construction funding shall be made at the time VDOT implements the construction of it stoplight at the intersection of Stickley Drive and Rte. 277. [This proffer was fulfilled on March 3, 2005] 9. The Property Owner agrees to dedicate the right-of-way as shown on the revised Generalized Development Plan for the future Warrior Drive extension (the "road") across that portion of the Owner's property zoned B2 Commercial in the location depicted on the Generalized Development Plan. The Property Owner agrees to dedicate the right-of- way for the road within ninety (90) days ota written request by the County, provided that Rezoning Application No. has been approved by the Frederick County Board of Supervisors and all applicable appeal periods have expired and no appeal has been filed. The Owner's dedication of the right-of-way for the road is further conditioned on the following: (a) the deed dedicating the right -of way shall contain language, as a covenant running with the land, granting the Owner the right, at any time in the future and at Owner's expense, to place underground utilities across, or parallel to, the dedicated right-of-way for the road (including, but not limited to, gas, electric, cable, telephone, storm sewer, sanitary sewer, and waterline); (b) the deed dedicating the right-of-way shall contain language, as a covenant running with the land, requiring that the road shall have, at the Owner's discretion, a minimum of two entrances from the north side of Warrior Drive into the Owner's proposed commercial development, which two entrances shall meet applicable VDOT and County regulations and entrance spacing standards and be engineered into the design of the road, with turning lanes as required, for the full development of the subject property, during the design phase of the road; and requiring that the Owner and/or its designated representative(s) be entitled to meaningfully participate in the design of the road as regards the location and design of the two entrances; and (c) the deed dedicating the right -of way shall contain language, as a covenant running with the land, granting the Owner, its successors and assigns, the right at any time(s) in the future, to establish and locate construction and/or grading easements over and across the dedicated right-of-way in locations determined by the Owner, its successors and assigns, to be necessary for the development of the B2 Commercial property and/or the Residential Performance (RP) property provided that, upon construction of the road as a public street accepted into the state highway system by VDOT, the language regarding easements contained in this subparagraph 9 (c) shall thereupon be considered void. The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner. In the event the Frederick County Board of Supervisors grants said rezoning and accepts these conditions, the proffered conditions shall supersede all previous proffered conditions applicable to the Property and shall apply to the Property rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully submitted, ARCADIA DEVELOPMENT CO. Property Owner Its:_ .sits �•, i,�( q�c.� Date: 1Z) Z01 Zool4 ARCADIA-SOUTHERN HILLS, L.L.C. Property Owner Its: .A1AiX\_Z'tA Date: _A-Ze o ZpD'& — SOUTHERN HILLS HOMEOWNERS ASSOCIATION, INC. Its: Date: W 7,01 ZDo�e State of Ui ' o i G County of The foregoing instrument was acknowledged before me this ,,day of'tn�,, 2006, by nc1)6 J /71,110 r -- as ►1�►x of ARCADIA DEVELOPMENT CO. Ivot;lr� I>ublic Commonwealth Of Virginia County of Loudoun The foregoing instrument was acknowledged before me this� ' of C�►11 �/ , 2006 byJv �cs� l r 1) 1E� z as ,i�,{ �,'Fof AR.CADIA-SOUTHERN HILLS, L.L.C. pvc 1; Notary Publi Commonwealth Of Virginia County of Loudoun The foregoing instrument was acknowledged before me this day of rnbcr, 2006 by � ." as t-11liX F-, hof SOUTHERN HILLS HOMEOWNERS ASSOCIATION, INC. J Notary Public Southern Hills Subdivision Proffer Statement Attachment "A" - Property Identification Nos. 85D I I I 85D 1 1 31 S_5D 1 1 61 85D 1 1 91 85D 1 1 2 85D 1 1 32 85D 1 1 62 85D 1 1 92 85D 1 1 3 85D 1 1 33 85D 1 1 63 85D 1 1 93 85D 1 14 85D 1 1 34 85D 1 164 85D 1 1 94 85D 1 1 5 85D 1 1 35 85D 1 1 65 85D 1 1 95 85D 1 1 6 85D 1 1 36 85D 1 166 85D 1 1 95A 85D 1 1 7 85D 1 1 37 85D 1 1 67 85D 1 195B 85D 1 1 8 85D 1 1 38 85D 1 168 85 A 138 85D 1 19 85D 1 1 39 85D 1 169 85D 1 1 10 85D 1 1 40 85D 1 1 70 85D l I l i 85D 1 141 85D 1 171 85D 1 1 12 85D 1 1 42 85D 1 1 72 85D 1 1 13 85D 1 1 43 85D 1 1 73 85D 1 1 14 85D 1 144 85D 1 1 74 85D 1 1 15 85D 1 1 45 85D 1 1 75 85D 1 1 16 85D 1 146 85D 1 1 76 85D 1 1 17 85D l 1 47 85D 1 1 77 85D 1. 1 18 85D 1 1 48 85D 1 1 78 85D 1 1 19 85D 1 149 85D 1 1 79 85D 1 120 85D 1 1 50 85D 1 180 95D 1 1 21 85D 1 151 8`D i i 8i 85D i 122 8 5 D 1 152 85D 1 1 82 85D 1 123 85?) 11 53 85D 1 1 83 85D 1 124 85D 1 1.54 85D 1 1 84 85D 1 125 85D 1 155 85D 11 85 85D 1 1 26 85D 1 1 56 85D 1 1 86 85D 1 127 85D 1 1 57 85D 1 1 87 85D 1 128 85D 1 158 85D 11 88 85D 1 129 85D 1 1 59 85D 1 1 89 85D 1 1 30 85D 1 1 60 85D 1 1 90 William H. Gordon Associates Southern Hills Southern Hills 1.0 Executive Summary The Southern Hills project is located on Town Run Lane immediately South of Stephens City and is zoned Residential Performance (RP). The subject property is currently part of a multi - phased single family detached subdivision in which the first phase of single family lots has been recorded. The Owner/Applicant for the project is requesting a rezoning of 15.5+/- acres from RP to B2 with revised proffers and the approval of a Master Development Plan (MDP) for a mixed residential development containing 88 single family detached homes and 232 townhouses. As part of the proposed rezoning the Warrior Drive extension is shown on the subject property and will tie into the proposed interchange south of Stephens City. This new interchange and the land dedication for the construction of Warrior Drive will result in a significant improvement to the vehicular flow in this area of Frederick County. The benefits of the proposed changes are as follows: • Dedication of a 100' right-of-way for the extension of Warrior Drive. • Significant improvements to the vehicular circulation in Frederick County through the implementation of the Road Improvement Plan. • Creation of approximately 15.5 acres of commercial land on a major collector road in Frederick County. This ideal location can lead to the expansion of the commercial and employment base of Frederick County. • Development of a mixed residential community, accommodating a broader demographic range through the construction of both townhouses and single family detached units. Development Summary Zoning Area Single Family Detached Townhouses Commercial Residential 90.0 AC 88 units 232 units n/a Performance B2 15.5 AC n/a n/a 118,000sf* *approximate square footage based upon a net area of 9.0 acres, utilizing a Floor Area Ratio of 0.3. Final square footage may vary. William H. Gordon Associates 2.0 Project Review 2.1 Warrior Drive Extension Southern Hills The extension of Warrior Drive is a component of the long-range transportation goals for Frederick County and can substantially improve vehicular circulation in this area. Initial phases of this road have been completed in the vicinity of Sherando High School and to the north. The construction of the southern leg of this road, along with the completion of the proposed interchange on Interstate 81 is important in this effort to improve the County's transportation system. Specific details on Warrior Drive, as it pertains to the Southern Hills rezoning application, are: • 100' right of way dedication for Warrior Drive • total right-of-way area — 2.9 acres+/- • proposed road type Major Collector • proposed road will include 4 lanes divided by a landscaped median. As applicable turning lanes will be incorporated into the Warrior Drive extension to provide access to the B2 parcel. • the proffer package has been revised to include specific details on the proposed dedication. z 0 O FUTURE INTERSTATE Sl CONNECTION czz�� fes. ZONING - B2 SIZE - 15.5 AC 1 COMMERCIAL ENTRY I ` y LANDSCAPED MEDIAN MEDIAN BREAK WARRIOR DRIVE EXTENSION 100'RIGHT-OF-WAY RIA William H. Gordon Associates 2.2 B2 Commercial Land Southern Hills The designation of land along major transportation corridors in Frederick County is sound planning policy. The use of these roads to prov=ide both infrastructure and access to commercial properties can reduce the impact of proposed business uses on adjacent residential lands. The distribution of commercial areas throughout the County decreases reliance on vehicles and can reduce the need to travel long distances for either employment or retail services. This reduction in the total miles driven by Frederick County residents has many positive aspects, not the least of which is a positive impact on the environment and air quality found in the Shenandoah Valley. While no specific uses have been identified the broad range of uses allowed under the 132 district can allow for the creation of a vibrant commercial area that is needed in this area of the County. Many small or local uses can be accommodated within this site, reducing the need to travel to Stephens City or other points for basic services. For the purposes of this application it is assumed that approximately 9.0 of the 15.5 acres may be suitable for commercial development. The balance of the property is in areas of steeper slopes that may be difficult to develop. Utilizing a floor area ratio of 0.3 approximately 118,000sf of commercial uses could be constructed on the property. Mass grading on the property, or the construction of multi- story buildings could result in substantial additional commercial space becoming developed. INTERIOR INTERCONNECTION POTENTIAL OPEN SPACE LAND - W BAY A Q I a LAND BAY B t ROAD ACCESS LAND BAY C RItIOR DRIVE— f/ h A � - COMMERCIAL LAND BAY EXHIBIT 3 William H. Gordon Associates 2.3 Residential Southern Hills The proposed development represents a moderate density development when reviewed against the permitted density within the RP district. This district permits a gross residential density of 4.0 units per acre or 422 units (105.5 acres x 4) for the subject property. The proposed gross residential density is 3.03 units per acre or 320 total units. For review purposes, net density for each of the sections has been provided below. Net density is calculated by taking the gross area of each individual section and dividing it by the number of units. Phase I — Single Family Detached The landbay for the single family detached portion of Southern Hills will be revised in the proposed rezoning. This revision will result in a seven lot reduction in total yield for this phase and result in a net density of 2.2 units per acre. These lots have had final plat approval and are recorded. The existing seven platted lots will be merged into the residue parcel. Phase II — Single Family Attached (townhouses) The proposed townhouse development is a medium density residential development. The proposed net density is 4.62 units per acre. This density is low for a townhouse development and represents an effort by the Applicant to include additional open space within the community and to enhance the living environment for the future residents. The proposed layout reduces the number of townhouses stacked back to back by orienting many of the units to common open space areas. The use of a central traffic circle within the community provides a focal point that will establish an identity for the development. RESIDENTIAL .: LAND BAY EXHIBIT ,�••/• � SINGLE FAMILY - i�• SECTION A- TOWNHOUSE----, SECTION /•� I C] �fl� 1 + fl,Q 0 a CC cl 62 ZONE m TOWN RUN LANE F51 William H. Gordon Associates Southern Hills 2.4 Proffer Revision As part of the proposed rezoning, the proffer package for the Southern Hills will be revised. The previous proffer package consisted of eight separate conditions. These conditions will remain the same with the following exceptions; Proffer #1 will be revised to permit; a) Townhouse units. b) An increase in the number of residential units from 250 single family detached urban residence units to 88 single family detached urban residence units and no more than 232 townhouse units. c) 15.5 acres of B2 commercial zoning district land. The previous package, as a stipulation of the rezoning, limited the proposed housing types to single family detached units. In exchange for the Warrior Drive extension this is being modified to allow for townhouses and the B2 commercial area. Proffer #7 is modified to provide for public access to the Ewing family cemetery via an access easement as opposed to a public road. The cemetery was previously adjacent to detached single family homes on a public road, thus access was accordingly defined in the proffers. The cemetery is now located within the townhouse section which, due to parking restrictions, is required to be accessed via private roads. An access easement will be placed on the private roads to ensure public access. • Proffer #9 is a new proffer that specifies the conditions of the dedication of the Warrior Drive right-of-way. It specifically notes that the Developer will dedicate a 100' right-of-way for the construction of this road and allows for 1) the Developer to acquire easements for utilities within the dedicated area 2) for two entries into the proposed B2 lands from this right-of-way 3) the right to grade within the right-of-way. 5 2 r' R - =P r t H _ r /1 r < �►� 4 a Aft AWL AERIAL OVERLAY SOUTHERN HILLS FREDERICK COUNTY, VIRGINIA r t DATE:- DECEMBER 11006 PROJ. NO.: 2499-01011 1 SCALE: 1- - 400' ENGINEERS - SURVEYORS , LAN6 SITE SECURITY ARGIITECTS ll [E:::::�P� .flacadia Building Company at Branbury Glen 703-443-0442 eleezwew � r �p� . 2�aG�-ems p�<rri�tiarz ` 7 fer XK,alle�w I i - , r mom �rrar .mar �w ■owJJ low II■■W son NMI no XK,atl,�w W Ji/,a(!l//, (I/L��7. -✓lCl✓7fLl.(�'!G JLI�� ?;,foJj4;V L' c�%s�z:ir^,irL�.rr^f O/7<I�Lfl0& 7GL yaw"Iew? aar�LLGarL 7�t� tirLr� wain arL�Lt�arL t� JLC17✓aa/yL l�if <�rr�c✓rrn,� <.�//iiia <c�cXiirr• �t�i+clFi,� R' -R' x 7 11' I + %clrcii .10 II"s 12'- .1 I3 -fl " 1R 3' { J c >rwxdlFtF}Y�YYk�z4Y4�% a. axu 7�1­ e 1f A}� r _: '11'=1 y.. i4L A a 16'-8" " ] 0' 8 7 -- .lit trzr� .'f%n<rrr I I P-8` .x 10'-6" 1V-7., 10'-6" •' F .: _..: <<W,7",LAK C i� r = )a1c✓rceraf CJai�� lroit- aaw (��if. %FC �'r� � )a.1larLerL I ar2t�cf�art, C�/1�GG�i� <%J20P,/YL<./7� C�a/7�fLG3/7 Renderings and Floorplans arc an artist'sconception only and aro subject to. change. Actual produce and specifications may vary in dimension and detail from these drawings. This brochure is For illustrative purposes only and is not part of a legal contraet. See. Sales Representative for complete details. �iiiF•�/rT .��/riJ� .`�Z�rJJ. . T-5" x 10'-0" tf�crr IT -O" 14-2" \ ,x -r l I"x 14 2 P j Bir, r a T I 1—'a.q,rG` Mp x. _ •�d .firrtn�✓ <�'�is�rJ2 � t� v <�sc�«ir/ ,d.� � <�cr%/^rk/J2 #.L 16-4".x I I'-2" 1V-8` x 10'-6" n.-> ---4 14—:—r _--.�.-v a R' -R' x 7 11' I + %clrcii .10 II"s 12'- .1 I3 -fl " 1R 3' { J c >rwxdlFtF}Y�YYk�z4Y4�% a. axu 7�1­ e 1f A}� r _: '11'=1 y.. i4L A a 16'-8" " ] 0' 8 7 -- .lit trzr� .'f%n<rrr I I P-8` .x 10'-6" 1V-7., 10'-6" •' F .: _..: <<W,7",LAK C i� r = )a1c✓rceraf CJai�� lroit- aaw (��if. %FC �'r� � )a.1larLerL I ar2t�cf�art, C�/1�GG�i� <%J20P,/YL<./7� C�a/7�fLG3/7 Renderings and Floorplans arc an artist'sconception only and aro subject to. change. Actual produce and specifications may vary in dimension and detail from these drawings. This brochure is For illustrative purposes only and is not part of a legal contraet. See. Sales Representative for complete details. J�w r� air irrar tcari l r2� orm.. a� it � �rz f rri 7/K 9-e fA,r �oam, a� awe ori �rrr� %/ fez r��.�oar2 8'-8" x T 11 ��11rrr�r/ .%�oai1 I 10 11 x12 t" '` i 1. . ` arr.riain� `y%a�%�n/t+ <%�1Jea✓^ [J(M.11l,(.fl6n :7/111.0011 8' 1" x 12'_0° i22'-7" n 19'-4" ............ __......... _.. ��rr.caliail G%irrrin, � _- _ 22'-7"x 17, l _...._ — --I >ar v- 22' -7",, e22' -7"x 19'-4" Renderings and Rloorplans arc an artist's conception only and are subject to change. Actual product and specifications mayteary in dimension and detail from these drawings. This broch-re is for illustrative purposes only and is not part of s legal contract. See. Sales Representative for complete details. Q ��er.rat1an <�,oan1 ` 17' .I i22'-7" n 19'-4" ............ __......... _.. ��rr.caliail G%irrrin, � _- _ 22'-7"x 17, l _...._ — --I >ar v- 22' -7",, e22' -7"x 19'-4" Renderings and Rloorplans arc an artist's conception only and are subject to change. Actual product and specifications mayteary in dimension and detail from these drawings. This broch-re is for illustrative purposes only and is not part of s legal contract. See. Sales Representative for complete details. MWt�w —V �`io�vri �.�c�t� aw"- J /0,116 XK,a1te�w 9 (cf�orr�taa✓iccWerri/t�ori ejovoJJ4�w C�tl��i� t7J�;.1<.tactz� �t!>�<�1� v�.Jrti!-<.r?•l` C�t7��G�T. �CL�Cr72�/Gf 9'-2" x 9' 1 N y l% 15'_4" x 12' 2" Clic��i� ���CL.1<�iyzT,til` Uoi7<�,cl�ar� <flliu��nnm l T_2" x 4'-11" TI F 16'- 10" :k — JJ .,,ry11 ..'L;,,/ 10'_0° x 11'-8" Cir zbwir. rrc/ z I 10' 1" x T-7` 10'-6"., 10'_6" 15'_4" x 12' 2" Clic��i� ���CL.1<�iyzT,til` Uoi7<�,cl�ar� <flliu��nnm l T_2" x 4'-11" TI F 16'- 10" 10'-I" , 9'-7" 10'_6" x 10'-6" YX" iavT law uct ��r o/%f ertr iic/rioi 'I� 9'-0' x 9,-1 I" /n�jet. ,'.<x &0aww JWWv- YK,4,7 CjW, 6 zf < R—dennga.md Floorplar, a. an artists conception only and are nubj— to change. Actnal product and specifications may vary in dimension and detail from these drawings. I Thin brochm e i, f'ur or illustrative ppos<s only and is not part of a legal contract. Sec Sales Representative for complex details. :k — JJ .,,ry11 ..'L;,,/ z 10' 1" x T-7` 10'-6"., 10'_6" 10'-I" , 9'-7" 10'_6" x 10'-6" YX" iavT law uct ��r o/%f ertr iic/rioi 'I� 9'-0' x 9,-1 I" /n�jet. ,'.<x &0aww JWWv- YK,4,7 CjW, 6 zf < R—dennga.md Floorplar, a. an artists conception only and are nubj— to change. Actnal product and specifications may vary in dimension and detail from these drawings. I Thin brochm e i, f'ur or illustrative ppos<s only and is not part of a legal contract. Sec Sales Representative for complex details. .,,ry11 ..'L;,,/ z 10'-I" , 9'-7" 10'_6" x 10'-6" YX" iavT law uct ��r o/%f ertr iic/rioi 'I� 9'-0' x 9,-1 I" /n�jet. ,'.<x &0aww JWWv- YK,4,7 CjW, 6 zf < R—dennga.md Floorplar, a. an artists conception only and are nubj— to change. Actnal product and specifications may vary in dimension and detail from these drawings. I Thin brochm e i, f'ur or illustrative ppos<s only and is not part of a legal contract. Sec Sales Representative for complex details. <lF/JL/ZIn/72 2 9'-2` x T-1 1 77/�. 1 oaf ate{ i an liars u, if�i < inyaarfa iz vat 5 Coarr fiari usif� <Ti I LJaarr� J�'aYaye C�aac�t�arz ur�tii Jurr�oari2 <lF/JL/ZIn/72 2 9'-2` x T-1 1 l . . ......... 15'-4° x 10'-9.. 15'-4" x 12' 2" I O'- l' x 9'-7 10'-6" x f W-0 Of i .��C/,!^/J.�G C�'a/7,�L/.�/,(//7. /�.✓7�,L ��7.� G�>//ali/I .-:/..%/Y� /��I/7 �!L!'1.Z�2B C�Ja/l��Ga/?, Irl <inrooi��tltn� %�anrra 9'-2"x9'-11" &Oallw Wool- Y/a�,//, Renderings and Floorplans are an artist's conception only and are subject to chage. Actual product and specifications may vary in dimension and detail from these drawings. This brochure ,s E'or illustrntwe purposes only and is not part of', legal contract. See Sales Representative for complete details. 77/�. 1 i 10'-1"x 1T-9" c� l . . ......... 15'-4° x 10'-9.. 15'-4" x 12' 2" I O'- l' x 9'-7 10'-6" x f W-0 Of i .��C/,!^/J.�G C�'a/7,�L/.�/,(//7. /�.✓7�,L ��7.� G�>//ali/I .-:/..%/Y� /��I/7 �!L!'1.Z�2B C�Ja/l��Ga/?, Irl <inrooi��tltn� %�anrra 9'-2"x9'-11" &Oallw Wool- Y/a�,//, Renderings and Floorplans are an artist's conception only and are subject to chage. Actual product and specifications may vary in dimension and detail from these drawings. This brochure ,s E'or illustrntwe purposes only and is not part of', legal contract. See Sales Representative for complete details. i �x l . . ......... 15'-4° x 10'-9.. 15'-4" x 12' 2" I O'- l' x 9'-7 10'-6" x f W-0 Of i .��C/,!^/J.�G C�'a/7,�L/.�/,(//7. /�.✓7�,L ��7.� G�>//ali/I .-:/..%/Y� /��I/7 �!L!'1.Z�2B C�Ja/l��Ga/?, Irl <inrooi��tltn� %�anrra 9'-2"x9'-11" &Oallw Wool- Y/a�,//, Renderings and Floorplans are an artist's conception only and are subject to chage. Actual product and specifications may vary in dimension and detail from these drawings. This brochure ,s E'or illustrntwe purposes only and is not part of', legal contract. See Sales Representative for complete details. Mw&w -V aacvz�clrrm -i/a/ari /a�t�i G�faaaa�Ji�/'�' yto�iE yoterawale F/Xojjt�w . �irranorn 14--l" x W -l" I'll 77/GII 51Pcfr' ---------- 10'-10"., 7'-8 10'-I".Y 20'_2" W- F.._ 14'_7' x 9'-1., 7 14'-7".% 11'-6" �fL/ll.Cd9 ./J><L✓Fii7�7,f Koww/m,"n. C�af7�Lulaf/- r,. �nri�r%nr/ Gjat. 7l�l�rf.Yt <%sav �an�linn 8'-7" x. 12'_0" 21'-1" x 16'-4" I l'-1" x,-9., C�rr��1� <�a�ar�unt Coairacfic?7, I Renderings d h'Ioorpla are an art t .r,e.pti.a only and are subject to change Actual product and specifications may vary dimens d den I F,.. these drawings I This brochure is roc 911-tra6ve purposes only and is not part of a legal contract See Sales Representative for complete details. /.s6i <G%2,lcrrr.�n/arr/iar� ura/�i <r�zNrarrri�/� n.Jr�rrnrz-/ ire <//iiz (wainrr�� n.�cirrcri/ana�faan 'acts . �irranorn 14--l" x W -l" I'll 77/GII 51Pcfr' ---------- 10'-10"., 7'-8 10'-I".Y 20'_2" W- F.._ 14'_7' x 9'-1., 7 14'-7".% 11'-6" �fL/ll.Cd9 ./J><L✓Fii7�7,f Koww/m,"n. C�af7�Lulaf/- r,. �nri�r%nr/ Gjat. 7l�l�rf.Yt <%sav �an�linn 8'-7" x. 12'_0" 21'-1" x 16'-4" I l'-1" x,-9., C�rr��1� <�a�ar�unt Coairacfic?7, I Renderings d h'Ioorpla are an art t .r,e.pti.a only and are subject to change Actual product and specifications may vary dimens d den I F,.. these drawings I This brochure is roc 911-tra6ve purposes only and is not part of a legal contract See Sales Representative for complete details. 10 10" 16' 11" I4' -7"x T- 1 AKII-11V fl)rwl 10'- 10' x 7-8' 10'-V x 20'-2" "c"i 141 10 14'-h" � AVIMI 14'-7" r 9'- 1" 14'-7 x n'-6" X, .. .... .. ar�z ,,w &Ipql 2anlo"al 9� ,9111�1,11;111m, 8'-7,x 12A" 2 P- P Y. 14'-Y f — Renderings incl a, —fist's conception only ..d are ch.nge. A,,..l product and speeifl—li-as may vary in di—si.n and derail From these drawings. This brochure is for illustrative purposes only and is not part of a legal contract, See Sales Rep—ertari— for complete details. Elevation mievation u with optional Brick Front Elevation Lyz;;Mmn The Windham Ot rtvA.il N[L�-84Y ort Doll FAMILY I5' -0"x 16'-0" .)ili 1;!ti lit 1\1 f>f N/F' i)!4' STUDY I KITCHEN' ` :NOOK Ili"-b"'x 11"-S„ ) ' t`\�a� 9,'8"x 11,-8„ E, t��� UFxidretF <imumtll I ��% � E;itclncn •1ufiE:delc r� POWDER _ _ GF. VIM U4. LIVING �m FOYEI? DINING i FIRST FLOOR PLAN LA U.N. efPP /ar I GARAGE 19'-4"x 20'-0" The Windham IIERN HILLS Elevation A Shown With Optional Brick Chimney tevation C Shown With Optional Brick Chimney Elevation B Shown With Optional Brick Chimney THE CHELSEA SO�I HERN HILLS Elevation C Elevation B Elevation A with optional Brick Front he one 0 -- rd Soul HERN HILLS Elevation C with Optional Masonry Fireplace Elevation A with optional Brick Front & Optional Masonry Fireplace The [Ovsks Elevation B with Optional Masonry Fireplace S UT HERN HILLS Elevation C Elevation A Elevation B with optional Brick Front 1&I[ IWD., �O , 6 .y ��"+ �;:" •�,� . � =�'� k,�' �"�� 'fix r z - M " �N JL t JL 'i it a �[•r ' •r. j �• r {+ _ � - r �Y , yy �w w i � 1 ,�Z U, SO UT HERN HILLS tievauon G with optional Brick Front Jl.� �fceafl�i� MASTER DEVELOPMENT PLAN #16-06 SOUTHERN HILLS Staff Report for the Planning Commission Prepared: January 3, 2007 Staff Contact: Michael T. Ruddy, Deputy Planning Director This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist in the review of this application. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 01/17/07 Pending Board of Supervisors: 02/14/07 Pending LOCATION: The property is located approximately 2,800 feet south of the intersection of Route 277 and Town Run Lane MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBERS: 85D-1-1-1 through 85D -1-1-95B and 85-A-138 PROPERTY ZONING & PRESENT USE: Zoned: RP (Residential Performance) Use: Residential B2 (General Business) Pending RZ# 22-06 Commercial ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas Zoning) South: RA (Rural Areas Zoning) East: RA (Rural Areas Zoning) West: RA (Rural Areas Zoning) Use: Residential / Utility Use: Residential /Agricultural Use: Agricultural Use: Vacant / Agricultural PROPOSED USE: 88 single family detached and 232 single family attached residential uses and commercial uses. MDP #16-06, Southern Hills January 3, 2007 Page 2 REVIEW EVALUATIONS Virginia Department of Transportation: The Master Plan for this property appears to have significant measurable impact on Route 1012, Town Run Lane, the VDOT facility which would provide access to the property. The proposed Master Development Plan for Southern Hills appears to be appropriate. VDOT offers the following comments: As noted in Phase III, the entrances noted as approximate locations north of the proposed collector road will need to meet VDOT spacing requirements for a collector road. It should also be noted some of the details currently on the plan sheet do not meet current VDOT standards. These items will need to be addressed or corrected with the site plan submittals. Before making any final comments, this office will require a complete set of site plans, drainage calculations and traffic flow data from the I.T.E. Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to comment on all right- of-way needs, including right-of-way dedications, traffic signalization, and off-site roadway improvements and drainage. Prior to construction on the State's right-of-way, the developer will need to apply to this office for issuance of appropriate permits to cover said work. Frederick County Fire Marshal: Plan approval recommended. Frederick County Public Works: Comments pending. Frederick County Sanitation Authority: This review is for Phase II only — Phase I is under construction and Phase III is for 1St review. Approved as noted — one item. A 2nd water feed is needed — see plans. Frederick County Inspections Department: Demolition permit required prior to the removal of any existing structures. No additional comment at this time. GIS Department: New/revised road structure is addressable. However, no names were annotated. A minimum of 8 road names are required. Winchester Regional Airport: We have completed a review of the proposed Master Development Plan and it should not have an impact on operations at the Winchester Regional Airport as the proposed site falls outside of the airport's Part 77 surface. However, the site does lie within the airport's airspace and residents could experience noise from aircraft within that area. Department of Parks and Recreation: The monetary proffer does not appear adequate to offset the impact this development will have on the capital needs of the Parks and Recreation Department. Plan appears to meet open space requirements. Plan should clearly state when and where the County approved recreational units will be installed. Frederick County Public Schools: Based on the information provided, it is anticipated that the proposed 88 single family detached homes and 232 townhouse units will yield 37 high school students, 33 middle school students and 65 elementary school students for a total of 135 new students upon the build -out of all phases. Significant residential growth in Frederick County has resulted in the schools serving this area having student enrollments nearing or exceeding the practical capacity for a school. The importance of improvements to the transportation system in this undeveloped part of Frederick County is imperative to maintaining an acceptable level of safety MDP #16-06, Southern Hills January 3, 2007 Page 3 within the transportation routes for buses in this area of the County. The construction of the extension of Warrior Drive will help to maintain this acceptable level of safety. It will also add to the efficiency of time that students are on buses and the amount of fuel used for transportation. The cumulative impact of this project and others of similar nature, coupled with the number of approved, undeveloped residential lots in the area, will necessitate the future construction of new schools facilities to accommodate increased student enrollments. The impact of this project on current and future school needs should be considered during the approval process. Planning & Zoning: A) Master Development Plan Requirement A master development plan is required prior to development of this property. Before a master development plan can be approved, it must be reviewed by the Planning Commission, Board of Supervisors and all relevant review agencies. Approval may only be granted if the master development plan conforms to all requirements of the Frederick County Zoning and Subdivision Ordinances. The purpose of the master development plan is to promote orderly and planned development of property within Frederick County that suits the characteristics of the land, is harmonious with adjoining property and is in the best interest of the general public. Master Development Plans illustrate road locations and deigns, residential areas, recreational amenities, stormwater management areas, buffers and utilities. B) Site History On July 11, 2001, the Board of Supervisors approved Rezoning Application #01-01 to rezone 105 acres from RA (Rural Area) to RP (Residential Performance) to enable the construction of 250 single family residential lots. Frederick County administratively approved Master Development Plan # 09-03 on June 28, 2004 for the Southern Hills project which enabled the subdivision of the project. The Phase 1 subdivision final plats for the creation of 95 single family residential lots was approved on June 16, 2006 This current application is a revision to the approved Master Development Plan for Southern Hills and would implement the latest rezoning for this project, RZ #22-01. C) Intended Use 88 single family detached residential uses and 232 single family attached residential uses on 90 acres and commercial uses on 15 acres. D) Site Suitability & Proiect Scope Comprehensive Policy Plan: The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. it is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1-I] MDP # 16-06, Southern Hills January 3, 2007 Page 4 Generalized Development Plan: The revised Master Development Plan is generally consistent with the original Master Development Plan in terms of area of development and limits of disturbance. The revised Master Development Plan, based upon the Generalized Development Plan submitted with rezoning application RZ#22-06, recognizes the approval of Phase 1 of the Southern Hills project in the design and provides for a connected area of single family attached townhouse units. The townhouse section of the project will be developed in a manner that provides additional areas of open space preservation and active recreational land uses beyond that of the original Master Development Plan. The Ewing Family Cemetery is incorporated into the design of the MDP and access is provided consistent with the proffer addressing this feature. The inclusion of the right-of-way dedication for the extension of Warrior Drive is located correctly. Adjacent to the future right of way, the MDP provides for the appropriate buffering and screening. In addition, interior residential screening is provided between the two residential housing types. The recreational facility requirement is provided for in the MDP. The recreational trails depicted with the Rezoning application should be incorporated into the MDP, in particular, the trail that has been provided for adjacent to the Warrior Drive right-of-way and within the buffer area. Waiver: The townhouse portion of Southern Hills contains some units which will be located more than 500' from a state maintained road but not more than 800'; therefore the applicant needs a waiver of § 144-24C(2)b of the Frederick County Subdivision Ordinance to implement the layout proposed. The Planning Commission should address the approval of this waiver. STAFF CONCLUSIONS FOR THE 01/17/07 PLANNING COMMISSION MEETING: Two actions will be required for this MDP—one for the waiver of Section 144-24C(2)b of the Subdivision Ordinance for the extension of the private streets within the townhouse project and a recommendation for the MDP itself. The revised preliminary master development plan for Southern Hills depicts appropriate land uses and appears to be consistent with the requirements of Article XVII, Master Development Plan, of the Zoning Ordinance. The preliminary master development plan is also in accordance with the revised proffers of the rezoning (REZ #22-06) and has, with the inclusion of the trail locations, addressed all of staffs concerns. All of the issues brought forth by the Planning Commission should be appropriately addressed prior to a recommendation to the Board of Supervisors. Please note this MPD is in conformance with the rezoning application being heard on the same night as this MDP, if the rezoning for Southern Hills is not recommended for approval then the MDP should also not be recommended for approval to the Board of Supervisors. Following the Planning Commission discussion, it would be appropriate to forward a recommendation to the Board of Supervisors regarding this MDP conformance with County codes and review agency comments. All issues and concerns raised by the Planning Commission will be forwarded to the Board of Supervisors for their consideration. 14AG"All; Fir %1W11' eFrederick County, VA 2.2, 1, ENSCIry ilr ...-- -ON'SNIFAA W I e�A RAMEY 85 A 60 20 ac. a RAMEY 85A 70 66.11 ac. 1 4' w 6vP�O'`�3 GUARD 85 0tia� 85 A 133A ti9' 40.51 dc. ESTEP 85 A 59 109.91 ac. syr n� �iy�9 2d, •.' SCOTHORN 85 A 139 103.6 ac. 1i Location in Surrounding Area 41cK COG 0 125 2®Fq eet w '� Rezoning & MDP REZ# 22-06; MDP# 16-06 APPlicaliion Southern Parcel ID: 85D -1 -1 -1 Thru 95B Location in the County 85 -A -138 Map Features - - Buildings Long Range Land Use Streets Rural Community Center v Primary Residential Seconds u rY Business Tertiary ® Industrial Application Institutional Eastern Road Plan - - Recreation New Major Arterial Q -Y Historic Improved Major Arterial ® Mixed -Use - y New Minor Arterial ® Planned Unit Development Improved Minor Arterial ft1 New Major Collector dft1 Improved Major Collector dft1 New Minor Collector 4 Improved Minor Collector Ramp Location in Surrounding Area 41cK COG 0 125 2®Fq eet w '� Frederick County, Virginia Master Development Plan Application Package APPLICATION MASTER DEVELOPMENT PLAN 1. Project Title: SOUTHERN HILLS 2. Owner's Name: ARCADIA DEVELOPMENT CO c/o CARLA COFFEY ARCADIA-SOUTHERN HILLS L.L.C. SOUTHERN HILLS HOMEOWNERS ASSOCIATION, INC. (Please list the names of all owners or parties in intrest) 3. Applicant: ARCADIA DEVELOPMENT CO c/o CARLA COFFEY Address: 117 N BAILEY LANE PURCELLVILLE VA 20132 Phone Number: 540-751-0321 x179 4. Design Company: WILLIAM H GORDON ASSOCIATES, INC Address: 24 W PICCADILLY STREET, SUITE A WINCHESTER, VA 22601 Phone Number: 540-542-1737 Contact Name: HAROLD PLANCE Frederick County, Virginia Master Development Plan Application Package APPLICATION cont'd MASTER DEVELOPMENT PLAN 5. Location of Property: APPROXIMATELY 105 ACRES LYING ABOUT 2,800 FEET SOUTH OF THE INTERSECTION OF ROUTE 277 AND TOWN RUN LANE 6. Total Acreage: APPROXIMATELY 105 7. Property Information: a) Property Identification Number OM ): SEE ATTACHED b) Current Zoning: RP C) Present Use: SINGLE FAMILY DETACHED & VACANT d) Proposed Uses: SINGLE FAMILY DETACHED, TOWNHOMES, AND FTTTTTRF ('nmyyyt rAL e) Adjoining Property Information: Property Identification Numbers Property Uses North 85 A 142 & 142A Vacant & Res. South 85 A-137, 137E 137D, 131 Agri, Res, Res, Agri East 85 A 139 & 141 Agri & FWSA West 85 A 59 & 60 Agri & Agri fl Magisterial District: OPEQUON S. Is this an original or amended Master Development Plan? Original Amended X I have read the material included in this package and understand what is required by the Frederick County Department of Planning and Development. I also understand that the master development plan shall include all contiguous land under single or common ownership. All required material will be complete prior to the submission of my master development plan application. Signature: Date: 1 2121 zC Page 12 Master Development Plan FREDERICK COUNTY, VIP GI -I•, I�A� Attachment: # 7. Property Information: Property Identification Numbers 85D 1 1 1 85D 1 1 31 85D 1 1 61 85D 1 12 85D 1 1 32 85D 1 162 85D 1 1 3 85D 1 1 33 85D 1 1 63 85D 1 14 85D 1 1 34 85D 1 164 85D 1 1 5 85D 1 1 35 85D 1 1 65 85D 1 16 85D 1 1 36 85D 1 1 66 85D 1 17 85D 1 1 37 85D 1 1 67 85D 1 1 8 85D 1 1 38 85D 1 168 85D 1 19 85D 1 1 39 85D 1 1 69 85D 1 1 10 85D 1 140 85D 1 170 85D 1 1 11 85D 1 141 85D 1 171 85D 1 1 12 85D 1 142 85D 1 1 72 85D 1 1 13 85D 1 143 85D 1 1 73 85D 1 1 14 85D 1 144 85D 1 1 74 85D 1 1 15 85D 1 145 85D 1 1 75 85D 1 1 16 85D 1 146 85D 1 1 76 85D 1 1 17 85D 1 147 85D 1 1 77 85D 1 1 18 85D 1 148 85D 1 178 85D 1 1 19 85D 1 149 85D 1 1 79 85D 1 120 85D 1 1 50 85D 1 1 80 85D 1 121 85D 1 151 85D 1 181 85D 1 122 85D 1 1 52 85D 1 1 82 85D 1 123 85D 1 1 53 85D 1 183 85D 1 124 85D 1 154 85D 1 184 85D 1 125 85D 1 1 55 85D 1 185 85D 1 126 85D 1 1 56 85D 1 186 85D 1 127 85D 1 1 57 85D 1 1 87 85D 1 128 85D 1 158 85D 1 188 85D 1 129 85D 1 159 85D 1 1 89 85D 1 1 30 85D 1 1 60 85D 1 190 85D 1 1 91 85D 1 1 92 85D 1 1 93 85D 1 1 94 85D 1 1 95 85D 1 1 95A 85D 1 1 95B 85 A 138 Frederick County, Virginia Master Development Plan Application Package Adjoining Property Owners MASTER DEVELOPMENT PLAN 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 Ist floor of the Frederick County Administration Building, 107 North Kent Street. NAME ADDRESS / PROPERTY NUMBER Name Adm Z.5oWn un ane MYERS, JOYCE E Property # 85-A-137 82 Peace an Plenty ane RAMRY, WILLIAM L Stephens City, VA 22655 RAMEY, WILLIAM L 4L4 reace and hens Cit 85 -A -137D Plenty Lane VA 22655 �= RITENOUR FARM L.P. 514 Peace and Plenty Lane C/O MARY RITENOUR Stephens City, VA 22655 85-A-131 506 Ewings Lane SCOTHORN, Gary, Stephen, Dennis Ste hens City, VA 22655 85-A-139 FREDERICK - WINCHESTER SERVICE AUTHORITY TOWN OF STEPHENS CITY Page 18 hester, VA 22604 85-A-141 PO Box 250 Stephens City, VA 22 85-A-142 Frederick County, Virginia Master Development Plan Application Package Nana Addre,,14502 Saint Stephens Place MirlInt-hinzi- UA ?-411-1 ESTEP, MARY VIRGINIA STICKLEY c/o Robert M Bushong, POA Property# 85 - A - 142A 114502 Saint Stephens Place ESTEP, MARY VIRGINIA STICKLEY Midlothian VA 23113 c/o Robert M Bushong, POA 85 - A - 59 824 Peace and Plenty Lane RAMEY, WILLIAM & ELIZABETH Stephens City. VA 22655 85-A-60 Page 19 Special Limited Power of Attorney County of Frederick, Virginia Planning Office, 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) ARCADIA DEVELOPMENT CO (Phone) 540-751-0321 (Address) 117 N BAILEY LANE, PURCELLVILLE, VA 20132 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. on Page Parcel: Lot: Block: Section: do hereby make, constitute and appoint: (Name) WILLIAM H GORDON ASSOCIATES, INC and is described as Subdivision: SOUTHERN HILLS (Phone) 540-542-1737 (Address) 24 W PICCADILLY STREET, SUITE A, WINCHESTER, VA 22601 To act as my true and lawful attorney-in-fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: 11 Rezoning (Including proffers) 0 Conditional Use Permits lq Master Development Plan (Preliminary and Final) 9 Subdivision ® Site Plan My attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) have hereto set my (our) hand and seal this 3I'' day of C) bk6,, , 200 In , Signature(s) rl, /a— State of Virginia, Gity/County of kw . Qum , To -wit: I, �� �. Com_, a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument and who is (are) known to me, personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this 31�~day of �ba_, 200 Co4��_41XZ4� . My Commission Expires: //- .3O - ZC>O Zo Notary Pul)lic J • CONDITIONAL USE PERMIT #09-06 gw4,GK JOYCE MYERS Staff Report for the Planning Commission w Prepared: January 3, 2007 Staff Contact: Kevin T. Henry, Planning Technician This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 11/15/06 Tabled for 60 days by Applicant Planning Commission: 01/17/07 Pending Board of Supervisors: 02/14/07 Pending LOCATION: This subject property is located at 625 Town Run Lane (Route 1012). MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBER: 85-A-137 PROPERTY ZONING & PRESENT USE: ADJOINING PROPERTY ZONING & USE: North: RP (Residential Performance) South: RA (Rural Areas) East: RA (Rural Areas) West: RA (Rural Areas) PROPOSED USE: Kennel REVIEW EVALUATIONS: Zoned: RA (Rural Areas) Land Use: Residential Land Use: Vacant Land Use: Vacant Land Use: Residential Land Use: Agricultural Virginia Dept. of Transportation: The application for a Conditional Use Permit for this property appears to have little measurable impact on Route 1012, the VDOT facility which would provide access to the property. Existing entrance is adequate for proposed use. 1-lowever, should use ever expand in the future, the entrance may have to be upgraded to VDOT commercial standards. Fire Marshal: Plan approval recommended. Inspections Department: Kennel building shall comply with The Virginia Uniform Statewide CUP 409-06 — Joyce Myers January 3, 2007 Page 2 Building Code and Section 304, use group B (Business) of the International Building Code. Other Code that applies is ICC/ANSI Al 17.1-03 Usable and Accessible Buildings and Facilities. Please note the requirements in IBC for special inspections under Chapter 17 for this type structure. Please submit site plan showing accessible parking and accessible entrance at the time of permit application. All required egress doors shall be accessible. Winchester -Frederick County Health Department: Health Department has no objections or comments as no increase in water use to occur. Planning & Zoning The applicant has applied for this CUP as a result of a zoning violation of the Frederick County Zoning Ordinance. The applicant has been in violation of the Ordinance since June 9, 2006 and has shown diligence in reducing the number of dogs, as well as apply for the CUP, which is a means of possibly resolving the zoning violation. Staff has had numerous conversations and a few site visits to assist the applicant in achieving a land use that will not negatively affect neighboring properties. Dog kennels are a permitted use in RA (Rural Areas) Zoning District with an approved CUP. The proposed use will take place on a 1.04 acre tract of land located in the RA (Rural Areas) Zoning District. Staff would note that there is currently one dwelling on the property, which is being used as a residence. The kennel will contain no more than ten (10) dogs/puppies, as well as including any litters. The applicant has proposed outdoor kennels, but has given thought to an indoor facility in the future. Staff has also specified that no breeding will take place on site, helping to limit litters. Within the Frederick County Zoning Ordinance, kennels are required to maintain a Category C zoning district buffer. Section 165-41B of the Frederick County Zoning Ordinance requires the Category C buffer be placed along any residential uses. This buffer requirement is 100', in which, 75' is inactive (strictly landscaped area) and 25' active. The buffer would need to maintain 3 trees per 10 linear feet and a six (6) foot tall opaque fence would also have to be placed along the above specified boundaries. Currently the boundaries in question that would need this buffer would be the northern and eastern boundaries. A minor site plan will be required to ensure that all the conditions and other agency requirements are adhered to. As with any kennel, noise from this type of business negatively impacting adjoining property owners is a concern. The 2003 Frederick Coun1y Comprehensive Policy Plan ascertains that certain types of business uses may be located at rural locations if adverse impacts on surrounding uses can be avoided (p.6-60). Adjoining the property to the north is a higher density residential subdivision zoned RP (Residential Performance) that places this kennel in doubt. The four (4) proposed dwellings that adjoin the applicant's property will be within 200' of the dog cages. CUP 409-06 — Joyce Myers January 3, 2007 Page 3 Barking generated from the dogs in the kennel could create a nuisance for these adjoining owners within the RP (Residential Performance) subdivision. In accordance with Section 48-23 of the Frederick County Code; It shall be unlawful, after written notice by the Sheriff to the owner, custodian, or person in control or possession of a dog, for such person to suffer or allow such dog to yelp, whine or otherwise make unreasonably loud noises as are plainly audible to adjoining residents or property owners in a residential subdivision so as to unreasonably annoy, disturb, bother, or vex such residents or property owners. Recognizing this code provision, it is foreseeable that this kennel may conflict with the adjacent residential development. Attached are images of existing site conditions. STAFF CONCLUSIONS FOR THE 11/15/06 PLANNING COMMISSION MEETING: Should the Planning Commission find this use appropriate, Staff would recommend the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. The kennel shall strictly be limited to no more than ten (10) dogs/cats, regardless of animal age. 3. This permit is for a kennel (non -boarding) only. 4. No breeding of the animals shall take place on this property. 5. The kennel will adhere to a Category C buffer as specified in the Frederick County Zoning Ordinance. 6. A minor site plan will be required within six (6) months of approval of this permit. 7. Any violation of Section 48-23 of the Frederick County Code may be cause for revocation of this permit. S. Inspection of the facilities by the Animal Control Officer shall be required to determine if the housing for the dogs is adequate and appropriate. 9. All requirements of the Frederick County Code and the Code of Virginia pertaining to dog kennels shall be complied with at all times. 10. Any expansion or change of use shall require a new CUP. PLANNING COMMISSION SUMMARY AND ACTION OF THE 11/15/06 MEETING: A representative for the adjoining property owner, Arcadia Development Company and Arcadia Southern Hills, came forward to express concerns about the appropriateness of this use at the proposed location, due to the proximity of adjacent residential use and the size of the applicant's parcel. She noted that the applicant's property borders four of their lots within the Southern Hills subdivision on which single-family homes are currently being constructed. CUP #09-06 — Joyce Myers January 3, 2007 Page 4 The applicant's attorney said he was just recently engaged to represent Ms. Myers and this was after the filing of the CUP, as well as the court case hearing. He stated that the applicant's operation is a 501(C)3 tax-exempt charitable organization, which is designated by the IRS solely for rescuing dogs and cats from shelters where they could be euthanized. He said his client has received national recognition for her efforts. He requested that the Commission consider tabling the CUP, to provide them with more time to study the issues raised and to determine whether the conditions of the CUP will work for his client. Commission members commented that previously -approved CUPs for kennels in Frederick County have required dogs to be housed inside an enclosed building at night. It was noted that these are typically concrete block buildings; metal structures would not be sufficient to dampen sound. Commissioners also had questions about the size of a proposed structure and staff pointed out the limited area a structure could be placed on the property due to zoning district buffer requirements, as well as normal building restriction lines. It was also noted that the kennel was not in operation prior to Southern Hills being rezoned for high-density residential. Some members of the Commission said they would have difficulty supporting an outdoor kennel, especially next to high-density residential use, because of the possibility of the noise becoming a nuisance for the neighbors. Commission members voted unanimously to table the proposed CUP for 60 days, at the applicant's request, to allow the applicant time to address issues raised by the staff and Planning Commission. Following the requisite public hearing, it would be appropriatefor the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors. 85 A 59 E5TEP, MARY VIRGINIA 5TIGKLEY M A 60 F4WGY, WILLIAM LARRY 9, ELIZASETN s5 A ID [GAMEY, WILLIAM L r, ELIZA TH aV A 133 T PS -S �,uPC'�•�"��v E 85 A 134 SEE, RRY L �, 5ELINDA G nppllcaaen Road Centerlines �Lexaa�ro�a. �ti%Prlmnnry M— sveama � Remn a Bunang r_. �,y�N P 135 Ll '0 � 85 A In PARGADIA DEVELOPMENT GO �O4 ry e �yr<�s8sa psi HI 55 A 13ID K0.MEY• WILLIAM L CUA` � 09 - 06 Joyce Myers ��I Fee bre �,�F•°°°°u Location Map (77-A-51 ) 0 100 200 400 Feast DOUND Church Ag & ,Farastra) Ddrkt IY A 131 F47FINDURL FARM L'P, 05 A 59 ESTEP, MARY VIR(INIA STIGKLEY ^s{, A 60 RAMEY, WILLIAM LARRY &ELIZA6ETH 95 A '0 RAMEY, WILLIAM L fT ELIZA Tlj tt I lli P t3yEC pLS 4y\ 4 (,UW' 26 A 134 SEE, RRY L & BELINDA G 4/NNP ��q a5 P t35 TF-�`GZ' iNPoDEUS 3 _., et IBusmoss. r ooa o5inc0 ti_iJ wm (motile ome ommooM Dismq) - ez (easmes:. ee9eai oisms0 kms (meairai s��ppon oismn, <�e3(Busmes,. iotl�s riaiTrznsnion oisiiiep ,..-_ as (ixeiemia, acne mm�mry oismn, �i HE (Higlrer Etlucai nn .1110) 0) RH (ftual Hreas nisi lep pmt Oneusmai. ugm olriep w+(ixesiaeoiiai i=enormanrc orsind) $5 A in ARGADIA DEVELOPMENT GD SO HIS 26 A 131D P,IACY, WILLIAM L CUP #09-06 Joyce Myers Zoning Map (77-A-51 ) 0 100 200 400 Feet I Doub1F C4LjTh Ag & F"orestr* DiaNd 05 A I;I 74TENDt]4Z FAW 1-9, is S5 A 54 ESTE-P. MARY ViF— NM STIGKLEY S5 A L-0 RAMEY, WILLIAM LARRY f,ELIZA6ETH %5 A 7o RAMEY, WILLIAM L " ELIZA TM N r 85 P dip ET PL -s UUPS'� ¢pi -4 95 A 134 SEE, RRY L fi, 661-INDA G P 135 TF�•y, -tHPDDE�s s 85 A OS P,gLADIA DEVELDYMENT GD NII 55 A 137D RAMEY, WILLIAM L CUP#®9—®6 Joyce Myers Landuse Map (77-A-51 ) 0 100 200 400 i® Double Cbmh Ag & Forea ni Dg iwt s� A isr Cn s.. eng Range Lund Use a ionul Rur=I Conuaunlry Lenler ��y.�5 Rewea ion c..i enLei H�aionu �yy��adec�Aal �P�e�aea�a,lo.�e�aamaa,. P 135 TF�•y, -tHPDDE�s s 85 A OS P,gLADIA DEVELDYMENT GD NII 55 A 137D RAMEY, WILLIAM L CUP#®9—®6 Joyce Myers Landuse Map (77-A-51 ) 0 100 200 400 i® Double Cbmh Ag & Forea ni Dg iwt s� A isr hdK'1, Wil S.ihhl i. � Gk.'P a� day; 1�'�'� � ��-' • �. CUP #09-06 Joyce Myers Aerial Map (77-A-51 ) 0 100 200 400 Feet N 1 s noubli® 0"uvt fly"+ �i ''OfY5��3�, �iietV7 �f 3y A 5'�I Road Centerlines W�crim �tetirvraias �--�'�P" aaserenai oin.in. CD ,.. CUP #09-06 Joyce Myers Aerial Map (77-A-51 ) 0 100 200 400 Feet N 1 s noubli® 0"uvt fly"+ �i ''OfY5��3�, �iietV7 �f 3y A 5'�I Submittal Deadline 2 P/C Meeting, BOS Meeting r / APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. Applicant (The applicant if the ✓ owner other) NAME: ADDRESS: U Q TELEPHONE�� ,���" �7 ��7- �9 �G✓) 673,-) S 2. Please list all owners, occupants, or parties in interest of the property: 3. The prope`fty is located at: (please give exact directions and include the route number of your road or street) .r"o�v Paul / �4 --y X ✓ iQt�4.B.*eWX �G cy' G'�rrr.y 7a.W",c, eve v-ocv--r RdW'V %few, /'s S B S ! J4. The property has a road frontage of /�J. y� feet and a depth of 31$',,7g ' feet and consists of acres. (Please be exact) J5. The property is owned by Jo e2 5 as evidenced by deed from a F, a o recorded 2v1sirumen+44 (previous o ner) in daed-book no. 020019514 or. page 31-�`, as recorded in the records of the Clerk of the Circuit Court, County of Frederick. -J6. Tax(Parcel) Identification (I. D.) No. �j.- , ? -- /37 Magisterial District Q e Current Zoning 4?A �. Adjoining Property: Ncrt USE ZONING No hmlnX� u� Z -f y Zz Easoy Sou ll�hs A6.�rcuctg -= West £ 8. The type of use proposed is (consult with the Planning Dept. before completing) /SAG ��f/y�c. - A�//�lA! �Se,&F. 9. It is proposed that the following Al i s will constructed: _�/ 4„n9'�� /ylr O i � _ � v /tom. �_ � _'�/ _ _ _ _ .. •�.� � � _ _. _ � 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of (across street from) the property where the requested use will be conducted. (Continue on back if necessary.) These people will be notified by mail of this application: NAME n C 4 ' 4- PROPERTY ID# L5 NAME W M •L • l �I� PROPERTY IDI 'S5 Pt - NAME JCr- PROPERTY ID# ADDRESS t b I -row o f i -w L1 ADDRESS 134 P.ct, I PkA L r— - ADDRESS NAME W M , L IZQI,' 6c -I ADDRESS ?�, � pF'f�?� � 44 � , PROPERTY ID#S” 4._ b PROPERTY IDI NAME PROPERTY ID# NAME PROPERTY ID# NAME PROPERTY ID# ADDRESS ADDRESS ADDRESS ADDRESS y 11. Please use this page for your sketch of the property. Show proposed and/or existing structures on the property, including measurements to all property lines. AK i ..& �x 0/ 0 �W",4e, � ��,� 4s --y auk �IIGT I (we), the undersigned, do hereby respectfully make application and pe ition the governing body of Frederick County, Virginia to allow the use described in this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors' public hearing. Your application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission, Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted. Signature of Applicant Signature of Owner Owners' Mailing Address Owners' Telephone No. I/- <o of ed!�-u,�is,_ /�z 4& .y�6 S' `- 7 49 � 7- 6 -�' L TO BE COMPLETED BY ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: 769 tot R a u j E o t Q NtteaExit No. ?B r t 1• i � a�-: NOTES T+° �, At^ r� role 1. No Title Report furnlahed. Block Bate Posts 2. The property shown on this pial is that ovor esd ` remaining portion of a larger tract Gravel Drive conveyed by Made H. Guard to Nenry Hartley by a deed dated July S. 1927 and Asphalt Road ialapph recorded at Deed Book 158, Page qqq and Encroachment Juncti Box that same Lot shown as lot "A" on a plat _ — 1 recorded at Deed Book 493, Page 583. If 3. The property shown on this plat it not in a HUD Flood Plain Area: 1 �+ LOT "A' o b I 1.04 Acre St �. t CA ' S 48°'44 36" N 119.61' William L. Ramey i D.B.493, Pg.50 I HOUSE LOCATION L 'A" LOT THE REMAINING PROPERTY OF THE A Elliott Pitchle.Jr � Henry Hartley Estate u LICENSE No t Is OP€GUON DISTRICT FREDERICK COUNTY, VIRGINIAp�' SCALE:lr=40' FEBURARY 1, 1885 r 0 SuFtvE GM v+ WINCHESTER, VIRGINIA It 4 Nesselrodt z ! ., + a + 2 Story Frame porch � i Asbestos (OP en k 4 N w [b sT c Siding ` (D .a A ,---I Stay — a G o� X3 t— Open Porch ' 'tl .� ro l .2, Block Well House \• stoop Pala°q o rh A U) i fraw i Block Shed t bG u�' C) Wo i+ (� y Block Shed. _ r: r•7 O ,y U a'o Frame �hed� *'� m 1.1' 1 w w v (D S S 48°'44 36" N 119.61' William L. Ramey i D.B.493, Pg.50 I HOUSE LOCATION L 'A" LOT THE REMAINING PROPERTY OF THE A Elliott Pitchle.Jr � Henry Hartley Estate u LICENSE No t Is OP€GUON DISTRICT FREDERICK COUNTY, VIRGINIAp�' SCALE:lr=40' FEBURARY 1, 1885 r 0 SuFtvE RITCHIE SURVEYS WINCHESTER, VIRGINIA Certified Carred To: Junior Lee Q Carolyn A. Nesselrodt 020012414 Return To: TraosContinental Title Company 5516 Falmouth Street, Suite 303 Richmond, VA 23230 Deal #27-30879 7q PROPERTY T �5-A-137 DEED 4F GIFT This conveyance is exempt for taxes imposed pursuant to Section 58.1-811 (D) Code of Virginia, 1950, as amended. CD O t?1 THIS DEED OF GIFT is made this - 2 54 r--- day of _ J v(.4 2002 by HENRY F. KENT and JOYCE E. MYERS as Grantors and JOYCE i MYERS a unmarried woman as Grantee, whose mailing address is: 625 Town Run Lane, Stephens City, VA 22655. WITNESSETH That for and in consideration of Love and Affection of the Grantors and the Grantee, the Grantors does hereby grant and convey unto the Grantee with GENERAL WARRANTY and English Covenants of Title, the following described property, located in the city of Stephens City state of Virginia (the "Properly"): ALL THAT CERTAIN LOT OR PARCEL OF LAND LYING AND BEING SITUATE IN OPEQUON MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA, I`RONTING ON THE EASTERN BOUNDARY LINE OF STATE ROUTE 1012 APPROX MATELY 1 MILE SOUTH OF THE INTERSECTION OF ROUTE 277 WITH U.S. INTERSTATE HIGHWAY 81, AND BEING MORE PARTICULARLY DESCRIBED AS LOT A, CONTAINING 1.04 ACRES ON THE PLAT AND SURVEY OF ELLIOTT RITCHIE JR C.L.S., DATED FEBRUARY 7, 1985, WHICH IS ATTACHED TO AND RECORDED WITH THE HEREINAFTER MENTIONED DEED, AND BY THIS REFERENCE HEREBY MADE A PAR HEREOF AS IF SET FORTH IN FULL. BEING THE SAME PROPERTY CONVEYED TO HENRY F. KENT AND JOYCE E. MYERS HIS WIFE RECORDED IN LAND RECORDS OF STEPHENS CITY, VIRGINIA. Commonly known as: 625 Town Run Lane, Stephens City, VA 22655. This conveyance is made subject to the easements, conditions and restrictions of record insofar as they may lawfully affect the Property. Pagel of 2 WITNESS the following signature ane. sea'-: HENR F. KENT COMMONIYEAL TH OF VIRGIAVA County of ftae ! to wit. The fo egi&g.Deed of Gift was acknowledged before me this 20•HE'ZtRY F. KENT. C 1 '• CFQ EDITHRICHAFtl7SON �r Notary Publicanwzalth of Virginias.on Expires Feb 28, 2403 otary Public �-• o � aay of Ue- o J J My Commission Expires: the following signature and seal: /L_ 6117 Y E. MYERS COMMONWEALTH OF VIRGINIA County of g5 g A) G< to wit: Z-29-•03 411 The foregoing Deed of Gift was acknowledged before me this ,'-_" Yo -day of J u,- 2002 WQYCE E. MYERS. � .1�. ••.•Lr,,'•. �. C. MERE�ITHRICHARDSON r •� G Notary Public '' n n Commonweal!h of VrBinla bty tomnission Expires Feb 2B, 20 Public My Commission Expires: Z-2 g- / a No tine' preformed on the subject property by the preparer. The preparer of this decd makes no representation as to the status of bor property use or any zoning regulations concerning described property herein conveyed nor any matter except the validity of the form of this instrument. Information herein was provided to preparer by Grantor/Grantee and/or their agents, no boundary survey was made at the time of this conveyance. VIRGRIM FREDEWQC COUNTY, 9Ci: This JustrurlDej of writi,yg was produoed to me on /0.- i0 / ,eA at and wltbCertidate of ac owledgement thereto annexed was drnitted reward. a imposed by Sec 58.1-802 of and 58.1-801 have been paid, if assessable Prepared by William E. Curphey &Assoc., P.C. Lenore C. Garen 2412 Falls Place Corot , Qerk Falls Church, VA 22043 Page 2 of 2 2Li`ejeIZZ`ea (fla de 9 Ga4; && FVeZM OlZ Je�IiCCe r THE WHITE HOUSE WASHINGTON Congratulations on receiving the President's Volunteer Service ATA and from the President's Council on Service and Civic Participation. Through service to others, you demonstrate the outstanding character of America and help strengthen our country. In January 2002, I called on all Americans to dedicate at least two years — or 4,000 hours — over the course of their lives to serve others at home or abroad. I congratulate you and all Americans who have answered this call and have earned a Bronze Award from the President's Council. Americans of all ages can serve others in countless ways, such as mentoring a child, caring for an elderly neighbor, teaching someone to read, cleaning parks, and creating safer neighborhoods. My Administration encourages every American to help their communities and our country. Through the USA Freedom Corps and the President's Council, we are building a culture of service, citizenship, and responsibility in America that will last for decades to come. Americans continue to serve and are part of the gathering momentum of mil- lions of acts of kindness and decency that are changing America, one heart and one soul at a time. Your actions are part of this change. I urge �ou to continue serving your neighbors and earn a Silver or Gold Award. I also hope that you will ask your friends, family, and colleagues to join you in serving your community and our Nation. May God bless you, and may God continue to bless America. Sincerely, r • • C COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 1V1>L+ MO1'ttAlV D U 1V1 TO: Frederick County Planning Commission FROM: Bernard S. Suchicital, Planner I •> RE: Landscape Buffer Waiver Request Master Development Plan #04-06 — Brookland Manor DATE: January 4, 2007 On July 26, 2006 the Board of Supervisors approved the Master Development Plan #04-06 — Brookland Manor. This project is for 68 townhouses and one historical residential out -lot, on 8.83 acres at the southern terminus of Brookland Lane in the Red Bud Magisterial District. The applicant is seeking the approval of the Planning Commission to modify the buffer and screening requirements for this project. Currently, there are townhouses to the north, east and west of the site. An existing single-family detached subdivision borders the site to the southwest, and the developing Abrams Pointe community is to the southeast, with an open space parcel between the two uses. Since the MDP was approved, the applicant feels that a modification to the residential separation buffer may be appropriate. This residential separation buffer was an internal buffer separating an existing historic home from the proposed townhouses. The Zoning Ordinance calls for a double row of evergreens separating the historic house from the townhouses. As such, Dewberry & Davis, LLC is requesting a waiver for Sections 165-37B(1) — Landscape Screening and 165-37C(3) — Interior Residential Screening of Chapter 165, of the Frederick County Zoning Ordinance. A copy of the proposed modifications has been included for your information. In accordance with Section 165-37C(3), the Planning Commission may allow the requirements to be waived where natural barriers, topography or other features achieve the functions of an interior separation buffer. The townhouse development has one historic single-family lot on the property. The applicant is proposing to modify the front and southern side yards. The two modified boundaries will provide a picket fence and nine flowering cherry trees in lieu of the required double row of evergreen plantings between the two residential uses. An additional 30 plantings will be located adjacent to the planned trail within the project's open space. Staff feels that these modifications will meet the intent of the Ordinance while protecting the aesthetic qualities of the historic site. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Landscape Buffer Waiver Request — MDP #04-06 — Brookland Manor Page 2 January 4, 2007 Similarly, in accordance with Section 165-37B(1), the Planning Commission may allow the requirements to be waived where natural barriers, topography or other features achieve the functions of the landscape screen. The required landscape screen consists of a totally landscaped easement at least ten feet in depth with a minimum landscaping density of three plants per ten linear feet, and they shall be at least four feet in height at planting and intended to reach a minimum height of six feet at maturity. The southwestern boundary of the townhouse development borders three residential lots of the Heritage Hills subdivision. This area consists of a steep (elevation difference of 70' or greater) and densely wooded area greater than 50' in depth, making the required plantings impractical. The applicant proposes to modify this by placing $10,000 (the equivalent value of the required plantings) into an account reserved for the HOA for long term maintenance and landscaping of the open spaces. It is proposed that the money will be required to be placed into an account prior to the 491h residential building permit. Staff feels that these modifications will meet the intent of the Ordinance. The waiver requests are enabled by and appear meet the intent of the Zoning Ordinance. Action by the Planning Commission is appropriate. No recommendation from the Board of Supervisors is necessary. A copy of the letter to the Planning Department, from Dewberry & Davis, LLC, is attached, explaining the request. Please contact our department if you need additional information. BSS/bad Attachments I EIL f s f Bayl Ile t EVES f 54H 21A 99 j Oac + alp Al }!i9 4 Syti "�h oa�Jq.� lett " 1��1t/ltrl 54H t 0 ac. -�/ 9 -`- s` PF LV RP / 9�d? zoning f Frederick County, VA Landscape Buffer Waifer Request MDP #04-06 Application rookland J manor Location in the County Parcel ID: 54-2-5;54-2-6 Map Features Application Zoning Lakes/Ponds Bt (Business Neighborhood District) — Streams B2 (Business, General District) — Topography (5 interval) OR B3 (Business, Industrial Transition District) Streets <-- EM (Extractive Manufacturing District) Primary • HE (Higher Education District) Secondary • M1 (Industrial, Light District) Terciary M2 (Industrial, General District) MH1 (Mobile Home Community District) i MS (Medical Support District) R4 (Residential, Planned Community District) w R5 (Residential Recreational Community District) RAZ (Rural Area Zone) RP (Residential Performance District) Location in Surrounding Area - o 75 150 30,0eet 1503 Edwards Ferry Road 703 771 8004 • 703 478 1335 metro , Suite 200 703 771 4091 fax YY :;$a, Dewberry Leesburg, Virginia 20176-6680 www.dewberry.com DEC 2 2 2011"6 December 22, 2006 Mr. Bernard S. Suchicital Planner I Department of Planning and Development County of Frederick 107 North Kent Street, Suite 202 Winchester, VA 22601 Re: Brookland Manor Subdivision Landscape Buffer Waiver Request Dear Mr. Suchicital: On behalf of Brookland Manor, LLC, we formally request a waiver of Sections 165- 37.C(3) Interior Residential Screening and 165-37.B(1) Landscape Screening of Chapter 165, the Subdivision Ordinance, of the Code of Frederick County. On July 26, 2006 the Frederick County Board of Supervisors approved the Master Development Plan for the Brookland Manor project. In proceeding with development plans, clear and practical improvements can be achieved for the final development with modifications to the buffer and screening requirements. The Planning Commission may waive the buffering requirements where topography or other features achieve the functions of the landscape screen. Specifically the owner requests modifications to two areas requiring landscape buffer plantings: 1. Per Section 165-37.C(3) of the Code, an Interior Residential Separation Buffer is required between the proposed town houses and the preserved historic out lot. Typically, a double row of evergreen plantings is required between the two residential uses. Through this waiver request, a modification to the front yard and southern side yard providing parking for the historic home is proposed. The two modified boundaries will provide a picket fence and nine (9) flowering cherry trees in lieu of the required evergreen plantings. In addition to the proposed fencing and cherry trees, 30 specific plantings as detailed in the attached exhibit will be planted adjacent to the asphalt trail planed within the project open space. The aesthetic appeal of the historic property will be better preserved with this modification while the value and intent of the ordinance will be met with the resulting development plans. 2. Per Section 165-37.B(1) of the Code, a residential separation buffer is also required along the southern boundary of the property. The southeast boundary adjacent to the Abrams point subdivision will maintain, through its approved development plans, an existing densely wooded slope in excess of 50 feet in depth. These areas will not necessitate additional buffer plantings since the adjacent development has already adequately provided for the separation buffer. The southwestern boundary of the development also borders a steep densely wooded area grater than 50 feet in depth. This area, however, is not in a dedicated open space and requires buffer plantings. The buffer plantings can be installed as required by the ordinance; however the densely wooded slopes of the adjacent property have an elevation difference in excess of 70 feet. This topographic constraint makes planting along the adjacent three lots of the Heritage Hills Section IA residential development boundary impractical. This waiver requests a modification to this buffer requirement by proposing to place $10,000 into 3n account for the Brookland Manor Home Owners Association. As opposed to installing the typical buffer plantings, the value of the plantings will be specifically reserved for the maintenance and landscaping of the HOA open spaces along the southern border of the development over time. The modification to the buffer planting requirements will better serve the adjoining communities than if the typical plantings are Dewberry & Davis LLC placed along the southern Boundary of the Brookland Manor development. Funding will be available for the HOA to provide long term maintenance and introduce new plantings into the adjoining open space between the two developments. It is also proposed that the money will be required to be placed into an account prior to the 49`h residential building permit. As construction documents have been prepared it has become evident that significant qualitative improvements can be made to the project with modifications to the referenced landscape buffer yards. The waiver requests for the Brookland Manor development are justified through the modification and redistribution of buffering elements throughout the development. The proposed modifications respect the intent of the ordinances while also providing for higher quality of life through enhanced open space plantings and the long term maintenance of buffering landscaping. Sincerely, David L. Frank, CLA Project Manager Cc: Dave Holliday, Brookland Manor, LLC t fx Dewberry