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PC 10-19-05 Meeting AgendaAGENDA FREDERICK COUNTY PLANNING COMMISSION The Board Room Frederick County Administration Building . Winchester, Virginia October 19, 2005 7:00 P.M. CALL TO ORDER TAB 1) September 21, 2005 Minutes........................................................................................... (A) 2) Committee Reports.................................................................................................. (no tab) 3) Citizen Comments.................................................................................................... (no tab) PUBLIC MEETING 4) Subdivision Request #21-05 of Macedonia Acres, submitted by BC Consultants, for eight single-family detached houses (four existing houses and four proposed houses). The property is located immediately north of the intersection of existing Macedonia Church Road (Route 756) and Owens Lane/Maryland Drive, and is identified with Property Identification Numbers 75C-1-9, 75C -1-10A, 75C-1-11, 75C-1-12, 75C-1-13, in the Shawnee Magisterial District. Mr. Cheran....................................................................................................................... (B) DISCUSSION 5) Site Plan #56-05 - Crooked Run Wastewater- Reclamation Facility Mr. Cheran....................................................................................................................... (C) 6) Other FILE COPY C� 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 September 21, 2005. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; Roger L. Thomas, Vice Chairman/ Opequon District; John H. Light, Stonewall District; Pat Gochenour, Red Bud District; George J. Kriz, Gainesboro District; Robert A. Morris, Shawnee District; June M. Wilmot, Shawnee District; Greg L. Unger, Back Creek District; Cordell Watt, Back Creek District; Richard C. Ours, Opequon District; H. Paige Manuel, Member -At -Large; Barbara Van Osten, Board of Supervisors' Liaison; and Lawrence R Ambrogi, Legal Counsel. ABSENT: Charles E. Triplett, Gainesboro District; Marie F. Straub, Red Bud District; and David Shore, City of Winchester Liaison. STAFF PRESENT: Eric R Lawrence, Planning Director; Michael T. Ruddy, Deputy Planning Director; Mark R. Cheran, Zoning & Subdivision Administrator; 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 Wilmot, the Planning Commission minutes of August 17, 2005 were unanimously approved as presented. COMMITTEE REPORTS Comprehensive Plans & Programs Subcommittee (CPPS) — 09/12/05 Mtg. Commissioner Light reported that the CPPS reviewed Comprehensive Policy Plan changes for the Bowman/Shoemaker property for inclusion into the UDA (Urban Development Area) with mixed uses. Commissioner Light said the CPPS made a recommendation for denial, which will be sent forward. He said that in addition, the CPPS discussed the UDA Study and its goals. Frederick County Planning Commission Page 1603 Minutes of September 21, 2005 on I -2 - Historic Resources Advisory Board (HRAB) — 09/20/05 Mtg. Commissioner Gochenour reported that the HRAB talked about bringing back Frederick County's Historic Plaque Program. She said that the HRAB not only reviewed information on the properties already included in the program, but heard about property owners who are interested in obtaining a plaque. Commissioner Gochnenour reported that the HRAB will be working on their approach to informing the public about how they can become involved. City of Winchester Planning Commission — 09/20/05 Mtg. Commissioner Ours reported that the City Planning Commission forwarded an ordinance to City Council that would rezone approximately 134 acres of land as part of their new Corridor Overlay District. He explained that this is the Amherst Street-Merrimans Lane area on the western side of Winchester and is the first of three proposed overlay districts in the City. Commissioner Ours said that this action was taken after they had tabled the rezoning last month because of a last minute appeal by Winchester Medical Center. In addition, Commissioner Ours reported that the City Planning Commission approved a site plan for the construction of the History and Tourism Center at 1400 South Pleasant Valley Road, which is a joint project between the Shenandoah University, the City of Winchester, and Frederick County because it will house the University's tourism center, as well as the Convention Visitor Bureau, and the Welcome Center. INTRODUCTION OF AREA VISITOR Commissioner Kriz introduced Mr. Kent Bagley, a Planning Commissioner from Littleton, Colorado, who was visiting the Frederick County area. Commissioner Kriz said that former Frederick County Planning Director, Robert W. Watkins, filled the position vacated by Mr. Bagley at the Aurora City Planning Office in Colorado. Everyone welcomed Mr. Bagley, who was present just to observe the proceedings. PUBLIC HEARING Rezoning #14-05 of JCA IV White Hall, LLC to rezone five acres from RA (Rural Areas) to MI (Light Industrial) District and 15 acres from MI (Light Industrial) to M1 with modified proffers. The properties are located 950 feet west from the 323 interchange, off of 1-81, approximately 2,560 feet south of Rest Church Road, along proposed Zachary Ann Lane. The properties are further identified with PINs 33-9-6, 33-9-7, and 33-9-8 in the Stonewall Magisterial District. Frederick County Planning Commission Page 1604 Minutes of September 21, 2005 ponA r—. -3 - Action — Recommended Approval Deputy Planning Director, Michael T. Ruddy, reported that this application proposes to rezone five acres from RA (Rural Areas) to M 1(Light Industrial) and 15 acres from M 1(Light Industrial) to MI (Light Industrial) with modified proffers for the establishment of a Caterpillar Maintenance and Sales Facility. Mr. Ruddy explained that this property is within the Whitehall Business Park, which was approved by the Board of Supervisors through a rezoning on December 12, 1990 and a Master Development Plan on June 6, 1996. He gave the Commission some history of the site and how the configuration of the three lots came about. Mr_ Ruddy noted that the parcels are located within the County's Sewer and Water Service Area (SWSA) and within the area encompassed by the Northeast Frederick Land Use Plan. He said that the addition of the five acres of RA -zoned land into the Whitehall Business Park under the M1 -Zoning classification would be consistent with the existing Whitehall Business Park development and would further the land use goals of the Comprehensive Policy Plan. Mr. Ruddy continued, stating that the site has approximately 1,940 feet of frontage along I-81. He said the applicant has made efforts through the proffer to minimize the disturbance of mature woodland areas along the southern perimeter of the property and along I-81. The applicant is proposing to construct their facility on the area of the property presently zoned M1; the application does not specifically proffer a use or building square footage for the five acres currently zoned RA. Mr. Ruddy reported that all of the transportation improvements identified in the proffer statement will be implemented prior to the issuance of an occupancy permit for the proposed facility. In addition, Zachery Ann Lane will only be extended to the northern limits of Lot 6, instead of the northern limits of Lot 8, which was envisioned in the master development plan for Whitehall Business Park Mr. Ruddy next proceeded to review the applicant's proffer statement, which included a monetary contribution, landscaping and tree preservation, road improvements to Zachary Ann Lane and Rest Church Road, and the extension of water and sewer from the east side of I-81 into the Whitehall Business Park. Mr. James (Jamie) C. Alban, IV, the President of the Alban Tractor Company, introduced himself and Mr. David E. Lellock, P.E., L.S., with Urban Engineering & Associates, Inc., the design and engineering firm for the project. Using a Powerpoint presentation, Mr. Alban presented an overview of the company and Mr. Lellock presented the technical aspects of the project. Commission members inquired about the water reclamation system and how it would function; they also asked how the residue, such as oil skim or other by-products, would be accumulated and disposed The applicants described the water reclamation system they anticipate installing, noting that approximately 50-60% of wash water will be recycled within the truck wash and almost 100% of the wash -pit water for heavy equipment will be recycled. The applicants cormnented that their wash -pit water is tested every 18 months for contaminants. Mr. Bob Marano, Vice President of Alban Tractor, stated that primarily dirt and mud comes off of the tractors, which is non -hazardous and can be disposed of normally. The applicants added that an oil -water separator will be internal to the building within the truck wash. A Commission member asked about oil -water separators in the parking lot area. The applicants said they had considered it, but were not that far along in the design process. Frederick County Planning Commission Page 1605 Minutes of September 21, 2005 00 0 & F -7 -4 - There were no public comments. Upon motion made by Commissioner Light and seconded by Commissioner Kriz, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Rezoning 414-05 of JCA IV White Hall, LLC to rezone five acres from RA (Rural Areas) to Mi (Light Industrial) District and 15 acres from M1 (Light Industrial) to M1 with modified proffers. (Commissioners Straub and Triplett were absent from the meeting.) DISCUSSION WINCHESTER REGIONAL AIRPORT MASTER DEVELOPMENT PLAN The Executive Director of the Winchester Regional Airport, Ms. Serena (Renny) Manuel, came forward and thanked the Commission for the opportunity to present the Winchester Regional Airport's master development plan which depicts projected airport development on the northern side of the airport for the next 20 years. Ms. Manuel stated that an updated master plan is one of the components of the airport's Six -Year Capital Improvement Project Plan. She provided a copy of the master plan to each member of the Commission. Ms. Manuel next introduced Mr. John Longnaker with Delta Airport Consultants, the engineering firm that has worked with the Winchester Regional Airport over the last 20 years and who produced the airport's second master development plan. Mr. Longnaker presented the plan to the Commission and reviewed with them in detail the sections dealing with the inventory of existing facilities, the forecast for future aircraft activity, facility requirements, and two alternative future development plans. Mr. Longnaker said that Alternative Development Plan 42 was selected by the FAA (Federal Aviation Administration), primarily because it met FAA criteria. He stressed the importance of FAA approval because projects would be eligible for FAA funding, which will pay for 90-95% of improvements to the airfield. Mr. Longnaker next took questions from the Commission members. Commissioner Moms stated that one of the issues faced by the Planning Commission is the development activity around the airport and how this potential development fits in with the airport's future plans. He asked Mr. Longnaker if the airport's master plan would assist the Commission in making decisions about potential development around the airport. Mr. Longnaker said that the study on surrounding land use was actually done in the early 1990s as part of the airport's original master plan. Mr. Longnaker said an Overlay District was established and land use was a major component of that master plan. He said there was no reason to change anything in that first study with this more recent master plan update. Board of Supervisors' Liaison, Ms. Barbara Van Osten, commented that Mr. Longnaker had stated that the existing 5,500 feet of runway was satisfactory; she asked Mr. Longnaker if he anticipated this runway length to be acceptable into the future. Mr. Longnaker replied that it was up to the local community to make the decision of whether to accommodate larger aircraft that demand longer runways. He said a 5,500 -foot runway will accommodate DC -9s, Gulf Stream 4s and 5s, but will not have the overseas markets which would require 6,500 feet of runway. He added that the Winchester Airport is in an area that has some constraints and Frederick County Planning Commission Page 1606 Minutes of September 21, 2005 Do D 6: -5- 5,500 feet will meet many of the needs of the market this area has captured; therefore, he believed the existing runway length was reasonable for the future. Ms. Van Osten inquired if land was available to lengthen the runway. Taking into consideration the existing runway orientation, Mr. Longnaker said that Victory Road would have to be closed with a cul-de-sac; he also suggested some limited space towards the interstate. Mr. Longnaker believed it could be done, but with considerable expense for road relocations, traffic generation changes, and relocation, of the instrument landing system. Commissioner Thomas was interested in useful tools to assist the Commission in making land use decisions around the airport. He asked about a supplement to the plan that would show the decibel ratings of projected noise generation in relation to distance from the runway moving out from the airport. He was also interested in an aero dome map that would show height restrictions in the surrounding areas for development. Mr. Longnaker said that both of those documents had already been produced and were available, however, they were not a part of this plan. He said that he would work with the Planning Staff and make sure they had the updated information for the Commission's use. Ms. Manuel returned to the podium adding that the FAA relies on the local jurisdictions to protect their airports and their investments and that is why land use issues are not included in the airport's master plans; she said that land use was addressed in the first master plan and it has been incorporated into the Comprehensive Policy Plan by Frederick County. Commissioner Thomas suggested placing the airport's master plan on on a 3-D CAD so that overlays or layers containing noise contours, aero domes, flight paths, or crash zones, could be viewed and visualized. Chairman DeHaven thanked the Airport Authority and their consultant for this update. Chairman DeHaven said that he would be interested in seeing an even longer-term look into the future. He hoped the report included suggestions for long-range planning and for updating, as time passes and events change. Chairman DeHaven said that his concern was that 20 years from now, there will be even more constraints than there are today; he said he would like to see the County protect the long-term viability of its investment in the airport, so it can continue to grow. O'T'HER Commissioner Gochenour reported that she attended a conference entitled, "Growing Communities on Karst," at the National Conservation Training Center in Shepherdstown, West Virginia. Commissioner Gochenour reported on the topics of discussion, which included storm water management and sunk -hole treatment. She had numerous informational materials to share with the Planning Commissioners. Frederick County Plamming Commission Page 1607 Minutes of September 21, 2005 Do n 8 r rT ADJOURNMENT There being no further business to discuss, the meeting adjourned at 8:15 p.m. Respectfully submitted, Charles S. DeHaven, Jr., Chairman Eric R_ Lawrence, Secretary Frederick Count), Planning Commission Page 1608 Minutes of September 21, 2005 09 01h IF d v b C C� • Co SUBDIVISION REQUEST # 21-05 MACEDONIA ACRES aStaff Report for the Planning Commission w Prepared: September 29, 2005 A� 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 Planning Commission: 10/19/05 Board of Supervisors: 11/09/05 Action Pending Pending LOCATION: This property is located immediately north of the intersection of existing Macedonia Church. Road (Route 756) and Owens Lane/Maryland Drive, between Mosby Station and Wakeland Manor. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBERS: 75C-1-9, 75C -1-10A, 75C-1-11, 75C-1-12, 75C-1-13 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 4.20 acres into eight single family detached traditional houses. Subdivision Application #21-05 September 29, 2005 Page 2 REVIEW AGENCY COMMENTS: Department of Transportation: The application for subdivision of this property appears to have little measurable impact on Route 756, Macedonia Church Road, and a measurable impact on Route 642, Tasker Road, the VDOT facilities which would provide access to the property. This section of street is currently not in the State's Secondary Road System. All entrance design and drainage features must meet State requirements if the street is to be eligible for acceptance. A complete set of construction plans will be required for review. See attached comments from letter written by VDOT to BC Consultants dated 8/2/05. • A preconstruction conference be held by the engineer and/or developer with the attendance of the contractor, various County agencies and VDOT prior to initiation of work. • Materials used and method of construction shall apply to current observed VDOT Road & Bridge Specifications applicable during construction of this development. • Our review and comments are general in nature. Should conditions in the field exist such that additional measures are warranted, such measures shall be completed to the satisfaction of the Department prior to inclusion into the Secondary Road System. • Attached is a copy of the minimum requirements and information needed prior to acceptance of subdivision streets into the Secondary System. This is the responsibility of the developer. • All drainage is to be carried within the right-of-way in ditch lines or gutters along the street to a pipe or drainage easement. • The contractor shall notify VDOT when work is to begin or cease for any undetermined length of time. VDOT will also require 48 hours notice for inspections. • Since this re -subdivision falls within an already approved for permit subdivision phase, no VDOT land use permit will be required. • If mailboxes are to be placed along the roadway fronting lots, a minimum 4' shall be between the edge of pavement and the front of mailbox. • Private entrances will be installed in accordance with VDOT Standard CG -9D. This is the developer's responsibility. • Any entrances constructed from the referenced street(s) shall meet VDOT minimum standards. This is the developer's responsibility. • Any signs to be installed will be in accordance with MUTCD by FHWA. • Any utilities and/or storm sewer placed within the proposed right-of-way be backfilled completely with C.R. Type 21-B Stone. • A copy of any/all RECORDED PLATS of dedication to public use (Frederick County) for drainage easements or additional right-of-way required for implementation of this proposed Fire and Rescue: Plans approved as submitted. Sanitation Authority: 1" review — approved as noted two items. Subdivision Application #21-05 September 29, 2005 Page 3 Public Works: We offer no comments at this time. Therefore, we recommend approval of the subject subdivision plan. Inspections: No comment. Parks and Recreation: No comments GIS: The existing road name of Owens Lane will be used for addressing. No additional road names or changes were noted. Structure numbering will be assigned during the building and permitting process. Frederick County Public Schools: Based on the information provided, it is anticipated that the proposed 4 single-family homes will yield 1 high school student, 1 middle school student and 2 elementary school students for a total of 4 new students upon build -out. 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 144-12-B). The Master Development Plan (MDP) requirement may be waived under Section 165-134A of the Frederick County Zoning Ordinance 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 on the Subdivision request is necessary. Subdivision Application #21-05 September 29, 2005 Page 3 Background This proposed subdivision will create a total of eight (8) residential lots with four (4) new residential building lots, and four (4) lots with existing structures. The lot size(s) will be between 15,000 and 32,000 square feet in size. These four (4) new lots comply with the dimensional requirements of the single-family detached traditional urban housing type, in particular the minimum lot size of 15,000 square -feet. These proposed lots will have access via Owens Lane and Macedonia Church Road (Rt. 756). While not a subdivision requirement,this subdivision has proposed the approved Owens Lane design details that are consistent with Wakeland Manor Phase 6, to include streetlights and sidewalks. The lots in the vicinity of the subject subdivision are generally 15,000 to 20,000 square feet in size in established neighborhoods, with established homes. This proposed subdivision will be consistent with the surrounding neighborhoods, and located within the UDA and SWSA as indicated by the 2003 Comprehensive Policy Plan of Frederick County. STAFF RECOMMENDATION FOR 10/19/05 PLANNING COMMISSION MEETING: The proposed subdivision appears to satisfy agency and ordinance requirements, and has had the Master Development Plan (MDP) requirement waived. These proposed lots comply with the dimensional requirements of the single-family detached traditional urban housing type. A recommendation from the Planning Commission to the Board of Supervisors regarding this subdivision request is desired. 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. 203A ---- Talamore Dr - 19 r 19 2 18 0�p 2r N Q. gyp, 7 �pJ 6 7 20 19 100 75 A 100 WAKELAND MANOR LAND TRUST yCO- 16 �C�p ^yV�p�� yV p2O `1 04 �P o' 10 1 W � h 8 41 9 i 10 Q h o 12 13 18 17 14 15 , 47 48 h 10A Al o ^yp?� 8 pyo �y o �p v� �y 7 V Q� '� �� 4j Q� q- 9 y�Q� �Q� ���`'^ •�'�� ^ 5 �yv AV 4 3 A v� 75M 1 49 49 Macedonia Church`gd 56 W/L75M 11 50 50 75M 11 46 PETER W 46 LANGAN, JAMES 54 55 Map Features Bridges rlApplicab- ^� —:� cm�erts _ Parcels In LakeslPonds /�/ Dams (Agricultural 8 Forestral Distrlets Streams ^i Retaining Walls . Douple Church Buildings Road Centerlines - Refuge church N Tanks "�V CD South Frederick Nrra7s W E S Subdivision Request # 21 - 05 Macedonia Acres (75C-1- 9,10A,11,12,13) 0 50 100 200 Feet 57 x 62 58 ur - T $f, icu - 10 : ai 12 0 13 75M 1 49 tr, 49 r as*Ch+�uvr:ch�*.Rd 17 1q 7yly0 so gT e + 75M .1 1 46 WI KEy, ATER�yy i� 46 �ANGAN, JAS 15 ME 55 Map Features Subdivision Request # 21 - 05 Application ^� Bries dg ^'°°'Vey '—;Par°els ^ Macedonia Acres Lakes/Ponds / Dams Agricultural 8 Forestral Districts M..-= Streams ^e Retaining WaiiS - Dade Ctyam B.edinga Road Centerlines Refuge Church N ( 75C -1 - 9, 10A, 11, 12, 13 ) ' Tanks CD South Frederick N W E 0 50 100 200 •- s.... Trails S Feet .4f fF 10A, COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 June 21, 2005 Mr. Mike Tucker BC Consultants 43 W. Jubal Early Drive Winchester, VA 22601 RE: MDP (Master Development Plan) Waiver Request Macedonia Areas Re -Subdivision Zoning District: RP (Residential Performance); Shawnee Magisterial District Property Identification Number (PIN) 75C -1 -9,10A, 11, 12, and 13 Dear Mike: I am in receipt of your letter, dated May 16, 2005, which requests a waiver to the requirement for a master development plan for the re -subdivision of five lots into eight (8) single-family detached residential lots on the above -referenced properties. These properties are located on Macedonia Church Road, between Wakeland Manor and Mosby Station in the Stephens City area; the Wakeland Manor Inc. and Wakeland Manor Land Trust presently own these properties. Section 165-134 of the Frederick County Zoning Ordinance gives the Director of Planning and Development the ability to waive the requirement for a master development plan under certain conditions. The proposed development meets these conditions. It contains less than ten traditional detached single family units; it is not an integral portion of a future development; it is planned to be developed in a manner that is harmonious with surrounding properties and land uses; and, the development does not substantially affect the purpose and intent of the Zoning Ordinance. Therefore, your request for a waiver to the master development plan requirement is appropriate in this situation. Please be advised that this waiver does not eliminate any applicable development and design requirements of the Frederick County Subdivision and Zoning Ordinances. Prior to the development of this property, a subdivision must be reviewed and approved by Frederick County. As we discussed, Owen Lane will need to be improved for dedication to the state, with curb, gutter, and sidewalks, consistent with the adjacent Wakeland Manor development. contact me if you have any questions regarding this letter. Singetely, x EricTt Lawrence, AICP Plannm2 Director cc: Mark R. Cheran, Zoning & Subdivision Administrator Rex Wakeman, Wakeland Manor, L.C. ERL/bad 107 North Kaut Ctr ea.., Strait- 0 "I'Vin hestcr, Virginia 21;1UU1-JVVV � APPLICATION AND CHECKLIST SUBDIVISION FREDERICK COUNTY, VIRGINIA Date: Application #XiK MDP? Yes V No If no, has MDP requirement been waived by the Planning Director? Yes No If MDP requirement has not been waived, fill in the following public hearing dates: 1 Planning Commission: J �� Board of Supervisors: f' Applicant/Agent: BC Consultants Address: 43 West Jubal Early Drive Winchester, VA 22601 Phone Number: 540-665-0475 Owner's Name: Wakeland Manor, L.C. Address: 300 Craig Drive Stephens City, VA 22655 Please list names of all owners, principals, and/or majority stockholders: Rex L. Wakeman Contact Person: Rex Wakeman Phone Number: (540) 869-3644 NAME OF SUBDIVISION: Macedonia Acres - Resubdivision Number of Lots: Eight (8) proposed Total Acreage: 4.20 Acres Property Location: Immediately north of the intersection of existing Macedonia Church Road (Route 756) and Owens Lane/Maryland Drive. (Give State Route # and name, distance and direction from intersection) Magisterial District: Shawnee Property Identification Number (P.I.N.): 75C-1- 9, 10A, 11, 12 and 13 (Parent Tract) Frederick County, Virginia Subdivision Application Property zoning and present use: RP (Residential Performance); present use: existing residential lots and one vacant parcel Adjoining property zoning and use: RP (Residential Performance_); AdioininLFuse: Sinffle Family detached. Has a Master Development Plan been submitted for this project? Yes ✓ No If yes, has the final MDP been approved by the Board of Supervisors? Yes ✓ No What was the Master Development Plan title? Does the plat contain any changes from the approved MDP? Yes ✓ No If yes, specify what changes: Minimum Lot Size (smallest lot): 15,027 sq. ft. Number and types of housing units in this development: Eight (8) Single -Family detached houses [Four (4) existiniz houses and four (4) proposed houses created from 4 existinz lots and one parcell. 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 c plete prior to the submission ofn site plan. Signature: ` Date: 5-1'k- Os Planners • Engineers • Surveyors • Landscape Architects Fairfax • Winchester September 8, 2005 To: Mark Cheran, Zoning and Subdivision Adnninistiator Frederick Co., Department of Planning and Developm, From: Michael R. Tucker, P. Re: Macedonia Acres Resubdivision Tax Map Parcels 75C-1 - 9,10A,11,12 & 13 BC Project #: 04117.12 As requested, enclosed are the subject parcels and the listed adjoining property owners for the referenced project per the current Frederick County Interactive Mapping Website as produced by the Frederick County Department of Geographic Information Systems. Also enclosed is a map denoting the tax map parcel numbers for your assistance. Please contact me if you have any questions or require additional information. Thank you. SUBJECT PARCELS The BC Consultants, Inc. 43 W. Juba] Early Drive, Winchester, VA 22601 (540) 665-0475 Fax (540) 665-1874 www. bcconsultants. com 786251348000 WAKELAND MANOR, INC 300 CRAIG DR STEPHENS CITY, VA 22655 RP 81300 41000 122300 864 1523 MACEDONIA CH RD 574 682 _ 04 0 0 0 , MACEDONIA ACRES L9 The BC Consultants, Inc. 43 W. Juba] Early Drive, Winchester, VA 22601 (540) 665-0475 Fax (540) 665-1874 www. bcconsultants. com Macedonia Acres Resubdivision September 8, 2005 Page 2 [P—arc—.e1-1D Number —_--- 75C 1 10A" 786252184400 Geora hic Parcel I© Number Record Number _ Owners Name WAKEL^ND MANOR, INC. Owners Name Continued Owners Address 300 CRAIG DR Owners Address Continued STEPHENS CITY, VA. Zi=P-�22655 crea e --- ..®. --- 0 Zoning RP- 0- otallm rovements otal Land Value 1000 Total Property Value 1000 Building Sq Ft _ __ _ _ Ph sical House Number 0 0 Ph sical Street Name Deed Book Number 574 Deed Book Page Number 682 Ma isteriai Cade 04 Instrument Year 0 _ Instrument Number 0 ---- --Selli Se'—F' Legal l Description 40400 MACEDONIA ACRES PART OF L 75C 1'11 786231070000 WAKELAND MANOR LAND TRUST 300 CRAIG DR STEPHENS CITY, VA 22655 0 RP 91200 41000 132200 1040 1501 MACEDONIA CH RD 776 685 04 0 MACEDONIA ACRES L11 Macedonia Acres Resubdivision September 8, 2005 Page 3 Parcel ID Number Geographic Parcel ID Number Record Number y Owners Name Owners Name Continued Owners Address Owners Address Continued ZIP Zoning Total Improvements Total Land Value Total Property Value BuildingSq Ft_ Physical House Number „ Physical Street Name Deed Book Number Deed Book Page Number Magisterial Code Instrument Year Instrument Number Selling Pnce Legal Description 786221081300 WAK[ELAN D MANOR LAND TRUST 300 CRAIG DR STEPHENS CITY, VA. �� 22655 RP -- 99400 41000 14 040 0 1040 1491 MACEDONIA CH RD 776 6850 04 0 MACEDONIA ACRES L12 75C 113 786211094600 WAKELAND MANOR LAND TRUST 300 CRAIG DR STEPHENS CITY, VA. 22655 0 RP 55000 _ 41000 �196000 863 y 1481 _. MACEDONIA CH RD 776 685 04 0 ��. MACEDONIA ACRES L13 Macedonia Acres Resubdivision September 8, 2005 Page 4 786202004800 1 HILLYARD. RONALD E & ETALS I 1463 MACEDONIA CHURCH RD v _ STEPHENS CITY, VA 22655 0 RP 0 35000 35000 0 1463� MACEDONIA CH RD 837 633 04 0 !0 30000 MACEDONIA ACRES L14 750 CENTEX HOMES 3684 CENTERVIEW DR STE 100 CHANTILLY, VA 20151 0.5 RP 0 65000 65000 0 0 0 04 2005 10422 0 WAKELAND MANOR L218 P6 Macedonia Acres Resubdivision September 8, 2005 Page 5 Parcel ID Number Geographic Parcel ID Number Record Number Owners Name Owners Name Continued_ Owners Address Owners Address Continued Acreage Zoning Total Improvements Total Land Value Total Property Value Building Sq Ft Physical House Number Physical Street Name_ Deed Book Number Deed Book Page Number Magisterial Code Instrument Year :Instrument Number Selling Price Legal Description 219 I CENTEX HOMES I 3684 CENTERVIEW DR STE 100 CHANTILLY, VA 20151 0.4 RP 65000 65000 0 0 04 2005 10422 I WAKELAND MANOR L219 P6 I 75046 I CENTEX HOMES I 3684 CENTERVIEW DR, STE 100 CHANTILLY, VA 20151 0.3 RP 0 04 2005 10422 WAKELAND MANOR L220 P6 I Macedonia Acres Resubdivision September 8, 2005 Page 6 Parcel ID Number Geographic Parcel ID Number Record Number Owners Name Owners -Name Continued Owners Address Owners Address Continued ZIP . . Acreage Zoning Total Improvements Total Land Value Total Property Value Building Sq Ft Physical House Number Physical Street Name Deed Book Number Deed Book Page Number Magisterial Code Instrument Year Instrument Number Selling Price Legal Description Parcel ID Number Geographic Parcel ID Number Record Number Owners Name Owners Name Continued Owners Address Owners Address Continued _ _ . ... .. _. _ Acreage Zoning Total Improvements Total Land Value Total Property Value Building Sq Ft Physical House Number Physical Street Name Deed Book Number Deed Book Page Number Magisterial Code Instrument Year Instrument Number Selling Price Legal Description X786261323800 I 1 BAKER, JOSEPH W. I 1533 MACEDONIA CHURCH RD STEPHENS CITY, VA. 22655 0 RP _ 79100 40000 119100 1128 1533 MACEDONIA CH RD 505 812 �..._.�.,...___.._., 04 0 0 29900 MACEDONIA ACRES L8 75C 1 10 _ 786230980100 ! ERNST. MARY & ROGER J 1515 MACEDONIA CHURCH RD STEPHENS CITY, VA. 22655 0 RP 75500 37500 113000 888 1515 _ MACEDONIA CH RD Macedonia Acres Resubdivision September 8, 2005 Page 7 Parcel ID Number Geographic Parcel ID Number Record Number Owners Name Owners Name Continued Owners Address Owners Address Continued ZIP _ Acreage Zoning Total Improvements_ Total Land Value } Total Property Value Building Sq Ft Physical House Number Physical Street Name Deed Book Number Deed Book Page Number Magisterial Code Instrument Year Instrument Number Selling Price Legal Description 1786128727200 1 I FELLENZER, WALLACE R & IRENE N 101 MARYLAND DR STEPHENS CITY, VA 22655 0.28 RP 264600 79500 344100 2066.8 --- _—__ 101 MARYLAND DR 0 04 2004 23735 1 309000 MOSBY STATION L47S1 Macedonia Acres Resubdivision September 8, 2005 Page 8 Parcel ID Number Geographic Parcel ID Number Record Number Owners Name Owners Name continued Owners Address Owners Address Continued Zip Acreage Zoning Total Improvements Total Land Value Total Property Value . _ Building Sq Ft Physical -House Number Physical Street Name Deed Book Number Deed Book Pa-qe Number Magisterial Code Instrument Year Instrument Number Selling_ Price Legal Description 75M1113 786118247700 NAYLOR, MERRILL O NAYLOR, ANDREA G 1494 MACEDONIA CHURCH RD STEPHENS CITY, VA 22655 0.28 -- RP 217900 79500 297400 2071 5� 1494 MACEDONIA CHURCH 10 04 2005 10826 347900 MOSBY STATION L13S1 75M1112 786108355300 HILL, RICKY E & LENNIS E 1484 MACEDONIA CH RD STEPHENS CITY, VA 22655 0.27 RP 221700 79500 301200 2060 1484 MACEDONIA CHURCH 975 404 04 9346 j 175000 I MOSBY STATION _ Macedonia Acres Resubdivision September 8, 2005 Page 9 75M1110 785188678000 I CROSTON. PAUL & SHARON E I P O BOX 532 STEPHENS CITY, VA 22655 0.29 RP 244500 -79500 324000 2097.6 1470 MACEDONIA CHURCH 0 04 0 175000���� MOSBY STATION L10S1 75M 1 1 11 _ 785198552900 MENDIVIL, DENISSE 1480 MACEDONIA CH RD STEPHENS CITY, VA 22655 0.29 RA _ 234600 �® 79500 314100 2346.4 1480 MACEDONIA CHURCH 04 2005 5300 �339000 MOSBY STATION L11S1 75M1110 785188678000 I CROSTON. PAUL & SHARON E I P O BOX 532 STEPHENS CITY, VA 22655 0.29 RP 244500 -79500 324000 2097.6 1470 MACEDONIA CHURCH 0 04 0 175000���� MOSBY STATION L10S1 Macedo. , Acres Resubdivision September 8, 2005 Page 10 Z( MOSBY STA TION r �l j I 77A,7:��o p5 0rb 10 •� \f, br'6� 02�Ff �1 iy�i?J rr^ •�:.%l�iri a eea' `y�1 :zF 10E / ,d'�• , Fr�f o 1OF J j 13A / 12A IOD Otsr" ,yV CEDONIA ri r�e•e 9A 2V } cQ- o a<os e+ lOC •o`' /' C•i �tv� �!; w ac;r�s 221 IVISION EXHIBIT (NO SCALE) G:\Project\_2004\04117\Surv\Cad Files\4117FSPOI.dwg, 10/4/2005 9:56:49 AM WC/N/TY MAP e, f A'AA'ELANP 52 MANOR Q 642 iNASEl r %S/TE s �.PpOp ASE S t(,6 go JA po- _ APPROVED BY SCALE.- 1 '=2000' FREDER/CK COUNTY SAN/TAT/ON AUTHOR/TY DATE FREDER/CK COUNTY SURD/V/S/ON ADM/N/STRATOR DATE VA. DEPT. OF TRA NSPORTA T/ON DATE OWNERS CONSENT THE PLATT/NG OF THE PROPERTY SHOWN HEREON FOR THE PURPOSE OF RESUBDIwS/0N /S MADE WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DES/RES OF THE UNDERSIGNED OWNER(S), PROPRIETORS, AND TRUSTEES, IF ANY AND AGREE THA T IRON PIPES WIL L BE SET AS INDICA TED THUS - - - 0--- AND A T ALL L OT CORNERS UNDER THE SUPER li/S/ON OF A L ICENSED L AND SURVEYOR OR ENG/NEER FOR. WAKELAND MANOR LAND TRUST AND DATE WAKELAND MANOR INC STATE OF COUNTY OF TO W/T, A NOTARY PUBLIC IN AND FOR THE COUNTY AND STATE AFORESAID, DO HEREBY CERTIFY THAT WHOSE NAME(S) ARE SIGNED TO THE FOREGOING OWNERS CONSENT DA T£D HAVE PERSONAL L Y APPEARED BEFORE ME, IN MY COUNTY AFORESAID, AND ACKNOWLEDGED THE SAME GIVEN UNDER MY HAND THIS DAY OF , 2005 NOTARY PUBLIC MY COMM/SS/ON EXP/RES NOTES I. BOUNDARY INFORMA1701V DELINEATED HEREON IS FROM DEEDS OF RECORD AND A ADJACENT BOUNDARY SURVEY BY SC CONSULTANTS DATED DECEMBER 5TH, 2003. OWNS LANE DELINEATED AS A 50 FOOT RIGHT OF WA Y ON A PLA T OF SYSDIV75/01V AS RECORDED /At DEED BOOK 239 A T PAGE 217. 2 FLOOD NOTE.- ZONE 1C; COMMUNITY NO: 510063, PANEL: 0200 S. DATE- 7-17-78 3. LOTS 10C, 100, 10E, AND 10F ARE SUBJECT TO A 15' UTILITY EASEMENT AND AN 8' ACCESS/MAINTENANCE EASEMENT HEREBY RESERVED ALONG ALL STREET R/GHT-OF-WAY L/NES. 4. SETBACKS FOR LOTS 10C, 100, 10E, AND 10F ARE.- FRONT= .i5' SIDE= 10' REAR= 25, SRL S IDENTIFIED THUS (BRL) CREATED BY AN UT/L/TY EASEMENT THAT IS MORE RESTRICTIVE THAN THE MINIMUM ZONING SETBACK REOUiREMENT, W/LL REVERT TO THE BRL ESTABLISHED BY THE SUB✓ECT PROPERTY ZONING IF THE EASEMENT /S VACATED OR OU/TCL AIMED OR IF WRITTEN PERMISSION IS OBTAINED FROM THE UTILITY COMPANY ALLOWING ENCROACHMENT INTO THE EASEMENT. LOTS 9A, 11A, 12A, AND I.TA ARE REMAINDERS OF THE ORIGINAL SUBDIVISION AND NOT SUBJECT TO THIS ZONING REOUIREMENT FOR EX/STING STRUCTURES ANY NEW CON5TRUC1701V OR IMPROVEMENTS WILL CONFORM TO THE ABOVE ZONING SETBACK REOUIREMENTS 5. THE PROPERTIES OELINEATACO HEREON ARE SHOWN ON FREDERICK COUNTY TAX MAP 75C-1, PARCELS 9, IDA, 11, 12, & 13, AND ARE ZONED RP. 6. ALL LOTS ARE SINGLE FAM/L Y DETACHED—URBAN DATE: AUGUST 24, 2005 PAGE 1 OF 5 FINAL SUBDIVISION PLAT BC Consultants MACEDONIA ACRESPlanners • Engineers •SurveyorsRESUBDIVISIONLandscape Architects e 4� west Jubal Early Drive Winchester, VA 22601(540) 665-0475 (540) 665-1874 (Fax) www.bcconsultonis-cam SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA O O m n W V:\Project\-2004\04117\Surv\Cadfiles\4117FSP02.dwg, 10/4/2005 9:57:38 ANI „ cR WA*FLAP �5 MANOR/\ N/F WAKELAND MANOR �� WAKELAND MANOR PT/ASE S DRIV, Q /NS/10J002674B / LAND TRUST �/NST10500050B2 TAygC4LORET SPACE ; QPG \ DB 776 PC 685 \1 AKELANO `�C` ,�� - _ PARCEL F' 1JJ 2-1I 2J5 736 MANOR OJ �� , 9 ' U qr ✓/ / '12 m PHASE 4 (� Q 59 _ _ /NST.10400/7090 01`y\ 0 TyL �`0.� 1 v BERWCK LANE 210 111 7J1 A n R DyDo `�^� `' `k5 < •^• J 2209 ZIJ ZJ! 7J0 y C - a� 209 729/ OPEi✓ SPACE 5t.� e• _�� .. _ O/ zJ2 Y 71s 2214 > _ 72e � 1� TALAMORE WA �L MAR LANE 205 Z06 AS 6 216 OWNS PARCEL 20t \A �' \ /N5T. p050010Z2 I ('y �fC�LONO OURT_�'_ SUR l/FYOR S CEI? T/F/CA TE BRADLEY T. RIGGLEMAN, A DUL Y LICENSED LAND SURIEYOR LN THE COMMONWEAL TH OF ORG/N/A, DO HEREBY CERI7FY THAT I HA VE CAREFULL Y SUR IEYED THE PROPERTY DEL/NEA TED BY THIS PLAT, AND THAT IT /S CORRECT TO THF BEST OF MY KNOWLEDGE AND B£CIEF"- THAT IT /S A PORTION OF THE SAME PROPER77ES ACOUIRED BY WAKELAND MANOR LAND TRU5T AS RECORDED /N DEED BOOK 776 AT PAGE 685 AND WAKELAND MANOR INC. AS RECORDEO /N DEED BOOK 574 AT PAGE 682 ALL AMONG THE LAND RECORDS OF FREDERICK COUNTY, 14RCINIA. I FURTHER CER77FY THAT THE LOTS ARE PROPERL Y AND ACCURA TEL Y DESCRIBED. BRADLEY T. R/GGLEMAN" LS. z=2i5 TO TA AREA TABU( A TION DATE NUMBER OF LOTS = 8 TOTAL LOT AREA . . . . . .. .. 4.1-988J ACRES A VERA CE L OT AREA . . . . . . .. . . 0.52485 ACRES DENS/TY = 1.90 DU/AC DR= DEED BOOK PC= PAGE PL = PROPERTY LINE 810 )'= BOUNDARY ROW= RICH T—OF— WAY /PS= /RON P/PE SET • = 3/4 " IRON PIPE TO SE SET DATE: AUGUST 24, 2005 RC Consultants P/annet-s . Engineers - SurveyOrs Landscape .4rchitevLr 43 WesL Juba1 Early Drive Winchester. VA 22601 (540) 665-0475 (540) 665-1874 (Fax) www.beconsulLants.com LEGEND EX= EXIST/NC ESMT= EASEMENT STM= STORM DRN= ORA/1V SAN= SANI TAR Y SEW= SEINER FCSA= FREDERICK COUNTY SANITARY AUTHORITY SRI= BUILDING RESTRICTION LINE (SEE NOTE 4) g-= CENTER( INE OF PUBLIC RIGHT— OF— WA Y PCC= POINT OF COMPOUND CURVE PAGE 2 OF 5 FINAL SUBDIVISION PLAT MACEDONIA ACRES RESUBDIVISION SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA 1 TH OF > Dr�� v BRADLEY T. RIGGLEMAN No.221 6 Smveo'k V:\Project\_2004\04117\Surv\Cadfiles\4117FSP03.dwg, 10/4/2005 10:02:23 AM PORT/ON OF EX 57-M DRI, ESMT. /NST. / 050070421 -- HERESY VA CA TED /,'�-1 A /� A A r��/ 7.- -29 D� 9 k, O'o 100.00' -95.00'- N 8250'18„ N✓ 263.45' (TOTAO (VARIABLE W707H R/W) ROUTE 756 99 12 50/0 0 / / 25 50 100 1"= 50' DATE: AUGUST 24, 2005 PACE 3 OF 5 FINAL SUBDIVISION PLAT � 1 e °Illy Al) lb 4, �` e� (� S 0 � N 64J4'12" E / Cl) / 35.76 30 68.45 CENTER LINE bf EX/ST/NG ROAD 1.3 BC Consultants Icy / O Ala -'s. Engineers. Surveyors Landscape ,4rchil',& rn CD m Winchester, VA 22601 of (J 1 FAN ,STS � W Q��491y„ � �rorq 10/ J A� -29 D� 9 k, O'o 100.00' -95.00'- N 8250'18„ N✓ 263.45' (TOTAO (VARIABLE W707H R/W) ROUTE 756 99 12 50/0 0 / / 25 50 100 1"= 50' DATE: AUGUST 24, 2005 PACE 3 OF 5 FINAL SUBDIVISION PLAT � 1 e °Illy Al) lb 4, �` e� (� S 0 � N 64J4'12" E / Cl) / 35.76 30 68.45 CENTER LINE bf EX/ST/NG ROAD 1.3 MACEDONIA ACRES RESUBDIVISION SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA KQ,ffreANo 06& 0 MG (52' F'/w) T H op, v BRADLEY T. RIGGLEMAN a No.221 6 r SURve, t BC Consultants 3 O Ala -'s. Engineers. Surveyors Landscape ,4rchil',& 49 West Juba[ Early Drive m Winchester, VA 22601 (540) 665-0475 (540) 665-1874 (Fax) a www. be co nsu I to n ts. co m W MACEDONIA ACRES RESUBDIVISION SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA KQ,ffreANo 06& 0 MG (52' F'/w) T H op, v BRADLEY T. RIGGLEMAN a No.221 6 r SURve, t V•\Prniect\ 2004\04117\Surv\Cadfiles\4117FSP04.dwg, 10/4/2005 9:58:43 AM PORT/ON OF EX. STM. DRI. ESUT. 510 0 25 50 100 /NST. / 050010421 - -- -' HEREBY VACATED 1"= 50' TIE1.09) # tpE�. r y.6 ` .mac;'✓ 43 3810 OT'40 5 0? opt, 130' 38 ( I -ire 28 �� g� I m I 018�� LOTgfOD ^I s 82 5 I I o � 25' BRL I _ >O' BRL I -14.17"-- _ 260 J2' t 10 " BRL I I o m =1 LOT WE z I 24, 731 sq. At.to I h BRL—L_- 1_ -z! r. I S 5849'14" f- 260 J2' 260.32' ---T-- I EX. 20' STM IORN ESMT. 70" BRL I C � t j tNST. ¢ 0ZdL 0427 L O T fOF I C) O 24, 791 sq. ft. O 10' SRI STM-SIB74 08'E 552-9 S 58 49'14 ' E STM -S SB 4974 E 100 48! 260 32'� �I ,I 0 OI ') O � MA TCH I SHEET 3 OF 5 I I �- W O d - O z I LOT 1.3% DATE: AUGUST 24. 2005 RC Consultants p/annus - Enkinees . Surveyors Landscape Architects 49 WesL Juba] Early Drive Winchester, VA 22601 (540) 665-0475 (540) 665-1674 (Fax) www.beconsul tants-com �^ i EX. GRD. &TEMP. e, h CONST. ESMT. Z 11V5T. hf 050010421 i LOT 12% I LOT 11A h � PAGE 4 OF 5 FINAL SUBDIVISION PLAT MACEDONIA ACRES RESUBDIVISION SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA IV, o���P1,TH OF Gr�� u BRADLEY T. RIGGLEMAN a No.221 6 b:\Project\-2004\04117\Surv\Cadfiles\4117FSP05.dwg, 10/4/2005 10:01:15 AM I n n /'- I--1 it A/ n n A n A n -� ,�� I A^ r- G- vvi c -L -i-11 v[-1 Ivri-ir vUr� — ," r7 --'L -----5255 -5 92:50'19 " E 1.94.0,5' - - / ----54 74'----— / it B ' 0 ' / All\ IOD foc 32, 140 sq. !l. r / m 1 1 0� 10' SAY /V 92:5073" W 94.06' / 9A 24,146 sq. At. /V 82:90'18 " W 100.00' MA CED 0) �VARIA8LE W/DTH I?/W) DATE: AUGUST 24, 2005 n 50 0 25 50 700 1"= 50' CHURCH ROAD ROUTE 756 PAGE 5 OF 5 FINAL SUBDIVISION PLAT MACEDONIA ACRES RESUBDIVISION SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA CENTER L/NE OF EX/ST/NG RG FAA HC Y G o UU GAJ 7! X50' R10 pt,TH OF 2 BRADLEY T. RIGGLEMAN v No.221 6 'i4 Sup'vic� BC Consultants 3 O p/—"n . Engineers . Surveyors landscape Architects 49 West ]ubal Early Drive aj Winchester, VA 22601 (540) 665-0475 (540) 665-1874 (Fax) Q www. bcconsultants.com W k n 50 0 25 50 700 1"= 50' CHURCH ROAD ROUTE 756 PAGE 5 OF 5 FINAL SUBDIVISION PLAT MACEDONIA ACRES RESUBDIVISION SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA CENTER L/NE OF EX/ST/NG RG FAA HC Y G o UU GAJ 7! X50' R10 pt,TH OF 2 BRADLEY T. RIGGLEMAN v No.221 6 'i4 Sup'vic� AT �L (:23c?/Z1� S, l ROUTE # �7 - 642 ZO` STRIP PRESENT a FUTURE ROADWAY r 101 1o0 100 100 100' 100` 100` 100` 100' 94.015'` , 100 RIGHT0 - OF- WAY 90 95 100 2 4, I m 2 0' 3 m 4 5 6 'y ro o. IQO 100 100 100 100 70 t o 7 n 8IQ y ti 11 '42 `1'13 ti a ti -� t t a t Co o h rn �• I4 rn I S 16 �' ti ti nr r ,`. ,� t t o 0 0 0 �• o 17 18 ,� r h r o o n 19�;, 2Q r1r y i 4 4 h (c +c r t� , �,� Q t ,t t t p 4 Q k - yv 3 Or 3 Oi 3 x 0 3 0 �, 3, �c , k , X04 0-; rt O n�p 0 h O h• O y h ��h� 3D �3v3' 3 p 3 3 3 o 4L o '�' o o '� o '�° o '� '� O o y o h '` y C h h 3 h° 3 3 h 3 0 3' d 3 a 2 `r h O o e 0 C o O h o h O "� 0 o g O O p� O' h h h 3 3 n ho • �• ,� h ^ `� ^ `i ^ •� ^ ho n ^� t "� t• d: p• '7 '� O ry h h /� 8 O O 'h O t 0 A t y h h p h p y p y a'' y p h p y ph (7 yea• yti y �` h t' �v �� "�• +,.� h „� ^ y am o^ O 2 1100, 100' 100` 100' 100' 100` 100' 108' r h,p h t h t h �' t p �t t• "gyp• t .�� �Yf S 76° 30' E 94,06 Q 90 95 100' I00 ` 100' 100` I00' , h y,h `� 4' 54.74 100 I00 100` IOOr � 5 OWENS LAND � yZl 33 • ? Z 4-j o � U1 p P, m U (D C r o� 1 MACEDON Q N" I A ACRES m L, O P E Q UO N DISTRICT FREDERICK COUNTY w � . Q o =s 200 OCT. 10 0 V3 a 53 0 1~- G LEE A. EBERT `"+`-+CH C -A o S rg (D� V) 0aV3 m rnL0�x A. m U3 4, x •,i cil -4 V3 V2 LO M � m COUNTY of �-'REDERICIK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 11V1 h IV1 V K A IN V U 1V1 TO: Frederick County Planning Commission FROM: Mark R. Cheran, Zoning Administrator 1 4111IL-C-- DATE: October 3, 2005 RE: Discussion — Crooked Run Wastewater Reclamation Facility At the October 19, 2005 Planning Commission meeting, staff will present the site plan for the Crooked Run Wastewater Reclamation Facility to the Planning Commission for review. Customarily, projects involving public facilities are brought before the Planning Commission prior to site plan approval. A representative from the Sanitation Authority and Patton Harris Rust & Associates will be present during the Planning Commission meeting. The Wastewater Reclamation Facility will be located in the Shenandoah Development (Lake Frederick), a 2,130 unit age restricted development off of Front Royal Pike (Route 522 South) on Crappie Lane. Access will be provided to Front Royal Pike via a private road network within the subdivision. As you probably are already aware, the site for the Shenandoah Development is currently being prepped for construction and land disturbance and construction of the road to the site is underway. The site plan for the plant is attached for your information. This capital improvement project is being presented for informational purposes, no action is required. Please contact me if you need any additional information. MRC/CEP/bad Attachment 197 North Kept Street, Suite 202 m Wincliester, Virginia 22501-5900 FOREST LAKES LIMITED 86 A 227 HENR9g pA N 4P`i U9Jf A M75 KJ R\G k t\�G = �,FGP,11 A- m oaf r SPP 5 b apO��A 9`O D A � Z Z m A O nm v�y CCf yFNGFR � z Bs m 11816" RFTq[ S MADISON FARMS, LLC 87 A 15 EFG, LC 93 A 77 OXBRIDGE DEVELOPMENT AT SHENANDOAH 87 A 183 a Map Features Zoning Application Lakes/Ponds ^� Bridges culverts B1 (Business, Neighborhood District) + MS (Medical Support District) ^� Dams B 2 (Business, General District ) + R4 (Residential, Planned Community District) +tip--• Streams o• Nl Retaining Walls + B3 (Business, Industrial Transition District) 4> R5 (Residential Recreational Community District) Buildings Road Centerlines EM (Extractive Manufacturing District) 0 RA (Rural Areas District) Tanks' HE (Higher Education District) Q RP (Residential Performance District) Parcels w I,,^ M1 (Industrial, Light District) N O SWSA Trails M2 (Industrial, General District) �> ,/'��/,kL�i� ��� uDA MH1 (Mobile Home Community District) W E S SP#56-05 Crooked Run (87-A-103) 0 500 1,000 2,000 Feet -;'W �1 ;,f- � � � �a ter• -� �- i cEEke r � rl F F OX9itlp({E OEVELOPffE11TAi S'HEHAN[70AM.'�' .,��. 8T A 146 A .25� Y I CSS ,� •• °H •, �3 -R+ '•1 Sr, . yG _ "AEFv iC. u Map Features Zoning �ApPlicaSon Bridge, Culverts - < Bt (Business, Neighborhood District ) ♦ MS Medical ( Support District) SP # 56 — 05 Lakes/Ponds ^� Dam <> B2 (Business, General District ) Q R4 (Residential, Planned Community District) Streams ,i�i� Retaining WaIIs ® 63 (Business, Industrial Transition District) es• R5 (Residential Recreational Community District) Crooked R u n Buildings Road Centerlines Fc" EM (Extractive Manufacturing District) Q RA (Rural Areas District) Tanks * HE (Higher Education District) 4j M1 (Industrial, Light District) Q RP (Residential Performance District) ($ 7 - A 103 ) LParcels N Trails M2 (Industrial, General District) 0 SWSA 0%�O JDA � MH1 (Mobile Home Community District) W E 0 500 1,000 2,000 S Feet 09/22/2005 16:44 FAX 3012944151 OXBRIDGE GROUP e002 Ct 116V r CONSTRUCTION -A1 D SERVICE AGREEMEM THIS AGREEMENT is made an�l enter as of this-r� day of _. , 2001 15y and between FREDERICK COUNTY SANITATION AUTHORITY (the "Authority.), a Virginia body politic and corporate organized and existing under the provisions of the Virginia Water and Wasto Authorities- Act— Va- Code. Ann_- § 15.2-514-4; gt se&. (the "Art"); and the FREDERICK -WINCHESTER SERVICE AUTHORITY ("FWSA"y, aVirginia body politic and corporate organized and existing under the provisions of the Act; and DOGWOOD DEVELOPMENT GROUP L�q, or, assigns (the "Developer"). RECITALS R-1. The Authority, to accordance with its Charter and as provided by the Act, owns and operates water and sewer facilities and provides water service and sewer callection and transmission service in the County of Frederick, Virginia. The Authority also is permitted to provide water and sewer service partly within and partly without the boundales of the County of Frederick. The Autl or 4- also aperakes one or more sewage treatment plants which are owned by FWSA. R-2. FWSA was incorporated as provided by the Act to acquire, finance, construct, operate and maintain sewage treatment facilities, in the County of Frederick, including treatment plants, trunks or interceptors and pump -Ing stations, together with all the-pgrtinent equipment and appliances and properties, rights, easements and franchises related thereto or deemed necessary or convenient by FWS-c-for their operation,- but -not -including—scwage collection facilities. FWSA contracts -with the. Authority for the operation 'and maintenance of certain sewage treatment facilities and joins tilos Agreement to signify its intention to designate the Authority as its agent during the construction of and to enter an agreement with the Authority for the operation and a n-aintenanee-by-the Authority 0 the Crooked Run Wastewater 'Treatment Plant SA t 09/2/2005 16:44 FAX 3012944151 OXBRIDGE GROUP [it 003 (the "Crooked Run Wastewater. Treatment Plant Operations Agreement"), generally in the form of the Parkins Mill Operations Agreement with the Authority dated August 1, 1998. R-3.- The -Developer- is the -contract pachaser of approximately 97,& -acres, 92. -of which are located principally within the County of Prrderick, 'but with approximately 50 acres located within Clarke County and a small portion in Warren County, Virginia. The property currently is zoned to permit the construction of 2,130 residential units, plus additional retail and commercial units in the County of Frederick. An additional 200 residential units and a Continuing Care Retirement Community site also are the subject of a rezoning application in Clarke County. The development project is to be named "Shenandoah" and shall bee referred to hereinafter as such. Attached heres_cs as- Exhibit . A --is- a - map- of -the area --vs hich -inhales. Shenandoah and certain surrounding properties which are included in the "Crooked Run Regional Sewer Service Area." RA. The Developer, FWSA and the Authority desire to enter into this Agreement to design, construct and finance a water distribution system (the "Water System") and a sewer collection system (the "Sewer Collection System") and a wastewater treatment plant (the "Crooked Run Wastewater Treatment Plant"), the latter two systems togTrher are referred to hereafter as the "Wastewater, System." The Water System and the Sewer Collection System will be conveyed to the Authority. The Crooked Run Wastewater Treatment Plat, upon completion and acceptance, will be conveyed to 1~WSA to permit the Authority to serve Shenandoah and the Crooked Run Sewer Service Area as provided hereafter. R-5. The Crooked Run Wastewater Treatment Plant is being des}gned by Gilbert W. Clifford & Associate in accordance with the applicable design and performance criteria required by and acceptable to the Arg rity, and by the Virginia Department of Health and the Virginia Department of Environmental Quality. The wastewater treatment plant will be permitted to discharge treated eminent, initially pursuant to the -Viigihia"Depairtrrtent of Environmental rvw,020 %!VM 2 09/_22/2005 15:44 FAX 3012944151 OXBRIDGE GROUP Ij004 Quality Permit No. VA0090080 as the same may be amended, extended or re -issued (the "DEQ Permit"). NOW, THEREFORE, in consideration of these premises, the Authority, FWSA wqd the Developer do agree as, -follows: I. Wastewater System. The Developer will design and construct or cause to be constructed, at its expense, sewer collection and transmission facilities to serve Shenandoah. In addition, _t a Developer shall design and construct or cause to be constructed the Crooked Ran Wastewater Treatment Plant sized adequately to serve Shenandoah and the rooked Run Sewer Service Area as outlined on Exhibit "A." a. The wastewater, ttdatment "plant'thO be constructed in phases, with Mire Fast phase Navin" design capacity of 375,E gpd. and" with `the-second-.phhse having a design capacity of"arl additional 225;OY. "lice parties agree that the dant capacii� of the wastewler treatment plant is intended for the exclusive use of -the) Shenandoah project and_ the- .adjoining.. areas in Clarke . and Frederick County shuwn- within the Cracked- Rua Sewer Service Area. No portion of the- foregoing capacity shbe available to serve ..any pr-operties otherthan Shenandoah without the prior approval' of the Developer first haXing been obtained. Subject -W the approval of cognizant governmental officials of either Clarke or . Frederick County, it shall be the Authority's responsibility to use its best efforts to obtain, at tate expense of others as- set forth 'in Paragraph 3; all requket emments and approvals fargxtension of water or sewer, to the -properties-within -&&, Crooked Run Sewer Service Area beyond Shenandoah. Tl;e Authority of FWSA; at -its -own "pense, shall have the right to expand the Wastewater System to transport and treat sewage flows in excess of 0.600 ragd. ` b. The DeVzlopd shall be perm tted to expand the Wastewater System, and to provide trea$nev& opacity sufficient to complete development ofSheaandoWas currently planned and -approved and as the same may be inlarged or expanded in the fugue. �esigic - ihd canstruetion of any such SA Expanded facilities shall be at the sole cost and expense of 3 08/2212005 16:45 FAX 3012844151 OXBRIDGE GROUP the Developer, ,sribiocr, to the..approvo of_ the Authority which -approval _shall. _not be r=easonably a%iu,held, -conditioned- or delayed. - The Audt%ority and FWSA shall cooperate to obtain necessary approvt -by the appropriate regulzterl agencies, if anv. All OW-wsio� of - this Agreement shall apply to any construcc#ien for expansion of the Wastewater System -an4 to any additional capacity made available by such constniction. as applicable. Z005 2. Water System.. The Developer will construct or duce to be constauc_=ted, at its expense, water distribution facilities to sere' Shenand6ah, on a firnely basis to serve that developm- ent ac it-procceds. a. Upon -,completion of each phase of't�e water distribution facili !oted �above,–the I?evclupmrvhll convey the sa_rne to` the Authority And di Developer twill be permitted to connoct to the water supply facilities of theAu m6ty. -The Authority t% fter shall provide - water to se ,e Shenandoah -in iqaantiti'es-and at pressures adequate -to et applicable health standards an& in -accordance with the Authority's mater and Sewer Standards Specifications, as amended from time -to -tire: - M The Developer shall =grant to tire- Authority aT site fog 'e r t/ jacadon of A water tank to he desi� ed�d ronsfnacte y � ,g `� and at the cost of the Authority at the location Aenerally �Vl� depicted upon Exhibit A. The parties -agree that the Developer at its expense shall be permitted to cause the name "ShenandoaY to be painted oa or applied to the water tank according to design - and colo-£ . specifications prepazed by Developer and in conforn ante with applicable sign regulations. The authority is hereby granted "ht to explore for an additional -ground water source; ed such exploration docs not interfere with construction -or development activity or damage property ilmiShenandoah. The Authority shall be permitted to construct a water well (� to connect to its water system, with such water well to be located in the area of the wastewater treatment plant or W sucli other place as the.parties.may agree hereafter. Easement A uisition. The Authority agrees that it will use its best efforts to negotiate and to acquire all easements necessary to permit construction of the Water System and 4 __.., 09/22/2005 16:45 FAX 3012944151 OXBRIDGE GROUP U006 the Wastewater System facilities. The Authority 'further agrees that, if necessary, it will exercise its pourer of eminent domain to acquire any necessary easement which can not be obtained voluntarily. All expenses of acquiring easements by the Authority necessary to serve Shenandoah through the, exercise of the power of ernir_ent domain shall be borne by the Developer. 4. Design and Construction Standards, Warranty. All construction of the Wastewater System, and the Water System to be performed by the Developer, shall be performed in accordance wif h` the plans approved -by the Authority -and cognizant -regulatory authorities in accardasiee with the Authority's Water and SP�ver Standards and Specifications; in effect at the time of design and construction, a current copy of which is attached hereto �s Exhibit "B." T'ne Developer shall not be repnct a hand or any other form of surety in connection with either the Wastewater System or the Water System a. The Water System ant} Wastewater System facilities shall be -constructed -in phases - coincident with Developer's construction schedule for Shenandoah, and shall become a paxt of the water and _sewer system- of die --Authority upon completion and -acceptance- by the Autwty. Upon such coir. ?etien of construction aiid aeceptanc;, the Lteveloper agrees to execute an a ver to a thority an , as to e Crooked Run Wastewater Treatment Plant, to FWSA, a bill of sale and deed transferring title to the aforesaid facilities to the 'Authority and FWSA.- The signature of the 'Authority- or-FWSA on- the bill of -sale shall indicate its acceptance- lite- Authority and the Developer agree that the - facilities - -shall be conveyed 'and accepted upon satisfactory cumpletiorr of each phase and not later than the -completion of the -phase of devclopmnt requiring service from such facility, b_ The, -Developer will execaft-ariifsecmd in the Office of the Clerk of the Court easmnents in -ths -form approved by the Airtli€n'ty neces�rS% for 'the -Authority to own, operate, maintain; repair; replace or reconstruct said facilities- The Developer also shall execute a deed to transfer in fee VR�S_A 7 simple to FWSA title to the land upon which the wastewater treatment plant is, situated, together with an easement for access- thereto from the nearest public road. 5 09/2212005 16:45 FAX 3012944151 OXBRIDGE GROUP Evidence of the proper -rwordation of such deeds shall be provided ' fo the' Authoritj � diad -,FWSA prarirptly `a-fier executi®n of the bin of sale 'as"set forth herein: C. Ddveloper 'hereby- warrants .tom.. sly.. materials, equipment and -work performed with respect to the Wastewater System and the water distribution systema shall be fif® of defects in material and- worlananship for otter y�r froin the date of cceptance of *hose zac ailities by the Authority. The Tkweloper shit specifically assign ta,�nd for the benefit of the Authority all - material --and ~ equipment warranties provided by- ffiatztafacttarers arnt strppfi;rs of all components of t?�c3se facilities. 1ttless' stick vsrorlC id pursuant to the referenced material and cquipinen� warranties, the Developer shall provide all repairs or reconstruction of defective construction; - -materials - or workmanship, including all shrinkage or settlement-�r other faults arising the;ref oro, promptly and at its own txpense, when notified in writing to do `so by the Authority aid to the reasonable satisfaction of the Authority, fog,onc year from -the date of acceptance of the facilities by the Authority or FWSA. Z007 5. Service, Rates, Fees and Charges. Upon completion and acceptance of each phase of the Water System and the Shenandoah Sewer System, the Authority shall be responsible to own and/or operate those systems and to provide water and sewer service to Shenandoah in conformance with alL applicable. regulatory requirements and as . prgvided in the Act. Specifically, and without limitation, the Authority on behalf of FWSA as owner, agrees to pursue vigorously issuance by the Virginia Department of Environmental Quality, of the renewed, re -issued and expanded Permit in phases of 0.375 mgd and., ultimately, 0.600 mgd. a. Availability' fees-- shall be paid le the Authority for connection to the Authority's water system in accordance with Rates, Fees and Charges established by the Authority as peirrnitted by the Act. b. The Authority shall fisc, charge -and � 111--e--ct availability fees for each property connected ton tree-WWastewater System. The- Authority "agrees thit 'those charges currently are $3,2420 per - residential unit acid the corresponding commercial charges as set forth on t -q attached Exhibit C. The, Authority agrees that it shall not reduce the current - SA . availability fee applicable to propertim within the Crookad Run Sewer Service Area, and that it will increase such rates 6 09.22/2005 16:46 FAX 3012944151 OXBRIDGE GROUP to equal the corresponding rakes charged to customers served by any other portion of the Authority's system. c. Ninety-five percent of all availability fees c6llected for use of sewer capacity provided by the Shenandoah System shall be paid to the Developer in payments made quarterly ,,kith each payment to include fees received by the -Authority for the three month period preceding =th; quarterly payinent. - Thispayment€ bligation by the Authotity to the Developer shall continue until the earlier of such,�irne, as the .600 mgd design and p6rm tted capaeity cif" the plant has been reached or 15 years after completion and conveyance of the plant to FWSA. CL In "addition; - the AUthority shall" fix,, charge and collect contiriuiig service charges fbr sewei�seMce provided by the Crooked .Ruin Sewer Service' area' in an amount which shall cover the O&M Costs of the Wastewater System. Moog 6. Operation and . Maintenlance "Subsidy." _ Annually beginning one year after completion and acceptance of the wastewater ftatrnent plant, the parties shall establish an operation and -maintenance es7crov- fLttld to 'subsidize -operation -a�d maintenance costs ("O&M Costs") of the wastewater treatment plant. For -purposes of this Agreerrrent,,,O&M costs shall be limited to actual costs paid by the Authority in connection with the operation and maintenance of the wastewater treatment plant and shall not include overhead or soft costs of the Authority. The escrow account shall exist and retrain funded witil such time as 1,000 residential emits or their commercial equivalent have been connected to the Shenandoah Sewer System. The form and credit substance and amount of the escrow account shall be as agreed by the parties one year following the acceptance of the first phase of the Shenandoah Sewer System and annually thereafter, if necessary. The Authority shall maintain separate records of the O&M Costs associated with the operation 'of the wastewater treatment' plant abdsI191 require the Developer to make annual deposits to the escrow account sufficient to defray short falls in the previous year over continuing sewer service charges collected by the Authority from customers served by the wastewater treatment lr Vt. The parties agree that the Developer's obligation to subsidize 7 09/22/2005 16:46 FAX a012944151 OXBRIDGE GROUP Q1 009 operation of the wastewater treatment plant as provided herein shall be fully satisfied or proportionately satisfied in relation to the number of connections actually made, if the following residential connections or their commercial equivalents are made to the Shenandoah System on the following schedule. By Year End After Date of Acceptance Yep 1 -144 connections Year 2 - 200 connections Yui 3 - 400 connections Yeaf 4 - 600 connections Year 5 - 800 connections Year 6 -1,000 connections Developer's obligation to provide this subsidy sha11-end Upon 1,000 connections being made to the Shenandoah System. Any sums rcm. wining in the escrow fund after 1,000 connections have been Heade shall be paid directly to the Develop= - 7. ®blizations-of FWSA. The parties hereto restate and incorporate the Recitals. In particular, FWSA joins this Agreement to indicate its consent and support of the undertakings of the Authority and the Developer. FWSK fnaiher agrees groartptly t� satiate the Crooked Run Wastewater Treatment Plant Operations Agreement by which FWSA. will or the Crooked Runt Wastewater Treatment Plant to be operated by the Authority on the terms set forth in said operation Agreement. IMSCELLANEO US 8. Recordation_ So that the successors and assips of the Authority and Developer shall have notice of the obligations set , forth herein as they relate to the Development, this Agreement maybe recorded -by either party among the land records of Frederick County, Virginia. 9. NO Jtiint Venture. Partner ;hip or AgnncY. 'At is tmt"the purpose or intention of this Agreement to create, .and this Agn=ment shall not be eonst d to Create a joint venture, t For purpe3ts of this Asmov=L W:h residence! etPf7neCaion m rhe Shenandoah Scwcr System shad assures a flow of 250 g0- co w=reial conneesiens shall =u= a flow of a.slm gud for each Y NO square ref. qCSA ` Is 09/22%2005 16:46 FAX 3012944151 OXBRIDGE GROUP 2010 partnership, agency or other relationship whereby either party hereto shall be heId liable for the omissions, commissions or performance of the other party. 10..... Waiver. Failure of either party to enforce a term or condition of this AgrE�ment shall in no event be deemed a waiver of the right to do so thereafter. 11. Aamendmen . No change or modifications to this Agreement shall be valid unless the same is in writing and signed by all parties. No purported or alleged waiver or modification of this Agreement or any term or provision hereof shall be effective unless in writing and signed by the party against whom such waiver or modification is sought to be enforced. 12. Assignments. This Agreement, or any kart of it, shall be fully assignable by the Developer, provided each proposed Assignee agrees in writing to assume the Developer's responsibilities hereunder 3. Governing Law. This Agreement shall be governed- a$d construed in accordance with the laws of the Cornrnonwealth of Virginia. The Developer and the Authority specifically waive the defense or plea of the Rule Against Perpetuities. 14. Severability.' If any termor piovisiozfof this Agrzameizi shall be determined to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity of the remaining terms and provisions of this Agreement, and to the extent possible this Agreement shall be interpreted and enforced as if such invalid or extent unenforceable provision had not been included in this Agreement. 15. Further Assurances. The Parties hereto shall execute and deliver such further instrumeap and do such finthor acts and things as may reasonably be required to carry out the intent and purposes of this Agreement, 16. Heading. The descriptive headings in this Agreement are inserted for convenience only and do not -constitute a4wl of this Agreement. � kSA 0 09/22/2005 16:47 FAX 3012944151 OXBRIDGE GROUP Q011 17. CounThis Agreement may be executed in counterparts, each of which shall constitute one and the swne instrument. 18. Notices. Any notice given under- the ,trovisions of this Agr€ent shall -=be in writing and delivered or sent. by certified mail, return receipt requested, or by facsimile, as follows: Agreement. rf to Authority: W. H. Jones;. ft&eeer-Director ` Vrederick County Sanitation Authority Pdst Offz'ce`Box 1877 Winehesfe Virginia 22604-8377 P39dne No - '540-668-1061 x320 Facsimile No. 540-868-1429 If to-FWSA: Jesse W- wffet�,' Executive Director Frederick -Winchester Service Authority P:O: B;6x 43 Wtai ter, Virginia 22604 o' phtro. 540-722-3579 Facsimile No. 540-722-1103 If to the Developer: Ray F. Sri ith,'Jr. c(d Dogwood Developrneht Croup ULC It 800 Surmise Valley Drive Stoite 525 Rostmki-Virginia 20191 'Phoite o. 743-716-1032 Facsimile No. 703-6206328 With a copy to: Stanley M. Franklin, Esq. MdGuireWoos LLP 1750 Tysons boulevard, Suite 1800 MdL�s; Virginia 22102 Phone NQ . (703) 712-5453 - Faesirnile'No. (703) 712-5226 Nolird Party.gMejgjgdes. No person shall be a third party beneficiary of this 10 0$/22/2005 16:47 FAX 3012844151 OXBRIDGE GROUP Z012 20. Effective Bate- This Agreetttent shall take effect and shall become fully enforceable by and against the parties hereto upon the cyte of the written notice from the Developer to the Arithority that the Developer or assigns has completed the purchTe of Shenandoah. 21. Exhibits. Exhibit sA, Exhibit B and Exhibit C are attached to this Agreement and the Recitals contained herein, are incorporated into this Agreement- -- IN WITNESS WTIEREOF, the parties hereto have caused this Agreement to be executed the day.and year first above written. FREDERICK COUNTY SANITATION AUTHORITY -�a 1 Date: _ - (SEAL.) Jam T. Anderson, Chairman -FREDERICK-WINCHESTER"S'F-RVICE AUTHORITY Dater/L' C/.�/ (SEAL) C. Robert Solenberger, Chairman SHENANDOAH DEVELOPMENT COMPANY, LLC. BY: DOGWOOD DEVELOPMENT GROUP LLC Bate_: % � ' y: Ray F. Smith, Jr., Manager I 09/22/2005 16:47 FAX 3012944151 OXBRIDGE GROUP 0013 CO MONWF.ALTH OF VIRGiIgA COUNTY OF FREDERICK ) l a Notary Public in and for the County and Ia State aforesaid, hereby_ certify. that James. . Anderson, Chairaztan of Frederick County Sanitation Authority, has acknowledged the same -before nae in my County and State aforesaid. Given under my hand this �D � day- of , 2001. Notary�'e� lit My Commission Expires: CI O - 0 21, COMMONWEALTH OF VIRGINIA ) COwry OF WINCHESTER ) l,—&did ^ d ���, � , a Notary Public in for the County and State aforesaid, hereby certify that C.' Robert Solenberger, Chairman of Freded6k. Winchester Service Authority, has acknowledged the same before mejn my County and State aforesaid. Csiven.uixler myhand this. +- day of-. -2001. Notary Public My C nission Expires: /' ,x-0,0 COMMONWEALTH Of VIRGINIA COUNTY OF FAIItFAX . 1, Nei Le e.� – a -Notary Public in and for the County and State aforesaid, Hereby' certify that Ray' F.- Smith;- Manager of Dogwood Development Group LLC, has acIm6wledgcd the, same before the in iriy Caanty and State aforesaid. Given under trey haand this '_'? `�_ day of , 2001. Notary Publi -My Commission Expires: vac 12 UU/ZZ/2UG5 15:47 FAX 3012944151 UXBRIDGE GROUP 10014 Exhibi t A ft )ep r Q.A 4f+ ll for C72 id, X4V AC) 7 (m r 7 V�irisou� C, 10 W;W 1 r it f; ...... ..... Clarke County Cc (240 Ac AW R un"I ro ropoe o§6d C 0 Pnat Sewer Service .91 -ound-2 ry `// Ic ta AY Eitbcrt w clifford & u"oc inC. UVfZZ/ZUUO ltf:4ZS !'A.i JU1ZH44151 UXBRIDGE GROUP 01015 Exhibit 13 RRVI SED RCH 2001 uy/Z41' 4V Da 10;40 40 rAA JU1ZU441:)1 VAIMIDGE GRUUY FRED CK COUNTY SAM TATrON ALFMOM 1'Y CHNINEMON FEES (effective JWy 1, 2000) WATER _ - Availabihty CMaige Lateral L -- Installed by installed by meter- Men - Au&M* 5/9 -3,220 -0- $1,575 5/8-- 2,220' 15(2) $2,100 3f4 2,442 - 125 (2) $2,100 I JMIh ' 3,108 ` 1,40(2) $2,100 1-1/2" 3,996 -275(2) 3 2 -tach 6,438 325 (2) 3 3-1=h -24,420 1 _ _d 4-lach 3.1,080 1 . L .. 6 -Inch 46,620 i 1 8 -latch 64,380 1 Y SEWER-- Avarl OMty-Lnarge Lateral Uharge -- d by Installed by Meter r oth= Authority 5/9 -3,220 -0- $1,575 314 3;652 $1,575 1` -tach; 4,648 70- S1,575 I-It2" 5,476 --a 81,575 2-Iftch 9,628 -0- $1,575 -34,520 4= 4 �3-inclr 4 -Inch 46,480- -a 4 6-lncl> 69,720 =0_ 4 8-1nclr I 96,280 - - - - -0- 4 Notes; 1) FCSA to fiumish and install wet taps -to existing maius at cost plus 10%. Contractor to Am6sh and install lines, vaults and meters. 2). FCSA to provide and install disc meters 2" and smaller. 3) FCSA--to-ptoyidc 2" service Linc to property line with 2 -inch ball valve at cost plus 10%. FCSA to furnish and install-cfisz,-mter. C-untractor to furnish and install meter vault and ureter se 4)'Installed bY-ccvractof if ore than 4 -inch required. (4" by FCSA = $1,575) _ F'LItE IJM AVAELAIMTTY CHARGES 50%;oft> a difference bctwocii Clic kvailability Charge for the dozy =-C anter size used and the Fite -Line Detector Double Check size used- 10016 sed- I001B ExWbit C