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Home My WebLink About006-06 Cedar Meadows - 29.7 Acres RA to RP - Opequon - Backfile0 � N g m � o N cc Q. C � N Y � � '"'llll�i u L14�el �v RECEIVED F�ROI ADDRESS C c) FOR . )L DATE A Z- NO. 2 (3 8 , .�T,I RIMMI M AMT. OF CASH ACCOUNT I I AMT. PAID C� �O ••� CHECK J ��{ BALANCE I MONEY I DUE ORDER fy 5-l(A►)-Io 1C-64) o-1 -15-((A) 1 • it ;j 154,04)) ilb ' fib• ((A _ 53 BY R_s NO. 2 7 3 8~ DATE RECEIVED FROM ADDRESS DOLLARS S FOR BY _ AMT. OF CASH ACCOUNT I AMT. PAID CHECK - ' �• BALANCE I MDNEY I OUE ORDER 0 REZONING TRACKING SAT Check List: Application Form Proffer Statement Impact Analysis Adjoiner Lost —T Fee & Sign Deposit Deed "J Plat/Survey Taxes Paid Statement Impact Model Run DATE c3 - a Application received/file opened c3 _ D �_ Reference manual updated/number assigned 3 Z7 O(o D-base updated 3 0 6 Copy of adjoiner list given to staff member for verification ' er labels ordered from data processing Q g ,,................ocation map ordered from Mapping 3 , a !3 • 0(0 j`--File given to office manager to update Application Action Summary qllqQ PC public hearing date ACTION: 1 D OG BOS public hearing date ACTION: Signectcoprof resolution for-amendmentof ordinance, with conditions proffered [if applicable], received from County Administrator's office and given to office manager for placement in the Proffers Notebook. (Note: If rezoning has no proffers, resolution goes in Amendments Without Proffers Notebook.) C' Action letter mailed to applicant Reference manual and D-base updated �A4m fre given to office manager to update Application Action Summary (final action) 9 to File given to Mapping/GIS to update zoning map 7 0 Zoning map amended U \Carol\Common\trickmg ru Revised 05/09/02 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 May 15, 2006 Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 RE: REZONING #06-06, CEDAR MEADOWS Dear Evan: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting of May 10, 2006. The above -referenced application was approved to rezone 29.7 acres from RA (Rural Areas) District to RP (Residential Performance) District with proffers, for 140 single family age restricted homes. The subject properties are located on the west side of White Oak Road (Route 636), approximately 0.6 miles south of the intersection of White Oak Road and Tasker Road (Route 642), and are identified with Property Identification Numbers 75-A-106, 75-A-107, 75-A-114, 75- A-115, 75-A-116 and 86-A-153 in the Opequon Magisterial District. The proffer that was approved as a part of this rezoning application is unique to this property and is binding regardless of ownership. Enclosed is a copy of the adopted proffer statement for your records. Please do not hesitate to contact this office if you have any questions regarding the approval of this rezoning application. Sincerely, � f Michael T. Ruddy / Deputy Planning Director MTR/bad Attachment cc: Bill M. Ewing, Board of Supervisors, Opequon District Roger Thomas and Rick Ours, Opequon District Planning Commissioners Jane Anderson, Real Estate Jasbo, Inc. & Sparks Property L.L.C., PO Box 480, Stephens City, VA 22655 107 North Rent Street, Suite 202 - Winchester, Virginia 22601-5000 0 0 REZONING APPLICATION 406-06 CEDAR MEADOWS Staff Report for the Board of Supervisors Prepared: May 2, 2006 Staff Contact: Michael T. Ruddy, Deputy Planning Director This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist then in making a decision oil this application. It may also be useful to others interested in this zoning Hunter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: April 19, 2006 Recommended Approval Board of Supervisors: May 10, 2006 Pending PROPOSAL: To rezone 29.7 acres from RA (Rural Areas) District to RP (Residential Performance) District with proffers, for 140 single family age restricted homes LOCATION: West side of White Oak Road (Route 636), approximately 0.6 miles south of the intersection of White Oak Road and Tasker Road (Route 642) MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBERS: 75-A-106, 75-A-107, 75-A-114, 75-A-115, 75-A-116 and 86-A-153 PROPERTY ZONING: RA (Rural Areas) District PRESENT USE: Residential and Agricultural ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) District Use: Residential South: RA (Rural Areas) District Use: Residential East: RA (Rural Areas) District Use: Residential/Agricultural West: RA (Rural Areas) District Use: Sherando Park RP (Residential Performance) District Residential (tinder development) PROPOSED USES: 140 Single Family Small Lot Homes (Proffered Age -Restricted Community) 0 0 Rezoning #06-06 — Cedar Meadows May 2, 2006 Page 2 REVIEW EVALUATIONS: Virlzinia Dept. of Transportation: The documentation within the application to rezone this property appears to have a measurable impact on Routes 636, 642 and 277. These routes are the VDOT roadways which have been considered as the access to the property referenced. VDOT is satisfied that the transportation proffers offered in the Cedar Meadows rezoning application dated July 1, 2005 address transportation concerns associated with this request. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization and off - site roadway improvements and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Fire Marshal: Access shall meet the minimum requirements of NFPA 1141. Extension of municipal water for firefighting shall meet the requirements of Frederick County Code Section 90.4. Plan approval recommended. Department of Inspections: No Comment. Public Works Department: Refer to page 4, Wetlands: The discussion indicates that the existing pond will be incorporated as a central feature in the proposed development. Future designs of this feature should include a detailed evaluation of the existing earth dam to insure its stability during 100 year storm flows. Additional wetland studies might be required downstream of the existing pong to delineate potential wetland areas. These studies should be submitted with the master development plan. Refer to page 8, Site Drainage: We concur with the proposed stormwater management controls. However, we recommend that agreements be established with the parks department to allow point source discharges and possible regarding of stormwater channels to facility site grading. Frederick -Winchester Service Authority: No comments Sanitation Authority: A 12" waterline will need to be extended through the site toward VA at 277. Frederick -Winchester Health Department: No Comment. GIS: No Comment. Department of Parks & Recreation: The proposed monetary proffer does not appear to offer Frederick County the fiends to offset the impact the residents of this development will have on the services provided by the Parks and Recreation Department. The maintenance access easement, for use by the Parks and Recreation Department, should not be included as usable open space for this development. Plan does not appear to indicate the minimum lot size for this development. Because the soils in this area have an extremely slow percolation rate, staff recommends the pedestrian trail, 0 • Rezoning #06-06 — Cedar Meadows May 2, 2006 Page 3 identified on the plan as a nature trail, be hard surfaced and a minimum of six feet in width. This will ensure a safe and usable path for the population being served. Frederick County Public Schools: Based on the information provided, it is anticipated that the proposed 140 single family homes will have no impact on the school division upon build -out due to the units being age restricted. Winchester Regional Airport: The Master Plan has been reviewed and it appears that it should not have an impact on operations of the Winchester Regional Airport as the proposed site falls outside of the airport's Part 77 surface. However, the site does lie within the airport's airspace and residents could experience fly -over noise from aircraft within that area. Historic Resources Advisory Board: Upon review of the proposed rezoning, it appears that the proposal does not significantly impact historic resources and it is not necessary to schedule a formal review of the rezoning application by the HRAB. According to the Rural Landmarks Survey, there are no significant historic structures located on the properties nor are there any possible historic districts in the vicinity. It was also noted that the National Park Service Study of Civil War Sites in the Shenandoah Valley does not identify any core battlefields that this proposed rezoning would directly impact. Frederick County Attorney: (Please see attached letter from Mr. Bob Mitchell dated March 27, 2006). PlanninIz & ZoninjZ: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Stephens City, VA Quadrangle) identifies the property for which the rezoning is being requested as being zoned R-1 (Residential Limited). The parcels were re -mapped from R-1 to A-2 (Agricultural General) pursuant to the County's comprehensive downzoning initiative (Zoning Amendment Petition #011-80), which was adopted on October 8, 1980. The County's agricultural zoning districts were subsequently combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re -mapping of the subject property and all other A-1 and A-2 zoned land to the RA District. 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to 9 ! Rezoning #06-06 — Cedar Meadows May 2, 2006 Page 4 protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1-1] Land Use The parcels comprising this rezoning application are located within the County's Urban Development Area (UDA) and Sewer and Water Service Area (SWSA). The Urban Development Area defines the general area in which more intensive forms of residential development will occur. In addition, the Eastern Frederick County Long Range Land Use map designates the general area in which the Cedar Meadows property is located for residential land uses. The average overall residential density of the Urban Development Area should not exceed three units per acre. More specifically, the Zoning Ordinance stipulates that properties which contain less than'one hundred acres but more than ten acres should not exceed 5.5 units per acre. As presented, the Cedar Meadows project 1a,ould develop at 4.7 units per acre. Transportation The Frederick County Eastern Road Plan provides the guidance regarding fixture arterial and collector road connections in the eastern portion of the County by identifying needed connections and locations. Plans for new development should provide for the right-of-ways necessary to implement planned road improvements and new roads shown on the road plan and should be constructed by the developer when warranted by the scale, intensity, or impacts of the development. Existing roads should be improved as necessary by adjacent development to implement the intentions of the plan (Comprehensive Plan 7-6). White Oak Road is identified as an improved major collector road and should be addressed accordingly. While not presently designated as a bicycle route on the County's bicycle plan, this section of White Oak Road warrants consideration for the inclusion of bicycle acconullodations consistent with the recently constructed section of White Oak Road north of this property. This northern section of White Oak road was completed as part of the Canter Estates development. The integration of additional bicycle facilities along the frontage of this project would provide a future linkage with the existing multi use trails, adjacent residential developments, and Sherando Regional Park. The connection along White Oak Road was identified during the on- going bicycle and pedestrian planning update efforts. Further consideration of this erihancement should be considered by the applicant and potentially incorporated into the proffer statement. New development in the Urban Development Area should only be approved when roads and other infrastructure with sufficient capacity have been provided. The Comprehensive Plan identifies that a level of service "C" should be maintained on roads adjacent to and within new developments and that traffic analysis should be provided by the applicants to insure that needed road improvements are identified in order to maintain or improve upon the level of service. 0 • Rezoning 406-06 — Cedar Meadows May 2, 2006 Page 5 3) Site Suitability/Environment The Cedar Meadows site contains a man-made pond, approximately 0.85 acres in size, which is considered an area of wetlands. The Cedar Meadows project incorporates this environmental feature into the design of the development as a focal point to the community that affords additional protection to the wetland area. Minor slopes associated with the natural drainage of the property have been identified on the site. No additional environmental features have been identified on the site that would limit the development of the project as proposed by the applicant. According to the Frederick County Rural Landmarks Survey, there are no significant historic structures located on the properties nor are there any possible historic districts in the vicinity. The Sherman -Rogers -Sargent House, identified in the Rural Landmarks Survey, is located approximately 0.4 acres north of the site. It has been determined that the Cedar Meadows project would not have a detrimental impact on this identified resource. 4) Potential Impacts A. Transportation Traffic Impact Anal The Traffic Impact Analysis (TIA) prepared for this application projects that the development of 140 age restricted residential units would generate 721 vehicle trips per day. The report was developed with access to the project being provided from White Oak Road and included an evaluation of the intersection of White Oak Road and Tasker Road. The TIA concludes that the traffic impacts associated with the Cedar Meadows application are acceptable and manageable. The site driveway and the intersection of White Oak Road and Tasker Road will maintain levels of service of C or better during the build out conditions. This is assuming the identified signalization improvements are provided at the intersection of White Oak Road and Tasker Road are implemented. Transportation Program. The Generalized Development Plan for Cedar Meadows delineates the general private road systems that will serve the residential development. The applicant has designed the road system as a private road system with controlled access. Cedar Meadows is proposed to be a gated community. The private street system proposed in the Generalized Development Plan would not meet the requirements of the Frederick County Subdivision Ordinance with regards to lot access (Section 144-24C). Rezoning #06-06 — Cedar Meadows May 2, 2006 Page 6 Waiver Request: The Board of Supervisors recently amended the Frederick County Subdivision Ordinance, Chapter 144, Section 24C, Subdivision of Land, to provide an opportunity for a waiver for Public Road Requirements to allow for proffered age -restricted gated communities with a complete system of private streets. This waiver may be requested by the applicant during the consideration of a Rezoning Application or during consideration of the Master Development Plan. The applicant is required to provide a conceptual design which demonstrates the proposed private street system layout and provide for the cross section dimensional base and pavement detail that meets or exceeds VDOT standards as a condition of requesting approval of a waiver by the Board of Supervisors. The Cedar Meadows project is requesting a waiver described above to address Section 144- 24C of the Subdivision Ordinance. The result of granting the waiver request would be to facilitate the proffered road layout identified in the Generalized Development Plan which includes individual lots greater than 800 feet from a State maintained Road and provides for a gated conununity with one individual access to White Oak Road. The Board of Supervisors should determine if the waiver requested by the applicant pursuant to this rezoning request is appropriate. The Cedar Meadows application has proffered to design and construct right turn lanes on White Oak Road. In addition, the application proffers to ensure that the design of the main entrance accommodates an area for vehicular turnaround in advance of the proposed main gate to the facility. In coordination with the Department of Parks and Recreation, the applicant has proffered to provide an additional entrance on White Oak Road for park maintenance purposes and a 30 foot easement for the purpose of providing access for park maintenance operations along the southern boundary of the property. White Oak Road's designation as an improved major collector road requires that the applicant address the need for additional right-of-way to enable the improvement of White Oak Road. ff warranted, improvements to White Oak Road should also be provided. The applicant has proffered the dedication of an additional twenty feet along the frontage of their property to facilitate the ultimate right-of-way needs associated with an improved major collector road. At this time, it is not anticipated that additional improvement to White Oak Road are warranted. The Board of Supervisors should consider if the scope of this development warrants additional consideration of improvement to White Oak Road to facilitate the full section of a Major Collector Road as identified in the Comprehensive Plan. The intersection of White Oak Road and Tasker Road warrants signalization based upon the conclusion of the applicant's TIA. To that end, the applicant has proffered the signalization of this intersection. Flexibility has been provided in this particular proffer to enable Frederick County to leverage additional transportation funding based upon the amount of the signalization funding. Rezoning #06-06 — Cedar Meadows May 2, 2006 Page 7 Omitted from the general transportation program is an enhanced accommodation for pedestrian and bicycle circulation along the frontage of White Oak Road to facilitate access along White Oak Road between the adjacent residential developments and Sherando Regional Park. Internal pedestrian circulation will be provided and access will be provided to the adjacent park property for the residents of Cedar Meadows. The section of White Oak Road along thefi•ontage of this property warrants consideration for the inclusion of bicycle accommodations consistent with the recently constructed section of White Oak Road north of this property. B. Sewer and Watei- The Cedar Meadows rezoning proposal is estimated to require approximately 3 8,5 00 gallons per day of water usage and approximately 31,500 gallons per day of wastewater. The Frederick County Sanitation Authority will serve the property and the wastewater flow from the site will go to the Parkins Mill Wastewater Treatment Plant. The initial review of the Frederick County Sanitation Authority identified that a 12" waterline will need to be extended through the site toward VA at 277. The applicant should ensure that this improvement is incorporated into the proj ect. Recent planning efforts have identified that evolving mttr•ient reduction regulations proinulgated by Virginia's Bay Nograin will have a significant my-gact on the permitted ivaste water capabilities of Frederick County. Both the Frederick Winchester Service Authority and the Frederick County Sanitation Authority are currently undertaking efforts to evaluate the regulations and, in conjunction with the UDA Study Working Group, proactively plan to address this issue. Requests,/or land use modifications should be evaluated very carefully in light of the evolving nutrient loading regulations. C. Community Facilities and Impacts The Frederick County Development Impact Model is a tool that is used to identify the capital costs associated with various types of development proposals presented to the County. The projected costs to Fire and Rescue, Public Schools, Parks and Recreation, Library, Sheriff's Office and for the Administration Building have been calculated and provided to the applicant for their consideration. The impacts associated with entirely residential projects are fixed at $23,290.00 for single family detached residential dwellings. It is recognized that the community facility impacts to schools may be negated when considering the very nature of proffered age - restricted communities. When subtracting the project school impact of $19,189.00 from the total impact amount, the balance remaining to be addressed by the applicant is $4,101.00 distributed among the other impacted community facilities. This application does not address this balance but rather proposes a $1,500.00 monetary contribution to be utilized for fire and rescue services. Rezoning #06-06 — Cedar Meadows May 2, 2006 Page 8 The distribution and deficit in the monetary contribution provided by the applicant should be evaluated by the Planning Commission to determine ifthis alternative approach is appropriate. As currently presented, the community facility impacts to the following entities have not been fully addressed; Parks and Recreation, Library, Sheriff's Office, and County Administration. 5) Proffer Statement — Dated December 28, 2005, revised March 9, 2006, Revised April 20, 2006 General Development Plan. The applicant has provided a Generalized Development Plan for the purpose of identifying the general configuration of the private street systems, age restricted community center facility, and park area. The GDP is also provided to clarify the requested waiver to Section 144-24C, Subdivision of Land, for a waiver to the Public Road Requirements to allow for proffered age - restricted gated communities with a complete system of private streets. Residential Uses and Age Restricted Community. The applicants have proffered to limit the total number of residential uses to 140 Single Family Small Lot detached dwelling units. Further, the applicant has proffered that the property will be developed as an age restricted community. Requirements detailing the specifications of the age restricted community have also been proffered. Recreational Amenities. The applicant has provided for the construction of a community center in conjunction with this project, the provision of a complete system of pedestrian sidewalks and trails, and the provision of accessibility enhancements to the Sherando Regional Park for purposes of pedestrian and maintenance facility access. Consideration should be given to additional external pedestrian and bicycle accessibility. Transportation. The applicant has proffered to limit the number of entrances along White Oak Road, to gate the access to this community, to dedicating additional right-of-way along White Oak Road to enable the future improvement of this major collector road, and to the signalization of the intersection of White Oak Road and Tasker Road. Consideration should be given to additional frontage improvements along White Oak Road. Community Curbside Trash Collection. Commercial trash pick up has been proffered, the responsibility of which will be with the Cedar Meadows Home Owners Association. Rezoning #06-06 — Cedar Meadows May 2, 2006 Page 9 Monetary Contribution. The applicant has proffered a monetary contribution in the amount of $1,500 for each residential lot that is platted to be utilized for Fire and Rescue Services. Consideration should be given to the community facility impacts that have not been addressed by the applicant. Addressed by the applicant in the revised Proffer Statement dated 4120106. STAFF CONCLUSIONS FOR 04/19/06 PLANNING COMMISSION MEETING: Waiver Request: The Planning Commission should determine if the waiver requested by the applicant pursuant to this rezoning request is appropriate. The Cedar Meadows project is requesting a waiver described above to address Section 144-24C of the Subdivision Ordinance. The result of granting the waiver request would be to facilitate the proffered road layout identified in the Generalized Development Plan which includes individual lots greater than 800 feet from a State maintained Road and provides for a gated community with one individual access to White Oak Road. RezoninI4 Request: The Cedar Meadows rezoning application is generally consistent with the goals of the Frederick County Comprehensive Plan as described in the staff report. The Planning Commission should ensure that the impacts associated with this rezoning request have been fiilly addressed by the applicant, including the following issues which were identified in the staff report: Consideration should be given to additional external pedestrian and bicycle accessibility along White Oak Road. Consideration should be given to the community facility impacts that have not been addressed by the applicant. The Commission should recognize that if the above Waiver Request for lot access is not approved, the rezoning application andproffer statement ia;ould have to be modified from its current form to provide for lot access meeting the requirements of Section 144-24C of the Subdivision Ordinance. Confirmation of the issues identified in the staff report, and any issues raised by the Planning Commission, should be addressed prior to the decision of the Planning Commission. Rezoning #06-06 — Cedar Meadows May 2, 2006 Page 10 PLANNING COMMISSION SUMMARY AND ACTION OF 04/19/06 MEETING: Three citizens came forward to speak under public comments. The first citizen spoke in opposition to the project being designated as an age -restricted community because of the cost impacts to the County. He argued that 140 units on fixed incomes could not support a private road system, in addition to all of the other amenities offered in this community; he argued that when the marketability of age -restricted communities drops and this project is converted to a traditional development, the impact of additional school -age children will be significant; and he argued that age —restricted communities use a considerable amount of public services and he was in favor of having the monetary proffer distributed to all of the agencies, not solely to fire and rescue. The other two citizens, two brothers who were adjoining property owners, requested that the old fence line remain in tact and be supplemented with trees. One said a bulldozer pushed down the fence and some trees on his property; they had presumed the developer would inform them of what was to take place, but they were not contacted. The Commission discussed numerous issues with the applicant. Because an established mechanism did not exist in the proffer model to tailor dollar amounts specifically for age -restricted communities, the Commission preferred to see an amount proffered to each of the community facilities within the proffer model in the traditional way, rather than doubling an amount to one agency, such as fire and rescue, as in this case. The applicant agreed to revise the proffer and distribute finds as indicated by the proffer model and, in addition, would keep the doubled amount originally proffered for fire and rescue the same. The applicant offered the following amounts: $2,136.00 to Parks and Recreation; $267.00 to the Library; $658.00 to Public Safety; $320.00 to County Administration; and $1,500.00 to Fire and Rescue Services, for a total of $4,881.00 per residential unit. Emergency access concerns were raised by Commission members because the development had only one entrance. The applicant agreed to incorporate an all -weather -surfaced emergency access into this development from the maintenance access road they were constructing into Sherando Park for the Department of Parks and Recreation. Commission members urged the applicant to meet with the two adjoining property owners who sought to have a fence and trees along the property line. The applicant agreed to meet with the citizens; the applicant also noted that the ordinance requires a residential separation buffer to be established along the property boundaries of these citizens, which included a six -foot -high fence, along with planted trees. The applicant addressed specific questions about the roads within the development. The applicant stated that the internal road system will be constructed, both horizontally and vertically, to meet VDOT standards, with third party verification that specific standards have been met, so that if at some fixture time, the County requests that VDOT take over maintenance of the roads, VDOT will have the ability to do so. The Commission spoke with the applicant about the possibility of establishing a find with some initial seed money for the homeowners association (HOA), in addition to what the homeowners would Rezoning #06-06 — Cedar Meadows May 2, 2006 Page 11 contribute, to insure a healthy financial start for the community; it was thought this would put the home owners in a much better financial position to meet maintenance expenses for the roads and common amenities. The applicant was agreeable to establishing a seed fiend and suggested a monetary contribution of $20,000. This was simply a suggestion of the Commission and they did not seek a commitment by the applicant for this. Questions were raised by Commission members about the applicant's opposition to constructing an external bicycle and pedestrian facility along White Oak Road. The applicant said they were not in favor of constructing a bicycle path along their property line; the applicant stated there were no official plans for a bicycle facility along White Oak Road, on the west side from Tasker Road along the Camp down to their property line, for their project to tie into. In addition, the applicant said the White Oak Major Collector Road Improvements were not listed on the County's Secondary Road Improvement Plan. He pointed out, however, that the applicant has dedicated a 20-foot right-of-way along the entire frontage of their property, in addition to their 50-foot road efficiency buffer, so that right-of-way will be available for future road improvements and bicycle paths, should this need come about. Other transportation issues addressed by the applicant included their commitment to construct a right -turn and taper lane and to frilly fiend traffic signalization at Tasker Road and White Oak Road. The Planning Commission believed the waiver requested by the applicant pursuant to this rezoning request was appropriate and by a majority vote, they recommended approval. The majority vote was as follows: YES (TO REC. APPROVAL OF WAIVER): Morris, Manuel, Watt, Unger NO: Oates Mohn, Kerr, Triplett, Kriz, Thomas, Wilmot, The Plamling Commission believed the impacts and outstanding issues raised with the rezoning had been adequately addressed through their discussions with the applicant and they recommended approval of the rezoning with the proffer amendment offered by the applicant totaling $4,881.00 per residential unit and with an emergency access to be included in the package that goes forward to the Board of Supervisors. The majority vote was as follows: YES (TO REC. APPROVAL OF RE W/ PROFFER ADDENDUM): Moen, Kerr, Triplett, Kriz, Thomas, Wilmot, Morris, Manuel, Watt, Unger NO: Oates (Note: Commissioners Light and Ours were absent from the meeting.) Rezoning #06-06 — Cedar Meadows May 2, 2006 Page 12 Waiver Request: The Board of Supervisors should determine if the waives- requested by the applicant pursuant to this rezoning request is appropriate. The Plamiing Commission recommended approval of the Waiver Request. The complete system of private streets would have to be built to meet VDOT Standards. The Private Streets would be maintained by the Homeowners Association. The result of granting the waiver request would be to facilitate the proffered road layout identified in the Generalized Development Plan which includes individual lots greater than 800 feet from a State maintained Road and provides for a gated community with one individual access to White Oak Road. The Board should recognize that if the above Waiver Request for lot access is not approved, the rezoning application and proffer statement would have to be modified from its current form to provide for lot access meeting the requirements of Section 144-24C of the Subdivision Ordinance. Rezoning Request: The Board of Supervisors should ensure that the impacts associated with this rezoning request have been addressed by the applicant to the satisfaction of the Board, including the following issues which were identified in the staff report and by the Planning Commission but not addressed in the rezoning application: Consideration should be given to additional external pedestrian and bicycle accessibility along White Oak Road. Consideration should be given to additional ivarranted frontage improvements to White Oak Road to facilitate the full section of a Major Collector Road as identified in the Comprehensive Plan. It would be appropriate for the Board of Supervisors to provide a separate motion for the Waiver Request and a separate motion for the Rezoning Request. Development Impact Model, On October 12, 2005, the Frederick County Board of Supervisors directed staff to use the Development Impact Model (DIM) to project the capital fiscal impacts that would be associated with any rezoning petitions containing residential development, replacing the existing Capital Facilities Fiscal Impact Model. The DIM was created by an economic consultant who evaluated and analyzed development within the County in an effort to assist the County in planning for future capital facility requirements. Critical inputs to the DIM are to be reviewed and updated annually to assure that the fiscal projections accurately reflect County capital expenditures. The DIM projects that, on average, residential development has a negative fiscal impacts on the County's capital expenditures. As such, all rezoning petitions with a residential component submitted after December 1, 2005 will be expected to demonstrate how the proposal will mitigate the following projected capital facility impacts: Single Family Dwelling Unit = $23,290 Town Home Dwelling Unit = $17,731 Apartment Dwelling Unit = $ 9,064 The following is a breakdown of the projected impacts per dwelling unit for each capital facility. Capital facility Single Family Town home Apgrmment Fire And Rescue $720 $528 $�0 General Government $320 $245 $245 Public Safety $658 $503 $503 Library $267 $204 $204 Parks and Recreation $2,136 $1,634 $1,634 School Construction $19,189 $14,618 $5,940 Total $23,290 $17,731 $9,064 A "read-only" copy of the Development Impact Model is available on the public workstation within the Planning and Development's office. A user manual is also available. 12/1/05 10 v?7� G�4�F1 15B IN S JABO,INC Bs q '08 SAF 86 A 109 S P Q ' _ , JASBO, INC Pgy�yF U / E 6 y 75 A 116 ` O JASSO,INC ^� l Q coo 75 • • LEONARD PI c '1 ♦v4a°� ��3q lO� BB q �Sy O v �v� v 75 A�117A �PA� ^•'??� COUNTY OF FREDERICK �� e • P p4� yQ vke 4-P • ^ry 66 rA 66 AyIQC/J/ TY OF FR�EDERICCKK V Rezoning # 06 - 06 Cedar Meadows •t °' 75 - A - 106, 107 ) 0°, 86 A - 114, 115, 116, 153) n F 5°° `1 75 A 117 JASBO, INC Y U W 4 y F yF 2 � 75 A 117A COUNTY OF FREDERICK \ j V \ 86 A COUNTY OF FREDREDERICK ss A 11 0B 0 a` a� y oe c 1� A 75 A 107 JASBO, INC 75 A 116 • JASBO, INC c Q CyO 0co �o e Bs %P oy 13 7 9 Bs 2 ,y �Sq V r� 0�o Q P m� ' 66 H ISS,9 i �5 BOK,MA'YB �, oA 4?F 4 O 76 A 42 SARGENT, M ELIZABETH TRUSTEE 75 A 113 LEONARD PROPERTY, LLC 86 A 155 FERTIG, JUANITA Rezoning # 06 - 06 L..d U.- C.Ug.N!. .....a. 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Z n larM U" coup— 0 125 250 500 0% 0 o: — 6p � r NM (86 A 114, 115, 116, 153) FW REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Stgff.- Zoning Amendment Number 14— Date Received z� PC Hearing Date `f 0G BOS Hearing Date n o� The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: Greenway Enineering Address: 151 Windy Hill Lane Winchester, VA 22602 2. Property Owner (if different than above) Name: Jasbo, Inc. & Sparks Property L.L.C. Beverley B. Shoemaker, President Address: P.O. Box 480 Stephens City, VA 22655 3. Contact person if other than above Name: Evan Wyatt, AICP Telephone: (540) 662-4185 Telephone: (540) 896-1800 Telephone: (540) 662-4185 4. Checklist: Check the following items that have been included with this application. Location map X Agency Comments X Plat X Fees X Deed to property X Impact Analysis Statement X Verification of taxes paid X Proffer Statement X • 5. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: Jasbo, Inc. & Sparks Property, L.L.C. — Beverley B. Shoemaker, President 6. A) Current Use of the Property: Residential & Agricultural B) Proposed Use of the Property: Age -Restricted Residential Community 7. Adjoining Property: PARCEL ID NUMBER 75-((A))-108 75-((A))-109 75-((A))-110 75-((A))-111 75-((A))-113 75-((A))-113A 75-((A))-117 75-((A))- 1 17A 86-((A))-151 86-((A))-152 86-((A))-154 86-((A))-155 86-((A))-155A Please see attached USE ZONING Residential RA Residential RA Residential RA Residential RA Residential RA Residential RA Residential RP Regional Park RA Residential RA Residential RA Residential RA Residential RA Residential RA 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): Located on the west side of White Oak Road (Route 636), approximately 0.6 miles south of the intersection of White Oak Road and Tasker Road (Route 642). • L]j Information to be Submitted for Capital Facilities Impact Model In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density or intensity scenario for the proposed Zoning District as described on Page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Numbers 75-((A))-106, 75-((A))-107, 75-((A))-114, 75,-((A))-115, 75-((A))-116 & 86-((A))-153 Districts Magisterial: Opequon High School: Sherando High School Fire Service: Stephens City Middle School: Admiral Byrd Middle School Rescue Service: Stephens City Elementary School: Armel Elementary School 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested 29.70± RA RP 29.70± Total acreage to be rezoned 11. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family homes: 140 Townhome: 0 Multi -Family: 0 Non -Residential Lots: 0 Office: 0 Retail: 0 Restaurant: 0 Other: 0 Mobile Home: 0 Hotel Rooms: 0 Square Footage of Proposed Uses Service Station: 0 Manufacturing: 0 Warehouse: 0 12. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right-of-way until the hearing. (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant: Date: %b 0`I Owner(s): Jasbo, Inc. & Sparks Property, L.L.C. B6, Beverld B. Shoemaker Presi nt Date • Adjoining Property Owners Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County Administrative Building, 107 North Kent Street. Name and Property Identification Number Address Name Baylis Investments, LLC 2332 Middle Road Winchester, VA 22601 Property # 75-A-106 Name Buracker, Grover Elwood 396 White Oak Road White Post, VA 22663 Property # 75-A-108 Name Buracker, Grover E. and Judy Kay 396 White Oak Road White Post, VA 22663 Property # 75-A-109 Name Buracker, Lynwood and Linda 432 White Oak Road White Post, VA 22663 Property # 75-A-110A Name Strosnider, Holmes P. and Catherine J. 444 White Oak Road White Post, VA 22663 Property # 75-A- 111 Name Leonard, Robert D. and Wendy L. 471 White Oak Road White Post, VA 22663 Property # 75-A-113 Name Abrell, Madeline K. 519 White Oak Road White Post, VA 22663 Property# 75-A-113A L] L� Name and Property Identification Number Address Name JASBO, Inc c/o James 1. Bowman 448 Fairfax Pike Stephens City, VA 22615 Property # 75-A-117 Name County of Frederick 9 Court Square #601 Winchester, VA 22601 Property # 75-A-117A Name Chapman, Edgar P. and Jennifer D. 600 White Oak Road White Post, VA 22663 Property # 86-((A))-151 Name Chapman, Edgar P. and Jennifer D. 600 White Oak Road White Post, VA 22663 Property # 86-((A))-152 Name Fleming, Madeline P. 519 White Oak Road White Post, VA 22663 Property # 86-((A))-154 Name Fertig, Juanita 557 White Oak Road White Post, VA 22663 Property # 86-((A))-155 Name Coates, Christopher D. and Dixie D. 587 White Oak Road White Post, VA 22663 Property # 86-((A))-155A • 0 REZONING APPLICATION #06-06 CEDAR MEADOWS Staff Report for the Planning Commission Prepared: April 2, 2006 Staff Contact: Michael T. Ruddy, Deputy Planning Director This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also he useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: April 19, 2006 Pending Board of Supervisors: May 10, 2006 Pending PROPOSAL: To rezone 29.7 acres from RA (Rural Areas) District to RP (Residential Performance) District with proffers, for 140 single family age restricted homes LOCATION: West side of White Oak Road (Route 636), approximately 0.6 miles south of the intersection of White Oak Road and Tasker Road (Route 642) MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBERS: 75-A-106, 75-A-107, 75-A-114, 75-A-115, 75-A-116 and 86-A-153 PROPERTY ZONING: RA (Rural Areas) District PRESENT USE: Residential and Agricultural ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) District South: RA (Rural Areas) District East: RA (Rural Areas) District West: RA (Rural Areas) District RP (Residential Performance) District Use: Residential Use: Residential Use: Residential/Agricultural Use: Sherando Park Residential (under development) PROPOSED USES: 140 Single Family Small Lot Homes (Proffered Age -Restricted Community) Rezoning #06-06 — Cedar Meadows April 2, 2006 Page 2 REVIEW EVALUATIONS: Virginia Dept. of Transportation: The documentation within the application to rezone this property appears to have a measurable impact on Routes 636, 642 and 277. These routes are the VDOT roadways which have been considered as the access to the property referenced. VDOT is satisfied that the transportation proffers offered in the Cedar Meadows rezoning application dated July 1, 2005 address transportation concerns associated with this request. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization and off - site roadway improvements and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Fire Marshal: Access shall meet the minimum requirements of NFPA 1141. Extension of municipal water for firefighting shall meet the requirements of Frederick County Code Section 90.4. Plan approval recommended. Department of Inspections: No Comment. Public Works Department: Refer to page 4, Wetlands: The discussion indicates that the existing pond will be incorporated as a central feature in the proposed development. Future designs of this feature should include a detailed evaluation of the existing earth dam to insure its stability during 100 year storm flows. Additional wetland studies might be required downstream of the existing pong to delineate potential wetland areas. These studies should be submitted with the master development plan. Refer to page 8, Site Drainage: We concur with the proposed stormwater management controls. However, we recommend that agreements be established with the parks department to allow point source discharges and possible regarding of stormwater channels to facility site grading. Frederick -Winchester Service Authority: No comments Sanitation Authority: A 12" waterline will need to be extended through the site toward VA at 277. Frederick -Winchester Health Department: No Comment. GIS: No Comment. Department of Parks & Recreation: The proposed monetary proffer does not appear to offer Frederick County the funds to offset the impact the residents of this development will have on the services provided by the Parks and Recreation Department. The maintenance access easement, for use by the Parks and Recreation Department, should not be included as usable open space for this development. Plan does not appear to indicate the minimum lot size for this development. Because the soils in this area have an extremely slow percolation rate, staff recommends the pedestrian trail, • 0 Rezoning #06-06 — Cedar Meadows April 2, 2006 Page 3 identified on the plan as a nature trail, be hard surfaced and a minimum of six feet in width. This will ensure a safe and usable path for the population being served. Frederick County Public Schools: Based on the information provided, it is anticipated that the proposed 140 single family homes will have no impact on the school division upon build -out due to the units being age restricted. Winchester Regional Airport: The Master Plan has been reviewed and it appears that it should not have an impact on operations of the Winchester Regional Airport as the proposed site falls outside of the airport's Part 77 surface. However, the site does lie within the airport's airspace and residents could experience fly -over noise from aircraft within that area. Historic Resources Advisory Board: Upon review of the proposed rezoning, it appears that the proposal does not significantly impact historic resources and it is not necessary to schedule a formal review of the rezoning application by the HRAB. According to the Rural Landmarks Survey, there are no significant historic structures located on the properties nor are there any possible historic districts in the vicinity. It was also noted that the National Park Service Study of Civil War Sites in the Shenandoah Valley does not identify any core battlefields that this proposed rezoning would directly impact. Frederick County Attorney: (Please see attached letter from Mr. Bob Mitchell dated March 27, 2006). Planning & Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Stephens City, VA Quadrangle) identifies the property for which the rezoning is being requested as being zoned R-1 (Residential Limited). The parcels were re -mapped from R-1 to A-2 (Agricultural General) pursuant to the County's comprehensive downzoning initiative (Zoning Amendment Petition #011-80), which was adopted on October 8, 1980. The County's agricultural zoning districts were subsequently combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re -mapping of the subject property and all other A-1 and A-2 zoned land to the RA District. 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to Rezoning #06-06 — Cedar Meadows April 2, 2006 Page 4 protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1-1] Land Use The parcels comprising this rezoning application are located within the County's Urban Development Area (UDA) and Sewer and Water Service Area (SWSA). The Urban Development Area defines the general area in which more intensive forms of residential development will occur. In addition, the Eastern Frederick County Long Range Land Use map designates the general area in which the Cedar Meadows property is located for residential land uses. The average overall residential density of the Urban Development Area should not exceed three units per acre. More specifically, the Zoning Ordinance stipulates that properties which contain less than one hundred acres but more than ten acres should not exceed 5.5 units per acre. As presented, the Cedar Meadows project would develop at 4.7 units per acre. Transportation The Frederick County Eastern Road Plan provides the guidance regarding future arterial and collector road connections in the eastern portion of the County by identifying needed connections and locations. Plans for new development should provide for the right-of-ways necessary to implement planned road improvements and new roads shown on the road plan and should be constructed by the developer when warranted by the scale, intensity, or impacts of the development. Existing roads should be improved as necessary by adjacent development to implement the intentions of the plan (Comprehensive Plan 7-6). White Oak Road is identified as an improved major collector road and should be addressed accordingly. While not presently designated as a bicycle route on the County's bicycle plan, this section of White Oak Road warrants consideration for the inclusion of bicycle accommodations consistent with the recently constructed section of White Oak Road north of this property. This northern section of White Oak road was completed as part of the Canter Estates development. The integration of additional bicycle facilities along the frontage of this project would provide a future linkage with the existing multi use trails, adjacent residential developments, and Sherando Regional Park. The connection along White Oak Road was identified during the on- going bicycle and pedestrian planning update efforts. Further consideration of this enhancement should be considered by the applicant and potentially incorporated into the proffer statement. New development in the Urban Development Area should only be approved when roads and other infrastructure with sufficient capacity have been provided. The Comprehensive Plan identifies that a level of service "C" should be maintained on roads adjacent to and within new developments and that traffic analysis should be provided by the applicants to insure that needed road improvements are identified in order to maintain or improve upon the level of service. 0 • Rezoning #06-06 — Cedar Meadows April 2, 2006 Page 5 3) Site Suitability/Environment The Cedar Meadows site contains a man-made pond, approximately 0.85 acres in size, which is considered an area of wetlands. The Cedar Meadows project incorporates this environmental feature into the design of the development as a focal point to the community that affords additional protection to the wetland area. Minor slopes associated with the natural drainage of the property have been identified on the site. No additional environmental features have been identified on the site that would limit the development of the project as proposed by the applicant. According to the Frederick County Rural Landmarks Survey, there are no significant historic structures located on the properties nor are there any possible historic districts in the vicinity. The Sherman -Rogers -Sargent House, identified in the Rural Landmarks Survey, is located approximately 0.4 acres north of the site. It has been determined that the Cedar Meadows project would not have a detrimental impact on this identified resource. 4) Potential Impacts A. Transportation Traffic Impact Analysis. The Traffic Impact Analysis (TIA) prepared for this application projects that the development of 140 age restricted residential units would generate 721 vehicle trips per day. The report was developed with access to the project being provided from White Oak Road and included an evaluation of the intersection of White Oak Road and Tasker Road. The TIA concludes that the traffic impacts associated with the Cedar Meadows application are acceptable and manageable. The site driveway and the intersection of White Oak Road and Tasker Road will maintain levels of service of C or better during the build out conditions. This is assuming the identified signalization improvements are provided at the intersection of White Oak Road and Tasker Road are implemented. Transportation Program. The Generalized Development Plan for Cedar Meadows delineates the general private road systems that will serve the residential development. The applicant has designed the road system as a private road system with controlled access. Cedar Meadows is proposed to be a gated community. The private street system proposed in the Generalized Development Plan would not meet the requirements of the Frederick County Subdivision Ordinance with regards to lot access (Section 144-24C). Rezoning #06-06 — Cedar Meadows April 2, 2006 Page 6 Waiver Request: The Board of Supervisors recently amended the Frederick County Subdivision Ordinance, Chapter 144, Section 24C, Subdivision of Land, to provide an opportunity for a waiver for Public Road Requirements to allow for proffered age -restricted gated communities with a complete system of private streets. This waiver may be requested by the applicant during the consideration of a Rezoning Application or during consideration of the Master Development Plan. The applicant is required to provide a conceptual design which demonstrates the proposed private street system layout and provide for the cross section dimensional base and pavement detail that meets or exceeds VDOT standards as a condition of requesting approval of a waiver by the Board of Supervisors. The Cedar Meadows project is requesting a waiver described above to address Section 144- 24C of the Subdivision Ordinance. The result of granting the waiver request would be to facilitate the proffered road layout identified in the Generalized Development Plan which includes individual lots greater than 800 feet from a State maintained Road and provides for a gated community with one individual access to White Oak Road. The Planning Commission should determine if the waiver requested by the applicant pursuant to this rezoning request is appropriate. The Cedar Meadows application has proffered to design and construct right turn lanes on White Oak Road. In addition, the application proffers to ensure that the design of the main entrance accommodates an area for vehicular turnaround in advance of the proposed main gate to the facility. In coordination with the Department of Parks and Recreation, the applicant has proffered to provide an additional entrance on White Oak Road for park maintenance purposes and a 30 foot easement for the purpose of providing access for park maintenance operations along the southern boundary of the property. White Oak Road's designation as an improved major collector road requires that the applicant address the need for additional right-of-way to enable the improvement of White Oak Road. If warranted, improvements to White Oak Road should also be provided. The applicant has proffered the dedication of an additional twenty feet along the frontage of their property to facilitate the ultimate right-of-way needs associated with an improved major collector road. At this time, it is not anticipated that additional improvement to White Oak Road are warranted. The intersection of White Oak Road and Tasker Road warrants signalization based upon the conclusion of the applicant's TIA. To that end, the applicant has proffered the signalization of this intersection. Flexibility has been provided in this particular proffer to enable Frederick County to leverage additional transportation funding based upon the amount of the signalization funding. 0 • Rezoning #06-06 — Cedar Meadows April 2, 2006 Page 7 Omitted from the general transportation program is an enhanced accommodation for pedestrian and bicycle circulation along the frontage of White Oak Road to facilitate access along White Oak Road between the adjacent residential developments and Sherando Regional Park. Internal pedestrian circulation will be provided and access will be provided to the adjacent park property for the residents of Cedar Meadows. The section of White Oak Road along the frontage of this property warrants consideration for the inclusion of bicycle accommodations consistent with the recently constructed section of White Oak Road north of this property. B. Sewer and Water The Cedar Meadows rezoning proposal is estimated to require approximately 38,500 gallons per day of water usage and approximately 31,500 gallons per day of wastewater. The Frederick County Sanitation Authority will serve the property and the wastewater flow from the site will go to the Parkins Mill Wastewater Treatment Plant. The initial review of the Frederick County Sanitation Authority identified that a 12" waterline will need to be extended through the site toward VA at 277. The applicant should ensure that this improvement is incorporated into the project. Recent planning efforts have identified that evolving nutrient reduction regulations promulgated by Virginia's Bay Program will have a significant impact on the permitted waste water capabilities of Frederick County. Both the Frederick Winchester Service Authority and the Frederick County Sanitation Authority are currently undertaking efforts to evaluate the regulations and, in conjunction with the UDA Study Working Group, proactively plan to address this issue. Requests for land use modifications should be evaluated very carefully in light of the evolving nutrient loading regulations. C. Community Facilities and Impacts The Frederick County Development Impact Model is a tool that is used to identify the capital costs associated with various types of development proposals presented to the County. The projected costs to Fire and Rescue, Public Schools, Parks and Recreation, Library, Sheriff's Office and for the Administration Building have been calculated and provided to the applicant for their consideration. The impacts associated with entirely residential projects are fixed at $23,290.00 for single family detached residential dwellings. It is recognized that the community facility impacts to schools may be negated when considering the very nature of proffered age - restricted communities. When subtracting the project school impact of $19,189.00 fiom the total impact amount, the balance remaining to be addressed by the applicant is $4,101.00 distributed among the other impacted community facilities. This application does not address this balance but rather proposes a $1,500.00 monetary contribution to be utilized for fire and rescue services. Rezoning #06-06 — Cedar Meadows April 2, 2006 Page 8 The distribution and deficit in the monetary contribution provided by the applicant should be evaluated by the Planning Commission to determine if this alternative approach is appropriate. As currently presented, the community facility impacts to the following entities have not been fully addressed; Parks and Recreation, Library, Sheriff's Office, and County Administration. 5) Proffer Statement — Dated December 28, 2005 and revised March 9, 2006 General Development Plan. The applicant has provided a Generalized Development Plan for the purpose of identifying the general configuration of the private street systems, age restricted community center facility, and park area. The GDP is also provided to clarify the requested waiver to Section 144-24C, Subdivision of Land, for a waiver to the Public Road Requirements to allow for proffered age - restricted gated communities with a complete system of private streets. Residential Uses and Age Restricted Community. The applicants have proffered to limit the total number of residential uses to 140 Single Family Small Lot detached dwelling units. Further, the applicant has proffered that the property will be developed as an age restricted community. Requirements detailing the specifications of the age restricted community have also been proffered. Recreational Amenities. The applicant has provided for the construction of a community center in conjunction with this project, the provision of a complete system of pedestrian sidewalks and trails, and the provision of accessibility enhancements to the Sherando Regional Park for purposes of pedestrian and maintenance facility access. Consideration should be given to additional external pedestrian and bicycle accessibility. Transportation. The applicant has proffered to limit the number of entrances along White Oak Road, to gate the access to this community, to dedicating additional right-of-way along White Oak Road to enable the future improvement of this major collector road, and to the signalization of the intersection of White Oak Road and Tasker Road. Community Curbside Trash Collection. Commercial trash pick up has been proffered, the responsibility of which will be with the Cedar Meadows Home Owners Association. • Rezoning #06-06 — Cedar Meadows April 2, 2006 Page 9 Monetary Contribution. The applicant has proffered a monetary contribution in the amount of $1,500 for each residential lot that is platted to be utilized for Fire and Rescue Services. Consideration should be given to the community facility impacts that have not been addressed by the applicant. STAFF CONCLUSIONS FOR 04/19/06 PLANNING COMMISSION MEETING: Waiver Request The Planning Commission should determine if the waiver requested by the applicant pursuant to this rezoning request is appropriate. The Cedar Meadows project is requesting a waiver described above to address Section 144-24C of the Subdivision Ordinance. The result of granting the waiver request would be to facilitate the proffered road layout identified in the Generalized Development Plan which includes individual lots greater than 800 feet from a State maintained Road and provides for a gated community with one individual access to White Oak Road. Rezoninlz Request: The Cedar Meadows rezoning application is generally consistent with the goals of the Frederick County Comprehensive Plan as described in the staff report. The Planning Commission should ensure that the impacts associated with this rezoning request have been fully addressed by the applicant, including the following issues which were identified in the staff report: Consideration should be given to additional external pedestrian and bicycle accessibility along White Oak Road. Consideration should be given to the communityfacility impacts that have not been addressed by the applicant. The Commission should recognize that if the above Waiver Request for lot access is not be approved, the rezoning application and proffer statement would have to be modified from its current form to provide for lot access meeting the requirements of Section 144-24C of the Subdivision Ordinance. Confirmation of the issues identified in the staff report, and any issues raised by the Planning Commission, should be addressed prior to the decision of the Planning Commission. Following the requirement for a public hearing, a recommendation by the Planning Commission to the Board of Supervisors concerning this rezoning application would be appropriate. The applicant should be prepared to adeauatelv address all concerns raised by the Planning Commission. Greenway Engineering December 28, 2005 • Cedar Meadows Rezoning March 9, 2006 CEDAR MEADOWS PROFFER STATEMENT REZONING: RZ# O 4o-'O to Rural Areas (RA) to Residential Performance (RP) PROPERTIES: 29.70-acres +/- Tax Parcels 75-((A))-106; 75-((A))-107; 75-((A))-114; 75-((A))-115; 75-((A))-116; & 86-((A))-153 RECORD OWNERS: Jasbo, Inc. & Sparks Property, L.L.C. APPLICANT: Jasbo, Inc. & Sparks Property, L.L.C. PROJECT NAME: Cedar Meadows Age -Restricted Community ORIGINAL DATE OF PROFFERS: December 28, 2005 REVISION DATE: March 9, 2006 Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, (the "Code") and the provisions of the Frederick County Zoning Ordinance (the "Ordinance") with respect to conditional zoning, Jasbo, Inc., and Sparks Property, L.L.C. (the "Applicant") hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # 0401. for the rezoning of 29.70±-acres (the "Property") from the RA, Rural Area District to RP, Residential Performance District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon these applicant and their legal successors, heirs, or assigns. The subject Property, identified as Cedar Meadows, and more particularly described as the lands owned by Jasbo, Inc., being all of Tax Map Parcels 75-((A))-106, 75-((A))-107, 75-((A))-114, 75-((A))-115, 75-((A))-116, and 86-((A))-153 and further identified by plat and survey dated June 7, 2004, prepared by Mark D. Smith, L.S., of Greenway Engineering, entitled "Boundary Survey of the Land of Chloe Juanita Sparks, recorded as Instrument Number 040022470, additionally by Deed, recorded as Instrument Number 050007167 and Instrument Number 050029421. File #4074/EAW • Greenway Engineering December 28, 2005 Cedar Meadows Rezoning March 9, 2006 A. Generalized Development Plan The Applicant hereby proffers to develop the Property in substantial conformity with the attached Generalized Development Plan ("GDP") dated December 28, 2005 that will be approved as part of the rezoning application. The GDP shall identify the general location of the internal private road system and the general location of the age -restricted community center facility and park area. B. Residential Land Use 1. The Applicant hereby proffers that the Property shall be developed as an age - restricted community pursuant to the requirements set forth in Section C — Age Restricted Community of this proffer statement. 2. The Applicant hereby proffers to limit the total number of age -restricted residential structures to140 total single-family small lot detached dwelling units. C. Aae-Restricted Community The Applicant hereby proffers that the following language shall be included in the deeds conveying real property designated as age -restricted housing on that portion of the Property. All residential units shall be occupied by at least one person fifty-five (55) years of age or older and within such units the following conditions shall apply: 1. All other residents must reside with a person who is fifty-five (55) years of age or older, and be a spouse, a cohabitant, an occupant's child of nineteen (19) years of age or older, or provide primary physical or economic support to the person who is fifty-five (55) years of age or older. Not withstanding this limitation, a person hired to provide live-in, long term or terminal health care of a person who is fifty-five (55) years of age or older for compensation may also occupy a dwelling during any time such person is actually providing such care. 2. Guests under the age of fifty-five (55) are permitted for periods of time not to exceed sixty (60) days total for each such guest in any calendar year. 3. If title to any lot or unit shall become vested in any person under the age of fifty-five (55) by reason of descent, distribution, foreclosure or operation of law, the age restriction covenants shall not work a forfeiture or revision of title, but rather, such person thus taking title shall not be permitted to reside in File #4074/EAW 2 G•eenway Engineering December 28, 2005 Cedar Meadows Rezoning March 9, 2006 such lot or unit until he/she shall have attained the age of fifty-five (55) or otherwise satisfies the requirements as set forth herein. Notwithstanding, a surviving spouse shall be allowed to continue to occupy a dwelling unit without regard to age. D. Recreational Amenities 1. The Applicant hereby proffers to construct a Community Center Facility for the Cedar Meadows age -restricted community pursuant to § 165-64, which shall be a minimum of 2,000 square -feet and will be located within the park area along the pond, which shall count towards the required recreational amenity requirement. 2. The Applicant hereby proffers to construct a complete system of pedestrian sidewalks and trails that provide access from all residential dwellings to the Community Center Facility and park area, of which the trails shall count towards the required recreational amenity requirement. The Applicant shall provide an easement adjoining the internal trail system along the Sherando Regional Park property to allow for a future trail connection that will allow residents of the Cedar Meadows age -restricted community access to the regional park. 3. The Applicant hereby proffers to provide an easement upon a portion of the Cedar Meadows Property sufficient to accommodate an entrance off of White Oak Road (Route 636), transitioning to a 30-foot easement for the construction of a private access lane for the exclusive use of the Frederick County Parks and Recreation Department for maintenance access only. The Applicant further proffers to apply for the required VDOT entrance permit for the maintenance access drive at the time that the main VDOT entrance permit is applied for and to construct the maintenance entrance and access drive from White Oak Road (Route 636) to the western limits of the subject property following approval of the VDOT entrance permit. This maintenance access easement shall be incorporated as a component of the subdivision and open space plats for the Cedar Meadows age -restricted community. The maintenance access drive shall not be utilized as a public access drive for the Sherando Regional Park. E. Transportation Enhancements 1. The Applicant hereby proffers to develop the Cedar Meadows age -restricted community with a complete system of private streets and as a gated community. 2. The Applicant hereby proffers to limit the number of entrances along White Oak Road (Route 636) to one main entrance in addition to the Sherando Regional Park maintenance access entrance described in Section D(3) above. The main entrance File #4074/EAW 3 Greenway Engineering 0 December 28, 2005 Cedar Meadows Rezoning March 9, 2006 shall be gated and the ingress and egress lanes into the community shall be designed and sized to allow for emergency access on either lane and for a vehicle turn around area between the public street and the gated main entrance. 3. The Applicant hereby proffers to dedicate a 20-foot strip along the existing 40- foot White Oak Road right-of-way frontage on the subject site for the purpose of future road widening. The Applicant shall be responsible for the construction of a right turn and taper lane to provide safe access to the Cedar Meadows age - restricted community. 4. The Applicant hereby proffers to enter into a signalization agreement with the Virginia Department of Transportation (VDOT) that will fully fund the installation of traffic signalization at the White Oak Road (Route 636)/Tasker Road (Route 642) intersection. These funds shall be made available to Frederick County for use as a local match for Revenue Sharing Funds or other applicable transportation enhancement funds. In the event that VDOT determines that traffic signalization is not warranted at the White Oak Road (Route 636)/Tasker Road (Route 642) intersection, these funds will be made available to Frederick County unconditionally for other transportation improvements as determined by the Board of Supervisors. 5. The Applicant hereby proffers to provide for advanced warning signs along White Oak Road (Route 636) to the south of the subject site to advise motorists of the Parks and Recreation private maintenance access drive if desired by VDOT. Additionally, the Applicant proffers to gate the private maintenance access drive during the construction process as described in Section D(3) of the proffer statement. F. Community Curbside Trash Collection The Applicant hereby proffers to provide commercial trash pickup and waste removal service for the Cedar Meadows age -restricted community. The commercial trash pickup and waste removal service shall be established by deed covenant and shall be assigned to the Cedar Meadows Home Owners Association (HOA) at such time as identified in the legal documents setting forth the guidelines for the Cedar Meadows HOA. The commercial trash pickup and waste removal service shall remain in effect and be the responsibility of the Cedar Meadows HOA until such time as this service is provided by Frederick County. File #4074/EAW 4 Grcenway Engineering 0 December 28, 2005 March 9, 2006 G. Monetary Contribution to Offset Impact of Development Cedar Meadows Rezoning The undersigned contract owner of the above -described property hereby voluntarily proffers that in the event rezoning application # is approved, the undersigned will pay to the Treasurer of Frederick County, Virginia $1,500 for each residential lot that is platted, to be utilized for Fire and Rescue Services. This monetary contribution will be paid at the time of the building permit issuance for each residential lot. H. Signatures The conditions proffered above shall be binding upon the Applicant and its assigns and successors in interest. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the proffered conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Ordinance. Respectfully Submitted: Im Beverley B. Shoemaker, Presid'entO Jasbo, Inc. & Sparks Property, L.L.C. Commonwealth of Virginia, City/County of -Fre.d e rl c% To Wit: 3 - 2-3 b Date The foregoing instrument was acknowledged before nee this Q day of H0.rck 20 0(0 by Notary Publ' �. /�'1 GJ•,C,� My Commission ExpiresAy"/Itz ti30� aGnB rife ##4074/EAW r: E Rezoning Application - Location Map Application Review Fee Cedar Meadows Rezoning Application File #4074/EAW CEDAR MEADOWS AGE -RESTRICTED COMMUNITY REZONING APPLICATION Opequon Magisterial District Frederick County, Virginia TM 75-((A))-106, 75-((A))-107, 75-((A))-114, 75-((A))-115, 75-((A))-116 & 86-((A))-153 aggregate area of 29.70± Acres March 9, 2006 Current Owner: JASBO, INC. SPARKS PROPERTY, L.L.0 Contact Person: Evan Wyatt, AICP co"� GREENWAY ENGINEERING 151 Windy Hill Lane Founded in 1971 Winchester, Virginia 22602 Telephone 540-662-4185 Engineers FAX 540-722-9528 Surveyors www.greenwayeng.com 0 • Special Limited Power of Attorney Agreement Cedar Meadows Rezoning Application File #4074/EAW Special Limited Power of Attorney County of Frederick, Virginia Planning office, County of Frederick, Virginia, 107 Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By These Presents: That I (We) (Name) Jasbo, Inc. — Beverley B. Shoemaker, President (Phone) (540) 869-1800 (Address) PO Box 480 Stephens City, VA 22655 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 040022470 on Page , and is described as 75 107 A 75 114 A 75 115 A Parcel: 75 Lot: 116 Block: A Section: Subdivision: do hereby make, constitute and appoint: (Name) Greenway Engineering (Phone) (540) 662-4185 (Address) 151 Windy Hill Lane Winchester, VA 22604 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning application for my (our) above described Property, including: ® Rezoning (Including proffers) ❑ Conditional Use Permits ❑ Master Development Plan (Preliminary and Final) ❑ Subdivision ❑ Site Plan My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) have hereto set my (our) hand and seal this day of 200k � Signature(s) State of Virginia, City/County of �140-wit: I, rAii t� a Notary Public in and for the jurisdiction aforesaid, certify that the personf� who signed to the foregoin instrument and who I (are) known to me, personally appeared before me and has acknowledged the `same b re me in the jurisdiction aforesaid this 5_�3_ day of , 200 My Commission Expires: 9I30J D�) Notary Public • 0 1 Special Limited Power of Attorney County of Frederick, Virginia Planning office, County of Frederick, Virginia, 107 Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By These Presents: That I (We) (Name) Sparks Property, L.L.C. — Beverley B. Shoemaker, President (Phone) (540) 869-1800 (Address) PO Box 480 Stephens City, VA 22655 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 050007167 on Page , and is described as 050029421 75 106 A Parcel: 86 Lot: 153 Block: A Section: Subdivision: do hereby make, constitute and appoint: (Name) Greenway Engineering (Phone) (540) 662-4185 (Address) 151 Windy Hill Lane Winchester, VA 22604 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning application for my (our) above described Property, including: ® Rezoning (Including proffers) ❑ Conditional Use Permits ❑ Master Development Plan (Preliminary and Final) ❑ Subdivision ❑ Site Plan My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) have hereto set my (our) hand and seal this 5 day of�`1100 (P Signature(s) U1 /� A inna� State of Virginia, City/County of , To -wit: I, T e IrAAUp Notary Public in and for the jurisdiction aforesaid, certify that the person* who signed to the foregoinstrument and who I (are) known to me, personally appeared before me and has acknowledged the same b -e me in the jurisdiction aforesaid this S day of f�a�00 l . i ` My Commission Expires: `j�30�Q7 Notary Public 0 0 AMENDMENT Action: PLANNING COMMISSION: April 19, 2006 - Recommended Approval BOARD OF SUPERVISORS: May 10, 2006 ❑ APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING 406-06 OF CEDAR MEADOWS WHEREAS, Rezoning #06-06 of Cedar Meadows, submitted by Greenway Engineering, to rezone 29.7 acres from RA (Rural Areas) District to RP (Residential Performance) District with proffers, for 140 single family homes was considered. The property is located on the west side of White Oak Road (Route 636), approximately 0.6 miles south of the intersection of White Oak Road and Tasker Road (Route 642), in the Opequon Magisterial District, and is identified by Property Identification Numbers (PINS) 75-A-106, 75- A-107, 75-A-114, 75-A-115, 75-A-116 and 86-A-153 WHEREAS, the Planning Commission held a public hearing on this rezoning on April 19, 2006; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on May 10, 2006; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to change 29.7 acres from RA (Rural Areas) District to RP (Residential Performance) District with proffers, for 140 single family homes, as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. PDRes # 14-06 0 0 This ordinance shall be in effect on the date of adoption. Passed this 1 Oth day of May, 2006 by the following recorded vote: Richard C. Shickle, Chairman Gary Dove Gene E. Fisher Philip A. Lemieux Aye Barbara E. Van Osten Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Aye Aye Abstained A COPY ATTEST John Riley, Jr. Frederick County Administrator PDRes. 414-06 0 0 Greenway Engineering December 28, 2005 Cedar Meadows Rezoning March 9, 2006 April 20, 2006 CEDAR MEADOWS PROFFER STATEMENT REZONING: RZ# o L - 64 Rural Areas (RA) to Residential Performance (RP) .PROPERTIES: 29.70-acres +/- Tax Parcels 75-((A))-106; 75-((A))-107; 75-((A))-114; 75-((A))-115; 75-((A))-116; & 86-({A))-153 RECORD OWNERS: Jasbo, Inc. & Sparks Property, L.L.C. APPLICANT: Jasbo, Inc. & Sparks Property, L.L.C. PROJECT NAME: Cedar Meadows Age -Restricted Community ORIGINAL DATE OF PROFFERS: December 28, 2005 REVISION DATE: March 9, 2006 Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, (the "Code') and the provisions of the Frederick County Zoning Ordinance (the "Ordinance") with respect to conditional zoning, Jasbo, Inc., and Sparks Property, L.L.C. (the "Applicant") hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #04-04, for the rezoning of 29.70±-acres (the "Property") from the RA, Rural Area District to RP, Residential Performance District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be -binding upon these applicant and their legal successors, heirs, or assigns. The subject Property, identified as Cedar Meadows, and more particularly described as the lands owned by Jasbo, Inc., and Sparks Property, L.L.C., being all of Tax Map Parcels 75-((A))-106, 75-((A))-107, 75-((A))-114, 75-((A))-115, 75-((A))-116, and 86- ((A))-153 and further identified by plat and survey dated June 7, 2004, prepared by Mark D. Smith, L.S., of Greenway Engineering, entitled "Boundary Survey of the Land of Chloe Juanita Sparks, recorded as Instrument Number 040022470, additionally by Deed, recorded as Instrument Number 050007167 and Instrument Number 050029421. File 94074/EAW • Green -way Engineering December 28, 2005 Cedar Meadows Rezoning March 9, 2006 April 20, 2006 A. Generalized Development Plan The Applicant hereby proffers to develop the Property in substantial conformity with the attached Generalized Development Plan ("GDP") dated December 28, 2005 that will be approved as -part -of the .rezoning .application. The .GDP shall identify .the general- location of the internal private road system and the general location of the age -restricted community center facility and park area. B. Residential Land Use 1. The Applicant hereby proffers that the Property shall be developed as an age - restricted community pursuant to the requirements set forth in Section C — Age Restricted Community of this proffer statement. 2. The Applicant hereby proffers to limit the total number of age -restricted residential structures to140 total single-family small lot detached dwelling units. 3. The Applicant hereby .proffers to .establish .a start-up fund for the .Cedar Meadows i iomeowners' Association (CMHOA) that will provide a lump sum payment of $20,000.00 that will be provided by the Applicant. Language will be incorporated into the CMHOA Declaration of Restrictive Covenant Document and Deed of Dedication that ensures the availability of these funds prior to the transfer of ownership and maintenance responsibility from the Applicant to the CMHOA. C. Age -Restricted Community The Applicant hereby proffers that the following language shall be included in the deeds conveying real property designated as age -restricted housing on that portion of the Property. All residential units shall be .occupied by -at least .one .person fifty-five .(55) years .of .age .or older and within such units the following conditions shall apply: 1. All other residents must reside with a person who is fifty-five (55) years of age or older, and be a spouse, a cohabitant, an occupant's child of nineteen (19) years of age or older, or provide primary physical or economic support to the person who is fifty-five (55) years of age or older. Not withstanding this limitation, a person hired to provide live-in, long term or terminal health care of a person who is fifty-five (55) years of age or older for compensation may also occupy a dwelling during any time such person is actually providing such care. File 44074/EAW L_J 0 Crzenway Engineering December 28, 2005 Cedar Meadows Rezoning Marro 9,20©6 April 20, 2006 2. Guests under the age of fifty-five (55) are permitted for periods of time not to exceed sixty (60) days total for each such guest in any calendar year. 3. If title to any lot or unit shall become vested in any person under the age of fifty-five .(55) by .reason of descent, .distribution, foreclosure .or .operation .of law, the age restriction covenants shall not work a forfeiture or revision of title, but rather, such person thus taking title shall not be permitted to reside in such lot or unit until he/she shall have attained the age of fifty-five (55) or otherwise satisfies the requirements as set forth herein. Notwithstanding, a surviving spouse shall be allowed to continue to occupy a dwelling unit without regard to age. D. Recreational Amenities 1. The Applicant hereby proffers to construct a Community Center Facility for the Cedar Meadows age -restricted community pursuant to § 165-64, which shall be a minimum of 2,000 square -feet and will be located within the park area along the pond, which shall .count towards the required recreational .amenity requirement. 2. The Applicant hereby proffers to construct a complete system of pedestrian sidewalks and trails that provide access from all residential dwellings to the Community Center Facility and park area, of which the trails shall count towards the required recreational amenity requirement. The Applicant shall provide an easement adjoining the internal trail system along the Sherando Regional Park property to allow for a future trail connection that will allow residents of the Cedar Meadows age -restricted community access to the regional park. 3. The Applicant hereby .proffers to provide an .easement .upon .a portion .of the Cedar Meadows Property sufficient to accommodate an entrance off of White Oak Road (Route 636), transitioning to a 30-foot easement for the construction of a private access lane for the exclusive use of the Frederick County Parks and Recreation Department for maintenance access only and for an emergency access drive connection for Frederick County Fire and Rescue Services. The Applicant further proffers to apply for the required VDOT entrance permit for the maintenance access drive at the time that the main VDOT entrance permit is applied for and to construct the maintenance entrance and access drive from White Oak Road (Route 636) to the western limits of the subject property following approval of the VDOT .entrance permit. This maintenance .access easement .and emergency access easement shall be incorporated as a component of the subdivision and open space plats for the Cedar Meadows age -restricted community. The maintenance access drive and the emergency access drive shall not be utilized as a public access drive for the Sherando Regional Park. File #4074/EAw 3 • 0 Greenway Engineering December 28, 2005 Cedar Meadows Rezoning March 9 2006 April 20, 2006 E. Transportation Enhancements L The Applicant hereby proffers to develop the Cedar Meadows age -restricted community with a complete system of private streets and as a gated community. 2. The Applicant hereby proffers to limit the number of entrances along White Oak Road (Route 636) to one main entrance in addition to the Sherando Regional Park maintenance access entrance described in Section D(3) above. The main entrance shall .be gated .and .the ingress and .egress lanes .into the .community shall .be designed and sized to allow for emergency access on either lane and for a vehicle turn around area between the public street and the gated main entrance. 3. The Applicant hereby proffers to dedicate a 20-foot strip along the existing 40- foot White Oak Road right -of --way frontage on the subject site for the purpose of future road widening. The Applicant shall be responsible for the construction of a right turn and taper lane to provide safe access to the Cedar Meadows age - restricted community. 4. The Applicant hereby proffers to .enter into a signalization .agreement with .the Virginia Department of Transportation (VDOT) that will fully fund the installation of traffic signalization at the White Oak Road (Route 636)/Tasker Road (Route 642) intersection. These funds shall be made available to Frederick County for use as a local match for Revenue Sharing Funds or other applicable transportation enhancement funds. In the event that VDOT determines that traffic signalization is not warranted at the White Oak Road (Route 636)/Tasker Road (Route 642) intersection, these funds will be made available to Frederick County unconditionally for other transportation improvements as determined by the Board of Supervisors. 5. The Applicant hereby proffers to provide for advanced warning signs along White Oak Road (Route 636) to the south of the subject site to advise motorists of the Parks and Recreation private maintenance access drive if desired by VDOT. Additionally, the Applicant proffers to gate the private maintenance access drive during the construction process as described in Section D(3) of the proffer statement. 6. The Applicant hereby proffers to construct an emergency access drive that connects the Frederick County Parks and Recreation maintenance access to the internal private street system located in the southern portion .of the Cedar Meadows age -restricted community. File #4074/EAW 4 C,reenway Engineering December 28, 2005 Cedar Meadows Rezoning March 9, 200E April 20, 200E F. Community Curbside Trash Collection The Applicant hereby proffers to provide commercial trash pickup and waste removal service for the Cedar Meadows age -restricted community. The commercial trash pickup and waste .removal service shall be .established by deed covenant and shah .be .assigned .to the Cedar Meadows Home Owners Association (HOA) at such time as identified in the legal documents setting forth the guidelines for the Cedar Meadows HOA. The commercial trash pickup and waste removal service shall remain in effect and be the responsibility of the Cedar Meadows HOA until such time as this service is provided by Frederick County. G. Monetary Contribution to Offset Impact of Development The undersigned contract owner of the above -described property hereby voluntarily proffers that in the event rezoning application # is approved, the undersigned will pay to the Treasurer of Frederick County, Virginia $4,881 for each residential lot that is platted, to be distributed as follows: Fire and Rescue $1,500.00 General -Government $ 320.00 Public Safety $ 658.00 Library $ 267.00 Parks and Recreation $2,136.00 This monetary contribution will be paid at the time of the building permit issuance for each residential lot. File #4074/EAW The conditions proffered above shall be binding upon the Applicant and its assigns and successors in interest. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the proffered conditions, the proffered conditions shall apply to the land rezoned in addition to .other requirements set forth in the Frederick .County Respectfully Submitted: By: i'I�i25 �1ti*oi Beverley B. Shoemaker, President Jasbo, Inc. & Sparks Property, L.L.C. Commonwealth of Virginia, City/County of "FCe62C,\&\� The foregoing instrument was acknowledged before me this c)3 day of Notary Public My Commission Expir �� 0 Greenway Engineering December 28, 2005 Cedar Meadows Rezoning March 9, 2006 CEDAR MEADOWS PROFFER STATEMENT REZONING: RZ# 04,-04 Rural Areas (RA) to Residential Performance (RP) PROPERTIES: 29.70-acres +/- Tax Parcels 75-((A))-106; 75-((A))-107; 75-((A))-114; 75-((A))-115; 75-((A))-116; & 86-((A))-153 RECORD OWNERS: Jasbo, Inc. & Sparks Property, L.L.C. APPLICANT: Jasbo, Inc. & Sparks Property, L.L.C. PROJECT NAME: Cedar Meadows Age -Restricted Community ORIGINAL DATE OF PROFFERS: December 28, 2005 REVISION DATE: March 9, 2006 Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, (the "Code") and the provisions of the Frederick County Zoning Ordinance (the "Ordinance") with respect to conditional zoning, Jasbo, Inc., and Sparks Property, L.L.C. (the "Applicant") hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #06-o4 for the rezoning of 29.70±-acres (the "Property") from the RA, Rural Area District to RP, Residential Performance District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon these applicant and their legal successors, heirs, or assigns. The subject Property, identified as Cedar Meadows, and more particularly described as the lands owned by Jasbo, Inc., being all of Tax Map Parcels 75-((A))-106, 75-((A))-107, 75-((A))-114, 75-((A))-115, 75-((A))-116, and 86-((A))-153 and further identified by plat and survey dated June 7, 2004, prepared by Mark D. Smith, L.S., of Greenway Engineering, entitled "Boundary Survey of the Land of Chloe Juanita Sparks, recorded as Instrument Number 040022470, additionally by Deed, recorded as Instrument Number 050007167 and Instrument Number 050029421. File #4074/EAW C • Greenway Engineering December 28, 2005 Cedar Meadows Rezoning March 9, 2006 A. Generalized Development Plan The Applicant hereby proffers to develop the Property in substantial conformity with the attached Generalized Development Plan ("GDP") dated December 28, 2005 that will be approved as part of the rezoning application. The GDP shall identify the general location of the internal private road system and the general location of the age -restricted community center facility and park area. B. Residential Land Use 1. The Applicant hereby proffers that the Property shall be developed as an age - restricted community pursuant to the requirements set forth in Section C — Age Restricted Community of this proffer statement. 2. The Applicant hereby proffers to limit the total number of age -restricted residential structures tol40 total single-family small lot detached dwelling units. C. Age -Restricted Community The Applicant hereby proffers that the following language shall be included in the deeds conveying real property designated as age -restricted housing on that portion of the Property. All residential units shall be occupied by at least one person fifty-five (55) years of age or older and within such units the following conditions shall apply: 1. All other residents must reside with a person who is fifty-five (55) years of age or older, and be a spouse, a cohabitant, an occupant's child of nineteen (19) years of age or older, or provide primary physical or economic support to the person who is fifty-five (55) years of age or older. Not withstanding this limitation, a person hired to provide live-in, long term or terminal health care of a person who is fifty-five (55) years of age or older for compensation may also occupy a dwelling during any time such person is actually providing such care. 2. Guests under the age of fifty-five (55) are permitted for periods of time not to exceed sixty (60) days total for each such guest in any calendar year. 3. If title to any lot or unit shall become vested in any person under the age of fifty-five (55) by reason of descent, distribution, foreclosure or operation of law, the age restriction covenants shall not work a forfeiture or revision of title, but rather, such person thus taking title shall not be permitted to reside in File #4074/EAW 2 Greenway Engineering December 28, 200E Cedar Meadows Rezoning March 9, 2006 such lot or unit until he/she shall have attained the age of fifty-five (55) or otherwise satisfies the requirements as set forth herein. Notwithstanding, a surviving spouse shall be allowed to continue to occupy a dwelling unit without regard to age. D. Recreational Amenities 1. The Applicant hereby proffers to construct a Community Center Facility for the Cedar Meadows age -restricted community pursuant to § 165-64, which shall be a minimum of 2,000 square -feet and will be located within the park area along the pond, which shall count towards the required recreational amenity requirement. 2. The Applicant hereby proffers to construct a complete system of pedestrian sidewalks and trails that provide access from all residential dwellings to the Community Center Facility and park area, of which the trails shall count towards the required recreational amenity requirement. The Applicant shall provide an easement adjoining the internal trail system along the Sherando Regional Park property to allow for a future trail connection that will allow residents of the Cedar Meadows age -restricted community access to the regional park. 3. The Applicant hereby proffers to provide an easement upon a portion of the Cedar Meadows Property sufficient to accommodate an entrance off of White Oak Road (Route 636), transitioning to a 30-foot easement for the construction of a private access lane for the exclusive use of the Frederick County Parks and Recreation Department for maintenance access only. The Applicant further proffers to apply for the required VDOT entrance permit for the maintenance access drive at the time that the main VDOT entrance permit is applied for and to construct the maintenance entrance and access drive from White Oak Road (Route 636) to the western limits of the subject property following approval of the VDOT entrance permit. This maintenance access easement shall be incorporated as a component of the subdivision and open space plats for the Cedar Meadows age -restricted community. The maintenance access drive shall not be utilized as a public access drive for the Sherando Regional Park. E. Transportation Enhancements 1. The Applicant hereby proffers to develop the Cedar Meadows age -restricted community with a complete system of private streets and as a gated community. 2. The Applicant hereby proffers to limit the number of entrances along White Oak Road (Route 636) to one main entrance in addition to the Sherando Regional Park maintenance access entrance described in Section D(3) above. The main entrance File #4074/EAW 3 0 0 Greenway Engineering December 28, 2005 Cedar Meadows Rezoning March 9, 2006 shall be gated and the ingress and egress lanes into the community shall be designed and sized to allow for emergency access on either lane and for a vehicle turn around area between the public street and the gated main entrance. 3. The Applicant hereby proffers to dedicate a 20-foot strip along the existing 40- foot White Oak Road right-of-way frontage on the subject site for the purpose of future road widening. The Applicant shall be responsible for the construction of a right turn and taper lane to provide safe access to the Cedar Meadows age - restricted community. 4. The Applicant hereby proffers to enter into a signalization agreement with the Virginia Department of Transportation (VDOT) that will fully fund the installation of traffic signalization at the White Oak Road (Route 636)/Tacker Road (Route 642) intersection. These funds shall be made available to Frederick County for use as a local match for Revenue Sharing Funds or other applicable transportation enhancement funds. In the event that VDOT determines that traffic signalization is not warranted at the White Oak Road (Route 636)/Tasker Road (Route 642) intersection, these funds will be made available to Frederick County unconditionally for other transportation improvements as determined by the Board of Supervisors. 5. The Applicant hereby proffers to provide for advanced warning signs along White Oak Road (Route 636) to the south of the subject site to advise motorists of the Parks and Recreation private maintenance access drive if desired by VDOT. Additionally, the Applicant proffers to gate the private maintenance access drive during the construction process as described in Section D(3) of the proffer statement. F. Community Curbside Trash Collection The Applicant hereby proffers to provide commercial trash pickup and waste removal service for the Cedar Meadows age -restricted community. The commercial trash pickup and waste removal service shall be established by deed covenant and shall be assigned to the Cedar Meadows Home Owners Association (HOA) at such time as identified in the legal documents setting forth the guidelines for the Cedar Meadows HOA. The commercial trash pickup and waste removal service shall remain in effect and be the responsibility of the Cedar Meadows HOA until such time as this service is provided by Frederick County. File #4074/EAW 4 Grewway D=mbrr 7S, WOS c«L•a Mesdows fawning Much 9, 2006 46 - G. Monetary Contribution OEM ie OCL of Deve-100 ate The undersigned contract owner of the above.-describcd properly 1►embY voluntat* proffers that in the event rezoning application # is approved, the undersigned will pay to the Treasurer of Frederick County, Virginia $1,500 for each residential lot that is platted, to be utilized for Fire and Rescue Services_ This monetary contribution will be paid at the time of the building permit issuance for each residential lot. H. Si - urn The conditions proffered above shall be binding upon the Applicant and its Resigns and $uc,ce sons in interest. In the event the Frederick County Board of Supervisors glrant$ this rezoning and accepts the proffered conditions, the proffered conditions shall apply to the - land rezoned in addition to other requirements set forth in the Frederick County Ordinance. R.especMAIy Submitted; By: lly evcfley B. Shoemaker, President ]asbo, Inc. & Sparks Property, L.L.C. Commonwealth of 'Virginia, City/County of >�rf - I To Wit: rd The foregoing instrument was aclmowledged before me this ,�day of �G-�- 20-�L by LkVer Notiuy Public 0(,•� � My Commission Expires Proffer Statement & Generalized Development Plan Cedar Meadows Rezoning Application File #4074/EAW 0 46 HALL, MONAHAN, ENGLE, MAHAN & MITCHELL A PARTNERSHIP OF PROFESSIONAL CORPORATIONS ATTORNEYS AT LAW WILBUR C. HALL (1892-1972) THOMAS V. MONAHAN (1924-1999) 7 6 307 EAST MARKET STREET 9 EAST BOSCAWEN STREET SAMUEL D. ENGLE LEESBURG, VIRGINIA WINCHESTER, VIRGINIA 0. LELAND MAHAN TELEPHONE 703-777-1050 TELEPHONE 540-662-3200 ROBERT T. MITCHELL, JR. FAX 540-682-4304 JAMES A. KLENKAR E-MAIL lawyers@hallmonahan.com STEVEN F. JACKSON DENNIS J. MCLoUGHLIN. JR. March 27, 2006 HAND DELIVERED Michael T. Ruddy, AICP Deputy Director Frederick County Department of Planning & Development 107 North Kent Street Winchester, VA 22601 Re: Cedar Meadows Age -Restricted Community (Jasbo, Inc. & Sparks Property, L.L.C.) Proposed Proffer Statement Dear Mike: PLEASE REPLY TO'. P. 0. Box 848 WINCHESTER. VIRGINIA 22604-0848 I have reviewed the above -referenced Proposed Proffer Statement. It is my opinion that the Proposed Proffer Statement is generally in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, subject to the following comments: 1. I assume that the second paragraph under "Preliminary Matters" is meant to constitute a legal description of the properties involved in the rezoning. However, on its face it would appear to be inconsistent with the identification of the record owners as Jasbo, Inc. & Sparks Property, L.L.C., as the description in the second paragraph seems to reference all of the land being owned by Jasbo, Inc. 0 • HALL, MONAHAN, ENGLE, MAHAN & MITCHELL Michael T. Ruddy March 27, 2006 Page 2 2. My primary continent with respect to this Proposed Proffer Statement is that while it states in Section A that the property will be developed in substantial conformity with the attached Generalized Development Plan, the second sentence, in describing what the Generalized Development Plan shall identify, suggests that the GDP is not currently available. Since I was ,not provided with a copy of the GDP, I cannot tell from these Proffers whether the GDP has been submitted. It certainly needs to be submitted as a part of these Proffers. If it has been, then the various Proffers addressing items which are shown on the GDP should specifically reference the GDP. For example, paragraph D 1 could identify the location of the conununity center as the location shown on the GDP, rather than stating that the community center "will be located within the park area along the pond." 3. The last sentence in paragraph D3 states "The maintenance access drive shall not be utilized as a public access drive for the Sherando Regional Park." This seems to present a question about how that Proffer will be enforced. Does the GDP suggest a design for the access drive to deter utilization as a public access to the park? Is the Applicant to take other measures, such as gates or signs, to implement this provision? 4. Throughout the Proffer Statement, there needs to be included the time by which a specific item will be performed, including, without limitation, construction of the trails (D2) conveyance of the easement (D2), construction of the maintenance entrance and access drive (D3), dedication for future road widening (D3), and construction of right turn and taper lane (D3). It should be noted that I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for the rezoning of this specific property, or whether other proffers would be appropriate, as it is my understanding that that review will be done by the staff and the Planning Commission. HALL, MONAHAN, ENGLE, MAHAN & MITCHELL Michael T. Ruddy March 27, 2006 Page 3 If there are any questions concerning the foregoing continents, please contact me. Robert T. Mi RTM/msp-ks Cedar Meadows Rezoning Page 1 of 1 Evan Wyatt From: Ingram, Lloyd[Lloyd.ingram@VDOT.Virginia.gov] Sent: Thursday, March 09, 2006 2:13 PM To: Evan Wyatt Cc: Ingram, Lloyd; 'Eric Lawrence' Subject: Cedar Meadows Rezoning The documentation within the application to rezone this property appears to have a measurable impact on Routes 636, 642 and 277. These routes are the VDOT roadways which has been considered as the access to the property referenced. VDOT_ is satisfied that the transportation proffers offered in the Cedar Meadows Rezoning Application dated July 1, 2005 addresses transportation concerns associated with this request. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Trip Generation Manual,_Se_venth Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization, and off -site roadway improvements and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Thank you for allowing us the opportunity to comment. Lloyd A. Ingram «... OLE_Obj... >> Transportation Engineer VDOT — Edinburg Residency Land Development 14031 Old Valley Pike Edinburg, VA 22824 (540) 984-5611 (540) 984-5607 (fax) 3/9/2006 Rezoning Comments • Frederick County Fire Marshal Mail to: Frederick County Fire Marshall Attn: County Planner 107 North Kent Street Winchester, Virginia, 22601 (540) 665-6350 KED .1AN1,62ft Hand deliver to: Frederick County Fire & Rescue Dept. Attn: Fire Marshal County Administration Bldg., ls` Floor 107 North Kent Street Winchester, Virginia "A Icantt Please fill out the information �as accurately as possible in order to assist the . E { Frederick County Fire=lvlatslall with theirxeview Attach'a copy of you r,apphcationform, ` location map, profferi°statement; impact analysis,:an any, other pertinent,informat�on Applicant's Name: Greenway Engineering Telephone: 540-662-4185 Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Location of property: The 29.70±-acre subject site is located on the west side of White Oak Road (Route 636) approximately 0.6 miles south of the intersection of White Oak Road and Tasker Road (Route 642). Current zoning: RA District Zoning requested: RP District Acreage: 29.70± Fire Marshal's C om� Fire Marshal's Signature & Date: Li�t, Notice to Fire MarsgZplease Return This Form to the Applicant • • Frederick County Fire and Rescue Department Office of the Fire Marshal Plan Review and Comments Control number Date received Date reviewed RZ06-0001 1/26/2006 1/27/2006 Project Name Applicant Cedar Meadows Age Restricted Community Greenway Engineering Address City State Zip 151 Windy Hill Ln. Winchester VA 22602 Type Application Tax ID Number Fire District Rezoning 75-A-106 11 Current Zoning RA Recommendations Automatic Sprinkler System Yes Other recommendation Automatic Fire Alarm System Yes Requirements Emergency Vehicle Access Hydrant Location Not Identified Not Identified Siamese Location Roadway/Aisleway Width Not Identified Not Identified Emergency Vehicle Access Comments Access shall meet ti;e minilnUni mquirrnents of NFPA 1 141 Access Comments Date Revised Applicant Phone 540-662-4185 Rescue District 11 Election District Shawnee Residential Sprinkler System No Fire Lane Required Yes Special Hazards No Additional Comments Extension of municiple water for firefighting shall meet the requirments of Frederick Co. code section 90-4 'gym„ Plan Approval Recommended Reviewed By Signature Yes J. Bauserman w Title ��j 0 • COUNTY of FREDERICK Department of Public Works 540/665-5643 March 8, 2006 FAX: 540/678-0682 Mr. Evan Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Cedar Meadows Age -Restricted Community Rezoning Frederick County, Virginia Dear Evan: We have completed our review of the rezoning application for the Cedar Meadows Age -Restricted Community and offer the following comments: Refer to Page 4. Wetlands: a. The discussion indicates that the existing pond will be incorporated as a central feature in the proposed development. Future designs of this feature should include a detailed evaluation of the existing earth dam to insure its stability during 100- year storm flows. b. Additional wetland studies might be required downstream of the existing pond to delineate potential wetland areas. These studies should be submitted with the master development plan. 2. Refer to Page 8. Site drainage: We concur with the proposed stormwater management controls. However, we reconunend that agreements be established with the parks department to allow point source discharges and possible regrading of stormwater channels to facilitate site grading. I can be reached at 722-8214 if you should have any questions regarding the above comments. Sincerely. �6c�_t� E - A)Qza� Harvey E. S®r\vsnvder, Jr., P.E. Director of Public Works HES/rls cc: Planning and Development (':\Program Files\wordPerfect Office 11\Rlimid:%\7'1:N11'('O\INIENTS\('EDAR�NIEADONySAGERESTREZ('OM.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 w • Rezoning Comments w.,. ' Frederick County Sanitation Authority Mail to: Frederick County Sanitation Authority Attn: Engineer P.O. Box 1877 Winchester, Virginia, 22601 (540) 665-1061 Hand deliver to: Frederick County Sanitation Authority Attn: Engineer 315 Tasker Road Stephens City, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Sanitation Authority with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Greenway Engineering Telephone: 540-662-4185 Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Location of property: The 29.70±-acre subject site is located on the west side of White Oak Road (Route 636) approximately 0.6 miles south of the intersection of White Oak Road and Tasker Road (Route 642). Current zoning: RA District Zoning requested: RP District Acreage: 29.70± Sanitation Authority Comments: W,¢ %ic- L IIV& G iY,E,c�D ?'D T�oIV 7h�Ac 5 l7,6' 70W,440 " 8 2 `77, Sanatation Authority Signature 6 Notice to Sanitation A — Please Return This Form to the Applicant JAN 3 1 7006 '7®7� • Rezoning Comments Y r�� Frederick —Winchester Service Authority Mail to: Fred-Winc Service Authority Attn: Jesse W. Moffett, Executive Director P.O. Box 43 Winchester, Virginia 22604 (540) 722-3579 Hand deliver to: Fred-Winc Service Authority Attn: Jesse W. Moffett 107 North Kent Street Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Frederick -Winchester Service Authority with their review. Attach a copy of your application form, location map, proffer statement, and any other pertinent information. Applicant's Name: Greenway Engineering Telephone: 540-662-4185 Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Location of property: The 29 70±-acre subject site is located on the west side of White Oak Road (Route 636) approximately 0 6 miles south of the intersection of White Oak Road and Tasker Road (Route 642). Current zoning: RA District Zoning requested: RP District Acreage: 29.70± Fred-Winc Service Authority's Comments: Fred- Winc Service Authority's Signature & Date: Notice to Fred-Winc Service Authority — Please Return This Form to the Applicant Rezoning Comments q Winchester Regional Airport Mail to: Winchester Regional Airport Attn: Executive Director 491 Airport Road Winchester, Virginia 22602 (540) 662-2422 Hand deliver to: Winchester Regional Airport Attn: Executive Director 491 Airport Road (Rt. 645, off of Rt. 522 South) Winchester, Virginia Applicant:. Please fill. out the. information as accurately: as -possible in order to, assist the Winchester Reg onaI Airport witli'their revzew Attach a copy of your:apphcation form, location map, proffer statement; impact analysis and any, other pertinent;information Applicant's Name: Greenway Engineering Telephone: 540-662-4185 Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Location of property: The 29.70±-acre subject site is located on the west side of White Oak Road (Route 636), approximately 0.6 miles south of the intersection of White Oak Road and Tasker Road (Route 642). Current zoning: RA District Zoning requested: RP District Acreage: 29.70± Winchester Regional Airport's Comments: j Winchester Regional Airport's Signature & Date: Notice to Winchester Regional Airport — Please Return This Form to the Applicant y� WINCHESTER REGIONAL AIRPORT � 491 AIRPORT ROAD SIMM THE TOP OE VIRGMIA WINCHESTER, VIRGINIA 22602 4�HOR�� (540) 662-2422 February 6, 2006 Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 Re: Rezoning Comment Cedar Meadows Opequon Magisterial District Dear Mr. Wyatt: The above referenced Master Plan has been reviewed and it appears that it should not have an impact on operations at the Winchester Regional Airport as the proposed site falls outside of the airport's Part 77 surface. However the site does lie within the airport's airspace and residents could experience fly -over noise from aircraft within that area. Thank you for your cooperation and consideration in the continuing safe operations of the Winchester Regional Airport. Sincerely, FE-P I ?006 Serena R. Manuel Executive Director Rezoning Comments Frederick County Department of Parks & Recreation Mail to: Frederick County Department of Parks & Recreation 107 North Kent Street Winchester, Virginia, 22601 (540) 665-5678 Hand deliver to: Frederick County Department of Parks & Recreation County Administration Bldg., 2nd Floor 107 North Kent Street Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Department of Parks & Recreation with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Greenway Engineering Telephone: 540-662-4185 Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Location of property: The 29.70±-acre subject site is located on the west side of White Oak Road (Route 636), approximately 0.6 miles south of the intersection of White Oak Road and Tasker Road (Route 642). Current zoning: RA District Zoning requested: RP District Acreage: 29.70± Department of Parks & Recreation Comments: Pks. & Rec. Signature & Date: Notice to Department of Park J reation — Please Return This Form to the Applicant /-{07� 0 0 Cedar Meadows Rezoning Comments • The proposed monetary proffer does not appear to offer Frederick County the funds to offset the impact the residents of this development will have on the services provided by the Parks and Recreation Department. • The maintenance access easement, for use by the Parks and Recreation Department, should not be included as usable open space for this development. • Plan does not appear to indicate the minimum lot size for this development. • Because the soils in this area have an extremely slow percolation rate, staff recommends the pedestrian trail, identified on the plan as a nature trail, be hard surfaced and a minimum of six feet in width. This will ensure a safe and usable path for the population being served. • �\ SWdents M o� F c P F j Administrative Assistant to the Superintendent Mr. Evan Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 Dear Mr. Wyatt: Frederick County Public Schools Visit us at www.frederick.02.va.us February 2, 2006 RE: Cedar Meadows Age -Restricted Community Rezoning Proposal e-mail: kapocsis@frederick.k12.va.us This letter is in response to your request for comments regarding the rezoning application for the proposed Cedar Meadows Age -Restricted Community project. Based on the information provided, it is anticipated that the proposed 140 single-family homes will have no impact on the school division upon built -out due to the units being age restricted. Respectfully yours, Stephen M. za(p:o�csi Administrative Assistant to the Superintendent SMK:dkr cc: William C. Dean, Ph.D., Superintendent of Schools Al Orndorff, Assistant Superintendent for Administration Charles Puglisi, Director of Transportation r EB 0 7 2006 qa-? � 540-662-3889 Ext 112 1415 Amherst Street, Post Office Box 3508, Winchester, VA 22604-2546 FAX 540-662-3890 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 March 17, 2006 Mr. Evan Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 RE: Request for Historic Resources Advisory Board (HRAB) Comments Cedar Meadows Rezoning; PIN# 75-A-106, 107, 114, 115, 116 & 86-A-153 Dear Mr. Wyatt: Upon review of the proposed rezoning, it appears that the proposal does not significantly impact historic resources and it is not necessary to schedule a formal review of the rezoning application by the HRAB. According to the Rural Landmarks Survey, there are no significant historic structures located on the properties nor are there any possible historic districts in the vicinity. It was also noted that the National Park Service Study of Civil War Sites in the Shenandoah Valley does not identify any core battlefields that this proposed rezoning would directly impact. Thank you for the chance to comment on this application. Please call if you have any questions or concerns. Since)rely, Candice E. Perkins Planner II - CEP/dlw qQ 7`f 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 0 C� Review Agency Comments Cedar Meadows Rezoning Application File #4074/CAW 0 a Greenway Engineering December 28, 2005 Cedar Meadows Rezoning March 9, 2006 CEDAR MEADOWS REZONING INTRODUCTION This report has been prepared for the purpose of assessing the impact on Fredrick County by the proffered rezoning of a 29.70±-acre age -restricted community identified as Cedar Meadows owned by Jasbo, Inc., and Sparks Property, L.L.C. The subject site is comprised of six contiguous parcels, including Tax Map Parcels 75-((A))-106, 75-((A))-107; 75-((A))-114; 75-((A))-115; 75-((A))-116; and 86-((A))-153. The subject site is located on the west side of White Oak Road (Route 636), approximately 0.6 miles south of the intersection of White Oak Road and Tasker Road (Route 642). The Applicant proposes to conditionally rezone the 29.70±-acre subject site from RA, Rural Areas District to RP, Residential Performance District. The six contiguous parcels comprising the 29.70±-acre subject site are further identified by plat and survey dated June 7, 2004, prepared by Mark D. Smith, L.S., of Greenway Engineering, entitled "Boundary Survey of the Land of Chloe Juanita Sparks, recorded as Instrument Number 040022470, additionally by Deed, recorded as Instrument Number 050007167 and Instrument Number 050029421. Basic information Location: Located on the west side of White Oak Road (Route 636), approximately 0.6 miles south of the intersection of White Oak Road and Tasker Road (Route 642). Magisterial District: Opequon Property ID Numbers: Tax Map Parcels 75-((A))-106; 75-((A))-107; 75-((A))-114; 75-((A))-115; 75-((A))-116 & 86-((A))-153 Current Zoning: RA, Rural Areas District Current Use: Residential and Agricultural Proposed Use: Residential Age -Restricted Community Proposed Zoning: RP, Residential Performance District Total rezoning area: 29.70±-acres Proposed build -out 140 Single-family small lot detached residential units File #4074/EA W 2 Greenway Engineering December 28, 2005 Cedar Meadows Rezoning March 9, 2006 COMPREHENSIVE POLICY PLAN The Eastern Frederick County Long Range Land Use Plan dated January 2004 identifies the land area on the west side of White Oak Road (Route 636) between Tasker Road (Route 642) and the Sherando Regional Park property as residential land use. The 29.70± subject site is located within the current boundaries of the Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA); therefore, expansion of the UDA and the SWSA beyond the existing boundaries is not required by this application. The location of the subject site in relation to the UDA and SWSA boundaries is provided on the map exhibit entitled Urban Development Area/Sewer and Water Service Area Map Exhibit that is included as a component of this rezoning application. COMMUNITY LANDSCAPE CONCEPT The Applicant plans to develop the Cedar Meadows age -restricted community under the landscape provisions specified in § 165-36A(2)(b) and § 165-36B of the Frederick County Zoning Ordinance. These sections of the Zoning Ordinance specify the plant selection, planting procedures and maintenance responsibilities for the Cedar Meadows age -restricted community. The Applicant has discussed this community landscape concept with and will work closely with staff to distribute the required plantings throughout the community to include landscaping on each residential lot, landscaping along the community main street and landscaping within the open space areas and the community park area. To accomplish this, the Applicant has prepared community landscape concepts that have been provided to staff for review. The residential lot landscaping is proposed to be in substantial conformity with the Cedar Meadows Residential Lot Typical Landscape Plan prepared by J. Duggan & Associates P.C. dated December 28, 2005. Additionally, landscaping along the community main street and park area is proposed to be in substantial conformity with the Cedar Meadows Community Center and Park Schematic Landscape Development Plan and the Cedar Meadows Main Street Schematic Landscape Development Plan prepared by J. Duggan & Associates P.C. dated December 28, 2005. The distribution of the trees and shrubs that will be planted along the community main street and within the park area will not be counted towards the buffer and screening landscaping requirements for the Cedar Meadows age -restricted community. A. SUITABILITY OF THE SITE Access The 29.70± subject site is accessible along White Oak Road with approximately 1,500 feet of state road frontage. The Cedar Meadows age -restricted community proffer limits the number of entrances along White Oak Road to one main entrance that will be gated to provide for the File #4074/EAW 3 Greenway Engineering December 28, 2005 Cedar Meadows Rezoning March 9, 2006 privacy and security of the residents. The main entrance will be located in close proximity to the current location of Pewter Lane to ensure that appropriate sight distance is maintained for vehicles traveling north and south along White Oak Road. The Applicant has worked with the Frederick County Parks and Recreation Department to identify a location along the southern boundary line of the subject site for the purpose of providing a future private maintenance access drive for the exclusive use of the Parks and Recreation maintenance staff. The location of this private maintenance access drive is identified on the proffered Generalized Development Plan dated 12/28/05 for the Cedar Meadows age -restricted community. Flood Plains The 29.70±-acre subject site is located on FEMA NFIP Map #510063-0200-B. The entire site is designated as a "Zone C" outside of the 100-year flood plain limits. The closest flood plain area is associated with Wright's Run and is located approximately 500 feet to the south of the subject site. The location of the subject site in relation to the Wright's Run flood plain area is provided on the map exhibit entitled Environmental Features Map Exhibit that is included as a component of this rezoning application. Wetlands The National Wetlands Inventory (NWI) data identifies an area of wetlands on the western- most portion of the subject site. This wetland area is a man-made impoundment pond that is approximately 0.85-acres in size. The design for the Cedar Meadows age -restricted community will utilize the existing pond as an enhancement for the community park area. Enhancements will include incorporating the pond as a feature for the community center facility, developing a pedestrian trail system around the pond and introducing plantings within the park area around the pond. The location of the NWI wetlands feature is provided on the map exhibit entitled Environmental Features Map Exhibit that is included as a component of this rezoning application. Additionally, the location of the community park and pond area is depicted on the proffered Generalized Development Plan dated 12/28/05 for the Cedar Meadows age -restricted community. Steep Slope The 29.70±-acre subject site does not contain areas of steep slope as defined by the Frederick County Zoning Ordinance. The steeper areas of the subject site are generally located in the southern and southwestern portions of the property associated with existing drainage swales. The areas in which the existing drainage swales are located are approximately 15% to 25% slope. File #4074/EAW 4 Greenway Engineering Soil Types December 28, 2005 March 9, 2006 Cedar Meadows Rezoning The Soil Survey of Frederick County, Virginia identifies four soil types on the 29.70±-acre subject site. These soil types are identified on the map exhibit entitled Soils Map Exhibit and are identified as follows: 1B Berks channery silt loam 2-7% slope 3B Blairton silt loam 2-7% slope 9B Clearbrook channery silt loam 2-7% slope 41C Weikert-Berks channery silt loams 7-15% slope 41E Weikert-Berks channery silt loams 25-65% slope Table 5 on page 123 of The Soil Survey of Frederick County, Virginia, identifies soils that are classified as prime farmland. The Clearbrook channery silt loam (913) is identified as prime farmland soil. The soil types that comprise the subject site are the same soils types that are located on adjacent residential developments including The Camp, Musket Ridge and Old Dominion Greens; therefore, these soils will not create construction difficulties or hazards. B. SURROUNDING PROPERTIES Adjoining propertyzning and present use: North: RA, Rural Area District South: RA, Rural Area District East: RA, Rural Area District West: RP, Residential Performance District C. TRANSPORTATION Use: Residential Use: Sherando Regional Park; Residential Use: Residential and Agricultural Use: Sherando Regional Park; Residential The Cedar Meadows age -restricted community proffer limits the number of entrances along White Oak Road to one main entrance that will be gated to provide for the privacy and security of the residents. The main entrance will be located in close proximity to the current location of Pewter Lane to ensure that appropriate sight distance is maintained for vehicles traveling north and south along White Oak Road. The proposed main entrance will be designed to separate ingress and egress lanes into the Cedar Meadows age -restricted community to provide two means of access for emergency service vehicles, as well as a turn around area for vehicles that do not have access to the age -restricted community. File #4074/EAW 5 Greenway Engineering December 28, 2005 Cedar Meadows Rezoning March 9, 2006 A detailed Traffic Impact Analysis (TIA) has been prepared for the Cedar Meadows age - restricted community by Patton Harris Rust & Associates, pe dated May 25, 2005. The TIA accounts for the build -out of 140 age -restricted dwelling units within the Cedar Meadows community and provides detailed traffic count and traffic movement for AM and PM conditions, as well as lane geometry for existing traffic conditions, background traffic conditions and build -out traffic conditions. Traffic generated by the Cedar Meadows age - restricted community will access White Oak Road (Route 636), with 70% of the traffic movement assumed to travel north on White Oak Road to access Tasker Road (Route 642) and Front Royal Pike (Route 522 South), while the remaining 30% of the traffic movement is assumed to travel south on White Oak Road to access Fairfax Pike (Route 277). A Virginia Department of Transportation project is in process, which will provide for traffic signalization at the intersection of White Oak Road and Fairfax Pike. It is anticipated that this signalized intersection will be functional in January 2006. The Institute of Traffic Engineer Trip Generation Manual, 7°i Edition (page 453) identifies single-family detached adult housing as generating an average of 3.71 vehicle trips per day (VPD). The TIA utilizes a more conservative estimate of 5.15 VPD for the 140 age - restricted dwelling units within the Cedar Meadows community. Therefore, the proffered 140 age -restricted dwelling units would produce an average daily traffic volume ranging between 520 and 721 vehicle trips. Furthermore, the TIA assumes that these vehicle trips will be generated during the AM and PM although it is realistic to expect that the majority of the vehicle trips will be generated outside of peak hour. The TIA demonstrates that the existing lane geometry for the unsignalized White Oak Road/Tasker Road intersection functions at an acceptable Level of Service (LOS) for all traffic movements during the AM and PM peak hour. The addition of background traffic and the 5% projected annual growth rate on White Oak Road Tasker Road reduces the AM peak hour movement on the White Oak Road northbound approach to a LOS D, although the overall unsignalized intersection still functions at an acceptable LOS. The TIA demonstrates that the build -out of the Cedar Meadows age -restricted community further decreases the LOS at the unsignalized intersection on the White Oak Road southbound approach to a LOS D during AM peak hour movement, while all other movements maintain acceptable LOS or are not further reduced from background traffic LOS. The TIA provides for an analysis of the White Oak Road/Tasker Road intersection based on a signalized condition for both background traffic impacts and build -out condition impacts. The TIA identifies traffic signalization as a suggested improvement at this intersection, which demonstrates an acceptable LOS for all traffic movements during the AM and PM peak hours. The applicant has proffered to enter into a signalization agreement with VDOT to fully fund a traffic signal at this intersection. Therefore, the development of the Cedar Meadows age -restricted community will mitigate the projected transportation impacts associated with background traffic, as well as the build -out of the Cedar Meadows age - restricted community. File #4074/EAW 6 LI Greenway Engineering December 28, 2005 Cedar Meadows Rezoning March 9, 2006 D. SEWAGE CONVEYANCE AND TREATMENT The 29.70±-acre subject site is located in the Sewer and Water Service Area (SWSA). There are existing 8" sanitary sewer lines that are located within The Camp Subdivision to the north of the subject site and new 8" sanitary sewer lines that are being installed immediately adjacent to the subject site that will serve the Old Dominion Green Subdivision. The Cedar Meadows age -restricted community will provide a 4" sewer force main that will connect to this infrastructure, which flows to a 12" sanitary sewer main along Tasker Road and Front Royal Pike to the Parkins Mill Wastewater Treatment Plant. The Parkins Mill Wastewater Treatment Plant has a current hydraulic capacity of 2.0 MGD, and is currently operating at approximately 80% capacity. The Frederick County Sanitation Authority Board has approved a plan to expand the capacity of the Parkins Mill Wastewater Treatment Facility to 5 million gallons per day (MGD). The 5 MGD expansion of the Parkins Mill Wastewater Treatment Facility is projected to begin near the end of calendar year 2006 and is anticipated to be complete in calendar year 2009. The sewer conveyance and treatment impacts associated with the development of 140 age - restricted dwelling units can be based on comparable discharge patterns of 225 gallons per day (GPD) per dwelling for residential land use. The figures below represent the projected impacts that the Cedar Meadows age -restricted community will create for sewage conveyance and treatment at full build out: Q = 225 GPD per dwelling unit Q = 225 GPD X 140 dwelling units Q = 31,500 GPD The proposed zoning is projected to increase flows to the Parkins Mill Wastewater Treatment Plant by 31,500 gallons per day at total build -out. The Cedar Meadows project is anticipated to be built -out by calendar year 2008, which can be accommodated by the current capacity that is available at the Parkins Mill Wastewater Treatment Plant during the 5 MGD expansion. The total build -out of the Cedar Meadows age -restricted community will require less than one percent of the expanded capacity at the Parkins Mill Waste Water Treatment Plant; therefore, adequate capacity and infrastructure will be available for the development of the Cedar Meadows age -restricted community during the initial phases of construction and at build -out. E. WATER SUPPLY The 29.70±-acre subject site is located in the Sewer and Water Service Area (SWSA). A 12- inch water main serving The Camp residential subdivision to the north of the subject site has been extended through the first phase of the Old Dominion Greens residential subdivision and stubbed to the subject site for water service. The water conveyance and treatment impacts associated with the development of 140 age - restricted dwelling units can be based on usage of 275 gallons per day (GPD) per single - File #4074/EAW 7 Greenway Engineering December 28, 2005 Cedar Meadows Rezoning March 9, 2006 family detached unit. The figures below represent the projected impacts that the Cedar Meadows age -restricted community will create for water conveyance and treatment at full build out: Q = 275 GPD per dwelling unit Q = 275 GPD X 140 dwelling units Q = 38,500 GPD The projected water usage for the Cedar Meadows age -restricted community is 38,500 gallons per day at total build -out. Water service will be provided by the Frederick County Sanitation Authority (FCSA) from the Stephens City quarry system that is treated at the James H. Diehl Water Filtration Plant. This treatment plant provides approximately 4.0 MGD of potable water; therefore, the projected water demands for the Cedar Meadows age - restricted community will require less than 1% of the current water source. The on -site water infrastructure required to convey potable water to the proposed residential dwelling units will be developed by the applicant to standards acceptable to the FCSA for future operation and maintenance Therefore, adequate capacity and infrastructure will be available for the development of the Cedar Meadows age -restricted community during the initial phases of construction and at build -out. F. SITE DRAINAGE The 29.70±-acre subject site is gently rolling and generally drains towards the southern property boundary, while a small area in the northern portion of the site drains towards White Oak Road (Route 636). The Cedar Meadows age -restricted community will be designed to provide for an on -site storm water management pond near the southern property boundary to control stormwater run-off and to channel stormwater to White Oak Road in the northern portion of the project. Stormwater management controls will be designed to meet all applicable State and County ordinance requirements and will require approval by the County Engineer. Therefore, the development of the 29.70±-acre subject site will not have an adverse impact on the community regarding stormwater management. G. SOLID WASTE DISPOSAL The impact on solid waste disposal facilities can be projected from an average annual residential consumption of 5.4 cubic yards per household (Civil Engineering Reference Manual, 01 edition). The following figures show the increase in average annual volume based on the 140 residential units that will be developed in the Cedar Meadows age -restricted community. AV = 5.4 cu. yd. per household AV = 5.4 cu. yd. X 140 households AV = 756 cu. yd. at build -out, or 530 tons/yr at build -out File #4074/EAW 8 Greenway Engineering December 28, 2005 Cedar Meadows Rezoning March 9, 2006 The Municipal Solid Waste area of the Regional Landfill has a current remaining capacity of 13,100,000 cubic yards of air space. The projected build -out of the Cedar Meadows age - restricted community subject site will generate on average 530 tons of solid waste annually. This represents a 0.2% increase in the annual solid waste received by the Municipal Solid Waste area of the Regional Landfill, which currently averages 200,000 tons per year. The Applicants' proffer statement provides for curbside trash pickup service in the Cedar Meadows age -restricted community; therefore transportation and increased volume impacts at the County citizen convenience centers will be mitigated and tipping fees will be generated that will create a continuous revenue source for the Regional Landfill to further mitigate the impacts of solid waste disposal by the Cedar Meadows age -restricted community. H. HISTORICAL SITES AND STRUCTURES There are no properties or structures that are identified as potentially eligible for the National and State Register of Historic Places within proximity of the Cedar Meadows age -restricted community. The Rural Landmarks Survey Report for Frederick County identifies the Sherman -Rogers -Sargent House (#34-1345) as a potentially significant property within proximity of the Cedar Meadows age -restricted community, which is located approximately 0.4 miles to the northeast. The Sherman -Rogers -Sargent House is not visible from the Cedar Meadows age -restricted community, nor will there be structures developed on the 29.70±- acre site that are of a height that will impact the viewshed from the Sargent property. Therefore the Cedar Meadows age -restricted community will not have a negative impact on the Sherman -Rogers -Sargent House. I. OTHER IMPACTS The Frederick County Board of Supervisors adopted the new Development Impact Model (DIM), which was implemented December 1, 2005. The DIM projects the capital facilities fiscal impact of a single-family residence at $23,290.00, of which $720.00 is projected for fire and rescue services. The Applicant's proffer statement provides for a $1,500.00 monetary proffer for each residential unit to mitigate impacts to fire and rescue services, which is more than double the fiscal impact projected by the DIM. Additionally, the Cedar Meadows age -restricted community is proffered to provide for a community park area that will contain a community center facility and trail system for the benefit of the residents. The Applicant has worked in cooperation with the Department of Parks and Recreation to execute agreements that will enhance the Sherando Regional Park property, including the removal of existing structures, connectivity for future maintenance vehicle access, and connectivity to the future park trial system. The Cedar Meadows development is proffered to be an age - restricted community; therefore, there will not be impacts to the public school system. No other impacts outside of those discussed in this Impact Analysis Statement are anticipated for this development proposal. File #4074/EAW 9 • • z W W Ent `D a V W o q > > Q o NCU dm N Parking - W A :E e m a daR CM 3 TI / UNJ awnJ / Deck Overlook I IINo. Date Revisions Bnd e II 1 Nature Trail \ \ w o Q � U ct3 \ r-aw- CIO E J E U Pond Perimeter PARK Plantings \ Project Title 0I4NAME NI AI I ANDSCAPF RFOUIREME NTS ORNAMENTAL LANDSCAPE CALCULATIONS LEGEND i.a,,... reD J"'W r...•n a, a kw• H P.o dee TREES Sr1ee1. FbweNg, Sleee Tree. Fbweeq TM. R Evepaen Tree •N•rree•ebeownebMabWminYr••rip NOTE: ALL PLANTINGS TO MEET SELECTION AND SIZE CRITERIA OF Drawing Title a•vuN.r an°Ev°`9f°°" FREDERICKCOUNTY LANDSCAPE ORDINANCE SECTION 165-368. e b«• r,« uwr rw•r• Ye rr••• awurr.a i. ✓.,°,. r+r ,.,. w"i roeo u..w• a•v,.N.a Tf . 154 r-, M pl r&V ALTHOUGH PLANT COUNT WILL REMAIN THE SAME, ACTUAL Project Manager tSe 0-0e SELECTION AND LOCATION OF PLANTS MAY VARY DUE TO pn, m , sn p SITE FEATURESICONTSTRAINTS. FINAL ENGINEERING. AND J Duggan RLA O PLANT AVAILABILITY. uM SHRUas. nx•mube. erwnxea�eron mnrmef, parbe. Drawn By Scale we« nr, tr rae Srwoo- 440 Tel Prw10•G v.r.. uo ProNbE TM NTS I,. Mr• I tell rr• w, ..o Nor: vr.nke °a Reviewed By Drawing No. iMl Pr„Nn«r Wetle•E en net pen of Proeer P°Ck Date 12/28/2005 CAD File Toren an•er• ORNAMENTAL LANDSCAPE REQUIREMENTS my ONeurre t85J8.y2N�1 .�olerns baw0 m d type H s.o.e.w rt [ ��` auo Tl�vuw H•a�.ea Tor nwrow +w� 'ar rve— ORNAMENTAL LANDSCAPE CALCULATIONS vA.,aea 'BEES Slude, Fbwreg. vtl Evergeeri an 119 r�9 rvwa.a SHRies smee- za' ura.pµ� O n a..+ernncer prewmm . srw a a oaa. pee NOTE ALL PLANTINGS TO MEET SELECTION AND SfZE CRITERIA OF FREDERICK COUNTY LANDSCAPE ORDINANCE SECTION 165-36B ALTHOUGH PLANT COUNT WILL REMAIN THE SAME, ACTUAL SELECTION AND LOCATION OF PLANTS MAY VARY DUF TO SITE FEATURESICONTSTRAINTS, FINAL IFNGINEF.RINO. AND PLANT AVAILABILITY. Zly- W W Z_ U d � W o Q 06 W 0) U W =' o a 33 T 03 a c $ er az 2 w rn No. I Date I Revisions 1 A Project Title Drawing Title Project Manager J Duggan RLA Drawn By Scale TM NTS Reviewed By Drawing No. JD Date 12/28/2005 CAD File 1 er Total !A«I• • ORNAMENTAL LANDSCAPE REQUIREMENTS Per Frederick County Ordinance 165-36A(2)(b) Using calculations based on lot type H Required 5 trees per 1 unit equals 680 Trees Required 15 shrubs per one unit 2040 Shrubs Required Provided Trees Lot Plan 408 Park Plan 154 Main Street Plan 139 701 Provided Shrubs Lot Plan 1360 Park Plan 440 Main Street Plan 247 2047 Provided INDIVIDUAL LOT ORNAMENTAL LANDSCAPE CALCULATIONS Provided TREES: Shade Trees- 2 Flowering Trees- 1 Evergreen Trees- 0 3 Provided SHRUBS: Shrubs- 10 10 Provided Note: Plants not identified are not part of Proffer Package NOTE: THIS PLAN IS FOR FOR ILLUSRATIVE PURPOSES ONLY ALL PLANTINGS TO MEET SELECTION AND SIZE CRITERIA OF FREDERICK COUNTY LANDSCAPE ORDINANCE SECTION 165-36B. ALTHOUGH PLANT COUNT WILL REMAIN THE SAME ON EACH LOT, ACTUAL SELECTION AND LOCATION OF PLANTS MAY VARY DUE TO HOUSE SELECTION, LOT FEATURES/CONSTRAINTS, AND AVAILABILITY. Z T- W Z_ Z avi W Q Q 06 Z o C 3 W - r, Cj) v a -3 H J No. 1 Date 1 Revisions 1 C) C: Cz p �a- Cz J Cz (v (.) 2 (� L J Cz cz 7 U U ~ Project Title Drawing Title Project Manager J Duggan RLA Drawn By Scale TM NTS Reviewed By Drawing No. JD 12/28/2005 CAD File 1 or 1 roar sn.— (10 0 Q c O c� 'c CZ c O U U a) i LL 06 (Z CZ 0 Ln 0 0 N U) O C O cCS Q. N 0 T C O U U U a Li U i 0 • Urban DeveloArnent Area/Sewer &Water Service Ada Map Exhibi* Cedar Meadows Age -Restricted Community Rezoning Sherando' Regional Park 11 �rrl�f 1�i Cedar Meadows Subject Site 29.70 +/- Acres 0 255 510 1,020 Legend ® Cedar Meadows Age Restricted Community Sewer Line Water Line T. Frederick County Sewer & Water Service Area Line Frederick County Prepared by: JTP l `'. 4AEENlv4+ FNuw E.E -,- Urban Development Area Line ' 12/28/05 i 0 i-LawnJ I* VISO 6aap o O_o_o:; ``wo•ea .oeoepovo:+"o."v `" oauoua:ey"o 9 p Op lee �� .O aa•e _ e�ev_ f )RNAMF N I Al I ANIISCAPE REQUIREMENTS ,� Ie�..InrylNnl Ihxq tw�W4av .pow«1 Ix•a IyPe n a.gW..l e h... P« I �rxl yuN. MO Tree. apWred ttievfd.d IrM ref Pmvle.rf • .. I,mu .,rYr, 440 far P.v.lnxe ORNAMENTAL LANDSCAPE CALCULATIONS ProNded TREES: Shade. Fia~rag, n rW Evergreen Troea- 154 154 Provided SHRUBS: Shrub. 440 uo Prevfeea Mob: Planle nq Wentlflad ero nol pen of Proffer Pack LEGEND 511Fde Tr•. Fb.arrq Tree, or B- Tree M n10de"Ilrnv Veen b Oe rrlvlbllYn W r cc n peneng An evergreen b Ib -a of 4' n harm at "-" O snrWa AX blurb b q mYYmum eton unlare�s d J 9 m Denim 1 e110,� �/off .�� • I1pip 9�� < �Cc 4 • s ec,r 0. �0►e•. � 0 b.. � � • Opp ca°oc `'.. C. O-,a• � �� . , x to • c.i" oo _ 11 \Community Center \ Dedc Overlook Nature Trail 1 / / i Perimeter NOTE: ALL PLANTINGS TO MEET SELECTION AND SIZE CRITERIA OF FREDERICK COUNTY LANDSCAPE ORDINANCE SECTION 165-36B. ALTHOUGH PLANT COUNT WILL REMAIN THE SAME, ACTUAL SELECTION AND LOCATION OF PLANTS MAY VARY DUE TO SITE FEATURESICONTSTRAINTS, FINAL ENGINEERING, AND PLANT AVAILABILITY. No. I Date I Revisions C r n (0 V / a Project Title Drawing Title Project Manager J Duggan RLA Drawn By Scale TM NTS Reviewed By Drawing No. JD Date 12/28/2005 CAD Flleof 1 rota/ Shalt, ORNAMENTAL LANDSCAPE REQUIREMENTS .gully Oralwriu IeilSnl]Ner ilni.um W.eE an W type H s.wrw Y.w p.r t ue prrY !!g Tn.s R.WIrM 4r•• Pw ro+ rre.le.e NU gwy v 0 • 0 0 ORNAMENTAL LANDSCAPE CALCULATIONS P-1 TWES SMe.. Fbx , rb Everpeee Trees- l9 1]9 TorWM SH-S S- 1<T x.r Pre.w.e eel.'. PnMs iwl b.diME v. ml wN al Prona. Prcbrg. OY cN.gr�Tvr^�q nr.n b w meeivni�m a ry b a mnm.m q. �n Mps e� OAu.irpb nen.nvn& 3 g mr�W�w-a NOTE ALL PLANTINGS TO MEET SELECTION AND SIZE CRITERIA OF FREDERICK COUNTY LANDSCAPE ORDINANCE SECTION 165-36B ALTHOUGH PLANT COUNT WILL REMAIN THE SAME. ACTUAL SELECTION AND LOCATION OF PLANTS MAY VARY DOE TO SITE FEATURESICONTSTRAINTS, FINAL ENGINEERING, AND PLANT AVAILABILITY. Z_ ry W W Z_ U d W o Q 06 w 4 $ co f�o WN"; o � �3 J C C 2 oa 2 No. I Date I Revisions Project Title Drawing Title Project Manager J Duggan RL.A Drawn By Scale TM NTS Reviewed By Drawing No. JD Date 12/28/2005 CAD File ' ree.I sA«l. • ORNAMENTAL LANDSCAPE REQUIREMENTS Per Frederick County Ordinance 165-36A(2)(b) Using calculations based on lot type H Required 5 trees per 1 unit equals 680 Trees Required 15 shrubs per one unit 2040 Shrubs Required Provided Trees Lot Plan 408 Park Plan 154 Main Street Plan 139 701 Provided Shrubs Lot Plan 1360 Park Plan 440 Main Street Plan 247 2047 Provided INDIVIDUAL LOT ORNAMENTAL LANDSCAPE CALCULATIONS Provided TREES Shade Trees- 2 Flowering Trees- 1 Evergreen Trees- 0 3 Provided SHRUBS: Shrubs- 10 10 Provided Note: Plants not identified are not part of Proffer Package NOTE: THIS PLAN IS FOR FOR ILLUSRATIVE PURPOSES ONLY ALL PLANTINGS TO MEET SELECTION AND SIZE CRITERIA OF FREDERICK COUNTY LANDSCAPE ORDINANCE SECTION 165-36B. ALTHOUGH PLANT COUNT WILL REMAIN THE SAME ON EACH LOT, ACTUAL SELECTION AND LOCATION OF PLANTS MAY VAR" DUE TO HOUSE SELECTION, LOT FEATURES/CONSTRAINTS, AND AVAILABILITY. 0 Z_ Ilr W W Z_ Z a avi W O � } Q U ms >Q Z e Q) cz 0 3=_ W m� �9 m Cm CZ N3� W v m 0 V 3 =3 r�cri J No. I Date I Revisions U) C 3: Cz p �a- CL Cz - (� CZ U -0 C15 L '�5 J Cz (1) Cz ^0 Ir ' Q W U Project Title Drawing Title Project Manager J Duggan RLA Drawn By Scale TM I NTS Reviewed By I Drawing No JD 12/28/2005 CAD File 1 or 1 rover Sneer: CZ 0 0 Q c 0 CZ C CZ U) C 0 U Y U .0 O a Q) L LL 06 M r-- CZ 0 L0 0 0 N V) U 0 C O (Lf Q U 0 c 0 U Y U Li a) U L 0 Urban Developffihent Area/Sewer &Water Service dTea Map Exhib Cedar Meadows Age -Restricted Community Rezoning 8„ 8 �a �o O� Sherando' Regional Cedar Meadows Park Subject Site / — 29.70 +/- Acres I\ 0 255 510 1,020 Fee r Legend ® Cedar Meadows Age Restricted Community Sewer Line Water Line .. Frederick County Sewer & Water Service Area Line 7 Fari fa Prepared by: JTP Ur Pike Frederick County %1 GREENWAY ENGINEERING Urban Development Area Line 12/28/05 -00-77- h#70#*1 "W" ra J IWO ON Flip ppioliq JWk ONE _ ►��;� � III �� •� Subject Site 29.70 Acre ,,. • �:��.—_I � a :: aaa aaa ,• Legend dar Restricted Community NWI..: ._... ....e ♦ ' /Secondary Roadways 0 GREENWAY ENGINEERING a 0 s Impact Analysis Statement & Exhibits Cedar Meadows Rezoning Application File #4074/EAW IMPACT STATEMENT CEDAR MEADOWS REZONING Opequon Magisterial District Frederick County, Virginia TM 75-((A))-106, TM 75-((A))-107, TM 75-((A))-114, TM 75-((A))-115, TM 75-((A))-1169 & TM 86-((A))-153 aggregate area of 29.70± Acres December 28, 2005 Revised March 9, 2006 Current Owners: JASBO, Inc. & Sparks Property, L.L.C. Beverley B. Shoemaker, President Contact Person: Evan Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 540-662-4185 File #4074/EAW A Traffic Impact Analysis of Cedar Meadows Located in: Frederick County, Virginia Prepared for: Jacob, Inc. PO Box 480 Stephens City, Virginia 22655 Prepared by: Patton Harris Rust & Associates, pc Engneers. Surveyors. Planners. Landscape Architects. 300 Foxcroft Avenue, Suite 200 Martinsburg, West Virginia 25401 -! T 304.264.2711 -PHt'- F 304.264.3671 May 25, 2005 OVERVIEW Report Summary Patton Harris Rust & Associates, pc (PHR+A) has prepared this document to present the traffic impacts associated with the proposed Cedar Meadows development located south of Tasker Road along the west side of White Oak Road in Frederick County, Virginia. The proposed project is comprised of 140 age -restricted detached residential units with access to be provided via a single site -driveway located along White Oak Road. The proposed development will be built -out over a single transportation phase by the year 2007. Figure I is provided to illustrate the location of the proposed Cedar Meadows development with respect to the surrounding roadway network. Methodology The traffic impacts accompanying the Cedar Meadows development were obtained through a sequence of activities as the narratives that follow document: • Assessment of background traffic including other planned projects in the area of impact, • Calculation of trip generation for the proposed Cedar Meadows development, • Distribution and assignment of the Cedar Meadows generated trips onto the completed roadway network, • Analysis of capacity and level of service using the latest version of the highway capacity software, HCS-2000, for existing and future conditions. EXISTING CONDITIONS PHR+A conducted AM and PM peak hour manual turning movement counts at the intersection of Tasker Road/White Oak Road in Frederick County, Virginia. ADT (Average Daily Traffic) was established along each of the study area roadway links using an average "k" factor (the ratio of PM peak hour traffic volumes to 24-hour traffic volumes) of nine percent (9%). Figure 2 shows the existing ADT and AM/PM peak hour traffic volumes at the intersection of Tasker Road/White Oak Road. Figure 3 shows the respective existing lane geometry and AM/PM peak hour levels of service. All traffic count data and HCS-2000 levels of service worksheets are included in the Appendix section of this report. � PHRn A Traffic Impact Analysis of Cedar Meadows Project Number: 13 502-1-0 May 25, 2005 Page 1 No Scale Ln 0 pmuirvs tAs 06 Armel Rd M3 SITE /2-7-7 Q, P- TQ+ It " Figure I Vicinity Map - Cedar Meadows in Frederick County, VA A Traffic Impact Analysis of Cedar Meadows Project Number: 13502-1-0 May 25, 2005 PHR+A Page 2 No Scale ,T,- A,or Road SITE S. ., ew -f- b b� 1132� 4 *oft* 6(3) (205) (113)261 (8)37 wm%/ AM Peak Hour(PM Peak Hour) Figure 2 Existing Traffic Conditions A Traffic Impact Analysis of Cedar Meadows PAHRProject Number: 13502-1-0 May 25, 2005 Page 3 No Scale Unsignalized k Intersection Taskex Road *(A)Akl %moo A (A) �o SITE AS" "'Its -f- Figure 3 PR+AH AM Peak Hour (PM Peak Hour) * Denotes Unsignalized Critical Movement Existing Lane Geometry and Levels of Service A Traffic Impact Analysis of Cedar Meadows Project Number: 13502-1-0 May 25, 2005 Page 4 2007 BACKGROUND CONDITIONS Existing traffic volumes were increased along Tasker Road and White Oak Road using a annual growth rate of five percent (5%) as determined in the report titled: A Phased Traffic Impact Anal sy is of the Villages at Artrip, by PHR+A, dated December 15, 2004. Additionally, PHR+A utilized this report to incorporate all trips relating to the following "other developments" located within the vicinity of the proposed Cedar Meadows site. Using the 71h Edition of the Institute of Transportation Engineers' (ITE) Trip Generation Report, PHR+A has provided Table I to summarize the 2007 "other developments" trip generation. Figure 4 shows the 2007 background ADT and AM/PM peak hour traffic volumes at the intersection of Tasker Road/White Oak Road. Figure 5 shows the respective 2007 background lane geometry and AM/PM peak hour levels of service. All HCS-2000 levels of service worksheets are included in the Appendix section of this report. Table 1 "Other Developments" Trin f;'Pnnrntinn Rnmmnry AM Peak Hour PM Peak Hour Code Land Use Amount In Out Total In Out Total ADT Background Development HI: Crosspointe Center (Phase 1) 210 Single -Family Detached 555 units 99 298 398 316 185 501 5,550 230 Townhouse/Condo 140 units 11 56 68 53 26 79 1,218 252 Elderly Housing - Attached 100 units 4 4 8 7 4 11 348 710 Office 95,000 SF 158 22 180 31 154 185 1,282 820 Retail 375,000 SF 211 135 346 719 779 1,498 16,035 Total Trips 484 515 999 1,126 1,148 2,274 24,433 Total Internal 74 74 147 304 304 608 6,478 Total Pass -by 26 26 52 112 112 225 2,405 Total "New Trips" 384 416 800 709 732 1,441 15,550 Background Development t/2: Wakeland Manor 210 Single -Family Detached 199 units 37 111 148 125 74 199 1,985 230 Townhouse/Condo 107 units 9 45 55 43 21 64 931 Total Tri s 46 157 203 168 94 262 2,916 A Traffic Impact Analysis of Cedar Meadows PHP ProjectNumber: 13502-1-0 May 25, 5 Page 5 No Scale N b pb� 4(3 TaskeT Road � I60 S) (99)140 *Oft*�(3� (235j (150)298 (9 )41 /* ft% -y g I SITE AM Peak Hour(PM Peak Hour) +A I Average Daily Trips Figure 4 2007 Background Traffic Conditions A Traffic Impact Analysis of Cedar Meadows PAProject Number: 13502-1-0 H May 25, 2005 Page 6 No Scale rr t,Pr Road SITE Unsignalized Intersection (A)A� q xo Signalized "Suggested Intersection Improvement" LOS=B(B) Signalization Tasker � Road B(B) Q) Denotes stop sign control IDenotes traffic signal control AM Peak Hour (PM Peak Hour) * Denotes Unsignalized Critical Movement Figure 5 2007 Background Lane Geometry and Levels of Service A Traffic Impact Analysis of Cedar Meadows PH" ProjectNumber: 13502-1-0 May 25, Pagege 7 7 TRIP GENERATION Using the 7th Edition of the Institute of Transportation Engineers' (ITE) Trip Generation Report, PHR+A has prepared Table 2 to summarize the trip generation for the proposed Cedar Meadows development. Table 2 Cedar Meadows Development Trip Generation Summary AM Peak Hour PM Peak Hour Code Land Use Amount In Out Total In Out Total ADT Cedar Meadows 251 Elderly Housing - Detached 140 units 14 24 38 38 24 62 721 Total Cedar Meadows Trips 14 24 38 1 38 24 62 721 TRIP DISTRIBUTION AND TRIP ASSIGNMENT The distribution of trips, shown in Figure 6, was based upon local travel patterns for the roadway network surrounding the proposed Cedar Meadows site. Figure 7 shows the respective development -generated AM/PM peak hour trips and ADT assignments at the intersections of Tasker Road/White Oak Road and White Oak Road/Site-driveway. 2007 BUILD -OUT CONDITIONS Cedar Meadows assigned trips (Figure 7) were added to the 2007 background traffic volumes (Figure 4) to obtain 2007 build -out conditions. Figure 8 shows the 2007 build -out ADT and AM/PM peak hour traffic volumes at the intersections of Tasker Road/White Oak Road and White Oak Road/Site-driveway. Figure 9 shows the respective 2007 build -out lane geometry and AM/PM peak hour levels of service. All HCS-2000 levels of service worksheets are included in the Appendix section of this report. PHTUA A Traffic Impact Analysis of Cedar Meadows Project Number: 13502-1-0 May 25, 2005 Page 8 IN No Scale Figure 6 Trip Distribution Percentages A Trarfic Impact Analysis of Cedar Meadows P R+A Project Number: 13502-1-0 H May 25, 2005 Page 9 No Scale b� r Road Taske (11)4 ~ SITE Sgc, (II'�' >�I) wa �j -I- AM Peak Hour(PM Peak Hour) Figure 7 Development -Generated Trip Assignments A Trafflic Impact Analysis of Cedar Meadows PHR+A Project Numb10er: 13502-1-0 May 25, 2005 10Page 10 No Scale '1 — hb ti o ti d 4(35) TaskRoad 1 (j9)140 _ 8(7) (23S) (150)298 (20)45 �ryo� b � ti 4 SITE Wa �j a� AM Peak Hour(PM Peak Hour) Figure 8 2007 Build -out Traffic Conditions A Traffic Impact Analysis of Cedar Meadows PAProject Number: 13502-1-0 H May 25, 2005 Page 11 Signalized "Suggested No Scale Intersection Improvement" LOS=B(B) Signalization ---------------- Tasker U Road if (B)B ($) Unsignalized Intersection A TaskeT Road *(A)A , . A(A) * i4 q O SITE '`�' SILO Unsignalized Intersection 1� (a Denotes stop sign control Denotes traffic signal control A AM Peak Hour (PM Peak Hour) Denotes Unsignalized Critical Movement Figure 9 2007 Build -out Lane Geometry and Levels of Service A Traffic Impact Analysis of Cedar Meadows PAProject Number: 13502-1-0 H May 25, 2005 Page 12 CONCLUSION The traffic impacts associated with the proposed Cedar Meadows development are acceptable and manageable. Based upon HCS-2000 results for 2007 build -out conditions, the intersection of White Oak Road and the proposed site -driveway will maintain a level of service "A" throughout the project buildout, while the intersection of Tasker Road and White Oak Road will maintain levels of service "C" or better throughout the project buildout as a signalized intersection. The applicant has agreed to install traffic signals at the intersection of Tasker Road/White Oak Road upon the satisfaction of traffic signal warrants as outlined in the MUTCD (Manual on Uniform Traffic Control Devices). Ll 1 PHA A Traffic Impact Analysis of Cedar Meadows Project Number: 13502-1-0 May 25, 2005 Page 13 r I APPENDIX iI HCS-2000 Worksheets Ll INTERSECTION CAPACITY ANALYSIS and LEVEL OF SERVICE The most current analysis methodologies used fore valuating the capacity ofi ntersections were developed by the Transportation Research Board (TRB) in conjunction with the Federal Highway Administration (FHWA) and other members of the transportation profession. This methodology is represented in TRB Special ReportN umber 209, The Highway Capacity Manual (HCM). Computerized methods for conducting these analyses were developed by FHWA; and are the methods used in this report. The following brief explanations oft he methodologies are adapted from the HCM. UNSIGNALIZED INTERSECTIONS - TWSC At an unsignalized two-way stop -controlled (TWSC) intersection, the major street has continuous right of way while the side street is controlled by as top sign or yield sign. In operation, vehicles exiting the side street and crossing or turning into the main street flow must wait for "acceptable gaps" in the main street flow. The same is true of left -turning traffic from the main street that must cross the opposing flow. The analysis takes into account the probability of a gap in the main street traffic. The probability and number of acceptable gaps is lower in higher volume flows. The acceptability of a gap is modified by physical factors( sight distance, turning radius, etc.) and by characteristics of the traffic flow (percentage trucks, buses, etc.). In the analysis in theser eports, all default values suggested by theH CM wereu sed unless additional information was available. These defaults include the estimated percentage of trucks (single unit and tractor -trailer), buses and motorcycles. The level of service forT WSC intersections is determined only Pori ndividual movements - not for the intersection as a whole. The total delay is defined as the total elapsed time from when a vehicle stops at the end of the queue until the vehicle departs from the stop line; this time includes the time required for the vehicle to travel from the last -in -queue position to the first -in - queue position. Level of Service Criteria for TWSC Intersections Average Total Delay Level of Service sec/veh " A <10" B. >10and<_15 C" _ > 15 and, 525 D >25 and 535 E " >35 and <_50" F >50 " UNSIGNALIZED INTERSECTIONS - AWSC At an unsignalized all -way stop -controlled (AWSC) intersection, all directions are controlled by a stop sign. Operation of AWSC intersections requires thate very vehicle stop att he intersection before proceeding. Since each driver is required to stop, the judgment as to whether to proceed into the intersection is a function of the traffic conditions on the other (opposing and conflicting) approaches. Therefore, a driver proceeds only after determining that there are no vehicles currently in the intersection and that it is safe to proceed. The analysis takes into account the problem of determining,u nder capacity conditions for a given approach, the factors that influence the rate at which vehicles can depart successfully from the STOP line. Traffic at other approaches,w hich increases potential conflict,t ranslates directly into longer driver decision times and saturation headways. The saturation headways are also influenced by characteristics of the traffic flow (slow accelerating vehicles, left turns,e tc.). In the analysis in this reports, all default values suggested by the HCM were used unless additional information was available. These defaults include the estimated percentage of trucks (single unit and tractor -trailer), buses and motorcycles. The level of service for AWSC intersections is determined only for individual movements - not for the intersection as a whole. The total delay is defined as the total elapsed time from when a vehicle stops at the end of the queue until the vehicle departs from the stop line; this time includes the time required for the vehicle to travel from the last -in -queue position to the first -in - queue position. Level of Service Criteria for AWSC Intersections Average Total Delay Level 'of Service sec/veh A !�10 B >10and<_15 C >15 and <_25 D >25 and <_35 , E >35 and _<50 . 50 SIGNALIZED INTERSECTIONS The operation (and therefore the capacity) of a signalized intersection is complicated by the fact that the signal is allocating time between conflicting traffic movements - movements that must use the same physical space. The analysis, therefore, must not only look at the physical geometry of the intersection, but the signal timing aspects as well. In the analysis of signalized intersections, two termsa re important: volume to capacity ratio (v/c) and; average stopped delay (seconds per vehicle). The theoretical capacity is based on the physical geometry, the available green time (often expressed as G/C), and the traffic mix (e.g. trucks use more capacity than cars). The average stopped delay may be calculated from the v/c ratio, cycle length, quality of progression on the arterial and available green time on each approach. In this report all the default values recommended by the HCM are used unlesso ther specific information is available (percentage of trucks, pedestrians, etc.). Existing signal timings are observed and used whenever possible. When future signals are being evaluated, an "optional" signal timing is calculated based on projected volumes. The level of service is based on the calculated average delay per vehicle for each approach and for the intersection as a whole. Based on extensive research studies, the maximum delay acceptable by the average driver is sixty seconds per vehicle at a signalized intersection. This is defined as the upper limit on the possible range of delay/level of service criteria. The following criteria describe the full range of level of service: Level of Service Criteria for Signalized Intersections Stopped Delay Level of Service per Vehicle (sec) A <_10.0 B > 10.0 and <_20.0 C >20.0 and <_35.0 D >35.0 and <_55.0 E >55.0 and:!M.0 F >80.0 J LEVEL OF SERVICE DESCRIPTIONS FOR SIGNALIZED INTERSECTIONS Level of Service Description A Levelo f Service A describes operations with very low delay,u p to 10 sec per vehicle. This level of service occurs when progression is extremely favorable, and most vehicles arrive during the green phase. Most vehicles do not stop at all. Short cycle lengths may also contribute to low delay. B Levelo f Service B describes operations with delay greater than 10 and up to 20 sec per vehicle. This level generally occurs with good progression, shortc ycle lengths,o r both. More vehicles stop than for LOS A,c ausing higher levels of average delay. C Level Of Service C describeso perationsw ith delay greater than 20 and up to 35 sec per vehicle. These higher delays may result from fair progression, longer cycle lengths, or both. Individual cycle failures may begin to appear in this level. The number of vehicles stopping is significant at this level,t hough many still pass though the intersection without stopping. D Level of Service D describes operationsw ith delay greater than 35 and up to 55 sec per vehicle. At level D, the influence of congestion becomesm ore noticeable. Longer delaysm ay result from some combination of unfavorable progression, longer cycle lengths, or high v/c ratios. Many vehicles stop,a nd the proportion of vehicles not stopping declines. Individual cycle failures are noticeable. E Levelo f Service E describes operations with delay greater than 55 and up to 80 sec per vehicle. This level is considered by many agencies to be the limit of acceptable delay. These high delay values generally indicate poor progression, long cycle lengths, and high v/c ratios. Individual cycle failures are frequent occurrences. F Levelo f Service F describes operations with delay in excess of 80 sec per vehicle. This level, considered to be unacceptable to most drivers, often occurs with over saturation, that is, when arrival flow rates exceed the capacity of the intersection. It may also occur at high v/c ratios below 1.0 with many individual cycle failures. Poor progression and cycle lengthsm ay also be major contributing causes to such delay levels. TWO-WAY STOP CONTROL SUMMARY General Information Site Information Analyst PHR+A Agency/Co. PHR+A Date Performed 212412005 Analysis Time Period AM Peak Hour Intersection Tasker Road & White Oak Road Jurisdiction Winchester, VA Analysis Year Existing Conditions Project Description Cedar Meadows Development East/West Street: Tasker Road North/South Street: White Oak Road Intersection Orientation: East-West IStudy Period hrs : 0.25 Vehicle Volumes and Adjustments Major Street Eastbound Westbound Movement 1 2 3 4 5 6 L T R L T R Volume veh/h 127 261 37 6 114 4 Peak -hour factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 Hourly Flow Rate (veh/h) 133 274 38 6 120 4 Proportion of heavy vehicles, PHv 2 -- 2 -- -- Median type Undivided RT Channelized? 0 0 Lanes 0 1 1 0 1 1 Configuration LT R LT R Upstream Signal 0 0 Minor Street Northbound Southbound Movement 7 8 9 10 11 12 L T R L T R Volume veh/h 17 57 15 9 87 94 Peak -hour factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 Hourly Flow Rate (veh/h) 17 1 60 15 9 91 98 Proportion of heavy vehicles, PHv 2 2 2 2 2 :j 2 Percent grade (%) 0 0 Flared approach N N Storage 0 0 RT Channelized? 0 0 Lanes 0 1 0 0 1 0 Configuration LTR LTR Control Delay, Queue Length, Level of Service Approach EB WB Northbound Southbound Movement 1 4 7 8 9 10 11 12 Lane Configuration LT LT LTR LTR Volume, v (vph) 133 6 92 198 Capacity, cm (vph) 1463 1248 325 465 /c ratio 0.09 0.00 0.28 0.43 Queue length (95%) 0.30 0.01 1.14 2.09 Control Delay (s/veh) 7.7 7.9 20.4 18.4 LOS A A C C Patton Harris Rust & Associates Approach Iola, 'Approach LOS HCS2000TM - - 20.4 Copyright© 2003 University of Florida,A 11 Rights Reserved 18.4 C Version 4.1d Patton Harris Rust & Associates TWO-WAY STOP CONTROL SUMMARY General Information ISite Information 1 Analyst PHR+A Agency/Co. PHR+A Date Performed 212412005 ,Analysis Time Period PM Peak Hour 'Project Description Cedar Meadows Development East/West Street: Tasker Road Intersection Orientation: East-West 'Vehicle ' tHourly tUpstream Volumes and Adjustments Major Street Eastbound Movement 1 2 L T Volume veh/h 90 113 Peak -hour factor, PHF 0.95 0.95 Flow Rate (veh/h) 94 118 Proportion of heavy vehicles, PHv 2 Median type RT Channelized? Lanes 0 1 Configuration LT Signal 0 ' 'Hourly 'Percent 'FIT Minor Street Northbound Movement 7 8 L T Volume veh/h 17 54 Peak -hour factor, PHF 0:95 0.95 Flow Rate (veh/h) 17 56 Proportion of heavy vehicles, PHv 2 2 grade (%) 0 Flared approach N Storage 0 Channelized? Lanes 0 1 Configuration LTR 'Control t/c Delay, Queue Len th Level of Service Approach EB WB Movement 1 4 Lane Configuration LT LT Volume, v (vph) 94 3 Capacity, cm (vph) 1318 1460 ratio 0.07 0.00 Queue length (95%) 0.23 0.01 Control Delay (s/veh) 7.9 7.5 LOS A I A Intersection Tasker Road & White Oak Road Jurisdiction Winchester, VA Analysis Year Existing Conditions rth/South Street: White idv Period (hrs): 0.25 4 10 L 7 0.95 7 PAI 0J :I Westbou 5 T 205 0.95 215 1 0 Southbound 11 T 40 0.95 42 2 0 N 0 1 LTR 0 12 R 147 0.95 154 Northbound Southbound 7 8 9 10 11 LTR LTR 77 203 375 662 0.21 0.31 0.76 1.30 17.1 12.8 C B 0 0 12 Patton Harris Rust & Associates Approach delay (s/veh ' Approach LOS HCS2000TM -- 17.1 Copyright© 2003 University of Florida,A Il Rights Reserved 12.8 8 Version 4.1d Patton Harris Rust & Associates TWO-WAY STOP CONTROL SUMMARY ' General Information Site Information Analyst PHR+A Agency/Co. PHR+A Date Performed 411412005 Analysis Time Period AM Peak Hour 'Project Description Cedar Meadows Development East/West Street: Tasker Road Intersection Orientation: East-West 'Vehicle 'Volume 'RT Volumes and Adjustments Major Street Eastbound Movement 1 2 L T veh/h 140 298 Peak -hour factor, PHF 0.95 0.95 Hourly Flow Rate (veh/h) 147 313 Proportion of heavy vehicles, PHv 2 Median type Channelized? Lanes 0 1 Configuration LT Signal 0 'Upstream ' 'Lanes Minor Street Northbound Movement 7 8 L T Volume veh/h 19 63 Peak -hour factor, PHF 0.95 0.95 Hourly Flow Rate (veh/h) 20 66 Proportion of heavy vehicles, PHv 2 2 Percent grade (%) 0 Flared approach N Storage 0 RT Channelized? 0 1 Configuration LTR ' ' '/c Control Delay, Queue Len th Level of Service Approach EB WB Movement 1 4 Lane Configuration LT LT Volume, v (vph) 147 7 Capacity, cm (vph) 1405 1203 ratio 0.10 0.01 Queue length (95%) 0.35 0.02 Control Delay (s/veh) 7.9 8.0 LOS A A Approach delay (s/veh) Intersection Tasker Road & White Oak Road Jurisdiction Winchester, VA Analysis Year 2007 Background Conditions South Street: White Oak Road Period (hrs): 0.25 3 4 R L 41 7 0.95 0.95 43 7 -- 2 Undivided 0 1 0 R LT 9 R 17 0.95 17 PAI V 17 10 L 10 0.95 10 FAO 0 Westbound 5 T 160 0.95 168 0 12 R 104 0.95 109 Northbound Southbound 7 8 9 10 11 LTR LTR 103 220 258 395 0.40 0.56 1.82 3.28 27.9 25.0 D C 27.9 25.0 K' U 0 12 Patton Harris Rust & Associates, pc ' `A roach LOS - D C 1 pp HCS2000Fm Copyright© 2003 University of Florida,A 11 Rights Reserved Version 4.Id � I I I I I Patton Harris Rust & Associates, pc TWO-WAY STOP CONTROL SUMMARY ' General Information ISite Information Analyst PHR+A Agency/Co. PHR+A Date Performed 411412005 Analysis Time Period AM Peak Hour Project Description Cedar Meadows Development East[West Street: Tasker Road Intersection Orientation: East-West 'Major 'Volume t 'RT Vehicle Volumes and Adjustments Street Eastbound Movement 1 2 L T veh/h 99 150 Peak -hour factor, PHF 0.95 0.95 Hourly Flow Rate (veh/h) 104 157 Proportion of heavy vehicles, PHv 2 _T Median type Channelized? Lanes 0 1 Configuration LT Upstream Signal 0 'Volume 'Proportion t 'Lanes Minor Street Northbound Movement 7 8 L T veh/h 19 60 Peak -hour factor, PHF 0.95 0.95 Hourly Flow Rate (veh/h) 20 63 of heavy vehicles, PHv 2 2 Percent grade (%) 0 Flared approach N Storage 0 FT Channelized? 0 1 Configuration LTR 'Approach '/c Control Delay,Queue Len th Level of Service EB WB Movement 1 4 Lane Configuration LT LT Volume, v (vph) 104 3 Capacity, cm (vph) 1279 1412 ratio 0.08 0.00 Queue length (95%) 0.27 0.01 Control Delay (s/veh) 8.1 7.6 LOS A A Approach delay (s/veh) Intersection Tasker Road & White Oak Road Jurisdiction Winchester, VA Analysis Year 2007 Background Conditions North/South Street: White Oak Road Study Period (hrs): 0.25 No O Westbound 5 T 235 0.95 247 1 0 Southbound 11 T 44 0.95 46 2 0 N 0 1 LTR 0 0 12 R 162 0.95 170 Northbound Southbound 7 8 9 10 11 LTR LTR 87 224 316 609 0.28 0.37 1.10 1.69 20.7 14.3 C 8 20.7 14.3 K' 0 n 12 Patton Harris Rust & Associates, pc Approach LOS I - I - I C B HCS2000TM CopyrightO 2003 University of Florida,A 11 Rights Reserved Version 4.Id Patton Harris Rust & Associates, pc HCS2000m DETAILED REPORT General Information Site Information Analyst PHR+A Agency or Co. PHR+A Date Performed 411412005 Time Period AM Peak Hour Intersection Tasker Road & White Oak Road Area Type All other areas Jurisdiction Winchester, VA Analysis Year 2007 Background Conditions Cedar Meadows Project ID Development - Suggested Improvement Volume and Timing Input EB WB NB SB LT TH FIT LT TH FIT LT TH FIT LT TH RT Number of lanes, Ni 0 1 1 0 1 1 0 1 0 0 1 0 Lane group LT R LT R LTR LTR Volume, V (vph) 140 298 41 7 160 4 19 63 17 10 96 104 % Heavy vehicles, %HV 0 0 0 0 0 0 0 0 0 0 0 0 Peak -hour factor, PHF 0.95 0.95 0.95 0.95 0.95 ' 0.95 0.95 10.95 0.95 0.95 0.95 0.95 Pretimed (P) or actuated (A) A A A A A A A A A A A A Start-up lost time, I, 2.0 2.0 2.0 2.0 2.0 2.0 Extension of effective green, e 2.0 2.0 2.0 2.0 2.0 2.0 Arrival type, AT 3 3 3 3 3 3 Unit extension, UE 3.0 3.0 3.0 3.0 3.0 3.0 Filtering/metering, 1 1.000 1.000 1.000 1.000 1.000 1.000 Initial unmet demand, Qb 0.0 0.0 0.0 0.0 0.0 0.0 Ped / Bike / RTOR volumes 0 0 0 10 0 0 0 0 Lane width 12.0 12.0 12.0 12.0 12.0 12.0 Parking / Grade / Parking N 0 N N 0 N N 0 N N 0 N Parking maneuvers, NM Buses stopping, NB 0 0 -t-0 0 0 0 Min. time for pedestrians, G 3.2 3.2 3.2 3.2 Phasing EB Only EW Perm 03 04 SB Only NS Perm 07 08 Timing G=1 0.0 G= 42.0 G= G= G=1 1.0 G= 17.0 G= G= Y=0 IY= 5 Y= Y= Y=0 Y= 5 Y= Y= Duration of Analysis, T = 0.25 Cycle Length, C = 90.0 Lane Group Capacity, Control Delay, and LOS Determination EB WB NB SB LT TH FIT LT TH FIT LT TH FIT LT TH FIT Adjusted flow rate, v 461 43 175 4 104 221 Lane group capacity, c 851 933 873 754 319 534 v/c ratio, X 0.54 0.05 0.20 0.01 0.33 0.41 Total green ratio, g/C 0.58 0.58 0.47 0.47 0.19 0.31 Uniform delay, di 11.7 8.2 14.1 12.8 31.5 24.5 1.000 1.000 1.000 1.000 1.000 1.000 Patton Harris Rust & Associates, pc Progression factor, PF Delay calibration, k 0.14 0.11 0.11 0.11 0.11 0.11 Incremental delay, d2 0.7 0.0 0.1 0.0 0.6 0.5 Initial queue delay, d3 Control delay 12.4 8.3 14.2 12.8 32.1 -r 25.0 Lane group LOS 8 A 8 8 C Approach delay 12.0 14.2 32.1 25.0 Approach LOS 8 B C C Intersection delay 17.3 Xc = 0.57 Intersection LOS 8 HCS2000TM 1 1 1 1 1 1 1 1 1 1 Copyright © 2000 University of Florida,A 11 Rights Reserved Patton Harris Rust & Associates, pc Version 4.le HCS2000m DETAILED REPORT General Information Site Information Analyst PHR+A Agency or Co. PHR+A Date Performed 4/14/2005 Time Period PM Peak Hour Intersection Tasker Road & White Oak Road Area Type All other areas Jurisdiction Winchester, VA Analysis Year 2007 Background Conditions Cedar Meadows Project ID Development - Suggested Improvement Volume and Timing Input EB WB NB SIB LT TH RT LT TH RT LT TH RT LT TH RT Number of lanes, Ni 0 1 1 0 1 1 0 1 0 0 1 0 Lane group LT R LT R LTR LTR Volume, V (vph) 99 150 9 3 235 35 19 60 4 8 44 162 % Heavy vehicles, %HV 0 0 0 0 0 0 0 0 0 0 0 0 Peak -hour factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 Pretimed (P) or actuated (A) A A A A A A A A A A A A Start-up lost time, Ii 12.0 2.0 2.0 2.0 2.0 2.0 Extension of effective green, e 2.0 2.0 2.0 2.0 2.0 2.0 Arrival type, AT 3 3 3 3 3 3 Unit extension, UE 3.0 3.0 3.0 3.0 3.0 3.0 Filtering/metering, 1 1.000 1.000 1.000 1.000 1.000 1.000 Initial unmet demand, Qb 0.0 0.0 1 0.0 1 0.0 1 0.0 0.0 Ped / Bike / RTOR volumes 0 0 0 0 0 0 0 0 Lane width 12.0 12.0 12.0 12.0 12.0 12.0 Parking / Grade / Parking N 0 N N 0 N N 0 N N 0 N Parking maneuvers, NM Buses stopping, NB 0 0 0 0 0 0 Min. time for pedestrians, G 3.2 3.2 1 3.2 3.2 Phasing EB Only EW Perm 03 04 SB Only NS Perm 07 08 Timing G=1 0.0 G= 42.0 G= G= G=1 0.2 G= 17.8 G= G= Y=0 IY= 5 Y= Y= Y=0 Y= 5 1Y= Y= Duration of Analysis, T = 0.25 Cycle Length, C = 90.0 Lane Group Capacity, Control Delay, and LOS Determination EB WB NB SB LT TH RT LT TH RT LT TH RT LT TH RT Adjusted flow rate, v 262 9 250 37 87 225 Lane group capacity, c 758 933 884 754 335 524 v/c ratio, X 0.35 0.01 0.28 0.05 0.26 0.43 Total green ratio, g/C 0.58 0.58 0.47 0.47 0.20 0.31 Uniform delay, di 10.0 8.1 14.7 13.1 30.5 24.6 1.000 1.000 1.000 1.000 1.000 1.000 Patton Harris Rust & Associates, pc Progression factor, PF Delay calibration, k 0.11 0.11 0.11 0.11 0.11 0.11 Incremental delay, d2 0.3 0.0 0.2 0.0 0.4 0.6 Initial queue delay, d3 Control delay 10.3 8.1 14.9 13.1 30.9 25.2 Lane group LOS B A B B C C Approach delay 10.2 14.7 30.9 25.2 Approach LOS B B C C Intersection delay 17.6 X� = 0.52 Intersection LOS B HCS2000TM Copyright © 2000 University of Florida,A 11 Rights Reserved Version 4.1e Patton Harris Rust & Associates, pc ' TWO-WAY STOP CONTROL SUMMARY ' General Information ISite Information 1 Analyst PHR+A Agency/Co. PHR+A Date Performed 411412005 Analysis Time Period AM Peak Hour 'East/West Project Description Cedar Meadows Development Street: Tasker Road Intersection Orientation: East-West 'Major 'Proportion 'RT Vehicle Volumes and Adjustments Street Eastbound Movement 1 2 L T Volume veh/h 140 298 Peak -hour factor, PHF 0.95 0.95 Hourly Flow Rate (veh/h) 147 313 of heavy vehicles, PHv 2 Median type Channelized? Lanes 0 1 Configuration LT Upstream Signal 0 ' Minor Street Northbound Movement 7 8 L T Volume veh/h 26 70 Peak -hour factor, PHF 0.95 0.95 Hourly Flow Rate (veh/h) 27 73 Proportion of heavy vehicles, PHv 2 2 Percent grade (%) 0 Flared approach N Storage 0 RT Channelized? Lanes 0 1 Configuration LTR 'Approach ' '/c 'LOS Control Delay, Queue Len th, Level of Service EB WB Movement 1 4 Lane Configuration LT LT Volume, v (vph) 147 8 Capacity, cm (vph) 1405 1199 ratio 0.10 0.01 Queue length (95%) 0.35 0.02 Control Delay (s/veh) 7.9 8.0 A A Approach delay (s/veh) Intersection Tasker Road & White Oak Road Jurisdiction Winchester, VA Analysis Year 2007 Buildout Conditions South Street: White Oak Road Period (hrs): 0.25 K' Q 4 10 L 10 0.95 10 Ell Westbound 5 T 160 0.95 168 1 0 ithbound 11 T 100 0.95 105 2 0 N 0 1 L TR V 0 12 R 104 0.95 109 Northbound Southbound 7 8 9 10 11 LTR LTR 120 224 249 387 0.48 0.58 2.43 3.52 32.2 26.3 D D 32.2 26.3 K I no 12 Patton Harris Rust & Associates, pc � I iI � I � I I I I I Ll Approach LOS -- I -I D D HCS2000TM Copyright© 2003 University of Florida,A 11 Rights Reserved Version 4.1d Patton Harris Rust & Associates, pc TWO-WAY STOP CONTROL SUMMARY ' General Information ISite Information Analyst PHR+A Agency/Co. PHR+A Date Performed 411412005 Analysis Time Period PM Peak Hour 'Project Description Cedar Meadows Deve East/West Street: Tasker Road Intersection Orientation: East-West 'Vehicle 'Volume 'Proportion Volumes and Adjustments Major Street Movement 1 L veh/h 99 Peak -hour factor, PHF 0.95 Hourly Flow Rate (veh/h) 104 of heavy vehicles, PHv 2 Median type RT Channelized? Lanes 0 Configuration LT Upstream Signal 'RT Minor Street Movement 7 L Volume veh/h 26 Peak -hour factor, PHF 0.95 Hourly Flow Rate (veh/h) 27 Proportion of heavy vehicles, PHv 2 Percent grade (%) Flared approach Storage Channelized? Lanes 0 Configuration 'Control 'Lane '/c ' DeIaV, Queue Len th Level of Se Approach EB Movement 1 Configuration LT Volume, v (vph) 104 Capacity, cm (vph) 1279 ratio 0.08 Queue length (95%) 0.27 Control Delay (s/veh) 8.1 LOS A Approach delay (s/veh) Intersection Tasker Road & White Oak Road Jurisdiction Winchester, VA Analysis Year 2007 Buildout Conditions orth/South Street: White Oak Road tudv Period (hrs): 0.25 1 0 Southbound 11 T 56 0.95 58 2 0 N 0 1 LTR Southbound 11 LTR 236 580 0.41 1.97 15.4 C 15.4 1 L Patton Harris Rust & Associates, pc � I I I I I jApproach LOS I-- -I C C HCS2000TM Copyright0 2003 University of Florida,A 11 Rights Reserved Version 4.1d Patton Harris Rust & Associates, pc 0 HCS2000m DETAILED REPORT General Information Site Information st PHR+A Analyst Agency or Co. PHR+A Date Performed 411412005 Time Period AM Peak Hour Intersection Tasker Road & White Oak Road Area Type All other areas Jurisdiction Winchester, VA Analysis Year 2007 Build -out Conditions Cedar Meadows Project ID Development - Suggested Improvement Volume and Timing Input i'LLs�C 1�& ` e cam:. ec' EB WB NB SB LT TH RT LT TH RT LT TH RT LT TH RT Number of lanes, N, 0 1 1 0 1 1 0 1 0 0 1 0 Lane group LT R LT R LTR LTR Volume, V (vph) 140 298 45 8 160 4 26 70 19 10 100 104 % Heavy vehicles, %HV 0 0 0 0 0 0 0 0 0 0 0 0 Peak -hour factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 10.95 0.95 0.95 Pretimed (P) or actuated (A) A A A A A A A A A A A A Start-up lost time; I, 2.0 12.0 12.0 2.0 2.0 2.0 Extension of effective green, e 2.0 2.0 2.0 2.0 2.0 2.0 Arrival type, AT 3 3 3 3 3 3 Unit extension, UE 3.0 3.0 3.0 3.0 3.0 3.0 Filtering/metering, I 1.000 1.000 1.000 1.000 1.000 1.000 Initial unmet demand, Qb 0.0 0.0 0.0 0.0 0.0 0.0 Ped / Bike / RTOR volumes 0 0 0 0 0 0 0 0 Lane width 12.0 12.0 12.0 12.0 12.0 12.0 Parking / Grade / Parking N 0 N N 0 N N 0 N N 0 N Parking maneuvers, NM Buses stopping, NB 0 0 0 0 0 1-07 Min. time for pedestrians, G 3.2 3.2 3.2 3.2 Phasing EB Only EW Perm 03 04 SB Only NS Perm 07 08 Timing G=1 0.8 G= 41.4 G= G= G=1 0.2 1Y=0 G= 17.6 G= G= Y=0 IY= 5 Y= Y= Y= 5 Y= Y= Duration of Analysis, T = 0.25 Cycle Length, C = 90.0 Lane Group Capacity, Control Delay, and LOS Determination EB WB NB SB LT TH RT LT I TH RT LT TH RT LT TH RT Adjusted flow rate, v 461 47 176 4 121 225 Lane group capacity, c 855 937 857 743 323 533 v/c ratio, X 0.54 0.05 0.21 0.01 0.37 0.42 Total green ratio, g/C 0.58 0.58 0.46 0.46 0.20 0.31 Uniform delay, d1 111.5 8.2 14.5 13.2 31.4 24.7 1.000 1.000 1.000 1.000 1.000 1.000 Patton Harris Rust & Associates, pc Progression factor, PF Delay calibration, k 0.14 0.11 0.11 0.11 0.11 0.11 Incremental delay, d2 0.7 0.0 0.1 0.0 0.7 0.5 Initial queue delay, d3 Control delay 12.2 8.2 14.6 13.2 32.2 25.3 Lane group LOS 8 A I 8 8 C C Approach delay 11.9 14.6 32.2 25.3 Approach LOS 8 8 C C Intersection delay 17.6 Xc = 0.58 Intersection LOS 8 HCS2000TM Copyright 0 2000 University of Florida,A II Rights Reserved Version 4.1e Patton Harris Rust & Associates, pc HCS2000m DETAILED REPORT General Information Site Information Analyst PHR+A Agency or Co. PHR+A Date Performed 411412005 Time Period PM Peak Hour Intersection Tasker Road & White Oak Road Area Type All other areas Jurisdiction Winchester, VA Analysis Year 2007 Build -out Conditions Cedar Meadows Project ID Development - Suggested Improvement Volume and Timing Input EB WB NB SB LT TH RT LT TH RT LT TH RT LT TH RT Number of lanes, Ni 0 1 1 0 1 1 0 1 0 0 1 0 Lane group LT R LT R LTR LTR Volume, V (vph) 99 150 20 7 235 35 26 67 7 8 56 162 % Heavy vehicles, %HV 0 0 0 0 0 0 0 0 0 0 0 0 Peak -hour factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 Pretimed (P) or actuated (A) A A A A A A A A A A A A Start-up lost time, 1, 2.0 2.0 2.0 2.0 2.0 2.0 Extension of effective green, e 2.0 2.0 2.0 2.0 2.0 2.0 Arrival type, AT 3 3 3 3 3 3 Unit extension, UE 3.0 3.0 3.0 3.0 3.0 3.0 Filtering/metering, 1 1.000 1.000 1.000 1.000 1.000 1.000 Initial unmet demand, Qb 0.0 0.0 0.0 0.0 0.0 0.0 Ped / Bike / RTOR volumes 0 0 0 0 0 0 0 0 Lane width 12.0 12.0 12.0 12.0 12.0 12.0 Parking / Grade / Parking N 0 N N 0 N N 0 N N 0 N Parking maneuvers, NM Buses stopping, NB 0 0 0 0 0 0 Min. time for pedestrians, G 3.2 3.2 3.2 3.2 Phasing EB Only EW Perm 03 04 SB Only NS Perm 07 08 Timing G=1 0.0 G= 42.0 G= G= G=1 0.5 G= 17.5 G= G= Y=0 Y= 5 Y= Y= Y=0 Y= 5 1 Y= 1Y= Duration of Analysis, T = 0.25 Cycle Length, C = 90.0 Lane Group Capacity, Control Delay, and LOS Determination EB WB NB SB LT TH RT LT TH RT LT TH RT LT TH RT Adjusted flow rate, v 262 21 254 37 105 238 Lane group capacity, c 754 933 880 754 319 526 v/c ratio, X 0.35 0.02 0.29 0.05 0.33 0.45 Total green ratio, g/C 0.58 0.58 0.47 0.47 10.19 0.31 Uniform delay, di 10.0 8.1 14.8 13.1 31.2 24.9 1.000 1.000 1.000 1.000 1.000 1.000 Patton Harris Rust & Associates, pc Progression factor, PF Delay calibration, k 0.11 0.11 0.11 0.11 0.11 0.11 Incremental delay, d2 0.3 0.0 0.2 0.0 0.6 0.6 Initial queue delay, d3 Control delay 10.3 8.1 15.0 13.1 31.8 25.5 Lane group LOS 8 A I 8 8 C C Approach delay 10.2 14.7 31.8 25.5 Approach LOS 8 8 C C Intersection delay 18.1 X� = 0.55 Intersection LOS 8 HCS2006TM Copyright © 2000 University of Florida,A Il Rights Reserved Version 4.1e Patton Harris Rust & Associates, pc TWO-WAY STOP CONTROL SUMMARY General Information Site Information Analyst Agency/Co. Date Performed Analysis Time Period PHR+A PHR+A 411412005 AM Peak Hour Intersection Jurisdiction Analysis Year White Oak Rd&Site-driveway Winchester, VA 2007 Build -out Conditions Project Description Cedar Meadows Development East/West Street: Site -driveway North/South Street: White Oak Road Intersection Orientation: North -South IStudy Period hrs : 0.25 Vehicle Volumes and Adjustments Major Street Northbound Southbound Movement 1 2 3 4 5 6 L T R L T R Volume 4 98 0 0 143 10 Peak -Hour Factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 Hourly Flow Rate, HFR 4 103 0 0 150 10 Percent Heavy Vehicles 2 - -- 2 - Median Type Undivided RT Channelized 0 0 Lanes 0 1 0 0 1 0 Configuration LT TR Upstream Signal 1 0 0 Minor Street Westbound Eastbound Movement 7 8 9 10 11 12 L T R L T R Volume 0 0 0 17 0 7 Peak -Hour Factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 Hourly Flow Rate, HFR 0 0 0 17 0 7 Percent Heavy Vehicles 2 0 0 2 0 0 Percent Grade (%) 0 0 Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 0 0 0 0 0 Configuration LR Delay Queue Length, and Level of Service Approach NB SB Westbound Eastbound Movement 1 4 7 8 9 10 11 12 Lane Configuration LT LR (vph) 4 24 C (m) (vph) 1419 765 lc 0.00 0.03 95% queue length 0.01 0.10 Control Delay 7.5 9.9 LO S A A Approach Delay -- -- 9.9 Approach LOS - -- A I Rights Reserved Copyright© 2003 University of Florida,A 11 Rights Reserved Version 4.1d Patton Harris Rust & Associates TWO-WAY STOP CONTROL SUMMARY General Information Site Information Analyst Agency/Co. Date Performed Analysis Time Period PHR+A PHR+A 411412005 PM Peak Hour Intersection Jurisdiction Analysis Year White Oak Rd&Site-driveway Winchester, VA 2007 Build -out Conditions Project Description Cedar Meadows Development East/West Street: Site -driveway North/South Street: White Oak Road Intersection Orientation: North -South IStudy Period hrs : 0.25 Vehicle Volumes and Adjustments Major Street Northbound Southbound Movement 1 2 3 4 5 6 L T R L T R Volume 11 83 0 0 56 27 Peak -Hour Factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 Hourly Flow Rate, HFR 11 87 0 0 58 28 Percent Heavy Vehicles 2 -- 2 -- -- Median Type Undivided RT Channelized 0 0 Lanes 0 1 0 0 1 0 Configuration LT TR Upstream Signal 0 0 Minor Street Westbound Eastbound Movement 7 8 9 10 11 12 L T R L T R Volume 0 0 0 17 0 7 Peak -Hour Factor, PHF 0.95 0.95 0.95 0.95 0.95 0.95 Hourly Flow Rate, HFR 0 0 1 0 17 0 7 Percent Heavy Vehicles 2 0 0 2 0 0 Percent Grade (%) 0 0 Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 0 0 0 0 0 Configuration LR Delay, Queue Length, and Level of Service Approach NB SB Westbound Eastbound Movement 1 4 7 8 9 10 11 12 Lane Configuration LT LR (vph) 11 24 C (m) (vph) 1510 850 lc 0.01 0.03 95% queue length 0.02 0.09 Control Delay 7.4 9.4 LO S A A Approach Delay -- 9•4 Approach LOS - - A I Rights Reserved Copyright© 2003 University of Florida,A 11 Rights Reserved Version 4.Id Patton Harris Rust & Associates Intersection: E-W: ITASKER RD Weather RY File Name N-S: WHITE OAK RD CountB yjJJP In utB yjJJP Location winchester,va CountD ate 1/26/2005 15 Minute EB: TASKER RD WB: TASKER RD NB: WHITE OAK RD SB: WHITE OAK RD 15 Min. Period N,S, Period Begining Left Thru Right Total Left Thru Right Total Left Thru Right Total Left Thru Right Total E & W Begining 7:00 19 64 2 85 2 21 0 23 3 8 7 18 6 10 16 32 158 7:00 7:15 22 70 7 99 3 24 2 29 4 10 4 18 4 20 24 48 194 7:15 7:30 27 73 16 116 2 26 1 29 7 14 5 26 2 29 22 53 224 7:30 7:45 42 66 10 118 1 30 1 32 4 14 4 22 1 24 28 53 225 7:45 8:00 36 52 4 92 0 34 0 34 2 19 2 23 2 14 20 36 185 8:00 8:15 29 47 3 79 1 37 3 41 4 12 4 20 4 8 16 28 169 8:15 8:30 18 41 2 61 2 31 1 34 3 8 3 14 0 6 16 22 131 8:30 8:45 15 36 3 54 0 26 2 28 5 10 5 20 2 7 12 21 123 8:45 A.M.T otal 208 449 47 704 11 229 10 250 32 95 34 161 21 118 154 293 1408 A.M.T oral 16:00 19 29 3 51 1 51 6 58 3 8 1 12 1 10 29 40 161 16:00 16:15 18 31 2 51 0 48 4 52 4 8 0 12 2 8 29 39 154 16:15 16:30 17 30 1 48 2 50 8 60 3 10 1 14 0 11 34 45 167 16:30 16:45 21 30 3 54 0 55 8 63 2 15 2 19 1 10 34 45 181 16:45 17:00 22 29 2 53 1 49 6 56 7 19 0 26 3 14 37 54 189 17:00 17:15 30 24 2 56 0 51 10 61 5 10 1 16 3 5 42 50 183 17:15 17:30 24 20 1 45 1 52 7 60 2 7 2 11 2 7 30 39 155 17:30 17:45 17 16 3 36 0 44 5 49 3 6 0 9 0 5 21 26 120 17:45 P.M.T oral 168 209 17 394 5 400 54 459 29 83 7 119 12 70 256 338 1310 P.M.T otal 1 Hour EB: TASKER RD WB: TASKER RD NB: WHITE OAK RD SB: WHITE OAK RD I Hour Period N,S, Period Begining Left Thru Right Total Left Thru Right Total Left Thru Right Total Left Thru Right Total E & W Begining 7:00 110 273 35 418 8 101 4 113 18 46 20 84 13 83 90 186 801 7:00 7:15 127 261 37 425 6 114 4 124 17 57 15 89 9 87 94 190 828 7:15 7:30 134 238 33 405 4 127 5 136 17 59 15 91 9 75 86 170 802 7:30 7:45 125 206 19 350 4 132 5 141 13 53 13 79 7 52 80 139 709 7:45 8:00 98 176 12 286 3 128 6 137 14 49 14 77 8 35 64 107 607 8:00 16:00 75 120 9 204 3 204 26 233 12 41 4 57 4 39 126 169 663 16:00 16:15 78 120 8 206 3 202 26 231 16 52 3 71 6 43 134 183 691 16:15 16:30 90 113 8 211 3 205 32 240 17 54 4 75 7 40 147 194 720 16:30 16:45 97 103 8 208 2 207 31 240 16 51 5 72 9 36 143 188 708 16:45 17:00 93 89 8 190 2 196 28 226 17 42 3 62 8 31 130 169 647 17:00 1 Hour RD WB: TASKER RD NB: WHITE OAK RD SB: WHITE OAK RD 1 Hour Period FEBf.:tTASKER N,S, Period Begining Thru Right Total Left Thru Right Total Left Thru Right Total Left Thru Right Total E & W Begining 7:15 127 261 37 425 6 114 4 124 17 57 15 89 9 87 94 190 828 7:15 ANT eak PHF = 0.90 PHF = 0.91 PHF = 0.86 PHF = 0.90 0.92 A.M.P eak 16:30 90 113 8 211 3 205 32 240 17 54 4 75 7 40 147 194 720 16:30 P.M. Peak PHF = 0.94 PHF = 0.95 PHF = 0.72 PHF = 0.90 0.95 P.M.P eak 12-2t-2005 07;50 From-MICHAEL 1. BRYAN 5405464130 T-64? I i�S, .F-024 t Am. "�' k o %D 0 0 0 6 t`a n Michael L. ]Bryan 9 Court SquAre 2n4 Via or Winchester, VA 05002942/ CD M U1 O THIS DEED, made and dated this cWa' of December;, 2005, by and between DEREK BROCK KERNS, hereinafter called the Grantor; and SPARKS PROPERTY, L.L.C., a Virginia Limitwd Liability Company, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the;sum of Ten Dollars ($10.00), cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor does hereby grant and convey, with general warranty of title, unto the Grantee, in fee simple, all of that certain lot or parcel of land, together with the improvements thereon and all rights, rights of way and appurtenances thereto belonging, lying and being situate in i Opequon Magisterial District, Frederick County, Virginia, situate West of White Oak Road (Virginia Route 636), about one mile North of the intersection of White Oak Road (Virginia Route 636) and Fairfax Pike (Virginia Route 277), containing 2.26 acres, more or less, and being more particularly described by that certain plat and survey drawn by Richard U. Goode, C.S., dated June 26, 1956, attached to and made, a part of that certain Deed dated September 17, 1957, from T, S. Sparks, et ux to Clinton L. Ritter, which Deed is of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 248, at Page 585; and being the;same I lands acquired by Derek Brock Kerns by that certain Deed of Gift dated March 23, 2005, which Deed is of record in;the aforesaid Clerk's Office as Instrument No. 050005891. Reference is made to the aforesaid instruments for a more particular description of the property herein conveyed. TAX MAP NO. 75-A-106 This conveyance is made subject to all easements'., rights 12-21-2005 07:59 From-NIICHAEL L BRYAN F I 5405454130 T-643 P•003/003 F-024 ON: CD (Y) of way and restrictions of record affecting the subjecT property; provided, however, that the foregoing shall not be deemed in any way to reinstitute or republish any restrictions of record that may have expired or lapsed. The Grantor does hereby covenant that he has the right to convey to the Grantee; that the Grantee shall have quiet and peaceable possession of the said property, free from all liens and encumbrances; and he will grant such further assurances of title as may be requisite. WITNESS the following signature and seal: ; DEREK BROOK KERNS STATE OF VIRGINIA, AT LARGE, _ �: •, CITY/•GebIfff OF ►/1 to -wit: J The foregoing instrument was acknowledged before me "vl��•""" the C208 day of December, 2005, by Derek Brock Kerns, whose name is signed to the foregoing Deed dated thetNP4-0� day of December, 2005. My commission expires 7 D 'co 7 NOTARY UBLIC THIS INSTRUMENT PREPARED BY: Michael L. Bryan 9 Court Square Winchester, VA 22601 540-545-4130 peeds%Kerns to Sparka Property Michael I— Bryan vIRGINIA: FREDERICK COUNTY, 9 Court Square Ste' Floor This instrument of writing was produced to me on 2' Winchester, VA 12 20 ZeV06- at and with certi.ftate of acicrtow:edgement thereto ann, 2 was admitted to rewrd. T Imposed by Sec. 58,1-80; 00 $ , and 3K,1-801 have peen paid, it' assess 4'e-e-4 014_1 , Clerk U } f before me on the 16th day of September, 1957, and executed the said power of attorney, i ' and then and there acknowledged the same to be his act and deed. My commission expires Dec. 29, 1959• Ij Given under my hand this 16th day of September, 1957. EVELYN L. BALLARD Notary Public VIRGINIA FREDERICK COUNTY, (SCT. This instrument of writing was produced to me on the 17th day i of September 1957 at 3:40 P. M. and with certificate of acknowledgment thereto annexed was admitted to record. CLERK #1485 T. S. SPARKS, ET UX i TO :: DEED CLINTON L. RITTER F.�r.T This D E E D made and dated this 17th., day of September, 1957, by and between T. S. Sparks and Nannie E. Sparks, his wife, Grantors, parties of the first part, and Clinton L. Ritter, Grantee, party of the second part,----- W I T N E S S E T H- That the said parties of the first part, for and in consideration of the cash sum of Ten Dollars, and other adequate considerations deemed valuable in law, the receipt of all of which is hereby acknow- ledged, do hereby grant, sell and convey,. with General Warranty of Title, unto the i said party of the second part, his heirs and assigns forever, all of the following r i described tract or parcel of land, lying and being situate in Opequon Magisterial ' District, Frederick County, Virginia, about two and one-half miles East of Stephens City, located just West of Road No. 636 about one mile North of the intersection of Road No. 636, with State Highway No. 277, and more particularly described as k follows: "Beginning at (1) an iron peg on the North side of a 50 ft. right-of-way leading to Road No, 636 and at the Southwest corner of a tract of land trecently conveyed by T. S. Sparks to T. S. Sparks Jr., thence with the North line of said right-of-way N 49 deg. 57 min. W 100.0 feet to (2) an iron peg; thence with a new division line through the land of T. S. Sparks N 38 deg. 15 min. E 974.0 feet to (3) an iron peg in the South fence line of the Block farm; thence with said farm S 61 deg. 52 min. E 101.5 feet to (4) a fence corner, a corner to Elmer Strosnider; thence with Elmer Strosnider and then with T. S. Sparks Jr., S 38 deg. 15 min. W y 995.0 feet to the point of beginning, containing 2.26 Acres, more or less. This is a portion of the land conveyed to the parties of the first part by Vive Shaw Kennedy by deed bearing date the 5th., day of February, 1945, of record in the Office of the Cleric of the Circuit Court of Frederick County, Virginia, in Deed Book No. 191, ;page 313. Reference may be made to said deed and to the Plat recorded herewith for ' a further and more particular description of said real estate, said plat having been made by Richard U. Goode, Certified Surveyor, June 26, 1956. It is also expressly understood that the parties of the second, their heirs and assigns are to have the right of joint use of the 50 foot right -of - ,,way leading to Roadway No. 636; and that the said party of the second part are to build a lawful fence between the land hereby conveyed and the other land of the r i parties of the first part. The said parties of the first part covenant that they have a good right to convey said real estate to the Grantee; that the same is free from all liens and encumbrances; and that they will grant such further assurances of title as may be requisite. Witness the following signatures and seals: REVENUE STAMPS * T. S. SPARKS (SEAL) $0.55 CANCELLED NCE NANNIE E. SPARKS (SEAL) State of Virginia, County of Frederick, To -Wit: I, Nancy W. Glover, a notary public in and for the County of Frederick, in the State of Virginia, do hereby certify that T. S. Sparks and Nannie E. Sparks, his wife, whose names are signed to the foregoing and annexed writing, bearing date the 17th., day of Sept., 1957, have each personally appeared before me in my County aforesaid and acknowledged the same. My commission expires April 1, 1961. Given under my hand this 17th day of September, 1967. NANCY W. GLOVER Notary Public T. S. SPARKS OTHER LAND 2 N 38' 15' E 74 ' 3 ,? 30 610E BLOCK SPARKS TO NEWLIN 2.26 AC. 01FARM Znv p i S 38 15 W 295.0' 4 1ELMER T. S. SPARKS JR. ISTROSN DER TROS 1 it m O� ~O Z MAGNETICS 1958 SCALE 1" = 200' The above tract of land, located just :Jest of Road No. 636 about 1 mile North of the intersection of Road No. 636 with State Highway No. 277 and situate in Opgquon Magisterial District, Frederick County, Virginia, is bounded as follows: Beginning at (1) an iron peg on the North side of a 50 ft. right-of-way leading to Road No. 636 and at the Southwest corner of a tract of land recently conveyed by T. S. Sparks to T. S. Sparks Jr.., thence with the North line of said right-of-way N 49 deg. 57 min. W 100.0 feet to (2) an iron peg; thence with a new division line through the land of T. S. Sparks N 38 deg. 15 min. E 9711.0 feet to (3) an iron peg in the South fence line of the Block farm; thence with said farm S 61,deg. 52 in E 101.5 feet to (4) a fence corner, a corner to Elmer St-rosnider; thence with Elmer Strosnider and then with T. S. Sparks Jr., S 38 deg. 15 min, W 995.0 feet to the point of beginning, containing 2.26 Acres more or less. RICHARD U. GOODE Certified Surveyor, , 04-16 2006 07:10 F-664 Michael L. Bryan 9 court Square 211E Floor Winchester, VA From-MICHAEL L BRYAN 6406464130 T-638 0 050007167 P.002/003 9 O N r`o ra THIS DEED, made and dated this 5 day of 2005, by and between %,SBO INC., a Virginia corporation, hereinafter called the Grantor; and SPARKS; ROPE�gTy I I,.C-, a Virginia limited liability company, hereinafter called the Grantee. NOW, THEREFORE WITNESSETR: That for and in consideration of the ,remises and the sum of Ten Dollars ($10.00), cash in hand paid, receipt of which its hereby Iknowledged, the Grantor does hereby grant, bargain, sell and convey, with general warranty ]f title, unto the Grantee, in fee simple, the following described property, to -wit: All of that certain lot or parcel of lane appurtenances thereto together with the improvements thereon and all rights, rights of way and app lying and being situate on the Western side of White Oak Road (Rt. 636), in Opequon Magisterial District, Frederick County, Virginia, containing 4.93 11 acres, more or less, and being more particularly described by that certain "Boundary Survey of the Land of Chloe Juanita Sparks" dated June 7, 2004, drawn by Mark D. Smith, L.S., a copy of which is attached to and made a material part of that certain Deed dated June 21, 2004, which Deed is of record in the aforesaid Clerk's Office as Instrument #040011523; and being the same property conveyed to Jasbo, Inc. a Virginia Corporation by Deed dated November 1, 2004 of record in the aforesaid Clerk's Office as Instrument No. 040022470. Reference is hereby made to the aforesaid instruments and the references therein contained for a more particular description of the property conveyed hereby. TAX MAP NO. 86-A-153 This conveyance is made subject to all easements, rights of way and restrictions of record affecting the subject property; provided, however, that the foregoing shall not be deemed in any way to reinstitute or republish any restrictions of record that may have expired orlapsed. The Grantor does hereby covenant that it has the right to convey to the Grantee; that the Grantee shall have quiet and peaceable possession of the said property, free i:rom all liens and encumbrances; and it will grant such further assurances of title as may be requisite. WITNESS the following signature and seal: JASBO, INC. BY: _(SEAL) Beverley Shoemaker, President STATE OF VIRGINNIA, A7' LARGE, City of Winchester, to -wit: The foregoing instn,ment was acknowledged before me, a Notary Public in and for 04-15,2005 OT08 Michael L. Bryan 9 Court Square 2,1d Floor Winchester, VA From-MICHAEL L BRYAN 5405454130 T-SaB P-003/003 F-664 CD ie State and Jurisdiction aforesaid, This 41A day of afl,., 2005 by 13everley Shoemaker, as President of SasbO. Inc. My Commission expires: --, �Bll NOT Y PUBLIC THIS INSTRUMENT PREPARED BY: Michael L. Bryan, Esquire Bryan & Coleman, P.L.C. 9 Court Square, 2n'Floor Winchester, Virginia 22601 himpla ,,;v).dwasbo to Sparki P(OP-M V1p,Ci1N1A; FRFDFRICI( COUNTY, SCT- e on ent of wrlangwas, produced tO M This ttiSLru>nvy ag at .. of aclMOWledgement therelO annexed ,...,ad with certificate irnposud by Sec - 59.1-802 Of was admitted ja record. T and 58.1-801 have been paid, if asbessut)"' Michael L. Bryan 9 Court Square 2" floor Winchester, VA 040022470 THIS DEED IN DISTRIBUTION, made and dated this lst of November, 2004, by and between BOWMAN AND GLAIZE, L.C., a Virginia Limited Liability Company, hereinafter called the Grantor; and JASBO, INC., a Virginia Corporation, hereinafter called the Grantee. RECITAL The Grantor desires to convey the described property to Grantee, in distribution of its membership in Grantor. There is no consideration for this conveyance and this conveyance is exempt from recording tax in accordance with Virginia Code Section 58.1-811(11). NOW THEREFORE, WITNESSETH: In consideration of the foregoing, the Grantor hereby grants and conveys unto the Grantee, in fee simple, all of those certain five lots or parcels of land, together with the improvements thereon and all rights, rights of way and appurtenances thereto belonging, lying and being situate on the Western side of White Oak Road (Rt. 636), in Opequon Magisterial District, Frederick County, Virginia, and being more particularly described as follows: PARCEL NO. ONE: All of that certain lot or parcel of land, containing 0.9768 acres, more or less, and being more particularly described by that certain "Boundary Survey of the Land of Chloe Juanita Sparks" dated June 7, 2004, drawn by Mark D. Smith, L.S., a copy of which is attached to and made a material part of that certain Deed June 21, 2004, which Deed is of record in the Clerk's Office of the Circuit Court of Frederick County, Va. as Instrument 4040011523 and incorporated herein by reference as if set out in full. TAX MAP NO. 75-A-114 PARCEL NO. TWO: All of that certain lot or parcel of land, containing 1.5297 acres, more or less, and being more particularly described by that certain "Boundary Survey of the Michael L. Bryan 9 Court Square 2n' Floor Winchester, VA • Land of Chloe Juanita Sparks" dated June 7, 2004, draws Mark D. Smith, L.S., a copy of which is attached to an( material part of that certain Deed dated June 21, 2004 Deed is of record in the aforesaid Clerk's Office as Instrument #040011523 and incorporated herein by refer, if set out in full. TAX MAP NO. 75-A-115 PARCEL NO. THREE: All of that certain lot or parc land, containing 4.9311 acres, more or less, and being particularly described by that certain `Boundary Surve Land of Chloe Juanita Sparks" dated June 7, 2004, draw Mark D. Smith, L.S., a copy of which is attached to an material part of that certain Deed dated June 21, 2004 Deed is of record in the aforesaid Clerk's Office as Instrument #040011523 and incorporated herein by refer if set out in full. TAX MAP NO. 86-A-153 PARCEL NO. FOUR: All of that certain lot or parc land, containing 9.6338 acres, more or less, and more particularly described by that certain "Boundary Surve Land of Chloe Juanita Sparks" dated June 7, 2004, draw Mark D. Smith, L.S., a copy of which is attached to an material part of that certain Deed dated June 21, 2004 Deed is of record in the aforesaid Clerk's Office as Instrument #040011523 and incorporated herein by refer if set out in full. TAX MAP NO. 75-A-107 PARCEL NO. FIVE: All of that certain lot or parcel of land, containing 10.3729 acres, more or less, as more particularly described particularly described by that certain "Boundary Survey of the Land of Chloe Juanita Sparks" dated June 7, 2004, drawn by Mark D. Smith, L.S., a copy of which is L • c c.� attached to and made a material part of that certain Deed dated June 21, 2004, which Deed is of record in the aforesaid Clerk's Office as Instrument 4040011523 and incorporated (herein by reference as if set out in full TAX MAP NO. 75-A-116 And being the same lots or parcels of land conveyed to Bowman and Glaize, L.C., a Virginia Limited Liability Company, by the hereinabove described Deed dated June 21, 2004, of record in the aforesaid Clerk's Office as Instrument No. 040011523. Reference is hereby made to the aforesaid instruments for a more particular description of the property herein conveyed. This conveyance is made subject to all easements, rights of way and restrictions of record affecting the subject property; provided, however, that the foregoing shall not be deemed in any way to reinstitute or republish any restrictions of record that may have expired or lapsed. The Grantor does hereby covenant that it has the right to convey to the Grantee; that the Grantee shall have quiet and peaceable possession of the said property, free from all liens and encumbrances; and it will grant such further assurances of title as may be requisite. WITNESS the following signature and seal: BOWMAN AND GLAIZE, L.C. By: i r� .. c:. C c �i Lk(SEAL) Fred L. Glaize, III, Manager/Member /11 I By: �kd Beverle B. Shoemaker, Member 9Coul Square COMMONWEALTH OF VIRGINIA AT LARGE 9 Court Squure . r 2nd Floor Winchester, VA CITY OF WINCHESTER, to -wit: The foregoing instrument was acknowledged before me on the 1" day of November, 2004, by Fred L. Glaize, III as Manager/Member of Bowman and Glaize, L.C., whose name is signed to the foregoing Deed dated the Ist day of November, 2004 ` f My commission expires 11 t l- NOTARY PUBLIC ,��• rtle COMMONWEALTH OF VIRGINIA, AT LARGE, CITY OF WINCHESTER, to -wit: The foregoing instrument was acknowledged before me on the Is' day of November, 2004, by Beverley B. Shoemaker as Member of Bowman and Glaize, L.C., whose name is signed to the foregoing Deed dated the 1" day% of November, 2004. / My commission expires NOTARY /PUBLIC THIS INSTRUMENT PREPARED BY: Michael L. Bryan 9 Court Square Winchester, VA 22601 540/545-4130 MLB/pmn c:\Deeds\Bowman and Glaize to Jasbo 0/26104 VIRGINIA: FREDERICK COUNTY, SCT-. litis instrument of writing was produced to me on y;7tr� . 9gti It•;a? 61:":,:;t.;;:: �:i :iCi.ilU\vit:cl�:'!i•.C:?t i.'!C'r,Ip aIll?Pxed '.�'a;::?chnit,iai to n;r,,r.i. T iril?usi-d i? Src. 5?i.1-302 of EXPM� f ut,d 58,1•801 have been paid, if assessable /� •v ,Clerk Michael L. Bryan 9 Court Square 2"" Floor Winchester, VA • I COMMONWEALTH OF VIRGINIA • i • Subject Property Deed and Plat Information Executed County Agreements Cedar Meadows Rezoning Application File #4074/EAW 31 Michael L Bryan 9 Court Square 2"1 Floor Winchester, VA 040011523 THIS DEED, made and dated this Sh of June, 2004, by and between CHLOE JUANITA, SPARK$, widow, hereinafter called the Grantor; and BOWMAN AND QLAZZE L.C,, a Virginia Limited Liability Company, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor does hereby grant and convey, with general warranty of title, unto the Grantee, in fee simple, all of those certain five lots or parcels of land, together with the improvements thereon and all rights, rights of way and appurtenances thereto belonging, lying and being situate on the Western side of White Oak Road (Rt. 636), in Opequon Magisterial District, Frederick County, Virginia, and being more particularly described as follows: PARCEL NO. ONE: All of that certain lot or parcel of land, containing 0.9768 acres, more or less, and being more particularly described by that certain "Boundary Survey of the Land of Chloe Juanita Sparks" dated June 7, 2004, drawn by Mark D. Smith, L.S., a copy of which is attached hereto and incorporated herein by reference as if set out in full; and being the same lands conveyed to T. S. Sparks, Jr. and Chloe Juanita Sparks, his wife, jointly for life, with remainder to the survivor in fee simple, by that certain Deed dated May 27, 1947, which Deed is of record in the Clerk's Office of the IlCircuit Court of Frederick County, Virginia in Deed Book 204, flat Page 235. Reference is hereby made to the aforesaid 11instruments for a more particular description of the property rein conveyed. TAX MAP NO. 75-A-114 • PARCEL NO. TWO: All of that certain lot or parcel of land, containing 1,5297 acres, more or less, and being more particularly described by that certain "Boundary Survey of the Land of Chloe Juanita Sparks" dated June 7, 2004, drawn by Mark D. Smith, L.S., a copy of which is attached hereto and incorporated herein by reference as if set out in full; and being the same lands conveyed to T. S. Sparks, Jr. and Chloe Juanita Sparks, his wife, for their joint lives upon the death of either to the survivor in fee simple, absolute, by that certain Deed dated August 26, 1955, which Deed is of record in the aforesaid Clerk's Office in Deed Book 238, at Page 55. Reference is hereby made to the aforesaid instruments for a more particular description of the property herein conveyed. TAX MAP NO. 75-A-115 PARCEL NO. THREE: All of that certain lot or parcel of land, containing 4.9311 acres, more or less, and being more particularly described by that certain "Boundary Survey of the Land of Chloe Juanita Sparks" dated June 7, 2004, drawn by Mark D. Smith, L.S., a copy of which is attached hereto and incorporated herein by reference as if set out in full; and being the same lands conveyed to George H. Sparks by that certain Deed dated May 27, 1947, of record in the aforesaid Clerk's Office in Deed Book 200, at Page 409. George H. Sparks died intestate on January 3, 1997, survived by his wife, Chloe J. Sparks, to whom title to the hereinabove described.tract or parcel of land passed under the laws of intestate succession, as more fully set forth in that certain Michael L.Bryan Affidavit dated January 17, 1997, of record in the aforesaid 9 Court Square 2iFloor Clerk's Office in Deed Book 873, at Page 128. Reference is Wincheesterster,, VA ers ce eeoog 2 hereby made to the aforesaid instruments for a more particular description of the property herein conveyed. TAX MAP NO. 86-A-153 PARCEL NO. FOUR: All of that certain lot or parcel of land, containing 9.6338 acres, more or less, and more particularly described by that certain "Boundary Survey of the Land of Chloe Juanita Sparks" dated June 7, 2004, drawn by Mark D. Smith, L.S., a copy of which is attached hereto and incorporated herein by reference as if set out in full; and being the same lands conveyed to T. S. Sparks, Jr. and Chloe Juanita Sparks, his wife, for their joint lives and upon the death of either to the survivor in fee simple absolute, by that certain Deed dated July 6, 1956, of record in the aforesaid Clerk's Office in Deed Book 246, at Page 525. Reference is hereby made to the aforesaid instruments for a more particular description of the property herein conveyed. TAX MAP NO. 75-A-107 PARCEL NO. FIVE: All of that certain lot or parcel of land, containing 10.3729 acres, more or less, as more particularly described particularly described by that certain "Boundary Survey of the Land of Chloe Juanita Sparks" dated June 7, 2004, drawn by Mark D. Smith, L.S., a copy of which is attached hereto and incorporated herein by reference as if set out in full; and being the same lands conveyed to George H. Sparks by that certain Deed dated September 21, 1960, of record in the aforesaid Clerk's Office in Deed Book 266, at Page 119. George H. Sparks died intestate on January 3, 1997, Michael L.Bryan survived by his wife, Chloe J. Sparks, to whom title to the 9 Court Square 2"Floor hereinabove described tract or parcel of land passed under the Winchester, VA er, Michael L. Bryan 9 Court Square 2nd Floor Winchester, VA laws of intestate succession, as more fully set forth in that certain Affidavit dated January 17, 1997, of record in the aforesaid Clerk's Office in Deed Book 873, at Page 128. Reference is hereby made to the aforesaid instruments for a more particular description of the property herein conveyed. TAX MAP NO. 75-A-116 The Grantor hereby covenants and warrants that T. S. Sparks, Jr. died on January 18, 1960, and that subsequent to the death of T. S. Sparks, Jr., on June 8, 1962, the Grantor married George H. Sparks, who died intestate on January 3, 1997, as referenced hereinabove. This conveyance is made subject to all easements, rights of way and restrictions of record affecting the subject property; provided, however, that the foregoing shall not be deemed in any way to reinstitute or republish any restrictions of record that may have expired or lapsed. The Grantor does hereby covenant that she has the right to convey to the Grantee; that the Grantee shall have quiet land peaceable possession of the said property, free from all Iliens and encumbrances; and she will grant such further assurances of title as may be requisite. WITNESS the following signature and seal: CHLOE JUAXITA SPAR STATE OF VIRGINIA, AT LARGE, CITY/ ? OF 1 , to -wit The foregoing instrument was acknowledged before me on 4 0 0 the A?lAL- day of June, 2004, by Chloe Juanita Sparks, whose name is signed to the foregoing Deed dated the dl'*- day of June, 2004. My commission expires "7/a NOTLIC ,r THIS INSTRUMENT PREPARED BY: a y Michael L. Bryan 9 Court Square Winchester, VA 22601 `�, �' •••.•..'�� 540-545-4130 Deeds\Sparks to Bowman and Glaize Michael L. Bryan 4 Court Square 2" Fluor Winchester. VA 5 C c c. C com O yl O to IRF o of�,s stiff G. � o� �Q� c TM 75—((A))-115 _----CHLOE JUANITA SPARKS DB. 238 PC. 55 IRS N 32' 13'31 ' E 264.00' I � I z `� TM 75-((A))-114 0"+ �lN 0.9768 ACRES to � o m S 31'5254' W IRF IRS 264.00' N 11'5254' E WHITE OAK ROAD 47.03' 40' RIW (OB. 330 PG. 300) IRS= 112" IRON REBAR WITH CAP SET IRF IRON REEAR FOUND R/W RIGHT OF WAY —X— FENCE 1. NO TTTLE REPORT FURNISHED. EASEMENTS OTHER THAN SHOWN MAY EXIST. 2. THE BOUNDARY INFORMAT70N SHOWN HEREON IS BASED ON A CURRENT F7ELD SURVEY BY THIS FIRM. J. CURRENT OWNER OF RECORD: TM 75—((A))-114 CHLOE JUANITA SPARKS 60 0 60 OB. 204 PC. 235 4. NOT ALL IMPROVEMENTS ARE SHOWN. GRAPHIC SCALE (IN FEET) BOUNDARY SURVEY OF THE LAND OF tARK CHLOE JUANITA SPARKS OPEQUON MAGISTERAL DISTRICT, FREDERICK COUNTYVIRG!SCALE: 1' - 60' DATE: 08 07 04 GREENWAYYE� NG NEERING LANE Engineers WINCHES11M, VA. 22602 Surveyors TELEPHONE: (540) 662-4186 FAX: (640) 722-9628 naWod its 1971 www.greenwayeng.com 4074 SHEET 1 100 �l�5 e%�Gv�o9s0 TM 75-((A))-11 JQ CHLOE JUANITA SPA DB. 873 PG. 121 SEE ALSO: DB. 200 P N 32.02'18" E 317.80 Z TM 75-((A))-115 1.5297 ACRES IRS S 32' 13'31 " W IRF 264.00' 2 '� TU 75-((A))-114 �I y o .23' CHLOE JUANITA SPARKS OB. 238 PG. 55 N S 31'5254" wj—, I 47.03' RS IRF NOTE SEE SHEET 2 FOR LEGEND AND NOTES. 66' c WHITE OAK ROAD 40' R/W (OB. 330 PG. 300) 60 0 60 GRAPHIC SG1L.E (IN FEET) BOUNDARY SURVEY OF THE LAND OF CHLOE JUANITA SPARKS OPEQUON MAGISTERIAL DISTRICT, FREDERICK COUNTY, WRGIN14 SCALE: 1" = 60, 1 DATE: 06/07/04 GREENWAY ENGINEERING 151 WINDY HILL LANE Engineers WINC1iPSM, VA. 22602 Surveyors TELEPHONE: (540) 882-4185 FAX (540) 722-9528 ounded in 187f www.greanwayoug.com IRK D. SMITH No.0020o9 G,7cC,k-k lESELYl1 mw IRS— 1/2" IRON REAR WITH CAP SET IRF IRON REBAR FOUND R/W RIGHT OF WAY —X— FENCE NOTES.' 1. NO TITLE REPORT FURNISHED. EASEMENTS OTHER THAN SHOWN MAY EXIST. 2. THE BOUNDARY INFORMATION SHOWN HEREON IS BASED ON A CURRENT F7E7-D SURVEY BY THIS F7RM. J. CURRENT OWNER OF RECORD: TM 75—((A))-115 CHLOE JUANITA SPARKS DB. 2J8 PG 55 4. NOT ALL IMPROVEMENTS ARE SHOWN. BOUNDARY SURVEY OF THE LAND OF CHLOE JUANITA SPARKS OPEQUON MAGISTERIAL DISTRICT, FREDERICK COUNTY, ORGIN14 MAPDSMITH SCALE: 1" — N/A I DATE: 08 07 04 No.002009 GREENWAY ENGINEERING,?�GLI 1WINDYHa.L IANX Engineers fNCHESTEi, VA. 22802-$ Surveyors TE"HONE: (540) 862-4185 TAX: (540) 722-9528 lounded in 1971 www.greenwayang.com 4D74 SHEET 2 OF 0 �0�5 �0 5� JQ� G TW 75 — ((A)) — 11 7A COUNTY OF FREDERICK DB. 441 PG. 97 IRF N 32'15'18' E 2 1.30' — TM 86-((A))-151 EDGAR P. CHAPMAN, ET UX 08. 954 PG. 885 TW 86-((A))-152 EDGAR A CHAPMAN, Er UX OB. 954 PG. 885 TM 75-((A))-116 I CHLOE JUANITA SPARKS 06. 873 PG. 128 SEE ALSO: DB. 200 PG. 409 IRF N 32.02'1�' E 377.4 TM 86-((A))-153 4.9311 ACRES _ S 31'5254" W 613.25' WHITE OAK ROAD 40' R/W (DB. 330 PC. 300) Fl �FNn IRS- 1/2" IRON REBAR WITH CAP SET IRF IRON RESAR FOUND R/W a RIGHT OF WAY -X- = FENCE 7.Wl cr y TW 75-((A))-115 CHLOE JUANITA SPARKS DB. 238 PG. 55 -"- TW 75—((A))-114 � CHLOE JUANITA SPARKS v DB. 238 PG. 55 N 31'52'54' E IRF IRS 317.04'_" 1. NO TITLE REPORT FURNISHED. EASEMENTS OTHER THAN SHOWN MAY EXIST. 2. THE BOUNDARY INFORMAT70N SHOWN HEREON IS BASED ON A CURRENT FIELD SURVEY BY THIS FIRM. J. CURRENT OWNER OF RECORD: TM 86—((A))-153 CHLOE JUANITA SPARKS 150 0 150 DB. 873 PG.128 SEE ALSO: DB. 200 PG. 409 4. NOT ALL IMPROVEMENTS ARE SHOWN. GRAPHIC SCALE (1N FEET) BOUNDARY SURVEY CNo. OF THE LAND OF CHLOE JUANITA SPARKS OPEQUON MAGISTER6AL DISTRICT, FREDERICK COUNTY, WRGINASCALE: 1" 150' DATE: 08 07 04 GREENWAYYENGINEERING Engineers "CHESTER. VA. HILL 22602 Surveyors TELEPHONE: (540) 862-4185 FAX: (540) 722-2528 nwuWd in 1971 www.greenwayang.com 4074 SHEET 1 01 �g�P11 OF �5 �°e5E 0 N 51729'01 ' W 100.42' 1 TIN 75-((A))-108 GROVER ELµWOOD BUR4CKER DB. 414 PG. 589 TM 75-((A))-106 BAnJS INVESTMENTS DB. 606 PG. 136 _ N,�i2 02'02' E 11 857.47' a TM 75-((A))-107 9.6338 ACRES IRS W S 31'51 '03' g W l 451.67 WMTE OAK ROAD 40' R/W (DB. 330 PG. 300) LEG Q IRS= 112' IRON REBAR WJTH CAP SET IRF - IRON RESAR FOUND R/W - RIGHT OF WAY -X- = FENCE 7M 75-((A))-117 JASBO, INC 08. 456 PG. 32 FENCE POST S 32'02'02' W z o r � o po v iA 00 FENCE POST FOUND IRS 1. NO TITLE REPORT FURNISHED. EASEMENTS OTHER THAN SHOWN MAY EXIST. 2. THE BOUNDARY INFORMATION SHOWN HEREON IS BASED ON A CURRENT FIELD SURVEY BY THIS FIRM. J. CURRENT OWNER OF RECORD: TM 75-((A))-107 CHLOE JUANITA SPARKS 150 0 150 08. 246 PG. 525 4. NOT ALL IMPROVEMENTS ARE SHOWN. GRAPHIC SCALE (IN FEET) BOUNDARY SURVEY � OF THE LAND OF CHLOE JUANITA SPARKS OPEQUON MAGISTERIAL DISTRICT, FREDERICK COUNTY, ORGIN14 MARK D. SMITH SCALE: 1" - 150' DATE: 08 07 04 No.002009 GREENWAY ENGINEERING l ��L 151 WINDY HIIL UNE ,70 Engineers WINCHESTER, VA. 22602 Surveyors TELEPHONE: (640) 882-4188 47FAX: (540) 722-9028 ounded in 1971 www.greenwayang.com 4074 SHEET 1 OF 1 TA4 INC.l 17 r1P�0 JASBO, OaO�JP 0 D8. 456 PG. 32 G�'DpS FENCE POST ---N ---, FOUND IRF 32'41?7' E . I 32 .8f' I I I�3 I � $ I TM 75 — ((A)) — 17 7A h POND~ COUNTY OF FREDERICK 2 DB. 441 PG. 97 I FENCE POST yF FOUND J �I J � � tl 5 p�1 TM 76-((A))-116 10.3729 ACRES I IRF I I z I i 01 II N IIo I � IRF IRF I S J2'02' 18' W 695.25 1 0 SHED I N I o, N TM 86—((A))-153 TM 75—((A))-115 � CHLOE JUANITA SPARKS CHLOE JUANITA SPARKS p, I u N OB. 873 PG. 128 D8. 238 PG. 55 �D �' SEE ALSO: DB. 200 PG. 409 I ctin I � I 150 0 150 IRF GRAPHIC SCALE NOTE. • SEE SHEET 2 FOR I... - LEGEND AND NOTES. BOUNDARY SURVEY OF THE LAND OF CHLOE JUANITA SPARKS OPEQUON MAGISTERIAL DISTRICT, FREDERICK COUNTY, SCALE: 1' s 150' DATE: 06/07/04 GREENWAY ENGINE 151 WINDY HII.1. LANE Engineers WINCHESTER, VA. 22002 Surveyors TELEPHONE: (640) 862-4186 FAX: (540) 722-0628 ounded in 1971 www.graenwayeng.com WHITE OAK ROAD ARK D. SIAII No.002009 Lf71GL1 LEGEN IRS— 1/2" IRON REBAR WITH CAP SET IRF a IRON RESAR FOUND R/W — RIGHT OF WAY —X— = FENCE 1. NO TITLE REPORT FURNISHED. EASEMENTS OTHER THAN SHOWN MAY EXIST. 2. THE BOUNDARY INFORMA77ON SHOWN HEREON IS BASED ON A CURRENT FIELD SURVEY BY THIS FIRM. 3. CURRENT OWNER OF RECORD: TM 75—((A))-116 CHLOE JUANITA SPARKS DB. 873 PG.128 SEE ALSO: DB. 200 PG. 409 4. NOT ALL IMPROVEMENTS ARE SHOWN. VIRUIN1A: FREDERICK COUNTY, SCT. is u3strtrrtrent of writing was producod tome an C-.l,at with certificate of aeknowkTpnicnt thereto annexed was admitted to record. T imposed by Sec. 58.1-802 of and 58.1-801 have been paid, if am -able 4ew�,Clerk BOUNDARY SURVEY OF THE LAND OF CHLOE JUANITA SPARKS OPEQUON MAGISTER14L DI57R1CT, FREDERICK COUNTY, WRGIN14 SCALE: 1" N/A I DATE: 06/07/04 GREENWAY ENGINEERING 151 WINDY HILL LANE Engineers WINCHESTER, VA. 22602 Surveyors TELEPHONE: 540) 682-4185 _K47 FAX: (640) 722-9628 Founded in 1971 www.gresitwayong.com FrA MARK D. —S46 No.002009 03-23-2006 16:52 From-MICHAEL L BRYAN 5405454130 T-530 P.002/00T F-451 —I 060005623 THIS DEED OF EASEMENTS, made and dated this QQ of Match, 2006, by and between SPARKS PROPERTY L.L.C., a Virginia limited liability company,! hereinafter "Jasbo", and the COUNTY OF "Sparks", JASBO INC., a Virginia corporation, hereinafter FREDERICIZ VIRGINIA, hereinafter "Frederick County". RECITALS: A. Frederick County is vested with fee simple title to that certain tract of land containing 68.180 acres, more or less, situate north of Fairfax Pike (Route 277) jin Opequon Magisterial District, Frederick County, Virginia; having acquired said tract by that certain Deed of record in the Clerk's Office of the Circuit Court of Frederick County, Va. in Deed Boole 441, at Page 97 and by that certain Boundary Line Adjustment Agreement dated February 11, 1999, of record in the aforesaid Clerk's Office as InstrumentNo.990004249 (Deed Book933, at Page 1718). Tax Map No. 75-A-117A (the "Park Lands"). B. Sparks is vested with fee simple title to that certain parcel of land' containing 4.9311 acres, more or less, fronting on the western side of White Oak Road (Va. route 636) in Opequon Magisterial District, Frederick County, Virginia; having acquired said parcel of land by that certain Deed of record in the aforesaid Clerk's Office as InstnunentNo.050,007167. Tax Map No_ 86-A-153 (the "Sparks Parcel"). C. Jasbo is vested with fee simple title to that certain parcel of land containing 10,3729 acres, more or less, located northwest of White Oak Road (Va. Route 636) in Opequon Magisterial District, Frederick County, Virginia; having acquired said parcel of land by that certain Deed of record in the aforesaid Clerk's Office as Instrument No.040022470. Tax Map No. 75-A-116 (the "Jasbo Parcel"). D. Frederick County has agreed to grant and convey unto Jasbo and Sparks, and unto each of them, a temporary grading easement over a portion of the Park Lands (the: "Temporary Grading Easement") , designated as "100` Temporary Grading Easement Betw!:en Parcels Micliael L. Bryan 9 Court Square 75-((A))-116 of Jasbo, Inc., 86-((A))-153 of Sparks Property, L.L.C. & 75-((A))-117A of the z,4 Floor Winchester, VA County of Frederiek"on the attached plat titled "Exhibit Plat Utility & Temparary Grading 03-23-2008 16:52 From-MICHAEL L BRYAN chael L. Bryan Court Syuaro 2'0 Floor linchester, VA 5405454130 0 T-630 P.003/007 F-451 a cr UO Easements Between Parcels 75-((A))-117A; 75-((A))-116 & 86-((A))-153" dated:March 16, 2006, drawn by Greenway Engineering (the "Easement Plat"), a copy if which is attached hereto and made a material part hereof, as more fully set forth hereinafter. E. In exchange for the grant of the Temporary Grading Easement set forth above, Jasbo has agreed to grant and convey unto Frederick County a utility easement over 6 portion of the Jasbo Parcel (the "Utility Easement") designated as "20' Utility Easement 13etwc;en Parcels 75-((A))-116 of Jasbo Inc. & 75-((A))-117A of the County of Frederick" on the attached Easement Plat to allow for the connection by Frederick County to water and sewer lines which are to be hereafter installed by Jasbo within the Utility Easement as part of the ;residential development of the Jasbo Parcel and thereby extend public water and sewer service to the Park Lands, as more fully set forth hereinafter. NOW THEREFOREWITNESSETH: That for and inconsideration of thesum of Ten Dollars ($ 10.00), cash in hand paid by each of the parties hereto unto the other, the keceipt and sufficiency of which is hereby acknowledged, and other consideration deemed adequate at law, the parties do hereby agree as follows: in full. The Recitals are incorporated herein and made a material part hereof as if set out 2. The County hereby grants and conveys unto Jasbo and Sparks, and each of them, the Temporary Grading Easement as more particularly described on the attached Easement Plat. Jasbo and Sparks, and each of them, shall have the reasonable right of entry upon the Park Lands for purposes of grading within the confines of Temporary Grading Easement. 3. Jasbo hereby grants and conveys unto Frederick County the Utility Essement as more particularly described on the artached Easement Plat for the sole purpose of allowing Frederick County to connect to such water and sewer lines as are hereafter installed by Jasbo within the confines of the Utility Easement so as to allow for the extension of public water and sewer service to the Park Lands. Frederick County shall have the reasonable right of:,entry upon the Jasbo Parcel in order to make such utility connections. The costs of such utility connections 3 03-23-2006 16:52 From-MICHAEL L BRYAN 5405454130 T-530 P.004/007 F-451 and the extension of utility service to the Park Lands, together with the repair of any land disturbance caused by the installation of such utility connections, shall be at the s41e cost and expense of Frederick County. 4. Frederick County retains the right to the use of the lands subject to !the Temporary Grading Easement hereby conveyed in any manner which shall not interfere with the use and enj oyment of said Temporary Grading Easement by Jasbo and Sparks. Frederick County shall, at all times, have the right to cross over and upon the Temporary Grading Easement and i to use the surface of the Temporary Grading Easement in such manner as will neither injure nor interfere with the use and enjoyment of the Temporary Grading Easement, ex.tept that no I building or other structure shall be erected over said Temporary Grading Easement unless by mutual consent of the parties hereto. S. Jasbo retains the right to the use of the lands subject to the Utility basement hereby conveyed in any manner which shall not interfere with the use and enjoyment of said Utility Easement by Frederick County. Jasbo shall, at all times, have the right to cross over and upon the Utility Easement and to use the surface of the Utility Easement in such rrianner as will neither injure nor interfere with the use and enjoyment of the Utility Easement, except that no building or other structure shall be erected over said Utility Easement unless by mutual consent of the parties hereto. WITNESS the following signatures and seals: THE COUNTY QF FRED PMCK, r/IRGINIA Ey: (SEAL) Its: ''4y�r STATE OF VIRGMAY,�AT LARGE, CITY/COUNTY OF 1 S CldIPYl�r , to -wit: The foregoing instrument was acknowledged before me on the.2ai day of Ma" , 2006 by �� _ +� �:1�.• `tr as (�c,� Admi�fThe County ofFrede�ick, Virginia. Michael L. Bryan My commission expires 1l -30 - sore 9 Court Square 211 Floor rr; Notary u is Winchester, VA 03-23-2000 16:62 From-MICHAEL L BRYAN ichael L. Bryan Court Square 2'd Floor Vinchestur, VA 6406464130 T-630 P.006/007 F-451 O —J SPARKS PROPERTY, L.L.C. By: 6 / DVdl JJ1QA'120 Beverley . Shoemaker, Metnber/Man JASBO, INC. By: P 14Beverley B. hoemaker, Presidenr STATE OF VIRGINIA�,(�T LA GE, CITY/C LIXTY OF Wi nGiit o , to -wit: The foregoing instrument was acknowledged before me onthaz— day of 20 by Beverley B. Shoemaker as Member/Manager of Sparks Property, L.L.C. My commission expires -i b,lob A STATE OF VIRGINIA��, �AT L GE, t CITY/ettNT OF Wi ft , to -wit: The foregoing instrument was acknowledged before me on thec �'day of by Beverley B. Shoemaker as PresidentofJasbo, Inc. My commission expires 1I09-9003WAL Notary'Public MLB/pmn cADeeds\Sparks Properties Deed of Easerncnr 3/18/06 5 03-23-2006 16:53 From-MICHAEL L BRYAN 5405454130 T-530 P 006/007 F-451 At ,. TM: 15-(1 A))-IIIA COUNTY OF FREDERICK DB: 441, PAGE: 91 ZONED: RA USE: PU5LIC PARK C 100' TEMPORARY CiRADW-2 EASEMENT 5ETWEEN PARCELS — 15-((A))-Ilb OF JA350 INC. 86-((A))-153 OF SPARKS PROPERTY, LLC 4 15-((A))-IIIA OF THE COIAITY OF FREDERICK TM 86-!lA))-151 EDGAR P. CHAF-MAN, ET UXI D5. 1354 PCs. 885 TM 86-1(A)J-152 EDGAR P. CHAPMAN, ET D5. e54 PCs. 885 150 0 150 GRAPHIC SCALE UTILITY & BETWEEN PARCELS 20' UTILITY EASEMENT BETUEEN PARCELS — 15-((A))-Ilb OV JASBO INC. 4 15-((A))-111A OF THE COUNTY CIF RidEDERICK O TM: l5-!lA))-116 JA550 INC. INSTk 040022410 ZONED: RA USE: RESIDENTIAL O TM: 86-(lA)) 153 5PARKS PROPERTY LLC r IN5T': 05WO1161 � x ZONED: RA USE: RESIDENTIAL X w—w--E, X =z r: X. EXHIBIT PLAT TEMPORARY GRADING EASEMENTS 75- ((A)) -1 17A; 75- ((A)) -1 16 & 86- ((A)) -1 OPEOUON DISTRICT — FREDERICK COUNTY, VIRGINIA SCALE: 1 " = 150' 7 DATE: MARCH 16, 2006 GREENWAY ENGINEERING 151 Windy Hill Lane Engineers nchester, Ptiginia 22602 Surveyors WiTalaphnne! (5dO) 662-4185 FAX.- (540) 722-9528 Founded in 1971 www.greenwayeng.com 4074 SHEET 1 OF 1 03-23-2006 16:63 From-MICHAEL L BRYAN 6405454130 T-630 P.007/007 F-451 10 v VIRGINIA: FRED RICK COUNTY. OCT. 1'bis ,06pvment of writing was produced to tue an at `% Z 6 �A ego annexed and with cec11 icat" of acknowlctTgement�ihc� 38. 802 of was admitted to record_ -r + up�cd b7 Si� , and 59.1.8011iave becn paid, if assessable n N r ,r o CDr1, 0 tV Michael L. Bryan 9 Court Square 2"' Floor Winchester, VA 050028552 THIS DEED OF LIMITED ACCESS EASEMENT, made and dated this to 43-- of Luem 2005, by and between SPARKS PROPERTY, L.L.C., a Virginia limited liability company, hereinafter "Sparks", and THE COUNTY OF FREDERICK, VIRGINIA, hereinafter "Frederick County". RECITALS: A. Frederick County is vested with fee simple title to that certain tract of land containing 61.150 acres, more or less, situate north of Fairfax Pike (Route 277) in Opequon Magisterial District, Frederick County, Virginia. Tax Map No. 75-A-117A (the "Park Lands"). B. Sparks is vested with fee simple title to that certain parcel of land containing 4.9311 acres, more or less, fronting on the western side of White Oak Road (Va. Route 636) in Opequon Magisterial District, Frederick County, Virginia. TaxMapNo.86-A-153(the"Sparks Lands"). C. Sparks has agreed to grant and convey unto Frederick County a limited right of way or easement for purposes of ingress/egress over a portion of the Jasbo Lands from White Oak Road to the Park Lands, as more fully set forth hereinafter. NOW THEREFORE WITNESSETH: That for and in consideration ofthe sum of Ten Dollars ($10.00), cash in hand paid by each of the parties hereto unto the other, the receipt and sufficiency of which is hereby acknowledged, and other consideration deemed adequate at law, the parties do hereby agree as follows: I in full. 1. The Recitals are incorporated herein and made a material part hereof as if set out 2. Sparks hereby grants and conveys unto Frederick County a limited right of way or easement for purposes of vehicular ingress/egress from White Oak Road to the Park Lands, described as "Private Ingress/Egress Easement To Provide Frederick County Parks And Recreation Department Maintenance Vehicle Access To Tax Map Parcel 75-((A))-117A" on that certain "Exhibit Plat Ingress/Egress Easement to TM Parcel 75-((A))-117A" dated May, 2005, prepared by Greenway Engineering, attached hereto and made a material part hereof as if set out w Michael L. Bryan 9 Court Square 2"" Floor Winchester, VA i in full (the "Limited Ingress/Egress Easement'). 0 0 The Limited Ingress/Egress Easement granted herein shall be deemed an easement in gross in favor of the Grantee only, shall not be deemed perpetual or appurtenant and shall not run with the title to the Sparks Lands. 4. The Ingress/Egress Easement shall be for the sole and exclusive purpose of vehicular access by Frederick County, and only Frederick County, and shall not be used for purposes of public access to the Park Lands. Frederick County shall be solely responsible for the maintenance of the Ingress/Egress Easement. WITNESS the following signatures and seals: STATE OF VIRGINIA, 4T LARGE, SPARKS PROPERTY, L.L.C. By: 4,1,,&4, 44,%%//� (SEAL) Beverle} . Shoemaker, Membgrh4gi ,alter THE COUNTY OF FREDERICk; VIRGINIA6��, By: ' . � tTAL). Its: ' CITY,C4IU1,I1Y OF / to -wit: ''' ,f ;' The foregoing instrument was acknowledged before me on the 74day I 1 iY 2005 by Beverley B. Shoemaker as Member/Manager of Sparks Property, L.L.C. My commission expires % & !dle Notary Public STATE OF VIRGINIA, AT LARGE, CITY/COUNTY OF 'A� ",r,jk , to -wit: The foregoing instrument was acknowledged before me on the(;""' day off,(_ • , 2005 byas C_a - d L;v,;� `�I he County of Frederick, Virginia' My commission expires Uc`� MLB/pmn c:\Deeds\lasbo - Cedar Meadows Deed of Easement 11/14/05 (!-,yTU�Y3 CJG_ Notary Publ`c)~ �p ��lllll� TM: 15-((A))-IIIA COUNTY OF FREDERICK DB: 441, PAGE: 91 ZONED: RA USE: PUBLIC PARK O .C'- TM: 15-((A))-116 JASBO INC. INST": 040022410 ZONED: RA USE: RESIDENTIAL / I PRIVATE INGRESS / EGRESS EASEMENT TO PROVIDE TM: a6 ((A))-15I FREDERICK COUNTY PARKS AND CHAPMAN, EDGAR 4 RECREATION DEPARTMENT JENNIFER D. MAINTENANCE VEHICLE ACCESS TO DB: 954, PAGE: 885 30' ZONED: RA TAX MAP PARCEL I5-((A))-IIIA USE: RESIDENTIAL TM: 86-((A))-153 BUFFER DISTANCE AREA JASBO INC. INST*: 040022410 ZONED: RA USE: RESIDENTIAL TM: 86-((A))-152 CHAP h IAN, EDGAR 4 JENNIFER D. DB: 954, PAGE: 885 ZONED: RA 1 USE: RESIDENTIAL 20, VA ROUTE 636 - WHITE OAK ROAD 40' RAU 00 O 100 200 SCALE: 1" = 100' EXHIBIT PLAT INGRESS / EGRESS EASMENT TO TM PARCEL 75 - ((A)) - I 1 7A OPEQUON DISTRICT — FREDERICK COUNTY, VIRGINIA SCALE: 1 = 7 00 " 1 DATE: MAY 2005 GREENWAY ENGINEERING 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX.- (540) 722-9528 Fouudcd m 1971 www.greenwayeng.com 2524E SHEET 1 OF 1 9 0 virzouNIA- FRr-DERICK M., UNW. SCr. 'Ibis inkIrwnent of wfithig was produced to mi-"Olt �' 45-Mi and WITH certificate of ack aloviledl,-eallent thereto annexed Was adnvttedtorecord.T imposed by See. 58.1-8024of and 53.1-801 have been paid, if assessable 3rC7v Y 0 ichaei L. Bryan Court Square 2"d Floor Vinchester, VA rl ` v I Q M 050028553 THIS DEED OF VACATION OF EASEMENT, made and dated this 164 of Vern 2005, by and between JASBO. INC., a Virginia Corporation, hereinafter "Jasbo", and THE COUNTY OF FREDERICK, VIRGINIA, hereinafter "Frederick County". RECITALS: A. Frederick County is vested with fee simple title to that certain parcel of land containing 61.150 acres, more or less, situate northwest of White Oak Road (Va. Route 636) in Opequon Magisterial District, Frederick County, Virginia. Tax Map No. 75-A-117A (the "Park Lands"). B. Jasbo is vested with fee simple title to those certain parcels of land, situate northwest of White Oak Road (Va. Route 636) in Opequon Magisterial District, Frederick County, Virginia, containing 4.9311acres, more or less, Tax Map No. 86-A-153, 1.5297 acres, more or less, Tax Map No. 75-A-115, 0.9768 acres, more or less, Tax Map No. 75-A- 114, and 9.6338 acres, more or less, Tax Map No. 75-A-107 (collectively, the "Jasbo Lands"). C. Baylis Investments, a Virginia Partnership (`Baylis") is vested with fee simple title to that certain lot or parcel of land containing 2.26 acres, more or less, situate on the Northeastern side of Pewter Lane, in Opequon Magisterial District, Frederick County, Virginia. Tax Map No. 75-A-106 (the "Baylis Parcel"). D. Pewter Lane has been variously designated as a 30' right of way and a 50' right of way by various plats of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, including the following: 1. That certain plat dated June 26, 1956 drawn by Richard U. Goode, C.S., tttached to that certain Deed dated September 17, 1957, which Deed is of record in the "lerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 248, at Page i85. 2. That certain plat dated June 16, 1956 drawn by Richard U. Goode, C.S. ttached to that certain Deed dated July 6, 1956, which Deed is of record in the aforesaid CD Ul • Q --_l Clerk's Office in Deed Book 246, at Page 525. 3. That certain plat dated September 7, 1960 drawn by Richard U. Goode, C.S., attached to that certain Deed dated September 21, 1960, which Deed is of record in the aforesaid Clerk's Office in Deed Book 266, at Page 119. The Baylis Parcel is a portion of the lands acquired by Baylis Investments by that certain Deed dated October 7, 1993, of record in the aforesaid Clerk's Office in Deed Book 806, at Page 136 (Parcel Four). Tax Map No. 75-A-106. E. Frederick County has agreed to forever release, waive, terminate and extinguish any right of way or easement (if any in fact exists), whether acquired by deed, by prescription, or otherwise, extending from the northwestern boundary of the Baylis Parcel to the Park Lands, including, but not limited to, a portion of Pewter Lane designated as "EX. Pewter Lane 50' R/W to be Vacated from this Point to Hatch Limits" (collectively, the "Extinguished R/W"), as more particularly described on that certain "Exhibit Plat Vacation of Right of Way for Portion of Pewter Lane" dated May, 2005 drawn by Greenway Engineering (the "Plat"), a copy of which is attached hereto and made a material part hereof as if set out in full. NOW THE, WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid by each of the parties hereto unto the other, the receipt and sufficiency of which is hereby acknowledged, and other consideration deemed adequate at law, the parties hereby agree as follows: 1. The Recitals are incorporated herein and made a material part hereof as if set out in full. 2. Frederick County hereby forever waives, terminates and extinguishes all right, title, and interest, of whatsoever nature and howsoever held, in and to the Extinguished R/W. lchael L. Bryan 3. The waiver, termination and extinguishment of the Extinguished R/W, as set Court Square 2"' Floor forth herein, shall extend to and be binding upon the respective successors and assigns of Vinchester, VA Jasbo and Frederick County. 0 0 Cn 0 rn WITNESS these signatures and seals: JASBO, INC. By: M(SEAL) Beverley . Shoemaker, President THE COUNTY OF FREDERICK, VIRGINIA By: (SEAL) Its: STATE OF VIRGINIA, AT LARGE, CITY/C-Or'm;-T-OFMn",, The foregoing instrument was acknowledged before me on the V*5- day of 2005, by Beverley B. Shoemaker, President of Jasbo, Inc. My commission expires ` k I ICILG NOTA Y PUBLIC STATE OF VIRGINIA, AT LARGE, CITY/COUNTY 017', .c� rN,i �s , The foregoing instrument was acknowledged before me on the �U-Lka day of xLw—V,"2005, by Y �; `- r . as (n� 1 n�;,�:,�Lve cloof The County Frederick, Vi . ia. My commission expires i),Oy`1 �,,,,','.....,1'. '-•,, . NOTARY P LIC ,s Q - MLB/pmn cADeedsVasbo Deed or Vacation ichael L. Bryan Court Square 2n' Floor Vinchester, VA • Cb �1� TM: l5-llA))-IIIA GDUNTY OF FREDERIC DB: 441, PAGE: 91 ZONED: RA •US.9;�PUBLIC PARK ( _yJ 15-((A))-II6 A550 INC. 5 040022410 _OWED: RA USE: RESIDENTIAL TM: 86-((A))-153 JASBO INC. INST':040022410 ZONED: RA USE: RESIDENTIAL 0 (n TM: 15-(1 A)) -Ill JASBO INC. DB: 456 PCs: 31 ZONED: RP USE: RESIDENTIAL EX PEWTER LANE 50' R U TO BE VACATED FROM THIS POINT TO HATCH LIMITS Its ft 15-UA 106 YL �IS 4 TMENTS DB: 806, PAGE: 136 TM: 15-(1 A))-101 -y JAS50 INC. INST•: 040022410 ZONED: RA USE: RESIDENTIAL 150 0 150 GRAPHIC SCALE b-`IIA�I EXHIBIT PLAT VACATION OF RIGHT OF WAY FOR PORTION OF PEWTER LANE OPEOUON DISTRICT - FREDERICK COUNTY VIRGINIA SCALE.- 1 " = 150' DATE.' MAY 2005 GREENWAY ENGINEERING -�o 151 Windy Hill Lane Engineers Winchester, Vrginia 22602 Surveyors Telephone: (540) 662-4185 FAX.- (540) 722-9528 Founded in 1971 www.greenwayeng.com 25248 SHEET 1 OF 1 i JASBO INC. INST': 040022410 ZONED: R4 USE: RESIDENTIAL 15-(lA))-114 ! ASBOINC. j I� �L• �ta�400�410- it 4; SEED: R4 WRAIP "P%(j'NTLk' CK COUNTY. SCT. 7lds imarmne4it of writing was produced to n.,e on 'It o acknowledgement road%vifh cei�iirjcthereto annexed was admitted lorccord.-P4riposed by Sec. 58.1-802 of 5& I-Ml hrc a been paid, if assessable Clerk t i Qichaei L. Bryan 9 Court Square 2nd Floor Winchester, VA 06000071a THIS DEED OF VACATION OF EASEMENT, made and dated this -LL�ttay of January, 2006, by and between JASBO. INC., a Virginia Corporation, hereinaftel- "Jasbo", THE COUNTY OF FREDERICK, VIRGINIA, hereinafter "Frederick County", and SPARKS PROPERTY, L.L.C., a Virginia Limited Liability Company, hereinafter "Sparks". RECITALS: A. Frederick County is vested with fee simple title to that certain parcel of land containing 61.150 acres, more or less, situate northwest of White Oak Road (Va. �oute 636) in Opequon Magisterial District, Frederick County, Virginia. Tax Map No. 75-Ai 117A (the "Park Lands"). B. Jasbo is vested with fee simple title to those certain parcels of land, situate northwest of White Oak Road (Va. Route 636) in Opequon Magisterial District, Irederick County, Virginia, containing 4.9311acres, more or less, Tax Map No. 86-A-153, :1.5297 acres, more or less, Tax Map No. 75-A-115, 0.9768 acres, more or less, Tax Map No. 75-A- 114, and 9.6338 acres, more or less, Tax Map No. 75-A-107 (collectively, the "Jasbo Lands"). C. Sparks is vested with fee simple title to that certain lot or parcel of land containing 2.26 acres, more or less, situate on the Northeastern side of Pewter Lane, in Opequon Magisterial District, Frederick County, Virginia, Tax Map No. 75-A-106 (the "Sparks Parcel'). The Sparks Parcel is the same lands acquired by Sparks by that certain Deed dated December 20, 2005, of record in the aforesaid Clerk's Office as Instrilment No. 050029421. D. Pewter Lane has been variously designated as a 30' right of way and a 50' right of way by various plats of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, including the following: 1. That certain plat dated June 26, 1956 drawn by Richard U. (:toode, C.S., attached to that certain Deed dated September 17, 1957, which Deed is of record ;in the p w Michael L. Bryan 9 Court Square 2"° Floor Winchester, VA I Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 2148, at Page 585, 2. That certain plat dated June 16, 1956 drawn by Richard U. Goode, C.S. attached to that terrain Deed dated July 6, 1956, which Deed is of record in the aforesaid Clerk's Office in Deed Book 246, at Page 525. 3. That certain plat dated September 7, 1960 drawn by Richard U. Goode, C.S., attached to that certain Deed dated September 21, 1960, wluch Deed is of record in the aforesaid Clerk's Office in Deed Book 266, at Page 119. E. Jasbo, Sparks and Frederick County has agreed to forever release, •;waive, terminate and extinguish any right of way or easement (if any in fact exists), wheiher acquired by deed, by prescription, or otherwise, over that portion of Pewter Lane; designated as "Pewter Lane 50' R/W to be Vacated" (collectively, the "Extinguished R/W") on the attached plat entitled "Exhibit Plat Vacation of Right of Way for Remainder of Pewter Lane" dated January, 2006, prepared by Greenway Engineering (the "Plat"), a copy of which is attached hereto and made a material part hereof as if set out in fitll. i NOW THEREFORE WITNESSETH: That for and in consideration of -the sum of Ten Dollars ($10.00), cash in hand paid by each of the parties hereto unto the other, the receipt and sufficiency of which is hereby acknowledged, and other consideration deemed adequate at law, the parties hereby agree as follows: 1. The Recitals are incorporated herein and made a material part hereof as if set out in full. 2. Jasbo, Sparks and Frederick County, jointly and severally, hereby!forever waive, terminate and extinguish all right, title, and interest, of whatsoever nature;and howsoever held, in and to the Extinguished R/W. 3. The waiver, termination and extinguishment of the Extinguished R/W, as set forth herein, shall extend to and be binding upon the respective successors and assigns of Jasbo, Sparks and Frederick County. • O W O C17 WITNESS these signatures and seals: JASBO, INC. By: SEAL) Beverley ! Shoemaker, Presldel}t:s' q THE COUNTY OF FREDER�L�IC�GIN�t'� '`(SEAW j�, Its: 3 A'jr4 etadtac - °-,� -< SPARKS PROPERTY, L.L.C. By: *L) Beverley . Shoemaker, Manager STATE OF VIRGINIA, AT LARGE, CITY/C—OF 9hndUztkZ The foregoing instrument was acknowledged before me on the / / $A- dad of 2006, by Beverley B. Shoemaker, Pre4ARY , Inc. My commission expires \ UBLIC STATE OF VIRGINIA, AT LARGE, CITY/COUNTY OF `Ar`sA (,K , The foregoing instrument was acknowledged before me on the Lh _� ( day of 2006, by.,1� as Cow AAft;&;Ay( efThe County of Frederick,Virginia. My commission expires OU `1 chael L Bryan %rA `'u'—k Court Square NOTARY 2i' Floor Winchester, VA i o rn Qichaei L Bryan 9 Court Square 2" Floor Winchester, VA STATE OF VIRGINIA,,, AT LARGE, CITY/499� OF The foregoing instrument was acknowledged before me on the I day of `]5, 2006, by Beverley B: Shoemaker, Manager of Sp s Property, L.LiC. My commission expires �' 1 ///J n i fil NIMpnin c,\DeedsVasbo Deed of Vacation 82 NOT 9 CP I p .�•s ! I AREA VACATED AND RECORDED LENDER ! INST�:050028563 TM:l5-((A))-IIIA COUNTY OF FREDERICK 06: 441, PACE: 9l ZONED: RA TM: 15-((A))-Ill US:..PUBLIC PARK ! f JAS50 INC. ! ! DB: 456 PCs: 32 ZONED: RP USE: RESIDENTIAL f � 15-llA))-ilb IA5BO INC. •: 040022410 !ONED: RA USE: RESIDENTIAL ,,. A5P'A}RIC5 PROPERTY LLC IN5TO:050029421 ZONED: RA'%USE: RESIDENTIAL REA TO BE VACATED TM: 15-((A))-101 JA550 INC. INST•: 040022410 ZONED: RA USE: RESIDENTIAL TM:15-((A))-115 I JA55O INC. INST•: 040022410 TM: 86-((A))-153 ZONED: RA :I SPARK5 PROPERTY LLC , USE: RESIDENTIAL INSTO: 050001161 ZONED: RA - TP1a 15-((A))-114,/� 150 0 150 USE: RESIDENTIAL ,i r' JA5130 INC. i IN4STt 040022410 1 GRAPHIC - •, � C SCALE :.'ZONED: 'ZONED: RA UI I • ,SE:'RES DENT ALVw- / VA ROUTE 636 UlNITE OAK.RO..P _.. EXHIBIT PLAT VACATION OF RIGHT OF WAY FOR REMAINDER OF PEWTER LANE OPEOUON DISTRICT — FREDERICK COUNTY VIRGINIA SCALE. 1 " 150' DATE: JANUARY 2006 GREENWAY ENGINEERING \�,V 151 Windy Hill Zane Engineers Winchester, Miginia 22602 SU ,eyors Tblmphnnrt• (5d0) 662-dJ85 FAX.- (540) 722-9528 Founded in 1971 www.greenwayeng.corn 25246 SHEET 1 OF 1 co w i o VIRCHNiA: FREDFRICK COUNTY. SCC. this instrument of wrieag was produced to me On at,_._. xe reto a exp and wit1� xrtilictTte of ae} T nowmpus d by Sec. 58.1.802 of ni-t th,9 . d was admil[cd jorecord. F , and 58.1-801 have been paid, if assessable �� + Qerk r►r►►•r►r►►r►►►►►w►•wwwwrww H. C. PANGLE, W ALS ' TO: •: :: DEED COMMONWEALTH OF VIR GINIA ' warn•►►►►►►♦a►►rr► ►rrwrww• t Eli - 201 BOOK 330 eacc 300 THIS DEED, ykde this 16 day of April , 19 65 , by and between H. C. Pangle, Divorced Elizaheth J. Sargent, Widow - I James M. Shockley and Lucie M. Shockley, Husband & Wife, Co -tenants Holmes P. Strosnider and Cathern J. Strosnider, Hushand & Wife, Co -tenants Chloe J. Sparks and George H. Sparks, Her Hushand Mrs. Mary Trenary, Widow Emma E. Trenary, Single Richard D. Trenary, Sr. and Vesta H. Trenary, His wife Homer W. Golliday, Widower Frank L. Soarks and Florine D. Sparks, Husband & Wife, Co -tenants Roy S. Dodson and Mrs. Anna J. Sparks Dodson, Husband & Wife, Co -tenants Acrey Nicholson and Effie N. Nicholson, Husband & Wife, Co -tenants Charles W. Coates and Juanita Stotler Coates, Husband & Wife, Co -tenants Charles B. Thwe-.tt, Jr. and Oneda E. Thweatt, Husband & Wife, Co -tenants E. N. Stotler and Maud A. Stotler, Husband & Wife, Co -tenants - Mrs. Cathleen S. Guffey, Widow Joseph F. Bayliss, Jr. and Stella S. Bayliss, Husband & Wife, Co -tenants E. C. 9rumhack. Widower Lois Lee Lewis, Widow hereinafter designated as grantors, and the COL4,1�J1YEALTH OF VIROINIA, Grantee; r AITNESSETHt In consideration of the benefits accruing or to accrue to the said grantors, by reason of the location and construction, or other L:Qrovement of part of Route No. 636 , between Rte. 277 �Rte. 642 and, alone, through, or over the lands of the grantors, and for further consideration paid to the grantors, receipt of which is hereby acknowledged, the said grantors hereby grant and convey unto the said grantee with general warranty, each as to the land owned by him hereby conveyed, a strip or parcel of land over the lands of the grantors needed for the location and construction or other improvement of said road, so as to make a total width of right of way, including the present road, of 40 feet, Bane being located as staked on the ground, said Af - 201 (Page 2) BOON 330 PACE 301 location and stakes having been shown to and approved by the grantors at or before the execution and delivery of these presents, all the said strip or parcel of land being in Opequon Magisterial District of Frederick County, Virginia. Together with the right and easement to construct, improve and maintain any drain ditchas or other drainage facilities that may be needed for the proper and adequate drainage of said Route. The said grantors covenant that they have the right to convey the said land to the grantee; that they have done no act to encumbor the said land, that the grantee shall have quiet possession of the land, free from + all encumbrances, and that they will execute such further assurance of the said land as may be requisite. The said grantors covenant and agree for themselves, their heirs, and assigns and successors, that the considerations hereinabove mentioned and paid to them shall be in lieu of any and all claims to compensation and damages by reason of the location, construction and maintenance of said road; including such drainage facilities as may be necessary. WITNESS the following signatures and sea,les (SEAL) �C41,,/P,d (SFAL) alb (SEAL) v./i (SQL) SEAL) (SFAL) S (SEAL) (SEAL) (Spa) (SEAL) ZJ, ° EAL) (SEAL) s�1 �-f- TAL) � _ "'"t:is—.�ls..t5�� •G%.�fi (SEAL) rt/�o�l>..1t2i�ina�(SEALI (SEAL) v - p � (S EAL) (SEAL) (SFAL) (SFAL) (SEAL) I Rw - 201 (Page 3) BOOK 330 Pact 30',2 STATE OF VIRGSNIA�erick FY County of , To -wits I, R. C. King , a Notary Public in and for the State of Virginia at large, do certify that H. C. Panale Juanita Stotler Coates Elizabeth J. Sargent Charles W. Coates Charles B. Thweatt, Jr. James M. Shockley Oneda E. Thweatt Lucie M. Shockley Maud A. Stotler Cathern J. Strosnider E. N. Stotler Holmes P. Strosnider Mrs. Cathleen S. Guffey George H. Sparks Joseph F. Bayliss, Jr. Chloe J. Sparks Stella S. Bayliss Mrs. Mary Trenary E. C. Bnunhark Emma E. Trenary Lois Lee Lewis Richard D. Trenary, Sr. Vesta H. Trenary Homer W. Golliday Florin D. Sparks Frank L. Sparks Mrs- Anna J. Sparks Dodson Roy S. Dodson Aerey Nicholson Effie N. Nicholson whose names are signed to the foregoing and annexed writing, bearing date on the 16 day of April , 19 6? , have this day acknowledged the sane before me in the County aforesaid. - Given under my hand this 16 day of April 19 65 W Commission expires July 27, 1966 rvoca;y VIRAR is fAf 71 nt O W I g w s pt 1h4 efvm. N of wrl p way produced b me on the d^ e1 (o of ,and with mrtihcole f krow.edpm fh rero o eaed was admitted (B lec«d, l Q, ViewDetail Page 1 of 1 Real Estate Public Inquiry Ticket Detail Department# : RE2005 Ticket #:1 199300.02 FRQ: 271 Sup#:. l Name: KERNS, DEREK BROCK _ — 75 A 106 ' Name 2: Address: J Description: 2.25 ACRES 718 WHISSENS RIDGE RD i WINCHESTER, VA Bill Date: 12/06/2005 Due Date: 12/05/2005 Land: . $55,500 Improve: $8,000 Use: Original Bill: $166 69' Payments: $166.69- Acres.2.25i ..,..._......._____._.._......_..._.___._.e • Penalty Paid: _ _ _. Int Paid: - Discount: _.... W.._ ....._.. Amount Owed ....m.. Other: Last Date: 05= 12/01/20 _..,_..__05i Total Owed:_. Penalty: ......... _ .. 1 Interest: ._........_.. _. . I Note that if payment has been received within lie last 10 business days, any returned items may not be posted at this time. Please check the website again. Date Type Transaction # Amount Balance 12/6/2005 Charge 0 $166.69 $166.69 12/1/2005 Payment 7075 ($166.69) $0.00 1 Use the print key for your browser to print a copy of taxes paid for this year. 1New Search. Pxevious. https://www.co.frederick.va.us/applications/REPubliclnquiryNiewDetail.aspx 1/31/2006 ViewDetail • • Page 1 of 1 Real Estate Public Inquiry Ticket Detail Department# : RE2005 Ticket #: 165870002 FRQ:F,,, Sup#: 0 r ......._ .. l._....> Name: 1JASBO, INC I p Name 2: Address: ? Description: 19.63 ACRES PO BOX 480 STEPHENS CITY, VA ^�M Bill Date: 2/06/2005 j Due Date: 1 1�2/055//2`005 m^_. Land:1$115,600 Improve: ._._ ._ .. Use: $1,9461, Original Bill: $5.11 ments: $_5..._1..1 9._._6_3. 1 Acres: Penalty Paid:.,.... Int Paid: __.__..... _ _..._.. _ Discount: Amount Owed Other: Last Date: 11/08/2005 Total Owed--.... -.- _...; Penalty:. Interest: I Note that if payment has been received within the last 10 business days, any returned items may not be posted at this time. Please check the website again. Date Type Transaction # Amount Balance 12/6/2005 Charge 0 $5.11 $5.11 11/8/2005 Payment 48410 ($5.11) $0.00 1 Use the print key for your browser to print a copy of taxes paid for this year. New :Search` E Previous °- https://www.co.frederick.va.us/applications/REPubliclnquiryNiewDetail.aspx 1 /31 /2006 ViewDetail • • Page 1 of 1 Real Estate Public Inquiry Ticket Detail Department# : RE2005 Ticket #: 165880002 FRQ:F2 Sup# F o Name: JASBO, INC Map#: 75 A 114 ' Name 2: Address: Description: 1.98_ ACRE t PO BOX 480 STEPHENS CITY, VA 22655 Bill Date: 112/06/2005 i Due Date: 12/05/2005 Land:._ _.........$56,000, Improve: $99,200` Use: Original Bill:_ $407 40 Payments: $407 40- Acres: 0.981 Penalty Paid ., - Int Paid:W_ Discount: ; Amount Owed ; Other: Last Date: �11/08/2005 • Total Owed: ---.. ....__....__ i Penalty: _... Interest:.. i Note that if payment has been received within the last 10 business days, any returned items may not be posted at this time. Please check the website again. Date Type Transaction # Amount Balance 12/6/2005 Charge 0 $407.40 $407.40 11/8/2005 Payment 48410 ($407.40) $0.00 1 Use the print key for your browser to print a copy of taxes paid for this year. 11 NewSearch f Previous: https://www.co.frederick.va.us/applications/REPubliclnquiryNiewDetail.aspx 1/31/2006 V iewDetail 0 Page 1 of 1 Real Estate Public Inquiry Ticket Detail Department# : RE2005 Ticket #: 165890002 FRQ: 2 Sup#: 0 ......._..................... _ Name: JJASBO, INC Map#• Name 2: Address: Description: .53 ACRES p 1 PO BOX 480 STEPHENS CITY, VA 22655 Bill Date: Due Date: 12/05/2005— Land:.. .._ $51000 Improve• �. $5,800 Use: Original Bill: $149.10 Payments: $149.10- Acres: �``---- 1.53 _ I._ Penalty Paid: ,3 Int Paid: ._ ._. Discount:r., f Amount Owed Other: Last Date: 11/08/2005 Total Owed .. . ................ Penalty: Interest: ._._ Note that if payment has been received within the last 10 business days. any returned items may not be posted at this time. Please check the website again. Date Type Transaction # Amount Balance 12/6/2005 Charge 0 $149.10 $149.10 11 /8/2005 Payment 48410 ($149.10) $0.00 1 Use the print key for your browser to print a copy of taxes paid for this year. NewSearcti'; � Previous:;; https://www.co.frederick.va.us/applications/REPubliclnquiryNiewDetail.aspx 1 /31 /2006 ViewDetail Page 1 of 1 Real Estate Public Inquiry Ticket Detail Department# : RE2005 Ticket #: 1659000021 FRQ• 2 ' Sup# •0 Name: JJASBO, INC yy Map#: 175 A 116_ _ .. Name 2: _ Address: Description: 10 37 ACRES PO BOX 480 STEPHENS CITY, VA 22655 w! F 7-1-1--l—I Bill Date: 12/06/2005 Due Date: 12/05/2005 Land:. $62 200 Improve: p Use: $2,1 78, _._... Ori final Bill: $5.71 g Payments: 1....._. $5 71- Acres: 1„0.37 Penalty Paid r .... _. __. u__= Int Paid: .._ .__._... Discount: _...._. ....__... _�__ .I ._... Amount Owed _._ _ Other: Last Date: 11 /08/2005 _y r, Total Owed:r....._....._....._._._....__.._ Penalty: .. ... Interest:................... Note that if payment has been received within the last 10 business days, any returned items may not be posted at this time. Please check die website again. Date Type Transaction # Amount Balance 12/6/2005 Charge 0 $5.71 $5.71 11/8/2005 Payment 48410 ($5.71) $0.00 1 Use the print key for your browser to print a copy of taxes paid for this year. �V New; Search 1 Previous; https://www.co.frederick.va.us/applications/REPublicInquiryNiewDetail.aspx 1/31/2006 V iewDetail • 40 Page 1 of 1 Real Estate Public Inquiry Ticket Detail Department# : RE2005 Ticket #: 1660700021 FRQ:F Sup#: • SPARKS PROPERTY, LLC Namej . Map#: 86 V A 153 Name 2: _ ._._._- .- � Address: Description: 4.93 ACRES PO BOX 480 STEPHENS CITY, VA µF 22655__ Bill Date: 12/06/2005 Due Date: 12/05/2005 600 Land: $79 �.__ ° .....: $ Use: Improve: 58 100 � � ...... _ i Original Bill: $361.46' Payments: $361.46- Acres: 4.931 _. _._ Penalty Paid:�.......... ..� Int Paid: Discount: } �-� . _..... � ... .._._... Amount Owed Other: Last Date: j 11/08/20051 Total Owed: .. .. , Penalty- . Note that if payment has been received within the last 10 business days, any returned items may not be posted at this time. Please check the website again. Date Type Transaction # Amount Balance 12/6/2005 Charge 0 $361.46 $361.46 11/8/2005 Payment 48399 ($361.46) $0.00 1 Use the print key for your browser to print a copy of taxes paid for this year. New Search PreSious, https://www.co.frederick.va.us/applications/REPubliclnquiryNiewDetail.aspx 1/31/2006 Taxes Paid Statements .W Cedar Meadows Rezoning Application File #4074/EAW 0 Cedar Meadows Age -Restricted Community Frank Betz House Plans Cedar Meadows Rezoning Application File #4074/EAW • • TO: Finance Department COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 MEMORANDUM FROM: Pam Deeter, Office Assistant II SUBJECT: Return Of Sign Deposit DATE: May 23, 2006 The amount of $50.00 was deposited in line item #3-010-019110-0008 for the company named below had a deposit for one sign for Rezoning #06-06 for Cedar Meadows. The company has returned the sign and is therefore entitled to the return of the deposit. You may pay this through the regular bill cycle. Please send a check in the amount of $50.00 to: RSA/pd 1 A Jasbo Inc. PO Box 480 Stephens City, VA 22655 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 l aateS�as3et �� "` < � PtiS o� �p1��5 legs JS e��S A E a° 5 p4z,00* �a Ofo GOB �C�`e,�p a� Qea� . • ` 1611 ate °oP�� e o�f� �`oea � . • " �p."� e �c� ' / is °NN sae •" ��c�Srab�\\C, h°: �$ R E C E I P T Ticket # : 00005330001 aea .• �5 E�� ao es FREDERICK COUNTY Date Date 3/28/2006 C.WILLIAM ORNDOFF, JR Register: LJT/LJ •' oTrans. • " P.O.BOX Dept # #: 17294 • 1095 �G�' S�a�e �`� SS WINCHESTER VA 22604-0225 Acct# 3Se 4 ,r 0 �J �e``°�bo o�o< SIGN DEPOSITS PLANNING Previous �oocce`a5O / Balance $ 100.00 �Se`��vte Principal Being Paid 100. nen alt00 S ut e Interes� .00 Amount Paid $ 100.00 *Balance Due $ .00 Cash 32.00 Pd by PLANNING & DEVELOPMENT 3/28/06 Check 11670.00 # VARIOUS BALANCE DUE INCLUDES PENALTY/INTEREST THRU THE MONTH 3/2006 N RECEIVED FjjROM /0-- r. N ❑DRESS ` 1 Q O N FOR L Q cn > �� O a� U C u: AMT. OF ACCOUNT nnpg��yyyy a�O+ -Y. to V AMT. PAID INllrljl •i BAOUECE BB&T Checking 0 CASH CHECK DATE z b(o No. 2738 P}�-�- C 4 1 s 0- as OLLARS �55 Sao. '154 A) -1► `i5 CtAll-tit "i�rCu I �6. (CA - 53 5(oy' I BY Dj t --- 5641 6,020.00 • 6,020.00 0 0 /J�% GREENWAY ENGINEERING %47 151 Windy Hill Lane Winchester, Virginia 22602 T R A N S M I T T A L Project Name: Cedar Meadows Age -Restricted Community Proffer Statement File No: 4074 Date March 28, 2006 To: FC Planning From: Evan Wyatt Attn: Mike Ruddy GREENWAY ENGINEERING Phone: 540-662-4185 Copied Fax: 540-722-9528 Delivery: ❑ Fed Ex ❑ U.S. Mail ® Courier ❑ Pick Up ❑ Other ❑ Urgent ® For Your Review ® As You Requested ❑ Please Comment Message: Hi Mike, Please find attached the original signed/notarized proffer statement for Cedar Meadows that I found in the project file this morning. Apparently, you received copies of this in the submittal package was filed on Friday; therefore, I wanted to ensure that you had the original. Thank you, Evan Hand Delivery and Pick Ups Only: Received By: Date: Please Print Name: Frank Betz Homes Page 1 of I • 'M- F R A N K 4RAPSSkrz NlATEC5 Search Plans Products Services General Info announcements Site'Site Map 0,1 lrnne HOGAN - Elevation Order Online I Rear Elevation I Wain -Floor I Plan Specs Similar Plans 0 Printer Friendly_ Version Floorplans and Elevations are subject to change. Floorplan dimensions are approximate. Const working drawings for actual dimensions and information. Elevations are artists' conceptions. PRIVACY POLICY I COPYRIGHT © 1997-2004 FRANK BETZ ASSOC http://www.frankbetz.com/homeplans/plan_info.html?pn=3836&vw=2 9/27/2004 Frank Betz Homes Both Laund, FkANCk Kitchen I Page 2 of 2 37-0 W.i.C. - M.Bath +� -_-_- __ -.-_ -- aA.- i Master Suite Y \ Sitting Area 112x 10C Dining Room 13°x 12' 13F-kvv-jc-. 9 A P , 1 � Patio Vaulted - - Family Room Garage 169x 16° 19$x 24s --Foyer-------- - _ Covered Porch -ocvYw^� (a) 2003 Oow "fr aswc4MR _- ^ _--. -- --- _ ti111r FLOOR PI Floorplans and Elevations are subject to change. Floorplan dimensions are approximate. Const working drawings for actual dimensions and information. Elevations are artists' conceptions. PRIVACY POLICY I COPYRIGHT @ 1997-2004 FRANK BETZ ASSOC http://www.frankbetz.com/homeplans/plan_lnfo.html?pn=3836&vw=3 9/27/2004 Frank Betz Homes . • Page 1 of I IF R A N K HOMEPLAM Do►,dlft T y ABETZ ASSONIATE STEPHENSON - Elevation Search Plans Products Order Online I Main_ Floor I Plan Specs Similar Plans _ .............................................. Services General lnfij © Printer Friendly Version Announcements Site iViap I Tome Floorplans and Elevations are subject to change. Floorplan dimensions are approximate. Const working drawings for actual dimensions and information. Elevations are artists' conceptions. PRIVACY POLICY I COPYRIGHT v 1997-2004 FRANK BETZ ASSOC http://www.frankbetz.com/homeplans/plan_info.html?pn=3844&vw=2 9/27/2004 Frank Betz Homes . • Page 2 of 2 MW Master Suite F JRakh (� `-- M Batr t_aund. .OATS N --. Kitchen Clining Rp0M ,w 13°x 12 � 0 ow Vaulted .Family Room =: FLOOR PLAN Floorplans and Elevations are subject to change. Floorplan dimensions are approximate. ConsL working drawings for actual dimensions and information. Elevations are artists' conceptions. PRIVACY POLICY ( COPYRIGHT O 1997-2004 FRANK BETZ ASSOC http://www.frankbetz.com/homeplans/plan_info.html?pn=3844&vw=3 9/27/2004 Frank Betz Homes . • Page 1 of 1 F R A N KIMMEMAM 4 BET SSU PE Z If E CARRAWAY - Elevation Search Plans Products Order On-line I Rear Elevation Main Floor Plan- Specs ....................................... I Similar .-Plans Services General Info Printer Friendly Version Announcements Site I�at } }lame Floorplans and Elevations are subject to change. Floorplan dimensions are approximate. Const working drawings for actual dimensions and information. Elevations are artists' conceptions. PRIVACY POLICY I COPYRIGHT G 1997-2004 FRANK BETZ ASSOC http://www.frankbetz.com/homeplans/plan_info.html?pn=3832&vw=2 9/27/2004 Frank Betz Homes . . Page 2 of 2 37-0' ..... -- ----- - ---- - -- ---- --...... _.... - PACNV': wrx�o•r. s W.1.C. ' FAE' M.Eloth <' °°O" , Master Suite 16'jx 125 ' ----- ----- Laun 1.- r_hFN'� ►-------- --- a. n.______.__._______i - J - .r '�qER Kitchen Dining Room AA.xx 117 x 99 OUR,r_N ' ' DECDiIATmE AP�Tc CQLllIvrM ,fAEw1 I r DOOA Patio Vaulted Fp, Family Room VAIL 0 7'?5 1 VALK. r51A- 1( 5 i 1 Garage Foyer 195x 22' Bedroom 2 ,... 1 115x 120 �e4pY�t71x33 bark "a z a",nialaa. ir-. , Covered Porch FLOOR PLAN Floorplans and Elevations are subject to change. Floorplan dimensions are approximate. Const working drawings for actual dimensions and information. Elevations are artists' conceptions. PRIVACY POLICY I COPYRIGHT @ 1997.2004 FRANK BETZ ASSOC http://www.frankbetz.com/homeplans/plan_info.html?pn=3832&vw=3 9/27/2004 61 Frank Betz Homes . . Page 1 of 2 HOMEPLAM 9a*xd 1.1, ?�; M. .............................. . Search Plans Products Services General Info .......... _ _ _......... . Announcements Links Site i�tap I tome NICKERSON Order Online I Elevation I Rear Elevation I Main Floor I Plan _Spey Similar Plans [Click to enlarge 1 [ Click to enlarge 1 M Printer Friendly Versio 1 st Floor 167-7 Total 16ZI Overall Dimensions: 37'-0" xC.L -(�" 1 http://www.frankbetz.com/homeplans/plan_info.html?pn=3839 9/24/2004 GREENWAY ENGINEERING 151 Windy Hill Lane Winchester, Virginia 22602 T RAN SMITTAL Project Name: Cedar Meadows Age -Restricted Community Rezoning Application File No: 4074 Date March 24. 2006 To: FC Planning From: Evan Wyatt Attn: Mike Ruddy GREENWAY ENGINEERING Phone: 540-662-4185 Copied Bev Shoemaker Fax: 540-722-9528 Mike Bryan Delivery: ❑ Fed Ex ❑ U.S. Mail ® Courier ❑ Pick Up ❑ Other ❑ Urgent ® For Your Review ❑ As You Requested ® Please Comment Message: Hi Mike, Please find attached the information required for the Cedar Meadows Age -Restricted Community Rezoning Application. Please refer to the cover letter for the attached information and contact me if you have any questions or need any additional information. Thank you, I Evan Hand Delivery and Pick Ups Only: Received By: Please Print Name: Date: GREENWAY ENGINEERING 151 Windy I fill lane Winchester, Virginia 22602 Founded in 1971 March 24, 2006 Frederick County Planning Department Attn: Mike Ruddy, Deputy Director 107 North Kent Street Winchester, VA 22601 RE: Cedar Meadows Age -Restricted Community Rezoning; Application Packet Dear Mike: Please find attached the information necessary for filing a Rezoning Application for the Cedar Meadows Age -Restricted Community located on the west side of White Oak Road (Route 636). I have prepared an informational booklet for you and an additional loose copy of the required information for use by the clerical staff. Please find attached the following information: Rezoning Application Fee in the amount of $6,020.00 made payable to the Treasurer of Frederick County. Rezoning Application Form and Adjoining Property Owner Information with signatures from the property owner and applicant. Subject Property Location and Zoning Map Exhibit. Special Limited Power of Attorney Form signed by the property owner. - Impact Analysis Statement with exhibits for the Community Center and Park Landscaping Plan, the Main Street Landscaping Plan, the Individual Lot Landscaping Plan, the UDA/SWSA Area, the Environmental Features Area, and the Soils Area. ➢ Proffer Statement signed by the property owner and Proffered Generalized Development Plan. Cedar Meadows Age -Restricted Community House Plans. All applicable Review Agency Comments excluding the County Attorney and the I" Due Volunteer Fire and Rescue Company. These comments were not required for the March 24, 2006 filing per our discussion on March 22, 2006. Verification of taxes paid for all applicable properties. ➢ Property Deed and Plat information for all applicable properties. ➢ Executed Agreements between Frederick County and the property owners relevant to the subject properties. ➢ Traffic Impact Analysis Statement prepared by PHR&A dated May 25, 2005. Engineers Surveyors Telephone 540-662-4185 FAX 540-722-9528 Cedar Meadows Rezoning www.greenwayeng.com Please contact me if you need any additional information pertaining to the Cedar Meadows Age -Restricted Rezoning Application and I will forward it to you as soon as possible. I would appreciate it if you would schedule the Cedar Meadows Age -Restricted Rezoning Application for the April 19, 2006 Planning Commission meeting. Sincerely, CU Evan Wyatt, AICP Greenway Engineering Cc: Beverley B. Shoemaker Mike Bryan, P.L.C. Cedar Meadows Rezoning 2 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING April 26, 2006 TO: TIIE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #06-06 FOR CEDAR MEADOWS On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, May 10, 2006, at 7:15 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #06-06 of Cedar Meadows (Age -Restricted Community), submitted by Greenway Engineering, to rezone 29.7 acres from RA (Rural Areas) District to RP (Residential Performance) District with proffers, for 140 single family homes. The properties are located on the west side of White Oak Road (Route 636), approximately 0.6 miles south of the intersection of White Oak Road and Tasker Road (Route 642), in the Opequon Magisterial District, and are identified by Property Identification Numbers 75-A-106, 75-A-107, 75-A-114, 75-A-115, 75-A-116 and 86-A-153. Any interested parties having questions or wishing to speak may attend this public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.co.frederick.va.us. Sincerely, Michael T. Ruddy Deputy Planning Director MTR/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 4 ` 0 46 This is to certify iat the attached correspondence was mailed to the following on p% from the Department of Planning and Development, Frederick County, Virginia: 75 - A- - 113- 75 - A- - 106- LEONARD PROPERTY, I. LC SPARKS PROPERTY, LLC CIO KEVIN BREEDEN PO BOX 480 PO BOX 1062 STEPHENS CITY, VA 22655 WARRENTON, VA 20188 75 - A- - 107- 75 - A- - 113-A JASBO, INC ABRELL, MADELINE K. 2J 519 WHITE OAK RD PO BOX 480 WHITE POST, VA 22663-1860 STEPHENS CITY, VA 22655-0480 75M - 3- 3 145 76 - A- - 114- GRANT, JOEL T ELSEA, RUTH R t GRANT, KIMBERLY K 615 ARMEL RD 119 COOL SPRING DR WHITE POST, VA. 22663-1704 STEPHENS CITY, VA 22655 q 75M - 3. 3- 144- POWELL, ROBERT L JR Greenway Engineering & HOLOWACH, TANIA M117 151 Windy Hill Lane COOL SPRING DR STEPHENS CITY, VA 22655 4526 Winchester. VA 22602 75 - A- - 108- BURACKER, GROVER ELWOOD 396 WHITE OAK RD WHITE POST, VA. 22663-1853 _ 75 A 111 �✓,� �.� STROSNIDER, HOLMES P. & CATHERINE J 444 WHITE OAK RD Michael T. Ruddy, Deputy Planning Di ector WHITE POST, VA 22663 1854 Frederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICK I, , a Notary Public in and for the State and County aforesaid, do hqjeby certify that Micha l T. Ruddy, Deputy Planning Director for the Department of Plan i g nd Development, whose name is signed to the foregoing, dated , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this _.U,.&day of My commission expires on �9zl e o17.4 j AR --t 4 W-1 W r Q, i byr/Z 75M - 3- 3- 143- WEHMANN, JOHN & POLLY 115 COOL SPRING DR STEPHENS CITY, VA 22655-4526 75 - A- - 117-A COUNTY OF FREDERICK 9 COURT SO # 601 WINCHESTER, VA. 22601-4736 86 -A- -151- CHAPMAN, EDGAR P & JENNIFER D 600 WHITE OAK RD WHITE POST, VA 22663-1876 86 - A- - 154- FLEMING, MADELINE P. 519 WHITE OAK RD WHITE POST, VA 22663-1860 86 - A- - 155- FERTIG, JUANITA 557 WHITE OAK RD WHITE POST, VA 22663 86 - A- - 155-A COATES, CHRISTOPHER D & DIXIE D 587 WHITE OAK RD WHITE POST, VA 22663.1860 I 4r, 2 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING April 5, 2006 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #06-06 FOR CEDAR MEADOWS On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, April 19, 2006, at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning 406-06 of Cedar Meadows (Age -Restricted Community), submitted by Greenway Engineering, to rezone 29.7 acres from RA (Rural Areas) District to RP (Residential Performance) District with proffers, for 140 single family homes. The properties are located on the west side of White Oak Road (Route 636), approximately 0.6 miles south of the intersection of White Oak Road and Tasker Road (Route 642), in the Opequon Magisterial District, and are identified by Property Identification Numbers 75-A-106, 75-A-107, 75-A-114, 75-A-115, 75-A-116 and 86-A-153. Any interested parties having questions or wishing to speak may attend this public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.co.frederick.va.us. Sincerely, Michael T. Ruddy Deputy Planning Director MTR/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certify that the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick County, Virginia: 75 - A- - 113- 75 - A- - 106- SPARKS PROPERTY, LLC PO BOX 480 STEPHENS CITY, VA 22655 75 - A- - 107- JASBO,INC PO BOX 480 STEPHENS CITY, VA 76 - A- - 114- ELSEA, RUTH R 615 ARMEL RD WHITE POST, VA. Mr. Mark D. Smith. P.F.. L.S. Green a- En-lneeriiiu 1 5 1 Windy Hill Lane Winchester. VA 22602 75 - A- - 108- BURACKER, GROVER ELWOOD 396 WHITE OAK RD LEONARD PROPERTY, LLC CIO KEVIN BREEDEN PO BOX 1062 WARRENTON,VA 20188 75 - A- - 113-A ABRELL, MADELINE K. 519 WHITE OAK RD WHITE POST, VA 22663.1860 22655-0480 75M - 3- 3- 145- GRANT, JOEL T GRANT, KIMBERLY K 119 COOL SPRING DR STEPHENS CITY, VA 22655 22663.1704 75M • 3- 3- 144- POWELL, ROBERT L JR & HOLOWACH, TANIA M 117 COOL SPRING OR STEPHENS CITY, VA 22655-4526 WHITE POST, VA. 22663.1853 75 • A- - ill- V�� v✓lLa-�----'_'7 v�-�C.-�C7 STROSNIDER, HOLMES P. & CATHERINE J � 444 WHITE OAK RD Michael T. Ruddy, Deputy Planning Direct6r WHITE POST, VA 22663-1854 Frederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICK I, �F • , a Notary Public in and for the State and County aforesaid, do areby certify that MAad T. Ruddy, Deputy Planning Director for the Department of Planning and Development, whose name is signed to the foregoing, dated 06 , has personally appeared before me and acknowledged the same in my State ant County aforesaid. Given under my hand this day of d o" My commission expires on cl 66 6 VGA 75M - 3- 3- 143- WEHMANN, JOHN & POLLY • 115 COOL SPRING DR STEPHENS CITY, VA 22655-4526 75 - A- - 117-A COUNTY OF FREDERICK 9 COURT SO # 601 WINCHESTER, VA. 22601-4736 86 - A- - 151- CHAPMAN, EDGAR P & JENNIFER D 600 WHITE OAK RD WHITE POST, VA 22663-1876 86 - A- - 154- FLEMING, MADELINE P. 519 WHITE OAK RD WHITE POST, VA 22663.1860 86 - A- - 155- FERTIG, JUANITA 557 WHITE OAK RD WHITE POST, VA 22663 86 - A- - 155-A COATES, CHRISTOPHER D & DIXIE D 587 WHITE OAK RD WHITE POST, VA 22663-1860 CA o VjS • i Adjoining Property Owners 4pO:13ARBARA-DATA PROCESSING FROM:BEV - PI nning Dept. Please print sets of labels by 40 e THANKS! Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County Administrative Building, 107 North Kent Street. Name and Property Identification Number Address Name Baylis Investments. LLC 2332 Middle Road Winchester, VA 22601 Property # 75-A-106 / Name Buracker, Grover Elwood 396 White Oak Road White Post, VA 22663 Property # 75-A-108 Name Buracker, Grover E. and Judy Kay 396 White Oak Road White Post, VA 22663 I Property # 75-A-109 Name Buracker, Lynwood and Linda 432 White Oak Road White Post. VA 22663 Property # 75-A- l 1 OA Name Strosnider, Holmes P. and Catherine J. 444 White Oak Road White Post, VA 22663 Property # 75-A-III Name Leonard, Robert D. and Wendy L. 471 White Oak Road White Post, VA 22663 Property # 75-A-1 13 Name Abrell, Madeline K. 519 White Oak Road White Post. VA 22663 Property # 75-A-1 13A 75M-3-7--►q / 7'M - 7 - . - !V* / 7-5 M - 3 - 3 - 1 `t-3 / Ajuqu__ 441� - 1 1,; C" . '), PAs€s • 0 i� Name and Property Identification Number Address Name JASBO, Inc c/o James I. Bowman 448 Fairfax Pike Stephens City, VA 22615 Property # 75-A-117 Name County of Frederick 9 Court Square #601 Winchester, VA 22601 Property # 75-A- 117A .r Name Chapman, Edgar P. and Jennifer D. 600 White Oak Road White Post, VA 22663 Property # 86-((A))-151 / Name Chapman, Edgar P. and Jennifer D. 600 White Oak Road White Post, VA 22663 Property # 86-((A))-152 / Name Fleming, Madeline P. 519 White Oak Road White Post, VA 22663 Property # 86-((A))-154 Name Fertig, Juanita 557 White Oak Road White Post, VA 22663 Property # 86-((A))-155 Name Coates, Christopher D. and Dixie D. 587 White Oak Road White Post, VA 22663 Property # 86-((A))-155A 02-F704A MCADPWTO' BARB S ARA-DATA PROCESSING , � 4 �u FROM: BEV - PI nning Dept. I -T/J S '% - --164_�J I W IJ >/�� //� //�' Y� 4 _ /.S-3 Please print sets of labels by Adjoining Property Owners 4(/3 e (' THANKS! Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County Administrative Building, 107 North Kent Street. 17 i J /I Name and Property Identification Number Address Name Baylis Investments, LLC 2332 Middle Road Winchester, VA 22601 Property # 75-A-106 Name Buracker, Grover Elwood 396 White Oak Road White Post, VA 22663 Property # 75-A-108 Name Buracker, Grover E. and Judy Kay 396 White Oak Road White Post, VA 22663 Property # 75-A-109 Name Buracker, Lynwood and Linda 432 White Oak Road White Post, VA 22663 Property # 75-A-110A Name Strosnider, Holmes P. and Catherine J. 444 White Oak Road White Post, VA 22663 Property # 75-A-111 Name Leonard, Robert D. and Wendy L. 471 White Oak Road White Post, VA 22663 Property # 75-A-113 Name Abrell, Madeline K. 519 White Oak Road White Post, VA 22663 Property # 75-A-113A 75Vi - 33 I J r', a 46;-�- • i 1 Name and Property Identification Number Address Name JASBO, Inc c/o James 1. Bowman 448 Fairfax Pike Stephens City, VA 22615 Property # 75-A-117 Name County of Frederick 9 Court Square #601 Winchester, VA 22601 Property # 75-A-117A Name Chapman, Edgar P. and Jennifer D. 600 White Oak Road White Post, VA 22663 Property # 86-((A))-15 l Name Chapman, Edgar P. and Jennifer D. 600 White Oak Road White Post, VA 22663 Property # 86-((A))-152 Name Fleming, Madeline P. 519 White Oak Road White Post, VA 22663 Property # 86-((A))-154 Name Fertig, Juanita 557 White Oak Road White Post, VA 22663 Property # 86-((A))-155 Name Coates, Christopher D. and Dixie D. 587 White Oak Road White Post, VA 22663 Property # 86-((A))-155A M DEPT. OF GEOGRAPHIC EqF16-NUTION SYSTEMS FREDER-ICK COUNTY, GRUA • y , WoIRKREQUEST DATE RECEFTM:-2-/k 0•• REQUESTING AGENT: Department, Agency, or Company:_ Mailing and/or Billing Address: Telephone: E-mail Address: ESTIMATED COST OF PROJECT: COMPLETION DATE: FAX: DESCRIPTION OF REQUEST: (Write additional 0=ia 01 on back of reque-St)—-- -- --- -- 30 �� '/� fi I S G�� P,P, 6 i, a kiS 4 1(9 f, +-1 6 /07� IN,11s, � �G DIGITAL: PAPER FAX: E-MAIL: SIDES: • COLOR: BLACK/WHITE: NUMBER OF COPIES: STAFF MEMBER HOURS REQUIRED: COMPLETION DATE: MATERIALS: DATE OF PICK-UP/DELIVERY: AMOUNT DUE: AMOUNT PAID: AMOUNT BILLED: bETHOD OF PAYMENT: CHECK NO.# Frederick County GIS, 107 North Kent Street, i�Iinchester, VA 22601, (540)665-5651) Document Approval Form PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TIME OF YOUR APPROVAL. IF THIS DOCUMENT DOES NOT MEET YOUR APPROVAL PLEASE PROVIDE COMMENTS AS TO WHAT YOU WOULD LIKE TO HAVE COMPLETED. INITIALS DATE & TIME Candice Bernie Mark Susan Eric Mike .312 7 Kevin John COMMENTS: Received by Clerical Staff (Date & Time):