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HomeMy WebLinkAbout05-05 Briarwood III Urban Dwelling Units - Redbud - Backfile (2)t MASTER DEVELOPMENT PLAN TRACKING SHEET r (Note: The application does not need to be complete to be accepted but will not be scheduled for the PC or BOS until all items have been received.) Submission Package Comment sheets from the following agencies along with any marked copies of the plan: VDOT Fire Marshal ✓ Sanitation Authority Inspections Dept. Health Department County Engineer ✓ City of Winchester GIS (Mapping) Parks & Recreation Winchester Regional Airport One copy of the master development plan application. ✓ Appropriate number of blueprint plans, colored maps, etc. to cover the PC and BOS meetings. 1 Submission Fee TRACKING Date Application received o bS Fee Paid (amount: S 3D PreliminaryMDP heard by Planning Commission - Action taken:' � Preliminary MDP heard by Board of Supervisors - Action taken: OS` Letter to applicant regarding Board action and revisions (if required). Final MDP submitted with review agency, PC and BOS comments addressed. h V- —0 s Final MDP signed by County Administrator and Planning Director (send two copies to applicant). a Administratively approved; letter sent to applicant. NOTES: DATE: 023 05-- File opened. I kiLoS Reference Manual updated/number assigned. �0— D-base updated. -23 S List of adjoiners given to staff member for verification. OS7 One black & white location map requested from Mapping & Graphics. Four sets of labels requested from Data Processing. �, p� U�-�'�' - File given to Renee' to update Application Action Summary. CLOSE OUT FILE: Approval (or denial) letter mailed to applicant (*Note: Be sure Joe Wilder in Public works and Jane Anderson in Real Estate receive a copy of the administrative approval letter. Jane wants a copy of the final action letter even if the application was denied or withdrawn.) File stamped "approved"/"denied" or "withdrawn." Reference Manual updated. I�OS D-base updated. • Q File given to Renee' for final update to Application Action Summary. File in file drawer. U \Carol\Common\Trackmg sheets\TRACKING. MDP Rem 0IRI/07 M i MASTER DEVELOPMENT PLAN TRACKING SHEET 0 (Note: The application does not need to be complete to be accepted but will not be scheduled for the PC or BOS until all items have been received.) Submission Package Comment sheets from the following agencies along with any marked copies of the plan: f VDOT Fire Marshal Sanitation Authority 1 Inspections Dept. Health Department County Engineer f City of Winchester GIS (Mapping) Parks & Recreation 1� Winchester Regional Airport One copy of the master development plan application. Appropriate number of blueprint plans, colored maps, etc. to cover the PC and BOS meetings. Submission Fee TRACKING Date �Z ©� Application received o� b� Fee Paid (amount: 3 G D Preliminary MDP heard by Planning Commission - Action taken: I Preliminary MDP heard by Board of Supervisors - Action taken: OS` Letter to applicant regarding Board action and revisions (if required). aA Los— Final MDP submitted with review agency, PC and BOS comments addressed. S�0 Final MDP signed by County Administrator and Planning Director (send two copies to applicant). 8 Administratively approved; letter sent to applicant. NOTES: DATE: File opened. a oZ� oS Reference Manual updated/number assigned. b — D-base updated. a23 S List of adjoiners given to staff member for verification. D One black & white location map requested from Mapping & Graphics. Four sets of labels requested from Data Processing. ,b,4015"� File given to Renee' to update Application Action Summary. CLOSE OUT FILE: C Approval (or denial) letter mailed to applicant (*Note: Be sure Joe Wilder in Public works and Jane Anderson in Real Estate receive a copy of the administrative approval letter. Jane wants a copy of the final action letter even if the application was denied or withdrawn.) OS— File stamped "approved"/"denied" or "withdrawn." Q Reference Manual updated. D-base updated. • 7• File given to Renee' for final update to Application Action Summary. File in file drawer. U \Carol\Common\Tracking sheets\TRACKING.MDP Rev 01/21/03 11i9''�. DATE _ RECEIVED FROM ADDRESS DULLARS FOR �_..._....-- - AMT.OF CASH ACCOUNT I r o280V! o DEED OF SUBDIVISION THIS DEED OF SUBDIVISION is made as of Lt r J:7 2005 and between THE RYLAND GROUP. INC., a Maryland corporation, its successors I assigns (the "Ownar"), Grantor; the FREDERICK COUNTY BOARD OF PERVISORS, a body corporate and politic (the "County"), Grantee; the FREDERICK UNTY SANITATION AUTHORITY (the "Sanitation Authority"), Grantee; and EPLECHASE HOMEOWNERS ASSOCIATION (the "Association"), Grantee. RECITALS: A. The Owner is the owner of approximately 29,9891 acres of land (the Property") located in Frederick County, Virginia, and shown on the plat entitled "FINAL UBDIVISION PLAT, STEEPLECHASE", prepared by Patton Harris Rust & Associates, .C. and dated June 24, 2005, which is attached hereto and incorporated herein by ;ference (the "Plat"), having acquired the Property by deed recorded as Instrument No. 50023901 among the land records of Frederick, Virginia (the "Land Records"). B. It is the desire and intent of the Owner to subdivide the Property into lots land parcels and to dedicate to public use the streets and thoroughfares as shown on the C. It is the desire and intent of the Owner to grant and convey unto the County, Sanitation Authority, and the Association the easements in the locations shown on the : and as hereinafter provided. D. It is the desire and intent of the Owner to provide for the preservation of the Declaration of Covenants, Conditions and Restrictions attached hereto and incorporated herein by reference (the "Declaration"), it being intended that the easements, covenants, restrictions and conditions shall run with said real property and shall be binding on all persons or entities having or acquiring any right, title or interest in the Property or any part thereof, and shall insure to the benefit of each owner thereof. E. It is the desire and intent of the Owner to grant and convey the Open Space Parcels unto the Association. F. It is the desire and intent of the Owner to grant and convey the Pump Station Parcel unto the Sanitation Authority. SUBDIVISION NOW, THEREFORE, for and in consideration of the premises and other good and luable consideration, the receipt and sufficiency of which are acknowledged, the Owner bdivides the Property to be known as Lots 9 through 69, Open Space Parcels and a crt i Pump Station Parcel, STEEPLECHASE, as more particularly shown and described the Plat. STREET DEDICATION THIS DEED FURTHER WITNESSETH, that for and in consideration of the imises and other good and valuable consideration, the receipt and sufficiency of which i acknowledged, the Owner conveys in fee simple, with Special Warranty of Title to the unty, its successors and assigns, that portion of the Property containing 5.1666 acres land labeled on the Plat as "RIW", and hereby dedicates the same for public street poses to be known Farmington Boulevard, Mistflower Lane, Poppy Lane, Tiger Lily urt and Loganberry Lane. COUNTY EASEMENTS THIS DEED FURTHER WITNESSETH, that for and In consideration of premises and other good and valuable consideration, the receipt and sufficiency of ich are acknowledged, the Owner grants and conveys unto the County, storm drain ,ements for the purpose of constructing, operating, maintaining, adding to, altering or ilacing present or future stormwater management facilities, storm drainage lines, mti sewer lines, or other drainage structures, including building connection lines, plus necessary inlet structures, manholes, and appurtenances for the collection of storm tars and its transmission through and across the Property, said easements being re particularly bounded and described on the Plat as "DRAINAGE ESMT.", and )jest to the following conditions: 1. All sewers, manholes, inlet structures, and appurtenant facilities which are installed in the easements shall be and remain the property of the County, its successors and assigns. 2. The County and its agents shall have full and free use of said easements for the purposes named, and shall have all rights and privileges reasonably necessary to the exercise of the easements Including the right of access to and from the easements and right to use adjoining land where necessary; provided, however, that this right to use adjoining land shall be exercised only during periods of actual construction or maintenance, and further, this right shall not be construed to allow the County to erect any building or structure of a permanent nature on such adjoining land. 3. The County shall have the right to trim, cut, and remove trees, shrubbery, fences, structures, or other obstructions or facilities in or near the easements being conveyed, deemed by it to interfere with the proper 0 0 and efficient construction, operation, and maintenance of said easementsvn provided, however, that the County, at its own expense, shall restore, as nearly as possible, the premises to their original condition. Such restoration shall include the backflliing of trenches, the replacement of fences and shrubbery, the reseeding or resodding of lawns or pasture areas, and the replacement of structures and other facilities located without the easements, but shall not include the replacement of structures, trees, or other facilities located within the easements. 4. The Owner reserves the right to construct and maintain roadways over said easements to the extent not prohibited or restricted by ordinance and to make any use of the easements herein granted which may not be inconsistent with the rights herein conveyed, or interfere with the use of said easements by the County for the purposes named; provided, however, that the Owner shall not erect any building or other structure, excepting a fence, on the easements without obtaining the prior written approval of the County. 5. The owner of fee title to any property on which easements are hereby granted for storm drainage and/or storm water management purposes shall be responsible for maintenance of storm drainage and storm water management facilities located within the easements conveyed hereby, unless such responsibility shall have been given to its successors or to an owner's association under the provisions of any declaration of covenants, conditions, and restrictions heretofore or hereafter recorded; it being intended that the responsibility of maintenance shall not be a personal obligation but shall run with the land. SANITATION AUTHORITY EASEMENTS THIS DEED FURTHER WITNESSETH, that for and in consideration of the premises and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the Owner grants and conveys unto the Sanitation Authority, with General Warranty of Title, permanent water and sanitary sewer easements in the locations shown on the Plat. The permanent easements herein conveyed grant to the Sanitation Authority the perpetual right to install, lay and maintain water lines and sanitary sewer mains, including the right to go on, over and upon the said permanent easements for the purpose of installing, laying, maintaining, repairing and replacing the same as needed. Owners shall retain the right to use their land which is subject to the easements acquired herein in any manner which shall not interfere with the use and enjoyment of said rights by the Sanitation Authority. Owners shall at all times have the right to cross 0 3r and upon the said easements and to use the surface over the easements-T6 such nner as will neither injure nor interfere' with the construction, operation or intenance of the water lines and sanitary sewer mains, except that no building or er structure shall be erected over said permanent easements unless by mutual isent of - the parties or their successors. Whenever the enjoyment of its rights eunder requires the Sanitation Authority to disturb the surface of the ground, it shall the obligation of the Sanitation Authority to restore the same to Its condition prior to ng so disturbed at the Sanitation Authority's expense. SANITATION AUTHORITY ACCESS EASEMENT THIS DEED FURTHER WITNESSETH, that for and in consideration of the nises and other good and valuable consideration, the receipt and sufficiency of which acknowledged, the Owner grants and conveys to the Sanitation Authority an access 3ment in the location shown over Lots 8 and 9 for access to the Pump Station ,of. No structure or other obstruction shall be placed within the easement area out the consent of the Sanitation Authority. ASSOCIATION ACCESS EASEMENT THIS DEED FURTHER WITNESSETH, that for and in consideration of the 3ises and other good and valuable consideration, the receipt and sufficiency of which acknowledged, the Owner grants and conveys to the Association, its members, loyees, and agents, an access easement in the location shown over Lots 8 and 9 for iss to the Open Space Parcel. No structure or other obstruction shall be placed n the easement area without the consent of the Association. DECLARATION THIS DEED FURTHER WITNESSETH, that for and in consideration of the 3mises and other good and valuable consideration, the receipt and sufficiency of which 3 acknowledged, the Owner declares the real property described in this Deed of ibdivision and designated as Lots I through 69, and the Open Space Parcels, 'EEPLECHASE, to be held, transferred, sold, conveyed and occupied subject to the .claration which is for the purpose of protecting the value and desirability of, and shall i with, the real property and be binding upon ail parties having any right, title or interest the described properties or any part thereof, their successors and assigns, and shall ire to the benefit of each owner thereof. CONVEYANCETO ASSOCIATION THIS DEED FURTHER WITNESSETH, that for and in consideration of the es and other good and valuable consideration, the receipt and sufficiency of which 0 a acknowledged, the Owner grants and conveys the Open Space Warcets, ?PLECHASE in fee simple unto the Association, with Special Warranty of Title. THIS CONVEYANCE IS MADE SUBJECT TO all restrictions, rights -of -way, ants and conditions contained in the deeds forming the chain of title to this ly and is exempt from recordation tax pursuant to Va. Code Sec. 58.1-811(D). CONVEYANCE TO SANITATION AUTHORITY THIS DEED FURTHER WITNESSETH, that for and in consideration of the as and other good and valuable consideration, the receipt and sufficiency of which :knowledged, the Owner grants and conveys the Pump Station Parcel, ILECHASE in fee simple unto the Sanitation Authority, with Special Warranty of THIS CONVEYANCE IS MADE SUBJECT TO all restrictions, rights -of -way, ents and conditions contained in the deeds forming the chain of title to this THIS DEED OF SUBDIVISION is made with the Owner's free consent and in ccordance with its desires, and in accordance with the statutes of Virginia governing the latting of the land; the Plat having been duly approved by the proper authorities of rederick County, Virginia, as evidenced by its endorsement thereon. By their signatures hereto, all parties join in the execution of this Deed to vledge their consent to their terms and conditions herein expressed and their ance of the rights of way herein conveyed. [SIGNATURE PAGES FOLLOW] 0 0 WITNESS the following signatures and seals: �.n THE RYLAND GROUP, INC. a Maryland corporation ' o F. a By: EAL) ; Nam Titl ►/iW-?/t�s:d[�1� COMMONWEALTH OF VIRGINIA, COUNTY OF FAIRFAX, to -wit: The foregoing instrument was acknowledged and sworn to before me this Zggay of 490f 4— ! , 2005 by L/Q1,"7 Z&C as Y laldzno of The Ryland Group, Inc. Notary Mublic W My commission expires: 6 CD 0 N O STEEPLECHASE HOMEOWNERS ASSOCIATION a Virginia non -stock corporation By: (SEAL) Name: Wayne Hill Title: President COMMONWEALTH OF VIRGINIA, COUNTY OF FAIRFAX, to -wit. The foregoing instrument was acknowledged and sworn to before me this —gay of6�►� , 2005 by Wayne Hill as President of Steeplechase Homeowners Association. Notary PTiblic u My commission expires: 00Z'Vh0*'U711� ' " a k- R A VICINITY MAP SCALE: 1" = 2,000' APPROVED BY: DATE `� 5 FREDERICK COUNTY SUBDIVISION ADMINISTRAT(/���" �G /%/Y:a'G' �2l�taGGt�2- DATE FREDERICK COUNTY SANITATION AUTHORI DATE /Z• VIRGINIA DEPARTMENT OF TRANSPORTATION OWNER'S CONSENT: THE ABOVE AND FOREGOING SUBDIVISION OF STEEPLECHASE AS APPEARS ON THE AND IN ACCORDANCE WITH THE DESIRES OF ACCOMPANYING PLA S, IS WITH THE FREE CONSENT THE UNDER.S�D, WOWNERS, ROPRIETORS AND TRUSTEES, IF ANY. (DATE) 'h. ROTARY PUBLIC STATE OF • /7''u CITY/COUNTY OF Z2 X fit' THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON (DATE) MY COMMISSION EXPIRES '_... ; -:-1.kgC Icy o (NOTAR PUBLIC) 0 SURVEYOR'S CERTIFICATE r; N I, CORY M. HAYNES, A DULY LICENSED LAND SURVEYOR IN THE COMMONWEALTH OF VIRGINIA, THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THE PROPERTY CONTAINED a HEREBY CERTIFY, TO IN THIS SUBDIVISION IS THE SAME PROPERTY CONVEYED TO THE RYLAND GROUP, INC. BY DEED OF FREDERICK COUNTY, a RECORDED AT INSTRUMENT #050023901 AMONG THE LAND RECORDS VIRGINIA. 3 i �,j'T H OF FINAL SUBDIVISION PLAT N STEEPLECHASE O i RED BUD MAGISTERIAL DISTRICT GORY M. HAYNES Y FREDERICK COUNTY, VIRGINIA SCALE: AS SHOWN DATE: JUNE 24. 2005 No. 2539 REVISED: NOV. 4, 2005 j L1loQ`r, PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION C 04 CONSULTING ENGINEERING - LAND SURVEYING -PLANNING STREET, WINCHESTER, VIRGINIA 22601 o a 117 E. PICCADILLY (540) 667-2139 SHEET t OF 12 a KEY SHEET OJ I 00 OJ 0+ O I 0 LOT 49 LOT 48 a LOT 47 LOT 46 0 J LOT 45 N LOT 44 LOT 43 LOT 42 LOi 41 >k O� FARMINCTnti POPPY LA. M co N r7 M 0 0 0 LOT 31 OPEN SPACE LOT 30 OUTLOT A PUMP STATION 00 rn O O O O O 0 BLVD, LOT 14 LOT 15 LOT 16 LOT 17 LOT 18 } LOT 19 w LOT 20 LOT 36 LOT 35 z LOT 32 o LOT 21 LOT 33 LOT 34 J LOT 22 TIGER LILY CT. LOT 23 9 00 N N N N 0 H ~ LOT 24 0 O o LOT INDEX NOTES 1. FREDERICK COUNTY PARENT PIN: 55—((A))-200, 2. BOUNDARY INFORMATION AND MERIDIAN SHOWN HEREIN IS BASED ON A CURRENT FIELD RUN PURSUANT TO THE DEED OF CORRECTION RECORDED AS INSTRUMENT No. 040016438 AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. 3. ALL LOTS ARE SINGLE FAMILY DETACHED URBAN. 4. PERMANENT MONUMENTATION WILL BE SET AT ALL LOT CORNERS IN COMPLIANCE WITH COMMONWEALTH OF VIRGINIA AND FREDERICK COUNTY REGULATIONS. 5. THIS PLAT WAS PREPARED WITHOUT BENEFIT OF A TITLE REPORT. 6. THE ACCESS EASEMENT THROUGH LOTS 8 do 9 CREATED HEREIN IS FOR THE BENEFIT OF FCSA AND FOR PURPOSES OF PROVIDING ACCESS TO THE OPEN SPACE PARCEL BEHIND SAID LOTS. AT,TH OF Gl FINAL SUBDIVISION PLAT `F'G,, STEEPLECHASE RED BUD MAGISTERIAL DISTRICT CORY M. HA MS > FREDERICK COUNTY, VIRGINIA No. 2531 SCALE: 1' - 200' DATE: JUNE 24, 2005 REVISED: NOV. 4, 2005 1I, 0410, PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION 04 CONSULTING ENGINEERING - LAND SURVEYING - PLANNIN 117 E. PICCADILLY STREET, WINCHESTER, WRGINIA 22601 (540) 687-2139 SHEET 2 OF 1: AREA SUMMARY TOTAL DEVELOPMENT AREA: 29.9891 ACRES AREA IN LOTS: 20.3198 ACRES AREA IN OPEN SPACE: 4.4760 ACRES AREA HEREBY DEDICATED TO PUBLIC R/W: 5.1566 ACRES AREA HEREBY CONVEYED IN FEE SIMPLE TO FCSA (OUTLOT A): 0.0367 ACRES NUMBER OF LOTS: 69 AVERAGE LOT SIZE: 12,828 SQ. FT. SMALLEST LOT SIZE: 12,000 SO. FT. PARENT PARCEL 55—((A))-200, ZONED: RP MINIMUM SETBACK REQUIREMENTS SINGLE—FAMILY DETACHED URBAN (EXCLUDING PIPESTEM LOTS) _ FRONT — 35' REAR = 25' SIDE 10' PIPESTEM SETBACK REQUIREMENTS FRONT : 20' O REAR 20' O SIDE = 20' tv ACCESSORY BUILDINGS = 20' CJ SIDE YARD OF LOTS ADJOINING PIPESTEM DRIVEWAY YARD = 15' NOMP • OFM�ili1-�f� .• • �Ff� ® .�.• •. iiti'QFiiii7���� ,.ifTf•5�_��"1iF�.*•� ® • •M.�� ® •.� l ip •*� wins N- u FINAL SUBDIVISION PLAT ,�. �'G✓ STEEPLECHASE RED BUD MAGISTERIAL DISTRICT CORY M. HAYNES FREDERICK COUNTY, VIRGINIA No. 2539 SCALE: AS SHOWN DATE: JUNE 24, 2005 11�o4�os REVISED: NOV. 4, 2005 PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION C, CONSULTING ENGINEERING — LAND SURVEYING — PLANNING SUA`I v "O� 117 E. PICCADILLY STREET, VANCHESTER, VIRGINIA 22801 (540) 667-2139 SHEET 3 OF 12 LINE TABLE LINE BEARING LENGTH LINE BEARING LENGTH Li L61 7' 1 ' L2 '1 "W 40. ' L62 7'4 '1 140. 1' L3 7' i' L63 1 L4 L64 1' L5 4 L65 7'4 '1 VE 20.41' L6 7' 1' L88 L7 L67 L8 L68 L9 "W 4' L69 L10 L70 36' L11 7' L71 1 7' L12 4 '1 4" .7 ' L72 1 1 L13 '4 L73 4 L14 N 7 'W L74 'W 7' L15 L75 39.68' L16 N4 ' L78 1 'A 'W 27.75' Liz '41' .8 ' L77 'W 54,30' L18 L78 35.58' 1.19 "W L79 "W 58.02' L20 1 LBO "W 71.57' L21 1' L81 13.86, L22 1 L82 51.77' L23 i L83 30.61' L24 .8 ' L84 1' "W 66.14' L23 L85 31.11' L26 S31 LBO 8 .92' L27 11 L87 35.76' L28 N 4' ' 1 LOS '1 "W 81.26' L29 N "W L89 115.41' L30 7 7' L90 7 66.18' L31 1 1 ' L91 7 'W 209.28' L32 Sl L92 58.24' L33 1' L93 7 '17'W i85.99' 1-34 1 .17' L94 7 '4 ' 7'W 125.56' L35 1' 1 ' L95 "W 28.53' L36 N 6' L96 '1 7. ' L37 L97 'W L38 7 L98 'W 1 6' L39 L99 .5 ' L40 1100 '4 ' 4 L41 •05'1 165.8 ' L101 'W 102.158'— L42 L102 L43 N 1 L103 7' L44 N '0 '44'W L104 "W 1 L45 44 '41"W .7 ' L105 Sl4 45' L46 'W L106 L47 1' L107 L48 N 4 '4 L108 L49 '10"I 1 L109 L50 S31 "W 151,90. L110 L51 N 1 4' L111 'W L52 1'4 ' "W L112 '4 'W 9.7 ' L53 '} L113 4.98' L54 L114 'i ' 7' L55 N14 L115 .7 ' L58 "W L116 S5742'19'E L57 Li17 S50'05'54'E L58 "W 3' L118 N57'4 '19'W L59 7 1" L119 N56'23'50'W L60 '38"E 39. 4' L120 N66'06'12"W Li21 N32'04'DO"E O O N r q,LTH OF i'as FINAL SUBDIVISION PLAT STEEPLECHASE RED BUD MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: AS SHOWN DATE: JUNE 24, 2005 REVISED: NOV. 4, 2005 LNo).2539 PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION CONSULTING ENGINEERING — LAND SURVEYING — PLANNIN( 117 E. PICCADILLY STREET, YNNCHESTER, VIRGINIA 22601 (540) 667-2139 SHEET 4 OF 12 m cNt LOT 30 LOT 31 i LOT 32 LOT 33 i LOT 34 !OPEN SPACE BRIARWOOD ESTATES - SECTION 2 Z N57'42'19"W 1147.40' LTOT.) _ 638.20' (TOT.) — --i80PEN PE w ad 33820SFS57'42'19"£ 488.33' STOT.) 9, N 04 8_ 0—8— aa.o0._ 09'� 'r, w I F-25'BRL F-25'SRL—I f— 25'BRL I F— 25'BRI LOT 1 T 2 w NI 12 160 SF LN of 12,1053 SF +•� 12L4053 SF I+w! ' 12,7052 SIF I Q 00 CO O Q 1AlK J �LJ ui W if3 an d m J JIf"I ~O O Flo o IM to m I• !�' m m IN co O J z IO OI ^+'O OI• �G OJ0 J I L35' BRLJ Io�35' BRLJ71 II 35' BRL I I III In m �_ I 1 t_ J I L-35' BRL_jZI 0' SAN. S WER ESMT. DRAINAGE w — L4 _ ESMT. — — — M, in 8D. 2 34' EX. O o N55'01 32"W 49cs 2.09' (TOT.)— FARMINGTON o - "' N55'01'32"W FARMINGTON BLVD. BLVD. In 60' R/W o — 177.27' — 60' c R/W N55'01'32"W 313.18' S55'01'32"E 117.10' (TOT.) N55'01'32"W 247.51' TOT. 72.65' 20 ' WATER 20' WAR ESMT. TE ~ 10.14' ESMT. Q� pp I 33 BRL .N ` o F-: ( of z LOT 49 -� w ^ 5 0' J I �� 15,528 SF 0n Qo 27.0' n 10 jZ5? s 000 O L 10' 8RL 8'10 ] 7 150.00 o I �10' BRL N Z 1 Q - LOT 48 m- o R a o ; o I� 12,000 SF �I �� $I.. Do n w 00 N "1 10I co w cc F 0 L _10' BRL_ J Q °' 001.. w --S-58*10 — �t�~wl 1n w 150.00 0 3 Z c N I Q .1 10' BRL N 3 Z �, r$ . a:LOT 47 o a° a . w pwl0° 12,000 SIF co alp' 't rn a� c, 1n F- CC O N 10' BRL OI C 3 L36 S58'1017 E W �1 a a 150.00 Z 04 L I o 10' BRL d� p LOT 46 I 3 ' `° o Im 12,000 SF m l I o 1I a 3+ C3 IN M 0 M O —r �r0 BRL (� � p) S58'1017 E 150.Q0 _ F- �, SEE SHEET 9 3.3.3 LOT 45 01 TH of GRAPHIC SCALE ' 60 120 1 inch - 60 fL `� 3 `° I LOT 500 lNN w `r' ��,12,034 5F�� n 1�n 0 a Ll5- BRL V) " 3 20' DRAINAGE `9 2' ESMT. f0' BRL 8$ 411 24" LOT 68 w 1% 12,150 SIF m ,� 20' DRAINAGE a ESMT. N o 15' BRL — 1 I 10 M V) N58'10_17*W 150.00 Z I- w uJ 0.00' LOT 69 10.0' _ Nt5N8'_7_W 150.00 oww (n ( 15 BRL � 3 0 N m LOT 67 m $I b I. 12,750 SF nI co N r7 10' BRL N58.101_W 1 .0 SAN. SEWER ESMT. SEE SHEET 9 SEE SHEET 10 LOT 66 LOT 65 %f FINAL SUBDIVISION PLAT RED BUUDD MA�gSTTF�ALL DISTRICT CORY M. HAYNES FREDERICK COUNTY, VIRGINIA No. 2539 SCALE 1" - 60' DATE: JUNE 24, 2005 REVISED: NOV. 4, 2005 1Llo4laS PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION lqa �p4 CONSULTING ENGINEERING — LAND SURVEYING — PLANNING 117 E. PICCADILLY STREET, WINCHESTER, VIRGINIA 22601 (540) 667-2139 SHEET 5 OF 12 0 LOT 33 LOT 34 LOT 35 LOT 36 ' OPEN SPACE BRIARWOOD OPEN SPACE BRIARWOOD ESTATES ^- SECTION 2 ESTATES 6 N57'42'19"W 1147.40' TOT. _ L SECTION 6 638.20' (TOT.) A� 76.6t' 40.00' L69 j S57'42'19"E 488.33' TOT.)— _ S r 75.08' 75.08' �67$. !r. rpRAINAGE L2 Z z N IJ ESMT. 10.00' Q 0 IGf— 25' BRL I F-25' BRL ,�S\ 1110. t� Fw I^ L70 av► ,�; 1LOT 5 LOT 6 w ? ep ��\� "N''' CA 20' SAN.1 � o w p � z ~ 12,227 SF �wf 112,490 SF �c, I LOT SEWER ESMT. N Flag o wI I o- o: ju°pi ' 12,432 SF L71 1 w O� m vul cvm m> 4:m I;f I OPEN SPACE r N a w � Ito c In �lo min J L110 r�m�� 33,820 SF , _ Li h Z) I ('w SAN. L72 Iz�35_SIR L I^ r11� S��R L73 35' BRL ' o I 35' 9RL _ p ]w �5 �' L6 DRAINAGE SAN.SJEWER ESMT. 'D 1 g I ESMT. 15 _ 10.00 C ' 1 9 �' 8 E C4 2.34' 7 N55 1 32 W 492.09 TOT. —' L 24.02' S66'3 (TpT.) C5 DRAINAGE 2.g3' 92.87 "E N55'01'32"W 313.18' _ FARMINGTO c2 5.6'53 36 60' R/W 56 s�v, TOT cs 9.63' 92• N55'01'32"W 247.51' (TOT. C3 60.42 �L74 N 91.75 80.00 .11 1.44' 12.7� r L107 f- 4 o Ln `n � _ _ 3 20 WATER ESMT. 35' BRL N 35BRL� I F-35 BRL N t �� L' �' Lj FLn N o 12 090 SF ;n � LOT 52 31 m ' ' �'' �, N r m ro1a \ w Fca PO 12,107 SF IR ��o wN N 1� LA cavil 20' DRAINAGE NI it LOT 53 t W �� ?sESMT. too' mr tool 12,521 SF 0 Do t)J' . o M I N) 54�7 9` 2g BRL I N 24 E J oq L k �03 � r J O ~ Ln 20 L68 DRAINAGE-,. -� o w z , BRL 3 i ESMT.Ln — — m LOT 69 ;,t 20' DRAINAGE OPEN cD N ro 16,497 SF 0 I ol:} ESMT. o, SPACE -^ w IN NIli 0) rni 1' 65,179 SF M I M 8 L 20;BRL v1 ZO' SAN. I � 32.15' 1I SEWER ESMT. o 122.15' iw 59 N58-1irW 10' PRIVATE L103 I`' 20 SAN. SA�. SEWER ESMT. 1 _ ° SEWER ESMT. L121 10.o' N S67'09 25 E S55' 1r32 E 160.dv (TOT.) W 46.76 SEE SHEET 10 LOT 62 Y LOT 66 LOT 65 LOT 64 LOT 63 ( L102 a ��3,TH OF FINAL SUBDMSION PLAT STEEPLECHASE p C? RED BUD MAGISTERIAL DISTRICT v CORY V. HAMS FREDERICK COUNTY, VIRGINIA GRAPHIC SCALE No. 2539 SCALE: 1' • 60, DATE: JUNE 24. 2005 0 30 eo 120 it jc*1.05 PATTON HARRIS UST &OV. ASSOCIATES A PROFESSIONAL CORPORATION v lqa� �p4 CONSULTING ENGINEERING - LAND SURVEYING - PLANNING �lJ 117 E. PICCADILLY STREET, NANCHESTER, VIRGINIA. 22601 a 1 inch - 80 tt (540) 667-2139 SHEET 6 OF 1 a OU TLOTq PUN 60�T5 ON HEREBY CONVEYED IN ■ FEE SIMPLE TO FCSA ACCESS ESMT. TO FCSA _r � my A w m cn/ <'u, E N z 00 a Z O d MWJ`_� O\ r" (D r_4_7 w N j � W �u o U In l C7 .53'. 566__' 38" 25.00' 0 N BRIARWOOD ESTATES - SECTION 6 LOT 114/ LOT 115 LOT 116 OPEN •.� N57'42'19"W 20' DRAINAGE ESMT. SPACE �1 1147.40'(TOT.)_ 4s4 9 (Tar-j OPEN SPACE 11,713 SF N57'42'19"W 467.88' TOT. a.o' 85.00' 80.00r ;im L117 80.00' 1 �L116 LOT 9 LOT 8 I�I II 12,750 SF 12,346 SF ` O 1OW O I •- Q (n Zuj O I CY 35' BRL J 35' BRL_J ✓L73 I I� _,,�—SAN —` � T 10 LOT o LOT 11 3 � N 12,000 SF �d�12,000 SF �� 0� Fl o V)i o �O OI +-iIn O� It[i W J 1 �ul 35__jI L35BRL NI g SEWER ESMT. I --r—L66 o 4 o N57'42'19"W 445.12' 1-64 7 26DRAINAGE ESMT. C5 0 ~ FARMINGTON BLVD. N57-42-19"W 443.54' (TOT. O o 7.24' L61 60' RAW DRAINAGE ESMT. 266.30' 17 L62 L60 C6 N57'4_2'19"W 200.80' L63 t3.o9' 23.00 t2.77 r� 0 o 01 1 35' BRL 7 Z N w 1 r LOT 55 rn LA12,074 SF 131 N f � N, o Ln m, �I rlO1�N NNI o O �i 25' BRL In d 20' WATER ESMT. _ L;58 Fcoq �35 BRLc0�N r 35 BBRL 5 0' LOT 56 �l J LOT 57 12,083 SF I-INIm12,094 SF 27.0' tp - m of I^ Im �� `��____25' BRL I Z Ir I to bT N L PO 1 gl 25, eai cn S57'42'19"E y �j'41 7 75.08 0 28.52 o N _� N57'42'19"W 3 W 1 �� 20' BRL ��� 13,648 SF I '?Io N O0I00 to n w __20' BRL M to In 103.62' 3 ` S54'41'53"E o f Ej OPEN SPACE °r°lai s to 65,179 SF MI°f too (n ` > 139.65' \ CL 20' S55'01'32"E DRAINAGE ESMT. SEE SHEET 1 LOT 62 LOT 61 �p,TH of �l FINAL SUBDIVISION PLAT STEEPLECHASE RED BUD MAGISTERIAL DISTRICT CORY M HAMS 9 FREDERICK COUNTY, VIRGINIA O J 103.58' >_ I 0' BRL gl 3 h � 1--: a�/`�°� 1 is I '4 I w JO �r\� LOT 58 "�' ,�� I Q(� ! i cp c� 12,010 SF LII o 0 10' BRL 3 .� `D 10' a F 10 BRL V) O LOT 59 20' 12,506 SF I J rn 0 M �,n coI w "> ICU co 0) L_ _ 10' BRL 1 �00 �l 7- W t` O J Z O O _GO rn LOT 60 In 10 z GRAPHIC SCANo. 2539 SCALE: i' 80' REVISED: NOV.JUNE2 LEDATE4. 2005 a Ja ea 110 it104jo PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION lqa 04' CONSULTING ENGINEERING - LAND SURVEYING - PLANNING �O 117 E. PICCADILLY STREET, 1MNCHESTER, VIRGINIA 22601 1 inch o BO 1t (540) 667-2134 SHEET 7 OF 12 LOT 115 LOT 116 LOT 117 LOT 118 BRIARWOODI ESTATES - SECTION 6 N57'42'19"W 1147.40" (TOT.) _ L_ _ 1 _ 469.19 TOT.) OPEN SPACE N57'42'19"W 467.88'STOT. 11,713 SF _ 25.03' 0 80.00' 87.88' I 0 �25BRL � �25' BRL I S O n LOT 12 LOT 13 12,000 SFI� 1 SF .ox wJ Oai I ON Z9 m-;o o 0�o4w `_ � o I �5_@gL� oL35' BRLJ 20' SAN. SEWER ESMT. L11 N57'42'19"w 445.12 {roT-7 FARMINGTON BLVD. qI N57'42'19"W 443.54' (TOT.) 60' R/W 266.30' 1 177.24' d S57_42'19"E 0E C1j I iv G L 117.00' 20' WATER M I ESMT. n Z 135 BRL I g gI LOT14 I Im 15,840 SF �1 0 � 1o.D'I 20 DRAINAGE ESMT. 00 0 J 0 LO 0 J 0 I-- 0 J 1 I L 10' BRL J m a Q 04Q 0` BRL 7 LOT 15 'C' 10 ^ J 1 I U01 12,000 SF w CO Cr M Q L 10' BRL 3 Z ,t27.0' S54'415� 1w 010BRL 4 0 d LOT 16 o I'm 12.000 SF 1in �10' BRL M o S54'41 53 E 1 0 I' o 1- (' 10 RL W to °p 0 ! �- g J LOT 17 o rn 'm I � 12,000 Sd —100 w UJ I b in I M � o, I I 10, z r; _ 0 7—M uUi J CO r GRAPHIC SCALE ' 0 x so 1m i inch AO ft. 0 � U z O O '0v i- lo a c0 � 1p O U 0 z� o mI w w w 0 J0 r a O z 0 0 00I I1 ,l1537 IM u1 SEE SHEET 12 a1.3� z z LOT 18 C/L 20' �N"TH op DRAINAGE ESMT. 1'l FINAL SUBDIVISION PLAT -o � � ��. STEEPLECHASE '�-'+ RED BUD MAGISTERIAL DISTRICT CORY Y. HAYNES �` FREDERICK CWNTY, VIRpNIA No. 2539 SCALE: 1" 60' DATE: DUNE 24, 2005 REVISED: NOV. 4, 2005 r�1-4lps PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION C.qa �(j4 CONSULTING ENGINEERING -LAND SURVEYING - PLANNING 'U 117 E. PICCADILLY STREET, IMNCHESTER, VIRGINIA 22601 (540) 667-2139 CHFFT R !1G 19 v O N 0 o rn LOT 46 DRAINAGE inns4 SEE SHEET 5 ESMT.IN.. 0' 27,0' I / 0 L37 A z �� 3 Q 0 ST8'116'1� 0. 0 l3o 25' BU10'BR" LOT 66 114,204 SF mL\G a LOT 45 1 00 �m 12,000 SF I g ul tO � , Co L 04 10' BRL J °$ 3 "� Ia 1 35' BRL o m -J CO I 00 a Z U.J to m LO m S . �E— W M r_ 15Q�OQ_ I 10' BRL a Ib LOT 44 3 0 0 `° 12,000 SF 0° N o 10' 8RL 1 E_ _ irlo 0 j 20' WAMR E`er C14 00 cif 70.11' � oOO, S '0 1: In POPPY LANE 54' S55-01 32 E 3`w 73.79' 00 'n O F- wco W in ai S55'01'32"E 312.30' TOT. a G�� 73.51 10' BRL I m -11 LOT 43 % 8 50 0' 3 BRL 12,000 SIF 0' I I o) 23. �" `° 27_0' w 10 „LOT 39 ' 10' BRL 15,112 SFUJI CD f s5a7 o� 10'BRL m LOT 42Z ( I QI IN 12,000 SF I O0 L10' BRL J o�N I_ r— -§1 �r-E— _ >d>' I — ~ 10' BRL � 0 N55'01'32"W 163.66' (TOT.) a L54 / LOT 41 mm 17,407 SF oy CO 0 1 �9 M Z 00 "2tn 0 ,Slz, DRAINAGE o ESMT. L34 L36`C .71' 31 10.0' / O C15 v �L94 / U) Ld r.LLI .k64 V3 SLOT 40 BR< -jI_ M A2 ESMT. ` 12,307 SF mjIx cd. SEWER/i / OPEN SPACE S4r 70 ` J L93 84,263 SIF // �IK / 5 / O L` 3 oF- cn N/F / DRAINAGE ca o<¢ z ^� z 4 z o ¢ C! ORRICK CEMETERY / ESMT. <v o maN I COMPANY, INC. // L91 kj 1 �� o~ D.B. 337, PG. 179 z T.M. 55-((A))-201 //--L92 — — 104.29' N/F z GREENWOOD BAPTIST CHURCH I o0 D.B. 514, PG. 213 I V)z T.M. 55-((A))-192 No GRAPHIC SCALE 0 30 so 120 i inch 80 & S58'46'20'E 1076.74' (TOT.) /( r g3,TH OF RNAL SUBDIVISION PLAT -�, • G� SIEEPUCHASE �„�, RED BUD MAGISTERIAL DISTRICT CORY m. HAYN83 FREDERICK COUNTY, VIRGINiA No. 2539 SCALE: 1' - 60' DATE: DUNE 24. 2GD5 it 104 joy REVISED: NOV. 4, 2005 PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION r CONSULTING ENGINEERING - LAND SURVEYING - PLANNING �D 117 E. PICCADILLY STREET, WINCHESTER, VIRGINIA 22801 (540) 887-2139„��t SEE SHEET 5 N58*10 ' Sb "� — SEE SHEET 6 39.35 �6 00 L37 � .00 39 L81 0 o ,-- DRAINAGE / o I 25 BRL I )-25 BRL ESMT. I� �r25' BRL 20' SAN. { % L102 lui LOT 65 Zd S�WER ESMT. I3 ' LOT 63 �I co ,� r�1J PEN 12,097 SF 1 91 ' 0I 12,000 SF I oo SPACE 3 M ~ o ~oZc �� mI SE LOT 64m1' oIm o m �� 65,179 SF fI00 6 w a -' W rp fQ o r Fo12, 000 SFo o o I a� W ^I� I.- O N�35' BRLL_35' BRL � L_35' BRL + 2SEWER' 1I0'*0 ICn 20' IWATER ESMT. I ESMT. 5.89 10.0' 85.00' L41 80.00' C2 S55'01'32"E 315.11' (TOT.) DRAINAGE ESMT. '_C24 o _ S55'01'32"E 373.79' (TOT.) C 1 9.73' 7.47' C25 — POPPY LANE C22 N 2.90' 54' R/W 12.02' 21.00' C26 S55'01'32"E _ 312,30'�(TOT1 C23 L25 80.00' 3 57.29 o L42 2n' n AIMArnr �� , L85�, L 20SAN. aB ° 35' 9RL�3 (� 35 BRL ��° ' \SEWER ESMT. LOT 38 CO. I LOT 37 �� Lt00L86 �� ��ti9 W Li CINI rn �,, I 12,000 SF N a_j L99 `y i I— m F_ _j JF lolm 12,024�SF »� / ems$ -> �s�o, v=i o o �Im �j l�+o \, �ti2�0�, 1��. 8�, S o w of $ 5i ! Jui CO o oTL25'����L�SN25' BRLlC3 LOT 32 80.00' �P,� L88 14,024 SF 0Q� N55'Ol 3''-2 W — � O �ca�'� �j,�o, yam• 35'- BRL ,mob q M 163.66' (TOT.) / �L95 "> L94 / ,wry 'o i 0 P� s 4�bb .v G^OPEN SPACE �/�y C41�q'� of 84,263 SF iL89 1/1-29 LOT 31 h TIGER LILY C, S58'46'20"E 8.75' S� .0 13,083 SIF c, COURT 211.45' (TOT.} L90 /k �y\ BR�J S58-46-20"E ya�5i 19 0 v 335.06' TOT. DRAINAGE / k -low �� R` 202.90' TOT ESMT. \\\ � ^ � 9 � ,5��g g1 20' SAN. C,�� N58'46 20 W } o '53' W 140. oo SEWER ESMT. x N �g2 21, 29 9 3.66' _ z L91 �� Nair 0R `�3 C37 L31 '- r v ��O L30 w cnv Li z .. 0 LOT 29 w Y a M L �� 4b i;�l \ \ 12.412 5F .� � /_ 3BRL �isn V) O U M Q 1 ��� til J /a 0 0 \ O• S m U o �� ti moo, os �s �o o�i'��� LOT 28 0 ;'coo `� LOT 30 e! �9i oS+• 0 12,340 SF h�ry�h lm4 17,022 SF \ yq/y \ /ui q o F \ v _25' BRL_ J` o 20' BRL T 291.77' _ 202.94'_ _ — _ _ 154.90' _ S584620"E 1076.74' (TOT.) �Q.LTH OF FINAL SUBDIVISION PLAT •�a 1.✓ �'r STEEPLECHASE 0 �A RED BUD MAGISTERIAL DISTRICT U CORY Y. HAYNES 9 FREDERICK COUNTY, VIRGINIA LEREVISED:GRAPHIC SCALE,. 2539 SCALE: 1' 60, DATE: DUNE 24. 2005 o �w 60 120 ►� PATTON HARRIS RUST &DV. ASSOCIATES A PROFESSIONAL CORPORATION lq�� p4 CONSULTING ENGINEERING - LAND SURVEYING - PLANNING 1 inch = 80 {E 117 E. PICCADILLY 1ETfi8 N2H13SSTER, VIRGINIA 22601 SHEET 10 OF 1. S55'01'32"E SEE SHEET 7 LOT 59 L81 1,�9. 5' 1s.21' 80.00' 0' DRAINAGE Q N N v��-- 80&0' tt6 _ IESMT! CL �� �u�f1 25' BRL 25' BRL�I 25' 8R M LOT cow +(I 6LOT 61 _ LOT 60.~ NO z L 112 1138SF �y -j 0 12,000 SF 15,525 SFLa'Oo 001 iN gz^ m W 04 Lu IN ui O vI.No 1rui OW (ncv 0- i�W�35 35' BRL L35BRL to— cO0 + wCOBRl 10.0' 3.64' z 0) o �'-- cn9.42' O C27 C28 80.00' 70_00' �� ^ z o 21 0 �24 S55'Ot'32"E 159.427- G^ o -� N C25 _ co S55'01'32"E 221.07' _ POPPY (LANE c C22 I r- 0 0.58' DRAINAGE ESMT. 54' R/W MI u� 3.22' � Z C26 N55'01'32"W a.0' C23 — L47 158.71' 48 I 0 04 L85 L 5 — ��—f101.92' � N o 1 �--L J pg 'E �('p� 1Q,fL� 3`5' BRL 7 (� 35 BRL 7 LOT 36 W, o `� 13,493 SF I is LOT 35 0° j+� � �S • 0 Im 14,151 SIF rm) I�cn o �Ss J Ki 04 25' BRL_ I� ,� �! I :r w _ L 10' BRL Jw N I cv t _N58'46'20"W _ W J I- o LU ry"o 10741' r— 9R ,r Q N (W 3 J Ul Owl• W I N ^ Q �' a' I uj t3 �25' BRL J {'��� Ilm LOT 34 -_0 °�° m I o LOT 33 mm IM,~ �,� 13,285 SF - LOT I u w 14,408 SF o r �? ro z �I = N Aj� I _35'BBRL Jz L35' BRL En ,,,I w t- `'�' 20' SAN. SEWER ESMT 10.0' W o X 10.0' co C`3? 'L� L43 122.26' _ 89.18 G�� ci I 20.13' 3,01, S58'46'20"E 211.45' 23.26' N I ---- TIGER ULY 20' DRAINAG S58'46'20"E _ 335.06' o �_ z COURT -E T. 29.21' 41 50' R/W 3 N58'4v _6'20'W 202.90' N v, cv c`�S I LO 9.13' G o ��tt 61.94' b 80.00 60.96t115 NJ 36 ASS WATER ES T. 10.0' I 1 o n 2p 0� 35 BRL I-35 BRL�I F 35 BRL ri I h 3 j LOT 26 I� I LOT 25 j ( FL��j; u) L31 0 � LOT 27 �,- 0 13,670 S W o Li 0`nm 12,314 SF r,�10 12,000 SF-`�% aom c" d' ' o r w a ~ CID c„ m I� 0 to M vwi N z Y 0 I 27.0' O 25' BRL �25' BRL 1 1 25_ BR�j cr N p CAL 20' 5 0' DRAINAGE cw 27.07 27.0 ESMT. 54.74' _ 80.00' 87.86 — — S5� 8 20 E y1076.74 TOT. 9.39' �VH OF FINAL SUBDIVISION PLAT STEEPLECHASE C RED BUD MAGISTERIAL DISTRICT CORY M. WNES FREDERICK COUNTY. VIRGINIA 2539 SCALE: 1' - 60' DATE: JUNE 24. 2005 No. GRAPHIC SCALE REVISED: NOV. 4, 2005 U .o so +20 4)64)o5 PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION �,gA Q4 CONSULTING ENGINEERING - LAND SURVEYING - PLANNING 117 E. PICCADILLY STREET. WkNCHESTER, VIRGINIA 22601 1 inch = 80 it. (540) 667-2139 SHEET 11 OF t: a LOT SEE SHEET 8 M 1 S54'41'53"E 150.00' I %j c 10' BRL to W l w v o I I� LOT 18 N m o _ �- i i. 0 f 12,000 SF w, 'OD O O to O a oo rI n "' J w 7- I I L 10' BRL I V' L0 I� I S54'41'53'r I z n 15�.00' I o 17- 10' BRL 10 p ci N I (n N i _ w L IV BRL wl 51:411 20' DRAINAGE S a Lo 150.00 ESMT. 0�O N � -� I,,I 10' BRL J Jl o �' LOT 20 dPO M I o00 I� 12,000 SF N o LLJ Q L 10' BRL _ 10 J I I a i� Z 313" p 1 0. w � 10' z Ce 13 m LOT 21 III w w W I �M 12,000 SF N! SI 0 N p Z � I I L 10' BRL ml �I I 00 u� tn tn O I I 1 0' O z JI n L57 J 10' BRL7 J:� n J 0 m LOT 22 tp ^lo lit)12,000 SF O to "' NI co GIN cV L 10�BRL -�1 Z N r- vi ,3 - 10BRL z n O Q m LOT 23 o o a 0 M 12,000 SIF 01 o U a N CO ( I- r� I w 10' BRL LO S54'41'S3 E z U.,Q coo CO ni r 10' 8RL U u4 uj N w � zl I _� o vzi IW Ir I LOT 24 -� to I 6 15,829 SF o o 'or 00 .�- j r z L ,10' BRL_ _ 27.07 27.0 S58'4fi'20"_E 1076.74' TOT.) TH OF r'r FINAL SUBDIVISION PLAT O �cr STEEPLECHASE RED BUD MAGISTERIAL DISTRICT U CORY Y. HAYNES a FREDERICK COUNTY, VIRGINIA GRAPHIC SCALE No. 2539 SCALE: i• _ 80' REVISED:SEOV.IUNE 24, 2005 0 w 60 120 Li IVA JOS PATTON HARRIS RUST & ASSOCIATES A PROFESSIONAL CORPORATION C �4 CONSULTING ENGINEERING - LAND SURVEYING - PLANNING 117 E. PICCADILLY STREET, I INCHESTER, VIRGINIA 22601 1 inch a 80 It. (540) 667-2139 SNFET 17 OF 1: a 0 w w VIRGINIA: FREDERICK COUNTY. SCC. This instrument of writing was produced to me on /DC—a[-IJ l�_at ,�'ifc�o 'e zz ' and with certificate of acknowledgement thereto annexed was admitted to record. T imposed by Sec 58.1-802 of P+ and 58.1-801 have been paid, if assessable � � (06lU 8l•�Q k co 10 m CM) • n NVOCH 'd V33333N :i'lM AD AU37: OZ J NV 30NVH3 ME loud SUN �ti'SE t13+3 03i UU'S li isnK AJUiD�h�.l 7�i Ml jisA ;4i 0;18e 54330 ICE Nid J. :53NUN 3SVR:37d33iS :? Su.'060 ;L339 AD LK ld 0 S:'i6VI'NGiiV4 AD HA13?3 SS32 aav silvt RN T 10d N ! Q SES 1133d)1S AD 16108 A iNli'M A3I83D3b ' 33iMS 03 :30i N :X3 DWI 6i'ME DP IAl, Ri 'KiNUE ?2:60 J SMMI -+i313 36 .35dd-ADDB. 2"M20ON : iN3 fldi5NI iN3uAdv Wj :!UWnVd EKG :3dAl 03!! :SN WVW :,43lHSV: ash;EOO OSO 1143336 ch4dcOO;003630 ;iN11DJIV S1138:60 :3Wli ;OiHiF :3!Va iEG: is i�Z -'AZIEU3dd I ! idIUR 1d13Iy3C i i VINIOUTA JO H, lVaMNOWIIXOD ,' COMMONWEALTH OF VIRGINIA i r 3GCTCtAL RECE;?T FREDERICK CIRCUIT COURT �: DEED RErEIcT DATE: 12!02!05 TIME: 09.30:23 ACCOUNT: 069CLR050028043 RECEICT: 01t�f10n3gcbn CASHIER: MAN REG: WE17 TYPE: DEC PAYMENT: FULL PAYMENT � INSTRUMENT • 010028043 BOOK: RECORDED: 12!02!05 AT 09:30 GRANTOR: THE RYLAND 5ROUP. INC EX: N LUC! CO ! GRANTEE: STEEPLECHASE HOMEOWNERS ASSOCIATION Er: N PC': 100! AND ADDRESS : a RE = VED `.T . 0ATTr't, HARRIS ET AL RH=- $3`.00 _ _.. R F DT57 PASS 30 STEEPLECHASE NAMES: Q i DERATI — ?N: 00 ANAL: .?" !' : !. ISE I Cry n F•i4a N 106 TECHNOL^5Y TRUST FU 5.!V i TE?1DEPED 35.00 i N ; AMOUNT PAID: n Nast.4rT .06 v I Z CLERK OE COURT: RERE CA P. HOGAN i 11 U a l cn 0 LL �„ Il" � pq i N fd Dc %(11w) C:) CD '.� C 0 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS STEEPLECHASE Frederick County, Virginia GRANTOR: THE RYLAND GROUP, INC. GRANTEE: STEEPLECHASE HOMEOWNERS ASSOCIATION Return to: O'HARA & O'HARA, PLC 131 E. Broad Street, Suite 208 Falls Church, Virginia 22046 Attn: Sara T. O'Hara, Esq. C:3 CIO TABLE OF CONTENTS Cil ARTICLE I DEFINITIONS...............................................................................Paqe .. 6 Section1 - Act.......................................................................... 6 Section 2 Association......................................................................6 Section.3 - Board of Directors............................................................ Section 4. - , Common Area Section5 County ................................................... Section-6. - Declarant........................................................................6 Section.7 - Declaration......................................................................7 Section 8 - Developer:......................................................................7 Section 9 - Dwelling Unit......................:............................................7 Section 10 - Lot ......................................... Section11 Member...........................................................................7 Section12 - Mortgagee.......................................................................7 Section13 - Owner.............................................................................7 Section 14 - Participating Builder........................................................7 Section 15 - Property ........................................................... 7 ARTICLE II - MEMBERSHIP .......:................................... 7 ARTICLE III - VOTING RIGHTS................::..............................................................7 Section1 = Classes............:..............................................................7 Section2 - Annexation......................................................................7 Section 3 - Multiple ownership interests...........................................8 ARTICLE IV - PROPERTY RIGHTS' ................................................................. Section 1 - Member's Easements of Enjoyment ...............................8 Section 2 - Delegation of Use.........................................................11 ARTICLE V - ASSESSMENTS...............................................................................11 Section,1 - Creation of the Lien and Personal Obligation of Assessments ..........................11 Section 2 - Purpose of Assessment...............................................11 Section 3 - Annual General Assessment and Annual Service Assessment................................12 Section 4 - Special Assessments........................................ ........... Section 5 - Quorum for any Action Authorized Under Section 4 ....12 Section 6 - Working Capital Assessment.......................................13 Section 7 - Rate of Assessment .....................................................13 Section 8 = Notice of Assessment and Certificate ..........................13 Section 9 - Remedies of the Association in the Eventof Default ..........................................................14 Section 10 - Subordination of the Lien to Mortgages .......................14 Section 11 - Exempt Property...........................................................14 Section 12 - Reserves for Replacements .........................................15 2 Y r E) CZ) Cn Paqe ARTICLE VI - RESTRICTIVE COVENANTS ..........................................................15 Section 1 - Use .....................................:.................15 ......................... Section 2 - Modifications... .............................................. Section3 - Laundry .........................................................................16 Section 4 - Sight Lines ..................: ................................................16 Section 5 - Vegetation ................................. Section 6 - Noxious Activity .............................................................16 Section 7 - Signs ........................................ Section8 - Animals .........................................................................16 Section9 - Trash .............................................................................16 Section 10 -Antennae ................................................ Section 11 - Paint ..............................................17 ................................ Section 12 - Exteriors of Structures ..................................................17 Section 13 - Fences ..................... Section 14 - Vehicles .................. ............................................. Section 15 - Commercial Vehicles ....................................................17 Section 16 - Recreational Vehicles ...................................................17 Section 17 - Towing .......................... Section18 Garages - ........................................................................18 Section19 - Leases ..........................................................................18 Section 20 - Declarant's Activities :....................................................18 Section 21 - Rules and Regulations ................................ .............18 ARTICLE VII - ARCHITECTURAL REVIEW BOARD ..............................................18 Section 1 - Composition .............................................................. 18 Section 2 - Method of Selection ......................................................18 Section 3 -. Removal and Vacancies ...............................................19 Section4 - Officers .........................................................................19 Section 5 - Duties ..... .................................................19 Section 6 - Failure to Act ........................................ Section 7 - Enforcement .................................................................20 Section 8 - Appeal .............................. .................20 ............................ ARTICLE VIII- EASEMENTS....... Section 1 - Blanket Easements .......................................................20 Section 2 - Exercise of Easement Rights .......................................20 Section 3 - Encroachments .............................................................20 Section 4 - Development ............................................ .....21 ................ Section 5 - Utilities ..........................................................................21 Section 6 - Release of Public Improvement Bonds .......................21 Section 7 - Declarant -Retained Easement Rights ..........................21 K, CD, CA.) -4- Page ARTICLE IX - PARKING..........................................................................................21 ARTICLE X - PARTY WALLS.................................................................................22 Section 1 - General Rules of Law to Apply.....................................22 Section 2 Sharing of Repair and Maintenance and Destruction by Fire or Other Casualty ........................22 Section 3 - Repairs for Damage Caused by One Owner ...............22 Section 4 - Other Changes.............................................................22 Section 5 - Fences and other Barriers............................................22 Section 6 - Right to Contribution Runs with the Land.....................22 Section7 - Dispute..........................................................................23 ARTICLE XI - POWERS AND DUTIES OF THE ASSOCIATION ..........................23 Section 1 - Discretionary Powers and Duties.................................23 Section 2 - Mandatory Powers and Duties.....................................25 Section 3 - Board Authority to Act........:..........................................26 Section 4 - Litigation........................................................................26 ARTICLE XI - RIGHTS OF MORTGAGEES...........................................................26 Section1 - Notice............................................................................26 Section 2 - Unpaid Assessments....................................................27 Section 3 - Books and Records...........................:..........................27 ARTICLE XIII- GENERAL PROVISIONS.................................................................27 Section 1 - Enforcement.................................................................27 Section 2 - Severability; Headings; Conflict....................................27 Section 3 - Duration; Amendment...................................................28 Section 4 - Special Amendment.....................................................28 Section5 - Waiver...........................................................................28 Section 6 - Annexation of Additional Property........,........................28 Section 7 - Withdrawable Real Estate............................................29 Section 8 - Management Contracts................................................29 Section 9 - Dissolution....................................................................29 rd Q DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONSco STEEPLECHASE THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS (the "Declaration") is made as of , 2005 by and between THE RYLAND GROUP, INC., a Maryland corporation (the "Declarant"); and STEEPLECHASE HOMEOWNERS ASSOCIATION, a Virginia non -stock corporation (the "Association"). RECITALS: A. The Declarant is the owner of Lots 1 through 69, STEEPLECHASE as the same are duly subdivided, platted and recorded by the Deed of Subdivision (the "Deed of Subdivision") recorded immediately prior hereto among the Frederick County, Virginia land records. B. The Association is the owner of the Open Space Parcels, STEEPLECHASE as the same are duly subdivided, platted and recorded by the Deed of Subdivision. C. The Declarant desires to create on the Property (as hereinafter defined) a residential community which shall have permanent open spaces and other common facilities for the benefit of the community. D. The Declarant and the Association desire to provide for the preservation of the values of the community and such other areas as may be subjected to this Declaration, and to provide for the maintenance of the open spaces and other facilities, and, to this end, declare and publish their intent to subject the Property to the covenants, conditions, restrictions, easements, charges and liens hereinafter set forth, it being intended that they shall run with the Property and shall be binding on all persons or entities having or acquiring any right, title or interest in the Property or any part thereof and shall inure to the benefit of each owner thereof. E. The Declarant has deemed it desirable for the efficient preservation of the values of said community to create an association to which shall be delegated and assigned the powers of owning, maintaining and administering the common areas and facilities, administering and enforcing the covenants and restrictions made in and pursuant to this Declaration and collecting and disbursing the assessments and charges hereafter created. F. The Declarant has incorporated or intends to incorporate as a non -stock corporation under the laws of the Commonwealth of Virginia, STEEPLECHASE +1 n Q HOMEOWNERS ASSOCIATION for the purpose of exercising the functions of the Association. - NOW, THEREFORE, the Declarant, for and in consideration of the premises and the covenants contained herein, grants, establishes and conveys to each owner of a Lot, with the express concurrence of the Association, mutual, non-exclusive rights, privileges and easements of enjoyment on equal terms and in common with all other owners of Lots in and to the use of any Common Area and facilities; and further, the Declarant and the Association declare the Property to be held, transferred, sold, conveyed and occupied subject to the covenants, conditions, restrictions, reservations, easements, charges and liens hereinafter set forth, which are for' the purpose of protecting the value and desirability of, and shall run with, the Property and be binding on all parties having any right, title or interest in the Property or any part thereof, their respective successors and assigns, and shall inure to the benefit of each owner thereof. ARTICLE I DEFINITIONS Section 1. "Act" shall mean and refer to the Virginia Property Owners Association Act. Section 2. "Association" shall mean and refer to Steeplechase Homeowners Association, a Virginia non -stock corporation, its successors and assigns. Section 3. "Board of Directors" shall mean and refer to the executive and administrative entity established by the Articles of Incorporation of the Association as the governing body of the Association. Section 4. "Common Area" shall mean and refer to all real property (including the improvements thereto) owned by the Association for the common use and enjoyment of the Members, and shall include any private streets shown on an approved plat of the Property and located within the Common Area's boundaries. Section 5. "County" shall mean Frederick County, Virginia. Section 6. "Declarant" shall mean and refer to The Ryland Group, Inc. and its successors or assigns (i) to whom The Ryland Group, Inc. assigns any or all of its rights as Declarant pursuant to this Declaration by assignment recorded in the appropriate land records, or (ii) who is a purchaser at foreclosure of the Property or a grantee in a deed in lieu of foreclosure from the Declarant. Such an assignment shall only operate as to the land which is owned by such successor or assign. If the Declarant consists of more than one (1) person or entity, unless otherwise agreed in writing between the co -Declarants, the rights and obligations of the Declarants shall be several and shall be based upon and apportioned in accordance with the number of Lots owned by each Declarant. n Section 7. "Declaration" shall mean and refer to this Declaration of Covenants, Conditions and Restrictions applicable to the Property, which Declaration is recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia. Section 8. "Developer" shall mean and refer to The Ryland Group, Inc. and its assignees if such assignees receive a written assignment from the Developer. Section 9. "Dwelling Unit" shall mean and. refer to any improvement to the Property intended for any type of independent ownership for use and occupancy as a residence by a single household for which a residential use permit has been issued by the County, and shall, unless otherwise specified, include within its meaning (by way of illustration but not limitation) patio or zero lot line homes, townhouses and detached homes. Section 10. "Lot" shall mean and refer to any plot of land created by and shown on a lawfully recorded subdivision plat of the Property upon which a Dwelling Unit could be constructed in accordance with applicable zoning ordinances, with the exception of the Common Area and streets dedicated to public use.. Section 11. "Member" shall mean and refer to every person or entity who holds a membership in the Association, as more particularly set forth in Article II below. Section 12. "Mortgagee" shall mean and refer to any person or entity secured by a first mortgage or first deed of trust on any Lot or the Common Area who has notified the Association of this fact in writing. Section 13. "Owner" shall mean and refer to the record owner, whether one (1) or more persons or entities, of the fee simple title to any Lot, including a contract seller but excluding those holding such interest in a Lot solely by virtue of a contract to purchase a Lot or as security for the performance of an obligation. If more than one (1) person or entity is the record owner of a Lot, the term "Owner" as used herein shall mean and refer to such owners collectively, so that there shall be only one (1) Owner of each Lot. Section 14. "Participating Builder" shall mean and refer to a person or entity (other than the Declarant) who is regularly in the homebuilding business and who purchases land or two (2) or more Lots within the Property for the purpose of constructing improvements for resale or rental. Section 15. "Property" shall mean and refer to that certain real property described as .Lots 1 through 69 and the Open Space Parcels, STEEPLECHASE as duly subdivided, platted and recorded by the Deed of Subdivision, and such additions thereto which, from time to time, may be brought within the jurisdiction of the Association. 7 C7 d ARTICLE II MEMBERSHIP Every Owner of a Lot which is subject by covenants of record to assessment by the Association shall be a Member of the Association. Except for the Class B Member, membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment by the Association. Ownership of such Lot shall be the sole qualification for Class A membership. No Class A Member shall have more than one (1) membership in the Association for each Lot it owns. ARTICLE III VOTING RIGHTS Section 1. Classes. The Association shall have two (2) classes of voting membership: Class A: Class A Members shall be all Members with the exception of the Class B Member. A Class A Member shall be entitled to one (1) vote for each Lot in which it holds the interest required for membership by the Article entitled "Membership" herein. Class B: The Class B Member(s) shall be the Declarant. The Class B Member shall have seventy (70) votes. Class B membership shall cease on the happening of any of the following events, whichever occurs first: (a) ten (10) years from the date of -recordation of this Declaration; the completion of construction of all homes within the Property by the Declarant and Participating Builders and the release of all improvement bonds posted with the State, County or other municipal agency by the Declarant or a Participating Builder in connection with the Property; or (c) the recordation among the Land Records of a written instrument signed by the Declarant or its successors or assigns, specifically terminating. such rights. Section 2. Annexation. Upon annexation of additional properties pursuant to this Declaration, the Declarant shall have seventy (70) votes plus one (1) additional vote for each annexed lot. In the event that Class B membership shall have ceased as hereinabove provided, Class B membership shall be revived and the number of votes the Class B Member shall have shall be the number of Lots already subject to this Declaration plus the number of annexed Lots plus one. The Class B membership shall cease on the happening of any of the following events, whichever occurs first: (a) ten (10) years from the date of annexation of the property; 8 co (b) the completion of construction of homes within the Property by the Declarant and Participating Builders and the release of all improvement bonds posted with the State, County or other municipal agency by the Declarant or a Participating Builder in connection with the Property; or (c) the recordation among the Land Records of a written instrument signed by the Declarant or its successors or assigns, specifically terminating such rights. Section 3. Multiple ownership interests. If more than one (1) person or entity holds an ownership interest in any Lot, the vote for such Lot shall be exercised as the owners of the Lot among themselves determine and may be exercised by any one (1) of the people or entities holding such ownership interest, unless any objection or protest by any other holder of such ownership interest is made prior to the completion of a vote, in which case the vote for such membership shall not be counted, but the Member whose vote is in dispute shall be counted as present at the meeting for quorum purposes if the protest is lodged at such meeting. In no event shall more than one (1) vote be cast with respect to any Lot owned by a Class A Member. ARTICLE IV PROPERTY RIGHTS Section 1. Members Easements of Enjoyment. Every Member shall have a right and easement of enjoyment in and to the Common Area, and such easement shall be appurtenant to and shall pass with the title to every Lot, subject to: (a) the right of the Association to charge reasonable admission and other fees for the use of any recreational facility located on the Common Area to Members or non -Members; (b) the right of the Association to limit the number of guests of Members or non -Members on the Common Area; (c) the right of the Association, subject to Virginia Code Section 55-513, as amended from time to time, to adopt and enforce rules and regulations governing the use of the Common Area and such other areas of responsibility assigned to the Association by this Declaration; (d) the right of the Association, subject to the limitations and requirements of Virginia Code Section 55-513 as amended from time to time, to (i) suspend a Member's right to use facilities or services, including utiIity.services, provided directly through the Association for nonpayment of assessments, to the extent that access to the Lot through the Common Areas is not precluded and provided that such suspension shall not endanger the health, safety, or property of any owner, tenant, or 9 b CJ occupant, and (ii) assess charges against any Member for any violation of the Declaration or rules and regulations for which the Member or its family members, tenants, guests or other invitees are responsible; (e) the right of the Association to borrow money for the improvement, maintenance or repair of the Common Area or facilities and in aid thereof, with the assent of at least two-thirds (2/3) of the votes of each class of Members who are entitled to vote and who are voting in person or by proxy at a meeting duly called for this purpose at which a quorum is present, to mortgage the Common Area, subject to this Declaration and the easement of enjoyment created hereby, and to acquire property encumbered by a lien or liens of a mortgage or deed of trust; provided that any such, mortgage of the Common Area must state that it is subject to this Declaration and the easement of enjoyment created hereby and shall not be in conflict with its designation as 'open space'; (f) the right of the Association at any time or upon dissolution or termination of the Association, and consistent with the then -existing zoning ordinances of the County and its designation of the Common Area as "common open space", to dedicate or transfer all or any part of the Common Area for such purposes and subject to conditions as may be agreed to by the Members. Except in the case of dissolution or termination, any such dedication or transfer shall have the assent of at least two-thirds (2/3) of the Members entitled to vote and who are voting in person or by proxy at a meeting duly called for this purpose at which a quorum is present, written notice of which shall be sent to all Members not less than twenty-five (25) days nor more than fifty (50) days in advance of the meeting setting forth the purpose of the meeting. Upon such assent and in accordance therewith, the officers of the Association shall execute the necessary documents. The resubdivision or adjustment of the boundary lines of the Common Area, the dedication to the County for public purposes, and the granting of easements by the Association shall not be deemed a transfer within the meaning of this Article; (g) the right of the Association to grant, with or without payment to the Association, licenses, rights -of -way and easements through or over any portion of the Common Area; (h) the right of the Association to lease the Common Area to Members or non -Members; (i) the right of the Declarant or the Association to resubdivide and/or adjust the boundary lines of the Common Area as either deems necessary for the orderly development of the subdivision; "Easements"; Q) all rights reserved by the Declarant in the Article herein entitled 10 Z (k) the right of the Declarant and Participating Builders to erect, maintain and operate real estate sales and construction offices, displays, signs and other facilities for sales, marketing and construction purposes; (1) the right of the Declarant or the Association to dedicate the Common Area or portions thereof to the County or Commonwealth for public street purposes; and (m) the right of the Association to assign parking spaces, which need not be assigned to all Lots, and need not be the same number of spaces for each Lot. Section 2. Delegation of Use. Any Member may delegate its right of enjoyment to the Common Area and facilities to the members of its immediate household, its tenants or contract purchasers who reside on the Member's Lot. However, by accepting a deed to such Lot, every Owner covenants that should the Owner desire to rent its Lot, the rental agreement shall contain specific conditions which require the tenant to abide by all Association covenants, rules and regulations, and any Owner desiring to rent a Lot further covenants that the tenant will be provided a complete set of all Association covenants, rules and regulations. ARTICLE V ASSESSMENTS Section 1. Creation of the Lien and Personal Obligation of Assessments. The Declarant covenants, for each Lot owned, and each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed or other instrument of conveyance, is deemed to covenant and agree to pay to the Association: (a) Annual General Assessments (as hereinafter defined) or charges, (b) Annual Service Assessments (as hereinafter defined), and (c) Special Assessments (as hereinafter defined) for capital improvements or other specified items. Such assessments are to be established and collected as hereinafter provided. The Association's Annual and Special Assessments, together with interest thereon and costs of collection thereof, as hereinafter provided, shall be a charge on the Lot and shall be a continuing lien upon the Lot against which each assessment is made. Each such assessment, together with interest, late fees, costs, and reasonable attorneys' fees, shall also be the personal obligation of the person who was the Owner of such Lot at the time the assessment fell due and shall not be the personal obligation of a successor in interest unless expressly assumed by such successor. The Annual and Special Assessments, when assessed for each year, shall become a lien on the Lot in the amount of the entire Annual or Special Assessment, but shall be payable upon resolution of the Board of Directors, in equal installments collected on a monthly, bi-monthly, quarterly, semi-annual or annual basis. Section 2. Purpose of Assessment. The assessments levied by the Association shall be used to promote the recreation, health, safety and welfare of the residents and Owners of the Property, for the improvement and maintenance of the Common Area, including but not limited to the payment of taxes, construction of improvements and maintenance of services and facilities devoted to these purposes or related to the use 11 Q Q X_ and enjoyment of the Common Area or other property which the Associatiorr-has the obligation to maintain, and for such other purposes as the Board of Directors may determine to be appropriate. Section 3. Annual General Assessment and Annual Service Assessment. (a) The Association must levy in each of its fiscalyears an annual assessment (the "Annual Assessment"), against each Lot. The amount of such Annual Assessment shall be established by the Board of Directors and written notice of such shall be sent to every Owner at least thirty (30) days in advance of the commencement of each Annual Assessment period. The Annual Assessment shall become applicable as to all Lots within a Section of the Property (as such Section is shown on a recorded subdivision plat) on the first day of the month following the first conveyance of a Lot within that Section to an Owner who is not the Declarant or a Participating Builder. The first Annual Assessment shall be adjusted according to the number of months remaining in the calendar year. (b) The amount of the Annual General Assessment shall be determined by the Board of Directors according to its estimate of the cost of providing services or rights of use which are common to all of the Lots or which the Board of Directors determines shall be shared equally by all the Lots. (c) The Association may also, but shall not be required to, levy in each of its fiscal years a separate annual assessment (the "Annual Service Assessment") against specified Lots within the Property. The amount of the Annual Service Assessment shall be determined by the Board of Directors according to its estimated cost of providing services, reserves or rights of use to the benefited Lots, which services or rights are not enjoyed by all of the Members and are primarily for the benefit of the Members owning the benefited Lots. Section 4. Special Assessment. In addition to the Annual Assessment authorized above, the Association may levy, Jn any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of capital improvements upon the Common Area, including the fixtures and personal property related thereto, or for any other. specified purpose (the "Special Assessment'). The Special Assessment shall be levied against all of the benefited Lots. To be effective, any such assessment shall have the assent of more than two-thirds (2/3) of the votes of each class of Members, who are entitled to vote and who are voting in- person or by proxy at a meeting duly called for this purpose at which a quorum is present, written notice of which setting forth the purpose of the meeting shall be sent to all members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting. Section 5. Quorum for anv Action Authorized Under Section 4. At the first calling of a meeting under Section 4 of this Article, the presence at the meeting of Members or proxies entitled to cast sixty percent (60%) of all the votes of each class of 12 Members shall constitute a quorum. If the required quorum does not exist at any such meeting, another meeting may be called subject to the notice requirements set forth in Section 4 and to applicable law, and the required quorum at any such subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. Section 6. Working Capital Assessment. In addition to the Annual and Special Assessments authorized above, the Association shall establish and maintain a working capital fund. At each settlement on the initial sale by a Declarant or a Participating Builder of a Lot for which a use permit has been issued, the purchaser of such Lot shall pay to the Association a one-time working capital assessment of One Hundred Twenty - Five Dollars ($125.00). Such working capital assessment shall not be considered an advance payment of an Annual Assessment. Section 7. Rate of Assessment. The Annual General Assessment shall be fixed at a uniform rate for all Lots, except for unoccupied Lots owned by the Declarant or a Participating Builder, and the Annual Service Assessments and Special Assessments shall be fixed at a uniform rate for all Lots benefited by the particular assessment,. except for unoccupied Lots owned by the Declarant or a Participating Builder. Any unoccupied Lots owned by the Declarant or a Participating Builder shall be exempt from assessment. During the period of time the Declarant has appointed the members of the Association's Board of Directors, the Declarant and Participating Builder(s) shall fund any budget deficits, including reserves, up to the amount the Declarant or Participating Builder would have paid had it been assessed at the full rate. The Declarant and Participating Builder's obligation under this Section does not include any expenses that the Association is unable to meet because of non-payment of any Owner's assessment or because of unusual or extraordinary expenses. If there are two (2) or more Declarants and Participating Builders, the funding of such budget deficit shall. be shared ,fro rata according to the following formula: The sum of all of a particular Declarant/Participating Builder's "Lot Days" divided by the sum of all of the Declarant/Participating Builders' "Lot Days". A "Lot Day" shall be the number of days in the period of time the Declarant has appointed the members of the Association's Board of Directors. Section 8. Notice of Assessment and Certificate. Written notice of the Annual Assessments shall be sent to every Member. The due dates for payment of the Annual Assessments shall be established by the Board of Directors. The Association shall, upon demand at any time, furnish a certificate in writing signed by an officer or authorized agent of the Association setting forth whether the assessments on a specified Lot have been paid. A reasonable charge may be made by the Board for the issuance of these 13 certificates. Such certificates shall be conclusive evidence of payment of any assessment therein stated to have been paid. Section 9. Remedies of the Association in the Event of Default. Subject to the limitations and requirements of Virginia Code Section 55-513, if any assessment pursuant to this Declaration is not paid within thirty (30) days after its due date, the assessment shall bear interest from the date of delinquency at the judgment rate provided for in the Code of Virginia. In addition, in its discretion, the Association may: (a) impose a penalty or late charge as previously established by rule; (b) bring an action at law against the Owner personally obligated to pay the same and/or foreclose the lien against the Lot, and interest, costs and reasonable attorneys' fees of any such action shall be added to the amount of such assessment. A suit to recover a money'judgment for nonpayment of any assessment levied pursuant to this Declaration, or any installment thereof, may be maintained without perfecting, foreclosing or waiving the lien provided for herein to secure the same; (c) suspend a Member's voting rights, right to hold an office within the Association, and right to use recreational facilities or nonessential services offered by the Association to the extent that access to the Member's Lot through the Common Area is not precluded. No assessment shall be refunded in the event of suspension; and (d) accelerate the due date of the unpaid assessment so that the entire balance shall become due, payable and collectible. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or facilities, abandonment of its Lot, or the failure of the Association or the Board of Directors to perform their duties. Section 10. Subordination of the Lien to Mortgages. The lien of the assessments provided for herein shall be subordinate to the lien of any properly recorded first trust or mortgage if such first trust or mortgage was recorded before the delinquent assessment was due. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to a foreclosure of a first trust or mortgage, or any conveyance in lieu thereof, shall extinguish the lien of such assessments as to payment thereof which became due prior to such sale or transfer. No such sale or transfer shall relieve such Lot from liability for or the lien of any assessments which thereafter become due or from the lien thereof. Section 11. Exempt Property. The following property subject to this Declaration shall be exempt from the assessments created herein: (a) all property dedicated to and accepted by a local public authority; and (b) the Common Area; however, no land or improvements devoted to dwelling use shall be exempt from said assessments. 14 Section 12. Reserves for Replacements. The Association shall establish and maintain a reserve fund for the maintenance, repair and replacement for those parts of the Common Area and improvements located thereon which may be replaced or require maintenance on a periodic basis by the allocation and payment to such reserve fund of an amount to be designated from time to time by the Board of Directors, which reserve fund shall be sufficient, in the sole opinion of the Board of Directors, to accommodate such future maintenance, repair and replacement and which shall be a component of the Annual General Assessment. Such reserves shall be payable in regular installments rather than by Special Assessment. Such fund shall be conclusively deemed to be a common expense of the Association and may be deposited with any banking institution, the accounts of which are insured by any state or by any agency of the United States of America or may, in the discretion of the Board of Directors, be invested in obligations of, Pr fully guaranteed as to principal by, the United States of America. The reserve for replacement of the Common Area may be expended only for the purpose of effecting the replacement of the Common Area, major repairs to, replacement and maintenance of any improvements within the Common Area, including but not limited to sidewalks, parking areas, streets or roadways developed as a part of the Property, equipment replacement, and for start-up expenses and operating contingencies of a nonrecurring nature relating to the Common Area. The Association may establish such other reserves for such other purposes as the Board of Directors may from time to time consider to be necessary or appropriate. The proportional interest of any Member in any such reserves shall be considered an appurtenance of the Member's Lot and shall not be separately withdrawn, assigned or transferred or otherwise separated from the Lot to which it appertains and shall be deemed to be transferred with such Lot. ARTICLE VI RESTRICTIVE COVENANTS Section 1. The Property shall be used exclusively for residential purposes except as provided in Section 20 hereof. The .Declarant reserves the right, for itself and any Participating Builder, pursuant to a recorded subdivision or resubdivision plat, to alter, amend, and change any lot line or subdivision plan or plat. No building shall be erected, altered, placed or permitted to remain on any Lot other than one Dwelling Unit and appurtenant structures, approved by the Association and appropriate County authorities, for use solely by the occupant of the Dwelling Unit. Section 2. No structure or addition to a structure shall be erected, placed, altered or externally improved on any Lot until the plans. and specifications, including design, elevation, material, shape, height, color and texture, and a site plan showing the location of all improvements with grading modifications, shall be filed with and approved in writing by the Architectural Review Board, and, if required, by appropriate County authorities and, where required, appropriate construction permits obtained. "Structure" shall include, but not, be limited to, any temporary or permanent building or portion thereof, storage shed, storage container, wall, deck, garden or yard decoration, play equipment, sign, greenhouse, skylight, solar panel, mailbox, fence, pool, pavement, 15 Q r driveway or appurtenances to any of the aforementioned. If the structure is to be temporary, the amount of time desired shall be included in the application. Section 3. No clothing, laundry or wash shall be aired or dried on any portion of the Property within public view. Section 4. No fence, wall, tree, hedge or shrub shall be maintained in such a manner as to obstruct sight lines for vehicular traffic. Section 5. An Owner shall, at all times, maintain its property and all appurtenances thereto in good repair and in a state of neat appearance. All grassy areas of a lawn shall be kept mowed and shall not be permitted to grow beyond a reasonable height. Except as required for proper sight lines, no tree of a diameter of more than four (4) inches measured two (2) feet above ground level shall be removed without the approval of the Architectural Review Board. Any County -required approvals must also be obtained before the removal of a tree. Section 6. No noxious or offensive activity shall be carried on upon the Property, nor shall anything be done or placed thereon which is or may become an annoyance .or nuisance to the neighborhood. No exterior lighting on a Lot shall be directed outside the boundaries of the Lot. Section 7. The only signs permitted on the Property shall be customary. home and address signs, security system signs, and real estate sale or lease signs which have received the prior written approval of the Architectural Review Board ("Permitted Signs"). No more than one (1) Permitted Sign shall be displayed to public view on any Lot and must be less than or equal to two (2) square feet in total surface area and may not be illuminated. All Permitted Signs advertising the property for sale or rent shall be removed within three (3) days from the date of the conveyance of the Lot or of the execution of the lease agreement, as applicable. Section 8. No domesticated or wild animal shall be kept or maintained on any Lot, except for common household pets such as dogs and cats which may be kept or maintained, provided that they are not kept, bred or maintained for commercial purposes and do not create a nuisance or annoyance to surrounding Lots or the neighborhood and are kept in compliance with applicable governmental ordinances. Law enforcement and animal control personnel shall have the right to enter the Property to enforce local animal control ordinances. Section 9. Trash shall be collected and stored in trash receptacles only and not solely in plastic bags. Trash and garbage receptacles shall not be permitted to remain in public view except on days of trash collection, except those receptacles designed for trash accumulation located in the Common Area. No accumulation or storage of litter, new or used building materials, or trash of any kind shall be permitted on the exterior of any Dwelling Unit. 16 C:) co cn C) Section 10. To the extent not inconsistent with federal law, exterior television and other antennae, including satellite dishes, are prohibited, unless approved in writing by the Architectural Review Board. The Architectural Review Board shall adopt rules for the installation of such antennae, which rules shall require that antennae and satellite dishes be placed as inconspicuously as possible and screened from view; provided, however, that all such rules relating to antennae and satellite dishes shall not unreasonably delay installation, interfere with reception or increase the cost. It is the intent of this provision that the Architectural Review Board shall be able to strictly regulate exterior antennae and satellite dishes to the fullest extent of the law and should any regulations adopted herein or by the Architectural Review Board conflict with federal law, such rules as do not conflict with federal law shall remain in full force and effect. Section 11. No person shall paint or re -side the exterior of any building, or portion thereof, a color different than the original color of said building or portion thereof without the proposed color having been first approved in writing by the Architectural Review Board. Section 12. The exteriors of all structures, including, without limitation, walls, doors, windows and roofs, shall be kept in good maintenance and repair. No structure shall be permitted to stand with its exterior in an unfinished condition for longer than six (6) months after the commencement of construction. In the event of fire, windstorm or other damage, the exterior of a structure shall not be permitted to remain in a damaged condition for longer than three (3) months, unless expressly excepted by the Board of Directors in writing. Section 13. No fence or enclosure shall be erected or built on any Lot until first approved in writing by the Architectural Review Board as to location, height, material and design. Any fence or wall built on any Lot shall be maintained in a proper manner so as not to detract from the value and desirability of surrounding property. Section 14. No inoperable, junk, unregistered, unlicensed or uninspected vehicle shall be kept on the Property or on public streets within the development. No portion of the Property shall be used for the repair of a vehicle. Section 15. No commercial or industrial vehicle, such as but not limited to moving vans, trucks, tractors, trailers, vans, wreckers, tow trucks, hearses and buses, shall be regularly or habitually parked or parked overnight on the Property, except upon the prior written approval of the Architectural Review Board. Commercial vehicles shall be deemed to include cars and vans in styles normally used for private purposes but painted with or carrying commercial advertising, logos, or business names or containing visible commercial materials. Section 16. No recreational vehicles or equipment, such as but not limited to boats, boating equipment, travel trailers, camping vehicles or camping equipment shall be parked on the Property, other than within a garage, without the prior, written approval of 17 ` ) u .. ' the Architectural Review Board, as to location, size, screening and other relevant criteria. The Association shall not be required to provide a storage area for these vehicles. f Section 17. The Board of Directors shall have the right to tow any vehicle parked or kept in violation of the covenants contained within this Article, upon twenty-four (24) hours' notice and at the vehicle owner's sole expense. Section 18. No garage shall be converted to living space or altered or used for purposes which would prevent the use of the garage for the parking of the intended number of vehicles for which it was constructed without the prior written approval of the Architectural Review Board and the County. Section 19. Any rental agreement for a Dwelling Unit must be for an initial period of at least six (6) months, must be in writing and must be subject to the rules and regulations set forth in this Declaration and in the other Association documents. Every such rental agreement must include a provision stating that any failure by the tenant, its household members or guests, to comply with the terms of such documents shall be a default under the rental agreement, and the Owner shall be responsible for enforcing this provision. Section 20. The provisions of this Article shall not apply to the development of or construction of improvements on the Property by the Declarant or a Participating Builder or their assigns. The Declarant or its assigns may, during its construction and/or sales period, erect, maintain and operate real estate sales and construction offices, model homes, displays, signs and special lighting on any part of the Property and on or in any building or structure now or. hereafter erected thereon. Section 21. The Association shall have the authority to adopt such rules and regulations regarding this Article as it may from time to time consider necessary or appropriate. ARTICLE VII ARCHITECTURAL REVIEW BOARD Section 1. Composition. The Architectural Review Board shall be comprised of three (3) or more members. Members shall serve staggered three (3) year terms as determined by the Board of Directors. As long as the Declarant or a Participating Builder owns a Lot within the Property, the Architectural Review Board shall consist of two (2) committees: the New Construction Committee and the Modification and Change Committee. When neither the Declarant nor a Participating Builder owns a Lot within the Property, the New Construction Committee shall be terminated. Section 2. Method of Selection. The Developer shall appoint the persons to serve on the New Construction Committee. The Board of Directors shall appoint the persons to serve on the Modification and Change Committee. After the termination of the Class B membership, no member of the Modification and Change Committee may be a il C:) C_n r1l) Director. The Developer may assign its rights under this Article to a Declarant or non - Declarant by a written assignment. Section 3. Removal and Vacancies. Members of the Modification and Change Committee of the Architectural Review Board may be removed by the Board of Directors at any time with or without cause. Appointments to fill vacancies in unexpired terms shall be made in the same manner as the original appointment. Section 4. Officers. At the first meeting of the Modification and Change Committee of the Architectural Review Board following each annual meeting of Members, the Modification and Change Committee shall elect from among themselves a chairperson, a vice -chairperson and a secretary who shall perform the usual duties of their respective offices. Section 5. Duties. The Committees of the Architectural Review Board shall regulate the external design and appearance of the Property and the external design, appearance and location of the improvements thereon in such a manner so as to preserve and enhance property values and to maintain harmonious relationships among structures and the natural vegetation and topography. During the.period the Architectural Review Board is comprised of the two (2) committees described above, the New Construction Committee shall regulate all initial construction, development or improvements on the Property. The Modification and Change Committee shall regulate all modifications and changes to existing improvements on the Property. In furtherance thereof, the Architectural Review Board shall: (a) review and approve or disapprove written applications of Owners for proposed alterations or additions to Lots; (b) periodically inspect the Property for compliance with adopted, written architectural standards and approved plans for alteration; (c) adopt and publish architectural standards subject to the confirmation of the Board of Directors; (d) adopt procedures for the exercise of its duties; and (e) maintain complete and accurate records of all actions taken by the Architectural Review Board. Approval by the Architectural Review Board of a correctly filed application shall not be deemed to be an approval by applicable governmental authorities nor a waiver of the applicant's obligation to obtain any required governmental approvals or to comply with applicable local ordinances. Section 6. Failure to Act. In the event the Architectural Review Board fails to approve or disapprove a correctly filed application within forty-five (45) days of the receipt irf C) C:) Cil of the application sent by Registered Mail or Certified Mail -Return Receip -Requested, approval by the Architectural Review Board shall be deemed granted, except for those applications for additions or alterations prohibited by this Declaration or the architectural standards adopted. by the Association, in which case no disapproval is necessary to uphold the prohibition. Failure of the Architectural Review Board or the Board of Directors to enforce the architectural standards or to notify an Owner of noncompliance with architectural standards or approved plans for any period of time shall not constitute a waiver by the Architectural Review Board or the Board of Directors of the enforcement of this. Declaration at any later date. Section 7. Enforcement. Any exterior addition, change or alteration made without application to, and approval of, the Architectural Review Board shall be deemed to be in violation of these covenants and may be required by the Board of Directors to be restored to its original condition at the offending Owner's sole cost and expense. Section 8. Appeal. Any aggrieved party may appeal a decision of the Architectural Review Board to the Board of Directors by giving written notice of such appeal to the Association or any director within twenty (20) days of the adverse ruling. ARTICLE VIII EASEMENTS Section 1. The Declarant grants and the Association reserves a blanket easement to the Association, its directors, officers, agents and employees, to any manager employed by or on behalf of the Association, and to all police, fire, ambulance personnel and all similar persons, to enter upon the Property in the exercise of the functions provided for by this Declaration, Articles of Incorporation, By -Laws and rules of the Association, and in the event of emergencies and in the performance of governmental functions. Section 2. When not an emergency situation or a governmental function, the rights accompanying the easements provided for in Section 1 of this Article shall be exercised only during reasonable daylight hours and then, whenever practicable, only after advance notice to, and with the permission of, any Owner or tenant directly affected. Section 3. If any improvement on the Property now or hereafter encroaches on any other portion of the Property by reason of (a) the original construction thereof by the Declarant or its assigns, which shall include, but not be limited to, any driveway which encroaches over a Lot's boundary line and draining of rainwater from roofs, (b) deviations within normal construction tolerances in the maintenance, repair, replacement or reconstruction of any improvement, or (c) the settling or shifting of any land or improvement, an easement is hereby granted to the extent of any such encroachment for both the encroachment and its maintenance for the period of time the encroachment exists. The owner of the encroaching improvement shall also have an easement for the limited purpose of maintenance of the encroaching improvement. This easement does 20 cil not relieve any Owner or any other person from liability for such Owner's or other person's negligence or willful misconduct. Section 4. The Declarant and Participating Builders and their agents and employees shall have a right of ingress and egress over the Common Area as required for construction on and development of the Property. Section 5. Until all bonds posted by either the Declarant or a Participating Builder are released, there is reserved to the Declarant a right to grant non-exclusive easements over any Lot or Common Area for the purposes of installing, repairing and/or maintaining utility lines of any sort, including but not limited to storm drains and drainage swales, sanitary sewers, gas lines, electric lines and cables, water lines, telephone lines, telecommunication lines and cables, and the like, and for any purpose necessary for the Declarant or a Participating Builder or their assigns, to obtain the release of any bonds posted with a municipality, governmental agency or regulatory agency, and non-exclusive easements over the Common Area to any municipal agency or private entity for any other purpose consistent with the "open space" designation thereof. Section 6. There is reserved to the Declarant an easement and the right to grant and reserve easements or to vacate or terminate easements across all Lots and Common Area as may be required by any governmental agency or authority or utility in connection with the release of improvement bonds or the acceptance of public streets for state maintenance with respect to the Property. Section 7. Until all bonds posted by either the Declarant or a Participating Builder are released, there is reserved to the Declarant a right to grant non-exclusive easements over all Lots and the Common Area for the purposes of correcting drainage, re -grading, maintenance, landscaping, mowing,' erecting street intersection signs, directional signs, temporary promotional signs, entrance features, lights and wall features, and any other purposes the Declarant deems necessary or desirable for the development of the Property, and for the purpose of executing any of the powers, rights, or duties granted to or imposed on the Association herein. ARTICLE IX PARKING The Board of Directors may promulgate such rules and regulations as it deems appropriate to regulate the use of any parking areas that may be constructed or authorized on the Common Area for the benefit of the Owners, which rules and regulations may include assignment of parking spaces for visitors and/or to Lots, which need not be assigned to all Lots and need not be the same number of spaces to each Lot, and the towing of any vehicles parked in violation of such assignment, in fire lanes and in designated "No Parking" spaces, with no notice of towing required and at the vehicle owner's sole expense. 21 C) ARTICLE X C--) PARTY WALLS c.n Section 1. General Rules of Law to Apply. Each wall which is built as a part of the original construction of the homes upon the Property and placed on the dividing line between Lots shall constitute a party wall, and, to the extent not inconsistent with the provisions of this Article, the general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply thereto. Section 2. Sharina of Repair and Maintenance and Destruction by Fire or Other Casualty. If any such party wall is damaged or destroyed by fire or other casualty or by some cause other than the act of one of the adjoining Owners, its agents, family, household or guests (including ordinary wear and tear and deterioration from lapse of time), then in such event both such adjoining Owners shall proceed forthwith to rebuild or repair the same to as good a condition as formerly, in proportion to their respective uses of the party wall. Section 3. Repairs for Damage Caused by One Owner. If any such party wall is damaged or destroyed through the act of one adjoining Owner, its agents, family, household or guest, whether or not such act is negligent or otherwise culpable, so as to deprive another adjoining Owner of the full use and enjoyment of the wall, then the former shall forthwith proceed to rebuild and repair the same to as good a condition as formerly, without cost to the adjoining Owner. Section 4. Other changes. In addition to meeting the other requirements of these restrictive covenants and of any building code or similar regulations or ordinances, any Owner proposing to modify, make additions to or rebuild its Dwelling Unit in any manner which requires the extension or other alteration of any party wall shall first obtain the written consent of the adjoining Owner, whose consent shall not be unreasonably withheld. If the adjoining Owner has not responded in writing to the requesting Owner within twenty-one (21) days of its receipt of the request, such consent of the adjoining Owner shall be deemed received. Section 5. Fences and other Barriers. The provisions of this Article pertaining to party walls shall also govern any fence, other barrier or shared improvement originally installed by the Declarant or Participating Builder (except for fences or barriers installed in connection with construction activities) and to any replacement thereof authorized by the Board of Directors or the Architectural Review Board; otherwise the maintenance of any fence, other barrier or improvement shall be the responsibility of the Owner installing such fence, barrier or improvement unless different arrangements are agreed to by the adjoining Owner. Section 6. Right to Contribution Runs with the Land. The right of any Owner to contribution from any other Owner under this Article shall be appurtenant to the land and shall pass to such Owner's successors in title. 22 Section 7. Dispute. In the event of a dispute between Owners with respect to the repair or rebuilding of a party wall or with respect to the sharing of the cost thereof, then upon written request of one of such Owners addressed to the Association, the matter shall be submitted to the Board of Directors, who shall decide the dispute. ARTICLE XI POWERS AND DUTIES OF THE ASSOCIATION Section 1. Discretionary Powers and Duties. The Board of Directors, on behalf of the Association, shall have all powers for the conduct of the affairs of the Association which are enabled by law and not specifically reserved to Members or the Declarant, including but not limited to the following powers and duties, which may be exercised in its discretion: (a) to enforce any covenants or restrictions which are imposed by the terms of this Declaration or which may be imposed on any part of the Property. Nothing contained herein shall be deemed to prevent the Owner of any Lot from enforcing any building restriction in its own name. The right of enforcement shall not serve to prevent such changes, releases or modifications of the restriction or reservations placed upon any part of the Property by any party having the right to make such changes, releases or modifications in the deeds, contracts, declarations or plats in which such restrictions and reservations are set forth; and the right of enforcement shall not have the effect of preventing the assignment of those rights by the proper parties wherever and whenever such right of assignment exists. Neither the Association nor the Board of Directors shall have a duty to enforce the covenants by an action at law or in equity if, in its or their opinion, such an enforcement is not in the Association's best interest. The expenses and costs of any enforcement proceedings shall be paid out of the general fund of the Association as herein provided for; provided, however, that the foregoing authorization to use the general , fund for such enforcement proceedings shall not preclude the Association from collecting such costs from the offending Owner; (b) to provide such light as the Association may deem advisable on streets and the Common Area and to maintain any and all improvements, structures or facilities which may exist or be erected from time to time on the Common Area; (c) to build facilities upon the Common Area; (d) to use the Common Area and any improvements, structures or facilities erected thereon, subject to the general rules and regulations established and prescribed by the Association and subject to the establishment of charges for their use; (e) to mow and re -sow the grass and to care for, spray, trim, protect, plant and replant trees, shrubs and other landscaping on the Common Area and to pick up and remove from the Common Area all loose material, rubbish, filth and accumulation of debris; and to do any other thing necessary or desirable in the judgment of the Association to keep the Common Area in neat appearance and in good order; 23 (f) to exercise all rights, which the Association may from time to easements specifically reserved to the herein; responsibilities and control over any easements time acquire, including but not limited to those Association in the Article entitled "Easements" (g) to create, grant and convey easements and licenses upon, across, over and under all Common Area, including but not limited to easements for the installation, replacement, repair and maintenance of utility lines serving the Property; (h) to create subsidiary corporations in accordance with Virginia law; (i) to employ counsel and institute and prosecute such suits as the Association may deem necessary or advisable, and to defend suits brought against the Association; 0) to retain as an independent contractor or employee a manager of the Association and such other employees or independent contractors as the Board deems necessary, and to prescribe the duties of employees and scope of services of independent contractors; (k) to enter (or have the Association's agents or employees enter) on any Lot to perform emergency repairs or to do other work reasonably necessary for the proper maintenance or protection of the Property, and to assess the Owner of the Lot the costs thereof, such assessment to be a lien upon the Lot equal in priority to the lien provided for in the Article entitled "Creation of the Lien and Personal Obligation of Assessments" herein; (1) to enter (or have the Association's agents or employees enter) on any Lot to repair, maintain or restore the Lot, all improvements thereon, and the exterior of the Dwelling Unit and any other, improvements located thereon if such is not performed by the Owner of the Lot, and to assess the Owner of the Lot the costs thereof, such assessment to be a lien upon the Lot equal in priority to the lien provided for in the Article entitled "Creation of the Lien and Personal Obligation of Assessments" herein; provided, however, that the Board of Directors shall only exercise this right after giving the Owner written notice of its intent at least fourteen (14) days prior to such entry; (m) to resubdivide and/or adjust the boundary lines of the Common Area but only to the extent such resubdivision or adjustment does not contravene the requirements of zoning and other ordinances applicable to the Property; (n) to adopt, publish arid enforce rules and regulations governing the use of the Common Area and facilities and Lots and with respect to such other areas of responsibility assigned to it by this Declaration, except where expressly reserved herein to the Members. The Board of Directors shall have the power to (i) suspend the voting rights and/or the right to run for office within the Association for any period during which any 24 Ci CJ"{ CQ assessment against such Member's Lot remains unpaid, (ii) suspend a Member's right to use facilities or services, including utility services, provided directly through the Association for nonpayment of assessments, to the extent that access to the Lot through the Common Areas is not precluded and provided that such suspension shall not endanger the health, safety, or property of any owner, tenant, or occupant, and (iii) assess charges against any Member for any violation of the Declaration or rules and regulations for which the Member or its family members, tenants, guests or other invitees are responsible; and (o) to declare the office of a member of the Board of Directors vacant in the event such member shall be absent from three (3) consecutive regular meetings of the Board of Directors. Section 2. Mandatory Powers and Duties. The Association shall exercise the following powers, rights and duties: (a) to accept title to the Common Area and to hold and. administer the Common Area for the benefit and enjoyment of the Owners and occupiers of Lots, and to cause the Common Area and facilities to be maintained in accordance with the standards adopted by the Board of Directors; (b) to transfer part of the Common Area to the Declarant, a Participating Builder or to another entity at the direction of the Declarant, for the purpose of adjusting boundary lines, dedicating the Common Area for public purposes, or otherwise in connection with the orderly subdivision or development of the Property, but only to the extent such resubdivision, adjustment, dedication or conveyance does not contravene the requirements of zoning and other ordinances applicable to the Property; (c) to obtain and maintain without interruption liability coverage for any claim against a director or officer for the exercise of its duties and fidelity coverage against dishonest acts on the part of directors, officers, trustees, managers, employees or agents responsible for handling funds collected and held for the benefit of the Association. The fidelity bond shall cover the maximum funds that will be in the custody of the Association or its management agent at any time while the bond is in place. The fidelity bond coverage shall, at a minimum, be equal to the sum of three (3) months' Annual Assessment of all Lots in the Property plus the Association's reserve funds, if any; (d) to obtain and maintain without interruption a comprehensive coverage of public liability and hazard insurance covering the Common Area and easements of which the Association is a beneficiary, if available at reasonable cost. Such insurance policy shall contain a severability of interest clause or endorsement which shall preclude the insurer from denying the claim of an Owner because of negligent acts of the Association or other Owners. The scope of coverage shall include all coverage in kinds and amounts commonly obtained with, regard to projects similar in construction, location and use. Further, the public liability insurance must provide coverage of at least $1,000,000.00 for bodily injury and property damage for any single occurrence; 25 C) CO Cil i3O (e) to provide for the maintenance of any and all (i) improvements, structures or facilities which may exist or be erected from time to time on the Common Area, including but not limited to street lights (including the payment of utility costs therefor), recreational facilities, entrance ways and entrance areas, (ii) easement areas of which the Association is the beneficiary and for which it has the maintenance responsibility, (iii) facilities, including but not limited to fences and signs authorized by the Association and erected on any easements granted to the Association, and (iv) street lights, sidewalks and landscaping that may be constructed within the rights -of -way of any public streets within or adjacent to the Property and which the Commonwealth of Virginia or the County requires the Association to maintain (including the payment of utility costs therefor); (f) to pay all proper bills, taxes, charges and fees on a timely basis; and (g) to maintain its corporate status. Section 3. Board Authority to Act. Unless otherwise specifically provided in the Association's documents, all rights, powers, easements, obligations and duties of the Association may be performed by the Board of Directors. Notwithstanding anything to the contrary contained herein, any rules or regulations which are promulgated by the Board may be repealed or amended by a majority vote of the Members cast, in person or by proxy, at a meeting convened for such purpose in accordance with the By -Laws. Section 4. Litigation. No judicial or administrative proceedings shall be commenced or prosecuted by the Association without first holding a special meeting of the members and obtaining the affirmative vote of Members entitled to cast at least seventy-five percent (75%) of the votes of the Class A Members and the consent of the Class B Member, if one exists. This section shall not apply to (a) actions brought by the Association to enforce the provisions of this Declaration, the By -Laws or rules and regulations adopted by the Board (including, without limitation, a suit to recover a money judgment for nonpayment of any assessment levied pursuant to this Declaration or to foreclose a lien for unpaid assessments), or (b) counterclaims brought by the Association in proceedings instituted against it, or (c) claims the Association is required to bring pursuant to an insurance contract, or (d) actions against a contractor for the breach of the contract. ARTICLE XII RIGHTS OF MORTGAGEES All Mortgagees shall have the following rights: Section 1. Notice. A Mortgagee shall be given written notice from the Association of the following: i• • I (a) any condemnation or casualty loss that affects either a material portion of the Common Area or the Lot that is the security for the indebtedness due the Mortgagee; (b) any default in the performance of any obligation under this Declaration or related Association documents by the Owner of a Lot that is the security for the indebtedness due the Mortgagee which is not cured within sixty (60) days after the Owner's receipt of notice of the default; (c) any lapse, cancellation or material modification of any insurance policy or fidelity bond maintained by the Association (d) any proposed action that would require the consent of a specified percentage of Mortgagees. Section 2. Unpaid Assessments. Any Mortgagee, who obtains title to a Lot pursuant to the remedies provided in its mortgage or deed of trust or foreclosure of the mortgage or deed of trust or deed in lieu of foreclosure, will not be liable for such Lot's unpaid dues or charges which accrue prior to the acquisition of title to the Lot by the Mortgagee. Section 3. Books and Records. A Mortgagee shall have the right to examine and copy at its expense the books and records of the Association during normal business hours and upon reasonable notice to the Association. ARTICLE XIII GENERAL PROVISIONS Section 1. Enforcement. The Association or any Owner shall have the right to enforce, by a proceeding at law or in 'equity, all restrictions, conditions, covenants, reservations, easements, liens and charges now or hereafter imposed by the provisions of this Declaration or other Association documents unless such right is specifically limited. Failure by the Association or by any Owner to enforce any right, provision, covenant or condition which may be granted by this Declaration shall not constitute a waiver of the right of the Association or an Owner to enforce such right, provision, covenant or condition in the future. All rights, remedies and privileges granted to the Association or any Owner pursuant to any term, provision, covenant or condition of the Declaration shall be deemed to be cumulative and the exercise of any one or more thereof shall not. be deemed to constitute an election of remedies nor shall it preclude the party exercising the same from exercising such privileges as may be granted to such party by this Declaration or at law or in equity. Section 2. Severability; Headings; Conflict. Invalidation of any one of the provisions of this Declaration by judgment or court order shall in no way affect any other provision, which shall remain in full force and effect. Titles of paragraphs are for convenience only and are not intended to limit or expand the covenants, rights or 27 d CD Cn obligations expressed therein. In the case of any conflict between the Articles of Incorporation or the By -Laws and this Declaration, the Declaration shall control. Section 3. Duration, Amendment. The covenants and restrictions of this Declaration shall run with and bind the land and shall inure to the benefit of and be enforceable by the Association or the Owner of any Lot subject to this Declaration, their respective legal representatives, heirs, successors and assigns, unless such right is specifically limited, for a term of twenty (20) years from the date this Declaration is recorded, after which time the covenants and restrictions of this Declaration shall be automatically extended for successive periods of twenty (20) years each. The covenants and restrictions of this Declaration may be amended in whole or in part with the assent of more than two-thirds (2/3) of the votes of the Members. Any amendment must be properly executed and acknowledged by the Association (in the manner required by law for the execution and acknowledgment of deeds) and recorded among the appropriate land records. Section 4. Special Amendment. Notwithstanding anything herein to the contrary, the Declarant may unilaterally amend this Declaration to make any amendment (a) as it deems necessary to make a non -material, clarifying or corrective change, or (b) required by any of the federal mortgage agencies, such as the Veterans Administration, Federal Housing Administration, Fannie Mae or Freddie Mac, or by a local governmental agency, as a condition of the approval of this Declaration or any subdivision documents, plats or plans, or (c) it deems necessary or desirable for the development of the Property or the administration of the Association, by the execution and recordation of such amendment, and shall give written notice to the Members of any amendments made pursuant to clauses (b) or (c). This right of the Declarant to amend this Declaration as aforesaid shall survive the termination of the Class B membership. Section 5. Waiver. The Declarant, as the present most interested party in maintaining the high quality of development which by these covenants is sought to be assured for the Property, hereby expressly reserves unto itself (so long as these restrictions are in effect); the unqualified right to waive or alter from time to time such of the herein contained restrictions as it may deem best, as to any one or more of the Lots, which waiver or alteration shall be evidenced by the mutual written consent of the Declarant and the then -Owner of the Lot as to which some or all of said restrictions are to be waived or altered. Section 6. Annexation of Additional Property. So long as there is a Class B Member, the Declarant may annex additional areas and provide for maintenance, preservation and architectural control of Lots and Common Area within such areas. After the termination of the Class B membership, the Association may annex additional areas and provide for maintenance, preservation and architectural control of Lots and Common Area within such areas, and so may add to its membership under the provisions of the Article entitled "Membership" herein, with the written consent of at least sixty-seven percent (67%) of the Class A Members. W. Q d Section 7. Withdrawable Real Estate. r\-) (a) The Declarant shall have the unilateral right, without the consent of the Class A Members, the Association, any Mortgagee, or any other entity, to execute and record an amendment to this Declaration withdrawing any portion of the Property; provided, however, that not more than five (5) years have lapsed since the date such property was subjected to this Declaration. (b) Upon the dedication or the conveyance to any public entity or authority of any portion of the Property for public purposes, this Declaration shall no longer be applicable to the land so dedicated or conveyed. Section 8. Management Contracts. For such time as the Declarant has Class B membership status, the Declarant shall have the right to enter into professional management contracts on behalf of the Association for the management of the Property for terms not to exceed one (1) year; provided, however, that the Association shall have the right to terminate such contracts, with or without cause, upon thirty (30) days' written notice to the other party and without payment of a termination fee. Section 9. Dissolution. The Association may be dissolved with the assent given in writing and signed by at least two-thirds (2/3) of each class of Members and in accordance with Title 13.1, Chapter 10, Article 13 of the Code of Virginia. [SIGNATURE PAGE FOLLOWS] 29 v.. C WITNESS the following signatures and seals: c� THE RYLAND GROUP, INC. a Maryland corporatio rY�fi 4r a A gy: Dj ' "SEAL) s Na T u STEEPLECHASE HOMEOWNERS ASSOCIATION a Virginia non -stock corporation gy ;V- --_(SEAL) Name: Wayne Hill Title: President COMMONWEALTH OF VIRGINIA, COUNTY OF FAIRFAX, to -wit: The foregoing instrument was acknowledged and sworn to before me this ..2/ day of �i2><i-�, �' 2005 by VeM, O'C as C� 'dGG of The Ryland Group, Inc. C Kr"? Notary Public s. :i My commission expires: COMMONWEALTH OF VIRGINIA, tip' COUNTY OFr�' , to -wit: The foregoing instrument was acknowledged and sworn to before me this ---/day of /4�IZh-ice' , 2005 by Wayne Hill as President of Steeplechase Homeowners Association. Notary P blic ; t�' . ` ` " ''• My commission expires: '��X!' �/, -s" •' �-T �� 4r J Sto\Ryland\Steeplechase\Declaration X (08/20/05) VIRGINIA: FREDERICK COUNTY, SCT. This instrument of writing was produced to me on ' 9.' T6 �� r � it and with certificate of acknowledgement thereto annexed was admi a to record. Tax imposed by Sec. 58.1-801 of $ and 58.1-801 have been paid, if assessable Clerk t.. i lid ••{7 •J �• . �A. 30 ' ""' COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 December 1, 2005 Mr. Ronald A. Mislowsky Patton, Harris, Rust & Associates, Inc. 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 RE: Final Plat Approval -Steeplechase Dear Mr. Mislowsky: This letter is to confirm that the final plats for Steeplechase have been approved. Theses plats call for sixty-nine single family detached urban lots. Should you have any questions, please feel free to call. Sincerely, `ark R. Ch Zoning & Subdivision Administrator MRC/bad Attachments 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 May 5, 2005 Mr. Charles Maddox, Jr., P.E., Senior VP Patton Harris Rust Associates, PC 117 N. Piccadilly Street, Suite 200 Winchester, VA 22601 RE: MASTER DEVELOPMENT PLAN #05-05 FOR BRIARWOOD III Final Master Development Plan Approval Dear Chuck: Frederick County administratively approved the above -referenced final master development plan on May 2, 2005. The master development plan is approved for the potential development of 69 single family detached urban lots (12,000sf minimum) within the Red Bud Magisterial District. The property which would comprise this development is located east of Greenwood Road (Route 656), south and adjacent to the existing Briarwood Subdivision. The Frederick County Board of Supervisors granted staff administrative approval authority on April 13, 2005. At the Planning Commission's March 16, 2005 meeting, a waiver was granted for this development to allow a maximum of .2 acres of the riparian buffer to be located within residential lots. All requirements of the Frederick County Zoning and Subdivision Ordinance have been addressed in the plan. Please note that approval of a subdivision design plan is required prior to the subdivision or development of this parcel. Attached are four copies of the approved Final Master Development Plan. These copies are for you and your client's records. Please contact me with any questions regarding this approval. Sincerely, Candice E. Perkins Planner II CEP/bad cc: Briarwood, LC, 205 N. Cameron St., Winchester, VA 22601 Gina A. Forrester, Red Bud Magisterial District Supervisor Pat Gochenour, Red Bud Magisterial District Commissioner Marie F. Straub, Red Bud Magisterial District Commissioner Jane Anderson, Real Estate 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 • 0 April 15, 2005 Mr. Charles Maddox, Jr., P.E., Senior VP Patton Harris Rust Associates, PC 117 N. Piccadilly Street, Suite 200 Winchester, VA 22601 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 M Fla COPY RE: MASTER DEVELOPMENT PLAN #05-05 FOR BRIARWOOD III Dear Chuck: The Frederick County Board of Supervisors approved the above referenced Preliminary Master Development Plan on April 13, 2005. Your firm will need to submit a Final Master Development Plan for this project which addresses all review agency comments, as well as all comments of the Planning Commission and Board of Supervisors. Our department will provide your firm with administratively approved copies of this plan once these issues have been addressed. If you have any questions regarding the approval of this master plan or requirements needed for submission of your Final Master Development Plan, please do not hesitate to call me. Sincerely, Candice E. Perkins, Planner II CEP/bad cc: Briarwood, LC, 205 N. Cameron St., Winchester, VA 22601 Gina A. Forrester, Red Bud Magisterial District Supervisor Pat Gochenour, Red Bud Magisterial District Commissioner Marie F. Straub, Red Bud Magisterial District Commissioner Jane Anderson, Real Estate 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 0 0 MASTER DEVELOPMENT PLAN #05-05 BRIARWOOD III Staff Report for the Board of Supervisors Prepared: March 31, 2005 Staff Contact: Candice E. Perkins — Planner II This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist in the review of this application. It may also he useful to others interested in this zoning matter. Reviewed Action Planning Commission: 03/16/05 Recommended Approval Board of Supervisors: 04/13/05 Pending LOCATION: This property is located east of Greenwood Road (Route 656), south and adjacent to Briarwood Subdivision. MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBER: 55-A-200 PROPERTY ZONING & PRESENT USE: Zoned: RP( Residential Performance) Use: Unimproved ZONING & PRESENT USE OF ADJOINING PROPERTIES: North: RP (Residential Performance) South: RA (Rural Areas) East: RA (Rural Areas) West: RP (Residential Performance) Use: Single Family (Briarwood) Use: Undeveloped Use: Undeveloped Use: Single Family (Briarwood) PROPOSED USE: 69 Single Family Detached Urban Dwelling Units. REVIEW EVALUATIONS: Virl4inia Department of Transportation: The preliminary master development plan for this property appears to have a measurable impact on Route 656, the VDOT facility which would MDP #05-05, Briarwooa III March 31, 2005 Page 2 provide access to the property. Before making any final comments, this office will require a complete set of site plans, drainage calculations and traffic flow data from the I.T.E. Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization, and off -site roadway improvements and drainage. Prior to construction on the State's right-of-way, the developer will need to apply to this office for issuance of appropriate permits to cover said work. Frederick County Fire Marshal: Fire Dept. access shall be maintained at all times. Construction material shall not be placed in roadways which might obstruct hydrants or access. General access to the subdivision is not ideal. There is only one road that services the entire 69 houses unless future connections are provided. This would also affect emergency vehicle travel. Project buildout may require additional waterlines, fire hydrants or other fire protection requirements which may be addressed during the site plan process. Water supply for firefighting shall be available as soon as combustible materials arrive on site. Plan approval recommended. Frederick County Public Works: Refer to the proffer statement, paragraph 9.2, III: This paragraph makes the Home Owners' Association (HOA) responsible for "common solid waste disposal programs, if they decide to use a commercial collection company." We recommend that the latter part of this statement be deleted with the HOA totally responsible for solid waste disposal. The adjacent Greenwood convenience site cannot handle the current solid waste flow much less an increase. Therefore, it is imperative that the responsibility for solid waste collection be borne by the HOA or developer. It appears that the actual percentage of disturbance of wetlands will be much higher than the indicated 36 percent. This conclusion is based on the fact the development of the lots will destroy existing wetlands in addition to the construction of the proposed roads and stormwater management facilities. Based on our recent site visit, it appears that the existing woodland area definitely exceeds the zero percent indicated under environmental features. An accurate delineation should be determined based on recent field surveys and reflected on the master development plan. Frederick County Sanitation Authority: 2nd review — approved. Frederick County Inspections Department: Demolition permit is required prior to removing any existing structures. No additional comment required at this time. Shall comment at the time of subdivision review. Frederick -Winchester Service Authority: No comments. Geographic Information Systems (GIS): These road names are approved and accepted into the Frederick County Road Name System: Farmington Blvd., Loganberry Lane, Poppy Lane, and Tiger Lilly Lane. Mistflower Lane must be denied as a duplication name already in the system. Marigold Lane has been approved and added to the Frederick County Street Name list. Frederick County — Winchester Health Department: Health Dept. has no objection as long as water and sewer facilities are provided. MDP #05-05, Briarwooa III March 31, 2005 Page 3 Frederick County Department of Parks and Recreation: Plan appears to meet open space requirements. Also, monetary proffers offered for recreational purposes appear to be appropriate to offset the impact this development will have on the Parks and Recreation services provided by the County. Winchester Regional Airport: The proposal was reviewed. While the proposed development lies within the airport's Part 77 surfaces and airspace, it appears that the proposed site plan will not impede operations at the Winchester Regional Airport. Frederick County Public Schools: Based on the information provided, it is anticipated that the proposed 69 single family houses will yield 12 high school students, 10 middle school students, and 27 elementary school students for a total of 49 new students upon buildout. Significant residential growth in Frederick County has resulted in the schools serving this area having student enrollments exceeding the practical capacity for a school. The cumulative impact of this project and others of similar nature (Haggerty Project, Abrams Point Project, and Fieldstone Heights), coupled with the number of approved, undeveloped residential lots in the area and other projects in this area will necessitate a future construction site of 15 to 20 acres for the purpose of a new elementary school facility to accommodate increased student enrollments. The impact of this rezoning on current and future school needs should be considered during the approval process. City of Winchester: No comments. Planning & Zonina: A) Master Development Plan Requirement A master development plan is required prior to development of this property. Before a master development plan can be approved, it must be reviewed by the Planning Commission, Board of Supervisors and all relevant review agencies. Approval may only be granted if the master development plan conforms to all requirements of the Frederick County Zoning and Subdivision Ordinances. The purpose of the master development plan is to promote orderly and planned development of property within Frederick County that suits the characteristics of the land, is harmonious with adjoining property and is in the best interest of the general public. B) Location This property is located east of Greenwood Road (Route 656), south and adjacent to Briarwood Subdivision. C) Site History The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) depicts the zoning of the subject parcel as A-2 (Agricultural General) District. The County's agricultural zoning districts were subsequently combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re -mapping MDP #05-05, Briarwood III March 31, 2005 Page 4 of the subject property and all other A-1 and A-2 zoned land to the RA District. On October 10, 2004 this parcel was rezoned with proffers from the RA (Rural Areas) District to the RP (Residential Performance) District. D) Intended Use The applicant proposes to construct 69 Single Family Detached Urban Dwelling Units as proffered with the approved rezoning. E) Site Suitability & Project Scope Comprehensive Policy Plan: The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1-1] Land Use Compatibility: The Urban Development Area (UDA) is the principal land use tool of the Frederick County Comprehensive Policy Plan. The general purpose of the UDA is to define the areas in the county where more intensive forms of residential development will occur. It does this by dividing the County into rural and urban areas. The UDA was originally created with the intent that it would be adequate enough to accommodate long term growth needs in areas of the County where public services are most available. (Comprehensive Policy Plan, p. 6-1, 6-2) The subject property is located entirely within the UDA. There are no small area land use plans found in the Frederick County Comprehensive Policy Plan for the site. In accordance with the Frederick County Comprehensive Policy Plan, "any new suburban residential development served by sewer and water will have to be located within the UDA." As such, the subject proposal is consistent with this general land use policy. (Comprehensive Policy Plan, p. 6-5) Environment: The subject 30-acre parcel contains woodlands and areas of wetlands; wetlands of which approximately 1.39 acres. A central intermittent stream channel bisects the site from south to north draining through the Briarwood Estates subdivision. The ordinance required Riparian Buffers will be provided on either side of the channel to maintain the stream's integrity. The General Soil Map of the Soil Survey of Frederick County, Virginia indicates that the soils comprising the subject parcels fall under the Weikert-Berks-Blairton soil association. These types of soils are common on land located east of Interstate 81. They present some limitations to site development due to a seasonal high water table, depth to bedrock, and slope. The management of such characteristics must be demonstrated 0 • MDP #05-05, Briarwood III March 31, 2005 Page 5 through the site engineering process associated with subsequent development applications for the proposed project. Transportation: The subject site is accessible via Farmington Boulevard, a road classified as a minor collector road by the Eastern Road Plan. The Eastern Road Plan indicates that Farmington Boulevard will traverse the subject site in an east -west manner, linking Greenwood Road and Channing Drive. Farmington Boulevard will ultimately travel through various residential neighborhoods: the Briarwood, Lynnhaven, and Sovereign Village subdivision, and the Briarwood III property. Per the rezoning proffers, the applicant has also provided traffic calming measures along the Farmington Boulevard to lessen impacts on the residents. Farmington Boulevard currently intersects with Greenwood Road at an unsignalized intersection. With the rezoning, the applicant proffered to enter into a signalization agreement with VDOT. F) Waivers Pursuant to § 165-33B(3), of the Frederick County Zoning Ordinance, The disturbance of natural waterways and riparian buffers is prohibited, except when necessary for public utilities, public facilities, or roads. Section 165-33C of the Zoning Ordinance states that "in residential developments, the areas of undisturbed environmental features described in §165-31B shall be located in areas of open space. The applicant for the Briarwood III MDP received a waiver of this requirement from the Planning Commission at their March 16, 2005 meeting. This waiver allows undisturbed portions of the riparian buffer (0.2 acres maximum) to be located in the required setback and yard areas on some of the residential lots. PLANNING COMMISSION SUMMARY & ACTION OF THE 03/16/05 MEETING: The applicant believed that adequate protection of riparian buffers could be provided during construction and also after their incorporation into the setback and yard areas of individual residential lots. He said that language will be added to plans that a substantial silt fence barrier will be placed along the riparian buffer at the onset of construction and clearly identified through the construction period. In addition, appropriate language will be incorporated within deed covenants and restrictions, by-laws, and individual plats, prior to approval by the staff. The applicant noted that streams throughout this site are intermittent, not perennial, and they meander erratically through this site. He said that incorporating portions of the riparian buffer areas within individual lots will allow the applicant to straighten out property lines and will eliminate placing a number of different angle points onto a property, which may create problems for property owners in the future. In response to questions from the Commission, the applicant replied that no building pads will be located within the riparian buffers. In addition, every house adjacent to a stream will be individually site -planned by engineers and approved by the County, eliminating any potential for streams to flood housing. A commissioner expressed concern about the impact of additional school children this development would place on already -overcrowded schools in the Senseny Road area. Another • MDP #05-05, BriarwolIlI March 31, 2005 Page 6 commissioner was not in favor of granting waivers involving natural waterways, wetlands, and woodlands, particularly for the purpose of straightening property lines. One citizen came forward to express dissatisfaction with the removal of trees and other environmental impacts associated with developments being considered by the County. The majority of commission members did not have a problem with granting a waiver on six lots for a maximum of 0.2 acre; however, they were not in favor of granting the waiver for the entire project. By a majority vote, the Commission recommended approval of the master development plan including the requested waiver for a maximum of six lots with an accumulative total of 0.2 acre. The vote was as follows: YES (TO APPROVE MDP W/ WAIVER): Watt, Unger, Morris, Light, DeHaven, Thomas, Ours, Kriz, Triplett, Wilmot NO: Straub, Gochenour ABSTAIN: Manuel STAFF CONCLUSIONS FOR THE 04/13/05 BOARD OF SUPERVISORS MEETING: This Master Development Plan appears to be consistent with the requirements of Article XVII, Master Development Plan, of the Zoning Ordinance. The preliminary master development plan is also in accordance with the proffers of the rezoning and has addressed all of staff s concerns. All of the issues identified by the Board of Supervisors should be appropriately addressed by the applicant. The Planning Commission recommended that administrative approval be authorized on March 16, 2005. The Board of Supervisors is not required to take action on the waiver requested by the applicant. This waiver was approved by the Planning Commission on March 16, 2005, and only required action by the Planning Commission. The applicant is seekinm authorization of the preliminary master development plan by the Board of Supervisors. The Board's authorization will grant staff with administrative approval authority for the final master development plan. G: S5 A 199 , 4� < ra Green Park Or 55 A 201 Z' ORRICK CEMETERY COMPANY, INC. F 55 A 194 ti o Q . �' SPSarC1 h f � 9 J(3 ''9s ti h ti~ 55K 11 24A G Q •o by tib yy yy P 2aP P a - (N o h Greenwood Ave yy �S aAac ' ' � M � 65 A 19 Sens enYRy� 65A A 3 s �,° ss9 3 65A 6216 sS Sq ss s5 65 A 16 n 1 y 65A ss9 9 S �2 S v q /g ANDERSON, RUTH R. B 65 A 79A 3 252A v 55 A 206 LYNNEHAVEN,LC ,00zM , MDP#05-05 N Briarwood III ( 55 - A - 200) w E s Fe<t °Ur 0 Ala MG r • E c E N U E Frederick County, Virginia Master Development Plan Applic-, a IrACKage • F E B 2 2 2005 APPLICATION MASTER DEVELOPMENT PLAN FREDERICK COUNTY PLANNING & DEVELOPMENT Department of Planning and Development Use Only Date application received Complete - Date of acceptance Incomplete - Date of Return Application # 0. i -Q5- 1. Project Title: Briarwood III 2. Owner's Name: Briarwood, LC 205 N. Cameron Street • Winchester, VA 22601 *Please list the names of all owners or parties in interest: David B. Holliday 3. Applicant: Patton Harris Rust & Associates, pc Address: c/o C.E. Maddox, Jr., P.E., Senior VP 117 E. Piccadilly St., Winchester, VA 22601 Phone: (540) 667-2139 4. Design Company: Patton Harris Rust & Associates, pc Address: 117 E. Piccadilly Street Winchester, VA 22601 Phone Number: (540) 667-2139 Contact Name: C.E. Maddox, Jr., P.E., Senior VP 1 FH V E TIB 7FEB 2 2 20005 • Frederick County, Virginia Master Develo nt P F _ `' jr LEka e i APPLICATION, cont'd MASTER DEVELOPMENT PLAN 5. Location of Property: East of Greenwood Road (Route 656), south and adjacent to the Briarwood Subdivision. 6. Total Acreage: 29.9891 acres 7. Property Information: a) Property Identification Number (PIN): 55-A-200 b) Current Zoning: RP c) Present Use: Unimproved d) Proposed Use: 69 Single Family Detached - Urban Dwelling Units (12,000 s.f. lots — minimum) • e) Adjoining Property Information: See Attached Property Identification Property Uses North South East West 0 Magisterial District: Red Bud 8. Is this an original or amended Master Development Plan? Original X Amended I have read the material included in this package and understand what is required by the Frederick County Department of Planning and Development. I also understand that the master development plan shall include all contiguous 1 nd under single or common ownership. All required material will be comp to prior to th ission of my master development plan application. Signature: I'S • 2 Briarwood Section 3 ID # Name Address Zonin Use -55-A-184 Bettie E Winslow 711Greenwood Road, Winchester, VA 22602 RP Residential 55-A-192 Greenwood Baptist Church 778 Greenwood Road, Winchester, VA 22602 RA Religious, 55-A-2Q1 Orrick Cemetery Co., Inc. 501 S. Braddock Street, Winchester, VA 22601 RA Agricultural 55J-1-1-7'`- Raegan P & Jose R Rari el 102 Goldenrod Road, Winchester, VA 22602 RP Residential .55J-1-1-8 Richard L & Sharon K Ivy 100 Goldenrod Road, Winchester, VA 22602 RP Residential 55J-1-1-9 Randy L & Heather C Stotler 101 Orion Ct., Winchester, VA 22602 RP Residential 55J-1-1-10 Ruth H Tensley 103 Orion Ct., Winchester, VA 22602 RP Residential 55J-1-1-11 Steven L Lamm & Angela Greenwalt 105 Orion Ct., Winchester, VA 22602 RP Residential 55J-1-1-12 Marlon A & Cynthia D Coffey 107 Orion'Ct., Winchester, VA 22602 RP Residential 55J-1-2-30 Robert & Jennifer Douglas 302 Lilys Way, Winchester, VA 22602 RP Residential 55J-1-2-31 Lamont L & Lorretta E Lashley 304 Lilys Way, Winchester, VA 22602 RP Residential 55J-1-2-32 Christopher L & Vicki L White 306 Lilys Way, Winchester, VA 22602 RP Residential 55J-1.7-2-33 Alan C & Diane L Van Amburg 308 Lilys Way, Winchester, VA 22602 RP Residential 55J-1-2-34 Rhonda Mason 310 Lilys Way, Winchester, VA 22602 RP Residential 55J-1-2-35 Richard C Edlich 312 Lilys Way, Winchester, VA 22602 RP Residential 55J-1-2-36 Barry P & Vicki L Robertson 119 Whitfield Cir., Stephens City, VA 22655 RP Vacant 55J-1-2-36A Briarwood Estates Homeowners Assoc. P.O. Box 746, Stephens- City, VA 22655 RP Vacant 55J-1-6-112 John D & Susan L Wallace 318 Lilys Way, Winchester, VA 22602 RP Residential 55J-1-6-114 David F & Lynn K Gwinn 202 Trefoil Ct., Winchester, VA 22602 RP Residential 55J-1-6-115 Alan R & Leigh Ann S Saville 204 Trefoil Ct., Winchester, VA 22602 RP Residential 55J-1-6-116 Barrett & Carla Hopper 206 Trefoil Ct., Winchester, VA 22602 RP Residential 55J-1-6-117 Mark E & Laura L Cave 208 Trefoil Ct., Winchester, VA 22602 RP Residential 55J-1-6-118 Christopher S & Carla A Hammond 210 Trefoil Ct., Winchester, VA 22602 RP Residential I I 4F Special Limited Power of County of Frederick, V Frederick Planning Web Site: www.1 C� FE9222005 D NTY Department of Planning & Development, County of Frederick, 107 North Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By Those Present: That I (We) (Name) BRIARWOOD, LC (Phone) 667-2120 (Address) 205 N. Cameron Street, Winchester, VA 22601 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Deed Book 810 on Page 1279 and is described as Parcels: 200 Lot: Block: A Section/Tax Map 55 Subdivision: N/A do hereby make, constitute and appoint: (Name) PHR+A - C. E. Maddox, Jr.; Chris Mohn, Tom Price; Ron Mislowsky (Phone) 667-2139 .(Address) 117 E. Piccadilly Street, Suite 200, Winchester, Virginia 22601 To act as my true and lawful attorney -in -fact for and in my (our) name, place, and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including Rezoning (including proffers) _ Conditional Use Permits X Master Development Plan (Preliminary and Final) X Subdivision Site Plan My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. ry _ In witness thereof, I �e) have her my (our) hand and seal this day ofbeJa✓I , 2005, Signature(s State of Virginia, City/County of FREDERICK To -wit: I, J0 a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this dj "- day of Feb , 200 5 . 4a44., - (;�V My Commission Expires: 10- 31'0 5 elotary PAL, L • • Frederick County, Virginia Master Development Plan Application Package Required Information Checklist MASTER DEVELOPMENT PLAN The following information must be. included on the master development plan. If the submitted - master development plan is incomplete or is missing information, it will not be reviewed and will be returned to you for revisions. Administrative Information Yes No 1. Name of proposed development. V, 2. Name, address, and telephone number of owner. t/ 3. Name, address, and telephone number of developer. 4. Name, address, and telephone number of designer. a� 5. Signed certificate of surveyor, engineer, or architect. 6. Date plan prepared and date of revisions. 7. A listing of all conditions placed on the site as a result of a conditional zoning approval. Rezoning file number should be cited. -- -— 8. A space labeled "Approved by the Director of Planning and Development" for the approval signature and date of / e approval. ✓ 9. A space labeled "Approved by the County Administrator„ for the approval signature and date of approval. 10. Magisterial District. 11. Sheet size less than 42 inches. Page 13 Frederick County, Virginia Master Development Plan Application Package General Information Yes No 1. Location map (scale 1:2000). 2. Scale of the MDP is not to exceed 1:100. 3. North Arrow. 4. Legend describing all symbols. 5. Surveyed boundaries of all lots and parcels. 6. Acreage of all parcels included in the MDP. 7. Topography contour lines at acceptable intervals. 8. A schedule of phases, boundary of phases, and order of development. 9. Use, zoning, and property owner of all adjoining properties. V/ 10. Location of proposed uses (location, boundaries, arrangement). AJ r 11. Location and treatment of historic structures and sites. 12. History of all land divisions in relation to this tract. 13. Acreage, Location and boundaries of environmental features: floodplains, lakes and ponds, wetlands, natural stormwater retention areas, steep slopes, woodlands. / 1� 14. Amount and percentage of disturbed and protected land in common open space. Page 14 I Frederick County, Virginia Master Development Plan Application Package Residential Development Information Yes No �r �r 1. Location and dimension of Residential Separation Buffers. ,✓ 2. Acreage in common open space, in housing type, in road rights -of -way, and for the entire development (by Phase). ✓ 3. Location and boundaries of housing types. Residential Performance (RP) dimensional requirements should be indicated. 4. Number of dwelling units (by type, phase, and in total). 5. Location and configuration of required recreational facilities. Statement of required and type of facilities to be provided. Infrastructure Information Yes No 1. Location of adjoining streets and utilities. ✓ 2. Location, arrangements, and right-of-way widths of roads and property access. ✓ 3. Location and arrangement of street entrances, driveways, and parking areas. _ 4. Location of entrances to the development from public ✓ 5 streets. design a/ Type of road (rural or urban). �✓ 6. Use of inter -parcel connectors. Page 15 ~ • 0 Frederick County, Virginia Master Development Plan Application Package 7. Traffic impact analysis. To be submitted to the Virginia Department of Transportation. `DI' Location of sewer and water mains wit statements" concerning the connection with and availability of facilities. t� 9. Location and arrangement of electric and gas utilities. Other Design Information Yes No tj I 1. Location of Zoning District and Road Efficiency buffers, and examples specifying the screening to be provided. J 2. Plan for stormwater management. Location of stormwater facilities. ✓ 3. Acreage of each type of environmental protection land. (Amount and percentage of disturbed and protected land in common open space.) Shown in a table format. 4. Amount, boundaries, and location of common open space. (Indicate the percentage of the entire site to be placed in common open space.) 5. Location of environmental protected areas to be included in common open space. Page 16 Frederick County, Virginia Master Development Plan Application Package County Health Department Information n� Yes No 1. Statements and locations pertaining to sewer and water ava ability ✓��� 2. Statements. and locations concerning any existing pre- or post -water treatment facilities. /'✓ 3. Statements and location of any planned private treatment facilities. WI/I 40-hu c,, a Page 17 COUNTY of FREDERICK February 18, 2005 Mr. Christopher M. Mohn Patton Harris Rust & Associates, p.c. 117 East Piccadilly Street Winchester, Virginia 22601 RE: Briarwood III, Master Development Plan Frederick County, Virginia Dear Chris: Department of Public Works 5401665-5643 FAX: 540/ 678 -0682 We have completed our review of the master development plan for Briarwood III and offer the following comments: 1). Refer to the proffer statement, paragraph 9.2, III: This paragraph makes the Home Owners' Association (HOA) responsible for "common solid waste disposal programs, if they decide to use a commercial collection company." We recommend that the latter part of this statement be deleted with the HOA totally responsible for solid waste disposal. The adjacent Greenwood convenience site cannot handle the current solid waste flow much less an increase. Therefore, it is imperative that the responsibility for solid waste collection be borne by the HOA or developer. 2) It appears that the actual percentage of disturbance of wetlands will be much higher than the indicated 36 percent. This conclusion is based on the fact the development of the lots will destroy existing wetlands in addition to the construction of the proposed roads and stormwater management facilities. 3) Based on our recent site visit, it appears that the existing woodland are definitely exceeds the zero percent indicated under environmental features. An accurate delineation should be determined based on recent field surveys and reflected on the 107 North Kent Street • Winchester, Virginia 22601-5000 Briarwood III, Master Development Plan Page 2 February 18, 2005 master development plan. I can be reached at 722-8214 if you should have any questions regarding the above comments. HES/rls i cc: Planning and Development file C:\C0re1\Word Perfect\Riionda\brianvood III N IDPcomm-pd Sincerely, Harvey E. Strawsnyder, Jr., P.E. Director of Public Works CE wE FEB 2 2 2005 FREDERICK COUNTY PLANNING & DEVELOPMENT • Request for Master Development Plan Comments Virginia Department of Transportation Mail to: Virginia Department of Transportation Attn: Resident Engineer 14031 Old Valley Pike Edinburg, VA 22824 (540) 984-5600 CE��I�1 FF3 2 2 )D I JjkIDP__--- ERICK COUNTY ,��' & DEVELOPMENT PLA Hand deliver to: Virginia Department of Transportation 2275 Northwestern pike Winchester, VA 22603 (540) 535-1818 Please fill out the information as accurately as possible in order to assist the Virginia Department of Transportation with their review. Please attach three (3) copies of the MDP with this sheet. Applicant's Name: Patton Harris Rust & Associates, pc — ATTN: Chris Mohn Address: 117 E. Piccadilly Street Winchester, VA 22601 Phone Number: (540) 667-2139 _Name of development and/or description of the request: BRIARWOOD III (formerly Butcher Property) Location of Property: East of Greenwood Road (Route 656), south and adjacent to the Briarwood Subdivision. Virginia Department of Transportation's Comments: I he preliminary 111d5teF Plat] fOl tills PIUPC,ty appecis to have a ineastnable impeet em Ratite 656, DOT facility whiGh would provide access to the-prnpe4 Beforemaking any final rnmmPnts, this office will require a complete set of site plans, drainage calculations and traffic flow data from the I.T.E. Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signs iza ion, and off -site r -of-way the -deveEepeF Will need to apply te- this offF@for issdance of appropriate permits to cover saW work Thank you for allowing us the opportunity to comment. \ I)01 use only° llate tcceiv--d )atC tuti7CttC(l ---- Ji�iiutute and Datz Review NUmber: 1 2 3 4 , (i'lease circle one) I )ate approv cd: Revision required T RECEIVED D� i 2004 CIE FEg 2 2 r N NTY ,, BRIAR Request for Master Development Plan Comments Frederick County Fire Marshal Mail to: Hand deliver to: Frederic County Fire Marshal 1"Floor Attn: Fire Marshal 107 N. Kent St. 107 N. Kent St. Winchester, VA Winchester, VA 22601 (540) 665-6350 Please fill out the information as accurately as possible in order to assist the agency with their review. Please attach two (2) copies of the MDP with this sheet. Applicant's Name: Patton Hams Rust & Associates, pc — ATTN: Chris Mohn Address: 117 E. Piccadilly Street Winchester, VA 22601 Phone Number: (540) 667-2139 Name of development and/or description of the request: BRIARWOOD III (formerly Butcher Property) Location of Property: East of Greenwood Road (Route 656), south and adjacent to the Briarwood Subdivision. Fire Marshal's Comments: Frederick CountN' Fire Marshal use only' Date recei"ed Review Number. 1 2 3 d 5 (Please circle one) Date revie xed - Date approv�:d: Revision required si�natur� and Date • Control number MDP04-0022 Project Name Briarwood III Address 117 E Piccadilly St Type Application master development Current Zoning RP Automatic Sprinkler System Yes Other recommendation Emergency Vehicle Access Inadequate Siamese Location Not Identified Frederick County Fire and Rescue Department Office of the Fire Marshal Plan Review and Comments Date received 12/17/2004 City Winchester Date reviewed 12/29/2004 Applicant Patton Harris Rust & Assoc State Zip VA 22601 Tax ID Number Fire District 55-A-200 18 Recommendations Automatic Fire Alarm System Yes Requirements Hydrant Location Not Identified Roadway/Aisleway Width Adequate Date Revised Applicant Phone 540-667-2139 Rescue District 18 Election District Red Bud Residential Sprinkler System Yes Fire Lane Required Yes Special Hazards No Emergency Vehicle Access Comments Fire dept access shall be maintained at all times. Constructin material shall not be placed in roadways which might obstruct hydrants or access. Access Comments General access t the subdivision is not ideal. There is only one road that services the entire 69 houses unless future connections are provided. This would also affect emergency vehicle travel. Additional Comments Project buildout may require additional waterlines, fire hydrants or other fire protection requirements which may be addressed during the'site plan process(s). Water supply for firefighting shall be available as soon as combustible materials arrive on site. Plan Approval Recommended Reviewed By Signature Yes Karl Steudl Title ,ram' i sS 0 i� C E COUNTY of FREDERICK PO III III FEB 2, FREDERICK COUNTY PLANNING & DEVELOPMENT February 18, 2005 Mr. Christopher M. Mohn Patton Harris Rust & Associates, p.c. 117 East Piccadilly Street Winchester, Virginia 22601 RE: Briarwood III, Master Development Plan Frederick County, Virginia Dear Chris: Department of Public Works 540/665-5643 FAX: 540/ 678-0682 We have completed our review of the master development plan for Briarwood III and offer the following comments: 1) Refer to the proffer statement, paragraph 9.2, I11: This paragraph makes the Home Owners' Association (HOA) responsible for "common solid waste disposal programs, if they decide to use a commercial collection company." We recommend that the latter part of this statement be deleted with the HOA totally responsible for solid waste disposal. The adjacent Greenwood convenience site cannot handle the current solid waste flow much less an increase. Therefore, it is imperative that the responsibility for solid waste collection be borne by the HOA or developer. 2) It appears that the actual percentage of disturbance of wetlands will be much higher than the indicated 36 percent. This conclusion is based on the fact the development of the lots will destroy existing wetlands in addition to the construction of the proposed roads and stormwater management facilities. 3) Based on our recent site visit, it appears that the existing woodland are definitely exceeds the zero percent indicated under environmental features. An accurate delineation should be determined based on recent field surveys and reflected on the 107 North Kent Street • Winchester, Virginia 22601-5000 0 • Briarwood III, Master Development Plan Page 2 February 18, 2005 master development plan. I can be reached at 722-8214 if you should have any questions regarding the above comments. Sincerely, Harvey E. Strawsnyder, Jr., P.E. Director of Public Works HES/rls cc: Planning and Development file C:\CoreINWordPerfect\Rhonda\bi-iai-woodflIMDPeom.wpd 0 E pLAnt�t;N & ELOOPM"' Request for Master Development Plan Comments Frederick County Inspections Department Mail to: Hand deliver to: Frederick Co. Inspections Department 4 Floor Attn: Building Official 107 N. Kent St. 107 N. Kent St. Winchester, VA Winchester, VA 22601 (540) 665-5650 Please fill out the information as accurately as possible in order to assist the Inspections Department with their review. Please attach one (1) copy of the MDP with this sheet. Applicant's Name: Patton Harris Rust & Associates, pe — ATTN: Chris Mohn Address: 117 E. Piccadilly Street Winchester, VA 22601 Phone Number: (540) 667-2139 Name of development and/or description of the request: BRIARWOOD III (formerly Butcher Property) Location of Property: East of Greenwood Road (Route 656), south and adjacent to the Briarwood Subdivision. Frederick County Inspections Department Comments: — PUBLICWORK lC t5I„S�c �z e Brick o my Inspections Department use only s , Date received Re% ie%� Number: 1 2 3 4 5.(Please-circle one) Date reviuwe _ Qte dppro.,ed;, � ��C°} Revision equi d_ Sienature and Date 02/22/2005 09:08 5408680 FCSA PAGE 01 \... E c L� 1 lb L� Frederick Coun Y, Virginia B ARWOOD III P L g 2 Request for Master Development Plan Comments ! FREDERICK COUNTY Frederick County Sanitation Authority i PLANNING & DEVELOPMENT ?Mail to: Hand deliver to: Frederick County Saziitation Authority 315 Tasker Road Attn: Engineer Stephens City, VA P.O. Box 1877 (540) 868-1061 Winchester, VA 22604 Please fill out the information as accurately as possible in order to assist the Frederick County Sanitation Authority with their review. Please attach two (2) copies of the MDP with this sheet. Applicant's Name: Patton Harris Rust & Associates, pc — ATTN: Chris Mohn Address: 117 —EPiccadilly Street Winchester, VA 22601 Phone Number: (540) 667-2139 Name of development and/or description of the request: BRIA.RWOOD III (formerly Butcher Property) Location of Property: East of Greenwood Road Route 656), south and adjacent to the Briar -wood Subdivision. Frederick County Sanitation Authoritv's Comment: Post_V Fax Note 7677 Dace �pages� To . /Y r1 h M Go /Dept. N /C Co /1 S Phone s Pnone N Fax a FR. of /i BRtAJ Request for Master Development Plan Commentsn-�{{ � Frederick -Winchester Service Authority i" .1I tE Mail to: Hand deliver to: „ P 1, ! D EC 17 2004 r Frederick -Winchester Service Auth. 1 st Floor Attn: Sanitation Engineer 107 N. Kent Street g m 107 N. Kent St. Winchester, VA --- Winchester, VA 22601 (540) 722-3579 (540) 722-3579 Please fill out the information as accurately as possible in order to assist the agency with their review. Please attach one (1) copy of the MDP with this sheet. Applicant's Name: Patton Harris Rust & Associates, pc — ATTN: Chris Mohn Address: 117 E. Piccadilly Street Winchester, VA 22601 Phone Number: (540) 667-2139 Name of development and/or description of the request: BRIARWOOD III (formerly Butcher Property) Location of Property: East of Greenwood Road (Route 656), south and adjacent to the Briarwood Subdivision. Frederick -Winchester Service Authority Comments: Frcderich— Winchester SerN'ice ALIthoritN° use OIIIV Dale Irceived 11111104 Rc!vicurilher: 1 2', d 5 (Please circle one) DateIC%,�C L� d �I+E laic approved: t ` 1lS Revision required mlure and Date ?1 0 0 Christopher M. Mohn From: Marcus D. Lemasters [mlemaste@co.frederick.va.us] Sent: Thursday, December 30, 2004 9:52 AM To: Chris.Mohn@phra.com Subject: Briarwood III, road name request Chris, Thanks for the Holiday wishes, and more to you and yours, I've checked out your request for Briarwood III road name replacements. Looks good from here. Marigold Lane has been approved and added to the Frederick County Street Name List. Marcus Marcus D. Lemasters, Director Frederick County Dept. of GIS 1 D �.p, r.K GO6�»��FN� ederick`County, VirLiinia BRIX Request for Master Development Plan Comments Department of GIS (Geographic Information Systems) Mail to: Hand deliver to: Department of GIS, Attn: GIS Manager Department of GIS 107 North Kent Street 107 North Kent Street Winchester, VA 22601 Winchester, VA 22601 (540) 665-5651 (540) 665-5651 U u/ �+1 DEC 1 7 ?J�'4 I DAD 2004 BY The GIS Manager will review the proposed street names for this project to ensure their acceptability into the Frederick County Street Name System. Proposed street names will also be routed through the Communication Center Supervisor for review. This step will prevent duplicate street names from being entered. Please attach one copy of the plan indicating proposed names. Applicant's Name: Patton Harris Rust & Associates, pe — ATTN: Chris Mohn Address: 117 E. Piccadilly Street Winchester, VA 22601 Phone Number: (540)667-2139 Name of development and/or description of the request: BRIARWOOD III (formerly Butcher Property) Location of Property: East of Greenwood Road (Route 656), south and adjacent to the Briarwood Subdivision. GIS Manager Comments: These road names are approved and accepted into the Frederick County Road Name System: Farmington Blvd. Loganberry Lane, Poppy Lane, and Tiger Lilly Lane. Mistflower Lane must be denied as a duplicated name already in the system. Department of Planning and Development use only Daft i e 7-0 RCS iCV,' Numn ,r: 1 2 3 4 5 (Pluasc circle onc) llatc I � w v cd rL_yp— Date?proved: _ f Revision required SiL,na urC anti Date 77 C E � U • FEB 2 2 -r e-nFRICK GGUNTY BR: PLP° E 1a"T— Request for Master Development Plan Comments Frederick County — Winchester Health Department Mail to: Frederick -Winchester Health Dept. Attn: Sanitation Engineer 107 N. Kent St., Suite 201 Winchester, VA 22601 (540) 722-3480 Hand deliver to: 2 Floor, Suite 200 107 N. Kent Street Winchester, VA (540) 722-3480 0(09 b4 () 9 9 6\�) 5-37-4 -a 0D IV1IJy Please fill out the information as accurately as possible in order to assist the agency with their review. Please attach one (1) copy of the MDP with this sheet. Applicant's Name: Patton Harris Rust & Associates, pe — ATTN: Chris Mohn Address: 117 E. Piccadilly Street Winchester, VA 22601 Phone Number: (540) 667-2139 Name of development and/or description of the request: BRIARWOOD III (formerly Butcher Property) - Location of Property: East of Greenwood Road (Route 656), south and adjacent to the Briarwood Subdivision. FrederickCo.— Winchester Health Dept. use only - Date. recci" �.,d Date it vic" ,, a Siena urC and Data s Comments- Review Number:. 1 2 3 4 5 (Please circle one)' __- Date: appioti;ed: — , Revisionrequired Frederick Count IU FE5 2 2 u FREDERICK COUNTY ING &DEVELOPMENT BRIARV Request for Master Development Plan Comments Frederick County Department of Parks and Recreation Mail to: Hand deliver to: Frederick County 107 N. Kent Street Department of Parks and Recreation 2na Floor 107 N. Kent St. Winchester, VA Winchester, VA 22601 (540) 665-5678 Please fill out the information as accurately as possible in order to assist the agency with their review. Please attach one (1) copy of the MDP with the sheet. Applicant's Name: Patton Harris Rust & Associates, pc — ATTN: Chris Mohn Address: 117 E. Piccadilly Street Winchester, VA 22601 Phone Number: (540) 667-2139 Name of development and/or description of the request: BRIARWOOD III (formerly Butcher Property) Location of Property: East of Greenwood Road (Route 656), south and adjacent to the Briarwood Subdivision. Department of Parks and Recreation's Comments: Blap appea;:R to meet open space requirements. Also, monetary proffers offered for recreational purposes=.appeatr to be appropriate to offset the impact this development will have on the Parks and Recreation services provtded by trie County. Department of Parks and Recreation use only Date r ceivc,] _ Revie�ti N Ii ibcr: 1 2 3 4 5 (please circle one) Date re�-ic�,ved Date. approN°cd Rc%-ision required t � r,. , r+ Si"nanu-e and Dau 12/22/04 I F BRIA PLANNING__ Request for Master Development Plan Comments Winchester Regional Airport Mail to: Winchester Regional Airport Attn: Executive Director 491 Airport Road Winchester, VA 22602 Hand deliver to: 491 Airport Road (Route 645, off of Route 522 South) (540) 662-2422 Please fill out the information as accurately as possible in order to assist the agency with their review. Please attach one (1) copy of the MDP with this sheet. Applicant's Name: Patton Harris Rust & Associates, pe — ATTN: Chris Mohn Address: 117 E. Piccadilly Street Winchester, VA 22601 Phone Number: (540) 667-2139 Name of development and/or description of the request: BRIARWOOD III (formerly Butcher Property) Location of Property: East of Greenwood Road (Route 656), south and adjacent to the Briarwood Subdivision. Winchester Regional o � Airport Comments: see a. e d 'inch Ister Rel1iontzL-i.irport Use O-IlN Date nveivcd Inc view N timber: 1 ? 3 4 5 {Pleasecircle one) ' Date icNie-,ed -- Date approved: Revision required' 5i<t"nature and Date. I REM J s j� 2 0 2�0� ��� REGIpNq` �90 WINCHESTER REGIONAL AIRP( 1 SERVING THE 491 AIRPORT ROAD TOP OF VIRGINIA WINCHESTER, VIRGINIA 22602 �1141 (540) 662-2422 January 27, 2005 Chuck Maddox, P.E. Patton Harris Rust & Associates, pc 117 East Piccadilly Street Winchester, Virginia 22601 Re: Master Development Plan Briarwood, LC Redbud Magisterial District Dear Mr. Maddox: U FEB 2 2 ; FREDERICK COUNTY PLANNING & DEVELOPMENT The above referenced proposal was reviewed. While the proposed development lies within the airport's Part 77 surfaces and airspace, it appears that the proposed site plan will not impede operations at the Winchester Regional Airport. Thank you for your cooperation and consideration in the continuing safe operations of the Winchester Regional Airport. Sincerely, Serena R. Manuel Executive Director FEg Adminis�a ve Assistant to the Superintendent Itk SO 4ents Anp�i�� �a C Ps. Frederick County Public Schools Mr. Chris Mohn Patton Harris Rust & Associates, pc 117 E. Piccadilly Street Winchester, VA 22601 Dear Mr. Mohn: RE: Briarwood III Visit us at www.frederick.k12va.us January 5, 2005 e-mail: kapocsis@frederick. k12 va. us This letter is in response to your request for comments concerning the rezoning application for the proposed Bnarwood III project. Based on the information provided, it is anticipated that the proposed 69 single-family houses will yield 12 high school students, 10 middle school students, and 27 elementary school students for a total of 49 new students upon build -out. Significant residential growth in Frederick County has resulted in the schools serving this area having student enrollments exceeding the practical capacity for a school. The cumulative impact of this project and others of similar nature (Haggerty Project, Abrams Point Project, and Fieldstone Heights) coupled with the number of approved, undeveloped residential lots in the area and other projects in this area will necessitate a future construction site of 15 to 20 acres for the purpose of a new elementary school facility to accommodate increased student enrollments. The impact of this rezoning on current and future school needs should be considered during the approval process. Respectfully yours, 1 Stephen Kapoci Administrative Assistant to the Superintendent SMK/dkr cc: William C. Dean, Ph.D., Superintendent of Schools 540-662-3889 Ext 112 1415 Amherst Street, Post Office Box 3508, Winchester, VA 22604-2546 FAX 540-662-3890 D FE5 2 2 I BRIAR W Comments City of Winchester Mail to: Hand deliver to: Winchester Planning Department 15 N. Cameron Street Attn: Planning Director Rouss City Hall 15 N. Cameron Street Winchester, VA Winchester, VA 22601 (540) 667-1815 = i 21014 Please fill out the information as accurately as possible in order to assist the agency with their review. Please attach one (1) copy of the MDP with this sheet. Applicant's Name: Patton Harris Rust & Associates, pe — ATTN: Chris Mohn Address: 117 E. Piccadilly Street Winchester, VA 22601 Phone Number: (540) 667-2139 Name of development and/or description of the request: BRL4RWOOD III (formerly Butcher Property) Location of Property: East of Greenwood Road (Route 656), south and adjacent to the Briarwood Subdivision. of Wi ents: � 0 of N1'inch"ter use only Date i cciN cd . Rc�i»• V'umber: 1 2 4 (Please circle one) Date rcc ie«ed _ Data a� 1')i gad: -- — Revision requir ti — _ -- COUNTY of FREDERICK Department of Planning and Development FREDERICK COUNTY 540/665-5651 ai ,NNING & DEVELOPMENT FAX: 540/665-6395 January 5, 2005 Mr. Christopher Mohn Patton Harris Rust and Associates, PC 117 E. Piccadilly Street Winchester, Virginia 22601 RE: Preliminary Master Development Plan Review Comments Briarwood III (Butcher Property) Property Identification Number (PIN#) 55-A-200 Dear Chris: Please adequately address each of the comments listed below prior to formal submission of the preliminary master development plan referenced above: Preliminary Review Comments: 1. Subdivision Roads. The road details for the subdivision show a mountable curb being used. Revise this detail to show a standard CG-6 curb being used. 2. Sidewalks. The sidewalks shown on the road details are only four feet wide. Please change this to a five foot width. 3. Riparian Buffers. In some areas the lot limits include some areas of the riparian buffers. In accordance with § 165-31 C of the Frederick County Zoning Ordinance, riparian buffers must be placed within the open space unless the Planning Commission waives this requirement. 4. Traffic Calming Methods. Per proffer 12.1, show the location and type of traffic calming method being used on Farmington Blvd. 5. Signalization. Provide a notation at the intersection of Greenwood Road and Farmington Boulevard regarding the signalization agreement referred to in 12.2 of the proffer statement. 6. Landscaping Note. Under the landscaping note, include that a minimum of two trees per lot is required with the street tree option. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Mr. Chris Mohn, Patton Harris Rust and Associates, PC RE: Briarwood III (Butcher Property) January 5, 2005 Page 2 7. Utilities. Show the location and arrangement of electric and gas utilities. 8. Sewer and Water. Include a statement regarding the availability of water and sewer facilities. In order to continue the review of this Master Development Plan, you will need to submit a complete MDP application, a signed and notarized Special Limited Power of Attorney Form, all review agency comments and review fee, to this department. The review fee for this application will be $2,999.45 ($1,500 base + $1,499.45 @$50 per acre). Once this information is received, and all review comments addressed, staff will schedule the application for review by the Planning Commission. Review comments are required from the following agencies: Frederick County Fire Marshal, Frederick County Department of Building Inspections, Frederick County Department of Public Works, Frederick County Department of G.I.S, Frederick County Health Department, Frederick County Parks & Recreation, Frederick County Sanitation Authority, and the Virginia Department of Transportation. Please do not hesitate to contact me with questions regarding this letter. Sincerely, Candice E. Perkins Planner II cc: Briarwood LC, 205 N Cameron Street, Winchester, Virginia 22601 gilbert w. clifford & associates a division of Patton H arris Rust & Associates,pc Engineers. Surveyors. Planners. Landscape Architects, r r n 2 2 2 >nh rCD �_.9 117 East Piccadilly Street, Suite 200 PRA Winchester, Virginia 22601HT 540.667.2139 FREDERICK COUNTY Transmittal F 540.665.0493 PLANNING & DEVELOPMENT To: Mike Ruddy Organization/Company: Frederick County Planning Address: 107 N. Kent Street Winchester, VA 22601 Telephone Number: Date: February 22, 2005 From: Charles E. Maddox, Jr., P.E., VP Project Name/Subject: Briarwood Section III Via: Internal Project File #: Quantity File # Date Description Transmitted ® Herewith 69 Preliminary Master Plan ❑ Under separate cover Material ❑ Originals ❑ Photocopies ❑ Diskette ❑ Shop Drawings ❑ Mylar ❑ Ozalid Prints ❑ Invoice ❑ Sepia Notes: Received by: Date: Purpose ❑ Your Use ❑ Your Files ® Approval ❑ Please Return: Corrected Prints ❑ Please Submit: Revised Prints i Document Approval Form PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TIME OF YOUR APPROVAL. IF THIS DOCUMENT DOES NOT MEET YOUR APPROVAL PLEASE PROVIDE COMMENTS AS TO WHA T YO U WO ULD LIKE TO HA VE COMPLETED. INITIALS Candice David Mark Susan Eric COMMENTS: Received by Clerical Staff (Date & Time): DATE & TIME 0•* luu•x 29.9891= 2,998.91* 2998.91+ 2000.00+ 4998.91* 1P999.46+ 2,999.4>+ 4,998.91* O O � N O m u ct O oQ O N U � 6 tA I �=. RECEIVED FFZOM ADDRESS- r UU0 • AMT OF CASH ACCOUNT I I AMT. PAID 7 CHECK BALANCE C1 Iq I UE ORDER O s NO. BY PI)RkZ�Z 8131 $G� w N S E REQUESTING AGENT; DEPT. OF GEOGRAPHIC INFORMATION SYSTEMS FREDERICK COUNTY, VIRGRiIA GIS, MAPPING, GRAPHICS WORKREQUEST DATE RECEIVED: 43- O- REQUESTED COMPLETION DATE: Department, Agency, or Company: - Mailing and/or Billing Address: Telephone: E-mail Address: ESTIMATED COST OF PROJECT: DE TION OF REQUEST: (Write additional DIGITAL: PAPER: FAX: SIZES: COLOR: BLACK/WHITE: STAFF MEMBER - COMPLETION DATE: MATERIALS: DATE OF PICK-UP/DELIVERY: AMOUNT DUE: AMOUNT BILLED: METHOD OF PAYMENT: FAX: /" P .*7- b s 05- E-MAIL: NUMBER OF COPIES: HOURS REQUIlZED: :_U_ • 1vj� CHECK NO.# Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-5651) COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC MEETING March 30, 2005 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNERS(S) RE: MASTER DEVELOPMENT PLAN #05-05 OF BRIARWOOD, III On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public meeting being held on Wednesday, April 13, 2005 at 7:15 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia. This meeting is to consider Master Development Plan #05-05 for Briarwood, III, submitted by Patton Harris Rust & Associates, PC, for 69 Single Family Detached Urban Dwelling Units. The property is located east of Greenwood Road (Route 656), south and adjacent to Briarwood Subdivision, and is identified with Property Identification Number 55-A-200, in the Red Bud Magisterial District. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Information regarding this application will also be available via the Planning Department's Web Page at www.co.frederick.va.us. Sincerely, Candice E. Perkins Planner II CEP/bad 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 1 This is to certify that the attached correspondence was mailed to the following on 3 �SO &p,r' from the Department of Planning and Development, Frederick County, Virginia: 551 -1-1- 8- 5 IVY, RICHARD L & SHARON K 5 - A• - 200- BRIARWOOD MANOR, LLC 100 GOLDENROD RD 205 N CAMERON ST WINCHESTER, VA 22601 WINCHESTER, VA 22602 7643 9�0 551 - 1. 1- 9- HAYES, JACK L Patton Harris Rust Associates, PC 430 SIR JOHNS RD Attn: Charles Maddox CLEARBROOK, VA 22624.1131 117 E. Piccadilly Street, Suite 200 551 .1.1- 10- - Winchester, VA 22601 Alp Z-(, TENSLEY, RUTH H 55 - A- . 184-- 103 ORION CT WINSLOW, BETTIE E J WINCHESTER, VA 22602.7645 711 GREENWOOD RD 551 - 1. 1- 11- WINCHESTER, VA. 22602.7641 LAMM, STEVEN L & GREENWALT, ANGELA DAWN 55 - A• -192- 105 ORION CT GREENWOOD BAPTIST CHURCH WINCHESTER, VA 22602-7645 779 GREENWOOD RD WINCHESTER, VA. 22602.7641 55J -1.1. 12- COFFEY, MARLON A & CYNTHIA D 55 • A- • 201- - 107 ORION CT ORRICK CEMETERY COMPANY, INC. WINCHESTER, VA 22602.7645 C/O R W BURKS ADMN 501 S BRADDOCK ST WINCHESTER, VA. 22601.4048 55J -1.1- 7- RANGEL, RAEGAN P & JOSE R�� 102 GOLDENROD RD WINCHESTER, VA 22602.7643 Candice E. Perkins, Planner II Frederick County Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK a Notary Public in and for the State and County aforesaid, do eby certify that Ca ice E. Perkins, Planner II for the Departipent of Planning and Development, whose name is signed to the foregoing, dated , has personally appeared before me and acknowledged the same in my State an6 County aforesaid. Given under my hand this day of My commission expires on �® w '�U&� NOTARY UBLIC 0V ff --- 55J - 1- 2. 30- CARR, KENNETH W JR & MARY ANN 302 LILYS WAY WINCHESTER, VA 22602.7651 55J - 1- 2- 31- LASHLEY, LAMONT L & LORRETTA E 304 LILYS WAY WINCHESTER,VA 22602.7651 55J -1.2- 32- WHITE, CHRISTOPHER L & VICKI L 306 LILYS WAY WINCHESTER,VA 22602.7651 55J - 1- 2- 33- VANAMBURG, ALAN C & DIANE L 308 LILYS WAY WINCHESTER, VA 22602.7651 55J - 1- 2- 34- MASON, RHODA 310 LILYS WAY WINCHESTER,VA 22602.7651 551 - 1- 2- 35- EDLICH, RICHARD C & CYNTHIA LUANNE 312 LILYS WAY WINCHESTER,VA 22602.7651 55J - 1- 2- 36- ROBERTSON, BARRY P & VICKI L 119 WHITFIELD CIR STEPHENS CITY, VA 22655.3202 55J - 1- 2- 36-A BRIARWOOD ESTATES HOMEOWNERS ASSOC INC PO BOX 29 STEPHENS CITY, VA 22655.0029 55J - 1- 6- 112- WALLACE, JOHN D & SUSAN L 318 LILYS WAY WINCHESTER,VA 22602 55J • 1- 6- 114- GWINN, DAVID F & LYNN K 202 TREFOIL CT WINCHESTER,VA 22602.76BO 551 - 1- 6. 115- FRIES, KEVIN A & AMBER R 204 TREFOIL CT WINCHESTER,VA 22602.7680 55J - 1- 6- 116- DIAZ, DAVID & SHERRY 206 TREFOIL CT WINCHESTER, VA 22602.7680 55J - 1- 6. 117- CAVE, MARK E & LAURA L 208 TREFOIL CT WINCHESTER,VA 22602 55J - 1.6- 118- HAMMOND, CHRISTOPHER S & CARLA A 210 TREFOIL CT WINCHESTER, VA 22602.7680 �lQ kx W oo, J1F— Briarwood Section 3 ID # Name Address Zonin Use -55-A-184 Bettie E Winslow 711Greenwood Road, Winchester, VA 22602 RP Residential 55-A-192 v 55-A-2Q1 55J-1-1-1"-- Greenwood Baptist Church Orrick Cemetery Co., Inc. Raegan P & Jose R Rariel 778 Greenwood Road, Winchester, VA 22602 501 S. Braddock Street, Winchester, VA 22601 102 Goldenrod Road, Winchester, VA 22602 RA RA RP Religious Agricultural Residential 55J-1-1-8 ✓ Richard L & Sharon K Ivy 100 Goldenrod Road, Winchester, VA 22602 RP Residential 55J-1-1-9 Randy L & Heather C Stotler 101 Orion Ct., Winchester, VA 22602 RP Residential 55J-1-1-10 Ruth H Tensley 103 Orion Ct., Winchester, VA 22602 RP Residential 55J-1-1-11 Steven L Lamm & Angela Greenwalt 105 Orion Ct., Winchester, VA 22602 RP Residential 55J-1-1-12 Marlon A & Cynthia D Coffey 107 Orion Ct., Winchester, VA 22602 RP Residential 55J-1-2-30 f Robert & Jennifer Douglas 302 Lil s Way, Winchester, VA 22602 RP Residential 55J-1-2-31/ Lamont L & Lorretta E Lashley 304 Lil s Way, Winchester, VA 22602 RP Residential 55J-1-2-32 o Christopher L & Vicki L White 306 Lil s Way, Winchester, VA 22602 RP Residential 55J-1.-2-33 Alan C & Diane L Van Amburg 308 Lilys Way, Winchester, VA 22602 RP Residential 55J-1-2-34 55J-1-2-35 / Rhonda Mason Richard C Edlich 310 Lil s Way, Winchester, VA 22602 312 Lil s Way, Winchester, VA 22602 RP RP Residential Residential 55J-1-2-36 l Barry P & Vicki L Robertson 119 Whitfield Cir., Stephens City, VA 22655 RP Vacant 55J-1-2-36A Briarwood Estates Homeowners Assoc. P.O. Box 746, Stephens City, VA 22655 RP Vacant 55J-1-6-112 John D & Susan L Wallace 318 Lil s Way, Winchester, VA 22602 RP Residential 55J-1-6-114 David F & Lynn K Gwinn 202 Trefoil Ct., Winchester, VA 22602 RP Residential 55J-1-6-115 s' Alan R & Leigh Ann S Saville 204 Trefoil Ct., Winchester, VA 22602 RP Residential 55J-1-6-116 Barrett & Carla Hopper 206 Trefoil Ct., Winchester, VA 22602 RP Residential 55J-1-6-117 SSJ-1-6-118 / Mark E & Laura L Cave Christopher S & Carla A Hammond 208 Trefoil Ct., Winchester, VA 22602 210 Trefoil Ct., Winchester, VA 22602 RP RP Residential Residential -/ � -1146, .. TO: Barbara - Data Processing FROM: Bev - Plaqning Dept. Please pri t sets of labels by: 2 S THANKSIII Briarwood Section 3 Address 71 lGreenwood Road, Winchester, VA 22602 Zonin RP Use Residential ID # 'S5-A-184 Name Bettie E Winslow 778 Greenwood Road, Winchester, VA 22602 RA Religious 55-A-192 Greenwood Baptist Church 501 S. Braddock Street, Winchester, VA 22601 102 Goldenrod Road, Winchester, VA 22602 100 Goldenrod Road, Winchester, VA 22602 RA RP RP Agricultural Residential Residential 55-A-201 55J-1-1-7 SSJ-1�1-8 Orrick Cemetery Co., Inc. Rae an P & Jose R Rari el Richard L & Sharon K Iv 101 Orion Ct., Winchester, VA 22602 RP Residential 55J-1-1-9 Randy L & Heather C Stotler 103 Orion Ct., Winchester, VA 22602 105 Orion Ct., Winchester, VA 22602 Orion Ct., Winchester, VA 22602 302 Lilys Way, Winchester, VA 22602 RP RPResidential RP RP Residential Residential Residential ME JRuth H Tensle Steven L Lamm & An ela Greenwalt Marlon A & Cynthia D Coffey107 SSJ-1-2-30 Robert &Jennifer Douglas 304 Lilys Way, Winchester, VA 22602 306 Lilys Way, Winchester, VA 22602 RP RP Residential Residential = 55J-1-2-31 Lamont L & Lorretta E Lashley Christopher L & Vicki L White - 55J-1-2-32 308 Lilys Way, Winchester, VA 22602 310 Lilys Way, Winchester, VA 22602 312 Lilys Way, Winchester, VA 22602 RP RP RP Residential Residential Residential 55J-1.-2-33 55J-1-2-34 55J-1-2-35 Alan C & Diane L Van-Amburg Rhonda Mason Richard C Edlich 119 Whitfield Cir., Stephens City, VA 22655 P.O. Box 746, Stephens City, VA 22655 318 Lilys Way, Winchester, VA 22602 RP RP RP Vacant Vacant Residential 55J-1-2-36 B P & Vicki L Robertson Briarwood Estates Homeowners Assoc. John D & Susan L Wallace David F & L K Gwinn Alan R & Leigh Ann S Saville = 55J-1-2-36A 55J-1-6-112 202 Trefoil Ct., Winchester, VA 22602 204 Trefoil Ct., Winchester, VA 22602 206 Trefoil Ct., Winchester, VA 22602 RP RP RP Residential Residential Residential 55J-1-6-114 55J-1-6-115 55J-1-6-116 Barrett & Carla Hopper 208 Trefoil Ct., Winchester, VA 22602 210 Trefoil Ct., Winchester, VA 22602 RP RP Residential Residential 55J-1-6-117 - 55J-1-6-118 Mark E & Laura L Cave Christopher S & Carla A Hammond TO: Barbara - Data Processing FROM: Bev - Pla ning Dept. Please pri t sets of labels by: S THANKS111 z COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC MEETING March 2, 2005 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: MASTER DEVELOPMENT PLAN 405-05 OF BRIARWOOD, III On behalf of the Frederick County Planning Commission, you are hereby notified of a public meeting being held on Wednesday, March 16, 2005 at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia. This meeting is to consider Master Development Plan #05-05 for Briarwood, III, submitted by Patton Harris Rust & Associates, PC, for 69 Single Family Detached Urban Dwelling Units. The property is located east of Greenwood Road (Route 656), south and adjacent to Briarwood Subdivision, and is identified with Property Identification Number 55-A-200, in the Red Bud Magisterial District. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Information regarding this application will also be available via the Planning Department's Web Page at www.co.frederick.va.us. Sincerely, Candice E. Perkins Planner II CEP/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certify that the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick County, Virginia: - - - - 55J -1- 1- 8- 55 - A- - 200- IVY, RICHARD L & SHARON K BRIARWOOD MANOR, LLC 205 N CAMERON ST 100 GOLDENROD RD WINCHESTER, VA 22601 WINCHESTER, VA 22602.7643 551 - 1- 1- 9- Patton Harris Rust Associates, PC HAYES, JACK L Attn: Charles Maddox 430 SIR JOHNS RD CLEARBROOK, VA 22624 1131 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 f"/0,PL-(. 55J 1 1 10 ) TENSLEY, RUTH H 55 • A- - 184- WINSLOW, BETTIE E 103 ORION CT WINCHESTER, VA 22602-7645 711 GREENWOOD RD - WINCHESTER, VA. 22602-7641 551 - 1. 1. 11- LAMM, STEVEN L 55 - A- - 192• & GREENWALT, ANGELA DAWN GREENWOOD BAPTIST CHURCH 105 ORION CT 779 GREENWOOD RD WINCHESTER, VA 22602.7645 WINCHESTER, VA. 22602.7641 551 - 1- 1- 12- 55 - A- • 201- COFFEY, MARLON A & CYNTHIA D ORRICK CEMETERY COMPANY, INC. 107 ORION CT CIO R W BURKS AOMN WINCHESTER, VA 22602-7645 501 S BRADDOCK ST WINCHESTER, VA. 22601.4048 551 -1.1- 7- RANGEL, RAEGAN P & JOSE R 102 GOLDENROD RD WINCHESTER, VA 22602.7643� Candice E. Perkins, Planner II - - Frederick County Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK a Notary Public in and for the State and County aforesaid, do reby certify that Ca dice E. Perkins, Planner II for the epartment of Planning and Development, whose name is signed to the foregoing, dated S Abx- , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this / _ day of My commission expires on IVA 14 721 . W/z 2.1, = 7 D Vf�- 55J - 1- 2- 30- CARR, KENNETH W JR & MARY ANN 302 LILYS WAY WINCHESTER, VA 22602.7651 55J - 1- 2. 31- LASHLEY, LAMONT L & LORRETTA E 304 LILYS WAY WINCHESTER, VA 22602.7651 55J - 1- 2- 32- WHITE, CHRISTOPHER L & VICKI L 306 LILYS WAY WINCHESTER, VA 22602.7651 55J - 1- 2- 33- VANAMBURG, ALAN C & DIANE L 308 LILYS WAY WINCHESTER, VA 22602-7651 55J - 1- 2- 34- MASON,RHODA 310 LILYS WAY WINCHESTER, VA 22602-7651 55J - 1- 2- 35- EDLICH, RICHARD C & CYNTHIA LUANNE 312 LILYS WAY WINCHESTER, VA 22602-7651 55J - 1- 2. 36- ROBERTSON, BARRY P & VICKI L 119 WHITFIELD CIR STEPHENS CITY, VA 22655.3202 55J - 1- 2- 36-A BRIARWOOD ESTATES HOMEOWNERS ASSOC INC PO BOX 29 STEPHENS CITY, VA 22655.0029 55J - 1- 6.112- WALLACE, JOHN D & SUSAN L 318 LILYS WAY WINCHESTER,VA 22602 55J - 1- 6- 114- GWINN, DAVID F & LYNN K 202 TREFOIL CT WINCHESTER, VA 22602.7680 55J - 1- 6. 115- FRIES, KEVIN A & AMBER R 204 TREFOIL CT WINCHESTER, VA 22602.7680 55J - 1- 6- 116- DIAZ, DAVID & SHERRY 206 TREFOIL CT WINCHESTER, VA 22602.7680 55J -1- 6-117- CAVE, MARK E & LAURA L 208 TREFOIL CT WINCHESTER- VA 22602 55J - 1- 6.118- HAMMOND, CHRISTOPHER S & CARLA A 210 TREFOIL CT WINCHESTER, VA 22602-7680 y COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC MEETING March 2, 2005 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: MASTER DEVELOPMENT PLAN #05-05 OF BRIARWOOD, III On behalf of the Frederick County Planning Commission, you are hereby notified of a public meeting being held on Wednesday, March 16, 2005 at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia. This meeting is to consider Master Development Plan #05-05 for Briarwood, III, submitted by Patton Harris Rust & Associates, PC, for 69 Single Family Detached Urban Dwelling Units. The property is located east of Greenwood Road (Route 656), south and adjacent to Briarwood Subdivision, and is identified with Property Identification Number 55-A-200, in the Red Bud Magisterial District. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Information regarding this application will .also be available via the Planning Department's Web Page at www.co.frederick.va.us. 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning & Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 MAR 8 200� FREDERICK COUNTY ,NNING & DEVELOPMENT 55J - 1.2- 36-A / BRIARWOOD ESTATES HOMEOWNERS ASSOC I N C PO BOX 29 STEPHENS CITY, VA 22655-0029 ::AGE �* MAR02'05 h' H M E Et*r 1 K;; X I€ 201 1 00 03104/OS RETURN TO SENDER NO SUCH NUMBER UNABLE TO FORWARD BC: 22601S00099 *3017-1530O-0.2-43 -..:: ����_�;��o�►a-.: I„I,f„I,III„li,�,,,,II,i,I,ll,,,ll,,,ll,,,l,l„i,L„li„I ..Lti'.: �.SV VL1 L41Yi COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC MEETING March 30, 2005 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: MASTER DEVELOPMENT PLAN #05-05 OF BRIARWOOD, III On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public meeting being held on Wednesday, April 13, 2005 at 7:15 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia. This meeting is to consider Master Development Plan #05-05 for Briarwood, III, submitted by Patton Harris Rust & Associates, PC, for 69 Single Family Detached Urban Dwelling Units. The property is located east of Greenwood Road (Route 656), south and adjacent to Briarwood Subdivision, and is identified with Property Identification Number 55-A-200, in the Red Bud Magisterial District. A copy of the application Will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Information regarding this application will also be available via.the Planning Department's Web Page at www.co.frederick.va.us. Sincerely, Candice E. Perkins Planner II CEP/bad 107 North Kent Street, Suite 202 a Winchester, Virginia 22601-5000 l 11�1 COUNTY of FREDERICK � t Department of Planning & Development APR — 4 M�R30'05 i ; t 107 North Kent Street, Suite 202 I # Winchester, Virginia 22601 i 1�— _ H M TE.� 7 s "' FREDERICK COUNTY DEVELOPMENT 55J - 1. 2. 36•A BRIARWOOD ESTATES HOMEOWNERS AS` -4C' r INC _ PO BOX 29 STEPHENS CITY, VA 22655-0029 NZ. xxE 201 1 00 0 4:J ©1J 05 RETURN TO SENDER R NO SUCH NUMSER UNAC-ILIF 'TO FORWARD Eta: ::2'.eE>g1.�3gqC1599 �ti�t�17-q:��f5Q-3q--3S ---R::':t:i ___ _ hdill11I1I11Ia IM)1111111l1ll,1till H