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HomeMy WebLinkAbout056-90 Early Years Childs Care - Stonewall District - BackfileRECEIPT N'2 023031 • AMOUNT DUE AMOUNT PAID $ � --� (_0-, 1:3- BALANCE DUE s PAID BY u CASH CHECK ❑ OTHER Ix FREDERICK COUNTY DEPT. OF PLANN'NG AND DEVELOPMENT P. 0. BOX 601 • 9 COURT SQUARE WINCHLoTLR, VIRGINIA «601 • (703) 665.5651 DATE � i I , 1 O RECEIVED FROM ADDRESS S.?� fHE SUM OFV C�JF"C1i�.."-'`t��� .`^'� _i�" i /DOL ARS $ I W FOR oo) .00R '� �O(1.l`� 1 ���� -' I .5 0 c.uc re O.G nc� I -`1 u r By , i \ DAY -TIMERS REORDER No. 1111 — 1-led n USA I SITE PLAN CHECKLIST The application is not complete if the following are not present: 1. 1 set of comment sheets from the following agencies along with any marked copies of the plan: off- loizz/4 VDOT City of Winchester ak 9 I I� I��_� Co. San. Auth. Co. Health Dept. 9 ' 0 ✓ Inspections Parks & Rec. -(�K- 917 /qQ ✓ Fire Marshall Airport Authority Engineer t GK 2. 1 copy of the SITE PLAN Application �3. 5 copies of the plan on a single sheet �- 4. 1 reproducible copy of the plan (if required) C� 5. a 35mm. slide of the plan (if required) TRACKING DATE I� 90 Application Received 9 �U Review/Invoice received from Engineer b ( ROFee Paid (amount $�I r� (- 2 Site Plan heard by Planning Commission (if required) Final Site Plan submitted with review agency, Planning Commission, and staff comments addressed. COUNTY OF FREDERICK, VIFIA DEPARTMENT OF INSPECTIO S j Caller w61S 1 Time Called Date Called Phone No. L, r� - S4, 15Z Time Requested ASAP Date Requested /7 A I Received By Date of Inspection /4' PERMIT HOLDER NAME RT. NO. Lot No. SEC. No. SUBDIVISION STREET NAME DIRECTIONS ~�T 0, nF ��i rjC 4e; -,rLk BUILDING NO. PLUMBING NO. L-c-.�T ELECTRICAL NO. Lc C 131= it r. 7 MECHANICAL NO. C SIGN NO. DISTRICT PERMIT FOR: Type of Inspection Residential Footers Slab Water Sewer Rough Plumbing Groundworks Other: Time In: S '� c Time Out: Results: Approved Comments: Setbacks: FIR Draintile Service Rough Electric Rough Mechanical Gas Piping/Test Temperature Weather Commercial BK Gas Fire -up Framing Final Final Building Final Plumbing 7c ° 1= ov�!ccAST Rejected L R Final Electrical Final Mechanical Site Plan✓ Fire Marshall Special/Complaint _ Cut in No. Signature L2:n�4 0 . Date (6 /7 /9 1 � COUNTY OF FREDERICK, VI IA DEPARTMENT OF INSPECTIO Caller Time Called t Z-7 Phone No. Time Requested Received By P"t Date Called "I /�3 Date Requested ASQl� Date of Inspection 4/ =S(Pt' PERMIT HOLDER NAME )a�,'�✓���i S FIT. NO. Lot No. SEC. No. SUBDIVISION STREET NAME DIRECTIONS 7 l—ASBUILDING NO. _MIary �t� . �i-rur'rj Lt 0LE�J`-y PLUMBING NO. _- L-•� r c-� Dr, v l_ I-Ucq-rET­, D t ELECTRICAL NO. rn�. JQt E =1 r MECHANICAL NO. SIGN NO. DISTRICT PERMIT FOR: ��"� �� CcwZt` Type of Inspection Residential Commercial Footers Setbacks: FR BK L R Slab Draintile Gas Fire -up Final Electrical Water Service Framing Final Mechanical Sewer Rough Electric Final Site Plan Rough Plumbing Rough Mechanical Final Building Fire Marshall Groundworks Gas Piping/Test Final Plumbing Special/Complaint Other: Time In: Temperature ^�� Cut in No. Time Out: �1 2S "-I Weather Su'.1"J Results:(Approved FQ Rejected Comments: .,, Y 1 t . () - , L�7' Z N',.. Signature Uc��t (� J GJ Date 4l Z S Z`' j X, 0 • SITE PLAN APPLICATION DATE /D -8 - �O APPLICATION # Complete the following application: 1. Development Name: j64RLY X�F406 GA1140 C:49kF 2. Location of Property: (by street name) /l00 " ��0.�/l /•(/>�25�T1o� OF ,���cY lAlG,,4�- 4A42 )ZvZef % 3. Property Owner: , ' 6yo 4. Z21 040 Address: 723 A;(//GyT J�7' _Zg c/ �5 TES , V.4. 22(O / Telephone: (70.3) �,- 05 - Cb88 Address: /1252Q z6W Ee l-AAIZ7 V4 . ZZ 6 L Telephone: �7O�J �2 -4I8.5 5. Designer: SAM_ A5 445oye Address: Telephone: Contact: /-7/ 1�e3OOKIC45 EO62� 5 6. Is this an original or revised Site Plan? original C Revised 7. Total area of parcel to be developed: ZrJ, 2%� 54- P�T 8. Property Information: ��� a) Tax Map: rJ� (L�`y/ b) Parcel Number: l04 c) Tax ID # : 54oce,4coo ooc ap /O¢O d) Current Zoning: ,B .2 e) Present Use: l-�.,4A/7 f ) Proposed Use: g) Adjoining Property Zoning: h) Adjoining Property Use: COMMF2GiAL i) Magisterial District: I have read the material included in this package and understand what is required by the Frederick County Planning Department. I also understand that all required material will be complete prior to the submission of my site plan. Applicant's Signature: N. II '� F I a � 6 COMMONWEALTH of VIRGINIA DAVID R. GEHR COMMISSIONER Mir. John Stevens C/O Shenandoah University 1460 University Drive Winchester, VA 22601 Dear Mr. Stevens: DEPARTMENT OF TRANSPORTATION 14031 OLD VALLEY PIKE PO BOX 278 EDINBURG. 22824-0278 September 20, 1995 WILLIAM H. BUSHMAN, P. E. RESIDENT ENGINEER TEL (540) 984-5600 FAX (540) 984-5607 Ref: Planting on Right -of -Way 118 Regency Lake Drive Frederick County This is to follow-up on our telephone conversation of September 13, 1995 regarding planting in front of the child care center referenced above. I would like to relate the following: At present, Regency Lakes Drive is not in the State's Secondary System. Therefore, VDOT has little control over planting next to the roadway. However, if the roadway was in VDOT's maintenance system, a planting agreement would have to be obtained from this Department. Drawings complete with a listing of plants, landscape materials, locations and plant sizes would be required. No plants would be permitted on the right-of-way which would exceed 18" in height at maturity. Plantings exceeding 18" could be a factor when maintaining necessary site distance for ingress/egress to your facility. Should you decide to plant next to the roadway prior to VDOT accepting Regency Lake Drive, it would be at your own risk. At any point in the future the owners/developer may request VDOT consider accepting Regency Lake Drive into the State's Secondary System. Upon receipt of this request VDOT would perform an inspection of the right-of-way. Any deficiencies in the roadway not satisfactorily meeting State specifications, including site distance concerns would need to be remedied. This could include removal or cutting of landscape materials within the right-of-way. I would recommend any plantings be maintained completely on your property at 118 Regency Lake Drive. Should you have any questions, please free to give me a call. Sincerely, —, 23124z-, oti )�, Steve A. Melnikoff Hwy. Permits & Subd. Specialist Sr.�QN�N� SAM/rf ��s►9WQME xc: Mr. R. B. Childress, Mr. R. D. Hawkins, Mr. R. W. Watkins C] Jt u l I A f�tiFl1 COMMONWEALTH of VRQ1N1A DEPARTMENT OF TRANSPORTATION P O BOX 278 EDINBURG,22824 RAY O. PETHTEL ( 7O3 ) 984-4133 WILLIAM H. BUSHMAN COMMISSIONER RESIDENT ENGINEER October 22, 1990 Mr. Austin Spitler Ref: Early Years Child Care Center C/O Greenway Engr. & Surveying Co., Inc. Regency Lakes Estates 1104 Baker Lane Route 7 Winchester, VA 22601 Frederick County Dear Austin: This is to acknowledge receipt of the above referenced project's revised site plans dated October 8, 1990. Upon further review the plans appear satisfactory as submitted and are therefore approved. However, we offer the following comments: 1. As we have previously advised we have no objections to the installation of the 2" water service line across Regency Ickes Drive or the fire hydrant which should be set at the right-of-way line. However, please be advised this street is currently not in the State Secondary Road System. Therefore, we cannot require the water line to be installed by VDOT standard push, jack or bore methods. As I am sure you aware, subdivision policy prohibits the acceptance of subdivision streets into the System with pavement patches. Therefore, please advise the subdivision developer if an open cut of the roadway is allowed we may require a plant mix overlay of the entire street prior to acceptance into the System. 2. Prior to development we strongly suggest the developer obtain a joint use agreement with the adjoining property owner to cover the southern entrance. This may avoid any use and or maintenance problems which may arise in the future. 3. Please ensure the subdivision developer is aware if Regency Ickes Drive is to be eligible for acceptance into the State Secondary Road System then all entrance design and drainage features must be built in accordance with these approved plans. Should you have any questions concerning the above, please do not hesitate to contact me. Sincerely, William H. Bushman Transp. Resident Engineer By: Robert B. Childress Hwy. Permits & Subd. Spec. Senior RBC / rf Attach. p XC: Mr. F. E. Wymer (w/TRANSPORTATION FOR THE 2`1ST CENTURY 0 COUNTY of FREDERICF I c. Department of Planning, and De�-ciopmci: 70.1 bbs->(,_ REQUEST NOR SITE PLAN COMMENTS FAX 703 b67-0.+ Virginia Department of Transportation ' P.O. Box 278, Edinburg, Virginia 22824-0278 (703) 984-4133 The local office'of the Transportation Department is located at 1550 Commerce Street, if you prefer to hand deliver this review form. Applicant's name, address and phone -number: GIgErA/H/A�,y�r d vp eW f - 4WO ,/&F4f S44�Oe 444oW, k/,�AWr6e AW zZGoi Name of development and/or description of the request: � .V4Y Yk,4;4,7--5 <,41/4V C-W2e Location: �4r ✓"ivy Q�G+�Nc Transportation Department Comments: See attached letter from W. H. Bushman to Greenway Engineering dated October 22, 1990. VDOT Signature and Date: (NOTICE TO VDOT - PLEASE RETURN THIS FORM TO THE APPLICANT.) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach THREE copies of your plans and/or .pplication fore'.. 9 Court Square - P.O. E3ox 601 - \Winchester, Virginia - 22601 ...----------- �u..u+rraw+.,w-ae.tvwi •ax,. no:. �P" .,,"m{,q.P•{Mew ^r ., •,p ,,.r ,C:pa�n ri L.I LAND DISTURBING PERMIT ISSUED TO: Tnadema k EntenpA,�zez who has met all requirements of the Frederick County Erosion and Sedimentation Control Ordinance as certified by the Frederick County Department of Planning and Development. AGREEMENT This agreement, made this 11th day of OctobeA 1990 , by and between TnadernaLk EwteAp)&i6m r 0 party(s) of the first part, and the County of Frederick, Virginia, party of the second part. Whereas, in consideration of the approval by the party of the second part of this Virginia land disturbance plan and permit for Yecv,s Chitd CoAe -- Site Ptan #056-90 and the party of the second part requiring the following work to be completed during the land disturbance construction and before final occupancy, the party(s) of the first part or his heirs/ assigns agree to do the following work: 1. Provide for the adequate control of erosion and sedimentation by temporary and permanent control practices and measures which will be implemented during all phases of clearing, grading and construction and to provide for conformity with the Virginia Erosion and Sediment Control Law, Title 21, Chapter 1, Article 6.1 of the Code of Virginia and local code laws. 2. To provide Erosion and Sediment Control as per the Erosion and Sedimentation Control Plan. 0 -2_ • The party(s) of the first part does further agree that an agent of Frederick County shall be permitted entry to the site of the land disturbing activity to inspect the control measures shown in the approved plan. In testimony whereof, the party of the first part has hereunto caused its corporate names and seals to be hereunto affixed, for and in its behalf, by MaAk Repine and caused this agreement to be acknowledged and delivered for and in its behalf. TAadema,Lk EntenpA,�z u Corporation In testimony whereof, the party of the second part has hereunto caused its body corporate names and seal to be hereunto affixed, for and in its behalf by Evan A. Wyatt, Ptannetc. TI County of Frederick, Virginia BY: Fj-zx,,, a - Frederick Co'ity Department of Plan ing & bevelopment NOTE: Issuance of this permit does not constitute approval of a site plan. This permit is for land disturbance only. • -3- STATE OF VIRGINIA COUNTY OF FREDERICK I Renee' S. A,'ubtta a Notary Public in and for the State and County aforesaid, do hereby certify that this day personally appeared before me in my said County, MoAk Repine of TnademwLk Ente pA sm and of the Frederick County Department of Planning and Development, whose names are signed to the foregoing agreement dated OctobeA 11, 1990 did personally appear before me and acknowledged the same. Given under my hand this 11th day of Octobe)c 19 90 , No ary �Pij/lic My Commission expires on Ma,cch 23, 1990 Greenway 2ngineerii f & Surveying Co., Ir* 1104 Baker Lone • Winchester, Virginia • 22601 • 703-662-4185 H. Bruce Edens • C.L.S. • President , rrCaCn p lain YIQ COm rxro►� Ar /p- i - 90 TTENT!O N G E�t/TL EME�(/ fNE ARE .SENO1416 YOU T//E 47'7-,4C/71E0 P.e/.VTS Co//ES OA7C NO. DCSCZIR7'1O.t/ S M•- V I YC!Gr� C' /0l C1(5" re Cc r, fg r THESE A eC 7-,e,41(/5M/7-IED AS C.yEC�ED f3EL0l�V ❑--FO,e 4,PAe0Y4Z ❑ xESUBM/TTEO SOP/ES FO,e A�P.eO/i.4L ❑ FO,e III&Ie USE ❑ SUBM/TTEU COP/ES FO.e D/ST,e/BUT/ON ❑ AS ,eCQUESTED o ,eETU.e t/ED 4-a e eEO'TED P,L l vl*-S ,eclwAleles OCT SITE PLAN CHECKLIST All required information must be obtained prior to the submission of this application. If any of the required information is missing or not complete, the site plan application will not be accepted by the planning department. The applicant shall schedule a meeting with the staff member in charge of. site plan review when the application is ready for submission to insure that all required information is complete. SITE PLAN PACKAGE 1. One set of comment sheets from the following agencies along with any marked copies of the plan: VDOT Co. San. Auth. Inspections Dept. Fire Marshal Town of Middletown County Engineer City of Winchester Co. Hlth Dept. Parks & Rec. Airport Authority Town of Stephens City Soil & Water Conservation District 2. One copy of the Site Plan application 3. Five copies of the Site Plan 4. One reproducible copy of the Site Plan (if required) 5. A 35mm slide of the Site Plan (if required) 1 • J` CIM,�.. • I i r � 3 COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION P. O. BOX 278 RAY D. PETHTEL EDINBURG, 22824 WILLIAM H. BUSHMAN COMMISSIONER ( 703 ) 984-4133 RESIDENT ENGINEER September 20, 1990 Mr. Austin Spitler Ref: Early Years Child Care Center C/O Greenway Engr. & Surveying Co., Inc. Regency Lakes Estates 1104 Baker Lane Route 7 Winchester, VA 22601 Frederick County Dear Austin: Upon review of the above referenced site plan dated August 27, 1990 our comments may be found on the attached plans marked in red and as follows: 1. The existing 30' commercial entrances serving the property will be adequate for the proposed use. 2. We have no objections to the installation of the 2" water service line across Regency Lakes Drive or the fire hydrant which should be set at the right-of-way line. However, please be advised this street is currently not in the State Secondary Road System, therefore, we cannot require the waterline to be installed by VDOT standard push, jack or bore methods. As I am sure you are aware, subdivision policy prohibits the acceptance of subdivision streets into the System with pavement "patches. Therefore, please advise the subdivision developer if an open cut of the roadway is allowed, we may require a plant mix overlay of the entire street prior to acceptance into the system. 3. The proposed four 4" p.v.c. drain pipes through the face of the curb cannot be allowed. Although we are sympathetic with the elevations with which you have to work, if allowed the p.v.c. would cause VDOT maintenance problems in the future when the street is accepted into the System. Please revise and resubmit for further review. Should any changes be deemed necessary, please design them to meet or exceed the above recommendations. Should you have any questions, do not hesitate to contact me. Sincerely, William H. Bushman Transp. Resident Engineer By: Robert B. Childress Hwy. Permits & Subd. Spec. Senior RBC/ rf Attach. xc: Mr. F. E. Wymer, Mr. R. W. Watkins TRANSPORTATION FOR THE 21 ST CENTURY • COUNTY of FREDER1Ch Department of Planning and Dn,clopmcm 703 h0-Sh`4 REQUEST POR SITE PLAN COMMENTS FAX 70z 007-0371i Frederick County Sanitation Authority P.O. Box 618, Winchester, Virginia 22601 (703) 665-5690 The Frederick County Sanitation Authority is located on the second floor of the Old Frederick County Courthouse in Winchester, if you prefer to hand deliver this review form. Applicant's name, address and phone.number: 460AW ,004Y eA461AASMIAO& ~ 611¢✓OYiW:§, Gb , Mot .<AJ4"-W8s /104 OW& ee zAmlfjAA*c t4gs ram,-yd. tool Arr.. A/3T/N 4plmow Name of development and/or description of the request: E.4Z5 CA,/iG0 G4Q6 ( 047V �A^/ Location: • _ F/�T 61XVr of Sanitation Authority Co—ents: SEND iif.E — / /°r9/yT d Y WEp S S�•P /9 9D Sanit. Signature & Date: 5PA" D (NOTICE TO SANITATION EASE RETURN THIS FORM TO APPL CANT.) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach Two copies of your plans and/or application ::orm. 9 Court square P.O. Boy 601 Winchester. Virginia - 22601 0 0 COUNTY of FREDERIC C Department ot* Planning_ anLi De%ciapm� 703 005-5, REQUEST FOR SITE PLAN COMMENTS F:\X 703 6674). Frederick County.Inspections Deparcment P.O. Box 601, Winchester, Virginia 22601 (703) 665-5651 The Frederick County Inspections Department is located at 9 Court Square in Winchester, if you prefer to hand deliver this review form. Applicant's name, address and phone number: .110, ZZ "I Arr. Amen V Name of development and/or description of the request: _ AQa.Z.y YE.d� C�iL� Ca,¢E C6"� Pt Location: "t� - M I-r, A ME � �F.W� "PA Inspections Department Comments: LJ �� « � �> � ��, -� o � 1 �1 ��Z rS �'� J y, �,,�� �- rf�o-// C_.a •tom%�� % v1 i �1 rt/�/csr 7 / Inspect.ignature & Date (NOTICE TO INSPECTIONS - P SE RETURN THISoIFORM TO APPLICANT.) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist '.he agency with their review. Also, please attach a copy of your plans and/or application form. 9 Court Square - P.O. Box 60, - %Vinchesier. Virginia - 22601 MO.. ,. 1 ���NTY OF FREDERICK VlRGlN�N�� _ ��� , ��� -- FIRE MARSHAL'S OFFICE ~- LAND DEVELOPMENT COMMENTS Control No. 090790415 Date Received 090790 Date Reviewed 092390 Applicant Name Greenway Engineering & Surveying Co. Address 1104 Baker Lane Winchester, VA 22601 Project Name Early Years Child Care Phone No. 703-662-4185 Type of Application Site Plan Current Zoning 8-2 1st Due Fire Co. 18 1st Due Rescue Co. 18/3 Election District Stonewall RECOMMENDATIONS Automatic Sprinkler System X Residential Sprinkler System Automatic Fire Alarm System X Other Emergency Vehicle Access; Adequate X Inadequate Not Identified Fire Lanes Required; Yes X No Comments: In front of hvdrant per Frederick County Chapter 10. Roadway/Aisleway Widths; Adequate X Inadequate Special Hazards Noted; Yes Comments: Not Identified No X 0 0 Hydrant Locations; Adequate X Inadequate Siamese Connection Location; Approved Not Approved Not Identified Not Identified x Additional Comments: wilding shall comply with Uniform Statewide Building Code for Use Group 1. Access for emergency equipment shall be required at all times during construction. Recommend building have automatic sprinkler system throughout as thi•. could become a requirement in near future and retrofitting will be more costly. Please call me if there are any questions. Review Time .25 hr Douglas A. Kiracofe Fire Marshal s OCTOBER 1, 1990 Evan Wyatt, Planner Frederick County Planning Department 9 Court Square, Box 601 Winchester, Va 22601 ENGINEERS Re: Early Years Child Care ARCHITECTS 17555.110 SCIENTISTS XT Dear Evan, We have reviewed the above referenced site plan and have the following comments: ACCESS ISSUES 1. The two existing driveways will be able to handle the projected 194 trips per day generated by the development. Since all the entrances to the site are existing, it is assumed that adequate horizontal and vertical sight distance exist. DRAINAGE 1. The drainage divide map and storm water management design were provided. The design calculations for the discharge pipes need to be re-evaluated. The pipe discharge curves need to be checked with calculations provided. The orifice formula of Q — CA 2gh with "h" being the head from the pipe centroid and C — .6 give a Q of 0.26 at elevation 671. Doubling it for two pipes, I get 0.52 cfs. 2. This method for stormwater management is an interesting concept. I would like to point out that there may be some drainage problems in the pond areas. First of all the yard/pond slopes are very flat in the lower areas. Typically in grassed areas it is desirable to plan for 2 percent grades. I understand that this is not always possible, but where 2 percent grades can not be reached poor surface drainage will often be the result. The immediate play area looks like it will drain since grades are nearly 2 percent. The 4 inch discharge pipe will be susceptible to clogging and will have to be ■ 11240 lfiiples Mill Knid FairJiu. Virginia 22030 ---- - - 703.385.3566 TeleJiu 703.385.8319 0 maintained on a regular basis or water will stand in the depressed areas. 3. In using the modified rational method, the critical duration should be established to determine the maximum storage volume required. Also, the inflow hydrograph routing table does not use the peak from the discharge hydrograph. It is my opinion that the storage volumes may be underestimated. The critical duration volume method needs to be used. ENGINEERS ARCHITECTS EROSION AND SEDIMENTATION CONTROL SCIENTISTS 1. The erosion and sedimentation control measures and narrative have been provided and are acceptable. The above items need to be addressed before I can recommend the approval of this plan. An early grading permit can be recommended if other agencies do not have conflicting problems. S4OHU , D ASSOCIATES INC aul A. Bernard, P.E. Project Manager PAB/ j la cc: Bruce Edens - Greenway Engineering file: r/f/ AD1 OCTOBER 1, 1990 Evan Wyatt, Planner Frederick County Planning Department 9 Court Square, Box 601 Winchester, Va 22601 ENGINEERS Re: Early Years Child Care ARCHITECTS 17555.110 SCIENTISTS am Dear Evan, We have reviewed the above referenced site plan and have the following comments: ACCESS ISSUES 1. The two existing driveways will be able to handle the projected 194 trips per day generated by the development. Since all the entrances to the site are existing, it is assumed that adequate horizontal and vertical sight distance exist. DRAINAGE 1. The drainage divide map and storm water management design were provided. The design calculations for the discharge pipes need to be re-evaluated. The pipe discharge curves need to be checked with calculations provided. The orifice formula of Q — CA 2gh with "h" being the head from the pipe centroid and C = .6 give a Q of 0.26 at elevation 671. Doubling it for two pipes, I get 0.52 cfs. 2. This method for stormwater management is an interesting concept. I would like to point out that there may be some drainage problems in the pond areas. First of all the yard/pond slopes are very flat in the lower areas. Typically in grassed areas it is desirable to plan for 2 percent grades. I understand that this is not always possible, but where 2 percent grades can not be reached poor surface drainage will often be the result. The immediate play area looks like it will drain since grades are nearly 2 percent. The 4 inch discharge pipe will be susceptible to clogging and will have to be ■ 11240 Waples Mill R d Fairfax, Virginia 22030 703, 385. 3566 Telefax 703.385.8319 maintained on a regular basis or water will stand in the depressed areas. 3. In using the modified rational method, the critical duration should be established to determine the maximum storage volume required. Also, the inflow hydrograph routing table does not use the peak from the discharge hydrograph. It is my opinion that the storage volumes may be underestimated. The critical duration volume method needs to be used. ENGINEERS ARCHITECTS EROSION AND SEDIMENTATION CONTROL SCIENT ISTs 1. The erosion and sedimentation control measures and narrative have been provided and are acceptable. The above items need to be addressed before I can recommend the approval of this plan. An early grading permit can be recommended if other agencies do not have conflicting problems. Sincere , DON4TJ & ASSOC�IATESS,, INC 6 aul A. Bernard, P.E. Project Manager PAB/j la cc: Bruce Edens - Greenway Engineering file: r/f/ ADl D6 0J1 ENGINEERS ARCHITECTS SCIENTISTS 0 11240 Waples Mill Road Suite 100 Fairfax, Virginia 22030 703.385.3566 Evan Wyatt, Planner Frederick County Planning Department 9 Court Square, P.O. Box 601 Winchester, VA 22601 Your Authorization: Signed Agreement Early Years Child Care 116 Date: Oct .1, 1990 Please Reference: Project No. 17555 .110 Invoice No. 9008032 Client No. 07534 Principal .5 hrs @ 48.00 24.00 Project Manager 2.5 hrs @ 33.25 83.13 Engineer 6.0 hrs @ 19.90 119.40 Admin Assist .5 hrs @ 14.50 7.25 Total Direct 233.78 Total Indirect 350.67 TOTAL DUE THIS INVOICE $584.45 C_ 0 0 s��n �,`Ma�r►� io�z�ao � i01zIao COMMONWEALTH of VIRCjdNIA DEPARTMENT OF TRANSPORTATION P. 0. BOX 278 RAY D. PETHTEL EDINBURG, 22824 COMMISSIONER (703) 984-4133 September 20, 1990 Mr. Austin Spitler C/O Greenway Engr. & Surveying Co., Inc. 1104 Baker Lane Winchester, VA 22601 Dear Austin: 9 - 2 1 -,)(1 WILLIAM H. BUSHMAN RESIDENT ENGINEER Ref: Early Years Child Care Center Regency Lakes Estates Route 7 Frederick County Upon review of the above referenced site plan dated August 27, 1990 our comments may be found on the attached plans marked in red and as follows: 1. The existing 30' commercial entrances serving the property will be adequate for the proposed use. 2. We have no objections to the installation of the 2" water service line across Regency Lakes Drive or the fire hydrant which should be set at the right-of-way line. However, please be advised this street is currently not in the State Secondary Road System, therefore, we cannot require the waterline to be installed by VDOT standard push, jack or bore methods. As I am sure you are aware, subdivision policy prohibits the acceptance of subdivision streets into the System with pavement "patches. Therefore, please advise the subdivision developer if an open cut of the roadway is allowed, we may require a plant mix overlay of the entire street prior to acceptance into the system. 3. The proposed four 4" p.v.c. drain pipes through the face of the curb cannot be allowed. Although we are sympathetic with the elevations with which you have to work, if allowed the p.v.c. would cause VDOT maintenance problems in the future when the street is accepted into the System. Please revise and resubmit for further review. Should any changes be deemed necessary, please design them to meet or exceed the above recommendations. Should you have any questions, do not hesitate to contact me. Sincerely, William H. Bushman Transp. Resident Engineer By: Robert B. Childress Hwy. Permits & Subd. Spec. Senior RBC / rf Attach. xc: Mr. F. E. Wymer, Mr. R. W. Watkins TRANSPORTATION FOR THE 21 ST CENTURY _ � �� NTY OF FREDERICK VlRGIN ���� , 4��� — FIRE MARSHAL'S OFFICE -~ LAND DEVELOPMENT COMMENTS Control No. 090790415 Date Received 090790 Date Reviewed 092390 Applicant Name Greenway Engineering & Surveying Co. Address 1104 Baker Lane Winchester, VA 22601 Project Name Earlv Years Child Care Phone No. 703-662-4185 Type of Application Site Plan Current Zoning B-2 1st Due Fire Co. 18 1st Due Rescue Co. 18/3 Election District Stonewall RECOMMENDATIONS Automatic Sprinkler System X Residential Sprinkler System Automatic Fire Alarm System X Other Emergency Vehicle Access; Adequate X Inadequate Not Identified Fire Lanes Required; Yes X No ------ ------ Comments: In front of hydrant per Frederick County Chapter 10. Roadway/Aisleway Widths; Adequate X Inadequate Special Hazards Noted; Yes Comments: Not Identified No X 0 Hydrant Locations; Adequate X Inadequate Siamese Connection Location; Approved Not Approved Not Identified Not Identified X Additional Comments: Building shall comply with Uniform Statewide Building Code for Use Group I. Access for emergency equipment shall be required at all times during construction. Recommend building have automatic sprinkler system throughout as this could become a requirement in near future and retrofitting will be more costly. Please call me if there are any questions. Review Time .25 hr Douglas A. Kiracofe Fire Marshal COUNTY of FREDERICK ' Department of Planning, and Development 703 665-5654 REQUEST POR SITE PLAN COMMENTS FAX 70z 607-0370 Frederick Countj, Sanitation Authority P.O. Box 618, Winchester, Virginia 22601 (703) 665-5690 The Frederick County Sanitation Authority is located on the second floor of the Old Frederick County Courthouse in Winchester, if you prefer to hand deliver this review form. Applicant's name, address and phone,nutmber: ZfA6;5y/1/,4 Y ZA401AeMe Are 4AV Q AIMOV A0 OR , Mot, �d!fJ -4"7 �4/85 1104 gkmg tom. Name of development and/or description of the request: E,�,eey -Ye 44e5 4=N14av c4,e' s (s�r�F a,Av> Location: F/37' rS✓,R-1 of a NCY Z 4�GEf L�¢/yE /GO = <,�1�1 AA-'MA0V6CTp t/ Y 4QLeS D.¢i tie J*V AaVr& i Sanitation Authority Comments: �E/V_D i1f.E W60 S 5Fi0 90 Sanit. Signature & Date: 467 5A" h (NOTICE TO SANITATION EASE RETURN THIS FORM TO APPLICANT. NOTICE TO APPLICANT It is you responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach TWO copies of your plans and/or application Form. 9 Court square - P.O. Box 601 - %Winchester. Virginia - 22601 COUNTY of FREDERIC Department of Planning and Deselopmc 703 66J-5c ' REQUEST FOR SITE PLAN COMMENTS FAX �t)3 6674): Frederick County, Inspecti.ons'Department P.O. Box 601, Winchester, Virginia 22601 (703) 665-5651 The Frederick County Inspections Department is located at 9 Court Square in Winchester, if you prefer to hand deliver this review form. Applicant's name, address and phone number: 11614- AAACFe Am I4tl3T/N ✓A'%4M Name of development and/or description of the request: Inspections Dep artment Co=aents : zz X d G L Z v Inspect. ignature & Date (NOTICE TO INSPECTIONS - ?1,tASE RETURN THISzErORM TO APPLICANT.) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in -rder to assist '.-.he agency with their review. Also, please attach -a copy of your plans and/or application form. 9 Court Square - P.O. Box 601 - Winchester, Vir,inia - 22601 COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703/667-0370 November 1, 1990 Greenway Engineering Co. Attn: Mr. Austin Spitler 1104 Baker Lane Winchester, VA 22601 RE: Early Years Child Care Site Plan Dear Austin: I have finished my review_of the Early Years Child Care site plan. All review agency comments have been addressed with the exception of Planning and Development. Once the following comments are addressed,.I can recommend approval of this site plan. 1) Include the use of the property owned by P.B. Gentry. 2) Include the use of the property owned by S.D. Gentry. 3) Include the building height of the proposed and existing structures. 4) Explain why a chain link fence is not required along the north side of the property (I was under the assumption that this area was to be used as a play area also). 5) Provide all agreements that allow for off -site development along the south property boundary. This site plan will appear on the Frederick County Planning Commission's bimonthly report on November 7, 1990. If the Planning Commission does not request to review this site plan as a formal agenda item, and the comments listed above are addressed, I will approve this site plan on November 8, 1990. If I may answer any question regarding this letter, please do not hesitate to contact me. Sincerely, L a. I- Evanl. Wyatt Planner II EAW 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 • Ca- V Sp � 056 -9 0 APPLICANT'S CHECKLIST Your site plan should include the following: Administrative Information Y N 1. Name of proposed development _ 2. Name and address of owner 3. Name and address of developer 4. Name, address, and phone number of designer ✓ _ 5. Certificate of surveyor, engineer, or architect 6. Date plan prepared and date of revisions t4/Pt7. A listing of all conditions placed on the site as a result of a conditional use permit or conditional zoning approval 8. A space labeled "approved by the Zoning Administrator" for the approval signature and date of approval General Site Information Y N _ 9. Location map (scale 1:2000) _ 10. Magisterial District of site _ 11. Scale of site plan (not to exceed 1:50) _ 12. North Arrow 13. Zoning of site 14 Use and zoning of adjoining properties Lots/Uses/Buildings & Structures Y N 15. Surveyed boundaries for all lots and parcels 16. Acreage of all lots included in the plan 17. The location and dimensions of all required setbacks 18. and yard areas Location of all buildings, structures, and uses 19. The proposed use of each building, structure, and / area J _ 20. 21. The location and type of all dwelling units Ground _ floor area and total floor area of all buildings with FAR calculations for commercial and 22• industrial zoning districts _ The height of all buildings and structures — _ MIA The location and dimension of all signs 7 Lots/Uses/Buildings & Structures (con't Y N ? _ 24. Location of outdoor lighting fixtures _ 0- 25. Location and nature of outdoor storage areas _ 26. Location and area of common open space _ 010,27. 28. Location Location and description of all recreation facilities of sidewalks and pedestrian ways _ — OJA29. Location of outdoor trash receptacles Roads Y N —/ _ 30. Name and number of existing and nl annaH sf-racf-c nn / and adjoining the site 31. Location of existing and planned streets on and adjoining the site _WA32. Dimensions, boundaries, width, pavement, and construction of planned roads 33. Location and dimensions of all proposed entrances from public right-of-ways Utilities Y/ N J J Parking PKI 34. Location of all utilities, including sewer and water lines with the size of lines, mains, and laterals 35. Location and width of all easements, including access, utility and drai ments 36. Location and nature of fire 71ane , fire hydrants, and all other facilities ary to meet the Fire Code requirements tl- 37. Calculations describing the required number of parking and loading spaces 38. Location and dimensions of all parking and loading spaces, driveways, parking aisles, curbing, and other features to be used 39. Location and dimension of all handicapped spaces IV (0 C Natural Features Y/ N J _ 40. Existing and finished contour lines f f'41. Location of steep slopes, woodlands, floodplains, wetlands, sinkholes, and other environmental features fJ)�42. Location of streams and drainage ways Landscaping Y N V/ _ 43. Landscaping plan describing location and types of plants to be used P44. Location of required buffers and screening with cross sections or profiles Erosion and Sediment Control Y N 45. A stormwater management plan with run off calculations and location and description of facilities to be used _ 46. Soil erosion and sedimentation control plan with location, types, and examples of provisions to be used 9 APPLICANT'S CHECKLIST Your site plan should include the'following: Administrative Information Y N ✓ _ 1. Name of proposed development 2. Name and address of owner 3. Name and address of developer _ 4. Name, address, and phone number of designer ri 5. Certificate of surveyor, engineer, or architect _ 6. Date plan prepared and date of revisions _ v 7. A listing of all conditions placed on the site as a result of a conditional use permit or conditional zoning approval 8. A space labeled "approved by the Zoning Administrator" for the approval signature and date of approval Y N V _ 9. Location map (scale 1:2000) _ 10. Magisterial District of site _ 11. Scale of site plan (not to exceed 1:50) LZ _ 12. North Arrow Zoning of site _ 14 se and zoning of adjoining properties Lo /Uses/Buildings & Structures Y N JC _ 15. Surveyed boundaries for all lots and parcels 16. Acreage of all lots included in the plan _ 17. The location and dimensions of all required setbacks and yard areas 18. Location of all buildings, structures, and uses _ ,Z _ 19. The proposed use of each building, structure, and area 20. The location and type of all dwelling units _ 21. Ground floor area and total floor area of all buildings With FAR calculations for commercial and indus 'al zoning districts 2. The eigh of all buildings and structures all signs 2 The ion and dimension of 7- • 0 Lots/Uses/Buildings & Structures (con't) Y N 24. Location of outdoor lighting fixtures �- 25. Location and nature of outdoor storage areas _ 26. Location and area of common open space 27. Location and description of all recreation facilities 28. Location of sidewalks and pedestrian ways 29. Location of outdoor trash receptacles 0 30. Name and number of existing and planned streets on and adjoining the site v 31. Location of existing and planned streets on and adjoining the site ✓ 32. Dimensions, boundaries, width, pavement, and construction of planned roads v 33. Location and dimensions of all proposed entrances from public right-of-ways Utilities Y N ✓ _ 34. Location of all utilities, including sewer and water lines with the size of lines, mains, and laterals 35. Location and width of all easements, including access, utility and drainage easements c/ _ 36. Location and nature of fire lanes, fire hydrants, and all other facilities necessary to meet the Fire Code requirements Parking Y N 1� 37. Calculations describing the required number of parking and loading spaces 38. Location and dimensions of all parking and loading spaces, driveways, parking aisles, curbing, and other features to be used 39. Location and dimension of all handicapped spaces M ■ • n Natural Features Y N 40. Existing and finished contour lines 41. Location of steep slopes, woodlands, floodplains, wetlands, sinkholes, and other environmental features 42. Location of streams and drainage ways Landscaping Y N _✓ _ 43. Landscaping plan describing location and types of plants to be used _✓ 44. Location of required buffers and screening with cross sections or profiles Erosion and Sediment Control ,/ 45. A stormwater management plan with run off calculations and location and description of — facilities to be used 46. Soil erosion and sedimentation control plan with location, types, and examples of provisions to be used 9 �' Sp"�oSb-90 June 20, 1990 Early Years Child Care, Inc. Attn: Mrs. Lela Davis 723 Baker Knight Street Winchester, VA 22601 Dear Mrs. Davis: This letter concerns our conversation this parking requirements for day care centers. Zoning Ordinance requires one parking space one parking space per employee. You told requirement is too stringent for day care the available amount of outside play area, children are only on the lot approximately COUNTY of FREDERICK Department of Planning and Development 703 665-5651 FAX 703 667-0370 morning regarding the The Frederick County per five children plus me that you feel this use because it reduces and the parents of the five minutes a day. I understand your concerns; however, our department does not have the authority to reduce ordinance requirements by request. If you feel that the parking requirement should not apply to the Early Years Day Care, you have two options to pursue. Your first option is to approach the Board of Zoning Appeals. This body hears cases of citizens who are aggrieved by specific requirements of the zoning ordinance. This option requires you to fill out an application to be included on the Board of Zoning Appeals agenda. This body meets on the third Tuesday of each month at 3:30pm. The application fee is $45.00 plus a $25.00 deposit for a public hearing sign that must be posted on the property at least seven days prior to the hearing (the $25.00 is refunded when the sign is returned). If you want to pursue this option, you need to meet with me so we can discuss the application process. The application deadline for the July 17, 1990 Board of Zoning Appeals meeting is Friday, June 22, 1990. Your second option is to request an amendment to the Frederick County Zoning Ordinance. This process is the same as the request you made to allow day care centers by right in the B-2 (Business, General) District. You need to send in a written request to Robert Watkins, the Director of Planning, who will send the request to the Ordinance Subcommittee. This body will discuss the issue, and will request that the Planning Commission and the Board of Supervisors make a recommendation regarding this matter. If the recommendation is favorable, the amendment will become part of the zoning ordinance. 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 I trust this makes clear your options to pursue. If I may answer any questions regarding this letter, please do not hesitate to contact me. Sincerely, LJ�-M'r✓ Evan Wyatt Planner I EAW r A' COUNTY of FREDERICK IDepartment of Planning and Development 703/665-5651 FAX 703 / 667-0370 April 18, 1990 Early Years Child Care, Inc. Attn: Mrs. Lela Davis 723 Baker Knight Street Winchester, VA 22601 RE: Vested Rights For Use Of Day Care Facility On Property Zoned B-2 (Business General). Dear Mrs. Davis: This letter regards the purchase of parcel 54000-A00-0000-0000- 0104-0 by you and your husband in 1988 to establish a day care facility. Prior to the purchase of this property, you met with a member of the Frederick County Planning Department who informed you that day care facilities would be an acceptable use in this zoning district. The statement of intent of this zoning district was the basis for this interpretation. I met with you on April 11, 1990 to discuss the possibility of your property being vested for the use of a day care facility. At our meeting I asked you to provide any documentation regarding this matter. You provided me with documentation from William H. Bushman from the Virginia Department of Transportation, Ken Hewitt regarding a $50,000 real estate loan for this project, a memo from the Lord Fairfax Health District, and estimates from McGrane Fence Company and Omni Alarm Systems. This documentation is proof that the property was purchased with the intent of establishing Early Years Child Care, Inc.; therefore, the Frederick County Planning Department will permit this use with the understanding that all necessary plans and permits are applied for and approved. The letter that you submitted to our Department dated April 4, 1990 to request that day care facilities be a permitted use in the Business General Zoning District was brought before the Ordinance Subcommittee on April 16, 1990. The committee is considering this request to amend the Frederick County Zoning Ordinance, but feel that more research needs to be done at this time. 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 Please keep this letter as proof of our Department's position re%arding your vested interest in this property. If I may answer any questions concerning this letter, please do not hesitate to contact me. sincerely, EU0,V�� I ?I-: Evan A. Wyatt Planner I EAW r I Child Care from 16 months to 10 years April 9, 1990 Mr. Robert Watkins ' Frederick County Planning Development Department 9 Court Square Winchester) Virginia 22601 Dear Mr. Watkins: (703) 665-0088 Please find attached fQr your review the fQllowing documents requested by your office on Friday, April 6I) 1990 by phone. 1. Letter to Mr, Steve Gyursin,Assistant Commissioner discussing the proper zoning for Child Care Facilities. 2. A handwritten note inquiring about commercial entrances for the parcel of land in question. Most of the infor- mation was handled by phone regarding the use and plot so this may not be helpful except that the date of the inquiry is confirmed by other paper included in this packet. 3. Information from our initial loan application for the property in question which clearly indicates the intended use for which the property was purchased, I have deleted portions dealing.with personal financials as they have no bearing on this issue. 4. A letter following a visit from the health department to have the plans reviewed and ammended prior to finalizing. 5. An estimate from McCrane Fence Company' Inc, to add to the information on cost of the project, 6. An estimate from Omni Alarm System for the proposed amount of their work on the project, 7. Cover letter to the bank to request loan for the project dated a full week prior to the approval of the new ordinance. This was to be the final stage prior to submitting for permits and site work. Mr, Gyursin, I believe is willing to confirm our conversation regarding acceptable use for this property prior to our purchase and our expressed intent at that time, in April or May of 1988. Page 2 Should additional documentation of our ongoing -plans to use this plot for a Child Care Center be necessary,.there are additional estimates, as well as meetings with Building Official Fenneth Coffelt on numerous occasions to discuss this project in general or with the specific plans in hand. Also, Mr, Paul Stinnet has meetings with the builder and myself to review the plans prior to applying..for loans to be certain there were no other costs we were not aware of, Mrs. Carol Mayer, State Department of Social Services also reviewed the plans and Mr. Keith Williams, Architect has reviewed the plans and been paid a sum to revise and assist in obtaining the appropriate seals necessary for the project. All these final approvals are waiting for the okay on our pending loan application, As I stated to you in our conversation on Wednesday, April 4, 1990, we are working against the clock with our lease due to the inability to obtain a loan without a track record in the business. We now have established this but are in a shortening lease situation and the plans need to go forward to avoid loss of revenue in substantial amounts and the possibility of not making our proposed opening date to take advantage of the enrollment peaks and fill our center in a timely manner. This could seriously damage our ability to meet our financial obligations if the delay in too long; Tt is our intention and always has been to work with the county in every way possible and build a structure that is com- patible with the existing surroundings, We believe that this project will enhance the area and provide,;relief foxy a serious problem in the area., (news article enclosed) Any and all assistance you can give to expedite,this matter and allow us to go forward would be much appreciated, Please call me if you have additional.questions and T will be sending you the request to attend the meetings we discussed at a later date, S inceve ly , 4YI) Lela M, Davis Administrator/Owner cc; Kenneth Stiles Tom Throckmorton Expansion File - ,. 1Xavc. a corl o(- ram(-'t..�r�.d 1 An -N I W l► Child Care from 16 months to 10 years Match 17 1988 Mr. Steve GyuAs.in, As6.c,6.tant Comm,i.66.ionen Fhede&Ech County 066i.ee o6 Ptanning and Zoning 9 Cou t Square Winehe6.ten, VA 22601 Dean Mr. Gyutus.in: l In an e66on.t to 60ttow up on .in6onmati.on you supp.eied appropriate zoning 6or. day - cane cen to s and pees chootz , I am .the Sottowing request 'PL cons.ideAation by your. o66.ice and c I am ,tequuti.ng .that the zoning taw in Ftedetick County be wA tten to allow Day" Cane Centeno and Prezchoot s .in M-1 zoning. Rati.onate 6or .thi6 is based ptuma4i-ey on .the economi.c6 o6 . tijpe o6 businns. Beeaube of the 6ub.6tantiae di66eAenee in tan cost between M-1 zoning and B4 which you recommended according the code, it beeome6 pnohib.i ti.ve to operate a bu.6ine.66 6uch a.6 cost e66ective.ey when 6aced with .the high cost os pnopenty zone B-2. The6e costs are running 64om $50,000 60tc one ha 6 an acAe ,the outer Eimit6 o6 $150,000.00 pen aute. Tti i t ons make up :the .totae budget o6 a pA i-va to operation a. based on the ab.i.P i ty o6 paAents to pay. This -cis in .faun bah ed it .the area. These 6iguAa when set again6t the propen.ty costA zoningh ake prohibitive to operating a datfcare cciiteA/p4achoot cc-6t,s . Addi tionafty, quaZi ty day coAe is a much needed commodity twpidty gkow.ing area and the VLend is .toward eneouAag.ing .inda6.t .in meeting .th,i6 need. it would seem .to be o6 mu.tuae bene6J.t t0 alld day cafe to be in pn.oxi.mi.ty to one anothe,!. 665-0088 1988 N ED ti wnuto inlno 0 Page 2 I,J, 6o'l 610,the', Cons(dMatcon, you (4)( Sit f(I %ve, OuA e.x o6 expansion and 6inanciat pAojection6 OA tequiAe 6uAtheA con6ideA Chia request, I Witt attempt to 6uppty this bon y Thank You 60A your con6idekation o6 ,this Aequezt. SinceAety, Leta M. Davi,6 Adminizttatoy cc: 6-ite - Expansioii Project 0 C� /4 r G'� 4p a ,. Cce-c�,'t V.\e E a.c\� eo.cs G`�-.\61 Co,ce �Sc�c Fc .r S �b �� c�l \Do.cN -71�.. ).-ce s.-\e -'!; c•c C O\\oL\ecc.\ w ��\ Gonz�S� o a o C" cC> a. o n c o .,.� e a� h e. c��\c o".c e --owes An c\ c�. e � o. o06r% w.�\ \fie \cece�'C SOO CX c" T\d \\eeo�.c..ec�ci.o.�:o»v Ito �t\ �cr.�\�s -�co�\Er ��ck • \V,Q.0 c2c��ec �cov.ci.� cko.` o.<.c�, d,c� �Vec�•�� co.lze �oc o.0 e ` G C<\ b. �aG .\ . \ \ t\exA, A-o ze- ooC\ Ito oC� cc V v.�\C �ve. � ; v 'Je �� ; � �s w . �� ��c\ e. c� ew s . �� d.•c.e�. �c es.L c\� o o, tI. A-O etC's0 ,1 IZ* e r • t1 ar�C. c� � c\ c o \r \ \c\ e C CA` ol` ec oa\ —\ olZ IN �aS a�Go� VaL\tee Qnd. Q �e.q� \ OCq��Ot\. `.� o y c� arch \- �\ q � o_•� � � e� op0. � e��ay rc\C C\� C) I'o s+:.� :� PUG 1019aa LORD FAIRFAX HEALTH DISTRICT Health Departments Counties Of PAGE—WARREN—SHENANDOAH—CLARKE & FREDERICK City Of WIN CHESTER IN COOPERATION WITH THE STATE DEPARTMENT OF HFAITH November 30, 1989 MEMORANDUM TO: Ms. Lee Davis Early Years Child Care FROM: Ruth Grubb, Sanitarian Frederick -Winchester Health Department SUBJECT: Early Years Child Care P.O. BOX 2056 • WINCHESTER, VIRGINIA 22601 (703)662.0319 DEPARTMENT OF SANITATION (703)667-9747 Preliminary plans have been reviewed and approved on this date with the following.additions to existing food prep area: 1. Install three -compartment sink for the watih-rinse- sanitizing of cookware and utensils 2. If dishwasher is considered it must be of commercial grade - no home -style will be approved. 3. Install separate employee hand -wash sink. 4. Ensure bathroom in food prep area has self -closure door. Please contact this office if you have any questions and/or if we can be of further assistance. Sincerely, Ruth A. Grubb Sanitarian RAG/ jb McGRANE FENCE COMPANY, INC. Pago No. of Pages.. ' 330 Brick Kiln Road WINCHESTER, VIRGINIA 22601 (703) 722-6100 PROP(C)"SAL TO EARLY YEARS CHILD CARE, INC. 723 BAKER KNIGHT STREET PHONE 62-4703 E Z/25/90 JOB NAME/LOCATION WINCHESTER, VIRGINIA 22601 ATTN: MRS. LEE DAVIS JOB NUMBER JOB PHONE We hereby submit specifications and estimates for: FURNISH AND INSTALL APPROXIMATELY 375' OF 60" HIGH #9 GAUGE CHAIN LINK FENCE USING: 2 1/2" O.D. SS-20 TERMINAL POSTS, 2" O.D. SS-20 LINE POSTS, AND 1 3/8" O.D., .055 WALL TUBING TOP RAIL. ALSO WITH 3-48" X 60" WALK GATES AND 1-12' X 60" DOUBLE DRIVE GATE. *Please sign top copy and return to our office. Thank you. APPROXIMATE STARTING DATE - APPROXIMATE COMPLETION DATE - V,A-- Propose hereby to furnish material and labor — complete in accordance with the above specifications, for the sum of: THREE THOUSAND FOUR HUNDRED NINTY & 00/100 ---- --- ----- dflljars ($ ). Payment to be made as follows: UPON COMPLETION OF ALL WORK All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifica- lions involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents Authorized Signature ` TUM MCGRANE VA#014701 or delays beyond our control. Owner to carry fire, tornado and other necessary insurance. Our workers are fully covered by Workmen's Compensation Insurance. Note: This proposal may be withdrawn by us if not accepted within 30 days. Acceptance of Proposal — The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized Signature to do the work as specified. Payment will be made as outlined above. Date of Acceptance: _ _____ __ J Page No. of Pages. WGRANE FENCE COMPANY, INC. ' 330 Brick Kiln Road WINCHESTER, VIRGINIA 22601 PROPOSAL (703) 722-6100 PHONE E TO EARLY YEARS CHILD CARE, INC. 62-4703 Z/25/90 72.3 BAKER KNIGHT STREET JOB NAME/LOCATION WINCHESTER, VIRGINIA 22601 ATTN: MRS. LEE DAVIS JOB NUMBER JOB PHONE --We hereby submit specifications and estimates for: FURNISH AND INSTALL APPROXIMATELY 37.5' OF 60" HIGH #9 GAUGE CHAIN LINK FENCE USING: 2 1/2" O.D. SS-20 TERMINAL POSTS, 2" U.D. SS-20 LINE POSTS, AND 1 3/8" O.D., .055 WALL TUBING TOP RAIL. ALSO WITH 3-48" X 60" WALK GATES AND 1-12' X 60" DOUBLE DRIVE GATE. *Please sign top copy and return to our office. Thank you. APPROXIMATE STARTING DATE - APPROXIMATE COMPLETION DATE - %W Prop0SC hereby to furnish material and labor — complete in accordance with the above specifications, for the sum of: Payment to be made as follows: UPON COMPLETION OF ALL WORK All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifica- Authorized tions involving extra costs will be executed only upon written orders, and will become an Signature TOM MCGRAN1,T_­VA#014_1C01 extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance. Note: This proposal may be Our workers are fully covered by Workmen's Compensation Insurance. withdrawn by us if not accepted within ' 0 days. / (\ ance of Proposal — The above prices, specifications 7condiflionsare satisfactory and are hereby accepted. You are authorized Signature ork as specified. Payment will be made as outlined above. Signature ptance: -om1 II ALARM SYSTEMS INC. February 7, 1990 Mrs. Lee Davis Early Years Day Care Center 723 Baker Knight Street Winchester, VA 22601 Dear Mrs. Davis: Thank you for the opportunity to evaluate the security needs of the Early Years Day Care Center. The following proposal is an experienced recommendation in regard to your particular security requirements. It is felt that in this manner we best protect your property while keeping your cost foremost in our minds. A lesser quality system can be installed at a lower price, but our recommendation would then be compromised. You may, of course, add to the system at a later date as your budget or security needs may dictate. We use the latest state -of -the -arts electronic equipment. They are the top of the line, quality products which offer the most dependable security protection with the fewest maintenance problems. INSTALLATION One (1) Central Processing Unit Two (2) Touchpad Controls (One in each building) Two (2) Interior Sirens (One in each building) One (1) Exterior Siren One (1) Heat Sensor Six (6) Smoke Sensors Two (2) Gas Sensors Eleven (11) Manual Pull Stations Fire Extinguishers per Fire Marshall requirements The complete installed cost of the above system is $2,862.00. Both buildings would be put on the same system to give you better coverage. The cost of the equipment for the residential fire system for a 30" gas stove is $1,500.00. We can order this equipment but we do not install these systems. Complete instructions do come with the equipment and it can be installed by your building contractor. The equipment is U.L. approved as is the fire equipment listed above. Member / National Burglar & Fire Alarm Association / Chamber of Commerce 0 �J WARRANTY For one year from date of installation, Omni Alarm Systems will replace parts and make repairs including labor, less batteries and Acts of God over which we have no control. MONITORING Omni Alarm Systems, Inc. has its own computerized central alarm monitoring station. No matter what type of system you have, our high technology monitoring equipment tells us precisely the condition of your premise security 24 hours a day. Our operators monitoring your system are bonded, insured and fully trained. Our central station has emergency back-up power and a complete manual back-up system as well as direct communications with all Police, Fire and Rescue companies. The monitoring, in addition, includes control diagnostics, zone trouble reports, stand-by battery supervision, component failure and other reports to make your system as trouble free as possible. Remote program changes, such as delays or keypad codes may be changed quickly and without an expensive on -site service call. The monthly charge for full monitoring, supervision, dispatching is a modest $25.00 per month. SERVICE A full service contract including labor and all materials, less batteries and Acts of God, is available should you desire same to further protect your investment. The monthly cost is $10.00. If you do not want the service contract, then service of the system can be on an as needed basis with standard prevailing charges. Remember that a good alarm system is an investment in your security and personal well being. Ask your insurance agent. At your request, we will send your agent a letter outlining your security system. You may be eligible for discounts or credits. We are active members of the National Burglar and Fire Alarm Association, National Association of Fire Equipment Distributors, as well as our local Builders Association and Chamber of Commerce. We are listed and certified by Underwriters Laboratories (U.L.) for the installation and follow-up service of local alarm systems. If you have any questions regarding this proposal please call me at 662-2000. Sincerely, Nancy J FS ern Sales Manager Child Care from 16 months to 10 years (703) 665-0088 February 9, 1990 ,Mr. Kenneth Hewitt Jefferson National Bank Winchester, Virginia 22601 Dear Mr, Hewitti I•n 1988) 51% of mothers with infants under the age of one, 57% of mothers•with children under the age of 6, and 73% of mothers with children 6 to 17 years old were .in the labor force, (Bureau of Labor Statistics) EARLY YEARS CHILD CARE, INC, believes that the most significant adults in a child's .life are its parents, However, with statistics such as those provided by the Bureau of Labor Statistics it would appear that there is a critical need �'or some adjustment in our thinking regarding healthy, safe places for children to be. EARLY YEARS CHILD CARE, INC. evloved from a home.,based un- licensed program providing care for a maximum of five children, ages infant to six, with one staff person. In September, 1987, we opened our doors to the community with a licensure of fifty children ages 16 months to 10 years of age, Our opening enroll- ,r}ent was 19 children doubling within one month to 38, By December, 1987, we were at capacity with a waiting list, We have gaintained our current enrollment and carry a waiting list at all times with many calls for all age levels and especially for infant care, Currently, in the Winchester/Frederick County area there are only three child care facilities providing toddler care (age 16 ,Months to 24 months) and only two facilities providing infant care, One of those facilities is not licensed under the State Department of Social Services and the other two are the Winchester Medical Center, serving only their own personnel and a privately owned center providing care for toddlers at the southern end of the county, 0 Pag3 2 After two years of extensive research, collecting data, touring centers in Orange County, California; Sterling and Leesburg, Virginia; and our own Winchester Medical Center; after observing how our children utilize our resources; and listening to staff members and parents, we are proposing an expansion of our service, We propose to serve parents of infants aged six weeks to children aged six in the community at large with an increased enrollment capacity to 99 clients. Our philosophy and goals continue to be the following;(1) To establish and maintain a safe, health learning environment, To advance physical and intellectual competence. To establish positive and productive relationships with families, To ensure a well -run, purposeful program responsive to participants needs, * To maintain a committment to professionalism. A great deal of time and personal resources for the past ,Five years have been committed to these goals and philosophy, Our wish is to continue to do so in an atmosphere enhanced by all the knowledge acquired over the past years of experience and by drawing on the many resources available to maintain our efforts. Our plan has thus far been approved by the Virginia Department of Social Services, the Winchester/Frederick County Building Department, Fire Marshal, and Health Department as a Workable and well thought out project, Our committment is one hundred per cent in both our �inancial base and in our personal time to this project and we pespectfully submit the attached for your consideration and in support of the expansion of EARLY YEARS CHILD CARE, INC, Sincerely, ;Q4�11'We �* Lela M, Davis 'resident cc; all Board Members I� 1 A 4a Child Care from 16 months to 10 years ,April 4, 1990 Mr, Robert Watkins - Planning and Development Department 9 Ceurt Square W,inchester, Virginia 22601 Dear Mr. Watkins; (703) 665-0088 This letter is in reference to application to be included in the new zoning ordinance under B,2 as well as B.-1 Zoning. Early Years Child CareInc. is proposing to develop the parcel of property (plat attached) zoned B.-2 at the entrance to Regency Lakes as a child care center housing a proposed 99 child- ,ren and employing approximately fifteen staff persons. Under the old zoning ordinance we were allowed in both B„1 and B2 which were compatible for personal services such As this. Under the new zoning ordinance Child Care is speci- 4cal,ly included in B.,1 only. Since we will be taxed as a personal service and since personal services are listed under both zonings we request that Child Care specifically be also included in the B-.2 zoning as Weal as B,1. In order for us to take advantage of the prime time to open and fill our center we are requesting that this request b-e, considered in an expedious manner so our project may go forward as soon as possible. Thank you for your consideration and attention to this matter, Sincerely.,' Lela M, Dayis_ EARLY YEARS CHILD CARE., INC, cc;' Mr, Thomas Throckmorton Mark Repine -: Trademark Enterprises EYCC,INC. espansion file `_��/ ` .K ••.A'�z - .4< 3,.�— wr_a"• Sn.,•r=wM•�•.aL+i.:1 _ - •. _�� -yam �.• � .' 1 .s:••'s•i L •S:-ram j_.+ .Z%r .•4.. •.5 .. •���u•. j.� Vr �• 1`s _f_iC _f" f�`�. �-�!�2.-?ti..s yr��l.— •.��• - - '•`% 1-.rY. �:I`i•.:. � - � - - _ �, _ �..� �R♦ T. i. Z. t ._ .. .F ��•,-�. _ _ _w a T.� a . "4 •_: -. cV LLJ •_ Q� z IZ N • Q� O - o N � -• (0 c a z to m e _ 251279 S Q. F T. cr z °° ti G cn m Q - o�, y� J --N-66'-1416"E-= lLL 14706' —. `— L K EBERT U) 40.0'Ns C\j o 0 - 1498 W' C� is Z EXISTING BUILDING 1J.E-" 25,088 _ W = SQ. FT. ma. ao �_ _ o� o ' _ S 66' 14' 16" W-179.16' i 0 • March 1, 1991 Early Years Child Care ATTN: Lela M. Davis 723 Baker Knight Street Winchester, Virginia 22610 Dear Mrs. Davis: COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703/667-0370 The Frederick County Planning Department administratively approved the revisions to Site Plan #056-90 of Early Years Child Care on March 1, 1991. This plan calls for the construction of a 3,000 square foot day care center, two parking areas equipped with CG- 6 curb and guttering, 24 parking spaces, one handicapped parking space, a handicapped ramp, a five foot concrete sidewalk around the building, two play areas with six foot high chain link fencing, landscaping including maple trees and three foot high hedge, and all appropriate erosion and sediment control measures. Enclosed is a copy of the approved site plan for your records. If I may answer any questions regarding this letter, please contact me. Sincerely, Lw� 0, , Evan Wyat Planner II EAW/dds cc: Mr. Charles Orndoff, Sr., Stonewall District Supervisor Mr. H. Bruce Edens, Greenway Engineering 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 a • .a N N o� r, ao >t a 00 00 c 1 t • W O N a t t . (U I A 1J += N N CA N N .. 5 3 w .. �. to � z b In cu N o u N 41 c c H w U U i r ►NDYRYOK. LAP=cK A LARKICK ATTOL/1T• AT LM W MCiYTt1. ♦ GL399A EX685PG487 Ilk - THIS DEED made and dated this 3 C day of 1988, by and between ALFRED L. SNA:'P, JR. and B&TY V. SNAPP, his wife, parties of the first part, hereinafter called the Grantors and BOYD A. DAVIS and LELA M. DAVIS, his wife, parties of the second part, hereinafter called the Grantees. WITNESSETH: That for and in consideration of the sum of Ton ($10.00) Dollars, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantors do hereby grant and convey with general warranty and English covenants of title, unto the Grantees, jointly, as tenants by the entirety, with the right of survivorship, as at common law, all that certain tract or Varcel of land, together with all rights, rights of way and appurtenances thereto belonging, lying and being situate in Stonewall District, Frederick County, Virginia, fronting the Northern boundary line of the Berryville Pike - Virginia Primary Route 7, and designated Parcel "B" containing 25,279 Sq. Ft. by plat and survey of L. Allen Ebert, P.L.S., dated October 7, 1986, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 631, Page 722, to whiciz reference is made for a more particular description. INCLUDED as a party of the conveyance is the right to use in corumon with others a Twenty Ft. (20') right of way extending across the Northern Ten Ft. (10') of Parcel "A" and Southern Ten Ft. - 1 - MM D>RSON. L^iuucl & LARRICK .TTO�Nye AT LAW "CMXMYXa. V110{NL^ CK685PG488 (101) of Parcel "B" and a "10' Utility Easement" all of which are more fully described on the said attached plat. This is the property designated TRACT-2 conveyed to the Grantors herein by Deed dated July 2, 1987, of record in the aforesaid Clerk's Office in Deed Book 653, Page 10. This conveyance is made subject, however, to all rights, rights of way and easements of record, if any, affecting the aforesaid property. WITNESS the following signatures and seals: (SEAL) f1fred L. Snapp, Jr. (SEAL) Betty V. Snapp STATE OF VIRGINIA, AT- L RGE, CITY/`COVM`f- OF 11_ ?,;� n,, 1 , to The foregoing instrument was acknowledged before me this 0 day of a_ 1983, by Alfred L. Snapp, Jr. and Betty V. Snapp, his wife. �, - a My commission expires Notary Public - 2 - i�y�4$� eeo� � NOV 1990 R ECEIV ED 5��rz ZZ `—A 0 yr V o 6K685PG48S 0� Z 0 m. ti i W- m O N lw Q) Cr i` C%+ N h a Lo B �25 2�9 -3)Q. FT. a �C-n ti cti M Z m = o cn rn re) M W. o EXISTING W' �- BUILDING cn cn w,N A �' 25 088 SQ. FT. -s CLa � C) 4. S 866 14' 16" W— 179.16' s ' i VA. PRIMARY ROUTE 7 .72z 3 ego ti � HOV 1990 • ' . � � REC ' S2 EZ ZZ `t 6x685PG490 The Accompanying Plat represents a DIVISION SURVEY of the Southeastern Portion of the Land conveyed to Alfred L. Snapp, Srs and Alfred L. Snapp, Jr. T/A The Apple Cart by Deed dated 9 May 1979 in Deed Book 508, Page 68. The said Land fronts the Northern Boundary Line of Vas Primary Route 7, and lies in Stonewall District, Frederick County, Virginiafl Beginning at an iron pin (found) in the Northern Line of Route 7, a corner to Parcel "2", Deed Book 608, Page 562; thence with the Three Following Lines of the said Land, N 080 429 43" E - 159.73 ft. to an iron pin, and continuing N 080 421 43" E - 314.09 ft. IN A LLt thence with the Arc Line, 91.57 ft. (Chord N 340 56- 40" E - 88.40 ft., Radius 100.00 ft.)= thence N 610 100 38" E - 54s76 ft. to an iron pin in the Western Line of the Kinross Farm Landl thence with the said Line, t S 040 41- 07" E - 242.69 fte to an iron pin, and continuing Ij S 040 41- 07" E - 155.05 fte (397.74 ft. In All) to an f iron pin (found), and continuing S 040 411 07" E - 398.91 ft. IN ALL to a point in the said Northern Line of Route 71 thence vith the said Line, S 860 149 16" W 179.16 ft. to the beginning. Containingi �'Tli 0�•, ' ` Q '- bl ---yTract A z: Tract B o Total >= Suryeyeds; 25,088 Sq. Ft. 25,279 Sq. Ft. 50,367 Sq. Ft. 7 October 1986 LEN IFI RT (1.E NSq No. 1493 "D sungy� . 7i,a, %3 Sri 1 v, 3 A .(JL,i.A FdLJi.ltCrC CJUaCY, 5Cf. T. is tnsinimeut of wntlnq wee produo.d lo me oa Uw `d.y oI7_5Un4 19 1P•C-2, , of 3C D"- ,nd with certificate of acknowledgment thereto annexed was tdmltted to rocord. Tax unyueod ny Soc. Bt - A l of J v , and 5i-54 have been paid, if aaaesaablo. t Clark. 346678,9 Nov 1990 RECEI� , s��� ZZGZ�' ,ti�a66 78 �� � • I Hp� lg9p ti EOr Certificat® Of Scl&`actiozl Se© Deed Book Z' L Page- . �06 �92SZbz>rzz2` BK685eG491 THIS IS A CREDIT LINE DEED OF TRUST. THIS DEED OF TRUST is made as of the. -�Q. day of..... Tune ........• 19. 0..., by and bclween .. 13QYP.A, . VAVZS. and LUZ. M.. TYNZS,. his .wife . .............................. • • • • • • • • • . • • • • . • • ................... herein referred to as the "Grantor" (whether one or more), and ..... ... W. FOREh111N ................ of Frederick COuntY......, Virginia, and , , , ,J,. , •F2ANUOLPH...... , LARRICK Of Frederick CountY........... Vir&ia, herein referred to as "Trustees." Purpose. Jefferson National Bank, herein called the "Bank," intends to extend, or has already extended, credit to one or more Grantors, i or to such other persons) as may he named herein, in varying amounts and from tinge to time upon such conditions as the Bank may impose, and the Grantor desires to secure to the Bank tle payment of all such extension of credit up to an aggregate principal sum hereinaf;er specified, plus interest thereon and any other obligations related thereto or otherwise specified herein. Inquiries should be directed to: Jelferwn National Bank, Attn. Credit Dept., 123 E. Main St., Charlottesville, VA 229t1. Property Conveyed. For value received and in consideration of the trusts set out herein, Grantor hereby grants and conveys unto the Trustees• in trust, with general warranty and English Covenants of title the following described real estate: All that certain tract or parcel of land, together with all rights, rights of way and appurtenances thereto belonging, lying and being situate in Stoncaall District, Frederick County, Virginia, fronting the Northern boutdary line of the Berryville Pike -Virginia Primary Route 7, and designated as Parcel "B" Containing 25,279 Sq. Ft. by plat and survey of L. Allen Ebert, C.L.S., dated October 7, 1986, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book b31, Page 722. IIMMM as a part of this conveyance is the right to use in corrrnon with others a Twenty Ft. right of way extending across the Northern Ten Ft. (10') of Parcel "A" and Southern Ten Ft. (10') of Parcel "B" and a "10' Utility Easement" all of which are more fully described on said plat. This is the same property conveyed to the Grantors herein by Deed from Alfred L. S napp, Jr., et ux, said Deed to be recorded prior to this trust in the aforesaid Clerk's Office. Together with all the buildings and improvements now and hereafter erected on the real estate and all eawmcnts, rights, appurtenances, rents, royalties, timber, mineral, oil and gas rights gold profits and all lixtures now or hereafter attached to the real esute• all of which, including replacements and additions thereto, shall he deemed to he and remain a part of the properly covered by this Decd of Trust; and all of the foregoing, together with said real cslalc arc referred to in this Deed of Trull as the "Property." As additional security, the Grantor hereby assigns to t;ie Bank (1) all condenmution proceeds and proceeds of any policy of insurance due in connection with the Property and (2) if any of the Property is leased or any cawnicni thereon or right to remove any portion of the Property has been or is at any time grunted (either now or in the future and whether with or without the consent of the Bank or the Trustees)• the lease, other instrument, a rc•cnlcnt or contract right and all rights t;icrcundcr and any and all rents, royalties, income and other ac,ruin& benefits d relate) thereto; and all such shall be included in the term "Pruperty." j Secured Obligations. The Property is conveyed In trust to secure the following obligations, which shall sometimes be rcferrcd to herein as "secured obligations." a. Obllgallons of Grantor. Except as otherwise limited by the next section of this Deed of Trust entitled "Limitations," the Property is conveyed to secure payment of all obligations Grantor (or any one of them, if more than one) owes to the Bank for any reason both now and at any time in the future, regardless of the amount, whether natured or unnlatured, absolute or contingent and however evidcnc- cd. This includes but is not limited to: (a) future loans and advances made at the Bank's option (even if not currently contemplated and even if made after all current obligations have been repaid); and (b) all obligations to Bank now existing or later incurred whether owing originally to Bank or purchased by the Bank from a third party. 0 If this box is checked, the Property is conveyed to secure the payment of all consumer credit obligations Grantor (or any one of them, if more than one) owes to Bank as of -the date of this Deed of Trust. 0 If this box is checked, this Deed of Trust is a "Deferred Purchase Money Deed of Trust" as defined in Section 55-60 of the Code of Virginia, 1950, as amended, and is given initially to secure a loan for the purchase of the property conveyed. 0 If this box is checked, this Deed of Trust is a "construction loan deed of trust" as described in Section 58.1.804 of to Code of Virginia, 1950, as amended. and is given initially to secure a loan for real estate construction which shall become payable on demand or three years or less from the date hereof. b. Obligations of. .94.4.Y..YJANS .QULD..CAn,..INC.................................... ("Burrower"). Except as utierwisr limited by the next section of this Wed of Trust entitled "Limitations," the Property Ix conveyed to secure payment of the following obligations in addition to all of Grantor's obligations: (Check Urge box below. If the nanic of a Btnro%kcr Is Inserted allove, but no box is checked, die first box will be deemed checked ar.Jl applicable.) I$ All obligations die Borrower (or any one of tleill, It Afore (hall one) owes It) the Bank for any rcau)n both now and at any tirie in the future, regardless of the amount, whether matured or tunnaturcd, absolute or contingent and however csidcnccd. This includes but is not limited to: (a) future loans :aid advance's olade at the Bank's option (even if not currently contemplated and even if nude after all current obligations have been repaid); and (b) all obligations to Bank now existing or Later incurred whether owing originally to Bank or purchased by the Bank from a third party. 0 The obligations the Borrower (or any one of than, if more than one) owes to the Bank in connection with a I $ loan or line of credit evidenced by �-� and any extensions, renewals and modifications of it. If a line of credit, Bank may increase this credit limit or loan more money at any tinge, but the Property may not be used to repay more than an amount equal to the amount shown here, plus interest, plus , costs. 0 All consumer credit obligalium Borrower (or any one of them, if more than one) owes to Bank as of the Date of this Deed of Trust. c. If more than twenty years after the date of this Deed of Trust, the latest date on which any extension of credit secured hereunder isscheduled to mature is........................................................................................... d. The ProM1lrty shall also secure reimbursement to the Bank and the Trustees for any and all costs, attorneys' fees and other expenses of whatever kind incurred by the Trustees or the Bank in connection with (i) obtaining possession of the Property, 0i) the protection and preservation of the Pruperty, (it:) the collection of any sum or sums secured hereby, (iv) any litigation involving the Property, or this Deed of Trust, or any benefit accruing by virtue of the provisions hereof or the rights of the Trustees or the Bank hereunder, (v) the ) presentation of any claim udder any administrative or other Proceeding in which proof of claim is required by law to be filed, (vi) recording or releasing this Deed of Trust and any additional examination of the title to the Property or execution and recording of further aswra=s i na►aoau vas I ( t A V� r0 ��925? bz sz zZ`ti�� a K 6 8 S F G 4 9 2 or any physical wrveX of the Property which may be required by the Tru%tccs or the Bank for any reason in good faith. or (%ii) taking any steps whatsoever in enforcing this Deed of Trust, claiming any benefit accruing by virtue of the provisions hereof or exercising their rights hereunder; all of which costs and expenses shall be the obligation of and be paid by the Grantor. Limitations. a. The aggregate amount of the obligations to which the Progeny may be subjected for payment may not exceed the sum of (1) extensions of credit in the aggregate principal amount outstanding of —FIFTY TFD(),SANI) and ,no/100, , ,------- ...................................... .DOLLARS 50 000 00 •�•����••"..••" � li• • • • l • • • . •'• • .....) plus (2) interest and charges thereon, plus (3) all actually incurred costs and expenw% of the Trustee% or the Bank a% provided for in this Deed of Trust or In any agree'miemt evidencing. r lasing n) or a%%ocialed with any cxtcmit)n of credit. This linwition on the amount of the obligations to which the Ptufxny may be subjected %hall not Ix con%trucd to either (i) create any respon- sibilityon the Bank to inform the Grantor (if the aggregate obligations l)f any Pl• on whose• obligations are %%cured, in whole or in pan. by the Property or 60 limit or restrict in any way file aggregate amount of credit or direct or contingent liability which the Bank may extend in. or allow to be incurred by, any one or more perutfs. A% used in this Deed of Trust, the term "e%ien+ion of credit" shall include, but not be limited Io, loans• lines of credit, check% and other itcnl%accepted for collection and for which value has been given• merdrala, letters of crcilit, guarantees, and cunnmhment% (o extend credit. The term "obligations" is used in its broadest sense to include• but not I>< limited Liu, extensions of credit• intere%t, charges• costs. duties of performance and inJebtednes% of any kind or source. b. If the writing which evidences an eaten%ion of credit ( I ) is executed after the date of this Deed of Trust and (2) %recificall) %talc% that the extension of credit is un%ecured or that there is no collateral, that extension of credit and the obligations related thereto %hall not be %%cured by the Prufxrly under phi% Deed ill Trust. c. Any consumer credit obligation• a% dclined wider the ILLIvial Truth in Lending Act and applicable iniplementing regulation%• of a Grantor or other person named aho%e, will he secured by the Property under thi% Deed of Trust unl) if (i) Ihi% Ikcd oil rust or the Property is specifically mentioned in a writing which c%idences the obligation or in a di lowrc statement• conuuiuncnt letter or other apreci ent related to+ that obligation. or 60 the ohligation to tx; %%cured is identified in file section of lhi% Dccd of Trust entitled "Secured Ublivation% " General Warranties and Covenants. Except a% specifically modified elsewhere under the term% of phi% Deed of'fru%t. the Gramnr covenants• and this Deed of Trust %hall be construed its inhl+ow and confer ufx+n the parries hereto and file ($'rielieiarie% hereunder, all warianlic%• dutic%, right% and ohligations plewilbed in n Scclios 55-59 aril 55.70 through 55.74 uiclusiye of the Code of Virginia of 1950. as amended. Grantor further covenants that the Grantor and any lessee of the Property will comply with all laws and ordinance%. Grantor and the Bank covenant and agree as follows: 1. Obligations Secured. This Deed of Trust is intended to secure existing obligations or obligations which arise and arc repaid from time to time on differing dates and for differing amounts and for differing purposes, provided the obligation meets the descriptive re- quirements for a secured obligation as set forth above. No identification by signature of any Trustee shall be required beyond that which is set forth above, if any. The secured obligations shall be performed and repaid in accordance with the terms• charges and rates of interest stated in the notes, instruments or other agreements underlying each such obligation, including any loan agreement or commitment related thereto. 2. Applicatlon of Payment and Proceeds. The Bank shall not be required to in any way appxmion among the obligations secured hereunder any funds or monies received from any source, including those received from the di% osition of the Property. Funds rccei%cd from or with respect to any person obligated to the Bank may be applied to pay any obligation of such person (whether secured hereunder or not) in such amount, manner and sequence as the Bank may determine to be in its own best interest. Proceed, of the dhspo%ition of any property which secures an obligation also secured under this Deed of Trust may be applied by the Bank in whole or in pan to the payment of any obligation secured by such property. Any monies received from any Grantor may, but need not, be first applied to meet any escrow requirement as provided under section 5 below and/or to the payment of any amount which may result in a lien which would have priority over the Bank's interest in (lie Property. If any obligation secured. hereunder is contingent, or not liquidated• or not matured, or not declared in default at the tittle of receipt of any monies as proceeds or in settlement of (a) any policy of insurance on the Property or (b) disposition or rental of the Propcny after default or (c) condemnation or taking of the Property• at the Bank's discretion alter paying any matured obligations, cost%• charges, fees or other expenses, the Bank or the Trustee shall to entitled to hold in escrow so much of the balance of such monies a% the Bank in good faith believes necessary to fully secure die repayment of the maximum potential amount of such obligations as e%tiniated from time to time by the Bank in gaol faith. If the Grantor is not personally liable for the repayment of such obligation. the Bank will pay interest on such escrow amount at a rate not to exceed that currently being paid by the Bank on regular statement savings accounts for which no maturity or notice period is required. Except as otherwise agreed by the Bank in writing, payment in excess of the aniount scheduled under the terms of any agreement which underlies an obligation shall not alter, extend or postpone the amount or due date of any scheduled payment. 3. Hazard Insurance. Grantor shall keep the improvements now existing or herealter erected on the Property and any marketable timber or crops growing on the Property insured against loss of fire, hazards included within die term "extended coverage," and such other risks as Bank may require. The insurance coverage shall be in such amounts and for such periods as the Bank may require, and shall• in any event• be in an amount sufficient to prevent Grantor from becoming a co-insurer as to such insurance. All insurance policies and renewals must: (a) contain a standard mortgage clause in favor of the Bank; (b) provide for at least 30 days prior notice of cancellation to the Bank: (c) be with a company acceptable to the Bank; and (d) be in a form and contain term% satisfactory to the Bank. Grantor shall promptly provide to the Bank tire original of any policy or renewal ur ref)laccmcnf policy (which will be held by the Bank) and shall provide Bank with other evidence of insurance upon request. If Grantor fails to maintain such insurance or fails to provide evidence of such insurance in a timely fashion. Bank may, but need not, obtain such insurance protecting either (a) the interest of both the Bank and the Grantor or (b) the interest of the Bank only. The Bank may obtain the insurance in any form and amount and with any insurance carrier the Bank %houses. The Grantor shall reimburse Life Bank for the actual cost of the insurance immediately upon demand. In the event of loss. Grantor shall give prompt notice to the insurance carrier and Bank. Bank may make proof of loss if noI made ppmmptly by Grantor. The proceeds of any insurance paid for any reason whatever shall• u) file extent of the ohlipafiuns secured by the Pmt+eny then remaining unpaid, including contingent obligations and outstanding conhmiunents by the [lank to extend credit which could or would be secured under this Deed of Trust and which are not conditioned upon loss or damage to the Property, be paid to the Bark. Unless Bank otherwise agrees, the proceeds of any insurance will be applied to the obligations secured hereunder in accordance with the directions of the Bank and as provided in section 2. If the Property is abandoned by Grantor, or if Grantor fails to respond to Bank within 20 days from the date notice is mailed by Bank to Grantor that the insurance carrier offers to settle a claim for insurance benefits. Bank is authorved to settle the claim on behalf of Grantor on such terms as the Bank determines to be in its own best interest and to collect and apply the insurance proceeds at Bank's option either to restore or repair the property or to pay any secured obligation. In the event of foreclosure under this Dctd of Trust, all right, title and interest of the Grantor in and to any insurance policies then in force, or any proceeds of insurance policies resulting from damage to the Property prior to foreclosure, or any refund or unearned premium, shall pass to the Bank who may receive on Grantor's behalf the cancellatiun value or proceeds and may apply the same to the extinguishment of the debt. 4. Taxes, Charges. Grantor shall Pay promptly when due all taxes, assessments, governmental or municipal charges, fines and im- positions attributable to the property which may attain priority over this Deed of Trust, (211 of which are hereinafter referred to as "taxes"). and leasehold payments, if any. Grantor shall promptly furnish to Bank all notices of amounts due under this paragraph and, unless pay- ment will be made by Bank pursuant to section 5, Grantor shall promptly furnish to Bank receipts evidencing such payments upon request. Grantor shall promptly discharge any taxes which have priority over this Deed of Trust. S. Funds for Taxes, Insurance and other Charges. When requested by the Bank in writing. the Grantor shall pay to the Bank on such date or dates as the Bank may specify, and continuing for so lung as this Deed of Trust remains unrclea%cd, monthly payments to the Bank equal to one-twelth of (a) the yearly taxes plus (b) the yearly premium for hazard and other risk insurance required by the Bank Plus (c) the yearly premium for mortgage insurance, when required by tie Bank, all as reasonably estimated initially and from time to time by the Bank; provided that the Bank may require tat the first such payment be in as great amount as necessary to ensure that, when added to the succeeding regular payments, the aggregate amount will be sufficient to pay when due the taxes and insurance. The Bank will hold these funds to pay such premiums and taxes before the same become delinquent, but it is specifically agreed that no interest shall ever be paid to Grantor with respect to these funds. The Bank may, at its option, commingle thew funds with other such funds or with its own monies and accounts if an accounting is maintained. Provided (a) all other payments due the Bank are current 431 otCA��C �r. • `8x685PG493 and (b) no obligation secured hereunder or otherwise owed by the Grantor to the Bank is in default and (c) the Bank considers itself to be secure in the payment of all such obligations, the Bank will apply such funds as have accumulated for the purpose in accordance with the provisions o this Deed of Trust to the payment of such taxes and insurance premiums as hills therefore are properly presented to the Bank and arc due. However, the Bank shall not be liable for any loss or damage incurred by the Grantor in connection with any failure of the Bank to pay such taxes or insurance premiums when due, provided the Bank has not acted in bad faith. If the aggregate of these payments received by the Bank prior to the due dates of taxes and insurance premiums is not sufficient to pay the amounts due, Grantor shall pay Bank any amount necessary to make up the deficiency within 30 days after the date a notice is mailed by the Bank to the Grantor requesting payment. Alternatively, the Bank may require Grantor to increase the amount of future payments to pay deficiency. 6. Preservation and the Maintenance of Property. Grantor shall keep die Property in good repair and shall not commit waste or permit impairment or deterioration of the Property. Grantor shall not remove or sell any timber, mineral, oil or gas, or any rights thereto, without the prior written consent of the Bank. Grantor shall comply with the terns of, and perform Grantor's obligations under, each of the following which relate to the Property: (i) any policy of insurance; (ii) any (case; (fit) any declarations, covenants, by-laws or regula- tions creating or governing any condominium, planned unit development or subdivision and (iv) any covenants or restrictions or burdens contained in any deed trunsferring ownership of the Property to Grantor or otherwise running with the Property. 7. Protection of Bank's Security. If Grantor fails to perform any covenant or agreement contained in this Deed of Trust or if any action or proceeding is commenced which materially affects the Batik's interest in the Property (including, but not limited to, emminent domain, insolvency, code enforcement, any proceeding under the federal Bankruptcy Code, or any proceeding with respect to a decedent), then Bank, at Batik's option and without notice to Grantor, may make such appearances, disburse such funds and take such action as Bank in good faith determines appropriate to protect the Batik's interest, including, but not limited to, die disbursement of loan funds to buddcrs, contractors, or materials .the payment of taxes or insurance premiums, the discharge of liens or encumbrances against the Property, and entry into or upon the Property, by force or otherwise, to make repairs. S. Inspection. Bank may make or may cause to be made reasonable entries upon or into the Property from time to time for purposes of inspection. No notice to Grantor shall be necessary unless the Property is improved and actually occupied at the time any such entry or inspection is desired, in which case reasonable notice consistent with prutcciing die bank's interest shall be given. 9. Condemnation. The proceeds of any award of or claim for damages, direct or consequential, in connection w ith any condemnation or other taking of the Property, or any part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to the Bank. After application and,'ur escrow in accordance with the terms of section 2, the excess, if any, shall be paid to Grantor. 10. Release or other Collateral and Securities. Unless otherwise specified in this Deed of Trust. Grantor hereby authorizes the Bank, in its sole discretion: (i) to release any collateral which secures any obligation secured under this Deed of Trust, (ii) to release or eom- VZise the liability of any person who may be liable in any capacity fur the repayment of any obligation secured under this Deed of Trust, other than a person specifically identified as an obligor in subparagraph b of the section of this Deed of Trust entitled "Secured Obligations," and (iii) to fail to enforce the liability, fail to pursue any remedy or fail to take any legal action a afnst any or all persons who may be liable in any capacity for the repayment of any obligation secured under this Deed of Trust, including a person specifically klentificd as an obligor in subparagraph b of die section of this Deed of Trust cntiticd "Secured Obligations." The obligations fur which the Property may be suhjcctcd for payment shall not be credited with the value of any such collateral or with any portion of any debt Or liability owed to the Bank by any such person. The Bank shall have no duty to, and shall not be expected ui, inform or consult Grantor with respect to any such release, compromise Or failure to enforce a claim either prior to or at any time after such an Occurrence. 11. Extensions of Credit and Renewals. The Bank may extend credit to any Grantor or any other person whose obligations are secured hereunder in such amounts, at such times and upon such terms as the Bank in its sole discretion may determine without in any way reduc- ing, limiting or releasing the Buik's scout fly interest in the Properly ureter this Deed of Trust. The Bank may vary the terms of any credit extended, including the rate of interest, renew or extend the time of payment of ally ubligatiun without limitation, extend any amount of additional credit or acquire additional obligations of any person at any tinic without notice to tie Grantor or any other person. Renewals or extensions of time for repayment may be made for any length of time and any number of different times the Bank in its sole discretion may determine. 12. Walvers and Ebrchearance by Batik. Any waiver by Bank or Trustce will be effective only if in writing and only for the specific Puri -se and instance granted, and delay in enforcement or requireoicnt of any provision will nil be a waiver of or preclude the exercise of any such right or remedy or event of default. Acceptance by the Bank of any payment will not tic deemed a waiver Of any dcf uh (including any lailure to make such payment tin title) ulllc%L the Bank expressly states in writing that tic particular event of default is waivtcd. 13. Transfer, Sale or Contract of Salle of Properly. Bank may, at Batik's option, declare all obligations of any Grantor which are secured under this Deed of Trust to be ininiediately due and payable if, without die prior written consent of the Bank: (a) all or part of the Property or any interest therein is sold or transferred (including by Icasc) or made the subject of any land contract or other type of conditional sales agreement; or (b) Grantor ccascS to use the Pniipctty as Grawor's prinary residence: or (c) Grantor dies not commence using the Property as Grantor's primary residence within nine mondhs of die date of this Deed of Trust. Any delay in enforcement of this provision si.all not constitute a waiver of the Batik's rights hereunder. Any grant of an extension of any time period, or writter, consent to sell, transfer or make subject to any conditional sales agreement, or written consent to temporarily cease using the property as Grantor's primary residence, shall be effective only for the specific instance (including parties involved) and duration given and scull not apply to any other instance or longer period unless new consent is given by Bank in writing. If Grantor does not pay all such obligatinns in full within 30 days after the date on which (tank trails to Glamor a notice of Flank's exercise of this option by ordinary prc,paid mud to tie address shown on Bank's records. Ilank may declare Grantor's oblif;atiom to be in default and Flank shall be entitled to such remedies as are provided in section 16 below or in any agreement underlying any obligation secured hereunder or by applicable law. in the event this paragraph is determined to be void or unenforceable in whole or in part, Bank shall nevertheless be entitled to receive over the remain- ing tern of any obligation of Grantor such higher rate of interest and additional service charge as Bank may require, provided that such higher rate is reasonably commensurate with then current rates imposed by the Bank for similar obligations. ld. Trustees. All of the fxiwcrs and discretion granted to the Trustees under this Deed of Trust, or by law, may be exercised by either Trustce named herein or any successor Tiustcc, and the Trustees may act through their agents and attorneys. The Bank niay substitute or remove any Trustce at any time without cause and, by instrument duly executed and acknowledged, may designate and appoint one or more substitute Trustees in the place and stead of any such Trustee, and the substituted Trustcc or Trustees shall thereupon be vested with all powers, rights, authority and duties vested in a Trustee hereunder. The Grantor covenant., that: the Trustees may rely upon the oral or written representations of the Bank that an event of default has occurred under the ternis of this Deed of Trust; the Trustees shall not be required to ascertain or inquire as to the performance of any covenants or agreements contained herein or in any other agreement underlying or related to an obligation secured hereunder; and all action taken pursuant to such representations and request for foreclosure or other appropriate action as provided herein or by law shall be binding upon the Grantor, the Trustees and those claiming under or through them. Grantor agrees to indemnify and save the Trustees harmless against any loss, liability or expense that they may incur in the exercise and performance of their powers and duties hereunder or as a result of serving as a Trustee hereunder, and not due to their agligcncc or bad faith. IS. Event of l)yfault. Each of the following shall constitute an event of default under this Deed of Trust: (i) any payment with respect to any obligations secured under this Deed of Trust, together with any related late charge, is not paid when due; (if) an event of default occurs under the terms of any obligation secured under this Deed of Trust; (iii) an event of default occurs under the terms of any other agreement Mtween Grantor and Bank; (iv) any provision, agreement or covenant of this Deed of Trust is not met or performed as provided herein; or i , --ny representation pr warranty given by or on behalf of the Grantor proves to have been false when given. 16. Remedies. If any event of default occurs, the Bank may, without prior notice to any person, declare any one or all obligations secured under this Deed of Trust to be in default and to be immediately due and payable in full. Upon declaration of default: (i) the Bark or the Trustees upon demand of the Bank, by agent or in person, shall be entitled to take immediate possession of the Property, and to enter upon or into the Property with or without force or process of law, and to manage or hire another person to manage the Property, and to collect rents of the Property including those past due, and to rent the Property at such rental and for such term and upon such conditions as the Bank or the Trustees (whomever shall be acting under this section) may deem proper, and to make any commercially reasonable and/or necessary repairs to tie Property or to replace all or any part of the same, and apply any rents actually coliccicd as provided below in this section; and (h) the Trustees upon demand of the Bank, or the Bank. may sell all of any portion of the property and apply the proceeds of such sale or sales as provided below in this section. Any rents collected or other income generated other than by sale of the Property, after paying (i) the cost of collecting rents or other income, 00 reasonable management fees actually incurred or, if none, a gommission of SR, to the Trustees managing the Property and (iii) the costs of any repairs or replacements or any other costs, shall be applied to the payment of the obligation secured hereunder in accordance with section 2. Regardless of where the Property is located, the Trustees will advertise any sale once a week for three consecutive weeks in a newspaper published or having general circulation in a county or city in which the Property or any portion thereof is located. The Trustees may sell the Property or any portion thereof on the fifteenth day after the first advcrusement or any day thereafter. Any sale or sales of the Property maybe of the Property or of such parts cheroot u the Trustees shall dam best. A Bidder's deposit of up to the greater of 10% r 70'�' 685rc494 ��CL a � 1� of the sale price or $1.000 may be required. No purchaser hereunder shall be required to look to the applacation of the purchase monks. If the Trustees are instructed to sell the Property and, for any reason, the Property is not sold by the Trustees, the Grantor shall pay to the Trustees all actually incurred costs plus a reasonable hourly fee for work actually perfurtned by the Trustees, the payment of which shall also be secured by the Property. 17. Termination of Security. The Property will not secure payment of new extension% of credit to person% designated by the Grantor after the Credit Department of the home office of the Bank actually receives WRITTEN notice of termination from the Grantor. The Grantor shall bear the burden of proof of such actual rcceipl. Such notice .hall not be effective with rc%pect to any commitment made by the Bank prior to receipt of the notice, regardless of the time of performance under the commitment. Not %hull such notice be effective with respect to (1) future obligations arising in connection with existing extemmns of credit and (2) any renewal or extension nr reacqum- loon by the Bank of any obligation which existed prior to receipt of die notice, rcgardlcss of the number or duration of such renewals or exlenIions. IA. Other ProvL%lons. The right% and renici ic% of the Bank under this Deed of Trust are not exclu%ive; the Bank will be entitled to and may exerci%c any other right% or rcnicdic% provided under law. The exercise by the (tank of any right or remedy, including the institu• tion of any IcFF!al pniccrding, %hall not foreclose or hinit the excrci%c by the Bank of any other right or remedy, whether hclorc, after or concurrently with any other exercise of right or remedy. All rights of the Bank hereunder will inure to the henelit of it% wcce%wr and a%signs, and all obligation% of Grantor hereunder will hind heir%, perwnal rrpresenLkhve%. %ucceuors and assign%. Ohligaimm assign• ed by the Bank to another will not he paid from the proceeds of any di%lxmlion of the Property until after the obligation% owed to the Bank at the time of assignment (other than the obligation a%signcd) have Ixcn paid in full, regardless of the tune any such obligation was incurrod. NOTICE. — THE DEBT SECURED IIERF.IN IS SUBJECT TO CALL IN FULL OR THE TEWMS THEREOF BEING MODIFIED IN TILE EVENT OF SALE OR CONVEYANCE OF THE PROPERTY CONVEYED. WITNESS the following signatures and seals. , (SEAL) -�- �MJD�dvis -zivis % (SEAL) (SEAL) —LLt21�L (SEAL) Le (INDIVIDUAL AC KNOW LEDGEMEN'r) STATE OF VIRGINIA, AT-IAWE, CITY/OWM OF WINCHESTER , to -wit: The foregoing instrument was acknowledged before me this 30th day of .Tune 19 88 by Boyd A. Davis and Lela M. Davis, his wife My Commissioncxpilc%: _--I-t — rl Notary Public (INDIVIDU]L ACKNOWLEDGEMENT) STATE OF VIRGINIA, damN.A rsrorwicK p111111T1. SOT, „ 1N% 1I 0-1 W W"" .r /rW,w,1 to nr Oft V. � � do,, J 1 _e' —w—W .1.cwa .r h . n Vn. ..o -d CITYICOUNTY OF The foregoing instrume 19 by My Commission expires: (CORMIRATE ACKNOWLEDGEMENT) STATE OF VIRGINIA. Notary Public CITY/COUNTY OF . to -wit: The foregoing instrument was acknowledged before me thin day of 19 by as of , a Virginia Corporation. on behalf of the Corporation. My Commission expires: Notary Public