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PC 06-15-05 Meeting AgendaAGENDA FREDERICK COUNTY PLANNING COMMISSION The Board Room Frederick County Administration Building Winchester, Virginia June 15, 2005 7:00 P.M. CALL TO ORDER IF.M.11 1 } May 18, 2005 Minutes.................................................................................................... (A) 2) Committee Reports.................................................................................................. (no tab) 3) Citizen Comments.................................................................................................... (no tab) PUBLIC HEARING 4) To consider a request by Patton, Harris, Rust and Associates to include approximately 79 acres of land into the Sewer and Water Service Area (SWSA) and approximately 57 acres of that land into the Urban Development Area (UDA). Also, to consider a proposed Tasker Woods Land Use Plan (TWLUP), which would become an element of the Comprehensive Policy Plan. The properties are located north of Tasker Road (Route 642), east of Macedonia Church Road and west of Route 522. The subject properties are identified by Property Identification Numbers (PINS) 76-A-49 and 76 -A -48A in the Shawnee Magisterial District. Mrs. Eddy........................................................................................................................ (B) 5) Ordinance Amendment — Article IV Supplementary Use Regulations, Section 165- 48.9 Advertising Specialties — Wholesale: Removal from the Frederick County Zoning Ordinance Mr.Cheran........................................................................................................................ (C) 6) Ordinance Amendment— Article IV Supplementary Use Regulations, Section 165-48.9: Addition of Inter -Parcel Connector Streets, to the Frederick County Zoning Ordinance. Mr.Cheran....................................................................................................................... (D) FILE COPY PUBLIC MEETING 7) On behalf of David Shore, applicant and Anthony Cook, owner of this property, GreyWolfe, Inc., is requesting a landscaping waiver of Frederick County Zoning Ordinance, Article VI, RP Residential Performance District, Section 165-63.C, Open Space Requirements. GreyWolfe, Inc., is also requesting that curb, gutter, sidewalk, and streetlight requirements be waived under Frederick County Code, Article V, Design Standards, Section 144.17.L, Streets, Section 144-18, Sidewalks and Pedestrian Walkways, and Section 144-19, Streetlights. The subject property is located 300 feet south on Meadowbrook Drive (Route 102 1) from the intersection with Highlander, and is identified by Property Identification Number 8513-1-12A in the Opequon Magisterial District. Mr.Cheran....................................................................................................................... (E) 8) On behalf of Deborah Dorman Dutcher, owner of the property, Artz & Associates is requesting a Subdivision Waiver regarding Section 144-31.B.1 of the Frederick County Code. Under Section 144-5, Artz & Associates is requesting an exception to the provisions of the Subdivision Ordinance to allow the existing Dutcher property to be further subdivided, and reduce the existing 74% Rural Preservation Lot to 40% of the original parcel. The subject property is located at the intersection of Dover Lane and Chapel Road, approximately 100' west of the Route 627 intersection with Route 758, and is identified by Property Identification Number 83-A-106 in the Opequon Magisterial District. Mr.Cheran....................................................................................................................... (F) 9) Other MEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on May 18, 2005 PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; Roger L. Thomas, Vice Chairman/ Opequon District; John H. Light, Stonewall District; George J. Kriz, Gainesboro District; Pat Gochenour, Red Bud District; Marie F. Straub, Red Bud District; Robert A. Morris, Shawnee District; Cordell Watt, Back Creek District; and June M. Wilmot, Shawnee District; Charles E. Triplett, Gainesboro District; Greg L. Unger, Back Creek District; H. Paige Manuel, Member -At -Large; Gary Dove, Board of Supervisors' Liaison; Lawrence R Ambrogi, Legal Counsel; and David Shore, City of Winchester Liaison ASSENT: Richard C. Ours, Opequon District STAFF PRESENT: Eric R. Lawrence, Planning Director; Mark R. Cheran, Zoning & Subdivision Administrator; Candice Perkins, Planner; and Renee' S. Arlotta, Clerk. CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. MINUTES Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, the Planning Commission minutes of April 20, 2005 were unanimously approved as presented. COMMITTEE REPORTS Comprehensive Plans & Programs Subcommittee (CPPS) - 05/09/05 Mtg. Commissioner Light reported that the CPPS appointed Commissioner Morris to head the project for initiating a potential bicycle plan program for the County. Frederick County Planning Commission Minutes of May 18, 2005 Page 1519 -2 - Sanitation Authority — 05/17/05 Mtg. Commissioner Unger reported that rainfall for the month of April was down and less than two inches; all plants are operating satisfactorily; water levels within the quarries are in good condition; and discussion took place on upgrading the Parkins Mill plant to five million gallons per day. City of Winchester Planning Commission Mr. David Shore, City of Winchester Liaison, reported that the Winchester City Council adopted an updated Comprehensive Policy Plan last week. Mr. Shore stated that on the same evening, they approved a major rezoning involving two properties consisting of approximately 50 acres, located off Amherst Street on the west side of the City. He said that one of the properties, a five -acre parcel of land on Amherst Street owned by Clinical Properties, was rezoned from ROI (Residential Offices) to Modified B2; the remaining property, approximately 40+ acres owned by the Smith Estate, was rezoned to three different zoning districts: RB 1 (Residential Business), Multi -Family Residential, and Low Density Residential. Mr. Shore said that an important aspect of the rezoning was that one of the proffers made by the Smith Estate was the dedication of the right-of- way and the phased -in construction of Meadow Branch Avenue from Amherst Street to the southern boundary of their property. He said this leaves only a remaining 1,200' between the southern border of the Smith property and the termination of Meadow Branch Avenue. Mr. Shore said this rezoning is located across the Moffett investment property and opens the door for an important roadway for both Winchester and Frederick County. PUBLIC HEARING Rezoning Application 906-05 of Frederick Block Company to revise proffers attached to their previous Rezoning Application #01-03 for the rezoning of 2.63 acres to B2 (Business General) and 2.01 acres to B3 (Industrial Transition). The property is located on the east side of Martinsburg Pike (Rt. 11), approximately 3,400' north of the intersection of Rt. 11 and Lee Avenue. The property is identified with P.I.N. 54A -1-15B in the Stonewall Magisterial District. Action — Recommended Approval Chairman DeHaven said that he would abstain from all discussion and voting on this item due to a possible conflict of interest. He then turned the chair over to Commissioner Light to facilitate the meeting. Planner Candice Perkins stated that the property is presently zoned B2 and B3 and the applicant is requesting to revise the proffers associated with Rezoning 401-03 to remove two of the approved proffers. Planner Perkins said this revision would eliminate a single row of evergreens along the northern property line adjacent to the 50' existing woodlands strip and would also remove the proffer for the refurbishing of the old stone wall along Martinsburg Pike (Rt. 11). She added that the proffer revision would not affect the uses or intensity of the property. Frederick County Planning Commission Page 1520 Minutes of May 18, 2005 -3 - Commissioner Gochenour inquired if there was any history involved with the stone wall. Planner Perkins said that she was not aware of any historical issues involving the stone wall. Mr. Stephen Slaughter, Jr., co-owner of the property, stated that their intent is to improve the appearance of the property and the corridor at this location. He said the stone wall is in such disrepair, it would not look good in keeping with all of the other improvements they have made on the property. Mr. Slaughter said they would like to remove it and they could replace it with either landscaping or a retaining wall. Members of the Commission commented that Frederick Block, along with the H&W property, was doing a fantastic job with the appearance of their property and subsequently, the appearance of the Rt. 11 corridor will be improved. Members of the Commission were in support of the request by Frederick Block. Commissioner Light called for public comments, however, no one came forward to speak. Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of Rezoning Application #06-05 of Frederick Block Company to revise proffers attached to Rezoning Application #01-03 of Frederick Block Company. This proffer revision would eliminate a single row of evergreens along the northern property line adjacent to the 50' existing woodlands strip and would also remove the proffer for refurbishing the old stone wall along Martinsburg Pike (Rt. 11). (Note: Chairman DeHaven abstained; Commissioner Thomas was absent for this vote.) (Chairman DeHaven resumed the facilitation of the meeting.) PUBLIC MEETING Consideration of a request by GreyWofe, Inc., on behalf of David Shore, applicant, and Anthony Cook, property owner, for a waiver of the Frederick County Zoning Ordinance, Article VI, Residential Performance (RP) District, Section 165-63C, Open Space Requirements. In addition, a waiver is requested from Article V, Design Standards, Section 144-17L, Streets; Section 144-18, Sidewalks and Pedestrian Walkways; and Section 144-19, Streetlights. The property is located 300' south on Meadowbrook Drive (Rt. 1021) from the intersection with Highlander and is identified with P.I.N. 858-1- 12A in the Opequon Magisterial District. Action — Tabled Zoning and Subdivision Administrator, Mark R Cheran, reported that this application is for the subdivision of 1.717 acres into five single-family detached traditional lots with a maximum area of 12,422 square feet each. Mr. Cheran explained that the applicant has been granted a waiver of the master development plan requirements for this subdivision. He further explained that the Zoning Ordinance requires that subdivisions which are less than 15,000 square feet must provide curb, gutter, sidewalks, street lights, and open space. He said the applicant is seeking an exemption from these requirements because the adjacent properties are similar in size and do not have the identified improvements. Mr. Cheran said that the applicant is also seeking a waiver from the Frederick County Planning Commission Page 1521 Minutes of May 18, 2005 Do 0 n 17 -4 - open space requirements and, in addition, two of the lots (Lots 4 and 5) along Ewings Lane do not have access to a public road. Mr. Gary Oates with GreyWolfe, Inc. came forward to represent the applicant/agent, Mr. David Shore, and the owner, Anthony Lee Cook. Mr. Oates noted an existing 20' drainage easement across the property that was dedicated on the original Meadows Plan; however, due to the absence of dimensions or bearings, he is showing a 30' easement on his plans for the easement. Regarding the public road access, Mr. Oates said that considerable title research has been conducted and they have reached the conclusion that Ewings Lane is not owned by anyone. Mr. Oates said they are requesting a waiver so they can go across Ewings Lane in order to get to Ridgefield Avenue. In conclusion, Mr. Oates said that in lieu of setting up a homeowners association to take care of open space, he was proposing the placement of landscaping easements on the lots in the same area. Commissioner Straub said that conversations with the adjoining property owners during her site visit revealed that there were considerable drainage problems in this vicinity and specifically, on Meadowbrooke Drive. Mr. Oates described his storm water management proposal for the area; in addition, he said a grading plan will have to be submitted to the Public Works Department for each lot. Mr. David Shore, the applicant/agent for this request, stated that the owner of the property has a deeded right-of-way across Ewings Lane, which may be granted to subsequent property owners. Mr. Shore added that it was their intent to place a maintenance requirement for the right-of-way in the subdivision covenants. Chairman DeHaven called for public comments and the following persons came forward to speak: Ms. Margie Brown, an adjoining property owner and resident of the Meadows since 1972, spoke about the drainage problems and standing water problems in this area. She believed that any development on these lots would cause adjoining homes to be flooded. Ms. Brown said that the water run off and traffic from this would not only affect the Meadows, but residents in Fredericktowne as well. In addition, Ms. Brown told the Commission of a previous court case involving these lots and she was under the impression that this was a dedicated open space. Mrs. Eileen Hicks, a resident of the Meadows, was also under the impression that this area was to remain open as a park area for the neighborhood. She was concerned because the residents within the Meadows had not been notified and no signs had been posted. Mrs. Hicks also described drainage problems in the neighborhood. Miss Elizabeth Hicks, the 11 -year old daughter of Mrs. Eileen Hicks, said that she rode her bicycle through the neighborhood and did not see any posted signs about this public meeting. Miss Hicks said that the neighborhood children would like to play in this area, but the un -kept condition of the lot, with overgrown grass, vermin, ditches, and uneven gravel, make it unsafe to play. Mr. Doug Spooner believed that developing these vacant lots would only make the water problems worse. He wanted to see the drainage issues examined more thoroughly. Ms. Annette Tutton, a resident at 124 Highlander Road, said that the neighborhood residents were all under the assumption that the courts had decided, through a lawsuit, that this property could not be developed because it was a park. Ms. Tutton said that their property deeds describe this area as a park area that Frederick County Planning Commission Page 1522 Minutes of May 18, 2005 9 IJ U W rr-I was not to be built on. She added that she gets standing water in her back yard which is adjoining the property under consideration; she did not think a culvert was going to solve the problems. Mr. Shore returned to the podium to provide his understanding of the history of the property being considered. Mr. Shore said that when this subdivision was created, about 1970, the developers, Fredericktowne Corporation, retained ownership of this particular property through the Deed of Dedication. He said the word "park" was written on the master subdivision plat; however, the Deed of Dedication clearly stated that the property was not given or dedicated to the subdivision and Fredericktowne Corporation retained ownership. Mr. Shore explained that in the late 1980's, when Fredericktowne Corporation dissolved, one of the partners, Lou Costello, took ownership of the property and subsequently, Mr. Cook acquired it from Mr. Costello. He stated that the property was always owned by someone other than the subdivision; it was never owned by the subdivision. Mr. Shore said that they did, in fact go to court and the judge determined that the word, "park" was written on the plan; the judge also pointed out that the only remedy available to Mr. Cook was to request a vacation of the property from the Board of Supervisors. Mr. Shore commented that the Board made the subdivision and had the authority to take that piece out and subsequently, that is what happened. He said there were public hearings, it was advertised, letters were mailed, and there were many representatives from the neighborhood who spoke at the public hearing. Mr. Shore said the Board unanimously voted approval of the vacation in April of 2003; he provided Chairman DeHaven with a copy of the Resolution of Vacation. Mr. Shore further added that the drainage plan has been submitted to the County's engineer for review. He believed the development they are proposing will improve the drainage situation the neighbors have been experiencing. Ms. Annette Tutton returned to the podium and stated that she was never informed of the 2003 vacation meeting by the Board of Supervisors; she said she did not receive a letter, nor were any signs posted. Mrs. Eileen Hicks returned to the podium and gave her account of the judge's determination that this property was still considered to be a park. Ms. Margie Gray, a resident of the Meadows, said that she and her husband originally purchased their lot because it was adjacent to the park and provided a place for their children to play. Ms. Gray said the park was on their deed when they purchased the lot. She said that she did not receive a notice from the Board of Supervisors that the park was going to be vacated. After everyone who had wanted to speak had an opportunity to do so, Chairman DeHaven closed the public comment portion of the meeting. Members of the Commissioners expressed concerns about the confusion existing with some of the property owners about whether or not this property was a dedicated park. Chairman DeHaven explained to the property owners present that the County vacated this property and it was sold; he said that Mr. Cook has the legal right to use the property. He said the drainage will have to be addressed, but he was confident the engineers could do this. Chairman DeHaven suggested that if clear title of the land to Mr. Cook can be clarified, then the Commission can focus on the original issue brought before them. He suggested that the applicant document the events for the neighbors' information, and bring the request back before the Commission at the next opportunity. Upon motion made by Commissioner Gochenour and seconded by Commissioner Straub, Frederick County Planning Commission Minutes of May 18, 2005 0 M F Page 1523 7 ' u l mm BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously agree to table the request by GreyWofe, Inc., on behalf of David Shore, applicant, and Anthony Cook, property owner, for a subdivision and a waiver, until such time as the past events involving the subject property can be documented and brought back before the Commission. Consideration of a request by GreyWofe, Inc., on behalf of Clifton and Bunney Lewis, property owners, for a waiver of the Frederick County Zoning Ordinance, Article VI, Residential Performance (RP) District, Section 165-63C, Open Space Requirements. In addition, a waiver is requested from Article V, Design Standards, Section 144-17L, Streets; Section 144-18, Sidewalks and Pedestrian Walkways; and Section 144-19, Streetlights. The property is located on the east side of Stanley Drive (Rt. 780), 800 feet north of the intersection with Rt. 50 East, and is identified with P.I.N. 64A -A-6 in the Shawnee Magisterial District. Action — Recommended Approval Zoning and Subdivision Administrator, Mark R. Cheran, stated that the proposed subdivision appears to satisfy agency and ordinance requirements, once the waiver and the exception issues are resolved. He said the two proposed residential lots will be smaller than the adjacent lots within this established neighborhood. Mr. Cheran added that access to the proposed lots will be via Stanley Drive (Rt. 780). He further noted that the property is located within the Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA). Mr. Cheran stated that action on three items will need to be taken: 1) open space waiver (Planning Commission); 2) curb and gutter, sidewalks, and street lights exception (Board of Supervisors); and 3) granting staff administrative approval authority (Board of Supervisors). (Commissioner Thomas arrived at this point of the meeting.) Mr. Gary Oates with GreyWolfe, Inc., representing the property owners, Clifton L. and Bunney L. Lewis, stated that once the property is subdivided in half, it will not be consistent in size with the houses on the left or right sides, however, the proposed lots will be larger than the lots adjacent to the rear, and will be comparable in size to the lot directly across the street. Mr. Oates said the property in question was cut out in the early 1960's and is not a part of a subdivision. Chairman DeHaven called for public comments, however, no one came forward to speak. The Commission believed the waiver requests were appropriate. Upon motion made by Commissioner Morris and seconded by Commissioner Light, BE IT RESOLVED, That the Frederick County Planning Commission, in consideration of the request by GreyWofe, Inc., on behalf of Clifton and Bunney Lewis, property owners, does hereby unanimously grant a waiver of the Frederick County Zoning Ordinance, Article VI, Residential Performance (RP) District, Section 165-63C, Open Space Requirements; and does hereby unanimously recommend approval of the waiver from Article V, Design Standards, Section 144-17L, Streets; Section 144-18, Sidewalks and Pedestrian Walkways; and Section 144-19, Streetlights; and, does hereby unanimously recommend that the Board of Supervisors grant the staff administrative approval authority. Frederick County Planning Commission Page 1524 Minutes of May 18, 2005 Do L! L! nh -7 - DISCUSSION Discussion of an ordinance to amend the Frederick County Code, Chapter 165, Zoning, Article IV, Supplementary Use Regulations, by the removal of Section 165-48.9, Advertising Specialties- Wholesale. Zoning and Subdivision Administrator, Mark R. Cheran, stated that the Development Review and Regulations Subcommittee (DRRS), at their meeting of April 28, 2005, discussed removing this section from the Zoning Ordinance. Mr. Cheran said that this section applies to advertising specialties -wholesale use in the B2 (Business General) Zoning District. He added that advertising specialties -wholesale is an allowable use only in the B3, Ml, and M2 Zoning Districts. There were no public comments. No issues were raised by the Planning Commission. Upon motion made by Commissioner Straub and seconded by Commissioner Kriz, the Planning Commission unanimously supported the approval of an amendment to the Frederick County Code, Chapter 165, Zoning, Article IV, Supplementary Use Regulations, by the removal of Section 165-48.9, Advertising Specialties - Wholesale. Discussion of an ordinance to amend the Frederick County Code, Chapter 165, Zoning, Article IV, Supplementary Use Regulations, Section 165-48.9, by the addition of Inter -Parcel Connector Streets. Zoning and Subdivision Administrator, Mark R. Cheran, stated that the Development Review and Regulations Subcommittee (DRRS), at their meeting of April 28, 2005, discussed adding inter -parcel connector streets to the zoning ordinance. Mr. Cheran said that the proposed amendment would insure that inter - parcel connector streets are developed between adjoining parcels. He said the DRRS was in favor of the proposed amendment and recommended that it be forwarded to the Planning Commission for discussion. Members of the Commission expressed the importance of inter -parcel connectors for good future planning and the need to codify a requirement for inter -parcel connectors. There were no public comments. Upon motion made by Commissioner Kriz and seconded by Commissioner Thomas, the Planning Commission unanimously supported the approval of an amendment to the Frederick County Code, Chapter 165, Zoning, Article IV, Supplementary Use Regulations, Section 165-48.9, by the addition of a requirement for hiter- Parcel Connector Streets. Frederick County Planning Commission Page 1525 Minutes of May 18, 2005 Do H & V 7 OTHER Presentation of Frederick County's Development Impact Model by the Director of the Winchester - Frederick County Economic Development Commission, Patrick Barker The Director of the Winchester -Frederick County Economic Development Commission (EDC), Patrick Barker, stated that the EDC, on behalf of the Development Impact Model Work Group, is soliciting discussion and recommendations to the Board of Supervisors from the Frederick County Planning Commission regarding five components of the proposed Development Impact Model. Prior to the discussion on these components, Mr. Barker provided a brief overview of the functions and applications of the model and then gave a brief demonstration of the model. Mr. Barker reviewed each of the five components and discussion was held between the Commission, the staff, and Mr. Barker. The following five components were acted on by the Commission: 1) Use of the Development Impact Model's outputs for understanding projected capital facilities impacts of a rezoning request. Upon motion made by Commissioner Morris and seconded by Commissioner Gochenour, the Planning Commission unanimously recommended that the Planning and Development Department's staff be permitted the use of outputs from the Development Impact Model for projecting rezoning petition impacts in replacing the existing Capital Facilities Impact Model. 2) Revenue Assignment for understanding projected capital facilities impacts of a rezoning request. Upon motion made by Commissioner Kriz and seconded by Commissioner Thomas, the Planning Commission unanimously recommended the use of Option 42 — Assign credit based on given methodology. 3) School Children per Dwelling Unit. Upon motion made by Commissioner Kriz and seconded by Commissioner Morris, the Planning Commission unanimously recommended the use of current figures (school children per dwelling unit) until a path to a more accurate figure, or a new plan for a different path, can be pursued. 4) Use of Development Impact Model's Licenses. Upon motion made by Commissioner Kriz and seconded by Commissioner Straub, the Planning Commission unanimously recommended approval for use of the five licensed copies of the FISCALS application by: the Frederick County Finance Department (1); the Frederick County Department of Planning & Development (1 -staff use; 1 -public workstation); Frederick County Administration (1), and the Winchester -Frederick County Economic Development Commission (1). 5) Process for Updating the Development Impact Model. Upon motion made by Commissioner Kriz and seconded by Commissioner Thomas, the Planning Commission unanimously recommended approval of an annual review and update of the Impact Model, the requirement to update critical inputs within two months after adoption of the County's Annual Budget, and the appointment of a committee to oversee the update process. Frederick County Planning Commission Page 1526 Minutes of May 18, 2005 M E & V 17 .W'1I ADJOURNMENT No further business remained to be discussed and the Planning Commission adjourned by a unanimous vote at 9:10 p.m. Respectfully submitted, Charles S. DeHaven, Jr., Chairman Eric R Lawrence, Secretary Frederick County Planning Commission Page 1527 Minutes of May 18, 2005 I H M V 17 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 QN FAX: 540/665-6395 MEMORANDUM TO: Frederick County Planning Commission FROM: Susan K. Eddy, AICP, Senior Planner S(�E RE: Public Hearing — Tasker Woods Land Use Plan (TWLUP) DATE: June 1, 2005 The Frederick County Board of Supervisors at its meeting on May 25, 2005 considered the Tasker Woods Land Use Plan as a discussion item. The Board agreed with the Comprehensive Plans and Programs Subcommittee (CPPS) and the Planning Commission (PC) that it was reasonable to study the entire area (approximately 183 acres) bounded by Tasker Road, Front Royal Pike (Route 522) and the current (2004) UDA boundary. However, an incomplete land use plan for the area had been forwarded to the Board by both the CPPS and the PC. In addition, the residents in the area had differing opinions on future land uses for the area. Therefore, the Board of Supervisors agreed to hold a public hearing on the land use plan and accompanying Urban Development Area (UDA) and Sewer and Water Service Area (SWSA) expansion recommendations only for 79 acres of land (parcels 76-A-49 and 76 -A -48A) in the Tasker Woods area. These are the original two parcels that Allden, LLC had requested for UDA expansion. The Board also agreed that the rest of the Tasker Woods Land Use Plan be returned to the CPPS for further consideration and completion. The involvement of the property owners in the area in this process was requested. The land use plan that is subject to a public hearing is attached. Within this land use plan are proposals for SWSA and UDA expansions. Following the required public hearing, a recommendation regarding this Comprehensive Policy Plan revision to the Board of Supervisors would be appropriate. SKE/ dlw Attachment 107 North Kent Street, Suite 202 a Winchester, Virginia 22601-5000 ��c COo TASKER WOODS LAND USE PLAN (TWLUP) .e Staff Report for the Frederick Planning Commission Prepared: June 1, 2005 Staff Contact: Susan K. Eddy, AICP, Senior Planner 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 the discussion of this request. It may also be useful to others interested in this comprehensive planning matter. CPPB: CPPS: Planning Commission: Board of Supervisors Planning Commission Board of Supervisors Reviewed 03/14/05 04/11/05 05/04/05 (Discussion) 05/25/05 (Discussion) 06/15/05 (Public Hearing) 07/13/05 (Public Hearing) Action Discussed Recommendation forwarded Comments forwarded Directed scheduling of Public Hearing Pending Pending PROPOSAL: To consider a proposed Land Use Plan for the Tasker Woods Area (TWLUP). The TWLUP identifies future land uses and a transportation plan. To also consider expansion of the Sewer and Water Service Area (SWSA) and the Urban Development Area (UDA). PLANNED USE: Residential and Commercial LOCATION: The study area includes approximately 79 acres and is located north of Tasker Road (Route 642) east and south of Macedonia Church Road and west of Front Royal Pike (Route 522). MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBERS: 76 -A -48A & 76-A-49 PROPERTY ZONING: RA (Rural Areas) District PRESENT USE: Vacant Tasker Woods Land Use Plan (TWLUP) June 1, 2005 Page 2 ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Area) Use: Residential and Religious South: B2 (Business General) Use: Vacant M1 (Light Industrial) Use: Industrial East: RA (Rural Area) Use: Residential West: RA (Rural Area) Use: Residential PLANNING STAFF EVALUATION: Comprehensive Policy Plan Land Use The Eastern Frederick County Long Range Land Use Plan does not show any specific land use for this area. The land immediately south of the study area is planned for industrial and commercial uses. Residential and commercial uses are now proposed for the study area and these are described in the attached plan. No portion of the study area is currently within the Sewer and Water Service Area (SWSA) or the Urban Development Area (UDA). Proposals to extend the SWSA and the UDA are included in the proposed plan. Transportation The Frederick County Eastern Road Plan designates Tasker Road and White Oak Road as improved major collectors and shows a new major collector linking the north end of White Oak Road/Macedonia Church Road with Route 522. The provision of this major collector road will be the responsibility of developers in this area. A signalized intersection at Route 522 and Macedonia Church Road will also be the responsibility of developers in the area. The plan calls for a new minor collector road, beginning at the intersection of Tasker Road and Marcel Drive, extending northward through the site. The purpose of this road is to connect the residential uses of the community with the commercial uses and provide access to the small parcels on Route 522. Another critical transportation component of this plan is alternative modes of transportation, such as pedestrian and bicycle facilities. This plan, therefore, calls for an interconnected system of multi-purpose trails and sidewalks. Community Facilities and Services The proposed plan calls for a well defined park and open space system for both active and passive recreation. This should include an interconnected trail system. At the rezoning stage, all applicants will need to address community facilities and services. Tasker Woods Land Use Plan (TWLUP) June 1, 2005 Page 3 Design Considerations The Tasker Woods area is at a prominent location along Tasker Road. The proposed plan calls for heightened design standards, including increased landscaping and reduced signage. Site Suitability/Environment Environmental features in the plan area include several ponds and intermittent streams. The proposed plan calls for these to be protected and form part of the open space network. COMPREHENSIVE PLANS AND PROGRAMS SUBCOMMITTEE (CPPS) SUMMARY & ACTION OF 03/14/05 MEETING: The CPPS considered the UDA expansion request at its meeting of March 14, 2005. Mr. Charles E. Maddox Jr., P.E. of Patton, Harris and Rust Associates and Mr. Clay Athey, both representing the owners of the two properties directly mentioned in the Board resolution, proposed an all - residential scheme to the CPPS. CPPS members made a number of suggestions for a mixed-use plan. The applicant was requested to consider a mixed use plan for the area given its location adjacent to both residential and industrial development. COMPREHENSIVE PLANS AND PROGRAMS SUBCOMMITTEE (CPPS) ,SUMMARY & ACTION OF 04/11/05 MEETING: At the CPPS meeting on April. 11, 2005, Mr. Maddox presented a revised plan for the sites within the applicant's control that incorporated residential and commercial uses and a new collector road. CPPS members were agreeable to the mix of uses on the sites owned by the applicant. Discussion then focused on the other parcels in the study area. Members agreed that commercial uses were appropriate south of the intermittent stream as these sites were adjacent to commercial/industrial land. No agreement was reached on the small parcels north of the intermittent stream along Route 522. Some CPPS members believed these could be residential, even multi -family, given the close proximity to jobs. Others believed these sites could be industrial or commercial. Three residents from the Tasker Woods neighborhood, including the pastor of the Macedonia Methodist Church, spoke to the CPPS. They gave general support to the applicant's mix of commercial and residential uses, but were not supportive of industrial uses within the study area. No further consensus was reached, and thus the small parcels on Route 522, north of the intermittent stream, were shown in white; i.e., no future land use designation, on the proposed land use plan (endorsed by the CPPS on April 11, 2005). The CPPS agreed to forward the proposed Tasker Woods Land Use Plan to the Planning Commission as a discussion item. Tasker Woods Land Use Plan (TWLUP) June 1, 2005 Page 4 PLANNING COMMISSION SUMMARY & ACTION OF 05/04/05 MEETING: The Planning Commission considered this as a discussion item at their meeting on May 4, 2005. A number of property owners spoke at that meeting. Mr. David Lehr, whose property was one of the undesignated properties along Route 522, asked that the SWSA be extended to include his property. Mr. George Bagley, the owner of another undesignated property along Route 522, spoke of his past difficulties with road widenings and expressed his concerns with the widening of Macedonia Church Road. A Mr. Jim Sumption, had concerns over road widenings affecting the cemetery. Another citizen spoke of her concern over housing being built behind her property. Planning Commissioners were divided on their opinions over the undesignated properties. Some did not believe the plan should go forward to the Board until recommendations for the properties along Route 522 were included. Others did not believe a land use designation was needed at this time. Mr. Clay Athey, representing the applicant of the original two parcels, stated he did not want his application to be held hostage to the entire land use plan. BOARD OF SUPERVISORS SUMMARY & ACTION OF 05/25/05 MEETING: The Board of Supervisors considered this as a discussion item at their meeting on May 25, 2005. Reverend Dooley of the Macedonia United Methodist Church spoke in favor of residential development in the area. Mr. Clay Athey, representing the original applicant, expressed his desire to move ahead to a public hearing for the original two parcels. Supervisor Fisher made a motion to send the Tasker Woods Land Use Plan, including only the original two parcels, forward to a public hearing. This includes both UDA and SWSA expansions. The Board agreed to this proposal. The Board also requested that the CPPS re -study the rest of the Tasker Woods Area and include local residents in their discussion. Following the required public hearing, a recommendation regarding this Comprehensive Policy Plan revision to the Board of Supervisors would be appropriate. Tasker Woods Land Use Plan (Endorsed by the CPPS — April 11, 2005) (Modified by the Board of Supervisors — May 25, 2005) Introduction The Tasker Woods area presents a unique opportunity to transition a rural area wedged between rapidly developing residential neighborhoods and established industrial uses. The plan area includes approximately 79 acres and is located north of Tasker Road (Route 642) east and south of Macedonia Church Road and west of Front Royal Pike (Route 522). It includes two parcels of land - 76 -A -48A & 76-A-49. A new community is being created which will have residential and commercial uses. The area contains sensitive environmental features and these will be preserved. The community will be linked by an efficient road system, multi-purpose trails and sidewalks. Land Use The Eastern Frederick County Long Range Land Use Plan, adopted prior to this plan, does not show any specific land uses for this area. The land immediately south of the study area is planned for commercial and industrial uses, and already contains some industrial uses. The land to the east and west of the plan area is in residential use. Immediately north of the plan area are Macedonia Methodist Church and Macedonia Cemetery. None of the plan area is in the Sewer and Water Service Area (SWSA) or the Urban Development Area (UDA) as of June 2005. UDA/SWSA This plan provides for the extension of the SWSA to those areas shown as residential and commercial on the land use plan (attached), and the extension of the UDA only to those areas shown as residential on the land use plan. Residential The north portion of the Tasker Woods area is planned for residential use. Single family detached residences are encouraged along Macedonia Church Road to continue the residential pattern established to the west. Single family attached units could be accommodated further east. Given the relatively flat topography and square shape of the northern portion of the plan area, it could ideally be laid out in a grid pattern. Other uses that might be acceptable in the area planned for residential use are religious uses and local government uses. Commercial Commercial uses are planned for the land immediately north of Tasker Road and south of the intermittent stream. This will serve to buffer the residential uses from the industrial uses south of Tasker Road. The commercial component is envisioned to consist of neighborhood scale commercial uses and office uses. Priority will be given to neighborhood scale commercial uses as these will serve the needs of residents and create focal points for the new community. Strip commercial development is strongly discouraged. Consolidated entrances and inter -parcel -1- Tasker Woods Land Use Plan June 1, 2005 connectors will be encouraged to avoid multiple -entrances along Tasker Road and the new collector road. Parks The Tasker Woods area should contain a well defined park and open space system for both active and passive recreation. Neighborhood parks, possibly in cooperation with the church to the north, should be provided in central locations and be inter -connected. If the residential streets are designed in a grid pattern, the parks could be laid out as squares with the houses facing onto the square. Also part of the park network should be the interconnected trail system as noted above. Environmental Features Environmental features in the study area include ponds and intermittent streams. These should be protected and form part of the open space network for the area. Transportation The Frederick County Eastern Road Plan designates Tasker Road and White Oak Road as improved major collectors and shows a new major collector linking the north end of White Oak Road/Macedonia Church Road with Route 522. The provision of this major collector road will be the responsibility of developers in this area. A signalized intersection at Route 522 and Macedonia Church Road will also be the responsibility of developers in the area. This plan further discourages individual entrances on these major collector roads. This plan calls for a new minor collector road, beginning at the intersection of Tasker Road and Marcel Drive, extending northward through the site. The purpose of this road is to connect the residential uses of the community with the commercial uses and to provide access to the small parcels on Route 522. Other roads throughout the area will be minor collector roads or local roads. Another critical transportation component of this plan is alternative modes of transportation, such as pedestrian and bicycle facilities. This plan, therefore, calls for an interconnected system of multi-purpose trails and sidewalks. Given the close proximity of residential, commercial, and industrial sites, all of them relatively flat, a walkable environment is easily achievable. Design Principles The Tasker Woods area is at a prominent location on Tasker Road. Heightened design standards are appropriate in this area. As stated above, the area is a relatively flat area and lends itself well to a grid pattern, for both the residential and commercial components. Other design features that compliment a grid pattern are short streets, shallow setbacks and alleys. These are therefore encouraged. -2- Tasker Woods Land Use Plan June 1, 2005 Landscape features that are encouraged include saving existing mature trees, the planting of street trees, and the landscape screening of parking facilities. The commercial uses should be encouraged to coordinate and limit signage. Off-site signs should be discouraged and monument signs encouraged. All of the plan area should be provided with sidewalks and footpaths to encourage interaction between uses and walkability. Attachment -3- COUNTY of FREDERICK Department of Planning and Development MEMORANDUM TO: Frederick County Planning Commission FROM: Mark R. Cheran, Zoning Administrator ,; t. 540/665-5651 FAX: 540/665-6395 RE: Public Hearing: Removal of Section 165-48.9, Advertising Specialties - Wholesale Use, from the Frederick County Zoning Ordinance. DATE: May 31, 2005 The Development Review and Regulations Subcommittee (DRRS) at its April 28, 2005, meeting discussed removing Section 165-48.9 of the Frederick County Zoning Ordinance. This section of the ordinance applies to advertising specialties -wholesale use in the 132 (General Business) Zoning District. The Board of Supervisors approved changes to the B2 Zoning District on August 24, 2004. Advertising specialties -wholesale use is only allowed in the B3, Ml, and M2 Zoning Districts. Therefore, as "wholesale use" is no longer permitted in the B2 district, the performance standard of 165-48.9 would not be necessary. The ordinance section is included for your review. (See attachment) The Planning Commission discussed this proposed amendment at their meeting of May 18, 2005. No issues of concern were raised and members believed the change was appropriate. The Planning Commission unanimously recommended the approval of the amendment as presented. (Commissioner Ours was absent from the meeting.) The Board of Supervisors received this memorandum on Friday, May 27, 2005 for their consideration. Following the public hearing, a recommendation to the Board of Supervisors would be appropriate. MRC/bad Attachment 107 North rent Street, Suite 202 0 Winchester, Virginia 22601-5000 § 165-48.7 ZONING § 165-48.9 (c) Entrances onto the site shall clearly separate automobile traffic from truck traffic. Automobile parking and truck loading areas shall be clearly separated. (d) Parking areas shall be designed to accommodate the most intensive use of the structures. Parking may be constructed in phases to reflect required parking for the actual occupying uses, as determined by the application for a certificate of occupancy and/or change of use permit. (e) All uses shall be conducted entirely within enclosed structures. § 165-48.8. Humanitarian aid organizational office. [Added 1-27-1999] Nonprofit aid organizational offices located in the RA (Rural Areas) Zoning District shall be subject to the following requirements: A. A Category "B" zoning district separation buffer and screen, as described by this chapter, shall be provided in relation to surrounding properties containing residential uses. B. Maximum building square footage shall not exceed 15,000 square feet, or a floor area -to -lot area ratio (FAR) of 0.3, whichever is less. C. All signs shall conform with the cottage occupation sign requirements. D. No marketing of merchandise shall occur from this property. �§ 165-48.9. Advertising specialties — wholesalp. LAdded 5-10-20001 Advertising specialties — wholesale businesses located in the B-2 Business General Zoning District shall be subject to the following requirements: A. Establishments primarily engaged in such businesses shall not exceed 10,000 square feet of total floor area. B. Only 25% of the total floor area within a shopping center shall contain such businesses. C. Such businesses shall not have outdoor storage. 16572.5 5-20-2000 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 M EIII10 RAN DU M FAX: 540/665-6395 TO: Frederick County Planning Commission FROM: Mark Cheran, Zoning Administrator RE: Public Bearing: Section 165-48.9. Streets: Inter -parcel connectors DATE: May 31, 2005 The Development Review and Regulations Subcommittee (DRRS) at its April 28, 2005 meeting discussed adding Inter -parcel connector streets to the Frederick County Zoning Ordinance. This proposed ordinance amendment to the Frederick County Zoning Ordinance will insure that inter -parcel connector streets are developed between adjoining parcels. The DRRS was in favor of this proposed ordinance amendment and recommended this amendment be forwarded to the Planning Commission for discussion. The Planning Commission at its May 18, 2005 meeting forwarded this proposed ordinance amendment to the Board of Supervisors. The Board of Supervisors discussed this proposed amendment on May 25, 2005 and forwarded to public hearing. 165-48.9. Streets: Inter -parcel connectors. All residential subdivisions of more than ten (10) lots in the RP, R-4, R-5, and MS with residential uses shall have streets connecting to adjoining parcels. Any B-2 zoned parcels without a Master Development Plan (MDP) shall have streets connecting to adjoining B- 2 zoned parcels, as well as those planned for future commercial use. If adjoining parcels are developed or have had a subdivision plat approved, the connecting street shall coordinate with the existing or platted streets in the adjoining parcel. If an adjoining parcel is undeveloped, the location of the connecting street shall be as shown on the Master Development Plan (MDP) approved by the Board of Supervisors. This requirement for inter -parcel connector streets may be waived by the Board of Supervisors upon approval of the Master Development Plan (MDP) if so required, the Board finds (i) that a connector street to an adjoining parcel is not likely to be needed, (ii) that the connector street would be required to be placed in a location which is impractical for location of a street, (iii) that an adjoining undeveloped parcel is not likely to be developed in a manner to maize a connector street necessary or appropriate, or (iv) for other good cause shown by the applicant not contrary to good planning policy. All inter -parcel 107 North Kent Street, Suite 202 a Winchester, Virginia 22601-5000 Public Hearing: Section 165-48.9, Streets: Inter -parcel connectors May 31, 2005 Page 2 connectors, public or private, shall be built to the Virginia Department of Transportation engineering standards. 165-141 B.(11) The proposed location, arrangement, and right-of-way widths of roads and streets, including roads and streets providing access to adjoining parcels, shall be in accordance with Section 165-48.9. L: • C� WAIVER and SUBDIVISION APPROVAL REQUEST FOR ANTHONY COOK, SUBDIVISION #17-05 OF MEADOWFIELD Staff Report for the Planning Commission Prepared: May 31, 2005 Staff Contact: Mark R. Cheran, Zoning Administrator 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: 05/18/05 Tabled 06/15/05 Pending Board of Supervisors: 07/13/05 Pending LOCATION: This property is located on the west side of Meadowbrook Drive (Route 1021), 300 feet south of the intersection with Highlander Road (Routel020). MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBER: 8513-1-12A PROPERTY ZONING & PRESENT USE: RP (Residential Performance) District Land Use: Vacant ADJOINING PROPERTY ZONING & USE: North: Zone RP South: Zone RP East: Zone RP West: Zone RP Use: Residential Use Residential Use Residential Use Residential SUBDIVISION SPECIFICS: Subdivision of 1.717 acres into five single family detached traditional lots (maximum area of 12,422 square feet each). Subdivision Application #17-05 May 31, 2005 Page 2 REVIEW AGENCY COMMENTS: Department of Transportation: The application for subdivision of this property appears to have measurable impact on Routes 1021 and 1065, the VDOT facilities which would provide access to the property. Before development, you will need to contact Mr. Bill Stover, Maintenance Superintendent at our Stephens City Headquarters at (540) 869-1100, to secure the necessary private entrance permits. Entrances will have to be constructed to VDOT standards to allow for safe egress and ingress of the property. Fire and Rescue: Water supplies for firefighting shall meet the requirements of Frederick County Code Section 90-4. Plan approval recommended. Sanitation Authority: Need copies of all recorded easements. Public Works: No comments Inspections: Dwellings shall comply with The Virginia Uniform Statewide Building Code and the International Residential Code/2000. Engineering may be required on foundations of lots 4 and 5. Parks and Recreation: No comments GIS• No comments Frederick County Public Schools: Based on the information provided, it is anticipated that the proposed five single family homes will yield one high school student, one middle school student and two elementary school students for a total of four new students upon build -out. Significant residential growth in Frederick County has resulted in the schools serving this area having student enrollments exceeding the practical capacity for a school. The cumulative impact of this project and others of similar nature coupled with the number of approved, undeveloped residential lots in the area and other projects will necessitate future land acquisition for the purpose of new school facilities to accommodate increased student enrollments. The impact of this subdivision on current and future school needs should be considered during the approval process. Planning Staff Review: Public Meeting Requirement The Subdivision Ordinance requires that land divisions in the RP (Residential Performance) Zoning District, without an approved master development plan, be presented to the Board of Supervisors for final approval (Chapter I44 -12-B). The Master Development Plan (MDP) requirement may be waived under Section 165-134A of the Frederick County Zoning Ordinance Subdivision Application #17-05 May 31, 2005 Page 3 provided: 1) A proposed subdivision contains ten (10) or less traditional detached single-family dwelling units. 2) The proposed subdivision is not an integral portion of a property proposed or planned for future development. 3) The proposed subdivision is harmonious with the surrounding properties and land uses. 4) The proposed subdivision does not affect the intent of the Frederick County Zoning Ordinance, and Code of Frederick County Chapter 144; Subdivision of Land. This proposed subdivision appears to meet the requirements for a waiver from the MDP requirements. The applicant has been granted a waiver of the MDP requirements. This project contains land zoned RP and does not have an approved MDP; therefore, Planning Commission and Board of Supervisors review and action is necessary. Background The Board of Supervisors approved the Meadows Subdivision on October 9, 1972. The proposed subdivision (Exhibit "A") will create five single family detached traditional lots. These proposed lots are allowed in the RP Zoning District, under Chapter §165-6513 of the Zoning Ordinance. Public water and sewer will be utilized by the proposed lots. Requested Waivers The Frederick County Zoning Ordinance requires that subdivisions which result in lots less than 15,000 square feet must provide: curb and gutter, sidewalks, streetlights, and open space. The applicant has sought an exception from these requirements, as the adjacent properties are of similar size and do not have these identified improvements. In fact, the adjacent lots, as well as the entire The Meadows subdivision, are comparable in lot size are sans the identified improvements. Therefore, the applicant has requested a waiver of the improvements. • The applicant is seeking a waiver from the open space requirements, enabled by Section 165-63C; this open space waiver is at the discretion of the Planning Commission. • The applicant is seeking an exception from the: streets (144-17); curb and gutter requirements (Section 144-17L); sidewalks (Section 144-18(1)); and streetlights (Section 144-19). These exceptions may be granted by the Board of Supervisors (Section 144- 5), with a recommendation form the Planning Commission. STAFF RECOMMENDATION FOR 06/15/05 PLANNING COMMISSION MEETING: The Planning Commission at its May 18, 2005, voted to table this application to allow the applicant time to provide the Planning Commission answers to any possible outstanding legal issues. This property was vacated by Frederick County on April 23, 2003, as noted by the resolution attached with this subdivision request. This property is owned outright by Mr. Cook as noted by the legal documents. The proposed subdivision appears to satisfy agency and ordinance requirements, once minor issues are addressed. The proposed five (5) residential lots will range in size from 12,422 to 19,805 square feet. These proposed lots comply with the dimensional Subdivision Application #17-05 May 31, 2005 Page 4 requirements of the single family detached urban housing type, in particular, the minimum lot size of 12,000 square feet. Access to three (3) of the proposed lots to be directly onto Meadow Brooke Drive (Route 1021) with two (2) lots having access onto Ridgefield Ave (Routel065). This property is located within the UDA and SWSA as indicated in the 2003 Frederick County Comprehensive Policy Plan. When considering the waiver requests, the Planning Commission should consider the surrounding properties and their existing improvements. Staff is seeking administrative approval authority; therefore, a recommendation from the Planning Commission to the Board of Supervisors regarding the subdivision request is desired. Action on three items would be appropriate: • Open Space waiver (PC Waiver) • Street frontage, curb and gutter, sidewalks, and street lights exception (Board waiver) • Granting staff administrative approval authority (Board action) +6 EO" Z 03 p 6 6 47 AVILA 85B 21 47 F 44 BSB °!TI m Qs�yy 56 a56 65 48 LUCCIOLA A- 85B 21 48 43 CLARK y 64 a 85B 21 43 49 ADAMS B 6S6 85B 21 49 o� o 42 2�Fip 3 42 �'b'hlandPrRa 41 50 MERRITT wrn 85C 12 50 56 BEATTIE PARK 51 85C 12 56 85C 12 51 ^ti BF 6SC?FTT �JAA,� \ `�► Oyu 52 T 8 GRAY 85B 1 8 01 loll 67 �c� 6 6 55 66 � Qs�yy 56 a56 65 A- y 64 a 63 o� o 3 �'b'hlandPrRa 62 v 10 wrn ^ti Oh0 12 �JAA,� \ `�► Oyu WILLIAMS 6 68 858 1 68 0 a COOK ¢ 10' `b, 12A 85B 1 12A 83 55 Qy 8� 14, y 13 6 BF�c 53 G <,5 6se ry/� 14 5400 Q � U ,at' 2 \` 15 6S8 44 102 1 1g Map Features /N/ Ranges ^ Plication / Culrts vey Parcels Lakes/Ponds IAVDams Agricultural & Fo—tl l Districts +M1r•- Streams ^;� Retaining Walls - Doum ('b,> h Buildings Road Centerlines ® Refuge church N Tanks O South Frederick `Trans W E S 69 6sO;%' �0 O,t, 60 B 70 6SB��'Po,P t 6so 2 9 �0 8`sO G��y F 6? O 71 6S6 �9�OS 81 72 8� ti 80 6Se °°cF FD 60 73 858 RDS 79 856 IGH7 28 74 1 79 Subdivision # 17 - 05 Meadowfield (85B -1-12A) 0 50 100 200 Feet / Exhibit "A" FINAL SUBDIVISION PLAT FOR THE LANDS OF ANTHONY LEE COOK TO BE KNOWN AS MEA DO WFIELD OPEQUON MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA MARCH 23, 2005 OWNER'S CERTIFICATE THIS SUBDIVISION SURVEY OF THE LANDS OF ANTHONY LEE COOK AS APPEARS ON THE ACCOMPANYING PLAT IS WITH THE CONSENT OF AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS, AND TRUSTEES, IFANY. SIGNATURE - ANTHONY LEE COOK COMMONWEALTH OF !/IRGINIA CITY/COUNTY OF BEFORE ME THIS_ DAY OF_ TO WIT: THE FOREGOING OWNERS CERTIFICATE WAS ACKNOWLEDGED 2005, BY: PRINTED OWNER PRINTED NOTARYPUBLIC SIGNATURE NOTARYPUBLIC MY COMMISSION EXPIRES SURVEYORS CERTIFICATE I HEREBY CERTIFY THAT THE PARCELS CONTAINED IN THIS SUBDIVISION SURVEY ARE THE LANDS CONVEYED TO ANTHONY LEE COOK BY DEED FROM JOY H. COSTELLO AND LEWIS MICHAEL COSTELLO, OF RECORD IN THE FREDERICK COUNTY CIRCUIT COURT CLERK'S OFFICE IN DEED BOOK 957 AT PAGE 01 DATED JANUARY 27, 2000, & INSTRUMENT 010001262 DATED FEBRUARY 7, 2001, GARY R. OATES, LAND SURVEYOR PARENT TRACTS APPROVAL PARCEL 85B -(1)-12A 1.717 ACRES FREDERICK COUNTY SUBDIVISION ADMINISTRATOR DATE ZONED: RP o��PLTH Op GARY R. OATES v No. 1518-B SUP"jI FREDERICK COUNTY SANITATION AUTHORITY DATE VIRGINIA DEPARTMENT OF TRANSPORTATION _GreyWolfe, Inc. Land Surveying and Consulting DRAWN BY: GRO FILE NO: 010. DATE 1073 Redbud Road Winchester, VA 22603 GreyWolfelnc@aol.com com 540-545-7823 OFC 540-545-4001 FAX SHEET 1 OF 4 NOTES 1. AFIELD SURVEY WAS PERFORMED BY GREYWOLFE, INC. IN JUNE OF 2003, 2. BASIS OF MERIDIAN IS BASED ON THE SUBDIVISION SURVEY OF RECORD BY H. BRUCE EDENS, CLS, DATED MAY 11, 1970 OF RECORD IN THE FREDERICK COUNTY CIRCUIT COURT CLERK'S OFFICE IN DEED BOOK 363 AT PAGE 663, 3. A TITLE REPORT HAS NOT BEEN FURNISHED; THEREFORE, OTHER EASEMENTS OR ENCUMBRANCES MAY EXIST THAT ARE NOT SHOWN ON THIS PLAT. 4. THESE PARCELS ARE LOCATED ON F.I. R. M. COMMUNITY PANEL - No. 510063 0200 B - DATED JULY 17, 1978 -IN FLOOD ZONE 'CAREAS OF MINIMAL FLOODING. 5. GRADING AND LOT DRAINAGE IS THE RESPONSIBILITY OF EACH LOT OWNER. ABBREVIATIONS AREA TABULATION BRL = BUILDING RESTRICTION LINE ESMT = EASEMENT LOT ADJ. ACREAGE EX. = EXISTING 1 0.285 ACRES IPF = IRON PIPE FOUND 2 0.306 ACRES IRF = IRON ROD FOUND 3 0.293 ACRES PR. = PROPOSED 4 0.455 ACRES RES. = RESIDENTIAL 5 0.378 ACRES R. 0. W. = RIGHT OF WAY p = PROPERTY CORNER FOUND 85B -(1)-12A = 1.717 ACRES p = 5/8" IRON ROD SET I \ I I O Q� 0 O Q LOT 1 �\ LOT 0^ � I a � LOT Z LOT 5 LOT 3 ti 80' 0' 80' rr GRAPHIC SCALE FINAL SUBDIVISION PLAT FOR THE LANDS OF ANTHONY LEE COOK TO BE KNOWN AS STH of �r�c o'�P MEADO WFIELD OPEgUON MAGISTERIAL DISTRICT U GARY R. OATES FREDERICK COUNTY, VIRGINIA 1073 Redbud Road No. 1518-B GreyWolfe, Inc. Winchester, VA 22603 O Land Surveying and Consulting GreyWo/felncCoaoL.com 540-545-7823 OFC SURv� 540-545-4001 FAX FILE NO: 0103 DATE: MARCH 23, 2005 SCALE: 1" = 80' 1 SHEET 2 OF 4 85B-(1)-10 85B-(1)-11 85E MARK & 12 TUTTON NNETT DAYSTAR HEATING & DONALD D. & 030004 E COOLING, INC. BRENDA G. WELSH ZONED: RP DB 790, PG 1582 I DB 756, PG 413 SHED USE: RES. 1/2 IRF p ZONED: RP USE: RES. ZONED: RP USE: RES. SHED HED 00,(TOTAL) 5.61°36' 27 E 5/8&'I-LRAF '1/2IRF psi loll AGE1� B.P.L. QSEDASEMENT PRNOSCAPIN. , I o V LOT 1 m `� 0 12,422 sf 0.285 ACRES 10.24' O L. J 10' 8. R. E _ lgp,44' EASEMENT _ _/, / WgTERL�E10.24' PRIVATE 5 58°50'02' pSED �f —=178.25 PRO�N 58°50'02' EASEENT' —� F �14.40' R i �0 SANit / .o p W 186.05`: 20' DRAINAGE EASE_ 20'0 50' �_ "W N. 5.8 26 B.R.L. z LOT 2 m I v °p 4 13,346 sf 0.306 ACRES 2E P N 54°26'35" W 170.93' j O O a 10' B.R.L. 0 I .. _o LOT 3 Q °p 12,755 sf m ,T .y N 0.293 ACRES M W o. 10'B.R.L. PROPOSED 10' DRAINAGEANb LANDSCAPING EASEMENT N 50°1734" W 164,83' 1/2'IRF 85B-(1)-13 SHED KENNETH F. & PATRICIA L. LINEBERG SHED DB 773, PG 1015 HOUSE ZONED: RP USE.- RES. FINAL SUBDIVISION PLAT FOR PLT H OF V THE LANDS OF ANTHONY LEE COOK TO BE KNOWN AS ISG, MEADO WFIELD o OPEQUON MAGISTERIAL DISTRICT u GARY R, OATES v FREDERICK COUNTY, VIRGINIA 1073 Redbud Road No. 1518-B Greyftlfe, Inc. Winchester, VA 22603 SUPV�-- Land Surveying and Consulting Gm 540-545-7823 OFC 540-545-4001 FAX FILE NO: 0103 DATE: MARCH 23, 2005 SCALE: 1 " = 30' 1 SHEET 3 OF 4 858-(1)-8 85B-(1)-9 85B-(1)-10 HAROLD V. GRAY, IR IRMGARD HERMAN DAYSTAR HEATING & DB 373, PG 178 DB 880, PG 33 COOLING, INC. ZONED: RP DB 790, PG 1582 USZONED: RP E: RES. USE: RES. ZONED: RP IRf 0 O USE: RES. 5/87RF S 44°3? n0"E _ 12 "IRF 84 (TOTAL) —��-0 1/2'IRf �---- PR. 10' D/ZgINAGE &LANDSCAPING ESMT . Z_ om LOT 4 'n po; 19,822 sf h e \ 0.455 ACRES ^+ 16 93' / . 6?°0 \ !z 168.47 N 61°52'05 W 13.08' 1 19.48' C) \ rn � 02� 5 O 02,; W - 147.0 m• N \r LOT 5 0 m 16,450 sf rn o 0.378 ACRES z 0 6' \ i. ... per; Va 314 "IRF 10' B.R.L. T PR. 10' DRAINAGE & LANDSC, \ D -CJ N 50°1734" W - 91.62' (TOTAL) � 10' SING ESMT , 1/2'IRF 85B-11 -13 n EASEMENT NOTES SHED KENNETH F. & PATRICIA L. LINEBERG DB 773, PG 1015 ZONED: RP USE., RES. 1. THE 20' SANITARY SEWER EASEMENT SHOWN IS HEREBY DEDICATED TO THE FREDERICK COUNTY SANITATION AUTHORITY OVERLAPS EXISTING DRAINAGE EASEMENT. 2, A PRIVATE 10' SANITARY SEWER EASEMENT OVER LOT 2 TO BENEFIT LOT 3 IS HEREBY DEDICATED. 3, THE 10' DRAINAGE AND LANDSCAPING EASEMENTS SHOWN ALONG THE PERIMETER IS INTENDED TO DIRECT DRAINAGE FROM NEIGHBORING PROPERTIES, PROPOSED HOUSES ON THE NEW LOTS, AND TOWARDS THE LARGER 20' AND 30' 4. DRAINAGE EASEMENTS IN THE CENTER OF THIS PROJECT. THE LANDSCAPING ASPECT OF THE EASEMENT IS INTENDED TO RECEIVE THE REQUIRED TREE PLANTINGS AS REQUIRED BY THE COUNTY ZONING ORDINANCE SECTION 165-36.A. 5, AN EXISTING 15' DRAINAGE EASEMENT WAS SHOWN ON THE PLAT BY H. BRUCE EDENS ENTITLED "THE MEADOWS'AND RECORDED IN DEED BOOK 363 ON PAGE 664, HOWEVER, THIS DRAINAGE EASEMENT WAS NOT DIMENSIONED INFERRING THAT IT WAS TO BE OVER THE EXISTING SWALE OVER THIS LAND AS IT MIGHT MIGRATE OVER TIME. THIS PROJECT HEREBY INCREASES THE WIDTH OF THIS EASEMENT TO 20' OVER A PROPOSED CUL VERT DIRECTING THE FLOW, AND 30' WIDE WHERE IT ENTERS EWING LANE. THIS HAS BEEN DONE TO INSURE ADEQUATE AREA TO ADDRESS ANY FUTURE DRAINAGE ISSUES. FINAL SUBDIVISION PLAT FOR LTH OFTHE LANDS OF ANTHONY LEE COOK TO BE KNOWN AS MEADO WFIELD r � OPEQUON MAGISTERIAL DISTRICT U GARY R. OATES v FREDERICK COUNTY, VIRGINIA No. 1518-B 1073 Redbud Road GreyWolfe, Inc. Winchester, VA 22603 `9N0E�� Land Surveying and Consulting GreyWo/felncnaaoL.com SURv 540-545-7823 OFC 540-545-4001 FAX FILE NO: 0103 DATE: MARCH 23, 2005 SCALE: 1 " = 30' 1 SHEET 4 OF 4 APPLICATION AND CHECKLIST SUBDIVISION FREDERICK COUN'PY VIRGINIA Date: Application 1 Fee Paid4 too Applicant/Agent: David Shore Address: 2045-A Valley Avenue Winchester, VA 22601 Phone: 665-2197 Owners name: Anthony Lee Cook Address: 5546 Valley Pike Stephens City, VA 22655 Phone: Contact Mr. Shore 665-2197 Please list names of all owners, principals and /or majority stockholders: Anthony Lee Cook Contact Person: Gary Oates N GreyWolfe, Inc. Phone: 545-7823 Name of subdivision: Meadowfield Number of Lots Property Location. 5 Total Acreage 1.717 acres Westside of Route 1021 (Meadowbrook Drive) & 300' south of intersection wth Highlander Road (Give State Rt. #, name, distance and direction from intersection) Magisterial District Opequon Property Identification Number (PIN)) BSB -1-12A 8 Property zoning and present use: Zoned RP and Vacant Adjoining property zoning and use: Zoned RP with residences Has a Master Development Plan been subrnitted for this project? Yes X No If yrs, has the final MDP been approved by the Board of Supervisors? Yes What was the Master Development Plan title? MDP was Waived Does the plat contain any changes from the approved MDP? If yes, specify what changes: Minimum Lot Size (smallest lot): 12,422 sf Number and types of housing units in this development: * s s No Yes X No 5 single family detached I have read the material included in this package and understand what is required by the Frederick County Planning Department I also understand that all required material will be complete prior to the submission of my site plan. Signature: _ Date: `//-2/��-' BRUMBACK LAND i Vol NE, GAP GO A \0'O 0 iS 00.0. ro .00 60-5 �00 00 V10- ee.00 OlEn, 11 . V ()9 P 49 . :1 8- 3 13.459 Ar 142.94 LIP, r 39 13 2E5 GUARD LOT 140.00 .CD 48 co 11. 900 APPROVED FCh:!IMAL OR LATER co ft -t V3. DEPT OF HIGHWAYS "by-- VA. DEPT OF HEALTH 47 11,900 pr po H.C.aziEui'PLS E -N-0- DIRECTOR 140.00 � SANITARIAN 46 ml 2, .11,918 'id I FREDERICK COUNTY BOARD OF S)JPERVISORS -140.42 7iMlli7li�T X�R GHAIRMAW� mg 45 9.36 8 BOWMAN THE ABOVE AND FOREOOlf:G SUEDIVISION OF I LAND THE FREDERICKTOWNE COnPAUY AS APPEARS IN THIS PLAT IS 177TH THE FREE CONSENT AND IN wI ACCORDANCE WITH THE DESIRES OF THE UNDER - 4 954 SIGNED OWNERS, EIROPRIETORS AND TRUSTEES IF ANY. i 11, %d j— FREDERICICTOV,NE CO','7ANY ROBERT $.BARBOUR, SECRETARY 43 11,971 )ef HEREBY CERTIFY THAT THE LAM IN THIIS SUC!)jVIS!-" IS A PCqTICN OF THE cp LAND CONVEYED TO FIR, =-- I0XTV=M CO. CD By DC -EDS DATED 15 APRIL 1970 IN !A 42 SOM 332 PACE 553 AND DEEDBOa( 382 11,989 PAGE 5W. r 14,1110 H. BRUCE EDENS, FL -:i.-- 41 12.007 fif Sc 1 A*I5 P 40 IP.025yr . :1 8- 3 142.94 LIP, r 39 13 2E5 pl pl V13 -;A'fq' 601 - 0 36 lit aco 10. eoc2ft' 401b NEFF LOT ----..- FINAL --PLAT-- . -.-- "THE MEADOWS" SUBDIVISION OPEQUON DIST. FREDERICK COUNTY, VA. 11 MAY 1970 SCALE' 1"- 100' H. BRUCE EDENS, C.L.S. SHEETI OF 4 NOTE - 1. V FRO*JT ISUILDIMS RESTRICTION LINE 04 ALL Lars. 2. 10' RZT:!RVED STRIP ALC':' LANE RETAINED BY FR-MCMICKTOINNE C=F"Y. S. a< 18, 324 J� L 03 � 1 Qc� 9..: 51 ` 13 088 fG, . - �rU JO�2 PARKI i 10' Ar 10,11 fi! n, arl'213. T1.393 I;II,F60 ; ^ pp TM 3Hi 1 I1 ad 1.Qoo I I 12,300 d o to 4p 12, II,E�x 4� a `.12 !3 - 12,143,Xr., MFAQOIVR '�Olf 11, 900 fi( lE 140.00 c}C y I es.o0 W! D rr.000 31 : e8 00 � 8g Oo 00 �4 33 ea. ►1 "r 1 j'soo� 11 3g d J FIN At PL T FREDERICKTOWNE COMPANY - Rlnc��R SND "THE MEADOWS" SUBDIVISION OPEQUON DIST. ,;.y'. IPP COUNTY, VA. , d. AY 19M -'r EZ" s f {Sau.. t o 173 (:"._S LFREDERICK j ` : '• H. BRUCE EDENS, C.L.S. ..a. ' - 5 . LA>:n SHEET OF, I �. ?':• /4 ., f'.Y.. P. .. ` 1. -' 1., .r 4:. 1�-�w.... _f..�. .-. . t.:... __ _ s- . , . ... ... ' ., r r , p- ORUt IMICK LAND BCOK 3b3 fAb'E F4 K„� n szRip, . to ,� BY . _ RACEY LAND FINAL PLAT FREDERICKTOWNE COMPANY "THE MEADOWS" SUBDIVISION OPEQUON DIST. FREDERICK COUNTY, VA. MAY 197(1 u H. BRUCE EDENS , C.L.S. SHEET 3 OF 4 ._ Ij v !„ FI J VE a3 4 sO, w E 0 RITENOUR LAND WE 333 P;'E G66 "THM rEWAS" SUBDIVISION -. CURVE TACE - CURVE R0. DwG. 17IT7, SEC AOIU ZANIF171 AU . CHORD CHORD FEARING 1 90 03 28. . �. 20.00 .t 20.02 31.44 28.30 N 38 28 06 w i 2 89 56 . 32� 20.00 19.98 31.43 28.21 N 51 31 54 s 3 68., 12 4 Oj - 20.00 13*141 ;{1.80 22.43 H Zl 32 24 x " -29:5439.03 111 47 5520.00 I 33.12 1 3 62 77 35 w ----- --� - 5 -74 - 1.3 -. 35 - _20.00 15.21 26.08 i 24.Z7 { s 60 59 45 x 6 105 16 25 -, 20,00 26.19 36.75 31.79 } N 09 00 15 x 7 105 -�16 - 8 '" 74 +43 23 -- - ' 20.00 ~ 26.19 36.75 !I 3-1.79N 09 00 15 x X35 ; • . 20.00 15.27 I 26.08 24.27 3 80 59 45 w 9 74 43 10 105 16+ 35 20.00 15.27. It 26.08 24,27 s 80 59 45 w 25 20.00 26.19 11 68 12 ' 1 36.75 31.79 1 H 09 00 15 w '05 170.00 115.102oz.36" 190.62 5 27 32 25 3 12 68 12 o5 23o.00 155.73 213.76 1257.90 s 27 32 25 S 13 86 ...' 34 •; 59 . 6o.00' 56.52, 90.67 92.29NN 0200 29 S 14 .86 34 15 I..' 93 25. 58 `~. 120.00. 13,3.05'' 181.34 164.57N 0 20 29 E .02, 60.00 X63.69 97.83 87.35 R 89 39 31 x 16 : 93 25 :`02 120:009 195.65 174.69 N 89 39 31 w Ch'DRDS OF LOTS ON CURVE IAT N0. CHORD CHORD BEARING _ 7 •. + 70.88 S-02181,6 18 16 E __-_-71.72 S 20 08_30 E 9 ---70.49__ 37.55 38. $ _l0 15 -s 59.63 _--_ s 54 11 27 s_ - 15.89 - _ _A 07 S 16 39.51 6344 - f 20 47'31 f 17 _'6J.24 `N 09 45 3A -N- - 2b 20 - --p-33 _59 '51-7-- 21--= 29.8 -_--_Z9�24 22 N32_3130 x 63.24 - -- 23 s 76 55 02 w > 37-56 s 52 ,38 06 w - S1 �-67 _ _.49.92 --- sof J1_$LE _ T -_T--_-_ 130.25 s- 3z. 49. 5g Tis "� _E --° ---67.35 -x"36 N 89 39 31 x - c g- ERCCE fi��S. C � S4.17-3 (L)1`•L 4 Q May 20, 2005 MEMO TO: Mr. Charles DeHaven, Jr., Chairman, Mr. Roger L. Thomas, Vice - Chairman, Ms. June Wilmot, Mr. Cordell Watt, Mr. Greg Unger, Mr. Robert Morris, Mr. Page Manuel, Mr. John Light, Mr. George Kriz, Mr. Charles Triplett, Mr. Rick Ours Mrs. Pat Gochenour, Mrs. Marie Straub, Ms. Barbara VanOsten- Supervisor, Gary Dove -Supervisor, Mr. Lawrence Ambrogi, Commonwealth's Attorney, Eric Lawrence -Planning Director, Mark Cheran-Subdivision Administrator FROM: Dave Shore/ Anthony Cook RE: Subdivision Request- 1.7 acres, Stephens City (Meadowfield) The Planning Commission on 5/18/05 tabled our request for various waivers and recommendations to the Board of Supervisors for subdivision approval, asking for more information on the ownership of the subject property. We are providing that information below with supporting documentation. In an attempt to keep it concise, we are providing the information chronologically. It will show that Anthony Cook is not only the legal owner of record of the tract but also the adjoining property owners have no claim to any ownership or use of the property. Finally, that all actions we've done have been legal and fully within the regulations and guidelines of the Fred. Co. Planning Commission and Frederick Co. CHRONOLOGY OF THE 1.7 ACRE TRACT NOW CALLED "MEADOWFIELD" April, 1970- Sale of 31.545 acres of land Stickley- Fredericktowne Company Tract that will be subdivided into The Meadows S/D-Exhibit 1 May, 1970 -Page 4 of the Deed of Dedication of The Meadows subdivision. Par. 14 -Declares title to "park area' reserved to Fredericktowne Co. and IS NOT dedicated to public use. Exhibit A June, 1976- Letter from Fredericktowne Co. to all Meadows residents offering "Park" free to them for 60 days if Home Owner's Assoc. is formed. No action is taken by property owners. Exhibit B February, 1987- Deed for 72,393 s.£ "Park"' tract- Fredericktowne Co- Lewis Costello. Done in dissolution of Fredericktowne Co. —Exhibit 2 March, 1988- Memo from Bob Watkins, Planning Director to Ken Stiles, Chairman, Fred. Co. BoS. Notes ownership of tract by Fredericktowne Co.., tax records showing Lewis Costello as owner, notes that open space was not required by county for subdivisions then and from Mr. Watkins that he saw no problems with developing the space. Exhibit E January, 2000- Conveyance of 72,393 s.f. "Park" tract- Joy Costello/Lewis Costello Estate to Anthony Cook Exhibit 3 March, 2000- First unanimousVacation by BoS (ruled invalid by Judge Prosser due to insufficient notice) Exhibit April, 2003- Memo from Jim Doran, Director of Parks & Rec. to John Riley - Reports that Parks and Rec does not own the "park" and that it is not desirable for development as a park. Exhibit. 4 April, 2003- Copies of two Winchester Star advertisements ((4/9/03 & 4/16/03) for 2nd vacation public hearing. ( Residents at last Planning Commission meeting said no notice was given even though 15 of them did attend & speak). Exhibits 5-A & 5-B April, 2003- Memo from John Riley to Fred. Co. BoS Exhibit 6 April, 2003 Notice of Public Hearing on Vacation Resolution (2nd time) Exhibit 7 April, 2003- Second Vacation of Interest by Frederick Co. BoS. Newspaper, signage, letters to 300 ft. neighbors & public hearing requirements all done - unanimous vote to vacate tract Exhibit 8 556 C� HI9IT I 1564 ROBERT K. STIC=, EXECUTOR & TR. TO: DEED FRMERICKTOWNE COMPANY � noes 362 r3cF 556 THIS DEED made and dated thisday of April, 1970, by and between Robert K. Stickley, Executor and Trustee under the Will of Mary Evelyn Stickley, deceased, party of the first part, and Fredcrick[owne Company, a Virginia Corporation, party of the second part. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt of all of which is hereby acknowledged, the party of the first part does hereby grant, bargain, sell and convey, with Special Warranty of title, unto the party of the second part, its assigns or successors in title, all of that certain tract of land, together with all rights, privileges and appurtenances thereunto belonging, lying and being situate in Opequon Magisterial District, Frederick County, about one-half mile Southeast of the Town of Stephens City, Virginia and near what was formerly known as the White Post Road, adjoining the lands formerly belonging to Ewing, Dinges and others, containing 31.545 acres, more particularly described on the attached plat and survey of hl. Druce Edens, C. L. S., dated February 3, 1970. In addition thereto, and in consideration of the additional sum of Ten Dollars ($10.00) and other good and valuable consideration, the party of the first part does hereby grant, convey, and transfer, unto the said party of the second part all of his right, title and interest, of every sort and kind, both at law and in equity, in and to that property located adjacent to, and to the west of, the aforesaid 31.545 acre tract, said property being labeled as "Ewings Lane" on the attached plat and survey. The aforesaid is property which was devised to Robert K. Stickley, Executor and Trustee, with full power of sale under the Last Will and Testament of Mary Evelyn Stickley, deceased, dated November 9, 1939 and BOOK 332 PAGE 557 probated in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Will Book 55, Page 149, and is the same tract or parcel of land which was conveyed by B. A. Lemley, Katie S. Lemley, his wife, G. F. Lcmlcy and Mattie E. Lemley, his wife to P. B. Stickley and M. Evelyn Stickley, his wife, by deed dated November 6, 1909, recorded in the afore- said Clerk's Office in Deed Book 131, Page 115, and which interest of P. 13, Stickley was conveyed to Mary Evelyn Stickley by deed dated September 21, 1939, and recorded in the aforesaid Clerk's Office. in Deed Book 179, Page 201, Reference to Elie aforesaid Will, deeds, surveys, plats and references therein contained is made for a more accurate and complete description Of the property herein conveyed, together with all covenants and conditions connected therewith. This conveyant is made subject to all duly recorded and enforceable easements, restrictions and rights of way. The party of the first part covenants that he has a right to convey said property; that the same is free from liens and encumbrances and that he will forever warrant and defend the title [hereto. WITNESS the following signature and seal this 1.5-1 /I day of April, 1970. (SEAL) EX R ert K. S[ic ey, ecutor�� Trustee under the Will of .v Hyn Stickley, Deceased / STATE OF VIRGINIA of W:,v%,r <<. To -wit: 1, ,j (. /7-0 /C .1 a Notary Public in and for the State andI aforesaid, hereby certify that Robert K. Stickley, Executor an rustee under the Will of Mary Evelyn Stickley, deceased, whose name is signed to the foregoing Deed bearing date the /.� day of April, 1970, has Ellis day personally appeared before me in my and State aforesaid and acknowledged the same. —" Given under my hand this /StA day of April, 1970. My Commission expires r�'fr iG. / 97� SEAL: ' CY-Ll' ... ,CCS -/m -E4.✓ Nota ry�Pu bl is 558 6]E)K 362 NGE 558 Co U FAKE LOT nR 3r7- oleo - - -.. i GUARD K . LOT . ' i\2j Dszal-Pslz 1 0 1 ! BOWMAN LAND DB 269- P 220 BRUMBACK J J � IRONPIN LAND ! (FOUND) - I Z �sr N3"35'22"E 103.50' POST i 31.545 ACRES POE — — I NEFF `\I 'STICKLEY ESTATE LID, De?LOPT16g DB 179 - P 201 0 (V _ r POST N7"06'19 85.36 I / N19°12.07"F_ POST 4T-- / r RITENOUR LAND !POST DB 269- P493 /t&4 Q/ t 9`9Q, %pig SCALE /� RACEY LAND �T D 200 400 D8 186 P 168 • I LEGEND ct•.r.t.,�.�: ':o. -- �� +..INDICATES TELEPFfJftE POLES 5;-1 J s @; I6;: .:- .9 j MG IA FREDERICK COUNTY, SCT. This instrume g arm prad me d'dy of --- __ -----aL--- , an ' Icate of acknowledgmen annexed was admitted to record. And addi i ) tax paid,---� /t�yc1 C< C.;Eow i I I ac-.,_ Clerk EXHIBIT A 363 PA4E 6o1 12) Enforcement; The provisions herein contained shall run with ' and - bind the land—a—U—Ca—C-71s enforceable by Fredericktowne Company, its assigns and successors in title and by any owner of any numbered lot. And the failure of any of them to enforce any covenants, conditions, reservations or restrictions contained herein shall not be deemed to be a waiver of the right to do so thereafter as to a default occurring prior or subsequent thereto. .Furthermore, the declaration of invalidity of any one or more of the provisions herein contained shall not affect the validity of the others. All of the covenants and restrictions herein shall be binding and remain in full force and effect until July 1, 1985, -and shall be renewed thereafter automatically for additional successive Ten (10) year periods, unless the owners of a majority of the subdivided lots in this subdivision shall, at least Six (6). months prior to any such renewal date, execute and record an agreement superseding; altering or abrogating the covenants and restric- tions ha'rein contained, and •record such agreement among the land records in the aforesaid Clerk's Office'and giving public notice by publishing such proposed agreement superseding, altering or abrogating the covenants and restrictions herein or any one or more of them, at least Six (6) months prior to the expiration of any such period in some newspaper having general I circulation within Frederick County. 13) Animals:. No livestock and fowls, such'as cattle, horses, - 1p; ruu hogs, goats, s 1F` rkeys, ducks and chickens, shall be •kep rained on any lot. t or main - 14) All land areas other than streets have titie.reserv6a in Fredericktowne Company and are not, because of any deslgnation as park area or otherwise, dedicated thereby to public use. 15) Fredericktowne Company reserves the right alone'to waive any one or all of the restrictive covenants, conditions, reservations and restrictions as to the sale or transfer of any future lot or lots except that It cannot reduce lot size nor change the development from residential to commercial except as shown on the Plat at the date of record. This waiver shall not affect the binding effect of the covenant's conditions upon any other Impose additional restrictive covenants, conditions, lots. Fredcricktowne Company does further reserve threservatioe right alone to and restrictions as to the sale and transfer of any further lot or lots and such Imposition shall not affect the binding effect of these provisions upon any other lots. 16) The covenants and restrictions herein contained shall not impose any restraint on any portion of land now owned or hereafter acquired by Fredcricktowne Company, its assigns or successors in title, or adjoining, adjacent to or otherwise related in any way to "THE MEADOWS" SUBDIVISION as shown on the attached Plat. FREDERICKTOWNE COMPANY BY ..0`,� ��C!d = . r s eat EXHIBIT B JUNE 1, 1976 ArZbrUi&fOftnU QI "THE MEADOWS" Dear Properky Owners: As you: are prol?ably aware, wben Fredericktowne Company recorded its plat of "Thia Meadows" subdivision a parcel of land containing 72,393 square feet, more or less, was designated as a "park"_ This is bounded on the north side by lot 13 and on the south by lots 12-18, on the west by Headow- brook Drive and on the east by Ewings Lane. The park is subject to a 15 foot drainage easement which runs through the middle of the parcel.. Now thht Fredericktowne Company has, with a few exceptions, sold out of this project, we desire to turn these parcels over to others, We feel that it wood be appropriate if the property is conveyed to a property owners assohiation ccmmposed of persons owning property in 'The Meadows". We are ready, milling and able to convey the title to said property, at no cost to you, to a property owners association which is truly repre- sentative of the property owners in the subdivision. This letter is being written to all property owners in "The Meadows" with the hope that it will lead to the formation of such an organization. Frederrcktowne Company will take no further steps to divest itself of this property for a period of 60 days from the date of this letter- There- after, however, in the event that a property owners association is not farmed, we will feel at liberty to offer the property to the Frederick County Parks and Recreaticm Department for its use as a park, as a capital -raising venture or for any other purpose it feels appropriate. This could include .the sale of the property by the Parks and Recreation Department and its use and sub- division as residential property. Fredericktowne Company will take no action to oppose such a resubdivision or resale of the property_ It should be clearly understood that in the event that Fredericktowne Gompany doers convey the property to a property o%m7ers association, Frederick- towae Compahy will no longer be responsible for the maintance of that parcel or for real; property taxes on 'it. Should' you have any questions about the contents of this letter, plese feel free tip contact the Fredericktowne office - Sincerely,, F$EDE&�Z-M ANy f President a EXHIBIT W J itl J J Q cX f4(FIT P #756 Y FREDERICKTOWNE COMPANY TO: DEED LEWIS M. COSTELLO BX636PG543 THIS DEED made and dated this tiD Uay of �Gi1�tt_, _, 1987. by and between Frederiektowpe CompaDX, a Virginia corporation, party of the first part, and Levitt M. Castello, Party of the second part. WITNESSETH: That for and in consideration of the sum of Ten Dollars (}10.00) and other good and valuable considera- tion. the receipt of all of Which is hereby acknowledged, pursuant to Section 337 of the Internal Revenue Code, the party of the first parC does hereby grant and convey with general warranty of title, unto the party of the second part, his heirs, successors and ausigns, the following described property and appurtenances thereunto belonging: Parcel 1: All that certain tract or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, lying and being situate ` in Opequon Magisterial District, Frederick County, Virginia, and being more particularly described as that certain 104 strip located along the western boundary of Commercial Lot "A". Lots 1 through e, the park land and Lots 13 through 17, "The Meadows" Subdivision, said 10' strip being more particularly described -on the deed of dedication and declaration of plat dated May 11. 1970 and recorded in the Office of the clerk of the Circuit Court of Frederick County. Virginia, in Deed Book 363 at Pago 658. and being a portion of the same Property acquired by the party of the first part by (a) dead from Harry L. fake, et ux, dated April 10, 1970 and recorded in the aforesaid Clerk's Office in Deed Book 362 at Page 553 and (b) deed from Robert K. Stickley. Executor and 'crus tee, dated April 15. 1970 and recorded in'thb aforesaid Clerk!s'Office•in Deed book 362 at page 556. Parcel 2: 1111 that certain tract or parcel of land.'together with the iOproveneirts thereon and the'appurtenancea thereunto belonging. -lying and being situate In Opaquon Magisterial District. Frederick County. Virginia, coataininq 72.393 square Cost. and being designated as "Park" on the deed of dedication and declaration of plat of •Tho Meadows* Subdivision, dated May 11, 1970 and recorded in the aforesaid Clerk's Office.i.n Dead Book 363 at Page 656, and boiog a portion of the same property 1 in ,a . ;y. %tip: Ir 60 L' r�aS tr ykSSr�, f r .•,S r .Y = .: cX f4(FIT P #756 Y FREDERICKTOWNE COMPANY TO: DEED LEWIS M. COSTELLO BX636PG543 THIS DEED made and dated this tiD Uay of �Gi1�tt_, _, 1987. by and between Frederiektowpe CompaDX, a Virginia corporation, party of the first part, and Levitt M. Castello, Party of the second part. WITNESSETH: That for and in consideration of the sum of Ten Dollars (}10.00) and other good and valuable considera- tion. the receipt of all of Which is hereby acknowledged, pursuant to Section 337 of the Internal Revenue Code, the party of the first parC does hereby grant and convey with general warranty of title, unto the party of the second part, his heirs, successors and ausigns, the following described property and appurtenances thereunto belonging: Parcel 1: All that certain tract or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, lying and being situate ` in Opequon Magisterial District, Frederick County, Virginia, and being more particularly described as that certain 104 strip located along the western boundary of Commercial Lot "A". Lots 1 through e, the park land and Lots 13 through 17, "The Meadows" Subdivision, said 10' strip being more particularly described -on the deed of dedication and declaration of plat dated May 11. 1970 and recorded in the Office of the clerk of the Circuit Court of Frederick County. Virginia, in Deed Book 363 at Pago 658. and being a portion of the same Property acquired by the party of the first part by (a) dead from Harry L. fake, et ux, dated April 10, 1970 and recorded in the aforesaid Clerk's Office in Deed Book 362 at Page 553 and (b) deed from Robert K. Stickley. Executor and 'crus tee, dated April 15. 1970 and recorded in'thb aforesaid Clerk!s'Office•in Deed book 362 at page 556. Parcel 2: 1111 that certain tract or parcel of land.'together with the iOproveneirts thereon and the'appurtenancea thereunto belonging. -lying and being situate In Opaquon Magisterial District. Frederick County. Virginia, coataininq 72.393 square Cost. and being designated as "Park" on the deed of dedication and declaration of plat of •Tho Meadows* Subdivision, dated May 11, 1970 and recorded in the aforesaid Clerk's Office.i.n Dead Book 363 at Page 656, and boiog a portion of the same property 1 544 EM Is DI%638FG544 acquired by the party of the first part by dead from Robert K. Stickley. Executor and Trustee. dated April 15, 1970 and recorded in the aforesaid Clerk's Office in Deed Book 362 at Page 556. Parcel 3: All that certain tract or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, lying and being situate in Opequon Magisterial District, Frederick County, Virginia., more particularly described as Lot 3, Section A. Valley Farms, on that certain plat made by Richard U. Goode, c.8.. dated September, 1957 and recorded in the aforesaid Clerk's office in Deed Rook 250 at Page 131, and being a portion of the ease property acquired by the party of the first part by deed from Robert K. Woltz, at ux, dated March 6, 1972 and recorded in the aforesaid Clerk's Office in Deed Book 3a7 at Page 485. parcel t: Any and all other lots, tracts or parcels of land and any and all right, title, interest of privilege in and to any land owned by the party of the first part located in Frederick County, Virginia, including, but not limited to, any and all rights of the party of the first part to amend certain of the covenants and conditions specified in the deed of :.dedication of "The Meadows" Subdivision, dated May 11, 1970 and recorded in the aforesaid Clock's Office in Deed Hook 363 at Page 656, and in the various deeds of dedication tot Sections I and III. rredericktowne Subdivision, said rights having been reserved in said deeds of 'dedication. 'Y:;.` "',:;• Reference is bore :rade to the aforesaid instcuseato A th6 attachments and the references therein contained for a tarthee.and wase particular description of the property hereby 4, • This eonvayanee is .wapo,subJect'to all duly recorded aad�sntorceable restrictions, easements and rights of Way. The party of the first pact covenants that it has a right to conver said property to the party of the second pacts that it has done no act to encumber said property; that It will execute such further assucanees of title to said property a■ -Z, 0 R BK630PG545 way be requisite; that it is seized in fee Simple of rise property conveyed; and that the party of the second past shall have quiet possession of said property tree from all encumbrances. The party Of the first part covenants that all necse- nary and proper corporate action has been taken to allLhariZe this sale and the execution, acknowledgement and delivery of this deed. U1171ESS the following signature and seal: rREDEBICK OHNE COME' t 17— By _ .-----(SEAL ; W1t ST)LTS OSP YIb� :;NIA ez /� 1 (,..t -y_— OP.��n��+2�M_. To -grit: She foregoing instrument was acknowledged before me by noel II. Horden, who is President of Predericktowne Company, a Virginia corpocation,•oa behalf of said corporation. Given under my hand this ,Y day of u,,ul/�, 1987. "r COosiasion expires r p iMMaNM Fraw-j CX COMM, IM. r .;2«f1 � IM1 � end wAp iF d appgwMtdRmwlt Yrnw a+wM .h' � ". 7 '' �� + SIV ', +• AML { FR0t1 :COUNTY OF FREDER.ICV. 1-540-667-0370 1998,09-11 08:13 #048 P.03:•'12 //r Kw EXHIBIT E 0 MEMORANDUM rV-%T r FRE—ICK �a rIS, r,lJ,CK Departments OI Xiwining and Building 7Q3/665-5650 Tr" Kenneth Y. Stiles, Chair mon, 1- r ederlck County Board o2 Supervisors: / From: RohPtt Wafikinco Director alai / Date: MarcA 2n- 1. qAA Subject: Status of Open Space in the Meado a We have looked into this and have found the _eed .^.f dedication, along with various correspondf:nce on the nnen 4pa ;e, N_.e give a definite description of the current status of the nppn space, The original deed of dedication reserve$ titin for the perk to Fredericktowne Company_ Correspondence in 1976 described_ the intention o!' the Freder!cktQwne Camp -any to give title to a property owners association or to the parks and Recreation Department. Ownership was not transferred to the County_, but tae do not kmow ' if it waa transferred to a property owners assoclation4l Tax records list Mr. Costello as the owner. The span space was probably not required by the County. From the -'a�-poivit of County regulations, there is probably no problem With the open space. There is a drainage eauement th1 ough t Ah 4-= lot _ Please find attached the various materials described. r-=a5e ict ins know if we can aP of further r3caiat�n"_ U5/!3/UL DRI UG:J4 rAA UocU CA4/9 OK951P000OI THIS DRED OF GIFT.. made and dated this -J% day of 2000, by and between Joy H. COSTELLQ, individually, and Joy H. COSTELLO AND Lewis Michael COSTET.LQ. Co -Executors and Co -Trustees of the Estate of Lewis Meyer Costello, hereinafter referred to as Grantors.. and Anthony L. COOK, bervineRer referred to as Grantee. WITNESSETH: That for and in consideration of the sum of One Dollar ($1.00), cash in hand paid, and other good and valuable consideration, the sufficiency and receipt of which is hereby acknowledged, the Grantor, Joy H. Costello, individually, does hereby grant and convey, with General Warranty and English Covenants of Title, and the Grantors, Joy H. Costello and Lewia Michael Costello, Co-Executora and to -Trustees of the Estate of Lewis Meyer Costello, do hereby grant and convey with Special Warranty of Title, unto the said ANTHONY L COOK, in fee simple, the following described property located in the County of Frederick. Virginia (the "Property"): All of that certain tract or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging. lying and being situate in Opequon Magisterial District, Dederick County. Virginia, containing 72393 square feet; and being designated as 'Park' on the deed of dedication and declaration of plat of 'The Meadowe' Subdivision, dated May 11, 1970 and recorded in the Clerk's OfEce of the Circuit Court of Frederick County. Virginia in Deed Book 363 at Page 668. AND BEING a portion of the acme property acquired by Lewis M. Costello by deed from Fredericktowne Company, a Virginia corporation, dated February 4. 1987, and of record in the aforesaid Clerk's Office in Deed Book 638 at Page 543. The said Lewis Meyer Costello is now deceased and his last will and testament is of record in the aforesaid Clerles Office in Will Book 103 at Page 1804. LF -1 V 1. 05/2:1/0'2 THU UZ:34 1"AA U6ZU BK9S7PCoOO2 Reference is here made to the aforesaid instruments and the attachments and the references therein contained fur r further and more particular description of the property hereby conveyed. This conveyance ie made subject to easements, conditions and restrictions of record insofar as they may lawfully affect the Property. WITNESS the following signatures and seals: Z7 _(SEAL) . COSTELLO. Individually /7 (SEAL) . COSTELLO. Co -Executor and Co -Trustee of the Estate of Lewis Meyer Costello (SEAL) WIS CoMICHAEL C05TEL.IA. -E�tecntor and Co•Truetee of the Estate of Lewis Meyer Costello ST TE OF VIR MIA AT WGE , OIL tJ Tawit: The foregoing instrument Ras acknowledged before me by JOY H. COSTELLO. Individually, and JOY H. COSTELLO and LEWIS MICHAEL COOSL Co otore 2000, and Ca-Trttsteea of the Estate of Lswie Meyer Costello, f .;x_41 �t. ' My Commission expire! r NOTARY PUBLIC d, Deed prepared by: Thomas M. Dickinson, Jr.. Esquire THOMAS M. DICKINSON, JR., P-0- 102.2 south Kent Street Winchester, Virginia 22601 VIRGINIA MMERICK COUNlY. SCI. (640) 667-1095' This Iasintruent of writing wu produced to we cc a7 �oaot and with wrBQrnto of acknowiedrrnenl thereto Nfinexed was admitted to record. Tau imposed by See SLIM 0 and 58.1.801 have been paid, ittamable T 60, . Clark �nf�ig�i C BM961 PGO 1 99 VACATION OF INTEREST Q C, 0 WHEREAS, this agreement to vacate the interest of the locality behvicen the "County", COUNTY OF FREDERICK, hereinafter "Coup and AnthonyhL. COOK, herema er referred to as "Property Owner u WHEREAS, the Property Owner is the owner in fee simple of the following described F ; Virginia (hereinafter "the Property"): property located in the County of Frederick, sr C O. E N All of that certain tract or parcel of land, together with the improvemen s w > thereon and appurtenances there unto belonging, lying and being situate in Opequon Magisterial District, Frederick County, Virginiacontaining 72,393 , square feet, and being designated as "Park" on the Deed of Dedication and Ln Declaration of Plat of "The Meadows" subdivision, dated May 11, 1970, and 1-9 recorded in the Clerk's Office of the Circuit Court of Frederick County, a Virginia, in Deed Book 363, at Page 658; and being the same property > acquired by Anthony L. C) Cook by Deed of Gift from Joy H. Costello and Lewis o w Michael Costello, of record in the aforesaid Clerk's Office in Deed Book " m v at Page iL— G > w! � WHEREAS, the Deed of Dedication and Declaration of Plat for "The Meadows„ o �u a w subdivision, of record in the aforesaid Clerk's Office in Deed Book 363, at Page 658, reserves title to the property to the developer, Fredericktowne Company, a predecessor in interest to V3 Anthony L Cook; and w a WHEREAS, the property owners of "The Meadows” have not formed any property owners' association, and are not required to do so; and w WHEREAS, more than twenty years have passed since approval of the Deed of Dedication and Plat; and !y WHEREAS, the Parks and Recreation Department and other County entities have not received any interest in the property, nor requested such interest; and WHEREAS, the property is not part of any "open space" requirement by the County, and it would be no violation of any County ordinance or regulation to develop the property; and o�, March 22, 2000 z WHEREAS, the Board of Supervisors, at their regular meetino on n concurred with the vacation of interest; H i .,�J;T BK96 ( F'G0200 THEREFORE, pursuant to Title 15.2 of the Code of Virginia (1950), as amended, the County hereby vacates any interest it may have on the plat of "The Meadows" in the property herein before described, and vacates the designation of the property as "Park", such that the property shall be treated in the same manner as other lots in "The Meadows" subdivision, subject to all restrictions and easements of record. WCTNESS the following signatures and seals: Anthony L. C ok COUNTY OF FREDERICK. ByJ411 -R. Rilet Its County Admin. and Authorized Agent Commonwealth of Virginia City/County of `Ar r Ta:; l—� . _ • to wit: Taken, subscribed and sworn before me, a Notary Public for the state C d0 jurisdiction aforesaid, by Anthony L. Cook, this - "day of r nU_� P �t�ti ,tel )t tlqotary Public Iv"ty Commission Expires: \?3 (SEAL) Commonwealth of Virginia City/County of�Y- ftIr.v v1, to wit: Taken, subscribed and sworn before{ me, a Notary Public for the state and jurisdiction aforesaid, by r. Z'�+ lr _ Y_ authorized agent for County of Frederick, this ,fir=tdayof(. �r� t3 200 - -_J IViyCJU, ��",fir — tary Public My Commission Expires: t VIRGINIA: FREDER ICK COUNTY. SCT. t This instrument of writing was produced to me on yy�yr 07 �at I17. and with certificate of acknowicdgement therein a nexed ,. Was�adndttcd to record. Tax Imposed by Sec M.1-801 of 5L11 an058.1-801 have teen paid.Ifassessable. �Gc'.C4�Yv .Qcrk (SEAL) LT1i , MEMORANDUM TO: FROM: SUBJECT: DATE: ,ExH'8r7 q John R. Riley, Jr., County Administrator James M. Doran, Director, Parks & Recreation The Meadows Subdivision April 18, 2003 COUNTY of FREDERICK Parks and Recreation Department James M. Doran, Director 540-665-5678 FAX: 540-665-9687 www.co.ftcden'ck-va-us e-mail: fcprd@co.frederick.va.us Please be advised that the 72,393 square foot lot in The Meadows Subdivision, identified as parkland in the Deed of Dedication and. Declaration of Plat dated May 11, 1970, has not been transferred to the county and no interest has been expressed, to this department, by the residents of The Meadows subdivision for its development as parkland. Furthermore, because this parcel is a drainage area with a drainage easement bisecting the property, it is not desirable for development as a park. JMD/snm 107 North Kent Street Winchester, VA 226011 Ex t+ Ig i T S_ -A a NOTICE OF PUBLIC HEARING The Frederick County Board of Supervisors will hold a Public Hearing on Wednes- day, April. 23, 2003, in the Board of Supervisors' Meeting Room, County Administration Building, 107 North Kent Street, Winchester, Virginia, to Consider the Following: The Following Public Hearing Item Will Be Heard at 6:00 P.M. Portion of the Meeting: Resolution to Vacate a Plat and Convey All Rights as to "Park" - The Mead- ows Subdivision - Resolution to Vacate a Plat and a Designation Thereon as "Park, Previously Dedicated to the County on the Deed of Dedication and Decla- ration of Plat of The Meadows Subdivision Dated May 11, 1970 in the Opequon Magisterial District, Frederick County, Virginia, Containing 72,393 Square Feet. Said 'Park' is Further Identified on Said Deed of Dedication and Declaration of Plat which is Found and Recorded in the Land .Records of Frederick County in Deed Book 363 at Page 658. All Persons Affected by the Above May Appear and be Heard at this Hearing. A Copy of the Resolution is Available and May be Examined in the Office of the County Administrator, Between the Hours of 8:00 A.M. and 5:00 P.M. Inquiries concerning the above may be addressed to the Office of the County Administrator, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday, 107 North Kent Street, Winchester, Virginia 22601, (540) 665-5666. The Following Public Hearing Item Will Be Heard at 7:15 P.M. Portion of the Meeting: Conditional Use Permit #05-03 of Martin L. Monk for a Cottage Occupation for Sales of Outdoor Furnace Units. The Property is Located 1599 Hiles Road and is Identified with Property Identification Number 84-A-74 in the Back Creek Magister- ial District. Rezoning #05-03 of Custer Estates. Submitted by Greenway Engineering, to Rezone 281.5 Acres from RA (Rural Areas) to RP (Residential Performance). The Properties are Located Approximately One Mile East of Interstate 81 on the South Side of Millwood Pike (Route 50 East), Across from Sulphur Springs Road (Rt. 655) and the Ravens Development, and are Identified with Property Identification Numbers 64-A-82; 64-A-83; 64 -A -83A; 64-A-86; 64-A-87; 64 -A -87A in the Shawnee Magisterial District. Request of Kent. Barley Orchards Inc to Remove One Parcel Totaling 149.06 Acres From the South Frederick Agricultural and Forestal District. The Parcel is Identified as Property Identification Number 74-A-13, Located Along Marlboro Road,(Route 631), in the Back Creek Magisterial District. Proposed Amendment to the Frederick County Code Chapter 165, Zoning Ordinance, Article VIII, R5 Residential Recreational Community District' Section 165-77 B (2)(d), Existing Lots, Which Addresses the Ability to Reduce Yard Set- backs in the R5 District. Proposed Amendment to the Frederick County Code Chapter 165, Zoning. Ordinance, Article X, Business and Industrial Zoning Districts; Section 165=82, District Use Regulations; to Add SIC 83 -Social Services, Excluding SIC 836, Resi- dential Care, to the List of Allowed Uses for the B2 (Business General) Zoning District. Proposed Amendment to the Frederick County Code Chapter 165 Zoning Ordinance. Article IV, Supplementary Use Regulations; Section 165-27.E (11), Parking Lots, Landscaping; Section 165-31, Protection of Environmental Features; Section 165736, Landscaping; and Article XXII, Section 165-156, Definitions. Inquiries concerning the above may be addressed to the Office of Planning and Development, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday, 107 North Kent Street, Winchester, Virginia 22601, (540)665-5651. Interested citizens may appear before the board to speak on the above items. (A copy of the agenda will be available for review at the Handley Regional Library, Braddock and Piccadilly Streets, Winchester, Virginia, April 21, 2003, John R. Riley, Jr., County Administrator THE WINCHESTER STAR, ednesda ,Aril 16, 2003 E-�, r+l SI T S'3 _-� .7YV-�JJ-IIJI NOTICE OF PUBLIC HEARING The Frederick County Board of Supervisors will hold a Public Hearing on Wednes- day, April 23, 2003, in the Board of Supervisors' Meeting Room, County Administration Building, 107 North Kent Street, Winchester, Virginia, to Consider the Following: The Following Public Hearing item Will 13e Heard at 6:0U P.M. Portion of the Meeting: Resolution to Vacate a Plat and Convey All Rights as to "Park" - The Mead- ows Subdivision - Resolution to Vacate a Plat and a Designation Thereon as "Park', Previously Dedicated to the County on the Deed of Dedication and Decla- ration of Plat of The Meadows Subdivision Dated May 11, 1970 in the Opequon Magisterial District, Frederick County, Virginia, Containing 72,393 Square Feet. Said "Park" is Further Identified on Said Deed of Dedication and Declaration of Plat which is Found and Recorded in the Land Records of Frederick County in Deed Book 363 at Page 658. All Persons Affected by the Above May Appear and be Heard at this Hearing. A Copy of the Resolution is Available and May be Examined in the Office of the County Administrator, Between the Hours of 8:00 A.M. and 5:00 P.M. Inquiries concerning the above may be addressed to the Office of the County Administrator, between the hours of 8:00 A.M. and 5:00 P.M., Mcnday through Friday, 107 North Kent Street, Winchester, Virginia 22601, (540) 665-5666. The Following Public Hearing Item Will Be Heard at 7:15 P.M. Portion of the Meeting: Conditional Use Permit #05-03 of Martin L. Monk for a Cottage Occupation to Sales of Outdoor Furnace Units. The Property is Located 1599 Hites Road and i; Identified with Property Identification Number 84-A-74 in the Back Creek Magister ial District. Rezoning #05-03 of Custer Estates. Submitted by Greenway Engineering, tc Rezone 281.5 Acres from RA (Rural Areas) to RP (Residential Performance). The Properties are Located Approximately One Mile East of Interstate 81 on the South Side of Millwood.Pike (Route 50 East), Across from Sulphur Springs Road (Rt. 655) and the Ravens Development,.and are Identified with Property Identification Numbers 64-A-82; 64-A=83; 64 -A -83A; 64-A-86; 64-A-87; 64 -A -87A in the Shawnee Magisterial District. Request of Kent Barley Orchards. Inc. to Remove One Parcel Totaling 149.06 Acres From the South Frederick Agricultural and Forestal District. The Parcel is Identified as Property Identification Number 74-A-13, Located Along Marlboro Road (Route 631), in the Back Creek Magisterial District. Proposed Amendment to the Frederick"County Code Chapter 165 Zoning Ordinance, Article VIII, R5 Residential Recreational Community District; Section 165-77 B (2)(d), Existing Lots, Which Addresses the Ability to Reduce Yard Set- backs in the R5 District. Proposed Amendment to the Frederick County Code Chapter 165 Zoning Ordinance, Article X, Business and Industrial Zoning Districts; Section 165-82, District Use Regulations; to Add SIC 83 -Social Services, Excluding SIC 836, Resi- dential Care, to the List of Allowed Uses for the B2 (Business General) Zoning District. Proposed Amendment to the Frederick County Code Chapter 165 Zoning Ordinance, Article IV, Supplementary Use Regulations; Section 165-27,11 (11), Parking Lots, Landscaping; Section 165-31, Protection of Environmental Features; Section 165-36, Landscaping; and Article =I, Section 165-156, Definitions. Inquiries concerning the above may be addressed to the Office of Planning an Development, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Frida,. 107 North Kent Street, Winchester, Virginia 22601, (540)665-5651. Interested citizens may appear before the board to speak on the above items. (, copy of the agenda will be available for review at the Handley Regional Librart Braddock and Piccadilly Streets, Winchester, Virginia, April 21, 2003. John R. Riley, Jr., County Administrato THE WINCHESTER STAR, Wdnesda ,Aril 9 2003 TO: FROM: DATE: RE: CxHl1317 G MEMORANDUM Board of Supervisors John R. Riley, Jr., County Administrator April 9, 2003 COUNTY of FREDERICK John R. Riley, Jr. County Administrator 540/665-5666 Fax 540/667-0370 E-mail: jri1ey@co.freder1ck.va.us Resolution to Vacate a Plat and Convey all Rights as to "Park" - The Meadows Subdivision Please be advised that the attached plat vacation is back before this body due to a recent ruling by the Frederick County Circuit Court that the aforementioned action was not done properly. In the previous action, the board of supervisors vacated its interest in said plat since the county did not own the parcel in question. The land was owned by Fredericldowne Company and subsequently the Costello Estate. The land had never been developed as a park by the Frederick County Parks and Recreation Department nor had the parks department ever expressed any intent or interest in developing same. Please call if you have any questions. Attachments C:\T)P\miscmemos\Cour tyAdrninistratorV3dofSupMeadowsSubPark042303$dMtg.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 ,�S-xAlbtT 7 COUNTY of FREDERICK John R. Riley, Jr. County Administrator 540/665-5666 Fax 540/667-0370 E-mail: i ri ley @ co.frederick.va.us NOTICE OF PUBLIC HEARING The Frederick County Board of Supervisors will hold a Public Hearing on Wednesday, April 23, 2003, in the Board of Supervisors' Meeting Room, County Administration Building, 107 North Kent Street, Winchester, Virginia, to Consider the Following: The Following Public Hearing Item Will Be Heard at 6:00 P.M. Portion of the Meeting: Resolution to Vacate a Plat and Convey All Rights as to "Park" - The Meadows Subdivision - Resolution to Vacate a Plat and a Designation Thereon as "Park", Previously Dedicated to the County on the Deed of Dedication and Declaration of Plat of The Meadows Subdivision Dated May 11, 1970 in the Opequon Magisterial District, Frederick County, Virginia, Containing 72,393 Square Feet. Said "Park" is Further Identified on Said Deed of Dedication and Declaration of Plat which is Found and Recorded in the Land Records of Frederick County in Deed Book 363 at Page 658. All Persons Affected by the Above May Appear and be Heard at this Hearing. A Copy of the Resolution is Available and May be Examined in the Office of the County Administrator, Between the Hours of 8:00 A.M. and 5:00 P.M. Inquiries concerning the above may be addressed to the Office of the County Administrator, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday, 107 North Kent Street, Winchester, Virginia 22601, (540)665-5666. The Following Public Hearing Items Will Be Heard at 7:15 P.M. Portion of the Meeting: Conditional Use Permit #05-03 of Martin L. Monk for a Cottage Occupation for Sales of Outdoor Furnace Units, The Property is Located at 1599 Hites Road and is Identified with Property Identification Number 84-A-74 in the Back Creek Magisterial District. Rezoning #05-03 of Custer Estates, Submitted by Greenway Engineering, to Rezone 281.5 Acres from RA (Rural Areas) to RP (Residential Performance). The Properties are Located Approximately 107 North Kent Street - Winchester, Virginia 22601-5000 Notice of Public Hearing Board of Supervisors Meeting of April 23, 2003 Page 2 One Mile East of Interstate 81 on the South Side of Millwood Pike (Route 50 East), Across from Sulphur Springs Road (Rt. 655) and the Ravens Development, and are Identified with Property Identification Numbers 64-A-82; 64-A-83; 64 -A -83A; 64-A-86; 64-A-87; 64 -A -87A in the Shawnee Magisterial District. Request ofKent Barle- Orchards, Inc to Remove One Parcel Totaling 149.06 Acres From the South Frederick Agricultural and Forestal District. The Parcel is Identified as Property Identification Number 74-A-13, Located Along Marlboro Road (Route 631), in the Back Creek Magisterial District. Proposed Amendment to the Frederick Counly Code Chapter 165 Zoning Ordinance, Article VIII, R5 Residential Recreational Community District; Section 165-77 B (2)(d), Existing Lots, Which Addresses the Ability to Reduce Yard Setbacks in the R5 District. Proposed Amendment to the Frederick Counly Code Chapter 165 Zoning Ordinance, Article X, Business and Industrial Zoning Districts; Section 165-82, District Use Regulations; to Add SIC 83 - Social Services, Excluding SIC 836, Residential Care, to the List of Allowed Uses for the B2 (Business, General) Zoning District. Proposed Amendment to the Frederick County Code Chapter 165 Zoning Ordinance, Article IV, Supplementary Use Regulations; Section 165-27.E (11), Parking Lots, Landscaping; Section 165-31, Protection of Environmental Features; Section 165-36, Landscaping; and Article XXII, Section 165-156, Definitions. Inquiries concerning the above maybe addressed to the Office ofPlanning and Development, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday, 107 North Kent Street, Winchester, Virginia 22601, (540)665-5651. Interested citizens may appear before the board to speak on the above items. (A copy of the agenda will be available for review at the Handley Regional Library, Braddock and Piccadilly Streets, Winchester, Virginia, the week of April 21, 2003.) Notice of Public Hearing Board of Supervisors Meeting of April 23, 2003 Page 3 ADVERTISE CaTIP\ads\PubHgAd042303.wpd ,John R. Riley, Jr. County Administrator Wednesday, April 9, 2003 Wednesday, April 16, 2003 030011092 ExArb(-f-- S ,. C14 BOARD OF SUPERVISORS O I Richard C. Shickle hereby certify on this 23rd dayof April 2003, that the following Resolution is a true and exact copy of one and the same unanimously adopted by the Board of Supervisors ofthe County of Frederick, Virginia ("Board'), assembled in regularsession on the 23rd -day of April , 2003. A RESOLUTION TO VACATE A PLAT AND CONVEY ALL .RIGHTS AS TO "PARK" ON THE DEED OF DEDICATION AND DECLARATION PF PLAT OF "THE MEADOWS" SUBDMSION DATED MAY 11, 1970, BEING TM SAME PROPERTY PREVIOUSLY DEDICATED TO FREDERICK COUNT. SAID DEED OF DEDICATION AND PLAT CAN BE FOUND AND IS RE00iWED IN THE LAND RECORDS OF FREDERICK COUNTY AT DEED BOOK 363 PAGE 658. WHEREAS, the County of Frederick ("County") is empowered to vacate the Plat and the dedication in the County pursuant to, and in, conformance with provisions of the Code of Virginia, 1950, Section 15.2-2270, et seq, as amended; and WHEREAS, the County intends to vacate the Plat and convey all nights as to all that certain tract or parcel of land, together with the improvements thereon and appurtenances there unto belonging, lying and being situate in Opequon Magisterial District, Frederick County, Virginia, containing 72,393 square feet, and being designated as `Park" on tie Deed of Dedication and Declaration of Plat of "The Meadows" subdivision, dated May 11, 1970, being the same property previously dedicated to Frederick County by Fredericktowne Company. Said Deed of Dedication can be found and is recorded in the Land Records of Frederick Countyzat Deed Book 363 Page 658 Page 1 of 3 CD C rn which intention was advertised according to law, and the land proprietors affected by said action were notified; and WHEREAS, the Board at its meeting on March 22, 2000 did previously determine that it was appropriate to vacate said designation as a park and in fact, did so through its Vacation of Interest, a copy of which is attached hereto and incorporated herein as "Exhibit 1". Pursuant to a subsequent Order of the Circuit Court of Frederick County, a copy of which is attached hereto and incorporated herein as "Exhibit 2", said vacation was without effect, and as it did not vacate the Plat, it is necessary that the Board of Supervisors revacate the County's interest in the Park and vacate the Plat; and NOW, THEREFORE, BE IT RESOLVED, that the Plat and all that certain tract or parcel of land, together with the improvements thereon and appurtenances there unto belonging, lying and being situate in Opequon Magisterial District, Frederick County, Virginia, containing 72,393 square feet, and being designated as "Park" on the Deed of Dedication and Declaration of Plat of "The Meadows" subdivision and the Plat appended thereto, dated May 11, 1970 be and are hereby vacated. Being the same property previously dedicated to Frederick County, said Deed of Dedication can be found and is recorded in the Land Records of Frederick County at Deed Book 363 Page 658 be and hereby is vacated to Anthony L. Cook, as successor in interest to Fredericktowne Company. BE IT FURTHER RESOLVED, that the County Administrator is hereby directed to place a certified copy of this Resolution of record with the deed records in the Clerk's Office of the Circuit Court for the County of Frederick; and BE IT FURTHER RESOLVED, that the County Administrator is hereby authorized and directed to execute all documents necessary to carry out the purposes of this resolution, as prescribed by the Code of Virginia, 1950, as amended, including, but not limited to, writing an amendment to Page 2 of 3 .O GT —4 the Frederick County Ordinance providing for conveyance of the aforesaid parcel to Anthony L. Cook. ADOPTED by the Board of Supervisors of the County of Frederick on the 1g,_day of April , 2003 by the following recorded vote: Richard C. Shickle -AJ Robert M. Sager Aye W. Harrington Smith, Jr. Aye Margaret B. Douglas Aye Lynda J. Tyler . Aye Sidney A. Reyes AQP Gina A. Forrester Aye Resolution No.: 053-03 Witness my hand and the seal of the County of Frederick, Virginia. Richard C. Shickle Chairman, Board of Supervisors County of Frederick, Virginia COMMONWEALTH OF VIRGINIA COUNTY OF FREDERICK, To WIT: 1, j r J'j . ''PEzL'C, a Notary Public in and for the Commonwealth of Virginia, do hereby ce that �;, ,hrr.rlt C. S 1. ;c >c k h . i t t=, (1,1 of the Board of Supervisors, whose name is signed to the foregoing resolution bearing date on the ')] day Of , 2003 has personally appeared before me and acknowledged same in my State and j6& -diction. GIVEN UNDER MY HAND THIS L11":11 day of 2003. My commission expire VA 5 -f, r YL) Notary Publiu z u_ 7 r' 10 11q_`� C1TJrn"uuom\FY7.04-10031Madowisubv.auevlgPvlc0423a].4age 3 of 3 VIRGINIA: FREDERICK COUNTY, SGT. r This instrument uff writing was produced to me on at Is 9M and with certificate of acimowltAgement thereto anncxeJ was admitted to record. Tax imposed by See. 5111-802 of 5-1j/7 L , and 58.1-801 have been paid, if assessable LILVLJYU U _ reW' df EX(SnrvG fEANF£5 }, rna wafermesmltary news ywfbn bmeseny o rtvalM iwfwa yeerselrom daferrolFCgAac� VI. ql/wart °nth/sym." shat! m^bmlro Me arrenf edlimrk end hMrf Hronrro Me VDprn/a Depanmertt°/ TEPN�lYs rx r , �Yy lrr,� 91 - o EXISTING EOGF Of PAVEMENT -__EX fP __- an caw Unas art fo br mnstrottedMa[rordmo with Mere plans and zM1el/meet sl/gnprovat. aruporten°n(vOOT)Road -10-d,,- z. nrt Bndpe Speci(ca[ions and 5tan0/rdi eVl,yrnh Frvsivn end5edlmen[Conhd - MwgY requ4emmfr. RepB✓lanon:. ane any oMer aP➢noble slate. /edeml, w local rtpu atlons annll,able. In rase ora d;scmpanry or 11211 EM -EO. -E, FX FG 9. The rmirerttw .half roord/nafrw)fh, snd arrenps /or lnsvernm by, -AIM- u ronlR between Me sfendards wfpecilicalbnr and Requladons, Me most smnpenl era!/povem. C _____ sfmp water meinh reyped /or Me/ns[aflatron a/anew/Ina: VS. A artmento/tsMr, Ormp,fbna/Se/erye NesRn I�, U EXIDTTNG cups AND GNTEa EX LG -6 s Whm ane) n.nry rhaRNm/m s/I labor arae matMal. Aemrnlsbanonn(OSNAJ araC V/rp/n/a Oc eat ne/Ss/cryo NealM (vOSHj A+lese Repulan°ns. � W --- -� DI Me eewlvver/mnnanx must: f�� fN. fMfFMfOfaiE [ONTOup 48 anntx'atlon ane ysydeparl[ war4/ny on VOOT nyhf-af-wsY. all fraMr mnhot wnefherpermenenfwremnorary, snalf ba In A mp locafhm e r 116 fh M6rrem edlnon wVDOrs Work Area vmfettlen Manual, fn 1. 'Im, ,I/ frtTrc -. ExfSPNG INDEX COMOUft SD 6� The ronrmrrorshal/[lednrnew mwer!lnafa an er!#Mp manMle by rum d,X/inp Me mann°/u M➢y<rsmw[ese'edl^acc°N°nm wlM Section to9.09(r)°/Me VOOT Rvad6arleye svralcetivnr. ExM bcalims o/wafer and sewn mrvlcesmnew!/tees am foMro.Mlnatetl catch MS Avmpnry's lnsveRw. a. nllI MMlMsMllbemspanshh-,,,.o[lny, a[nh expense, an M p5 SITE $r FXrsnNG svOT FLEVAPON X 3Qri' yand aN ural/He; Inmrdlnp-sl ns/ ° )De AHMpdry'r mamtenano dapartmmiserl Nmhh andfnzrallan water mere. Mrouyn 2'/n rlre. re°h; ju^[fbn Dp+es, ronbollers,etc., ownee Dy VDOT or ydva4/public unYry rompanrer. fl rs Mesole R? Z �t fXfSPNG IFIFPNONEtlNF --T i T a Ir she develoyer's/mnmattori rrrp.nsiblllq eo Dave Me meter Dot enamb(Y Msfalradrerractl. spvnr/bfpry al rhe deve/oyerro/pcare and reennN v[;;f /adlitler yr /caro. That may De rn ronglR w;rh [hr ee/areavemranmt meferls MsfallM: Y pmpasee ronsfmcflert-MY. yOOiaPProval o/Meselplans deer nal Mdemni/y the dewl.yer /mm [tela II11�� In nrbUiry. tiv a c 3 EXISTING sANlTgAY SEWER -a -a -5 aJ The meter Dv wiM /b /nme and rover, must pmpenv allyned wtth IN. c.p➢ersetter. res SGLE EXISRNG ELECTFIC SEFVICE [ --D)me name endcoveb s ,, ba mp retro anal grade. change azo Qeemed necessary by VDOi. F - E Any adGifl/.nal arpem curreQ as aryre�lf R1/TaKnY Reidrevr fon mall rI ? c)The di- between frac of me raver andlhe -I-rer shall Ll, lB' between ane 21 •. VS pe fns mspwklblllry el Me dewbper. I� EXISTING GASONE GTS -EAS- e)AN components a/me meter Dox assembly mall be In proper working eider. /s` 9. Fw wa andsewer serrates Mat ronnecf fo exrsnn /Ines: V6. P ono/work,I fDheT ntmttwmell be respenzibfa /w amuinrg aUnemssery VOOiland use £X. ACP fxfSPNGSNRM SEwFA - ere)Thelocall.n alma serrce lafenlis fa be me,d/oared wlM Me AMaryY erml4 Nrart nh[w PROJECT INFORMATION O r)m. APnlio[lvn/w I' n muNM mage end lees vane before work will beyrn. fl requ redby Nelxel vDOTReslDan Owl er Deveb er �- ExrsrrNGFENceuNE - z - x - x -ea^IMrryshen/pm/ra^a Msrerl r/.; :-, ane l•wafwremmr. lM mo nraranywe..e!°prr calm en ,e.�eani ormer�e,ia�ror��,rrrrp^u. aura D`enanyre menrfe ray rr eo°x fxISPNG OfrM UNE dj F.r ant %•ane }•warerzerv/res, the auMonry shall make M -P and Dong mep/pin V> an ryapentles, vtiliry cemDanies 5596 Zo95-A vale Awnue v g fp the V OT poor fo in,Hafivn et woM1. M- lby a4e amperry line. lire ronfrettar shell Nm(M and lnsh0 the meter vault assembly. The Aufnanry will rap p 5fepnenr Ory, vA}2655 WMmeIS41 VA 22601 al me meter. v8. m nof//y Me brei .DOT Residenry OlMe when w➢rkk NDep/nwmasa /ors/undeterm)^ed Mone-(590)665�It9> FNISnNG WATERIINF%TEE -{fir 17,i eJ Pre Aufhodry w/N install al/sewer laterals. yMa/1/me�svOOTrtqulrez 98 hours aevamm�ofpe pnorromYrpu4edwrepvesfed lrkYe an.VT EXISTING FIRE HYDgANi LBd CX. pit re Xne must Mwaback8ew aazemaly (d.uDle MecY valve M, RFZ, esre ,dj. The asremb)y °�' lMe conha[tor shoNDe resp.nslDle brmainfa/ning adepuare across rofhep Jett Dom Me adj..<nf Fu c EXtSTfNG WATER VANE -H'- p p� f0 most.-ASfE f[andard No. LMI,l IOIJ. roadw°Y HaamnHrurJan en[mntt Mat is mnztruttee and manta ned In aaordan[e wlM SeMonJ01 o/fne ➢ �r1�Q q Bulfdina Setbacks Per Catle ^lrM,nra Frorlan a 5edlment Conem! NandMok. Furthermore, amass fe vena. provenler a/lec[ed by Mk nmjrtt Tex Number -(f) -12A ��fl �� tt. All9re 1/nes rhaX haven Rre sery/�m�[rrsuem0ry mdabecknow prevention azsembly ettw Mvbb It ae mrnfa/ned through ronsWr[lon. The Developer shanhave, wlrhln Mellmlfs of Me yen act, an em yea Mead.-. Draw leftslde: s EXISTNG AfOUCER heck valve ere R➢Zd, es regvlrte). Me amemDlysnan mee[afff Standard Nv.fO<BwtOaJ. Aadl°mad I,- -d Deyarrmenr°/Consenarl°n andamesnvn (VDCp)MEmston ,rNSediren[ConDe!/can° Ae a�ea atms plgn[�ae: fp• ran ane nnarbn mnnw deHmsand mmaPrtrpn, ronnnwar ear/s /prnmpennrrenanm.,re zpmn EXISTING rRFE DRIP I/Nf w„w,,,..�.,,...•,.,....... remofes+re «nHre. Lan. OeArlantles shall br promyfly renifiee. legal Fehrenms 0011092 If PoSED ffaTUFES y10. Canfmtt lr MaN <mur. seequafe dorna9elsaMleveQ endmalnfemee vn Mr sire droop and of the e^Q o/ nsflnp Uze fsnpfe n`lmumr omenGs Per C°de GENERAL NOTES pnrD m. Pro➢os durr horny err.mre flr< Iz,opp rr v nbul g ors arS 1.1 70 I.Allwat<rand znwrl)hes I— rxlsfingorpmyesed VOOT nphr-o/-wayrhall aawemwmum m/rty-six (J6) Zon1na Dal �m emlamy llc: FAOPOSEO EDGE OF ➢AVEMFNT PIDG°EP f. vermlfr mast Ds issued )caro VDOilmor fo enY camfrvcnon MapvDlK npM./-waY/nmez rover and when pozslbfe shall De rrrsfal/ed und,1-d,,M1M1 AMA LIMh1M. 1 m^Itltt yalnfs. /din I Dlaxlm nn�� JS' Open svace Mlnlmum P 20' PROVO5E0 EOGF OF GAA Vft IrRQ° FC i. me Hanuaf on uM/arm TreMS Cmfrd DevKes (MUTCD) must De adnerM ro when w.rking M a vublfc nBM oI w,y. vfl.anY unuaval subrurram mne/Eons (e.pM u/su![ebfr sults synnp; r......z, wldr. ova; eKJ encountered Opt^ fpere Proposed I6% tt, 9}I s! ccs 1. ttar wMm ova aH mud and tleDrra ham lne yuDlK Nght of wsY [Mfrs Mh by wMcles entewnp dunngrMe Nurse ollronstmcnvn snail be mmedlafely bmuyhlfv Me attentbn °/the crag/neer and VOOT. Ww4 Partrrnp M,,,l, l 2sva per Mt PIOP. CUaea GUTTEN, eco -8 antl MavMg Me sRem snarl are tat M, untU an aeequsfe dazryn ren be defarminee by the mpinem eM apw.ved DY VOOT mpert/ez Mclud/rap ovnry renes ane rtlewerts, caused by Me deveropmant o/ 3.a/iMlartea,b.revw malenal+ne undemuf areas sUN De/nsvecfed and avprovN bye vOOTmpresenfaevraror .FOP. REVERsf CURB a GUTTER 1 Mn sett cal/I De he mDorrn d ,na t° planmeM and fill. Wham CBR [esliny,s repufmJ, s VDOT re➢resenfefive sten!! De➢resent [o Insure me Anyda spvnslDlliry Nfhe developer. AY damage must be revaheQ fop londillmr. samyle obfunedls representative.(Meloo!Ion. When sail samples em submitted lv pnwfe De Ily - /ebpr/or PFOPoSED COMOUA rSM S A coruirvnbn enhance most be imrsliedin acrorwnm wfM Me "VHgINa fmzlm ane sMfinenf ConhW est ng, Me ram➢tes shall be rlearty ldentiRed andhONee as belmpinp ro a pmjerr ro saepree Dy .DOT and res Mr me damn^prrnr amirrr. ems resnnp sMnxpemrmeemamrdmrr won mr.Pvnraale voorshne.,ns,^eyra<dares. FpoPosfo sFOrEtEvanoN ♦Ear �. rarroa D' .mer rorm.n m„nhm mer er Art roamwr ort Mrr, snDymde maenar. ane mekmu^mm i-i�ar tore :fir tea` MO -Ts h- m ems mr e a ue[e an mit/w romp, vrMrs rte. •inch//As fogs%°f Meare[ira/maximum dens/ ry/ttO� rewernenMes shall De rompaped f^slx (6) tar 54e 13,116 s! , Sr! PROPOSED STORK SEWER PRDP. N'.rIlS_ erpnna or w/ ate v l ryas defmmrnedb MSHN T-99 MefMQA, within Pl�swminus t.r wrdrn of sefe.rk I)J.20' BI.IB' 80.0 113551' 138. s9 J. A tt X ben�fane OlrNrMxe arm svMr roan sRr work er ronrhucflon S%vl opelmum mokMm for the full wldfh °l any ded"'Ild street nqM<I-way. Al foe dlmnl°^° Or, PFOPOSFO SANITARY SEWER - S S S 8, ah ronsfrvalon wit/ be dere h .M%T Me laws and gvldelrn,s se[ Mnh Dy OSH4 and VOSH. E, ".M._ Ce,tlfied m➢/es°/a(I festnrevorts^shalt De rubmltteOIN VDOo�eailY.wurtlaszOO cMee orhenv/sENMMe� MOPosfo rEtEPNONE -T -T -T - 9. marynemnor wnl^°nh enpMeer orrtrortl etmydlroe➢,nries betww^ma,yvmweyhnr end <xknnp sire ws. voorsmneard CD and uD aneerdmros snaYxlnnanetl where Md;raredm mere nark,naw,s rye[,red Dy PAO➢05FO EtECIAf[ rood/flans. Vp o. Pre devebpM, hl respmsib/e/gr fh,rOO.-.1MMy utNifies mpuirrtl Dy tete rBe Men. 6. me Mahllanon °ran PRO➢OSED GAS EINE f Y entrances and mailboxes wi[hln any dedir.rednreel nyhf-./-way shalt meet VOOT M-- sed/men! Control hvrces shown °n rMs rte ml^fmvm deslq^ sf°^Wrds and k [rte resp°^slD//try °!Me devefoper. PROVOSEO WATER {SNF + tl msena p/an coal/be Msrened➢rt.r ro ronsrnrrtMn. mtMlrefillmus[be mmyaMdfoaminimum a/95%eemlry /dMwing McMaQ'A'WMe Sean✓aid Vt>➢N.NtDOTamepranre olanY sheets all repulred sheet sgnage an Nor vawmenr markings shall De Msral(<e 0. vpOPO5E0 waiER 1 NETER 1`1NI! Prva.rA-1-0681, AASM0.T99, yr �lM-1 az anvl/c- Any MAMmeune<rbulldng; srmcNrez, w ' D e d<w,pperw. a. yDDrr ekrrefron, DY yDDi.n an arrwnf rem -M. barn.11... M. Mmwl D^ Contact Numbers Seals and Signatures PROPOSED F(RF HYDRANT evemenf must Oe lnspnfed andaporowd Dy a yrohsslonal salts engineer. Agee<erh^nal UnlMrm Pamc Conbol OeHces. d {BF IADP. EH tete nofep repprt soyersetlaz Vle. me decal°➢ar mora pmvide[o the VDOTAendenq OM<eenst ataNmatenal sources glerNthe shrtd provMed. 13. >herontmRor is responsfbM/orronfacHnq MISS UTILIiYpnwroanY rte wvM. All unlifles rhownmfhir mnshm,alon.Coviaz e!+rl,nwrceslw maredalsuHliied calfh)n mydMiohdzhe<[ri9hhp6way mase b<ymNded ITN OF M^ fat ��a��l VDOT Fesbmry OMmnne/roamptanre°/Mat work. (MIIaM Mfal yrrcrs may be obawred, survrvNvnrm: DJ COMM 1ABfl6a FEATURES am snnro+lmaM /xenms and not aU unlmes maY De shown. Greywalre, Enc. (500)50S -JB2/ �. 19. Aggmgafe Ms/ ane s[•bMse marenaH rnellee ylaced an svbpnde Dy means o/, merhankelryreader. 0ensiry nv Enhrremmf' w omen aN Nrtm and eebni on-r[e.th<wwk must be laRMan orderly mannarafineane ndur..v he denrlryc°nfm/sMp MacceManm w/M Sen/on 101 °/Me vOOt F°ae and Brldpa Department°/P/armNp (J90j 665-fbSl GRRY R. DATES rT hum vROPEftrv[/NE OF vgOJECT 11 pl eahworkday.lRro D'Ronanr anQVTM-IO.Arerti6ed romparnonlemnlcran shall peAorm Mese tests. Cernpedmplez v/tezt I NEIGHeOFfNG FROPERlYlJNfS IS. an aynmved nlo/rre plansmusf De on-slf<dunny Ma ronsfinetbn pmcazs, FF- mil De submllfed<o VDDT dally, unless sperJAed oth<rwke. In addlfbnro Necking alone dep[hz,s 1G Departmenldfnrpenbns (!10)665-5650 No. 1518-8 Trepmsenfab've sh<I/be noflAedand glum Me opyonunlry to Depresr^t donne Me ronrtrv[n°n and fuflrp °n ntl sediment Control: I6. iD nofiry eU ufOfry wmyanrcr ynw fo excav n w/mM easemenh ° Me densltY mntrvl sMp. ra/Oepartmanf /PUDnc Warks (500j 665-5611 !q EASEMEMtINf `r.nhxtw M/! E rad Warm: � SUR`1E O Il. TM ronfmRor wlU ned enerlmw, br sollrbDRlnfbm enY Ns[uhee areas rna[wNl De leR /w roam Man rhinY Azphaff ronvere pnvnnenf sten/tae placer/n arxoNann wlM SeR/on Jlf e/Me vDOTA.d. Briipe 5a^r frrdSC nrtafi.n AUManry(sa0) 869-1061 IYtOPERTY CORNER FOUND door SU SAyertficaflmrs. Denrry shall be eeNrmined vslnq Me densilymn[rds[nn as spMfied MSectbn llS and VM ->6. Tt( hone: oVsa vARXING SPACE TOTaIs m oRedmmp>cfbn fechnichn shell perprm Nese tezts.4rtlAed rogaz of m<fufrmorts shel/D<suDmlttM a Mrm (]01)950-618} © fav Tea Nr un TINIn6edoMnw,se.AVDOtrenresenrafiv<rhall be rrodAed and yivm Mea Fle lrrc. SffryI., Power(800596D50-11tJ TNESEP✓tNS ARE fN CONFORMANCE Wt IH COUNtt OF O pportunlry to be Gas: henandpah Gar Cy.( )869-Ilft ADA NAW-FAAk STAtt L€, DEPARTMENT OF INSPECTION GENERAL NOTES arrmtda g merons.Nmm enehsmgp/mrro-trip. nfssfmfm:l-ngd-fs2ogm FRfD£ATCK STANDAFOSAND ORDINANCES ANYOFVIAPON oR CHANGE w N£sE FLA-sNAtt BE AFPpov£D ITNE e 301, Me huneelbns /vr pfpe mrverK MlM-rix n6J /nMes andbmer shaX be ZONING aOMJNfsiAATOR vRIOR TO CONS/FUC-ETON. 1 SfGNf � 1. Bullelnp(s)muse mmpy w;M the VNpnIa UNJprm srefewMe eulleiny Code ane Me lnMmarbnal Bulldlny Code/20e0. expl�dael°win<p�i,��03.p/m<exrawnp^fp errermMe me ry➢e me rondium./m<mh^denen. TM `( O £ovndaflpneesrtnnd/raps°IrbunecNonexplomrlonNlhMI,,, rad., DOTrorapnrvva/anwf°platlny ZoningGeneral Notes SANfTaRY HANNOtE fOENTffffq '1 pipe gis zhallrompty wtM VOOT Foadand Bndye standard ve-l. Where soR, Yletding, or LQ 2. Adaslyn pro/esrivnalllcerkedo/MeC mmwsafM v/Wrpina rhaAsesl the ShucWnlyhns rvbmlffed /or bulldlnp Iherw/se unsuW. bund a non HenraurfereJ,rhe/eund1. Oe:/pn ane/.need/or rovneat/ora sfaDl/lrsnon STORM ORAfN STRUCNRF IOENTtFIEF © I7ll- Pla�Bm sf show all Myrenlagenas localtans Mfhe exhnwper GBO tI>.I-92 andm<ef mpwremrnn°/ sns!l De tl<lerminedby the enpineerendeyymved Dy VDOT. f kora t! /mum Exfen°r l;ghnnq w/nbe v,vv/dedby wall -park `• �Q ler E+lmn9 k Oreance Proposed f ryyh[s ettncnetl <° the D ldln9 a X9ntpoles. • �I Approval of fhls plan shah a+p/re Mree(Jl Years hum Me eaMOl Me aP➢rovaf letter. nvN mann A_ lwe O/s<urDance ,grate w111 be snleleee °r directed ronmwnf w U �2 LIGHT PoLfS -('y. 1. ins 2000 fnremaN.nnl Bvlldray Codr ran b<utnheO Mrbuilelnp eer/9N VSl 2 pfare on nelghbvnn9 ymyertlaz. 2 �� T' G-11 corp Ramys rnelrbe .natal/ed where rMKa[M m (nese phos a^y°r as ryeUfed Dy VDOr Flo°dplal^ AIO'p d 1. Oufde°rrcasn receymrles wmbe M an enuesM p j LOGTIOry Of TEST Pfis VI9. OOT sfanWrd Gua,dnilshal/DelnsfeX<dwn<m warranted en%°r ar pmposadon fMs<phns In aaordamx wlM Lakeza Ponds = 0% o s/x (bj bot .ante. 2 Q Oi's lnsralts[/on Mterla. Mnalappmval°lguamr°11.1. De elven III, -OT after gr>dl°g is mostly comp/eta. r/° ds>IAC Oe0. This pm)eR wlMn°r dlzturD enY a^v/mnmmral W l'I q� sinkholes Oeoes 0% leaNres as eefined by the FredWck County = y Ordlnanca. Wp W j FIRE MARSHALL GENERAL NOTES TRIP GENERATION DATA1. ell'«w�m.r D" ` g% D% f. melow^ wnrbertmmrbhrwpubMgw w o"o fROSlOxe sEDtMErviro FFAIUREs ymnl/np easements shown on fNs plan. 2 �V MspecUon by foe Nie ehrsMN's.Mce cast! determbe wnem curb tee➢ SMpaz x50% 0 acres 15% 0% o Oti O F y kro m+r e, wmrce rorow. 6. Enseme^1r cam M„rorerd endmnl<r smrrome INiEr vpor£rnory DL a0 1. AM No v+.trop-frm la,rr rronr w/N aenh.<em mr rfr br M, raw mm�,X•r mrerfron. J q„D'erMw/am. ti pn ma rim MYdreno r. me eirernm z deferm/ned DyMr Fim MarshaA. Tr% Generation npaemeafwr calla <r.am mK rM mvrr a. Z Q �o ounErvaarEErraN a caro. �� °!e o o•w ® r �y erorn➢Rrr anmmnegmnon reAaker, permR. Bammg rwrrwrtmn decor ker.nmgee. 5 Propas�s w s. Em<rym[y vrnKl<nae:. meal be M-1.11nmaz. ort hremna wlu b<,rwaw M. Me m.arroned 10 VPD's per Potential Home APPROVALS Ce '^ oz NF«DAM _OO RESPONSIBLE LAND DISTURBER 10 X s = sa VPD's DIVERSION OIxf ._T flLrfENCE wi wiaf sDPPoRT © NAME: LANDSCAPING NOTES rrrdenrk e.mrv6aDelHri.n AdmMlr , Datr sf1T £fNLEW/O WJFE SUPPORT ® CERTIFICATION #: 1. Miss M/Xfy must ae mnhcreepnorm y/annng_A Mplanuny boflons sltePlan apyrovel /mm .DOT wlN exp'm Mme �g�-A-�� and ufll(ry markrnys.L^e:.aero m+rtawke end our all trees srzte �ouemnmz ,l aid nenk:, f (3J Years hum the date al Me ayvrvvalletter. sED1MENTTRAv ,r fy-y_y�E � O EXP. DATE z. frtden[te.anry Spnhro Atlmmsiremr eyyrowlaxyrres arnw(sj years nom Mr ent<orrire man avyrorel. Aesnmzlale land OlsNAerls rMf panyrespem,Dfe Nr onying.ul foe lenddkturbM Z. Tures anQ snrvbs shall be nealrhy snd nee o/!^snY eqg;lansa,aM dkease. me ph^h mall haw °mM mats 1. TheFrteerKk C°u^tysanlGna^Aulnonry avproval is vaYQ br hvo Years ham date v(anpmval. f/mnshucnan is DATE: FEB. 2t, ]005 y attivlry use[! rain and Da wel/bmnMee. Pre phneer stenif gusmnfea a!(plants ler one Year, na[npropress a[mr end o/lha perbd, 4uthonh approval shall be wid. for °nr. maF,ededck[ounry Oeparbnen[MPualk Works approv°Ila not m°uphroaegin Tire eevebpmenf Tne N/A LONSTRUCPON ENTRANCE Q Nore:lAn on -rte are ronstmnlonm grrmvired wlfM1 Me Own�r,S/fe Contmrfar,Pub/K Wvrts,a Des/pner 3. ure.hredeedmukn In �ll ylant/ng Deds andamund!rtes. Taps hwn nam plant w/NMprovlded own err/ronhaciw mull abraMat>ndD/murbaI MrmA andagreempedodk MsnecfloP-11. De ooh. poor ro ommenrny anyrlfe wart. roMe owner S. The FrtdedcrrCvunry oepartmenf ollnsp<tttons apnmval Boaz oat ronsnNfea Duileinp permrf. BuildlnyphmFILE NO, MIMO the mnfmmr uer LO hfn . 0, onryannnqeparbnenr. DmIttend approve nw to conztroain^rttFnMzmst mt elADA remdM be eyyroved by Inspections. ET 1 OF 4 cnWdvry a ocEJdrrcry r"fwrvnnvE. ornrrEznnv.� +\ f + i � 1 }�\ � �� I � , . ae l 'uail,'e:'i:aro aenaem,re 1 - ov r: art<er/in'�"ma`�'e''ime ''a a°Ortina .r<mvamn t°x i;eili;r °`� \ 1 I 1 � \� I �f �-1 L•• .c mo be kR earmanl brmere fhan'meaanereas maturer vast ax lweas Darry ne emf ' �`�_ I 1e1. 1' C �N coin wlfnf :> am h mvynaele mr me rcmvamry n 1 y°r,<f<awn a y<vmmmf la,r a" ° >/r,ml,rockv a ` amsnn memrrynmrfmn,eaemrmm mac �en,ne. �. e i ___roe______— penia"int flue raver tool ae esrabnmm<n eenveeeamat not ytnmwrsa Y °\ anenllys .vermanenr veyetnon snap nvr De ronneemeafaansnetl unt/la - <m s`n:neb�`ro�ii efe:;crsi'r`nl �:wl nei, iv elm<r s'1�' / f' t _ - ____-- h� E9D 3'c /d_< 5.--- &P •--� l e.m ro<.�imm.el bent Mynumbnaduro;nan<e nkn➢fete' �\ ��,\ \ �� ___-' � �' �'I f� ^<Y meamrtr zney be>akeroearthen tfm<mms sum as gams, al4es,m v----- __-- _-��'�<, 'I iRi a are/r,R \ r0 - i d.s<am<mtmas,na,eammra„mz snau be errw�mam mnefmnm a.:<a Vean m<rofe/ �` _ res -- .vp .iu aan+v<>re, robe,ervm acme n•n or a,,.n. �` a. me mmmvm tfamy<raeer/n ora smimmf vap smnne Ile <umc nrds eerene or \ it �`� �___ __ -to. -___�- -- - ''/ t I era mane am„mfna vin snanmN romra emnaye,rees kss urea came acte.<. I 1 -� - /`tp--_--__-_- i Immattanm ' \ a_____ -_____tar___- -,. ---------------- V ___ _p,__ � IJ a.svmm mnam areas en,turompnuexrtaw rmm dam,ye emu 9mmer / _ �L( roan of eauarfomrte occur ar ae mnwllee Dvasee/menr aas�n. me mlmm ma`nunail \ �__________ _ <saanry ole zmw<nt Darin anex ee rla cuDm yares preue or era�navatlarea. ^ .ice - \- r ,e,mmr Ymn°alm :ra�kmhrwmkm. ',`/) �� J�_� — ITL SY�s�nO fe<s by bee �vr enyse cvnea,°n ne year v/prer°m - - -L spi� - j[, �r+c _. b < ne mf Layes sn eenpnea enc ronztmcemm �v �1 __ _ _ _ t wlll m�mmrsa Amnon. / ` shall be"pgHaeE wRAaearbv%hope steWxx/nymeuuw until <hepmDlemflsfrorireRm / <rk \ ---- i' _��' / %tFP7.1• \ + .g1FR�'�^r -'{ , ' / Ore=1l1 <hI NiA U i,� lM1e K6 0.=1Jy zhl P eco f mnyntn,nam nyw as«n/ �n ar nn,roa en"M'D;�at%'mm wimn,n \ t\ \ \ �`'� --- GRADING _ _ - m >FP rM'=956' c `�,<<mw.ar,<ms rrtm „ween,a .e wet er \\ I \y \•`\\ _- 58FCL€ARING AND/�_� OP m.ra<a armfe�rva r ,m>va <ram<remrmwn,nx eec\\ `\ - - '11MR _ _ ra urzro eor<eraak axone msrmmyn tn�me emtersea t° _ \ti: ��! _ � �pB'tlMNIE� -_-.-- wen marert mac lm n«amr nnye enee<m ron e - e �� e _ rl.eewre newN crosrmrrce �annwater mnvarents manrwb wpipes am mage yperafwns.. \ \ \ \ '- �r— % �A' .. �:�5 /---------l I 'Im 3cr b e dvane mnsfmnlvn. Nvnamelela m,r<r/aren,x be utmrvr me ronsbumani ' nine m'r«°v<Dn moms Earcnm Homer ee nr.e car m<t<ttrv<n„<z rnrm°me by ar a \\ \., \\� \�\, \\ \�� RR '/ �� ___- I `, '� �,t i r• r// ______________ �\ t shaAae pn �enkvlarsfream cnKmp`IronsrmtreJ o/nmemalbk marenaf \\ vy�s\ \\\ \ 1 �1 ��I 'ddv ---------- 14, ____\ `\ w,rcnm'„°°,rles sou ee m,f anewce v n :vena/ y wv n yr cm v < iii '- / / ��' \� �\ \ _ \$ 7 /ro��Yy DJrv9t9J• I /// THESE PLANS ARE FOR THE I%UST.9,LCATION OF STORM SEWER,3AN?ARY SEWER, �B-NATE*\ \\\\ p 4NONlDUf(L GRADING PLANS WITH ERO ION a o am m. m,vn,n ae place an fn<yvnnr sle. irrt a« e \ \\ ` t \\ ` � ' -'- R SEDIMENT CONTROL MEASURES WILL BE \\ \ r I U \ \\\, �.�� / / �/ 88E UIRED WH�N_APPLICA TION FOR'BUILDIlUG \\ \ / ppY p �- - g 0 PERMIISIG.MADE. ` rc_ ";m erwlyn �epm`meie:i eiiisn'on"d`net,n,n 5/T'f GRADING MAY NOT TAKE PTA'C�.WITt7 ' THIS PLAN�EXCC-PTAS RELATED T 7HE LAyp/i<abb retry reyu/anent men be cympka wen. \ \ \\ 1 `t /••,\\ \ \\� - r�---_____\ /qy _, �'� I r �,� 1vTru7yrN9TALt47ION; \\ or�pubi"c .tl ,van<"a r r Td ' °s mai eaai�V-1r:a O4ammusremax<am ms mmner. ma nix nzmn,ayrrro / \ - aneual eavewymmt bb as wa asro ranaastu rvNes rev _any wit �tB ear // /�\\/ � / \, , tt \ It 1` \\.�'�`l\\ ^ \� A\-----.� G'�nYL1'K /EALY `P®®Y -� -__\\ •\ � Va,lt ( I. ``\`` �s 'ln cue n�iim rvm„"°otm`eib oer�"a°,��in:;epi«em ✓ / ` \ r\ �`\ ` \t\\�I it I \\`�\� \/\\\�\�`�\� \ ~\` ___ +� erenn.ramnan,mtm/mmrenan. � \ � � \\.� \t t �` -\:\. \\\l'r<�_\__ \ �//!$w�� ' - �"�"��('-�g--'-�- \_-_ilm.`zo� o• zo� red wararwsyr avwnsneam hmn eev<bymmrslt,sMx be ymfettm hour / \ \ \ \ I 1 , \ � a\ ¢ � 9 I ® 2 W sealme�depvsifiary erttfm and aamaye cue ty lnv<ates In volume, ve/y<rn anapeak now � \ 1 i 1 `\` \ { GN1PHiC SGeE fe v{tbrmwarer rvnMd hrfherreel uenry dorm a/21nour aumnyn ln><roraana t - v E & S CONTROL NARRATIVE CONSTRUCTION OF A SIL FENCE p �1 rc i SUPPORT) p]pE OUTLET CONDITIONS a SILT FENCE CULVERT INLET (WITH WIRE S STONE CONSTRUCTION ENTRANCE °PSGrOHO° PROTECTION .tee.,.. `�""°n"r"�--Ti p¢ �neit,ems xeta e.ewem rn<k<.aawemak,m nrev<nan - e rn I> ° rwn .wcso foe w as�nr«t --< �� •M iw'n oxm s,a«rRyxm rel. me sae rsave<,nr <a'.pob�s��`m�im"mr.n�e,b,.�e<m n��;_lv ' ti y� �a �' neem,r wr <alxammrosmnemnaremldmy mm neaaax .nrom ven/e r m, nen � � � � wpw �� nine" rr s"1�' Ex6tlnv Slfe Corea nz em as xv", m r � � I �i �� p �4 SIDE ElMAT10N / +,,, M p 'ee`,net an /tan eeml awera`eVtnns9mam .m,rmwmm� ry v�: <;mmenamenr ar ,neehmrD nanlvlry..neanawa anwm � �/ /G° %�/ P t. � I ^ � p O fY T m unaeMee rh el. me 9m na oeriz n /FC/ /FL/ j 2rc 1 srmw < y slvn,ne,ee/menrzmrw meesum„mroee akvee o..v<nwa, me nix am % i O O 4 pW A-1 mes are rcr,tlenflallon ayra ypm.=eam,an enc zmimmr mvtmakn sn,u ee mnnra�neemtne,ee ere k/ r �`sp` ZEH p K pu vs® ,11�"< a Tners%aunt yee (ne a,'.r nn uae"arcate �m �N �. ,rte �wera�w+�a ®s a` RRN� W I1 , me mlk typos wdhynl Me USOgw•s Solk Surve °!ew' a ovum ne p/a W awnerrorrtw,. Anerr aea / n um ry. ,-- n „R• ,... a, ..� PLAN=EW 's y/uYemn s ros l` ovrtvem eroaron masmimenurwn„w me v y cvav p Inary "m`"�" _ (snai<Jran,: a yn ooze amro<k ,nr,anna OPTIONAL STONE COMBINATION ne ea y m«twt,"tla v ,a..alaemmf mmrw,ruamnr,neaa,mkaee.�. �� z /��. INLET PROTECTION NOTE: m ncynrmrvm<rt aro <„ n SILT FENCE USED AS INLET near FEenON 4-A mn,e`m rr<e, enc se.oway w.r nP<mnan,,«.w wul ea pxmnmmmm.ypm.x nleeav a,vka. 1 PROTECTION IS NOT m,tan �lrve`r°ne�rn lura` a erymtnryn me inn ,eu.,P,n raNN,n ALLOWED IN. FREDERICK M<� .melHe�v`v<�e��yol,,,: w.eneo aye:fmrmee okn wen as m•`on<pioemwla..,tM,n ue. m:e<immaakt r. °`<km"n fa m, .m meenwl..,�.,, arm �• __ M^ COUNTY CONTRACTOR MUST /N�v: IEe.x ti amrtai esm mr,<m. nine ar,oyumnyn arbxnm^a ,z,ry mve1rt a Y.,.d�r� -- �� STALL HE SHOWN. rNE Bo. ""'r` ,nwe`u� an a,p,N mr wmmtm me dnmm.eeroarmmrn mne,mnm noaNB-B '�'� 'p°r<wammr ym/w."a<nwm"mmr. mm,«an ym<e,,. ",rinem mn,t .m"rt,e.n".t EEr <ova - aaxw<z tn.Im D.. win PwA., a.w .k w mw,n. ram. �.1.7Ye�"'ei et 20' a• 20• m - ® LOT 8 f LOT 9 fl LOT101 LOT it I LOT 12 _ 858- 1 1, 858- t) /2 _ N \. 858-(1J-8 858-(1J-9 ' 85B- 1 JO (�- 1 O HAROLD V. GRAY, ✓R T ( f DONALD D. & 1 MARK & ANNE7Tf TUITON \\\- IRMGARD HERMAN i DAYSTAR HATING & BRENDA G756. . WELSH 030004055 \ \ \ DB J7J, PC t7B COOLINQ INC. \ , \ 08 880, PC JJ \ \ ZONED* RP ZONED: RP ON" RP JJ US£ RESIDENTIAL \ �n DB 790, PG )5B2 I ^"i USE: RE IDENT44L USE ' RESIDENTIAL ZONED: RP t USE. RESIDENTIAL USE Rf5lDENHAL 1 !�� ` `\I lCL)i N a \ \ \ \ \`\ \\� ` \' 4''r=eamr --,oe-'_.___ /,' I( a—'— I snag ("'� I o-r•A-� ti 9 v 3° C.0117 \ \ \�\ \J\\r''\ \\\`�� SM'�•F _lI3' '' I .'�'/'/ .•'/�•'� �_'� 1 _ b+.�.— �—.�-r=�,e-� rar.vae\ � � \ , I �^� �� \\\\`� \ j \� ^ \\ •` 1 \ _____ � -'. _. t/z %„! . is +ralhls ( T ' 66�F _ __ _ � NC1AYi'WK '`\ L' t i � �'__'� '7 AMD .'�/• � ___ Ids ___ I �. av lei i-_f._ LOJ JD /�, v ��' IFr �� 858-Irl-Jo �jiljJi -------------- _ _s-e''Si- / L-O-T 1 H�o�use Site '\�' I Dws[ZMAFEe -------- --Im eSIrIXRpN \ \ ��g, \ 1 \\`>�' ` `, �•�-``------=_---f>a02i'JmN:r Li)�s-� /1-- 12421:a! `\ ' �,\— • ru. A3 B/'RSII p am \ \ c�l�j. waar\i s. �. - MCL9I-'is ------- I as — 1Mr :+"": °r°"nvAs� r� 1 \ -`• t m�ssa ar p, /.� \ - ------ 'I aty>' X- - - -- - - - - - - - - - / ./\ � �\ \ \� r \•(js ��\ __ _____ - -' •r• _ �..��ast - D msso'-� z c� Itv wv.95s'� 0 for Jr B.LOT 4! _Hot5eSe - 1 De xA. FD rA5 • 858-(2j-7-49`� \\\ \e`\ •.� 4 LOT 2 DAVID G & �.� \ \ \ •_ - I,/ I� .�? / KAREN M. ADAMS \ \ \ �\�� `i� j \\qp0 �` \ .� i" a I ' �. _ I / // / �_13.>+etar____ 08 543 PG 686 w`� `.I , 1 ` \ \ ' i _ _ _ _ _ I ssHx ZONED: RP \ \ �\ 1 �\ Z /\ o / --z— 'op . _ 1 aAa= u• �— us £ USE, RESIDENTIAL \ \ Ae' ° yaa. 1T \� \\` .X/ -� LOT 5 - ,.I ,/ —/—: slid• a9c �� %w. { �otfYA'D 99 9r 1 e �.88•LH9 \ \\\ \ ig4.7Dt _aF I = '' ' .7' 1�. �� i • 1..1.m' tps ArFm t,a tnviA9s• \\ e� ! s a�\�� \\ �'�/`�° �� p :. X10, / LOT 50'—.''''`' \\ \\r D Q1 1 85C-((l)-2-50 L•oT"•�� j ` • , 7 o 7 TERRY I. DfHAV£N r DB 685, PG 277ZNEIL RP \ \f - t \ -� ___ a 'I Ii // �� `\j \\ G ` J •w / USEORESDENTIAL \ \\ \ \\\ I ' _ ) \`) ^li. \-____\_\_,,_., I I / / House Site \ \ ^�\ E AFa i /�_i—_T d- —i `\: j I 1 nsuuvJmv° \, L ` \i i I —1- 1AD 'L' ,' \\ p : 1't 1 ,\ o- �\' -- % fl for , L"et �' —= \ i 1 ' 2 �~l '°.� @ 1� \ '�� '� 85g�((4T3 ,,YENNEhI E &— \ i I li PATRLCU L. LINEB£RG t t ff I ,Ifr• 4I;� - 3 \ \\ \ \ `\\ t\ ZONED it I\.�� \\ '� ,sleD OB ZO77JN£OGR1015 1---_,l_ lied \ \ �s,r\ \Ii \� t\ \\ `\ L�„b USE RESIDENTIAL _ ff IK ' FIGURE, LANDSCAPING NOTES w o� ,,,aa,n., so rree:,. nl r2e.:-ean.a< <�r;,,ra or.kaw S aatred_ q - - I /.��_ §185 J8.Bf mad<ba subsfiluled)seelon Aa •` •.um."•'i�n ons uuuv. 1WFF-vINWKdAM PF0 H9PlF-18 AIDfO3E0 Llj DWMI /�aAOVA�t NFp EN! OFol sof •• •EE9Hutf AFANtNlHUY tvJ'G(lvEA ATE:FEB. 21. 200 "'4.��"�� .�.ew ,.,, a. ... a.....-,..e...... .I :•�4_—wuuw.rw.� Ia .�•n - re.owr.one SG E: VxEl STANDARD PRIVATC CNTRANCCS •un auu.exaowmmasaxu edrmrewa.xnamr.es 5�%e aorn�dsa t% fl>karedn��a e'I lfenan8cx9 EEi x of a d Mnin STORY S M SINFar SEWER w,W Im Exhibit "A" STEPHENS C1 C RT 277 1b VV VICINITI' MAP 1 " = 2000' FINAL SUBDIVISION PLAT FOR THE LANDS OF ANTHONY LEE COOK TO BE KNOWN AS MEADO WFIELD OPEQUON MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA MARCH 23, 2005 OWNER'S CERTIFICATE THIS SUBDIVISION SURVEY OF THE LANDS OF ANTHONY LEE COOK AS APPEARS ON THE ACCOMPANYING PLAT IS WITH THE CONSENT OF AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS, AND TRUSTEES, IF ANY. SIGNATURE - ANTHONY LEE COOK COMMONWEALTH Of VIRGINIA CITY/COUNTY OF TO WIT THE FOREGOING OWNER'S CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS_ DAY OF 1005, BY., PRINTED OWNER PRINTED NOTARYPUBLIC SIGNATURE NOTARYPUBLIC MY COMMISSION EXPIRES SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THE PARCELS CONTAINED IN THIS SUBDIVISION SURVEY ARE THE LANDS CONVEYED TO ANTHONY LEE COOK BY DEED FROM JOY H. COSTELLO AND LEWIS MICHAEL COSTELLO, OF RECORD IN THE FREDERICK COUNTY CIRCUIT COURT CLERKS OFFICE IN DEED BOOK 957 AT PAGE 01 DATED JANUARY 27, 2000, & INSTRUMENT 010001262 DATED FEBRUARY 7, 2001. GARY R. OATES, LAND SURVEYOR PARENT TRACTS APPROVAL PARCEL 85B -(1)-12A 1.717 ACRES FREDERICK COUNTY SUBDIVISION ADMINISTRATOR DATE ZONED: RP OF V FREDERICK COUNTY SANITATION AUTHORITY DATE �P\-TH j�C O j2 VIRGINIA DEPARTMENT OF TRANSPORTATION DATE U GARY R. OATES `v Redbud Road No. 1518-BInc.073 GreyW®Ife, �n{iWinchester, VA 22603 `9�0 Land Surveying and Consulting GreyWoifelnc@aol.com 540-545-7823 OFC l 540-545-4001 FAX SURV�yO� DRAWN BY: GRO FILE NO: 0103 1 SHEET 1 OF 4 NOTES 1. A FIELD SURVEY WAS PERFORMED BY GREYWOLFE, INC. IN JUNE OF 2003. 2. BASIS OF MERIDIAN IS BASED ON THE SUBDIVISION SURVEY OF RECORD BY H. BRUCE EDENS, CLS, DATED MAY 11, 1970 OF RECORD IN THE FREDERICK COUNTY CIRCUIT COURT CLERK'S OFFICE IN DEED BOOK 363 AT PAGE 663. 3. A TITLE REPORT HAS NOT BEEN FURNISHED, THEREFORE, OTHER EASEMENTS OR ENCUMBRANCES MAY EXIST THAT ARE NOT SHOWN ON THIS PLAT. 4. THESE PARCELS ARE LOCATED ON F.I. R.M. COMMUNITY PANEL - No. 510063 0200 B - DATED JUL Y 17, 1978 - IN FLOOD ZONE `C'AREAS OFMINIMAL FLOODING. 5. GRADING AND LOT DRAINAGE 15 THE RESPONSIBILITY OF EACH LOT OWNER. ABBREVIATIONS AREA TABULATION BRL = BUILDING RESTRICTION LINE ESMT = EASEMENT LOT ADJ. ACREAGE EX. = EXISTING 1 0.285 ACRES IPF = IRON PIPE FOUND 2 0.306 ACRES IRF = IRON ROD FOUND 3 0.293 ACRES PR. = PROPOSED 4 0.455 ACRES RES. = RESIDENTIAL 5 0.378 ACRES R, 0. W. = RIGHT OF WAY p = PROPERTY CORNER FOUND 858-(1)-12A = 1.717 ACRES p = 5/8" IRON ROD SET I \ � O I I Q Q� O�O Qz LOT 1 LOT 4 W I LOT 2 LOT 5 I 2- LOT 3 o 80' 0' 8o' 'VIP rm rdomr--1 GRAPHIC SCALE FINAL SUBDIVISION PLAT FOR THE LANDS OF ANTHONY LEE COOK TO BE KNOWN AS MEADOWFIELD OPEQUON MAGISTERIAL DISTRICT (:D FREDERICK COUNTY, VIRGINIA 1073 Redbud Road GreyWolfe, Inti. Winchester, VA 22603 om Land Surveying and Consulting Grey-545-7823o/. C 540-545-7823 OFC T 540-545-4001 FAX FILE NO: 0103 DATE: MARCH 23, 2005 SCALE: 1" = 80' 1 SHEET 2 OF 4 85B -(I)-10 858-(1 S 58 pgOPOSED rn " �� N 5 58 0'02 W 178.2 DAYSTAR HEATING & DONALD D, D. & ' COOLING, INC. BRENDA G. WELSH DB 790, PG 1582 I DB 756, PG 413 ZONED: RP ZONED: RP N 585 N56°5929" W USE: RES. USE: RES. SHED HED 6 L 518 "IRF aTNAfiE� �o S 61,q J� 50'02" E - 190.44' LOT 12,422 sf 0.285 ACRES 10' B.R.L. 855-(I)-12 MARK & ANNETTE TUTTON #030004055 ZONED: RP 1/2'IRF SHED USE: RES. —77 r 00` (TOTAL) :,Z.7'E u O K m 10.24' .IN EA�NT / / / 10,24' J— S 58 pgOPOSED rn " �� N 5 58 0'02 W 178.2 ' --' / SER EASEMENT----- i0' ANITARY SE_� SS . 14.40' POs —�`—__ PRb 186 D5' 2o' DRAINAGE EASEM NT 1--/ 05 02 N 585 N56°5929" W 6 L — LOT 2 w 13,346 sf 0.306 ACRES N Q aW ry Z a 10' B.R.L. N 54 °26'35" W 170.93' j Lr) ¢. : 10' B.R.L. J Z -.o. LOT 12,755 sf m Q 0.293 ACRES Uj 4- I O' 10' B.R.L. a PROPOSED .10' DRAINAGEAND LANDSCAPING. EASEMENT.. � O O N 50°1734" W - 164.83' SHED 112 "IRF 85B -(I)-13 KENNETH F. & PA CIA77 L. (SSE SHED DB G 1015RG DB 773, PG 1015 I HOUSE ZONED: RP USE: RES. FINAL SUBDIVISION PLAT FOR PLT H OF THE LANDS OF ANTHONY LEE COOK TO BE KNOWN AS off' l�c� MEADO WFIELD ? U GARY R, OATES Y OPEQUON MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA No. 1518-B 1073 Redbud Road GreyWolfe, Inc. Winchester, VA 22603 GreyWoifelncC)aoi.com SURv�nd Surveying and Consulting 540-545-7823 OFC 540-545-4001 FAX FILE NO: 0103 DATE: MARCH 23, 2005 SCALE: 1 " = 30' 1 SHEET 3 OF 4 85B-(1)-8 85B-(1)-9 85B-(1)-10 HAROLD V. GRAY, JR IRMGARD HERMAN DAYSTAR HEATING & DB 373, PG 178 DB 880, PG 33 COOLING, INC. ZONED: RP ZONED: RP DB 790, PG 1582 5/8USE.' RES. USE: RES. ZONED: RP " IRF - O USE: RES. 518 "IRF �IZ244 °33 'IRF 00"E -151.84' (TOTAL RAINAO 112 'IRF PR. 10'D 10'B,R,L, GE& LANDSCAPINGESMT LOT 4 c l 19,822 sf 0.455 ACRES N GN kD n 'i N 62°0 - 16 O 168.47 \ �z N 61°52'05' W \ fB 0 W , o 5 pO2 1 19.48' ry \'r LOT 5 �r 16,450 sf 13� \ s 0.378 ACRES z 10' B.R.L. PR. 10' DRAINAGE & LANDSC ING ESMT 3/4"IRFOl_�� N 50°1734" W- 91.61' (TOTAL) 1/1'IRF \\ 85B -(I)-13 SHED \\ KENNETH F. & PATRICIA L. LINEBERG DB 773, PG 1015 ZONED: RP EASEMENT NOTES USE: RES. 1, THE 20' SANITARY SEWER EASEMENT SHOWN IS HEREBY DEDICATED TO THE FREDERICK COUNTY SANITATION AUTHORITY OVERLAPS EXISTING DRAINAGE EASEMENT. 2. A PRIVATE 10' SANITARY SEWER EASEMENT OVER LOT 2 TO BENEFIT LOT 3 IS HEREBY DEDICATED. 3. THE 10' DRAINAGE AND LANDSCAPING EASEMENTS SHOWN ALONG THE PERIMETER IS INTENDED TO DIRECT DRAINAGE FROM NEIGHBORING PROPERTIES, PROPOSED HOUSES ON THE NEW LOTS, AND TOWARDS THE LARGER 20' AND 30' 4. DRAINAGE EASEMENTS IN THE CENTER OF THIS PROJECT, THE LANDSCAPING ASPECT OF THE EASEMENT IS INTENDED TO RECEIVE THE REQUIRED TREE PLANTINGS AS REQUIRED BY THE COUNTY ZONING ORDINANCE SECTION 165-36.A. 5, AN EXISTING 15' DRAINAGE EASEMENT WAS SHOWN ON THE PLAT BY H. BRUCE EDENS ENTITLED "THE MEADOWS" AND RECORDED IN DEED BOOK 363 ON PAGE 664. HOWEVER, THIS DRAINAGE EASEMENT WAS NOT DIMENSIONED INFERRING THAT IT WAS TO BE OVER THE EXISTING SWALE OVER THIS LAND AS IT MIGHT MIGRATE OVER TIME. THIS PROJECT HEREB Y INCRE45ES THE WIDTH OF THIS EASEMENT TO 20'0 VER A PROPOSED CULVERT DIRECTING THE FLOW, AND 30' WIDE WHERE IT ENTERS EWING LANE. THIS HAS BEEN DONE TO INSURE ADEQUATE AREA TO ADDRESS ANY FUTURE DRAINAGE ISSUES. FINAL SUBDIVISION PLAT FOR LTH OF I THE LANDS OF ANTHONY LEE COOK TO BE KNOWN AS o �P V PGI MEADOWFIELD OPEQUON MAGISTERIAL DISTRICT U GARY R. OATES �' FREDERICK COUNTY, VIRGINIA No. 1518-B 1073 Redbud Road GreyWolfe, Inc. Winchester, VA 22603 y�Q Land Surveying and Consulting GreyWo/felncC�ao/.com �� SURv� �* 540-545-7823 OFC 540-545-4001 FAX FILE NO: 0103 DATE: MARCH 23, 2005 SCALE: 1" = 30' 1 SHEET 4 OF 4 0 n 11 SUBDIVISION WAIVER REQUEST w�IGK' cO��a DEBORAH DORMAN DUTCHER ° Staff Report for the Planning Commission w o Prepared- May 31, 2005 daft Conacl: Mark R. Gheran, Zoning Administrator 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: 06/15/05 Pending Board of Supervisors: 07/13/05 Pending LOCATION: This property is located at the intersection of Dover Lane and Chapel Road, approximately 100' west of the Route 627 intersection with Route 758. MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBER: 83-A-106 PROPERTY ZONING & PRESENT USE: RA (Rural Areas) District Land Use: Vacant ADJOINING PROPERTY ZONING & USE: North: Zone RA South: Zone RA East: Zone RA West: Zone RA Use: Residential Use: Agricultural Use: Agricultural Use: Residential/Agricultural SUBDIVISION WAIVER SPECIFICS: The applicant is requesting a subdivision waiver regarding Section (s) 144-5 & 144-31 (B) (1) of the Frederick County Code. The applicant is requesting an appeal of the decision of the Frederick County Zoning and Subdivision Administrator to allow any further division of a rural preservation tract. The applicant is requesting to subdivide and reduce a 74% rural preservation tract to 40% of the original tract. Subdivision Waiver Request — Deborah Dorman Dutcher May 31, 2005 Page 2 Background: This rural preservation subdivision was created under Chapter 21, Article 4, Section 4-6-4 of the Frederick County Zoning Ordinance adopted February14, 1990, and amended on December 11, 1991, which allows lot sizes of no less than two (2) acres, with the exception of a minimum of 40% as a rural preservation tract. This preservation tract must be dedicated and recorded in the Frederick County Court House and must stay intact, with one building right. The recorded plat for this rural preservation subdivision shows 58 acres being the rural preservation tract. This plat was recorded June 16, 1992, with lot 4 being identified as the rural preservation tract of this rural preservation subdivision, approved by Frederick County on June 3, 1992 (Exhibit "A"). Chapter 21, Article 4, Section 4-6-4.1 of the Frederick County Zoning Ordinance, under which the Wanda Rosenfeld Proesher Estate subdivision division was created, states the rural preservation tract must be identified. The tract created under this section must stay intact, and cannot be changed though any land use applications. The Frederick County Zoning Ordinance was amended on October 13, 1993, with the same provisions regarding rural preservation subdivisions as this subdivision was created, under Chapter 21 of the Frederick County Zoning Ordinance (Exhibit "B). Section 165-54 D (c) of the Frederick Zoning Ordinance does not allow the rural preservation tract to be changed through any land use applications. Any changes of the rural preservation tract must be in accordance with Section 165-54 (3) (Exhibit "C"). The applicant is requesting to subdivide and reduce this 74% rural preservation tract by 34%. The rural preservation tract will be 40% of the parent tract. This subdivision does not meet the requirements set forth in Section 165-54 (3) of the Frederick County Zoning Ordinance, any reduction or subdivision of this rural preservation tract would not be in accordance with the 2003 Comprehensive Policy Plan of Frederick County. The 2003 Comprehensive Policy Plan of Frederick County identifies this area of Frederick County as a rural area with no planned or identified land use policy. STAFF RECOMMENDATION FOR 06/15/05 PLANNING COMMISSION MEETING: Staff is requesting to affirm the decision of the Zoning and Subdivision Administrator in the administration of Section (s) 144-5 & 144-31 B (1) Subdivision of Land, Frederick County Code. This rural preservation subdivision does not meet previsions set forth in Section 165-54 D (c) of the Frederick County Zoning Ordinance. Therefore, the granting of this waiver would not be appropriate, and this approved rural preservation subdivision should not be changed with regards to the recorded plat of record. Following the Planning Commission discussion, it would be appropriate to forward a recommendation to the Board of Supervisors regarding this Subdivision request. All issues and concerns raised by the Planning Commission will be forwarded to the Board of Supervisors for their consideration. 83 A 82 BUFFALO MARSH, LLC 83 A 80 ENGLISH, DAVID M 83 A 108A BOYER, DENNIS F 83 A '106B`- SPIKER, KENNETH W & MA 83 A 106A CHRISTOPHER R & TAMMY'L 83 A 106C COFT,ON, GARY A & PRISCILLA'L ` f 759 83 A 106E KOLL•ER, MARK BRIAN & JENNIFER M PJ 83 A 106 DORMAN, DEBORAH R 83 A 108 BOYER, DENNIS F. Map Features Application /'\/ Bridges ~ Culverts Parcels Lak-JP-ds ^V Dams Agricultural & Forestral Districts +A� Streams ^/ Retaining Walls - IMuble Church Bindings �Road Centerlines Refuge Chu N Tanks A CD South Frederick N W E S 83 A ROCK BUILDERS, INC BUILDERS, INC" 83 A 103B ROCK BUILDERS, INC 83 A 109 CHEMSTONE CORPORATION Wavier Request # 04 - 05 Deborah Dorman Dutcher (83-A-106) 0 250 500 1,000 Feet INC 6 11.1 8Q \�N Ph 84 6 9 FITH, MARK A & y 'P -Www *, . 0" 0 Wavier Request # 04 - 05 Deborah Dorman Dutcher N (83-A-106) w E 0 250 500 1,000 S Feet Map Features ^� Bridges Appli-bon ^� Culverts Parcels Lakes/Ponds Dams ABrioultural S Forestral Districts +.e - Streams ^/ Retaining Walls i Double Church Buildings Road Centerlines Refuge Church Tanks South Frederick r'R Trails 'P -Www *, . 0" 0 Wavier Request # 04 - 05 Deborah Dorman Dutcher N (83-A-106) w E 0 250 500 1,000 S Feet DIVISION o OF* THE LAND OF 4NAINDA RQSEN� PROESCHERSTATE OpEOUON DISTRICT r,asp wnv zzuiv7v 1/1f? M4 pZ MAY 1992 1-7 Exhibit "A" Bill 9 PG 0 3 4 V�i L.L " Fp,KMS PYcres TAX OAP AC. 83 A 106 ZONED R A_ Mwirs C"y � -wa ow na ruT, r wn+ Tjc rAu r-oHSCNT AND r ACCOM- wntn roc o[MEJ or Tm r*o►OKTOA CO TIMATEL ypA� CLRTt1Ca.I t-: PMTIDN OF T»[ LAnO COW -'EYED TFC m To Cz, TTY TMAT THE L&M W Txs SUdDM � IS AI L Or THE m M 550, �K�A ROd� D M*OtgC," DT DM DATED to A OGUST 19e2 IM DEEB �� JSO. PAGE 90l (SEE A so WILL 9oac r>x rMw[ �sa1. CHAPTER 2 AMMLE 4. SECTION 49-4 L. ALLEN EBERT PROFESSIONAL LAND SUM/EYOR 35 W. MBCAM sr. *p► $Tjp, VA 276Lr - 4740 703 667 3233 BK779Pcp367 �H SNpP N� h' t'AGE 4 OF d a Tj O m rC+ O LVALUEBE^ �'L� No, 149$ C�vn 9UR��. 09 o cp - A tw P� 'IYb.P• �O�i e J.1 Y0Et�� r- _ �3 LOT 4 58.847 - '- - A CRFS n� RURAL PRESERVATION O LOT.• • °' J 74% OF TOTAL TRACT d f Tj O m rC+ O LVALUEBE^ �'L� No, 149$ C�vn 9UR��. .�'•-r i� yin :q`i;, ' 7 � 1 ,,, r .. e't� s • PACT 8 Ar a 8K 79PGO368 ?bm aeearjVm%yip4 Plat represents a BcuwdarY BumW`3 of the ramminiM portion of the ted eon—yed to Randa P.osenfeld Proesdior by Deed dated 18 ?'uz%at 1982 in Deer] 6ocik S�Pa 80L (see ate* Will :delo92, Pyle 384). 7. m maid Land front_• the SettthmIkstern 90"ury Line of Va. Route 759 and the Oenter tine of Va. Mosta 627, sawd lido i.o Opoquon Iistrict, tre.4erit3: Csomnt7, Virginia: 8egiaesisq at an iran pin (f,,M) in the ^-•.`6_te,r Line Of Va. Routs 759, a corner to the Earaaw Land thee. --a with the said Line, a 48' 39' 43" A - 1,346.98 ft. to a point in the 6enter Line �-f VA. Route 677; th rbow with the six following said 0enter Lines, with t1w Arc Line' $99.25 ft. (Cf$ard 8 01' 30' 32" E - 575.35 ft_, Radium 608.749 ft.); tbrroe d 27' 01' 34" W - 91.17 ft.; tImAnce with the Arc Line 391.48 1-t_ (Chord 9 10' 20, 56^ V 28'f . 98 f t. , ttadi uu 500.703 f t . OI 19' 11" R - 159.32 tt.; then►_ with tt- Arc Line 221.57 !t. (chord 5 39' 24' 52" Z - 209.46 tt., Radium 191.849 ft,); thawoe S 72` 30' o3" C - 341.10 ft. tO A comer to the Chcmtcne Corporation turd; thence with tt.A three follawlx* Lines of the said t:od, M 47' 16' 36" E - 18.07 ft. to to irm pin (found), and C--j"ti,tyuing. M 47' 16' 36" t - 1,032.04 ft. IN ALL to an iron Pin (touod) . thar�e A 43' 47' 22" t - 149.00 f t . to an icon Pin (! ois.d) : thanc+sIt 47' 10' 03" E -'1,628.92 ft. to an irm pin (fo=md), a corner to tba ampp Uwd• throes with the Deuthustexn Ltue of Lhe acid Lard, N 57- 09' 26" M - 1,212.00 ft. to an iron pin (found), a corner to the nald ftumns Iand; thanow with the two following Un** of the ;&eid !mood. 8 53' 03' 15" M - 132.40 ft. to an iron pin (towrad); thwbce N :i6' 36' 43" W - 470.00 ft, t0 this bealmnioQ- Cuntainiv2: 1Svrvvred: 22 tar 1992a sv t+ ; VIRE NIA: FREDEW-K COLVM. Th;* instru~l of %weiting was pr to me on the �Y ACr-Q�cy � 17�t1�=`,�� 'nG vAc rliAwte % pl ack:-x oowi"innt tloereto annexed wew S� / edmilled to r000M. I . Gp�`pN �pjNL P S�6 00 19 1,44U RC6 �6. W ,pN,4 5 � �'L Nip � t, �.�• Oe . , o r� g w L.OT 2 W- a � I L w W LOT 3 F- 14.505 oo ACRES y C; � a42 rP��IJ•�'IWO p �V 0 S r r f 17-5ot 1�1ah d Y NO 1 u Z`2\ ax779PG030 p ' Sip?p G ��,lN 6 5�K�300 �[r1 wp ►W Vz Og �� Og��o .9 1, 00 fayLOT 4 1 QI 58.847 L,oT � y � `ti - • - - ,4 CRSS RURAL �' b PRE5ERY.4T ON Lor.. 74% OF d � TOTAL TRAcr a LCT 3 a14.�a 0 3 0 in t2 ACRES fr q Aa" • r ti � tD l I gad, uj to 000 10 �'l3• ' � L AILC E is V 4i6. 1498 gip' •�` E.�1 y i_� ..: (J ►-i�.,c � �: �__, .;.,.�r�r,,",; j� �.�i, j Exhibit "B" 21-4-6 created, for legitimate agricultural purposes as defined by this ordinance, provided the parcels created qualify for land use assessment. 4-6-4 RURAL PRESERVATION LOTS - Within the Rural Areas (RA) Zone, lots as small as two (2) acres shall be permitted on tracts over twenty (20) acres in size, subject to the provisions of Article 4-4-1 and the following: 4-6-4.1 Forty (40) Percent of Parcel to Remain Undivided - Forty (40) percent of the parent tract must remain intact as a contiguous parcel. This acreage must be designated prior to the division of the fourth (4th) lot. No future division of this portion of the parent tract will be permitted. 4-6-4.1.2 Exception to Single Forty (40) Percent Parcel - In cases where excessive topography or other natural features of a site create a situation where a higher quality subdivision design, resulting in less physical and or -visual disruption could be achieved by allowing two (2). residual parcels to be created, the Planning Commission may permit the forty (40) percent to be made up of two (2) parcels. 4-6-4.2 Board Waiver of Division Restriction - Ten (10) years from the date of the creation of any forty (40) percent parcel and following a public hearing, the Board of Supervisors may release the parcel from the restrictions of 4-6-4.1 through the process of rezoning provided that the rezoning is consistent with the goals of the Comprehensive Plan in effect at that time. Any forty (40) percent parcel which is within the Urban Development Area (UDA) at the time of its creation or is included within the UDA as a result of a future expansion of the UDA, shall be eligible for rezoning at thatpoint and shall not be subject to the ten (10) year restriction on rezoning. 4-7 SETBACK REQUIREMENTS The following setback requirements shall apply to all parcels within the Rural Areas (RA) Zoning District. 4-7-1, PERIMETER SETBACKS - Periphery setbacks for all lots shall be as follows: 4-7-1.1 Principal Uses - The minimum setback for any principal use or structure, constructed or initiated after the date of adoption of this section, and located on a lot which adjoins the undivided portion of the parent tract or a parcel not created from the parent tract, shall be one hundred (100) feet from the lot line adjoining said parcel(s). Where a lot abuts a parcel used for agricultural purposes, the minimum setback shall be one hundred (100) feet. The minimum setback from any active orchard shall be two hundred (200) Exhibit "C" § 165-54 ZONING § 165-54 (1) Within the RA Rural Areas District, lots as small as two acres shall be permitted on tracts over 20 acres in size, subject to the following; [Amended 10-13-1993] (a) Forty percent of the parent tract must remain intact as a contiguous parcel. (b) This acreage must be designated prior to the division of the fourth lot. (c) No future division of this portion of the parent tract will be permitted, (2) Exception to single forty -percent parcel, In cases where excessive topography or other natural features of a site create a situation where a higher quality subdivision design, resulting in less physical and/or visual disruption could be achieved by allowing two residual parcels to be created, the Planning Commission may permit the 40°/6 to be made up of two parcels, (3) Board waiver of division restriction. Ten years from the date of the creation of any forty -percent parcel and following a public (Cont'd on page 16577) 16576.1 12-15-2004 § 165-54 ZONING § 165-55 hearing, the Board of Supervisors may release the parcel from the restrictinns of Subsection D(1) through the process of rezoning, provided that the rezoning is consistent with the goals of the Comprehensive Plan in effect at that time. Any forty - percent parcel which is within the Urban Development Area (UDA) at the time of its creation or is included within the UDA as a result of a future expansion of the UDA, shall be eligible for rezoning at that point and shall not be subject to the ten-year restriction on rezoning. § 165-55. Setback requirements. [Amended 12-11-1991; 6-9-19931 The following setback requirements shall apply to all parcels within the RA Rural Areas Zoning District. A. Traditional five -acre lots. Setbacks from traditional five -acre lots shall be as set out below. (1) Front setbacks. The front setback for any principal or accessory use or structure located on a traditional five -acre lot shall be 60 feet from the property line or right-of-way of the street, road or ingress/egress easement. (2) Side or rear setbacks. The minimum side or rear setback for any principal use or structure shall be determined by the primary use of the adjoining parcel as follows: Adjoining Land Use Residential/vacant Agricultural Orchard Setback (Side and Rear) (feet) 50 100 200 B. Rural preservation lots. The minimum setbacks from rural preservation lot lines which adjoin other rural preservation lots shall be as set out below. Side and rear setbacks from rural preservation lot lines which adjoin any parcel other than another rural preservation lot shall be determined by § 165-55A(2) of this chapter. (1) Front setback. The front setback for any principal or accessory use or structure shall be 60 feet from the right-of-way of any 16577 10-20-2002 Artz �- A5500ate5, P.L.C. 16 East Piccadilly Street Wlnche5ter, VA 22601 540-667-3233 540-667-9188 (Fax) Toll free 800-755-7320 m i kea rtz L 5he nte 1. net May 20, 2005 Mark R. Cheran, Zoning Administrator Department of Planning and Development Frederick County RE: Subdivision Waiver Request for Debra Dorman Dutcher — Fox Lea Rural Preservation Lot Subdivision Mark, This letter is to provide you with additional documentation to support my request for a Subdivision Waiver regarding Section 144-31.C,1(b) and Section 165-54.D(1)(c) of the Frederick County Code. It is my contention that Section 165-54.D(1)(c) is intended to only prevent any future division of 40% of the original parent tract. In reading this section of the code in its' entirety, it is my opinion that only 40% was intended to be preserved. In the case where a tract larger than 40% was designated I believe that a further subdivision is possible as long as all the other requirements of 165-52, 53, and 54 could be met. This is the situation in this case. Ms. Dutcher created a Rural Preservation Subdivison in 1992 that created a 74% Rural Preservation. Lot. At that time she did not desire to subdivide her entire parcel into lots and believed that she could further subdivide as long as she retained a minimum of 40% in the Rural Preservation Lot. The Zoning Administrator at the time, Wayne Miller, indicated that this was and still is his interpretation of this section of the code. In addition, as recently as June of 2000, the Zoning Administrator at the time, Mike Ruddy, approved a Rural Preservation Subdivision for Walnut Springs that was prepared by me. He specifically requested that I include Note #9 regarding the Rural Preservation Lot on the approved Preliminary Sketch Plan as follows: "Parent tract (Parcel 161) cannot be further subdivided without the approval of a Revised Preliminary Sketch Plan. In no case shall this lot be reduced below 67.252 Acres. " The 67.252 Acres represents 50% of the original parcel of 134.503 Acres. Instead of the normal minimum 40% Rural Preservation Lot, a proffer of a 50% Rural Preservation Lot was committed to the Planning Commission on April 18, 1999 for an approved Waiver request to the minimum length of a cul-de-sac road. I have included a copy of the approved Walnut Springs Preliminary Sketch Plan as part of this package. It is obvious from this information that Section 165-54.D(1) is now being interpreted differently from previous Planning Department personnel interpretations. I want to be clear that I am requesting for a waiver to Section 165-54.D(1)(c) to allow the existing Dutcher property (shown as Fox Lea Rural Preservation Lot Subdivision on the attached plan) to be further subdivided and reduce the existing 74% Rural Preservation Lot to 40% of the original parcel as I believe the code intended to allow. The parcel WOULD NOT be reduced below 40%. Sincegely� Michael M. Artz, L.S. COUNTY of FREDERICK i7 Department of Planning and Development fi 107 North Kent Street ! Winchester, Virginia 22601-5000 Telephone: 540/665-5651 FAX: 540/665-6395 WAIVER/EXCEPTIONS REQUEST APPLICATION 1. Applicant: Name: U is i.Ret- Telephone: Address: y4 e + _7 �asT p�� ►may �T (,,1��r J 2-® 2. Property owner (if different than above): Name: Deft f -A tk 4 • Va1'ZM tJ PZT r', +(6tZ Address: C?_1_34 5 x eg'V ► EW 9d, Telephone: 5*40" " _!�'`D '?✓ IZL70M c s -T.5 V► 17 2 r 3. Contact person (if other than above): Name: Telephone: 4. Waiver request details (include specific ordinance requirements to be waived): 1(.5 -5+ V (1) Cc) a- 14,11- --17) c 1. (�;,) 5. Property Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): 1Cy 1F.P.S-6GT►ViJ d i 'C76Y15YZ LAN'v � 604re - 00AP. AfPrzox. job' Q.�,-r 6r 2o4TE 62'7 IN%EPS&triGAJ `N i'(�H Z W -r E -75t? 6. Parcel Identification/Location: Parcel Identification Number �A l 6 Magisterial District: 'f) fg q Uor� 7. Property zoning and current use: Zoned: 1Z /' Current Use 8. Attachments: Adjoining Property Owners List District 129SIr,--SW7IAYt- IAc--i2-1cu L-10j2A L-- Existing/recorded and Proposed Plats OFFICE USE ONLY: Fee: $500 enclosed: Receipt #: G i 9. List of Adjoining Properties: The following names and addresses are all of the individuals, funs, or corporations owning property adjacent to the property for which the waiver or exception is being sought, including properties at the sides, rear, and in front of (across street from) the subject property. (Use additional pages if necessary.) These people will be notified by mail of this application. NAME J?j56tt :5 IftIEZ Address 165 t2jZC)V;6e• L.,gr1E, IU IIgi7 z-rb%dAJ IP( 2261!• Property ID # gam.,,.. -1,0 I V 8.4 '�aJtD l� ��sGt.►s�f AddressI%VgggEtz LAt4e y�4)�(v,.�TDv�nl l►��r`L-A-4 Property ID # Wo e-YnI ANIS }Ct-SAV, Address 100 C,440?E►— fid, p',I t PLC -%t nl VA 22645 Property ID # AaAe,V, S, 4- J 6 lF�tF- A4. K L�91Z Address 10" 11�jof'FAt,v AP,4-0+ (Z -#'— -d-rGni"J�Q;1Z Property ID # 8-17 - A - I D 6 F-7 ,.V6ntn e f44 to . -t M7iQ a K' D. S+P► tC E� Address 1 sv3 ��vfl"a o )kpa-ev t" M) OPL96 o wnl Property ID # $'?, - '4 - 1 D 6 $ kM s f,77v S w ) N Address y42 4-)21*4e Rd W )AC, 414 2 Property ID # 4- G ( �r4 E flo g -(`roll Address '�� 1�x `71 �IR S '�2b `7 Property ID # ff�?7 - 16 Address Property ID # Address Property ID # Address Property 1D # Address Property ID # - Page 2 - zU4; 6 o l.. N 8 J W All L1B N 01 . .J E All .1B I LIB 5]4'3839 E {2.3.22 LIJ 3 M02.3B E 1108.18 cT G G 899.21 {)."Y {7 ;n N 8 }i i3 E- a{OB IJ TIII.M 309.4 186.- N 65tH SB E W-JJ{T 250f.H 218.20 x18.84 N ]0544] E 04} {p 1327.88 x21.5{ 221.2 62 10&4 18 N 801903 E 0.57178 ' Lt9 N 28']221 lY &19.83 G N BB'JB 31 E 09}3].3 2)5.00 11).11 ilSJ9 N IB'M 14'E .3019 20 111.0.1 7i 5 74'5859 E 8]2.82 ' J 1 W .3,00,15 s0 N 89'5 S7 w 11.3.08 ' L21 3Y0364 W: 10..31 124 N sloe rr s1o.n 1.892 AD. J. PBESEM: QANFR, HENRY C ETRDNFR, JR, t. NA -RUTH BUETINEN s M 871, Po. 1011,- - TOTAL PRL¢ 1 MFA p i A� 4. PgMO1 TAY PARCO- N0. - 28 -(U)) -le/ 20NE: RA piL49E 2 - s s J 5! w sessz i 9 Dr2c ry eJ7.3f - e. ;1NFFE YlB1 BE NO'PIWATE FNIfl.WCES CONSMUCIFD MOND'SIONY Hp1 flOJD (VA RIE. BBB), LOTS.13 THRU 19 1&IM AD, 7. LOts I'PNIIE ??ANLL BE.ISALTIFD - TA% PMDE1. 10'NUMBFJS T8-3-1'.TMN TZ 1aY.T3. MILL .. N&N. OEOIGTNk1 - BETAW THE PABENf'TAX PARCf], p N0..2B-A-lei. 3 �� lxB. 5 BJ4 W 98 IOTK MG .. 10. -RR M IAPPRDY OF FINAL PUTS. VOOT MIRTTAFMOVVEE fl0OAI) CL TTFWCDON MD OFSiDN.PIAN& I]{.00J AC. �g WMRFI.EE.IR. I:TAI. -pLyy�pl .gyp \ �� .. PROPosm OEN511Y 22 tars PWS 1 RURK PBMM TBM IDT '.flDR"'PPFSUNATfgI 10.% PAAFlYT.PMtfl - (1313W % 0.10) - 3]d01 ALRE4 PFwm 163.5 A� � ,/ 57 ..,RURAL PRESERVATION ..LOT SUBDIVISION' ' � v,veo --m, . a ..:: �- � I- r -'xoD• WALNUT SPRINGS � 4 r,t i, '',f \,'1 , ��/ ✓/ /,///ice - ''' SiROTF1Ek 2 Nis Liz NozeR 0' TDD 400 600 I1rKTIVH7E5 . ' 'Tr r+WCJNEI Y. ARRs - 99 1' n ) • er . _ �..� 0 FREDERICK COUNTY ZONING ADMINIS)RATDR DATE . YI NI FIA -11 -0 ; GAINESSCRO. DISTRICT, - OWNt7t° DE4FL06ER -:? s1ExT FREDERICK COUNTY, HENRY G.auETiNER, .� q VIRGINIA : 4372 NOR7NN'E$iE({R PIRG 1NNCN65TFlY, VA !tF ' 7ELEPHOHE3W-647 N011" APPA 9UUNNfY \. \ �� 1. IXISDNO Rlw1. LwlM OF sIONY Hu. BON.(9A Iii BBB) is M•. M AOOMOWL 3' OFDIGTION EDR P105E 1 \ 'NUPE M10Q11ND . ett4 A{AF/D! OCCUR9FD A1aN0 P, l f _. E%_. IaT b wn PLACED ON 9ECOR0.. IOR 1 MRU 7 &LOIS-21 TNRU 22 (9.089 \ 2. 9MIGNM ORMIm NY PLNMINO CDMY1w,N FOB IFNOM OF ],900' WL -OE -SAC ON 1/18/99 fl01D pEDIG60N 1.892 AD. J. PBESEM: QANFR, HENRY C ETRDNFR, JR, t. NA -RUTH BUETINEN s M 871, Po. 1011,- - TOTAL PRL¢ 1 MFA p i A� 4. PgMO1 TAY PARCO- N0. - 28 -(U)) -le/ 20NE: RA piL49E 2 CUMEM uss: AdlIgILTUR" - :PPom UE 1E9L0a INRU 12 eem .. z.7e1 9 AACe. 3.MMERM.OEGTWNQOS µ E TAILLN 111101iMPROI-O TOT& PHASE 2 1,1 Y 'NLX W ! iF2T. PRISE J - e. ;1NFFE YlB1 BE NO'PIWATE FNIfl.WCES CONSMUCIFD MOND'SIONY Hp1 flOJD (VA RIE. BBB), LOTS.13 THRU 19 1&IM AD, 7. LOts I'PNIIE ??ANLL BE.ISALTIFD - TA% PMDE1. 10'NUMBFJS T8-3-1'.TMN TZ 1aY.T3. MILL .. N&N. OEOIGTNk1 - BETAW THE PABENf'TAX PARCf], p N0..2B-A-lei. 3 ., x3 TOT" LOts "'N'SFJNED BY 23. YR &IDf PF6UNA CUL -OE -SBC.' 101s 1. TNRU ACIS D ANO E 81.317 X. 9. PARENTTRACT (181) GNNOT BE .3180 "M S"o"O"D WRHOU ME APPRD)" OF A iRv6m PHEl1NBLAlTt IOTK MG .. 10. -RR M IAPPRDY OF FINAL PUTS. VOOT MIRTTAFMOVVEE fl0OAI) CL TTFWCDON MD OFSiDN.PIAN& I]{.00J AC. - MFA TAB mm, ' YOTK ABG IN To PMCF1 Te -((A))-181 - 1.3130.1 MIlIM PER F11D SUNYEY AUDAID DQ 91Y (1.3130.3/s) - 27 IDIS Pllli i'RUBtL PR6EINAlpN !Df .. PROPosm OEN511Y 22 tars PWS 1 RURK PBMM TBM IDT '.flDR"'PPFSUNATfgI 10.% PAAFlYT.PMtfl - (1313W % 0.10) - 3]d01 ALRE4 PFwm '31303,x 0.30) - 87.2'12 AMM 6DIILMNED TO.PWBIINO CafrivoiT xNm 4/ie/99 613ta PitS05ED' (eDf[j - ..,RURAL PRESERVATION ..LOT SUBDIVISION' ' � v,veo --m, . a ..:: �- � I- r -'xoD• WALNUT SPRINGS � PRELIMINARY SKETCH'PLAT 4 r,t i, '',f \,'1 , ��/ ✓/ /,///ice - ''' SiROTF1Ek 2 Nis Liz NozeR 0' TDD 400 600 I1rKTIVH7E5 . ' 'Tr r+WCJNEI Y. ARRs - 99 1' n ) • er . _ �..� 0 FREDERICK COUNTY ZONING ADMINIS)RATDR DATE . YI NI FIA -11 -0 ; GAINESSCRO. DISTRICT, - OWNt7t° DE4FL06ER -:? s1ExT FREDERICK COUNTY, HENRY G.auETiNER, .� q VIRGINIA : 4372 NOR7NN'E$iE({R PIRG 1NNCN65TFlY, VA !tF ' 7ELEPHOHE3W-647 LOT 1 TM #83-A-1068 TM #83 -A -306A XENNERH W.8 MARCNA O. 0' 700 400 SDD NO E f. PARIENT TAIL E'PARCELAOR = 83-((A))-105 ZONE: M CUPoIENt 115E AGIIIgILiM11 PROP NS USE AESEfRAL t ASED ONTURIL 2 FOOT COMUUR AERIIL IAAPPING. SHOWN ILL YSIMEDm ON iH 0P prO LM 5 BE X PARCELEERIM ID U. ERS ]. IDIS S TNRU 18 NTLL BE ASSWNED NEW TAX PNN.Et ID NUY8E3 BJ- -3 THIIU t& lDf 4 WILL REENN ME PARENT PARCEL iD N0. 05. a �� ? ER SU 4. PNIENT 1RIDT aDT 4) cvatOr BE N1RIHER SU. ME WRHOUT ME APP.RWN. Of A PEMSm F PPELNNMY SIQTOI RNL N NO EASY SEYLL ME RURIL PREEINAl10N tDf MFA SUYWRY 1XGi0F1 M.%ARRa - BERFDUCm BF1DW ]tesla ACRES 5. 0 MK t 1. 1 3,t 4 WERE CREATED UNDER ME RURAL pp6pNAl IGT CP (SECRoN 155-]4 D). HOWEVER NO PiR1WX SIQTgE PUT WAS AA R Q 2 1. 6 4 EAST TODAY FASTING IOT 2 EAmNO IDT 3A 2558 ACS 3.577 ACRE Od' O ��. N. . IGI AS ORIGINALLY CREAM ORIONAL IOT 3 NAS SUSSEOUENRS BEEN FUMNER STIR NM RNO EAS G i M ANO 30. A 0.]80 AC. PNEIWN OF OWGNV. o mw tOf 38 & W 0.125 ACRES 441 �D y'+r:1^• _ LOT 3 HAS BEEN Ammm AMU CONSg1VATm WIIN iY j53 -A-105& 16 -1058 {OTS S.000 AORES •�tiSh,H� NEWMILY ACRES 20.3mCRES �i NEW LOT0 a :1 2.252 ARE NEW EDT 2. MEA TASULATAN. TOOL MFA IN NEW lflT 10 NEF LOT 11 2000 ACRE TAX PlACFL 83j(A.)}*iOP (PPoOR TO ORIEADL IDIS (, 2 3. Q • ]0.58] MA6 PER FltID SURYEY NiDWEO OQISRY h0$TI/5) iS IOfS PUFa 1 t a N✓ESEMAA110N IDT NEW lDF 13 2.000 ACRE 2000 ACRES 1��' a}, !•' PROPOSED OEi15f15` 13 tO15 NI15 I MNL PR6FR/ATION lDT AND 1 FAYLY tDT IXEVPROfd N 13 20W ACNE OO INNAL PREEINAIXN 40X PARE PARCEL - (7PA87 X 0.40) T 31A RULE REAUWED IIEN t4 15 2.000 ACREw ACRES 3t9040 ACRES PROPOSED (40.tX)2. 11EN LOT 18 ONPEL ROAD DMICARON 2oW ACRES 0.731 ACRE pRCNER COURT RURAL PRESERVATION IDT 4 1.038 ACRE 31.804 ACRE TOtAL 70.087 ACRE FPED8= CMM SUMM510N AOEYO MqW RURAL PRESERVATION LOT SUBDIVISION 10Wm# N as Ns DATE MIN HAP °" OAI 3MDARY 3 SONE - 200• FOX LEA OPEOUON DISTRICT OWNER-OEVOAPERT 3003 FREDERICK COUNLY, - °®ORAN w euN °ul°{°E t PRELIMINARY SKETCH PLAT VIRGINIA 99j9i_'A•.I0I 08611 P01732 s ^� .. ... NE6IFOL /Pse u