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HomeMy WebLinkAbout05-04 Channing Drive 9 & 10 (Fushep) 220 Units - Redbud - BackfileMASTER DEVELOPMENT PLAN TRACKING SHEET (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. ✓ Submission Fee Date 7 NOTES: TRACKING Application received Fee Paid (amount: Preliminary MDP heard by Planning Commission - Action taken: Preliminary MDP heard by Board of Supervisors - Action taken: 0� Letter to applicant regarding Board action and revisions (if required). Final MDP submitted with review agency, PC and BOS comments addressed. Final MDP signed by County Administrator and Planning Director (send two copies to applicant). Administratively approved; letter sent to applicant. 4 DATE: e File opened. Reference Manual updated/number assigned. zj� D-base updated. O List of adjoiners given to staff member for verification. S� One black & white location map requested from Mapping & Graphics. Four sets of labels requested from Data Processing. File given to Renee' to update Application Action Summary. CLO E OUT FILE: 0 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 Jane wants a copy of the final action letter even if the application was denied or �J withdrawn.) ?f 0 File stamped "approved"/"denied" or "withdrawn." o Reference Manual updated. �S p D-base updated. %30 given to Renee' for final update to Application Action Summary. File in file drawer. U\Cool\Comm Mackmgsh=ts\TRACKING.MDP Rev olrz1ro7 U � � I Received From &WZ w _ a - g Address .- p Y For 0o ua� �^� Q 7DUE C W IL Date CASH CHECK IEY ORDER ❑ BY Dollars $ L. Preston Bryant, Jr. Secretary of Natural Resources -T_W1J LAic�(-I ►nbp .17 COMMONWEALTH of VIRGINIA DEPARTMENT OF CONSERVATION AND RECREATION Dept. of Conservation & Recreation 98 Alexandria Pike, Suite 33 Warrenton, VA 20186-2849 October 3, 2007 Mr. Tom Sayre Toll Brothers Land Development P.O. Box 588 Inwood, WV 25428 Re: Sheppard Dam, Inventory Number 06907, Frederick County, Virginia Dear Mr. Sayre: Joseph H. Maroon Director OCT 5 I recently learned that Toll Brothers Land Development (TBLD) purchased the above referenced dam in Frederick County. As the new owner, TBLD is required to submit an update to the dam's Emergency Action Plan (Plan), dated July 26, 2001, reflecting the names and 24-hour telephone numbers for the persons responsible to administer the Plan. Additionally,the dam's six -year Regular Operation and Maintenance Certificate expires on January 31, 2008. You need to apply for recertification, submitting all required forms signed by appropriate persons and sealed by your professional engineer no later than December 15, 2007. Virginia Code requires dam owners to maintain their dam in a condition to prevent unreasonable threats to life and property of others through the issuance of an Operation and Maintenance Certificate by the Virginia Soil and Water Conservation Board. A copy of the current Virginia Impounding Structures Regulation is enclosed. In order for the Certificate to be renewed, as a regulated dam owner you will need to secure the services of a Professional Engineer licensed in the Commonwealth of Virginia to inspect your dam and complete the following documents and forms: 1. Operation and Maintenance Application for Class I, II, and III Structures. (DCR 199-099) 2. Emergency Action Plan for Class I, II, and III Impounding Structures. (DCR 199-103) 3. Inventory Report for Class III and Class IV Impounding Structures. (DCR 199-198) 4. Reinspection Report for Class I and Class II Impounding Structures (DCR 199-105). This form is only due if the Hazard Class of the dam needs to be elevated due to changes downstream of the dam. State Parks - Soil and Water Conservation - Natural Heritage - Outdoor Recreation Planning Chesapeake Bay Local Assistance - Dam Safety and Floodplain Management - Land Conservation Sheppard Dam October 3, 2007 I have enclosed copies of these forms for your use. In addition, your engineer will need to confirm the hazard Class of the dam. Currently it is classified as a Class III Impoundment. It is likely that the dam's hazard classification has changed in the last 6 years due to development downstream of the dam. It is critical that your engineer confirm the hazard class of the dam when submitting the above -mentioned forms. The documents and additional information about the dam safety program may be found and downloaded from the DCR website at www.dcr.virginia.gov. Again, these forms need to be completed and received in our office by December 15, 2007 in order to remain in compliance with the Dam Safety Act and the Virginia Soil and Water Conservation Board Regulations. Please send your submittals to DCR Dam Safety, 98 Alexandria Pike, Suite 33, Warrenton, VA 20186-2849. Should you have any questions, please feel free to call me at (540) 351-1587. Your cooperation in this matter is greatly appreciated. With best regards, i2al-h 9 ems© Robert J. VanLier, P.E. Dam Safety Regional Engineer Enclosures c: William G. Browning, Director, Division of Dam Safety and Floodplain Management James M. Robinson, P.E., Program Manager, Dam Safety Program Frederick County Planning Dept. ENGINEERING, w. 151 Windy Hill Lane Winchester, Virginia 22602 Founded in 1971 June 4, 2007 �►`� P ,off Frederick County Department of Planning & Zoning Attention: Mr. Mark Cheran 107 North Kent Street Winchester, Virginia 22601 JUN 5 2007 RE: Channing Drive Boundary Line Adjustment and Right -of -Way Dedication Plat Dear Mr. Cheran: I have reviewed your comments of May 25, 2007 on the above referenced plat and have addressed them as follows: Comments from Frederick County Department of Planning & Zoning Comment 1: Need to include the zoning of the properties per Rezoning #15-99. Response: The separate RP and B2 zonings for Tax Parcels 55-A-206 and 65-A-39 have been delineated by adding the zoning lines and labeling them accordingly. A note added to sheet 3 references Rezoning #15-99. Comment 2: Need to remove Sovereign Village Section 3-A and Section 4 from the plat, as these sections have not been approved. Response: Section 3-A is shown because the subdivision plat was approved and recorded as Instrument # 040023123. References to Section 4 have been removed. Comment 3: Need to remove Lynnehaven Section 3, Phase 1 from the plat, as this section has not been approved. Response: References to Section 3, Phase I have been removed. Comment 4: Provide letters from U.S. Army Corps of Engineers on wetlands and flood plain disturbance. Response: Copies of permits issued by the Corps of Engineers and Virginia Department of Environmental Quality regarding wetlands and flood plain disturbance are attached. Engineers Surveyors Telephone 540-662-4185 FAX 540-722-9528 www.greenwayeng.com Comment 5: An appropriate construction guarantee must be in place prior to approval. Response: The developer will be responsible for coordinating this with Frederick County. Thank you for your time and consideration. If you have any additional comments, please call me at (540) 662-4185. Sincerely, Greenway Engineering Ernest S. Holz. orth, L.S. Enclosures ESH/djd R U J d w J F am wdln W W j n 00zo 0 <oa m� z z w t 040023123 �J `r. THIS DEED OF DEDICATION, made and dated this 221 day of July, 2004, by and between MANNING & ROSS DEVELOPERS3 LLC, a Virginia Limited Liability Company, party of the first part, hereinafter called the DECLARANT (Grantor for indexing purposes), and FRE ERICKCOUNTY VIRGIN [A, party ofthe second part (Grantee for indexing purposes), and THE FREDERICK COUNTY SANITATION AUTHORITY, party of the third part (Grantee for indexing purposes). WHEREAS, the DECLARANT is the owner in fee simple of the real estate shown on the attached plat drawn by Richard A. Edens, L.S., dated March 4, 2004 known as Sovereign Village, Section 3-A, attached hereto and by this reference made a part hereof as if set out in full, which property is further described on the Final Master Development Plan of Sovereign Village as filed in the Office of the County of Frederick Department of Planning and Development. This is a portion of the same real estate conveyed to the DECLARANT by Deed dated October 1, 1999, of record in the Office of the Clerk of the Circuit Court of Frederick County in Deed Book 948 at Page 1760; Manning & Ross, LLC amended its name to Manning & Ross Developers, LLC by certificate duly issued from the State Corporation Commission dated January 11, 2001, WHEREAS, said real estate, as shown on the aforesaid attached plat, has been subdivided into lots for the construction of single family homes thereon, and the attached plat shows accurately the metes and bounds of the subdivided land, together with the dimensions of each lot thereof and also shows certain surrounding lands in said Subdivision to be used as common open space, storm water detention easement, landscaping easements, access and driveway easements, sanitary sewer easements, drainage easements, and utility easements over and across said lots, all of which shall constitute a portion of that development known as Sovereign Village, and which common open space/driveway/ and access easement areas shall b� owned and maintained by the Sovereign Village Homeowners Association upon the terms and conditions set forth hereinafter: and, WHEREAS, the DECLARANT now desires to subdivide the same into lots to be known as Sovereign Village. The subdivision of said real estate, as it now appears on the aforesaid attached plat, is with the free consent and in accordance with the desires of the undersigned DECLARANT, and the DECLARANT hereto further desires to subdivide the aforesaid real VICINITY MAP _ 1' = 2000' u IN "a_ SI TE � oq, °Q> � r rr O larr Rt 0 es � 0 c GREEN OD ' � sen`S9 m S � ' ny APPROVALS: AREA TABULATION.- ' f TOTAL LOT AREAS = 5.0470 AC A w TOTAL R/W AREA = 2.0774 AC TOTAL OPENSPACE = 4,71520 AC Fre�erick Co. SanitationlAutnrity Dote _ SUBDIVIDED AREA = 12,8864 AC ORIGINAL AREA = 77.6766 AC Frederick Co. Subdivision Administrotor Date RESIDUE PARCEL 39 = 61.3699 AC RESIDUE PARCEL 39A = 3.4204 AC Vo. Dept. of Trongportotron (late REMAINING AREA = 64.7902 AC OWNER'S CERTIFICATE.• THE SUBDIVISION OF THE LAND SHOWN HEREON IS WITH THE FREE CONSENT Acknowledged before me AND /N ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, SiGI this Z day of iy1r;� 2004. PROPRIETORS, AND , TRUSTS Y.' IF AN �r� FOR MAN N 0 OPERS LL My Commission Expiresr�,G.� ZCbb BY _ �� _ ►�. -1 l DA Notory SURVEYOR'S CERTIFICATE.• I HEREBY CERTIFY THAT THE LAND CONTAINED IN THIS SUBDIVISION IS (i) A PORTION OF THE LAND CONVEYED TO MANNING & ROSS DEVELOPERS, LLC BY DEED DATED NOVEMBER 28, 2001 OF RECORD IN THE FREDERICK COUNTY CIRCUT COURT CLERKS OFFICE AS INSTRUMENT JOIOO16J81 AND (ir) A PORTION OF THE LAND CONVEYED TO MANNING & ROSS, LLC BY DEED DATED OCT08ER 1, 1999 OF RECORD 1N SAID CLERK'S OFFICE IN DEED BOOK 948 AT PAGE 1760. MANNING & ROSS, LLC SUSEOUENTLY AMENDED ITS NAME TO MANNING & ROSS DEVELOPERS, LLC BY CERTIFICATE DULY ISSUED FROM THE STATE CORPORATION COMMISSION DATED JANUARY 11, 2001. RICHARD A. EDENS, L.S. PARENT TAX PARCEL IDENTIFICATION fr) T.M. 65-(A) -39 51.9598 ACRES ZONE.' RP USE: VACANT ir) T.M. 65- (Af)-39A 15.7168 ACRES ZONE: RP USE: VACANT FINAL SUBDIVISION PLA% SOVEREIGN VILLAGE Q�RED BUD MAGISTERIAL oTIDN _ F EDERICKK COUNTY, VIRGINIA aSCALE: e N/A DATE: MARCH 4, 2004GREENWAY ENGINEERING151 WINDY HILL LANEEngineers ER, VA. Surveyors TELEPHONE 62280185 FAX: (540) 722-9529 Foasreded xn 1971 www.greenwayeng.com 2185 SHEET 1 OF 11 PROFFER STATEMENT. A MONETARY CONTRIBUTION IN THE AMOUNT OF $3, 658.7J PER LOT SHALL BE PAID TO THE TREASURER OF FREDERICK COUNTY PRIOR TO THE ISSUANCE OF THE INITIAL BUILDING PERMIT FOR EACH LOT PER THE APPROVED PROFFER STATEMENT. I' KEY MAP1 I" = 200' , �z "O -� RESIDUE OF TM 65-((A))-39 o OTHER LAND OF I r, MANNING & ROSS DEVELOPERS, LLC , O h i o ZONE: RP, USE: VACANT ti,1 i INST. NO. 010016J81 /Q I c z o; 26 25 W ig^ O$ SHEET B I 2 1 4 $ I OUTLOT A N 2 0 24 SSHEFEF 3 SHEET 9 i 41 n�j RESIDUE OF \ 5 SHEET'4 i z TN 65-((A))-39A / OTHER LAND OF 17 < r 6 7 r N#W k BOSS OROP£RS LLC / FUTURE SECTION J-e NNNEEE S— /' ZONE.- RP, USE ✓ACANT 16 / 9 i rr DB 948 PG 1760 15 / ` SHEET 5 / 7-7 , 14`r 1 -N / r 13 SHEET 6 1012 ourLOT e SHEET 10 SplSa4y ,�--L wo 200 0 200 GRAPHIC SCALE (IN FEET) FINAL SUBDIVISION PLAT SOVEREIGN VILLAGE o���NLTH OF`f�f' SECT/ON 3 — A f� RED BUD MAGISTERIAL DISTRICT - FREDERICK COUNTY, VIRGINIA RICHARD A. EDENS a SCALE: l" = 200' 1 DATE: MARCH 4, 2004 No.002550 GREENWAY ENGINEERING 151 WINDY HILL LANE Engineers WINCHESTER, VA. 22602 Surveyors TELEPHONE: (540) 662-4185 FAX: (540) 722-9528 Founded in 1971 www.greenwayeng.corn 2185 SHEET 2 OF 11 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 May 25, 2007 Mr. Ernest S. Holzworth L.S. Greenway Engineering 151 Windy Hill Lane Winchester. VA 22602 RE: Channing Drive Boundary Line Adjustment and Right -of -Way Dedication Plat Dear Mr. Holzworth: I have had an opportunity to review the above -referenced plat received by this office on Mav18.2007. Please address the following comments: 1. Need to include the zoning of the properties per Rezoning 415-99. 2. Need to remove Sovereign Village Section 3-A and Section 4, from the plat as these sections have not been approved. 3. Need to remove Lynnehaven Section 3, Phase 1, from the plat as this section has not been approved. 4. Provide letters from U.S. Army Corps of Engineers on wetlands and flood plain disturbance. 5. An appropriate construction guarantee must be in place prior to approval. If you have any questions. please call me at (540) 665-5651. Sincerely. Mark R. Cheran Zoning & Subdivision Administrator MRC/dlw 107 North Kent Street. Suite 202 • Winchester, Virginia 22601-5000 Cl) z Z z Q 2 U w C7 co m N N O O i M O Z Z z LU to H a Z O FQ U LU C I- 5 a w or: d 0 a+ c c U w C7 cc v w c 11I •, •� ,/r a .•i= /I �•i a 1 1\ta ��•� it — are ♦ •ram .`.•�,, �Irlrlh•a:�� ..;.•..;. �: r� It%fJ °i.%/'//i/.��1//II Illllf+ : v� •. /\�Itrir� r � tvU • 1 ! I I' 1 I 1 :I f• •I I♦ 1/ 1 'I• I 1 I I 1 I I' I I' 1 1 I• 1 II I I•J I I / / . I I I •• •/ •I- I / I I / I / J /• J • / I-J J I I / :1/ I / 1 I III 1 •I' I I I / f / -I I /• - I f f I / II ♦ I•I I I • I II . I I• I / I I I • •+ 1 1' • /• 1• II ' • r • •I tt e x f a Ln Ln N O C) 0 0 co m Ln u z z z a 5 a z O 0 w 0 w CL a w O OWNER'S CERTIFICATE THIS RIGHT OF WAY DEDICATION OF THE LANDS OF OR DEVELOPMENT, LYNNEHAVEN L.C., AND MANNING & ROSS L.L.C. AS APPEARS ON THE ACCOMPANYING PLATS, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS, AND TRUSTEES IF ANY. COMMONWEALTH OF VIRGINIA CITY / COUNTY OF TO W1T.- THE FOREGOING OWNER'S CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS DAY OF 2007 BY MY COMMISSION EXPIRES NOTARY PUBLIC COMMONWEALTH OF VIRGINIA CITY / COUNTY OF TO WIT.• THE FOREGOING OWNER'S CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS DAY OF 2007 BY MY COMMISSION EXPIRES NOTARY PUBLIC COMMONWEALTH OF WRGINIA CITY / COUNTY OF TO WIT.• THE FOREGOING OWNER'S CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS DAY OF 2007 BY MY COMMISSION EXPIRES NOTARY PUBLIC COMMONWEALTH OF ORGINIA CITY / COUNTY OF TO WIT THE FOREGOING OWNERS CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS DAY OF 2007 BY MY COMMISSION EXPIRES NOTARY PUBLIC FINAL PLAT FOR BOUNDARY LINE ADJUSTMENT AND RIGHT-OF-WAY DEDICATION OF TH pF Dj CHANN/NG DRW RT j ir ", RED BUD MAGISTERIAL D�TRICT FREDER/CK COUNTY WRGINM U ERNEST S. HOLZWTH No.001837 SCALE.- NIA DATE.- MAY 18, 2007 GREENWAY ENGINEERING 151 Windy Hill Lane Engineers Winchester, Virginia 22602 tq� �O¢ Survn,ors Telephone: (540) 662-4185 S[ WC—j� FAX- (540) 722-9528 2185GE SHEET 2 OF 1 1 F d, to 1571 wuw.greenwayvng.com ARS4 TABULATION 55—((A))-208 EXISTING PARCEL 208 = 4.5485 ACRES LESS PORTION OF PARCEL 208 ADDED TO 39 0.1023 ACRES LESS R/W DEDICATION (CHANNING DR.) _—1.1849 ACRES RESIDUE PARCEL 205 = 3.2613 ACRES 55—((A))-206 EXISTING PARCEL 206 = 45.9772 ACRES LESS PORTION OF PARCEL 206 ADDED TO 39 =—0.0059 ACRES LESS R/W DEDICATION (CHANNING DR.) _—1.5332 ACRES RESIDUE PARCEL 206 = 44.4381 ACRES TM—((A))-39 EXISTING PARCEL 39 = 39.6119 ACRES PLUS PORTION OF PARCEL 206 ADDED TO 39 = f0.0059 ACRES PLUS PORTION OF PARCEL 208 ADDED TO 39 = +0. 1023 ACRES LESS R/W DEDICATION (CHANNING DR.) _ —0.6983 ACRES RESIDUE PARCEL 39 = 39.0218 ACRES CHANNING DRIVE DEDICATION DEDICATED FROM PARCEL 208 = 7.1849 ACRES DEDICATED FROM PARCEL 206 = 1.5332 ACRES DEDICATED FROM PARCEL 39 = 0.6983 ACRES TOTAL AREA = J 4164 ACRES LEGEND BRL = BUILDING RESTRICTION LINE DRAINAGE EASEMENT HEREBY DEDICATED • = POINT (UNMONUMENT£D) 0 = 1/2- IRON REBAR & CAP SET (UNLESS OTHERWISE NOTED) WATER EASEMENT C/L = CENTERLINE HEREBY DEDICATED R/W = RIGHT OF WAY SANITARY SEWER EASEMENT HEREBY DEDICATED NOTES 1, NO TITLE REPORT FURNISHED. EASEMENTS OTHER THAN SHOWN MAY EXIST 2. THE PROPERTY SHOWN HERON LIES ENTIRLY WfTHIN ZONE C, AREAS OF MLNIMAL FLOODING, PER FEMA F.I.R.M. COMMUNITY —PANEL j 510063 0120 B, DATED JULY 17, 1978. J. THIS BOUNDARY IS BASED ON A CURRENT FIELD SURVEY BY THIS FIRM. 4. THE SOURCE OR MERIDIAN FOR THE BOUNDARY SHOWN HEREON IS RECORDED AT INSTRUMENT No. 030007982 AMONG THE LAND RECORDS OF FREDERICK COUNTY, ORGINA. 5. AREA TABULATIONS FOR THIS PLAT ARE BASED ON RESIDUES RESULTING AFTER THE DEDICATION OF CHANNING DRIVE PART 2, LYNNEHAVEN SECTION 3 — PHASE 1 AND SOVEREIGN VILLAGE SECTION 4. FINAL PLAT FOR BOUNDARY LINE ADJUSTMENT AND RIGHT-OF-WAY DEDICATION OF CHANNING DRIVE PART 3� RED BUD MAGISTERIAL DISTRICT, FR DERICK COUNTY WRGINIA TH r e SCALE• N A DATE.• MAY 18, 2007GREENWAY ENGINEERINGIch Windy rgi!! Lane Engineers Winchester, lrrginia 22602 Sunvyors Telephone: (540) 662-4185 FAX- (540) 722-9528 I Found in 1971 Kww.greenwayeng.com 2185GE SHEET 3 OF 11 KEY MAP Tu 55—((A))-181 ARG4DIA DEYELOPAlENi CC —STONE SECT]N—ON 0 ZONE. RP, USE: VACANT ZONE: RP, USE. RES. INSTJ 020004815 lNSTf 040005697 l 55—((A))-209 TOLL VA N, LP. A ZONE. RP, USE- VACANT INSTJ 040015217 TM 55-((A))-206 "+ o LYNNEHAVEN L.C. ~ 4 DB 843, PG 415 & OR DEVELOPMENT, L.L.C. SOVEREIGN N ,� Q ^p SECTION 4 a INSTI 050007270 a ZONERPUSE RES. : O ZONE: RP, USE: VACANT , o � h W� vvaat \ G �O jg 1p�p0 LYNN N E1 LL.4GE SECTION 2-C Q-: N to SECTION 3 PHASE 1 ONE• RP USE RES. \ � ZONE: RP, USE. R � 1NST. 060004484 �u � � 2 i�Lper'J �% SO , SovERE10N ��c' VQQ p7 O YILUGE SECTION 3-A 70NE. RP, USE RES. L INST. f 04002312J SECTION 2-8 FE• RP, USE RES. 4 030021509 d• J030021202 SECTION 2-A ONE RP, USE. RES. INSTJ 030004670 SCC110N 1-PI JSE . ZONE: RP, USE RE. INST.f D20007579 W�cc Way n 4i y� v�a�Nry w Gaza S2�o oS2�og. Ni N°z SENSENY ROAD RT. 679 500 0 500 GRAPHIC SCALE (IN FEET) FINAL PLAT FOR BOUNDARY LINE ADJUSTMENT AND RIGHT—OF—WAY DEDICATION OF TH OF yI CHANNIINTG DRIVE , ( ) r� RED BUD MAGISTERIAL DISTRICT FREDERICK COUNTY VIRGINM U ERNEST S. HOLZWDRTH SCALE.- I' = 500' DATE: MAY 18, 2007 No.001837 GREENWAY ENGINEERING 151 Wendy Hill Lane lga Q4 Engineers Winchester, Virginia 22602 �IJ Surveyors Telephone: (540) 662-4185 FAX. (540) 722-9528 +Foundm www.greepiwayeng.com 21R57F SHEET 4 OF 11 MATCHLINE SHEET 6 SANITARY SEWER EASEMENT — — — — — — — — — — — _— � l I�Ijf \ I�f \ \ £Xl571NC SANITARY \ SEWER EASEMENT \\� INST /04001066�7 CALCULATED 1 Do- YEW / FLOOD LINE TM 55-((A))-206 LYNNDIAVEN, L.C. DB 84.i PG 415 do OR DEVELOPMENT, L.L.C. INST. / 050OD7270 ZONE. RP, USE. VACANT I 45.9772 AC (ORIGINAL AREA) ( 44.4381 AC (ADJUSTED AREA) N 41'12'13' W 80.00' \ Pam, NOTE.• SEE SHEET 11 FOR LINE, CURVE, AND EASEMENT TABLES. WATERLINE EASEMENT 55' STORM DRAINAGE EASEMENT CALCULATED 100-YEAR FLOOD LINE TM 65-((A))-39 MANNING k ROSS, LL.C. INST./ 010016381 ZONE RP, USE VACANT 39.6119 AC (ORIGINAL AREA) 39.0218 AC (ADJUSTED AREA) PORTIONS OF EXISTING SANITARY SEWER EASEMENTS (INST 1040010567) (08. 483 PG. 380) WITHIN RIGHT-OF-WAY i HEREBY VACATED is\\ .P WATERLINE \ \ EASEMENT \ \ \ i 12' EX. SANITARY r 1 i �I: EX. WATERLINE SEWER EASEMENT �_J 0 o EASEMENT INST/ 030007982 p INST./ 030007982 :ARMINGWN & N 100 0 100 EX, 50' R/k INST./ 030007982 W GRAPHICCALE FINAL PLAT FOR BOUNDARY LINE ADJUSTMENT AND RIGHT-OF-WAY DEDICATION OF CHANN/NG DRIVE PART ADERICK_CQUNTY RED BUD MAGISTERIAL D TRICT NRGINIA SCALE: 1 " = 100' 1 DATE. • MAY 16, 2007 GREENWAY ENGINEERING 151 Windy Full Lane Engineer's Winchester, Virginia 22602 Sun-evor Telephone: (540) 662-4185 FAX.- (540) 722-9526 o in 1971 wvvw.greenwayeng.com TH OF " U ERNEST S. H011WORTH 9 N0.001837 SHEET 5 w Ln N N L C rw MATS N4t 2 �I y MANNING & TY CROSS, LLC. TM 5s—((A))-208 1 INST.,1 010016381 OR DEVELOPMENT, LLC. ��{ } "� ZONE.- RP, USE.- VACANT INSTI 040005596 _ 39.6119 AC (ORIGINAL AREA) ZONE.' RP, USE. VACANT GS 39.0218 AC (ADJUSTED AREA) 4.5485 AC (ORIGINAL AREA) A 1 3.2613 AC (ADJUSTED AREA) I � ' f r Z FA Z 1 �9 �r 30STORM DRAINAGE SANITARY SEWER V EASEMENT EASEMENT j (93.19' E1-21 0.1023 AC. ADDED TO PARCEL 39 rv` � 41 40 3 CALCULATED 100—YEAR FLOOD LINE o � o. 0.0059 AC. ADDED TM 55—((A))-206 TO PARCEL 39 LYNNEHAVEN, L.C. jr 09 843, PG 415 & !J OR DEVELOPMENT, L.L.C. DEED LINES INST. i 050007270 1 HEREBY VACATED ZONE. • RP, USE. VACANT 45.9772 AC (ORIGINAL AREA) 44.4381 AC (ADJUSTED AREA) + i 12' WATERUNE EASEMENT i NOTE: SEE SHEET 11 FOR LINE, CURVE, ANDCASEMENT TABLES. MATCHLINE SHEET 5 100 0 100 GRAPHIC SCALE (IN FEET) FINAL PLAT FOR BOUNDARY LINE ADJUSTMENT AND RIGHT-OF-WAY DEDICATION OF TH pPyj CHANN/NG DR/ICE o� PART 3� RED BUD MAGISTER14L D TRICT FR DERICK COUNTY WRGINIA ERNEST S. NOLZWORTH SCALE. 1 " = 100' 1 DATE MAY 18, 2007 No.001837 GREENWAY ENGINEERING 151 Windy Hill Lane Engineers Wnchesrer, Vrginia 2260.2 �O Surveyors Telephone: (540) 662-4185 FAX: (540) 722-9526 Foundk in 1971 www.greenwayeng.com 2195GE SHEET 6 OF 1 1 j X w cc m v a c i I I I TM 55-((A))-206 LYNNEHA" LC. 1 OB 843, PG 415 Et OR DEVELOPMENT, L.L.C. J! INST. i 050007270 ZONE: RP, USE VACANT 45.9772 AC (ORIGINAL AREA) III 44.4381 AC (ADJUSTED AREA) f f I o �o� J a 1\ RE SOWRDM ML46C SECTION 4 j OUTLOT T' FUTURE C'� t / LYNNENAVEN \ OPEN SPACE 1 SECAON 3 P44_RE 1 LOT LOT 103 l02 LOT LOT 22 FUTURE WOODROW RD. FUTURE CATVYON LOT RD. LOT 101 ^ 100 I 1 NOTE: S££ ' '06' SHEET 11 FOR LINE, CURVE, S 51 1 E AND EASEMENT TABLES. a 8 o I \ . TM 65-((A))-39 �00, �l 12' WATERLINE ;f 40' EASEMENT MANNING & ROSS, LL.C. INST.I 01001081 ZONE. RP, USE. VACANT Qc I 39.6119 AC (ORIGINAL AREA) S 3'4f 52' W TM 55-({A))-108 O;c�' 208 241 39.0218 AC (ADJUSTED AREA) OR DEVELOPMENT, L L C. N vy I I _ . INST/ 040005596 ;� Z ,� I ZONE.- RP, USE VACANT Z CALCULATED 100-YEAR FLOOD LINE 4.5485 AC (ORIGINAL AREA) z j3.2613 AC (ADJUSTED AlEA) Z I 30' STORM U v EASEMENT DRQNAGE MATCHLINE SHEET 6 100 0 100 GRAPHIC SCALE (IN FEET) FINAL PLAT FOR BOUNDARY LINE ADJUSTMENT AND RIGHT-OF-WAY DEDICATION OF TH oFvf CHANNING DRIVE r PARTADERICK � � RED BUD MAGISTERIAL D'SMICT COUNTY VIRGINlA. HOLZW U ERHEST S. HOLZWORTN � No. S. SCALE.• I' = 100' DATE: MAY 16, 2007 GREENWAY ENGINEERING 151 Windy Hill Lane Engineer Winchester, Virginia 22602 rya � Q4 Sur>evor Telephone: (540) 662-418 FAX: (540) 722-9528 2785GE SHEET 7 OF 11 Foundk ir.1971 www.greenwayeng.corr. m MATCHLINE SHEET 9 r 1/ it JI � f I � 1 f � r / 1 �.,CULATED-YEAR roo-YEAR / FLOOD LINE TM 55—((A))-206 LYNNEHAVEN, L.C. /D8 943, PG 415 & / OR DEVELOPMENT LLC. INST. / 050007270 ZONE: RP, USE- VACANT / 45.9772 AC (ORIGINAL ARE4) 44.4381 AC (ADJUSTED AREA) I NOTE.• SEE SHEET 11 FOR LINE, 1 / CURVE, AND EASEMENT TABLES. 1 I 1 ml I CALCULATED z l c { 100—YEAR 1 FLOOD UN£ of TM 65—((A))-39 I \ MANNING & ROSS, L.L.C. 3 1NST./ 010016381 I ZONE: RP, USE. VACANT 39.6119 AC (ORIGINAL AREA) r 39.0218 AC (ADJUS7E0 AREA) I � � ^I x I I ll I� EC2 �1 I VI i 10, TRAIL EASEMENT ` N 41'12'13' W EL 13 4 80.00' �I 1 fo o £C 1 FARMINGTON BLVD. / N w 100 0 100 EX. 50" RIW INST./ 030007982 GRAPHICFEET) (INTT) FINAL FINAL PLAT FOR BOUNDARY LINE ADJUSTMENT AND RIGHT—OF—WAY DEDICATION OF CHANNING >>DRIVE BUD MAGISTERW DISTRICT FREDERICK COUNTY WRGINUI 1, = 100, DATE.- MAY 18, 2007 GREENWAY ENGINEERING u 151 W ndy Hill Lane Engineer: Winchester, Virginia 22602 o Sun�evors Telephone: (540) 662-4185 FAX (540) 722-9528 v Frn m J971 H v.greenr+ayeng.com fTH OF 4o�KNEST S. HOLZWORTH 5 No. o01837 21 Ob X AS GµLINE� Erg. ' N1 TM 55-((A))-208 OR DEVELOPMENT, L.L.C. INSTI 04OW5596 ti ZONE: RP, USE: VACANT 1 4.5485 AC (OR161ML AREA) J.261 J AC (ADJUSTED AREA) � 1 r 2 1 1 r 0 102J AC. ADDED `a 14 / TO PARCEL 39 1 TM 55-((A))-206 LYNNEHAVEN, LC. DB 843, PG 415 do OR DEVELOPMENT, L.L.C. INST. 1 050007270 ZONE.- RP, USE: VACANT �1 45.9772 AC (ORIGINAL AREA) 44.4361 AC (ADJUSTED AREA) MATCHLINE SHEET 8 son TM 65-((A))-39 AdANN1NG & ROSS, LLC. INST.1 010016381 ZONE. RP, USE VACANT J9.6119 AC (ORIGINAL AREA) J9.0218 AC (ADJUSTED AREA) EC4 1 - 10' TRAIL EASEIIIlENT - EL 15 1 —M 1 ! 3 CALCULATED 100-YEAR ! FLOOD LINE (� 0.0059 AC. ADDED 70 PARCEL 39 DEED UNES HEREBY VACATED I NOTE. • SEE SHEET 11 FOR UN& CURW- ANDEASEMENT TABLES too 0 100 GRAPHIC SCALE (IN FEET) FINAL PLAT FOR BOUNDARY LINE ADJUSTMENT AND RIGHT—OF—WAY DEDICATION OF TH of yj CHANN/NG DRIVECT o NRED BUD MAGISTERIAL DTRIFDERICK COUNTY VlRGlN(A SCALE; 1 = 100' DATE:' MAY 18, 2007 U ERNEST S. HOLZW 0RTH P' Nc.00l837 GREENWAY ENGINEERING 151 Windy Hill Lane Cqa, Q Engineers Winchester, Vrginia 22602 '!7 Sur+eHors Telephone: (546) 662-4185 FAX: (540) 722-9528 Fo in 1971 Hwwgreenwaveng.com 2185GE SHEET 9 OF 1 i t 'c ac U w c� N N v TM 55—((A))-206 I I LYNN£H4V£N, L.C. DB 843, PG 415 & OR DEVELOPMENT, L.L.C. INST. / 050007270 ZONE- RP, USE: VACANT 45.9772 AC (ORIGINAL AREA) 1y11 44.4381 AC (ADJUSTED AREA) I I J J UnW LmmEHAV£N SEC17ON 3 PHASE 1 LOT LOT 703 102 LOT 104 / � f71TUR£ WOODROW RD. LOT LOT 101 Tao I ! N FUTIJRE I � 1 SO SECS Y1ILAGE i �W OUROT T" O �I OPEN SPACE r Q L22 I fU1URE \ CANYON RD. S 51 NOTE. • SEE SHEET 11 FOR UNE, CURIE ,08' E 1 AND EASEMENT TABLES. � 7M 65—((A))-39 MANNING k ROSS, LL.C. ' (f0995) \ / N 6 40' INST./ 010016381 ZONE: RP, USE: VACANT v39.6119 AC (ORIGINUL AREA) j Ikf 55—((A))-208 O.0 . 252• W S 39.0218 AC (ADJUSTED AREA) lOR OEVELOPMEM, L.LC. JJ Z ^ CALCUU47FD 1NST/ 040005596 ZONE: RP, USE: VACANT ,r� � Z � � TR IL \ YEAR 14.5485 AC (ORlGMNL AREA) 2 Z EASEMENT FLOOD E '3.2613 AC (ADJUSTED AREA) ' 2 zQ f Q J6 U MATCHUNE SHEET 9 100 D 100 GRAPHIC SCALE (1N FEET) FINAL PLAT FOR BOUNDARY LINE ADJUSTMENT AND RIGHT—OF—WAY DEDICATION OF CHANNING DRIVE (PART 3� RED BUD MAGISTERIAL 0 TRICT FR ERICK COUNTY VIRGINLASCALE.• 1 = 100' DATE- MAY 18, 2007GREENWAY (r3t,-, ENGINEERING 1151 Windy Hill Lane Engineers Winchester, Ytrginia 22602 Surveyors Telephone: (540) 662-4185 FAX.- f540) 722-9528 Foundk in 1971 wwti,.greenwayeng.com 121E5GE SHEET 10 OF 1 1 2 c X CURE TABLE CURVE DELTA ANGLE RADIUS ARC LENGTH TANGENT CHORD BEARING CHORD LENGTH Cl 13' 18 52' 960, 00' 223.09' 112.05' N 5527' 13' E 222.59' C2 23'24 47" 960.00' 392.29' 198.92' N 50'24'16' E 389.57' C3 23'2447' 1500.00' 408.64' 207.2 1' S 50'24'16' W 405.80' C4 13' 18 52' 920.00' 213.79' 107.38' S 5527' 13' W 213.31 ' C5 13'1852' 1000.00' 232.38' 116.72' N 55'27'13' E 231.86' C6 23'2447" 920.00' 375.95 190.63' N 50-24'16' E 373.33' CEMENT LINE TABLE LINE BEARING DISTANCE EL 1 S 45' 17'31 " E 44.89' EL2 S 31' 18 20' E 19.37' EL3 N 71'l747' E 31.36' £L4 S 41'12'13" E 10.00' EL5 S 22'5446' W 27.49' EL6 N 41'12'13" W 10.00' EL7 S 48'4747" W 46.77' EL8 N 41'l2'13' W 21.81' EL9 N 49'5228" E 320.75' EL I 0 N 62'0 1'42' E 399, 78' EL 11 N 472553" E 184.62' EL 12 S 53'54'46' E 10.32' EL 13 N 48'47'01 " E 206.58' EL 14 N 64'49'05" E 7290' EL 15 N 51'08 35" E 52.03' EL 16 N 36'02' 16 " E 93.70' EASEMENT CURVE TABLE CURVE DELTA ANGLE RADIUS ARC LENGTH TANGENT CHORD BEARING CHORD LENGTH EC1 62'06'55' 17.00' 18.43' 70.24' N 79'5029' E 17.54' EC2 36*5126' 45,00' 28.95' 14.99' N 30'21'18' £ 28.45' EC3 IX40'31 ' 400.00' 95.47' 47.96' N 5758 50' E 95.25' EC4 15,06,18' 800.00' 210.91' 106.07' 1 N 43'35 26' E 210.30' FINAL PLAT FOR BOUNDARY LINE ADJUSTMENT AND RIGHT-OF-WAY DEDICATION OF CHANN/NG DRNE I SCALE: N/A ) DATE. MAY 18, 2007 1 GREENWAY ENGINEERING 151 Wndy Hill Lane Engineers Winchester, Virginia 22602 Survevor: Telephone: (540) 662-4185 FAX: (540) 722-9528 in 1971 www.greenwayeng.com TH OF Y� I r� ERNEST S. HOd"TH No. ool 837 2185GE SHEET 11 OF 11 x I COMMONWEALTH ®f VIRGI IAA DEPARTMENT OF ENVIRONMENTAL QUALITY VWP Permit No. 02-0710 Effective Date: September 25, 2002 Minor Modification Date: December 2, 2002 Expiration Date: September 24, 2007 VIRGINIA WATER PROTECTION PERMIT ISSUED PURSUANT TO THE STATE WATER CONTROL LAW AND SECTION 401 OF THE CLEAN WATER ACT Based upon an examination of the information submitted by the owner and in compliance with Section 401 of the Clean Water Act as amended (33 USC 1251 et seq.) and the State Water Control Law and regulations adopted pursuant thereto, the board has determined that there is reasonable assurance that the activity authorized by this permit, if conducted in accordance with the conditions set forth herein, will protect instream beneficial uses and will not violate applicable water quality standards. The board finds that the effect of the impact, together with other existing or proposed impacts to wetlands will not cause or contribute to a significant impairment to state waters or fish and wildlife resources. Permittee: Manning and Ross Developers, LLC Ricketts Construction Company, Inc. Address: PO Box 27 36 Ricketts Drive Winchester, VA 22604 Winchester, VA 22601 Activity Location: Located on the north side of Senseny Road west of Winchester in Frederick County. Activity Description: 221 acres of property are to be developed for residential, com-nercial, and retail purposes. Proposed activities will fill no more than 0.015 acre of Palustrine Forested (PFO) wetlands, 0.99 acre of Palustrine Emergent (PEM) wetlands, 0.31 acre Palustrine Open Water (POW), 0.15 acre of Palustrine Scrub Shrub (PSS), 0.65 acre of a combination of PEM/PSS, and the fill and/or relocation of no more than 2,290 linear feet of stream channel. The permitted activity shall be in accordance with this cover page, Part I - Special Conditions, and Part II - General Conditions. of Environmental Quality Date VWP Permit No. 02-0710 .Fart I - Special Conditions Page 6 of 8 Compensation 13. Documentation that the USACE has received the in -lieu fund contribution shall be submitted to DEQ-Valley Regional Office two weeks prior to the occurrence of any impacts authorized under this permit. All work shall cease if this documentation has not been submitted by'the permittee. E. Road Crossings 1. Access roads shall be constructed to minimize the adverse effects on surface waters to the maximum extent practicable and to follow as near as possible pre -construction contours and elevations. Access roads constructed above pre -construction contours and elevations in surface waters shall be properly bridged or culverted to maintain surface flows. 2. At crossings of perennial streams, pipes and culverts shall be countersunk a minimum of six inches to provide for the re-establishment of a natural stream bottom and to maintain a low flow channel. For multiple -celled culverts, only those cells situated within the limits of ordinary high water shall be countersunk. Countersinking is not required for existing pipes or culverts that are being maintained or extended. 3. Installation of pipes and road crossings shall occur in the dry via the implementation of cofferdams, sheetpiling, stream diversions or other similar structures. 4. All surface waters temporarily affected by a road crossing shall be restored to their original elevations immediately following the construction of that particular crossing. 5. If stream channelization or relocation is required, all work in surface waters shall be done in the dry, unless authorized by this permit, and all flows shall be diverted around the channelization or relocation area until the new channel is stabilized. This work shall be accomplished by leaving a plug at the inlet and outlet ends of the new channel during excavation. Once the new channel has been stabilized, flow shall be routed into the new channel by first removing the downstream plug and then the upstream plug. The new stream channel shall be constructed following the typical sections submitted with the application. A low flow channel shall be constructed within the channelized or relocated area. The centerline of the low flow channel shall meander, to the extent possible, to mimic natural stream morphology. The rerouted stream flow shall be fully established before construction activities in the old streambed can begin. 6. Stream bottom elevations at road crossings shall be measured at the inlet and outlet of the proposed structure and recorded prior to construction and within one week after the completion of construction to ensure that the design elevations were met. F. Stream Modification and Streambank Protection 1. If stream channelization or relocation is required, all work in surface waters shall be done in the dry, unless authorized by this permit, and all flows shall be diverted around the channelization or relocation area until the new channel is stabilized. This work shall be accomplished by leaving a plug at the inlet and outlet ends of the new channel during excavation. Once the new channel has been stabilized, flow shall be routed into the new channel by first removing the downstream r VAT Permit No. 02-0710 !'art I - Special Conditions Page 7 of 8 plug and then the upstream plug. The new stream channel shall be constructed following the typical sections submitted with the application. A low flow channel shall be constructed within the channelized or relocated area. The centerline of the low flow channel shall meander, to the extent possible, to mimic natural stream morphology. The rerouted stream flow shall be fully established before construction activities in the old streambed can begin. 2. Redistribution of existing stream substrate for erosion control purposes is prohibited. 3. All material removed from the stream substrate shall not be disposed of in surface waters. 4. Rpprap bank stabilization shall be of an appropriate size and design in accordance with the Virginia Erosion and Sediment Control Handbook, Third Edition, 1992. 5. Rpprap apron for all outf lls shall be designed in accordance with Virginia Erosion and Sediment Control Handbook, Third Edition, 1992. 6. For streambank protection activities, structures and backfill shall be placed as close to the streambank as practical. No material shall be placed in excess of the minimum necessary for erosion protection. 7. All streambank protection structures shall be located to eliminate or minimize impacts to vegetated wetlands to the maximum extent practical. 8. Asphalt and materials containing asphalt or other toxic substances shall not be used in the construction of submerged sills or breakwaters. G. Stormwater Management Facilities 1. Stormwater management facilities shall be designed in accordance with best management practices and watershed protection techniques (as per the Dept. of Conservation and Recreation's Stormwater Management Handbook, First Edition, 1999), such as vegetated buffers, siting considerations to minimize adverse effects to aquatic resources, bioengineering methods incorporated into the facility design to benefit water quality, and minimize adverse effects to aquatic resources, that provide for long-term aquatic resources protection and enhancement, to the maximum extent practicable. 2. The outfall and overflow structure shall be constructed and maintained to prevent downstream sediment deposition, erosion, or scour that may be associated with normal flow and any expected storm flows. Construction shall include the use of an appropriately sized riprap outlet protection apron at the outfall site. 3. Maintenance excavation shall follow the approved maintenance plan authorized by this permit, and shall not exceed the original contours of the facility. A complete storm water facility management plan shall be submitted to the DEQ-Valley Regional Office for each storm water management facility authorized by the permit. Maintenance excavation shall follow the approved maintenance plan, and shall not exceed the original contours of the facility as constructed. COMMONWEALTH ®f VIRGINIA. DEPARTMENT OF ENVIRONMENTAL QUALITY Valley Regional Office W. Tayloe Murphy, Jr. Street address: 4411 Early Road, Harrisonburg, Virginia 22801 Secretary of Natural Resources Mailing address: P.O. Box 3000, Harrisonburg, Virginia 22801-9519 Telephone(540)574-7800 Fax(540)574-7878 www.deq.state.va.us December 2, 2002 Mr. Mark Smith Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 RE: VWP Individual Permit Number 02-0710 Channing Drive Development, Frederick County, Virginia Final VWP Individual Permit - Modification Dear Mr. Smith: Robert G. Burnley Director R. Bradley Chewning, P.E. Valley Regional Director Pursuant to the Virginia Water Protection (VWP) Permit Program Regulation 9 VAC 25-210-10 and § 401 of the Clean Water Act Amendments of 1977, Public Law 95-217, the Department of Environmental Quality (DEQ) has granted a Minor Modification of the VWP individual permit for the Channing Drive Development project. The proposed project results in the permanent impact of approximately 0.99 acre of palustrine, emergent wetlands (PEM), 0.015 acre of palustrine, forested wetlands (PFO), 0.31 acre palustrine, open water, 0.15 acre of palustrine, scrub shrub (PSS), 0.065 acre of a combination of PEM/PSS and 2,290 linear feet of headwaters of an unnamed tributary to Opequon Creek in Frederick County, Virginia. The minor modification entailed chap-inc, the time frame of the moretaw—j contribution. submittal to coincide with when the Army Corps of Engineers provides the calculated contribution amount. Please submit to this office the documentation that the USACE has received the in -lieu fund contribution at least two weeks prior to the occurrence of any impacts authorized under this permit. The provisions and conditions contained therein according to § 401(a)(1) of the Clean Water Act require that: "Any applicant for a Federal license or permit to conduct any activity including, but not limited to, the construction or operation of facilities, which may result in any discharge in the navigable waters, shall provide the licensing or permitting agency a certification from the State in which the discharge originates or will originate, or, if appropriate, from the interstate water pollution control agency having jurisdiction over the navigable waters at the point where the discharge originates or will originate, that any such discharge will comply with the applicable provisions of sections 301, 302, 303, 306, and 307 of this Act." Mr. Mark Smith Page 2 of 2 This permit is valid for five years from the date of issuance. Re -issuance of the permit may be necessary if any portion of the authorized activities or any permit requirement (including compensatory mitigation provisions) have not been completed. The permit term, including any extensions, cannot exceed 15 years. The extension may be requested through written notification to the Department of Environmental Quality - Valley Regional Office, provided that there are no changes in the authorized activities. As provided by Rule 2A:2 of the Supreme Court of Virginia, you have 30 calendar days from the date of service (the date you actually received this decision or the date it was mailed to you, whichever occurred first) within which to appeal this decision by filing a notice of appeal in accordance with the Rules of the Supreme Court of Virginia with the Director, Department of Environmental Quality. in the event that this decision is served on you by mail, three days are added to that period. Refer to Part 2A of the Rules of the Supreme Court of Virginia for additional requirements governing appeals from administrative agencies. Alternatively, any owner under §§62.1-44.16, 62.1-44.17, and 62.1-44.19 of the State Water Control Law aggrieved by any action the board has taken without a formal hearing, or by inaction of the board, may demand in writing a formal hearing of such owner's grievance, provided a petition requesting such hearing is filed with the board. Said petition must meet the requirements set forth in § 1.23(b) of the board's Procedural Rule Number 1 (9 VAC 25-230-10 et seq. of the Virginia Administrative Code). In cases involving actions of the board, such petition must be filed within 30 calendar days after notice of such action is sent to such owner by certified mail. Please replace the previous pages sent to you with the enclosed pages. If you have any questions, please contact Norma C. Job at ncjob@deq.state.va.us or at (540) 574-7802. Sincerely, La _ M. Simmons, P.E. Deputy Regional Director Enclosures: Permit Cover Page, Part I - Special Conditions, Part II - General Conditions cc: Ron Stouffer, U.S. Army Corps of Engineers, Northern VA Field Office John Magistro, Engineering Consulting Services, LTD Greg Bancroft, Manning and Ross Developers, LLC John Scully, Ricketts Construction Company, Inc. VWP permit file DEPARTMENT OF THE ARMY .`� • NORFOLK DISTRICT, CORPS OF ENGINEERS FORT NORFOLK, 803 FRONT STREET NORFOLK. VIRGINIA 23510-1096 REPLY TO ATTENTION OF: February 26, 2003 Northern Virginia Regulatory Section 02-VO710-40 (Opequon Creek tributaries) Mr. John Magistro Engineering Consulting Services Ltd. 14026 Thunderbolt Place, Suite 100 Chantilly, VA 20151 Dear Mr. Magistro: Enclosed is a Department of the Army permit authorizing Manning and Ross Developers LLC and Ricketts Construction Company Inc. to perform certain work in waters of the United States as described in the subject permit. Please note that work cannot begin until a Section 401 Water Quality Certificate/Virginia Water Protection Permit or a waiver has been obtained. All the conditions in the 401 certificate/Water Protection Permit automatically are conditions of the Department of the Army Permit. If any material change in necessary, revised plans must before any work is begun. the plan of the work is found be submitted for our approval Please contact Mr. Ron Stouffer at 703-221-6967 if you have any questions. Sincerely, ZBruce F. Williams Chief, Northern Virginia Regulatory Section Enclosure _ DEPARTMENT OF THE ARMY NORFOLK DISTRICT, CORPS OF ENGINEERS FORT NORFOLK, 603 FRONT STREET NORFOLK, VIRGINIA 23510-1096 REPLY TO ATTENTION OF: December 24, 2002 Northern Virginia Regulatory Section 02-VO710-40 (Opequon Creek tributaries) Mr. John Magistro Engineering Consulting Services Ltd. 14026 Thunderbolt Place, Suite 100 Chantilly, VA 20151 Dear Mr. Magistro: Enclosed is a Department of the Army permit authorizing certain work in waters of the United States. Both copies must be signed by the applicants, Manning and Ross Developers LLC and Ricketts Construction Company Inc., in the space provided for the permittees' signature and returned to Mr. Ron Stouffer at U.S. Army Corps of Engineers, Norfolk District, Northern Virginia Field Office, 18139 Triangle Plaza, Suite 213, Dumfries, VA 22026. Upon receipt, the District Engineer or his authorized representative will sign both copies and return an original to you. The permit is not valid until signed by.all parties. Please take note of project specific, special and general conditions incorporated in this permit. Enclosed is a compliance certification form, which must be signed and returned within 30 days of completion of the project, including any required mitigation. Your signature on this form certifies that you have completed the work in accordance with the permit terms and conditions. Please note that you cannot begin work until you have obtained a Section 401 Water Quality Certificate/Virginia Water Protection Permit or a waiver. All the conditions in the 401 certificate/Water Protection Permit automatically are conditions of your Department of the Army Permit. If any material change in the plan of the work is found necessary, revised.plans must be submitted for our approval before any work is begun. If you have any questions, you may call Mr. Ron Stouffer at 703-221-6967. Sincerely, 1 Bruce F. Williams Chief, Northern Virginia Regulatory Section Enclosures 11 11 U.S. Army Corps Of Engineers Norfolk District DEPARTMENT OF THE ARMY PERMIT Permittees: Manning and Ross Developers LLC Ricketts Construction Company Inc. Permit No.: 02-VO710-40 Issuing Office: Norfolk District, Corps of Engineers Fort Norfolk, 803 Front Street Norfolk, Virginia 23510-1096 Note: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term "this office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted activity or the appropriate official of that office acting under the authority of the commanding officer. You are authorized to perform work in accordance with the terms and conditions specified below pursuant to: ( ) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403). ( X ) Section.404 of the Clean Water Act (33 U.S.C. 1344). ( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413). Project Description: You are authorized to discharge fill material into waters of the United States associated with the continuing development of the subject tracts. The project is called Channing Drive Development project that includes the Sovereign Village project, the Lynnehaven project and the Fu-Shep property. Approximately 2.12 acres of jurisdictional areas, comprised of 0.015 acre palustrine forested wetlands, 0.8 acre palustrine scrub/shrub wetlands, 0.99 acres palustrine emergent wetland, 0.31 acre palustrine open water, 1140 linear feet of perennial stream and 1150 linear feet of intermittent stream, will be impacted by the proposed work. Mitigation will be provided by the contribution of $149,776 for wetland impacts and $251,900 for stream impacts to the Virginia Wetlands Restoration Trust Fund. Project Location: The project is located on an approximately 349-acre parcel adjacent to Senseny Road, north of its intersection with Beans Pond Lane, east of Winchester in Frederick County, Virginia. The work will occur in tributaries to Opequon Creek. Project Specific Conditions: 1. Prior to the commencement of any work authorized by this permit, you shall advise Mr. Ron Stouffer in writing at Norfolk District, Corps of Engineers, Northern Virginia Field Office at 18139 Triangle Plaza, Suite 213, Dumfries, VA 22026 of the time the authorized activity will commence and the name and telephone number of all contractors or other persons performing the work. A copy of this permit and drawings must be provided to the contractor and made available to any regulatory representative during an inspection of the project site. I 2 3. 4 The time limit for completing the work authorized ends on December 24, 2007. If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached. Should you be unable to complete the authorized activity in the time limit provided, you must submit your request for a time extension to this office for consideration at least one month before the permit expiration date. The work, including the mitigation, will be performed in accordance with the Joint Permit Application for Channing Drive Development Project dated April 11, 2002 and supplemental information dated May 22; 2002.. Proof of contribution of $149,776 for wetland impacts and $251,900 for stream impacts to the Virginia Wetlands Restoration Trust Fund will be provided prior to an additional work in jurisdictional areas. Enclosed is a "compliance certification" form, which must be signed and returned within 30 days of completion of the project, including any required mitigation. Your signature on this form certifies that you have completed. the work in accordance with the permit terms and conditions. Special Conditions: All project specific conditions listed above are special conditions of this permit. 1. No discharge of dredged or fill material may consist of unsuitable material (e.g.: trash, debris, car bodies, asphalt etc.) and material discharged must be free from toxic pollutants in toxic amounts (see Section 307 of the Clean Water Act). 2. Any temporary fills must be removed in their entirety and the affected areas returned to their preexisting elevation. 3. Appropriate erosion and siltation controls must be used and maintained in effective operating condition during construction, and all exposed soil and other fills, as well as any work below the ordinary high water mark or high tide line, must be permanently stabilized at the earliest practicable date. 4. The construction or work authorized by this permit will be conducted in a manner so as to minimize any degradation of water quality and/or damage to aquatic life. Also, you will employ measures to prevent or control spills of fuels or lubricants from entering the waterway. 5..Any heavy equipment working in wetlands must be placed on mats or other measures must be taken to minimize soil disturbance. 6. Failure to comply with the terms and conditions of this permit can result in enforcement actions against the permittee and/or contractor. 7: In granting an authorization pursuant to this permit, the Norfolk District has relied on the information and data provided by the permittee. If, subsequent to notification by the Corps that a project qualifies for this permit, such information and data prove to be materially false or materially incomplete, the authorization may be suspended or revoked, in whole or in part, and/or the Government may institute appropriate legal proceedings. 8. All filling will be done so as to minimize disturbance of the bottom or turbidity increases in the water that tend to degrade water quality and damage aquatic life. General Conditions: 1. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are.not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Conditions 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area. 2. If you discover any previously unknown historic .or archaeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 3. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space.provided and forward a copy of the permit to this office to validate the transfer of this authorization. 4. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. 5. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit. 6. The permittee understands and agrees that if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in.the opinion of the Secretary of the Army of his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable.waters, the permittee will be required upon due notice from the Corps of Engineers to remove, relocate, or alter the structural work or obstructions caused thereby without expense to the United States. No claim shall be made against the Untied States on account of any such removal or alternation. Further Information: 1. Limits of this authorization: a. This permit does not obviate the need to obtain other Federal, state or local authorizations required by law. b. This permit does not grant any property rights or exclusive privileges. c. This permit does not authorize any injury to the property or rights of others. d. This permit does not authorize interference with any existing or proposed Federal projects. 2.Limits of Federal Liability: In issuing this permit, the Federal Government does not assume any liability for the following: a. Damages to the permitted project or uses thereof as a result of other . permitted or unpermitted activities or from natural causes. b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized.by this permit. d. Design or construction deficiencies associated with the permitted work. e. Damage claims associated with any future modification, suspension, or revocation of this permit. 3. Reliance on Applicant'.s Data. The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided. 4. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following: a. You fail to comply with the terms and conditions of this permit. b. The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (See 3 above). c. Significant new information surfaces which this office did not consider in reaching the original public interest decision. Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The.referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost. 5. Extensions. General condition 1 establishes a time limit for the completion of the activity authorized by this permit. Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the Corps will normally give favorable consideration to a request for an extension of this time limit. Your signature below, as a permittee, indicates that you accept and agree to comply with the terms and conditions of this permit. i Mr Gr g T3aiecroft Mr. John Scully Ma King and Ross Developers LLC cketts Construction Company Inc. 2 0 - 67 (Date) (Date) ,?&. 0 This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below. G�Bruce F. Will ms Chief, Northern Virginia Regulatory Section 2G 46 Z-o3 (Date) -----Original Message ----- From: Funkhouser, Rhonda [mailto: Rhonda. Funkhouser@VDOT.Virginia.gov] On Behalf Of Ingram, Lloyd Sent: Monday, April 14, 2008 9:46 AM To: Eric Lawrence Cc: Ingram, Lloyd Subject: Channing Drive (Between Farmington & Canyon)Thu 4/10/2008 3:17 PM Per your request. We still have not received a report from District Bridge (last punchlist item below). The following are the punchlist results of a review of the work performed by William Hazel, Inc.: • End of sidewalks need to be wedged. • Remove dirt bag north of culvert (triple) on east side. • Mark EW-12's flush with bank and screened throughout. • Remove big loose rocks along west side throughout. • Replace or repair silt fence on east side. • Pick up trash throughout. • Need 80% germination throughout. • East side ditch needs riprap to stabilize fabric south of culvert. • Triple culvert was reviewed by VDOT District Bridge and we are awaiting a report from them. Should you have any questions, do not hesitate to give me a call. Lloyd A. Ingram, Transportation Engineer Virginia Department of Transportation Edinburg Residency — Land Development 14031 Old Valley Pike Edinburg, Virginia 22824 Phone #(540) 984-5611 Fax #(540) 984-5607 COUNTY of FREDERICK Department of Planning and Development 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Telephone: 540/665-5651 FAX:540/665-6395 FAX TRANSMISSION TO: M ;KsL �ar�yl l COMPANY: FAX #: n03 1-18 Remarks: Date: S [!�b:jQrl�. Number of Pages (including cover sheet) Z From the desk of: CYi'c Lu wrt oc-e 0 0 P. 1 Immediate TX Result Report ( May.28. 2008 1:11PM) Fax Header) file Date Time Destination Mode TXtime Page Result User Name No. ---------------------------------------------------------------------------------------------------- May.28. 1:11PM 9170337876230071826 03TES 0'20" P. 2 OK 7901 # Batch M Memory L Send later @ . Forwarding E ECM S Standard D Detail F Fine Reduction * LAN —Fax t Delivery O RX Notice Req. A RX Notice lG� �` M CMlk COUNTY (RIERICK w ;e. Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 me September 8, 2004 Stephen Collins, Jr. P.E. Project Engineer Eastern States Engineering, Inc. PO Box 651208 Sterling, Virginia 20165-1208 RE: Channing Drive 9 & 10 - Final Master Development Plan Dear Stephen: I am in receipt of the above referenced plan, five copies of which were submitted to the planning department on September 2, 2004 for approval. In reviewing the submitted plan, it is not consistent with the plan previously submitted to the department on August 9, 2004, and which the Board of Supervisors reviewed and for which staff was granted administrative approval authority during the Board's August 12`h meeting. The plan which the Board of Supervisors has reviewed and granted staff with administrative approval authority was signed by the property owner on August 9, 2004, and received by the planning department that same day. Please re -submit five copies of this August 9, 2004 plan for approval Please cgptact me with questions. Sincetely, i C Er' R. Lawrence, AICP Planning Director ERL/bad Attachments cc: Lawrence Ambrogi, County Attorney R. Riley, Jr., County Administrator 107 North Kent Street - Winchester, Virginia 22601-5000 MASTER DEVELOPMENT PLAN (MDP) #05-04 CHANNING DRIVE: PHASES 9 & 10 Fu-Shep Property Staff Report for the Board of Supervisors Prepared: August 4, 2004 Staff Contact: Eric Lawrence, Director This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist in the review of this application. It may also be useful to others interested in this zoning matter. Reviewed Action, Planning Commission: 05/19/04 Forward with comments Board of Supervisors: 05/26/04 Denied application based on failure to satisfy ordinance requirements Board of Supervisors: 07/14/04 Denied application based on failure to satisfy ordinance requirements Board of Supervisors: 08/11/04 Pending LOCATION: This property is located at the northern terminus of Morning Glory Drive (Route 1400), approximately 2,300 feet north of the intersection of Morning Glory Drive (Route 1400) and Senseny Road (Route 657). The property is also accessible via Canyon Road. MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBERS: 55-A-209, 55-A-211, 55-A-213, & 65-A740' PROPERTY ZONING & PRESENT USE: Zoned: RP (Residential Performance) Use: Unimproved ZONING & PRESENT USE OF ADJOINING PROPERTIES: North Zoned: RA (Rural Areas) District South Zoned: RP (Residential Performance) District East Zoned: RA (Rural Areas) District West Zoned: RP (Residential Performance) District Use: Residential & Agricultural Use: Residential Use: Residential & Agricultural Use: Residential 1 The 3.8 acre parcel, identified by PIN 65-A-40, has been excluded from all calculations. This parcel has been identified on the MDP, because it is owned by Fu-Shep Farm Partnership, and is being utilized for a temporary construction access road. n 01 O n N IERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 September 27, 2004 Web Coshene Toll VA IV L.P. 21630 Ridgetop Circle, Suite 130 Dulles, Virginia 20166 RE: MASTER DEVELOPMENT PLAN #05-04 OF CHANNING DRIVE, PHASE 9 & 10 Property Identification Numbers (PINS): 55-A-209, 55-A-213, 65-A-40 Dear Mr. Coshene: The revised Channing Drive, Phase 9 & 10 Master Development Plan was administratively approved on September 22, 2004. This MDP provides for a total of 220 single family residential lots (149 single family small lots and 71 multiplex lots) on a 128.75 acre project site. A recreation center will be provided in conjunction with the 149 single family small lots, identified in Phase 9. This revision will enable the introduction of single family small and multiplex lots within this portion of the Channing Drive development. Attached are three copies of the approved Final Master Development Plan. Please conta t me with any questions regarding this approval. Sinc rely, Eric R. Lawrence, AICP Planning Director ERL/bad cc: -'gt-ephen Collins, ESE, 21630 Ridgetop Circle, Suite 130, Dulles, VA 20166 a Forrester, Red Bud Magisterial District Supervisor o m R. Riley, Jr., County Administrator em: Wiles S. DeHaven, Jr., Stonewall District Planning Commissioner /Vfarie Straub, Red Bud District Planning Commissioner icia Gochenour, Red Bud District Planning Commissioner 107 North Kent Street • Winchester, Virginia 22601-5000 MDP #05-04, Channing Drive: Phases 9 & 10 Page 2 August 4, 2004 PROPOSED USE: 220 total dwelling units consisting of 149 single-family small lots and 71 multiplexes REVIEW EVALUATIONS: Planning Staff Note: No "master developmentplan " agency review comments were submitted with this application upon initial receipt on April 29,2004. ReviewAgency Comments were received on May 18, 2004, and have been included for the Board of Supervisors meeting Department of Transportation: The preliminary master plan for this property appears to have significant measurable impact of Routes 867, Senseny Glen Road, and Route 1407, Canyon Road, the VDOT facilities which would provide access to the property. There appears to be no substantial change to the roadway design from the previously approved Master Development Plan. Therefore, VDOT approves the current submitted Master Plan. Due to the anticipated construction traffic on Senseny Glen Road and Canyon Road (subdivision roads not designed for heavy traffic), a significant surety bond will be required to cover potential damage to the roadway. It would be VDOT's preference to have any proffers from the rezoning relating to transportation issues noted on the master plan. 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. Department of Public Works: Based on our review of the subject master plan, we offer the following comments: 1. It will be necessary for the master plan to reflect all wetlands and provide the total amount of wetlands that have been mapped. The master plan should also reflect the total amount of wetlands to be disturbed. 2. It will be necessary to provide the locations and relative areas of all proposed stormwater management facilities. 3. You have indicated a road network for future Phase 10. Indicate on the plan the future use of the area located at the end of the proposed Chastin Court. The proposed road forms a "T" intersection but does not reflect a cul-de-sac. 4. The master plan shall indicate a construction entrance on Canyon Road in the Senseny Glen Subdivision rather than at the end of Morning Glory Drive in the Apple Ridge Subdivision. The Canyon Road location was previously identified on the approved master development plan. Once these comments have been addressed, submit two (2) copies of the revised master plan for our review. MDP 405-04, Channing Drive: Phases 9 & 10 Page 3 August 4, 2004 Fire and Rescue Department: The connection to Morning Glory Drive shall have a means for emergency vehicle access for fire hydrant and egress travel issues during the construction process. Water supplies for firefighting change from RP to MULTI-PLEX. Requirements may be found in County Ordinance and 90-4 and the VA Statewide Fire Prevention Code. Water supply for firefighting shall be available as soon as combustible materials arrive on site. Fire hydrants at intersections are preferable over ends of cul-de-sac. Fire hydrants must be within eight feet of the curbline. Additional comments may be necessary on the subdivision plan. Plan approval recommended. Department of Geographic Information Systems: The Frederick County Department of GIS has reviewed the requested road names for use in the Revised Channing Drive, Phase 9 MDP plan submitted on April 28, 2004, and has made the following determinations: 1. All road names as presented in the Revised Channing Drive, Phase 9 MDP plan sheets, dated April 2004 are APPROVED and RESERVED as presented. Canyon Road (extension) Morning Glory Drive (extension) Thompson Court Bentpath Court Heath Court Aulee Court Norfolk'Court 2. If you would like preliminary structure numbering so that you may place them on the subdivision plats ... you can email the GIS Department a digital plan to mlemastegeo.frederick.va.us and we'll return it to you with preliminary numbers annotated on the digital plan. 3. For future plan reference, when a double cul-de-sac such as Heath Court crosses over a major drive or roadway, it is much better for numbering and E-911 purposes if the opposing cul-de- sacs have separate names. Frederick County Public Schools: This letter is in response to your request for comments on the Revised Master Plan - Channing Drive Phase 9 & 10. Frederick County Public Schools has no additional comments at this time. Department of Parks and Recreation: Plan appears to meet open space requirements. Developer is required to provide one recreation area for every 30 units. Staff recommends that all trails be a minimum of 10' in width and be hard surfaced meeting this department's standards. Frederick -Winchester Service Authority: This office was furnished with a set ofplans for the above mentioned project. Upon review FWSA has one comment regarding the Master Development Plan Revision submitted. This item may be addressed in Phases 1 through 8 of Channing Drive. The Master Plan shows a number of utility connections to adjoining subdivisions. The primary 21 " sewer which is to run to a regional pumping station (off site) terminates within the project. Shouldn't this sewer continue upstream until it reaches upstream phases of Channing Drive? MDP #05-04, Channing Drive: Phases 9 & 10 Page 4 August 4, 2004 Frederick County Sanitation Authority: ls` review - Approved as noted - 6 items Planning & Zoning_ A) Master Development Plan Requirement A master development plan is required for most subdivisions and development of property in Frederick County. 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 at the northern terminus of Morning Glory Drive (Route 1400), approximately 2,300 feet north of the intersection of Morning Glory Drive (Route 1400) and Senseny Road (Route 657). The property is east of Sovereign Village Subdivision and north of Senseny Glen and Apple Ridge Subdivisions. This site is accessible via Canyon Road (and Morning Glory Drive (Route 1400). C) Site History The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) identified the zoning for the acreage within the master development plan as A-2 (Agricultural General) District. This zoning classification was modified to RA (Rural Areas) District on February 14, 1990 during the comprehensive amendment to the county's Zoning Ordinance. The Board of Supervisors approved Rezoning Application #15-99 for Channing Drive on December 8, 1999. This action established 354.3 acres of land zoned RP (Residential Performance) District, and 22.0 acres of land zoned B2 (Business General) District. A Master Development Plan for the entire acreage was administratively approved on December 5, 2001. Pertaining to the Fu-Shep Tract, the currently approved MDP enables the development of 283 single-family detached urban residential lots. Single-family detached urban lots are a minimum of 12,000 square feet with side yard setbacks of 10 feet (20' between houses). The currently approved MDP provides for 49.5 acres of open space, all provided for during phase 9. On March 23, 2004 the Frederick County Board of Supervisors adopted a resolution which MDP #05-04, Channing Drive: Phases 9 & 10 Page 5 August 4, 2004 gave the individual property owners of the Channing Drive Rezoning the ability to submit revised master development plan applications independent of one another. On April 28, 2004, Judge Prosser accepted that Toll Brothers (developer) submit a complete MDP application to Frederick County by April 29, 2004. Judge Prosser also ordered that the Frederick County Planning Commission and Board of Supervisors review the submitted plans by the end of May. Planning Staff Note: This MDP was accepted in an effort to comply with Judge Prosser's order. It is important to note that the MDP application was incomplete on April 30, 2004. D) Intended Use The proposed residential development consists of 128.75 acres and consists of two phases (phases 9 and 10). Phase 9 includes 149 proposed single-family small lot dwelling units on 100.39 acres, and Section 10 includes 71 proposed multiplex dwelling units on 28.36 acres. Single-family small lots have a minimum lot size of 3,750 square feet and have a 5 foot side setback (10' between homes). Multiplexes enable 3 or 4 attached residential units on minimum lots sizes of 2,700 square feet (for 2-bedroom units) and have a minimum side yard setback of 15' (30' between buildings). E) Site Suitability & Project Scope Land Use Compatibility: The proposed subdivision is in the vicinity of other residential uses, as well as, agricultural uses to the north and east. The Senseny Road Corridor consists mostly of suburban residential. development, primarily of the single-family detached traditional, urban, and cluster types. Historic Resources: The Frederick County Rural Landmarks Survey does not identify any potentially significant historic resources on the site of the proposed master development plan. Furthermore, according to the National Park Service's Study of Civil War Sites in the Shenandoah Valley of Virginia, the subject site does not contain any core battlefield resources. Environment: Based on the applicants information, the subject site contains a 8.72 acre lake, 4.71 acres of natural stormwater detention areas, and 18.73 acres of steep slopes. 10% of the natural stormwater detention areas and 20.02% of steep slopes are proposed to be disturbed by this development, which is in conformance with the requirements of the Frederick County Zoning Ordinance. Riparian Buffers are required on both sides of all natural waterways. The General Soil Map of the Soil Survey of Frederick County, Virginia indicates that the soils comprising the subj ect parcels fall under the Weikert-Berk soil association, which are common 0 MDP #05-04, Channing Drive: Phases 9 & 10 Page 6 August 4, 2004 soil types found east of Interstate 81. It is noted that these soil types 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 through the site development process. Transportation: The primary access to the site will ultimately come from Channing Drive. Initial access will be via Canyon Road per court order, dated March 24, 2003. The proposed master development plan also illustrates a temporary construction road on parcel 65-A-40, which would be parallel to Morning Glory Drive (Route 1400). Channing Drive is a future major collector road which was proffered as part of the Channing Drive Rezoning and will be constructed prior to the development of the Fu-Shep Property. Secondary access is proposed via Morning Glory Drive and Canyon Road for Phase 9. Also, Phase 10 may eventually connect with Eddy's Lane, and Chastin Court may be extended to the adjoining property to the east, depending on how the surrounding area develops in the future. Comprehensive Policy Plan: The proposed 128.75-acre site is zoned RP (Residential Performance) and is within the UDA (Urban Development Area) and the S WSA (Sewer and Water Service Area). The development of the subject property for residential uses is in general conformance with the policies of the Frederick County Comprehensive Policy Plan. Density: The total 220 residential units on the 128.75 acres calculates to an overall residential gross density of 1.71 units per acre. This is less than the 2.5 residential units per acre proffered with the Channing Drive Rezoning for the Fu-Shep Property. The currently approved MDP has a gross residential density of 2.2 units per acre for the Fu-Shep Property. Open Space: A total of 63.66 acres (49%) of the entire site will be designated as open space. This exceeds the required 38.63 acres (30%) of open space, as specified by the Frederick County Zoning Ordinance. 27.92 acres of the proposed 63.66 acres are located outside of steep slopes areas, lakes and wetlands. This exceeds the 19.32 acres required to be outside of these environmental areas. F) Planning Staff Review Comments/Issues: The following comments must be adequately addressed by the applicant prior to approval: 1) Review Agency Comments. As noted above, no review agency comments of this MDP were submitted with this master development plan application. Such comments must be received and complied with prior to MDP approval. 2) Special Limited Power of Attorney Form. Please have the property owner submit 0 • MDP #05-04, Channing Drive: Phases 9 & 10 Page 7 August 4, 2004 a completed, signed'and notarized Special Limited Power of Attorney Form. This form grants the applicant with the authorization to represent the property owner. 3) Magisterial District. Please change the reference to the magisterial district from the Stonewall District to the Red Bud District. The Red Bud District is the correct district. 4) Riparian Buffers. Please show all natural waterways and required riparian buffers. 5) Multiplex Units. Please specify on the MDP whether the proposed multiplex units will be multi -family or single-family. 6) Proffer Summary. Please list all proffered conditions verbatim on the master development plan for reference. The proffer summary provided on page 2 of 2 excludes some proffered conditions, such as the monetary contribution of $4,205.14 per lot and the nature trails. 7) Trails. Please specify on the MDP that the proposed trails will be constructed for public use. Please also provide the following information on the MDP regarding the proposed trails: a) whether or not the trail will be established within an easement, b) what the width of the easement will be, if proposed, c) what the width of the trail will be, and d) what the surface material and base material of the trail will be. 8) Revision Dates. Please list any revision dates on the MDP. According to the submitted plan, this plan was prepared in October of 2002 and has not been revised. 9) Sidewalks. According to the Typical Roadway Section on the MDP, the proposed sidewalks are 4 feet in width. Please note that VDOT has increased their minimum width of sidewalks to 5 feet. Please revise the plan accordingly. 10) Residential Separation Buffers. Per Section 165-37 C(1)(a)[2], of the Zoning Ordinance, please show the required residential separation buffers between the proposed single-family small lots and the adjoining single-family detached traditional, urban, and cluster lots. 11) Landscaping. Per Sections 165-65 F (2) and 165-36, of the Zoning Ordinance, please provide the required landscape plantings. 12) Hours of Operation for Temporary Construction Road. Please consider limiting the use of the temporary construction road to reasonable operation hours to lessen the impact it will have to adjoining properties. 13) Community Center. Please provide a community center(s) for the proposed development as required per Section 165-64 A, of the Frederick County Zoning • MDP #05-04, Channing Drive: Phases 9 & 10 Page 8 August 4, 2004 Ordinance. Planning Staff Note: The applicant submitted a revised MDP on May 19, 2004, in an attempt to address staff comments. Three of these comments have not been satisfactorily addressed. Riparian Buffers, Residential Separation Buffers, and the Community Center. STAFF CONCLUSIONS FOR 04/07/04 PLANNING COMMISSION MEETING: Upon adequate resolution of the above -listed comments, including all review agency, Planning Commission and Board of Supervisors comments, this Master Development Plan would be consistent with the requirements of Article XVII, Master Development Plan, of the Zoning Ordinance. All of the issues identified by the Planning Commission should be appropriately addressed. PLANNING COMMISSION SUMMARY & ACTION OF 05/19/04 MEETING: Staff noted that the necessary review agency comments that were absent from the application have since been received by staff on May 18, 2004, and were handed out to the Planning Commission this evening; staff noted that this submittal now makes this master development plan application complete. Three planning issues still remaining to be addressed were raised by the staff. Those issues included the need for a community center to be located on site; the need to identify all riparian buffers on the site; and the need for residential separation buffers. Staff reported no significant outstanding issues from the reviewing agencies, however, the Public Works/ County Engineer has requested that the master development plan identify wetlands and storm water management locations. Staff concluded by noting that the density, access, and road system were consistent with what is allowed. Members of the Planning Commission raised the suggestion that both Canyon Road and Morning Glory Drive be opened for residential traffic, rather than funneling all the traffic through Canyon Road alone. The applicant's representative pointed out that both Canyon Road and Morning Glory will need to comply with state standards and have state road connections; he noted that the applicant will construct a seamless connection to Morning Glory Drive, however, it will be barricaded. The applicant's representative next addressed the issues raised by the staff. It was noted that the neighborhood community center planned with the original master plan was designed to accommodate capacity from all three properties included within the collective Charming Drive development. However, the applicant plans to restore the existing structure located on the other side of the lake, converting it into an additional community center. Access would be via the trail system across the dam. The applicant was seeking a waiver for the residential separation buffer adjacent to the Manning & Ross property because they believed the natural 50-foot buffer was preferable to creating a man- made 25-foot buffer. It was pointed out that no riparian buffers or wetlands would be disturbed and these features would be designated on the master plan. Some members of the Planning Commission raised the issue of restricting all construction traffic to the 75-foot fee simple right-of-way owned by the applicant and allowing only residential traffic on Morning Glory and Canyon Drive for safety reasons and to ease traffic congestion. The legality of prohibiting use of a state -maintained road connection was raised. The viability of construction traffic MDP #05-04, Channing Drive: Phases 9 & 10 Page 9 August 4, 2004 using the 75-foot right-of-way was questioned because of its existing impassable terrain. Commissioner Thomas believed that the County needed to take steps to mitigate the impact of new construction on existing residential neighborhoods. He believed it was appropriate for the Commission to recommend that the developer be required to restrict construction traffic to the 75-foot right-of-way and to open up both Morning Glory Drive and Canyon Road to residential traffic only. Three citizens spoke during the public comments portion of the public meeting. The first citizen, the President of the Senseny Glen Home Owners Association inquired about obtaining permanent access to their common area through the Channing Drive development; the impact of construction traffic on existing homeowners was also raised as a concern. The other two citizens who spoke were also residents of Senseny Glen. One spoke in opposition to the plan and preferred to have construction traffic use the 75-foot right-of-way rather than Morning Glory or Canyon Road; the other citizen spoke in favor of the plan, citing the possibility of increased property values. Some members of the Commission were hesitant to send the plan forward to the Board because neither the staff nor the Commissioners had an opportunity to review the agency comments that were just submitted. Other members of the Commission believed there were issues that were still unresolved regarding infrastructure and access. In light of these concerns, the Planning Commission recommended approval of the master development plan for Phases 9 and 10 by the following majority vote, subject to satisfactorily addressing all agency comments: YES (TO RECOMMEND APPROVAL): Triplett, Fisher, Kriz, Ours, Thomas, DeHaven, Light, Morris, Unger, Watt NO: Gochenour, Straub (Commissioner Rosenberry was absent from the meeting.) BOARD OF SUPERVISORS SUMMARY & ACTION OF 05/25/04 MEETING: Staff presented background on the application, and mentioned that the agency comments had been received during the past week. Staff identified a number of the major outstanding issues that must be resolved: lack of a required community center; provisions of riparian buffers; and residential separation buffers. The applicant presented their vision for the project, which contained information not included in the MDP included in the Board's agenda packages. It was clarified that the Board's agenda package contained the original MDP submitted on April 29, 2004; the applicant had made revisions to this April 28"' document. The Board expressed concern that the plan which they had reviewed differed from that the applicant sought approval for; that there were discrepancies from what was illustrated on the plan compared to what the applicant stated would be developed. The Board also expressed concern that the plan did not MDP #05-04, Channing Drive: Phases 9 & 10 Page 10 August 4, 2004 adequately address various ordinance requirements. In light of these concerns, the Board of Supervisors recommended denial of this application based on the applicant's failure to meet the requirements of the zoning ordinances. YES (TO RECOMMEND DENIAL): Dove, Tyler, Van Osten, Smith, Forrester, Ewing, Shickle CHANGES TO MDP SINCE MAY 25, 2004 BOARD OF SUPERVISORS MEETING On June 4, 2004, the Court provided that if the applicant addressed outstanding ordinance requirements and submitted a revised MDP to the County by July 7, 2004, and the County would consider the application during the Board of Supervisors meeting on July 14, 2004. Staff met with Counsel for the applicant on July 2, 2004, and reviewed a revised MDP dated June 26, 2004. A number of modifications were identified that would need to be further clarified, which ultimately would illustrate adherence to County ordinances. Counsel advised that the issues would be addressed, and resubmitted for review on July 6, 2004. These issues continued to include: Residential Separation Buffers, the Community Center, and the Riparian Buffers. On July 7, 2004, staff received a revised MDP (revisions dated July 6, 2004, Owner signature dated June 30, 2004). This revision appears to have adequately addressed the Riparian Buffer requirements. The revision does not adequately address: the Community Center, by providing an appropriate access network as well as the required/proposed recreational units calculations; nor the Residential Separation Buffer and its use of existing woodlands. The applicant should also include a copy of the recorded proffer statement on the MDP which addresses limitation on the number of building permits that would be issued within the Channing Drive development. Upon adequate resolution of the above -listed comments, including all review agency, Planning Commission and Board of Supervisors comments, this Master Development Plan could be consistent with the requirements of Article XVII, Master Development Plan, of the Zoning Ordinance. BOARD OF SUPERVISORS SUMMARY & ACTION OF 07/14/04 MEETING: The Planning Director advised that out of the three remaining issues, the riparian buffer, the residential buffer, and the community center, only the riparian buffer issue had been satisfactorily addressed. The Planning Director explained that although the applicant had provided the location of the community center on the plan, the applicant had not indicated the proposed recreational unit calculations. In addition, the applicant had not specifically identified how the existing woodlands and other landscaping would make up the Residential Separation Buffer. MDP #05-04, Channing Drive: Phases 9 & 10 Page 11 August 4, 2004 The applicant's representative was concerned that this applicant was being asked to provide for features that were beyond what was required in the ordinance and beyond what similar developments of this type were required to provide. The applicant believed their plan had met the requirements of the ordinance. Upon further discussion between the applicant, the Board, and the staff, it appeared there were differences of opinion as far as what sections of the ordinance were at issue and the interpretation of those sections. The Planning Director believed the applicant must adhere to the recreational unit requirement, even if the proposed small lot subdivision lots exceeded 5,000 square feet. Regarding the separation buffer, the Planning Director advised that the applicant could eliminate the 25-foot requirement and use a 50- foot buffer, if they were using natural woodlands. The Chairman of the Board stated that there did not appear to be any issues that could not be worked out. However, because the two outstanding issues had still not been satisfactorily complied with in order to meet the requirements of the zoning ordinance, the Board of Supervisors unanimously voted to deny the master development plan. CHANGES TO MDP SINCE JULY 14, 2004 BOARD OF SUPERVISORS MEETING On August 4, 2004, the Court provided that if the applicant addressed outstanding ordinance requirements and submitted a revised MDP to the County, the County would consider the application during the Board of Supervisors meeting. These outstanding ordinance requirements pertained to the Residential Separation Buffer and the Community Center. Specifically, the applicant should provide notations to clarify these two requirements. Notations will clarify: (1) That a 25-foot Residential Separation Buffer will consist of a Full Landscape screen (six-foot high opaque element and a landscape screen) ; (2) That a 50-foot Residential Separation Buffer will consist of existing woodlands; (3) That based on the proposed housing units and types, 22.3 Recreation Units will be required. Upon adequate resolution of the above -listed comments, including all review agency, Planning Commission and Board of Supervisors comments, this Master Development Plan could be consistent with the requirements of Article XVII, Master Development Plan, of the Zoning Ordinance. The applicant is seeking 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. I 4 � I "; i • �� � > 1 Ste,_ � Va 1. � ✓ 171 r P f \ `�On / EX. HOUSE TO BE REMODELED AND PROVIDED — J 9 TO HOA WITH PHASE 9 TO SERVE AS COMMUNITY CENTER THAT MEETS REQUIREMENTS • 1022 OF ZO 165-64(A). ACCESS TO CENTER WILL BE TN 55 PROVIDED VIA TRAIL UNTIL SUCH TIME AS PHASE 10 IS DEVELOPED. (PER COURT ORDER) D . Ej • 7E TWIN LAKE PROP: 35' RIPARIAN— BUFFER . 1� 1 LAficU46t Ott �v�y / y, Zoo y /PR 35' RI ARIAV BUFFER ,Pk01'1 y�j 4ANNEL SCAR/LINE DE C E � CW it & ring, Land Surveying and Land Planning Services Rs I LRN VIRGINIA DIVISION OFFICE STATES SEP 2 2004 P O Box 6-1208 Sterling, VA 20165-1208 85 ENGINEERI G (703) 433-6204 FAX (703) 433-6204 August 31, 2004 Mr. Eric R. Lawrence, AICP Director of Planning Frederick County Dept. of Planning 107 North Kent Street Winchester, VA 22601-5000 Re: Channing Drive Phase 9 & 10 — Final Master Development Plan (MDP) Revision (#05-04) 55-A-209, 55-A-211, 55-A-213, 65-A-40 Dear Mr. Lawrence: Please find attached the five signed copies of the Final MDP for the above referenced project for approval per your August 26, 2004, letter. Your letter states that we should submit a Final MDP that addresses all review agency comments as well as comments by the Planning Commission and Board of Supervisors. Please note that approvals were obtained from all required outside agencies prior to the Board of Supervisors meeting on August 11, 2004. In addition, the one comment by the Planning Commission concerning the Riparian Buffers was addressed and the Planning Commission approved the MDP on May 19, 2004. Furthermore, during the August 11, 2004, Board of Supervisors meeting, Mr. Tierney, Assistant County Administrator, stated that the MDP met all county ordinances and the MDP was unanimously approved by the Board of Supervisors. As such, we are unaware of any additional issues or comments which need to be addressed. Therefore, we look forward to your prompt approval of the Final MDP. Please contact me if additional copies are required as I can provide them without delay. Should you have any questions please do not hesitate to call me at (703) 433-6244. Sincerely, EASTERN STATES ENGINEERING, INC. Stephen Collins, Jr. P.E. Project Engineer cc: Mr. Webb Koschene, Toll Brothers, Inc. Mr. Ty Lawson, Lawson & Silek Corporate Office Regional Offices 2747 Philmont Avenue Brandywine Valley, PA Clinton, NJ Huntingdon Valley, PA 19006 (610) 647-1162 (908) 638-5270 (215)914-2050 • EASTERN STATES ENGINEERING P.O. Box 651208 Sterling, VA 20165-1208 (703) 433-6254*FAX (703) 433-6204 • LL VVIM OL� NVZ�\,L To Frederick County -Planning Date August 31, 2004 Dept. Address 107 North Kent Street Project Charming Drive Phase 9 & Winchester, VA 22601 10 — Final Master Development Plan Project # Attention Mr. Eric Lawrence Phone # 540-665-5651 WE ARE SENDING YOU: ® Attached ❑ Under separate cover VIA: ❑ US Mail ® Courier/Delivery ❑ Overnight Carrier ❑ Interoffice Mail ❑ Pick-up THE FOLLOWING ITEMS: ❑ Shop drawings ❑ Prints ® Plans ❑ Disk ❑ Specifications ❑ Samples ❑ Copy of letter ❑ Change order ❑ Other COPIES DATE NO. DESCRIPTION 5 8/31/04 2 Channing Drive Phase 9 & 10 Final Master Development Plan THESE ARE TRANSMITTED: ❑ For approval ❑ For your use ® As requested ❑ For review and comment ❑ FORBIDS DUE REMARKS ❑ Approved as submitted ❑ Resubmit copies for approval ❑ Approved as noted ❑ Submit copies for distribution ❑ Returned for corrections ❑ Return corrected prints ❑ PRINTS RETURNED AFTER LOAN TO US pECEE VE SIGNED v L12 �2 STEPHEN S. COLLINS JR., P.E. EASTERN STATES ENGINEERING, INC. D RECEI D B • FREDERICK COUNTY TE/TIME: - y -S If enclosures are not as noted, kindly notify us at once. • 0 EASTERN STATES ENGINEERING P.O. Box 651208 Sterling, VA 20165-1208 (703) 433-6254+FAX (703) 433-6204 To I Frederick County -Planning Address 107 North Kent Street Winchester, VA 22601 Date i August 31, 2004 Project Channing Drive Phase 10 — Final Master Development Plan Project # Attention Mr. Eric Lawrence Phone # WE ARE SENDING YOU: ® Attached ❑ Under separate cover 540-665-5651 VIA: ❑ US Mail ® Courier/Delivery ❑ Overnight Carrier ❑ Interoffice Mail ❑ Pick-up THE FOLLOWING ITEMS: ❑ Shop drawings ❑ Prints ® Plans ❑ Disk ❑ Specifications ❑ Samples ❑ Copy of letter ❑ Change order ❑ Other COPIES DATE NO. DESCRIPTION 5 8/31/04 2 Channing Drive Phase 9 & 10 Final Master Development Plan THESE ARE TRANSMITTED: ❑ For approval ❑ For your use ® As requested ❑ For review and comment ❑ FORBIDS DUE REMARKS ❑ Approved as submitted ❑ Resubmit copies for approval ❑ Approved as noted ❑ Submit copies for distribution ❑ Returned for corrections ❑ Return corrected prints ❑ PRINTS RETURNED AFTER LOAN TO US SIGNED _ STEPHEN S. COLLINS JR., P.E. EASTERN STATES ENGINEERING, INC. I' SD DATE/TIME: y s If enclosures are not as noted, kindly notify its at once. COUN of K Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 August 26, 2004 Toll VA IV L.P. 21630 Ridgetop Circle, Suite 130 Dulles, Virginia 20166 RE: MASTER DEVELOPMENT PLAN #05-04 OF CHANNING DRIVE, PHASE 9 & 10 Property Identification Numbers (PINs): 55-A-209, 55-A-211, 55-A-213, 65-A-40 The Frederick County Board of Supervisors granted staff administrative approval authority for the above -referenced Preliminary Master Development Plan on August 12, 2004. Your firm will need to submit 5 signed and sealed copies of the 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 ave any questions, please do not hesitate to call me. Sinc ely, E Lawrence, AICP rector of Planning ERL\dlw cc: Eastern States Engineering, 21630 Ridgetop Circle, Suite 130, Dulles, VA 20166 Gina Forrester, Red Bud Magisterial District Supervisor John R. Riley, Jr., County Administrator -*AOd'novib N1pP wl1 414'41 OH's" aY a1���4i1 4-(Co-J" I�J-A : LAAIJ v- o)J &kl 1 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 EASTERN STATES ENGINEERING P.O. Box 651208 Sterling, VA 20165-1208 (703) 433-6254*FAX (703) 0 00 To Frederick County - Planning Date August 9, 2004 Dept. Address 107 North Kent Street Project Channing Drive Phase 9 & Winchester, VA 22601 10 — Master Development Plan Revision Project # Attention Mr. Eric Lawrence Phone # 540-665-5651 WE ARE SENDING YOU: ® Attached ❑ Under separate cover VIA: ❑ US Mail ® Courier/Delivery ❑ Overnight Carrier THE FOLLOWING ITEMS: ❑ Shop drawings ❑ Prints ® Plans ❑ Disk ❑ Copy of letter ❑ Change order ❑ Other ❑ Interoffice Mail ❑ Pick-up ❑ Specifications ❑ Samples COPIES DATE NO. DESCRIPTION 20 8/05/03 2 Channing Drive Phase 9 & 10 Revised Master Development Plan THESE ARE TRANSMITTED: ❑ For approval ❑ For your use ® As requested ❑ For review and comment ❑ FORBIDS DUE REMARKS ❑ Approved as submitted ❑ Approved as noted ❑ Returned for corrections El ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints PRINTS RETURNED AFTER LOAN TO US Eric, Attached are the revised copies of the MDP per your conversation with Ty Lawson for the August 11, 2004 Board of Supervisors meeting. If you need any additional information please contact me. Thank you, SIGNED C\� �- STEPHEN S. COLLINS JR., P.E. EASTERN STATES ENGINEERING, INC. RECEIVED BY: 1;aLDATE/TIMo'QS OPY If enclosures are not as noted, kindly notes us at once. • 0 MASTER DEVELOPMENT PLAN (MDP) #05-04 CHANNING DRIVE: PHASES 9 & 10 Fu-Shep Property Staff Report for the Board of Supervisors Prepared: July 8, 2004, 2004 Staff Contact: Eric Lawrence, Director This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist in the review of this application. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 05/19/04 Forward with comments Board of Supervisors: 05/26/04 Denied application based on failure to satisfy ordinance requirements Board of Supervisors: 07/14/04 Pending LOCATION: This property is located at the northern terminus of Morning Glory Drive (Route 1400), approximately 2,300 feet north of the intersection of Morning Glory Drive (Route 1400) and Senseny Road (Route 657). The property is also accessible via Canyon Road. MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBERS: 55-A-209, 55-A-211, 55-A-213, & 65-A-40' PROPERTY ZONING & PRESENT USE: Zoned: RP (Residential Performance) Use: Unimproved ZONING & PRESENT USE OF ADJOINING PROPERTIES: North Zoned: RA (Rural Areas) District South Zoned: RP (Residential Performance) District East Zoned: RA (Rural Areas) District West Zoned: RP (Residential Performance) District Use: Residential & Agricultural Use: Residential Use: Residential & Agricultural Use: Residential PROPOSED USE: 220 total dwelling units consisting of 149 single-family small lots and 71 multiplexes The 3.8 acre parcel, identified by PIN 65-A-40, has been excluded from all calculations. This parcel has been identified on the MDP, because it is owned by Fu-Shep Farm Partnership, and is being utilized for a temporary construction access road. MDP #05-04, Channing Drive: Phases 9 & 10 Page 2 July 8, 2004 REVIEW EVALUATIONS: Planning Sta Note: No "master development plan"agency review comments were submitted with this application upon initial receipt on April 29,2004. Review Agency Comments were received on May 18, 2004, and have been included for the Board of Supervisors meeting Department of Transportation: The preliminary master plan for this property appears to have significant measurable impact on Route 867, Senseny Glen Road, and Route 1407, Canyon Road, the VDOT facilities which would provide access to the property. There appears to be no substantial change to the roadway design from the previously approved Master Development Plan. Therefore, VDOT approves the current submitted Master Plan. Due to the anticipated construction traffic on Senseny Glen Road and Canyon Road (subdivision roads not designed for heavy traffic), a significant surety bond will be required to cover potential damage to the roadway. It would be VDOT's preference to have any proffers from the rezoning relating to transportation issues noted on the master plan. 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 tocommenton 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. Department of Public Works: Based on our review of the subject master plan, we offer the following comments: 1. It .will be necessary for the master plan to reflect all wetlands and provide the total amount of wetlands that have been mapped. The master plan should also reflect the total amount of wetlands to be disturbed. 2. It will be necessary to provide the locations and relative areas of all proposed stormwater management facilities. 3. You have indicated a road network for future Phase 10. Indicate on the plan the future use of the area located at the end of the proposed Chastin Court. The proposed road forms a "T" intersection but does not reflect a cul-de-sac. 4. The master plan shall indicate a construction entrance on Canyon Road in the Senseny Glen Subdivision rather than at the end of Morning Glory Drive in the Apple Ridge Subdivision. The Canyon Road location was previously identified on the approved master development plan. Once these comments have been addressed, submit two (2) copies of the revised master plan for our review. Fire and Rescue Department: The connection to Morning Glory Drive shall have a means for emergency vehicle access for fire hydrant and egress travel issues during the construction process. Water supplies for firefighting change from RP to MULTI-PLEX. Requirements may be found in MDP #05-04, Channing Drive: Phases 9 & 10 Page 3 July 8, 2004 County Ordinance and 90-4 and the VA Statewide Fire Prevention Code. Water supply for firefighting shall be available as soon as combustible materials arrive on site. Fire hydrants at intersections are preferable over ends of cul-de-sac. Fire hydrants must be within eight feet of the curbline. Additional comments may be necessary on the subdivision plan. Plan approval recommended. Department of Geographic Information Systems: The Frederick County Department of GIS has reviewed the requested road names for use in the Revised Channing Drive, Phase 9 MDP plan submitted on April 28, 2004, and has made the following determinations: 1. All road names as presented in the Revised Channing Drive, Phase 9 MDP plan sheets, dated April 2004 are APPROVED and RESERVED as presented. Canyon Road (extension) Morning Glory Drive (extension) Thompson Court Bentpath Court Heath Court Aulee Court Norfolk Court 2. If you would like preliminary structure numbering so that you may place them on the subdivision plats ... you can email the GIS Department a digital plan to inleinaste(cr�co.frederiek.va.us and we'll return it to you with preliminary numbers annotated on the digital plan. 3. For future plan reference, when a double cul-de-sac such as Heath Court crosses over a major drive or roadway, it is much better for numbering and E-911 purposes if the opposing cul-de- sacs have separate names. Frederick County Public Schools: This letter is in response to your request for comments on the Revised Master Plan - Channing Drive Phase 9 & 10. Frederick County Public Schools has no additional comments at this time. Department of Parks and Recreation: Plan appears to meet open space requirements. Developer is required to provide one recreation area for every 30 units. Staff recommends that all trails be a minimum of 10' in width and be hard surfaced meeting this department's standards. Frederick -Winchester Service Authority: This office was furnished with a set of plans for the above mentioned project. Upon review FWSA has one comment regarding the Master Development Plan Revision submitted. This item may be addressed in Phases 1 through 8 of Channing Drive. The Master Plan shows a number of utility connections to adjoining subdivisions. The primary 21" sewer which is to run to a regional pumping station (off site) terminates within the project. Shouldn't this sewer continue upstream until it reaches upstream phases of Channing Drive? Frederick County Sanitation Authority: 1 st review - Approved as noted - 6 items MDP #05-04, Channing Drive: Phases 9 & 10 Page 4 July 8, 2004 Planning & Zoning: A) Master Development Plan Requirement A master development plan is required for most subdivisions and development of property in Frederick County. 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 at the northern terminus of Morning Glory Drive (Route 1400), approximately 2,300 feet north of the intersection of Morning Glory Drive (Route 1400) and Senseny Road (Route 657). The property is east of Sovereign Village Subdivision and north of Senseny Glen and Apple Ridge Subdivisions. This site is accessible via Canyon Road (and Morning Glory Drive (Route 1400). Q Site History The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) identified the zoning for the acreage within the master development plan as A-2 (Agricultural General) District. This zoning classification was modified to RA (Rural Areas) District on February 14, 1990 during the comprehensive amendment to the county's Zoning Ordinance. The Board of Supervisors approved Rezoning Application #15-99 for Channing Drive on December 8, 1999. This action established 354.3 acres of land zoned RP (Residential Performance) District, and 22.0 acres of land zoned B2 (Business General) District. A Master Development Plan for the entire acreage was administratively approved on December 5, 2001. Pertaining to the Fu-Shep Tract, the currently approved MDP enables the development of 283 single-family detached urban residential lots. Single-family detached urban lots are a minimum of 12,000 square feet with side yard setbacks of ten feet (20' between houses). The currently approved MDP provides for 49.5 acres of open space, all provided for during phase 9. On March 23, 2004 the Frederick County Board of Supervisors adopted a resolution which gave the individual property owners of the Channing Drive Rezoning the ability to submit revised master development plan applications independent of one another. MDP #05-04, Channing Drive: Phases 9 & 10 Page 5 July 8, 2004 On April 28, 2004, Judge Prosser accepted that Toll Brothers (developer) submit a complete MDP application to Frederick County by April 29, 2004. Judge Prosser also ordered that the Frederick County Planning Commission and Board of Supervisors review the submitted plans by the end of May. Planning Staff Note: This MDP was accepted in an effort to comply with Judge Prosser's order. It is important to note that the MDP application was incomplete on April 30, 2004. D) Intended Use The proposed residential development consists of 128.75 acres and consists of two phases (phases 9 and 10). Phase 9 includes 149 proposed single-family small lot dwelling units on 100.39 acres, and Section 10 includes 71 proposed multiplex dwelling units on 28.36 acres. Single-family small lots have a minimum lot size of 3,750 square feet and have a five foot side setback (10' between homes). Multiplexes enable three or four attached residential units on minimum lots sizes of 2,700 square feet (for two -bedroom units) and have a minimum side yard setback of 15' (30' between buildings). E) Site Suitability & Project Scope Land Use Compatibility: The proposed subdivision is in the vicinity of other residential uses, as well as agricultural uses to the north and east. The Senseny Road Corridor consists mostly of suburban residential development, primarily of the single-family detached traditional, urban, and cluster types. Historic Resources: The Frederick County Rural Landmarks Survey does not identify any potentially significant historic resources on the site of the proposed master development plan. Furthermore, according to the National Park Service's Study of Civil War Sites in the Shenandoah Valley of Virginia, the subject site does not contain any core battlefield resources. Environment: Based on the applicants information, the subject site contains an 8.72 acre lake, 4.71 acres of natural stormwater detention areas, and 18.73 acres of steep slopes. Ten percent of the natural stormwater detention areas and 20.02% of steep slopes are proposed to be disturbed by this development, which is in conformance with the requirements of the Frederick County Zoning Ordinance.' Riparian Buffers are required on both sides of all natural waterways. The General Soil Map of the Soil Survey of Frederick County, Vir. inia indicates that the soils comprising the subject parcels fall under the Weikert-Berk soil association, which are common soil types found east of Interstate 81. It is noted that these soil types 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 through the site development MDP #05-04, Charming Drive: Phases 9 & 10 Page 6 July 8, 2004 process. Transportation: The primary access to the site will ultimately come from Charming Drive. Initial access will be via Canyon Road per Court Order, dated March 24, 2003. The proposed master development plan also illustrates a temporary construction road on parcel 65-A-40, which would be parallel to Morning Glory Drive (Route 1400). Charming Drive is a future major collector road which was proffered as part of the Channing Drive Rezoning and will be constructed prior to the development of the Fu-Shep Property. Secondary access is proposed via Morning Glory Drive and Canyon Road for Phase 9. Also, Phase 10 may eventually connect with Eddy's Lane, and Chastin Court may be extended to the adjoining property to the east, depending on how the surrounding area develops in the future. Comprehensive Policy Plan: The proposed 128.75-acre site is zoned RP (Residential Performance) and is within the UDA (Urban Development Area) and the S WSA (Sewer and Water Service Area). The development of the subject property for residential uses is in general conformance with the policies of the Frederick County Comprehensive Policy Plan. Density: The total 220 residential units on the 128.75 acres calculates to an overall residential gross density of 1.71 units per acre. This is less than the 2.5 residential units per acre proffered with the Channing Drive Rezoning for the Fu-Shep Property. The currently approved MDP has a gross residential density of 2.2 units per acre for the Fu-Shep Property. Open Space: A total of 63.66 acres (49%) of the entire site will be designated as open space. This exceeds the required 38.63 acres (30%) of open space, as specified by the Frederick County Zoning Ordinance. Twenty seven, point, ninety two (27.92) acres of the proposed 63.66 acres are located outside of steep slopes areas, lakes and wetlands. This exceeds the 19.32 acres required to be outside of these environmental areas. F) Planning Staff Review Comments/Issues: The following comments must be adequately addressed by the applicant prior to approval: 1) Review Agency Comments. As noted above, no review agency comments of this MDP were submitted with this master development plan application. Such comments must be received and complied with prior to MDP approval. 2) Special Limited Power of Attorney Form. Please have the property owner submit a completed, signed and notarized Special Limited Power of Attorney Form. This form grants the applicant with the authorization to represent the property owner. MDP #05-04, Channing Drive: Phases 9 & 10 Page 7 July 8, 2004 3) Magisterial District. Please change the reference to the magisterial district from the Stonewall District to the Red Bud District. The Red Bud District is the correct district. 4) Riparian Buffers. Please show all natural waterways and required riparian buffers. 5) Multiplex Units. Please specify on the MDP whether the proposed multiplex units will be multi -family or single-family. 6) Proffer Summary. Please list all proffered conditions verbatim on the master development plan for reference. The proffer summary provided on page 2 of 2 excludes some proffered conditions, such as the monetary contribution of $4,205.14 per lot and the nature trails. 7) Trails. Please specify on the MDP that the proposed trails will be constructed for public use. Please also provide the following information on the MDP regarding the proposed trails: a) whether or not the trail will be established within an easement, b) what the width of the easement will be, if proposed, c) what the width of the trail will be, and d) what the surface material and base material of the trail will be. 8) Revision Dates. Please list any revision dates on the MDP. According to the submitted plan, this plan was prepared in October of 2002 and has not been revised. 9) Sidewalks. According to the Typical Roadway Section on the MDP, the proposed sidewalks are four feet in width. Please note that VDOT has increased their minimum width of sidewalks to five feet. Please revise the plan accordingly. 10) Residential Separation Buffers. Per Section 165-37 C(1)(a)[2], of the Zoning Ordinance, please show the required residential separation buffers between the proposed single-family small lots and the adjoining single-family detached traditional, urban, and cluster lots. 11) Landscaping. Per Sections 165-65 F (2) and 165-36, of the Zoning Ordinance, please provide the required landscape plantings. 12) Hours of Operation for Temporary Construction Road. Please consider limiting the use of the temporary'construction road to reasonable operation hours to lessen the impact it will have to adjoining properties. 13) Community Center. Please provide a community center(s) for the proposed development as required per Section 165-64 A, of the Frederick County Zoning Ordinance. MDP #05-04, Channing Drive: Phases 9 & 10 Page 8 July 8, 2004 Planning Staff Note: The applicant submitted a revised MDP on May 19, 2004, in an attempt to address staff comments. Three of these comments have not been satisfactorily addressed. Riparian Buffers, Residential Separation Buffers, and the Community Center. STAFF CONCLUSIONS FOR 04/07/04 PLANNING COMMISSION MEETING: Upon adequate resolution of the above -listed comments, including all review agency, Planning Commission and Board of Supervisors comments, this Master Development Plan would be consistent with the requirements of Article XVII, Master Development Plan, of the Zoning Ordinance. All of the issues identified by the Planning Commission should be appropriately addressed. PLANNING COMMISSION SUMMARY & ACTION OF 05/19/04 MEETING: Staff noted that the necessary review agency comments that were absent from the application have since been received by staff on May 18, 2004, and were handed out to the Planning Commission this evening; staff noted that this submittal now makes this master development plan application complete. Three planning issues still remaining to be addressed were raised by the staff. Those issues included the need for a community center to be located on site; the need to identify all riparian buffers on the site; and the need for residential separation buffers. Staff reported no significant outstanding issues from the reviewing agencies; however, the Public Works/County Engineer has requested that the master development plan identify wetlands and storm water management locations. Staff concluded by noting that the density, access, and road system were consistent with what is allowed. Members of the Planning Commission raised the suggestion that both Canyon Road and Morning Glory Drive be opened for residential traffic, rather than funneling all the traffic through Canyon Road alone. The applicant's representative pointed out that both Canyon Road and Morning Glory will need to comply with state standards and have state road connections; he noted that the applicant will construct a seamless connection to Morning Glory Drive, however, it will be barricaded. The applicant's representative next addressed the issues raised by the staff. It was noted that the neighborhood community center planned with the original master plan was designed to accommodate capacity from all three properties included within the collective Channing Drive development. However, the applicant plans to restore the existing structure located on the other side of the lake, converting it into an additional community center. Access would be via the trail system across the dam. The applicant was seeking a waiver for the residential separation buffer adjacent to the Manning & Ross property because they believed the natural 50-foot buffer was preferable to creating a man- made 25-foot buffer. It was pointed out that no riparian buffers or wetlands would be disturbed and these features would be designated on the master plan. Some members of the Planning Commission raised the issue of restricting all construction traffic to the 75-foot fee simple right-of-way owned by the applicant and allowing only residential traffic on Morning Glory and Canyon Drive for safety reasons and to ease traffic congestion. The legality of prohibiting use of a state -maintained road connection was raised. The viability of construction traffic using the 75-foot right-of-way was questioned because of its existing impassable terrain. Commissioner Thomas believed that the County needed to take steps to mitigate the impact of new MDP #05-04, Channing Drive: Phases 9 & 10 Page 9 July 8, 2004 construction on existing residential neighborhoods. He believed it was appropriate for the Commission to recommend that the developer be required to restrict construction traffic to the 75-foot right-of-way and to open up both Morning Glory Drive and Canyon Road to residential traffic only. Three citizens spoke during the public comments portion of the public meeting. The first citizen, the President of the Senseny Glen Home Owners Association, inquired about obtaining permanent access to their common area through the Charming Drive development; the impact of construction traffic on existing homeowners was also raised as a concern. The other two citizens who spoke were also residents of Senseny Glen. One spoke in opposition to the plan and preferred to have construction traffic use the 75-foot right-of-way rather than Morning Glory or Canyon Road; the other citizen spoke in favor of the plan, citing the possibility of increased property values. Some members of the Commission were hesitant to send the plan forward to the Board because neither the staff nor the Commissioners had an opportunity to review the agency'comments that were just submitted. Other members of the Commission believed there were issues that were still unresolved regarding infrastructure and access. In light of these concerns, the Planning Commission recommended approval of the master development plan for Phases 9 and 10 by the following majority vote, subject to satisfactorily addressing all agency comments: YES (TO RECOMMEND APPROVAL): Triplett, Fisher, Kriz, Ours, Thomas, DeHaven, Light, Morris, Unger, Watt NO: Gochenour, Straub (Commissioner Rosenberry was absent from the meeting.) BOARD OF SUPERVISORS SUMMARY & ACTION OF 05/25/04 MEETING: Staff presented background on the application, and mentioned that the agency comments had been received during the past week. Staff identified a number of the major outstanding issues that must be resolved: lack of a required community center; provisions of riparian buffers; and residential separation buffers. The applicant presented their vision for the project, which contained information not included in the MDP included in the Board's agenda packages. It was clarified that the Board's agenda package contained the original MDP submitted on April 29, 2004; the applicant had made revisions to this April 29" document. . The Board expressed concern that the plan which they had reviewed differed from that the applicant sought approval for; that there were discrepancies from what was illustrated on the plan compared to what the applicant.stated would be developed. The Board also expressed concern that the plan did not adequately address various ordinance requirements. MDP #05-04, Channing Drive: Phases 9 & 10 Page 10 July 8, 2004 In light of these concerns, the Board of Supervisors denied this application based on the applicant's failure to meet the requirements of the zoning ordinances. YES (TO DENY): Dove, Tyler, Van Osten, Smith, Forrester, Ewing, Shickle CHANGES TO MDP SINCE MAY 25, 2004 BOARD OF SUPERVISORS MEETING On June 4, 2004, the Court provided that if the applicant addressed outstanding ordinance requirements and submitted a revised MDP to the County by July 7, 2004, the County would consider the application during the Board of Supervisors meeting on July 14, 2004. Staff met with Counsel for the applicant on July 2, 2004, and reviewed a revised MDP dated June 26, 2004. A number of modifications were identified that would need to be further clarified, which ultimately would illustrate adherence to County ordinances. Counsel advised that the issues would be addressed, and resubmitted for review on July 6, 2004. These issues continued to include: Residential Separation Buffers, the Community Center, and the Riparian Buffers. On July 7, 2004, staff received a revised MDP (revisions dated July 6, 2004, Owner signature dated June 30, 2004). This revision appears to have adequately addressed the Riparian Buffer requirements. The revision does not adequately address: the Community Center, by providing an appropriate access network as well as the required/proposed recreational units calculations; nor the Residential Separation Buffer and its use of existing woodlands. The applicant should also include a copy of the recorded proffer statement on the MDP which addresses limitation on the number of building permits that would be issued within the Channing Drive development. Upon adequate resolution of the above -listed comments, including all review agency, Planning Commission and Board of Supervisors comments, this Master Development Plan could be consistent with the requirements of Article XVII, Master Development Plan, of the Zoning Ordinance. The applicant is seeking authorization of the preliminary master development plan by the Board of S pervisors The Board's authorization will grant staff with administrative approval authority for the final master development plan. M COPY COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 Thomas Lawson, Esquire Lawson and Silek, P.L.C. PO Box 2740 Winchester, Virginia 22604 RE: Channing Drive, Phases 9 and 10 Master Development Plan Dear Mr. Lawson: Thank you for meeting with Jim Doran, Director of Frederick County Department of Parks and Recreation, and me on July 2, 2004, to review your recently revised Master Development Plan for the Channing Drive, Phases 9 and 10 (dated June 30, 2004). During this meeting, we reviewed, discussed, and achieved agreement as to what items should appear on the MDP to comply with the County's Code requirements. As we discussed, once these ordinance requirements are clarified and satisfied, the MDP will be suitable for approval. Specifically, we agreed that the MDP would be revised to include: Sheet 1 of 2 1. Typical Lot Landscaping for Multiplex housing types. The MDP currently contains the landscaping details for the single family small lots, but no detail has been provided for the multiplex lots. 2. Clarification regarding the buffer requirements for the Residential Separation Buffers § 165- 37.C(1)(a)[2]. The submitted MDP states that existing woodlands would be utilized for the Residential Separation Buffers. The Zoning Ordinance states "A woodland strip of 50-feet may be allowed as a full screen" § 165-37.B(2). Yet, the submitted MDP only provides for a 25-foot buffer and requests the use of woodlands in leu of the required Full Screen. Please clarify if a 50-foot distance will be provided so that you might be able to utilize the existing woodlands provision § 165-141.B(10) 3. Statement regarding the number of recreation units that are required by ordinance, and the number of recreation units to be provided in the development. § 165-141.B(9) and § 165-64.A These recreation units are the basis for determining the required Community Center's amenities. As we discussed, a total of 22.3 recreation units will be required for Phases 9 and 10. [Phase 9 contains 149 single family small lots which requires five recreation units plus a community center equivalent to 14.9 recreation units. Phase 10 contains 71 multiplex units which requires 2.4 recreation units.] 4. Notation regarding dates of any revisions to the MDP. § 165-141.A(7) Sheet 2 of 2 5. Copies of the recorded proffers applicable to the project. This should include copies of pages 1 and 2 of the recorded proffer statement ( BK954PG 1546 and BK954PG 1547); currently these two pages have been omitted from inclusion on the MDP. 6. Thirty five-foot Riparian Buffers, measured outward from both sides of a natural waterway beginning along the slope of the ground from the channel scar line. 107 North Kent Street • Winchester, Virginia 22601-5000 Thomas Lawson, Esquire July 6, 2004 Page 2 7. Clarification regarding the buffer requirements for the Residential Separation Buffers § 165- 37.C(1)(a)[2]. The submitted MDP states that existing woodlands would be utilized for the Residential Separation Buffers. The Zoning Ordinance states "A woodland strip of 50-feet may be allowed as a full screen" § 165-37.B(2). Yet, the submitted MDP only provides for a 25-foot buffer and requests the use of woodlands in leu of the required Full Screen. Please clarify if a 50-foot distance will be provided to accommodate the existing woodlands. § 165-141.B(10) 8. Clarification on the Community Center facility. The MDP indicates that the existing lake house will be utilized to satisfy the community center requirement. As discussed during our meeting, a notation regarding the total recreation units to be provided within the community center facility should be provided on the MDP. Additional details of the facility will be required on the Subdivision Design Plan. 9. Clarification on the Community Center access. The housing type in Phase 9, Single Family Small Lots, requires the provision of a community center in a configuration and location that is easily accessible to the dwelling units that they are designed to serve (§ 165-64.A). Therefore, the proposed community center must have appropriate access for the Phase 9 residents. Sole provision of access has been provided via an approximately 1,500 foot (almost one mile) mulched walking trail; this is not an appropriate sole means of access to a community center, nor does such access comply with ADA requirements. Provisions should be made to accommodate vehicular and ADA access to this facility during Phase 9 development. Please revise the MDP to reflect these discussed and agreed upon changes so that we might process the MDP. I would also note that during our discussion, you confirmed via a telephone call with Mr. Collins, that neither a revised Subdivision Design Plan nor revised plats have been submitted to the Planning Department for review since the beginning of June. These two documents (SDP and plats) will need to be revised to reflect the issues identified in previously issued review correspondence, as well as any changes included on the MDP. I looiforward to receiving the revised MDP, and processing this application. Thank you. Sin 'rely, q Eric . Lawrence, AICP Director of Planning cc: Stephen Collins, Jr., Eastern States Engineering, PO Box 651208, Sterling, VA 20165-1208 John R. Riley, Jr., County Administrator Lawrence Ambrogi, County Attorney Jim Doran, Director of Parks and Recreation 400 M. FILE COPY COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 June 4, 2004 Fu-Shep Farm Partnership 405 Briarmont Drive Winchester, Virginia 22601 RE: MASTER DEVELOPMENT PLAN #05-04 OF CHANNING DRIVE, PHASE 9 & 10 Property Identification Numbers (PINS): 55-A-209, 55-A-211, 55-A-213, 65-A-40 Dear Drs. Futral and Sheppard: The Frederick County Board of Supervisors declined to grant staff administrative approval authority for the above -referenced Preliminary Master Development Plan on May 26, 2004, based on the applicant's failure to submit the required materials to constitute a complete application, and their failure to comply with the Frederick County Zoning Ordinance. In order to proceed with this project, a completed application satisfying all review agency comments and ordinance requirements must be re- submitted for consideration. If you have any questions, please do not hesitate to call me. Sin rely, Eri R. Lawrence, AICP Director of Planning cc: -Toll VA IV L.P., 21630 Ridgetop Circle, Suite 130, Dulles, VA 20166 pastern States Engineering, 21630 Ridgetop Circle, Suite 130, Dulles, VA 20166 Forrester, Red Bud Magisterial District Supervisor John R. Riley, Jr., County Administrator 107 North Kent Street - Winchester, Virginia 22601-5000 COUNTY of FREDERI CIS Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 March 29, 2004 Manning & Ross Developers, LLC PO Box 27 Winchester, Virginia 22604 Lynnhaven LC 112 N Cameron Street Winchester, Virginia 22601 Fu-Shep Farm Partnership 405 Briarmont Drive Winchester, Virginia 22601 RE: Channing Drive Master Development Plan MDP #08-00 Dear Gentlemen: On March 23, 2004, the Frederick County Board of Supervisors adopted a resolution which pertains to the Channing Drive Master Development Plan. Specifically, the adoption of this resolution enables the three developers to proceed with Master Development Plan revisions, which would be reviewed independently of one another. However, I would note that the major collector road known as Channing Drive would need to be dedicated and its construction guaranteed prior to the approval of any of the master development plan revisions. The'adopted resolution has been attached for your information. Please contact me with questions concerning this letter. AICP Director Attachment: Resolution cc: /John R. Riley, Jr., County Administrator 107 North Kent Street • Winchester, Virginia 22601-5000 RESOLUTION OF THE FREDERICK COUNTY BOARD OF SUPERVISORS To consider individual master development plan revisions of Master °K c�°tip Development Plan #08-00 for Channing Drive, for the three developments within the 376-acre project, following the dedication and guarantee assuring W the construction of the road known as Channing Drive. ,ww Action: BOARD OF SUPERVISORS: March 23, 2004 lb APPROVED ❑ DENIED WHEREAS, Rezoning #15-99 of Channing Drive was submitted to rezone 354.3 acres from RA (Rural Areas) to RP (Residential Performance) and of 22.0 acres from RA (Rural Areas) to B2 (Business General) with the proffers submitted by the applicant. This property is located on the north side of Senseny Road (Route 657), on both sides of Bean's Pond Lane, and adjacent to the Bedford Village, Apple Ridge, Senseny Glen, and Carlisle Heights Subdivisions, and is identified with Property Identification Numbers 5 5-A-206, 209, 211, 213 & 65-A-30, 31, 39, 40 in the Red Bud Magisterial District. WHEREAS, Rezoning #15-99 of Charming Drive was adopted by the Frederick County Board of Supervisors on December 8, 1999, and WHEREAS, Master Development Plan #08-00 of Channing Drive was adopted by Frederick County on December 5, 2001 and such master development plan illustrated planned and coordinated land uses and infrastructure improvements for the entire 376-acre site, and WHEREAS, the current three development owners were parry to or have assumed the original Master Development Plan, which arose as a request of those three property owners and/or their predecessors, and WHEREAS, the County was requested to consider each development separately to enable revisions to the Master Development Plan by the individual developments, and WHEREAS, a key element of the Master Development Plan was the coordinated effort to construct Channing Drive as a major collector roadway, and WHEREAS, the dedication of Channing Drive and the guarantee of its construction would achieve an intent of the Proffered Conditions with the Rezoning; THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Frederick County would be amenable to consider individual master development plan revisions for the three developments within the 376-acre development project following the dedication and improvement guarantee for Channing Drive. Passed this 23rd day of March 2004 by the following -recorded vote: Richard C. Shickle, Chairman Aye Gary W. Dove Aye W. Harrington Smith, Jr. Aye Barbara E. VanOsten Aye Lynda J. Tyler Ave Bill M. Ewing Ave Gina A. Forrester Resolution No.: 054-04 Aye A COPWATE T John Rf qey', Jr. Frederi County Administrator • • 11 MDP # 05 - 04 // Fu-Shep h 3 m 2 assa 0 u r Nassar 55 A 181 55 A 210 Arcadia Development Co. Goldie's Inc. ti mQ 55 A 212 Haggerty 65 A 39 Manning & Ross 55 A 209 65 A 40 Fu - Shep Fu - Shep i 55 A 213 i Fu - Shep 65 A 195 r T " n Village 5E 1 openspace Riggleman r � n t r o i �o 0 e a � , sen r SQ se R m � r . Map Features Primary Roads Secondary Roads Terciary Roads Parcel Lines MDP#05-04 0 0.5 1 2 Miles N Created by Frederick County Department of Planning & Development This map is for general reference and is not to be construed as accurate. Locate actual property documents on file with the Frederick County Clerk's Office. s h • 0 • 11 MDP # 05 - 04 // Fu-Shep Map Features g Primary Roads Secondary Roads Terciary Roads {� Parcel Lines LJ 0 MDPH05-04 0 0.5 1 2 Miles N Created by Frederick County Department of Planning & Development This map is for general reference and is not to be construed as accurate. Locate actual property documents on file with the Frederick County Clerk's Office. S • 0 IMDP # 05 - 04 // Fu-Shep I 0Anm d Nassau or o � a 55 A 181 Arcadia Development 1 v 65 A 39 Manning & Ross 65 A 40 Fu -Shep 55 A 210 Goldie's Inc- \ A f211 Fu -S ep 55 A 212 Haggerty 55 A 213 C�, rr Fu - Shep nX 65 A 195 Riggleman 55 A 209 Fu - Shep -65E-4 velgn Village 4 openspace c� Of !yh'Ap �y O� to a g m Rol A cy00 Canyon Rd 5� nI °r9eW k ooa0� G, nil 9 Sens�yd a on a �� R� b SO Map Features - a3 Suva. hMiwl im.w� Pala) - BA (EvmM. wM.ou.q Pvm) • IE R6P�.� EUuoiun Mno) Q we pwaiw. �.�ad Pam) � ra ta..a.�me.a..aw co�aa.�ir Pam) � rumaya.a Po..o O aP m..e..m. 10-- 0 0.5 1 2 Miles N Created by Frederick County Department of Planning & Development This map is for general reference and is not to be construed as accurate. Locate actual property documents on file with the Frederick County Clerk's Office. S Rd I � L 7 l p`� 659 \ V 657 �J �C) J m l I I , . q1 08 Frederick County, Virginia Master Development Plan Application Package APPLICATION MASTER DEVELOPMENT PLAN Department of Planning and Development Use Only. Date application received `�1 q v Complete. Date of acceptance. Incomplete. Date of return. Application # 09 -OY 1. Project Title: 10 2. Owner's Name: � U - S i; P �"P<<Z M P PQ.`f'P c S?n P (Please list the names of all owners or parties in interest) 3. Applicant: —T DLL V N \ V L . P . Address: a 1U )Q IL\-D(neTGP .IILct C SM ITE 130 h�Ltt.S, `/N o`1C71Ul-y Phone Number: C1 02,) I -A ss- to a H �-I 4. Design Company: i' Rs"it5 t-yj S"-rk-l-ES ck)6 ► LDEE Q.-11J6 Address: a1�o30 1��DL TbP C1?-Cl-i . Su►Tu� )3C7 vLt-' V (a 001LDlp Phone Number: (I 03� WA 3— C -0 a 4 H Contact Name: S-TE P ItE ►J C. o L L ► P S Page 11 M 1p APR 2 9 2004 FREDERCKC'u' PLANNING & DEVE,, Frederick County, Virginia Master Development Plan Application Package APPLICATION cont'd MASTER DEVELOPMENT PLAN 5. Location of Property: Npmox, a�,MPT Q TA OP1}Yr 1"TQ_1---ECT10VD of Mv�t►.x-, C�LoQ.'�''�Q,•ty� (,fLT 140�� M.� SE1.:6E17f �� C.�T l��'��. Pti TIME NcRitiE�1J-(EEM�1� bC MOt IJt_U�� 6. ►.� 7. Total Acreage: ; 3 .5LI Rc- Pro ertylnformation• TM-aS-C�A»-a�� 'tM- 5-(cR�5-�i3 a) Property Identification Number (PIN): -TM - 65 -(Lk% _aOci b) Current Zoning: c) Present Use: d) Proposed Uses: ZgS �b E vir I t1, L- e) Adjoining Property Information: Property Identification Numbers North South F - C(3,) East TM- U5 -QC R»-'A5 West -rm - (P5 -(. C 3 9 0 Magisterial District: 8. Is this an original or amended Master Development Plan? Original _ Amended Property Uses Z,� S t� 1JTl Pal_ \/PI C N ►-n 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 land under single or common ownership. All required material will be complete prior to the submission f my aster development plan application. Signature. Date: Page 12 4 O v E� 6/3t,64 /6 w7v All E FOO APR 2 9 2004 FREEJER� �VELGPkTE1VT t r Frederick County, Virginia Master Development Plan Application Package Adjoining Property Owners MASTER DEVELOPMENT PLAN Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 1st floor of the Frederick County Administration Building, 107 North Kent Street. NAME ADDRESS / PROPERTY NUMBER Name Address 4;) Rkl,JG1U� Q 53 Property # o as W `�r�t Y,�een L�tlsiS�c cx �iV 1 vP L05C -((1» - 3� 0aL'0Q Me,�co 1�,c_• U0q C064Lr-cfRex.-61f� ,,� c- o U5r -(c� : o1't-:) t-A VOr1d er- -e,l\-O- S�1q�} O 1 ; me. \arm W� VOa (-05- - CC I )) - Sq L2o�c�C S pem� S k—J , io-I Prlry\krvS-R- VVA-r-A LJ,n A as (osr - C(1 >> - 35 1CPA I mer-0S-' - P1aC9— �,�-cc�» - S� P \ 0.C-A cc in -1-7 Page 18 5b IP f -7fttw mD 4pp , 2 9 2004 .N)Esr-K VETW ENT qr Frederick County, Virginia Master Development Plan Application Package Name C .Cj (.�C1� Address Property # 3 ✓✓ C�o1a, �S Lc \b c.1S vj,n C Edmoo-(-d �GJ Q ` nC-Q n M CD 1-1 3 55-- c c a->> — a, a a Sengen {C n�CA Psi CCCkAo. �e l� Me r}1- LLCe 0bvr VA O C:> l Cc Mo-nnN fl% vo Ise VA cv�aA 22 lO C 3 Page 19 APR 2 9 2004 r-RZRICK"' PLANN & 7 Civil Engineering, Land Surveying and Land Planning Services EASTERN STATES ENGINEERING August 5, 2004 Mr. Eric R. Lawrence, AICP Frederick County Dept. of Planning 107 North Kent Street Winchester, VA 22601-5000 Re: Channing Drive Phase 9 & 10 (Fu-Shep Property) 55-A-209, 55-A-211, 55-A-213, 65-A-40 Dear Mr. Lawrence: VIRGINIA DIVISION OFFICE P O Box 651208 Sterling, VA 20165-1208 (703)433-6285 FAX (703) 433-6204 pEEC WE EC 5 M 01 FREDERICK COUNTY PLANNING & DEVELOPMENT Please accept this letter as notification that as of August 2, 2004, it is no longer necessary to include the Fu-Shep Farm Partnership in correspondence between the county and engineer/developer in regards to the above listed project. This is due to the fact that on August 2, 2004, the developer, Toll VA IV L.P., purchased the parcels listed above in there entirety. Therefore, the Fu-Shep Farm Partnership no longer has an interest in the parcels. In the future please direct all correspondence to either myself, Mr. Lawson (council for Toll Brothers, Inc.), or Mr. Webb Koschene (Vice President, Toll Brothers, Inc.). Please do not hesitate to contact me if additional if additional information is required Sincerely, EASTERN STATES ENGINEERING, INC. Stephen S. Collins, Jr. P.E. Project Engineer cc: Mr. Webb Koschene, Toll Brothers, Inc. Mr. Thomas Lawson, Lawson & Silek Ms. Gina Forrester, Red Bud District Supervisor Corporate Office Regional Offices 2747 Philmont Avenue Brandywine Valley, PA Clinton, Huntingdon Valley, PA 19006 (610) 647-1162 (908) 6 8-5270 (215) 914-2050 EASTERN • SATES ENGINEERING P.O. Box 651208 Sterling, VA 20165-1208 (703) 433-6254+FAX (703) 433-6204 0 M�VUIEK ©IF To Frederick County -Planning Date August 5, 2004 Dept Address 107 North Kent Street Winchester, VA 22601 Project Charming Drive Phase 9 & 10 — Master Development Plan Revision Project # Attention Mr. Eric Lawrence Phone # 1 540-665-5651 WE ARE SENDING YOU: ® Attached ❑ Under separate cover VIA: ❑ US Mail ® Courier/Delivery ❑ Overnight Carrier ❑ Interoffice Mail ❑ Pick-up THE FOLLOWING ITEMS: ❑ Shop drawings ❑ Prints ® Plans ❑ Disk ❑ Specifications ❑ Samples ❑ Copy of letter ❑ Change order ❑ Other COPIES DATE NO. DESCRIPTION 20 8/OS/03 2 Channing Drive Phase 9 & 10 Revised Master Development Plan THESE ARE TRANSMITTED: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution ® As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ❑ ❑ FORBIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS Eric, Attached are the revised copies of the MDP as required by the August 4, 2004, court hearing for the August 11, 2004 Board of Supervisors meeting. If you need any additional information please contact me. Thank y E C l5 2 I111 SIGNED DU STEPHEN S. COLLINS , P.E. EASTERN STATES ENGINEERING, INC. RUG 5 2004 DA�E/TIME:( v,'qo FREDERICK COUNTY If 1 DRAFT Ak MASTER DEVELOPMENT PLAN - CHANNING DRIVE, PHASES 9 & 10 - DENIED Director Lawrence appeared before the Board on behalf of this item He advised that it had been presented to the Board at its May 26, 2004 meeting. During that meeting it was noted that there were a number of outstanding issues relative to the zoning ordinance, as well as discrepancies in the plan being reviewed by the Board and the plan being presented by the applicant. The Board voted to deny the master development plan. The County and the applicant went to court on June 15, 2004. The Court found that the applicant could present a revised plan to the Board at the July 14, 2004 meeting if it was received by the County on or before July 7, 2004. Director Lawrence advised that there were three significant outstanding issues: riparian buffer, residential buffer, and community center. He stated that only the riparian buffer had been addressed. He went on to say that staff felt the County and the applicant had reached agreement on a plan that could be adopted, but the plan received on July 7, 2004 was not it because it was short of satisfying the ordinance requirements. Director Lawrence explained that there were two significant deficiencies: the residential buffer and the community center. He explained that staff was asking the applicant to provide 22.3 recreational units and that information must be shown on the master development plan. Supervisor Tyler asked if the Frederick County Sanitation Authority issues had been addressed. Director Lawrence responded that the review agencies comments had been satisfied, with the exception of Planning and Parks and Recreation. Ty Lawson, Lawson & Silek, appeared before the Board on behalf of the applicant. He reminded the Board of the presentation he gave at the May 26, 2004 meeting, which showed the -1- 6 quality of the project as well as the extra trails. He advised that this proposed development was less dense than the original plan, which permitted 293 units. He stated that this proposal called for 220 units. He then cited the sections of the zoning ordinance that pertained to the master development plan requirements, more specifically the riparian buffer requirement, residential buffer requirement, and community center requirement. Mr. Lawson informed the Board that the applicant had been accused of turning in plans that were not complete, which was not the case. He further advised that the applicant was annoyed by last minute changes that staff required to the plans. He went on to say that the applicant has been accused of trying to circumvent the approval process. Mr. Lawson presented the Board with a tabbed notebook that showed the submittal history of the project. He cited the section which depicted staff comments and the applicant's responses. Mr. Lawson then reviewed the chronological history of the project. He cited a June 11, 2004 letter from the County Attorney outlining the outstanding issues. The applicant prepared a revised master development plan, dated June 30, 2004, and hand delivered it to staff. This plan was revised and submitted to staff on July 7, 2004. He cited additional items that were required beyond the three outstanding issues. They included revisions to lot landscaping and revisions to the riparian buffer. Mr. Lawson stated that portions of the proffers have been xeroxed and attached to the master development plan. Mr. Lawson advised that the applicant received a letter dated July 6, 2004 that listed nine outstanding master development plan items. Mr. Lawson submitted that the applicant has fully complied with the outstanding issues. He stated that the riparian buffer was larger than 35 feet. The community center was shown on the plan as a rectangle. The plan also showed the proposed driveways and parking, along with additional text. With regard to the residential separation buffer, Mr. Lawson stated -2- • • • that the applicant had put in a 25-foot perimeter residential buffer and emphasized that this was done per court order. Regarding the community center, staff advised the applicant that it was inappropriate and not clearly depicted and that the required recreational units were not attached. Mr. Lawson stated that the ordinance does not require the number of recreational units to be shown. He stated that he was also concerned about all of the talk about small lots, as the applicant does not have 5,000 square foot lots on their plans. He stated that the applicant was not required to show these recreational units and had submitted subdivision plans that confirm this. Mr. Lawson cited Dogwood Landing as an example of a small lot development that was not required to have community center. Mr. Lawson stated that it had been more than two years ago, at the beginning of this project, that the applicant appeared before the Board and offered to build all of Channing Drive and Canyon Drive. All the applicant asked for in return was access to this development through Morning Glory and Canyon Drive. This offer was not accepted. He stated that the applicant has worked with the community. He concluded by submitting, for the record, copies of all plans, comments, and subdivision plans that have been filed to date. Chairman Shickle asked Mr. Lawson, when he stated that he "assumed these were the ordinance sections being cited by staff", if he was unclear on the specific sections or if he did not mean for the statement to sound that way. Mr. Lawson responded that the applicant had satisfied the minimum requirements and had gone above and beyond what was required. Chairman Shickle asked Mr. Lawson if he was sure that staff was asking the applicant to comply with the ordinance sections that he cited during his presentation. Mr. Lawson responded by saying that the applicant had satisfied the riparian buffer -3- requirement. He went on to say that he had not been given a memo that outlined the specific sections to which they must comply. Chairman Shickle asked Mr. Lawson, in light of not receiving a letter, if he had asked questions of staff regarding which sections addressed the outstanding issues. Mr. Lawson responded by saying that there had been a lot of communication back and forth, some of which cited specific sections. He felt the community center discussion had "gone far afield" from what was required in the ordinance. Mr. Lawson stated that the applicant was proposing a 50 foot tree save area on portions of the property in order to preserve existing mature trees. He went on to say that the applicant had satisfied the ordinance and that the Board was the body that needs to confirm that. Supervisor Riley reminded the Board that the riparian buffer issue had been resolved, therefore, the Board was down to two issues to resolve. report. Supervisor Forrester referred to the proffer summary on page 7 of the Planning Staff Director Lawrence advised that the applicant had provided a copy of the proffers. Supervisor Forrester asked why the per lot monetary contribution was not on the plan. Director Lawrence advised that these issues were to be put on the master development plan so they did not have to be discussed again. He advised that this issue had been partially addressed. He went on to say that he sat down with Mr. Lawson on July 2, 2004 to go over the revised plan. Director Lawrence felt there were issues to be clarified and he followed up the meeting with a letter citing the appropriate code sections. He went on to say that part of the discussion addressed the riparian buffer and he felt a lot of the other areas of discussion could be -4- t • • clarified if the applicant read the code sections. Director Lawrence thought this application could move on to the subdivision phase, if the community center and residential buffer issues could be resolved. He informed the Board that the Planning Commission recommended approval on May 19, 2004 but were hesitant to do so because they had outstanding concerns. He advised when the Board approves this plan staff would continue to work with the applicant to address outstanding comments. He concluded by saying if the applicant would address these two issues staff would be comfortable "getting this out of the Board's arena". Administrator Riley asked Director Lawrence if the 50 foot separation buffer met the intent of the ordinance. Director Lawrence responded that he had asked the applicant to use a natural buffer and advised that they could eliminate the 25-foot requirement and use a 50-foot buffer if they were using natural woodlands. Administrator Riley asked if there was a requirement for recreation units. Director Lawrence responded yes the applicant needed to provide the number required by the ordinance. Chairman Shickle advised that there was a lot of discrepancy and asked how these issues could be put to rest. He asked, if the applicant submitted a plan, could the county hold them to it. Director Lawrence responded that the zoning ordinance says if an applicant uses single family small lots then they have to show a community center. He advised that this master development plan revision would be for single family small lots. Chairman Shickle asked Mr. Lawson to respond. -5- • 0 Mr. Lawson advised that he appreciated Director Lawrence's comments regarding the proffers. The original master development plan had a summary of the proffers and he advised that the applicant could affix the proffers to the revised master development plan. Mr. Lawson went on to say that the buffer text was not clear; however, he believed it was clear on the plan. He stated that whatever the Board wanted on the plan, the applicant would put it on there. He advised that he would scratch the 25-foot buffer language from the plan this evening. With regard to the recreation units, Mr. Lawson believed staff was not referring to the master development plan requirements, but was referring to zoning ordinance section 165-64 Recreation Facilities. Director Lawrence advised that the applicant could not opt out of the requirement, even if the proposed small lot subdivision lots would exceed 5,000 square feet. He went on to say that if the applicant had issues with the interpretation of the zoning ordinance, then that issue needed to go to the Board of Zoning Appeals. Mr. Lawson again cited Dogwood Lane as a development similar to the applicant's. He stated that for master development plan purposes he believed the applicant had more than complied. Chairman Shickle stated that there did not appear to be any issues that could not be worked out. Supervisor Forrester advised that she had all of the confidence in Director Lawrence's interpretation of the ordinance and if there were outstanding issues the Board had to be comfortable with his recommendation. Upon a motion by Supervisor Forrester, seconded by Supervisor Tyler, the Board denied .M i E E Master Development Plan 05-04 based upon the applicant's failure to meet the requirements of the Zoning Ordinance. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Barbara E. Van Osten Aye Gary W. Dove Aye Bill M. Ewing Aye Gina A. Forrester Aye W. Harrington Smith, Jr. Aye Lynda J. Tyler Aye Supervisor Forrester stated that she hoped the applicant would speak with the people involved in this project. -7- 0 • Civil Engineering, Land Surveying and Land Planning Services EASTERN STATES ENGINEERING August 5, 2004 Mr. Eric R. Lawrence, AICP Frederick County Dept. of Planning 107 North Kent Street Winchester, VA 22601-5000 Re: Channing Drive Phase 9 & 10 (Fu-Shep Property) 55-A-209, 55-A-211, 55-A-213, 065-A-40 Dear Mr. Lawrence: VIRGINIA DIVISION OFFICE n n P O Box 651208 V ^ Sterling, VA 20165-1208 (703) 433-6285 FAX (703) 433-6204 Please accept this letter as notification that as of August 2, 2004, it is no longer necessary to include the Fu-Shep Farm Partnership in correspondence between the county and engineer/developer in regards to the above listed project. This is due to the fact that on August 2, 2004, the developer, Toll VA IV L.P., purchased the parcels listed above in there entirety. Therefore, the Fu-Shep Farm Partnership no longer has an interest in the parcels. In the future please direct all correspondence to either myself, Mr. Lawson (council for Toll Brothers, Inc.), or Mr. Webb Koschene (Vice President, Toll Brothers, Inc.). Please do not hesitate to contact me if additional if additional information is required Sincerely, EASTERN STATES ENGINEERING, INC. Stephen S. Collins, Jr. P.E. Project Engineer cc: Mr. Webb Koschene, Toll Brothers, Inc. Mr. Thomas Lawson, Lawson & Silek Ms. Gina Forrester, Red Bud District Supervisor Corporate Office Regional Offices 2747 Philmont Avenue Brandywine Valley, PA Clinton, NJ Huntingdon Valley, PA 19006 (610) 647-1162 (908) 638-5270 (215) 914-2050 07/14/2004 14:36 5404598670 BRADLEY G POLLACK. PAGE 01 bpoU--kV4mjmj.nct BRADLEY G. POLLACg VIA FACSIMILE TO 540-535-0533 ATTORNEY AT LAW 148 NORTH RAIN STREET WOODSrocx. moINZA 8Ee64 (640) 469-9600 F.►X: (540) 459-8670 July 14, 2004 Mr. Dan Busby President Sensen.y Glen Homeowners Association, Inc. P.O. Box 2643 Winchester, VA 22604 Re: Fu-Shep Development Dear Mr. Busby: Thank you for retaining me to address your Association's concerns regarding the neighboring Fu-Shep Development. When the proposed amendment of the zoning ord.inaziceiwas scheduled for a hearing, written notice of the hearing was required by Virginia Code § 15.2-2204 to be given by the local planning commission, or its representative, at least Five days before the hearing to the owners of all abutting property. It is my understanding that your Association was an owner of a considerable amount of abutting property but that no notice was provided to your Association. The failure to provide notice to Senseny Glen deems the rezoning void ab inirio. Glazebrook v. Board of Supervisors 266 Va. 550, 587 S.E.2d 589 (2003). If the rezoning is void, then no Master Development Plan can be approved because the Master Development Plan must comply with zoning. Please understand that, if necessary, the Association still has time to ask the Frederick Circuit Court to recognize the invalidity of the rezoning. Kole v. City of Chesapeake, 247 Va. 51, 571439 S.E.2d 405, (1994). Sincerely, B adleyYG.ollack cc: Thomas Moore Lawson, Esquire 0 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC MEETING June 30, 2004 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNERS(S) RE: MASTER DEVELOPMENT PLAN 405-04 OF CHANNING DRIVE, PHASES 9 AND 10 FU-SHEP PROPERTIES On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public meeting being held on Wednesday, July 14, 2004 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 #05-04 of Channing Drive, Phases 9 and 10, Fu-Shep Properties, submitted by Eastern States Engineering, for 220 total dwelling units consisting of 149 single-family small lot dwelling units and 71 multiplex dwelling units. The property is located at the northern terminus of Morning Glory Drive (Route 1400) and Canyon Road, approximately 2,300 feet north of Senseny Road (Route 657), and is identified with Property Identification Numbers 55-A-209, 55- A-211, 55-A-213 and 65-A-40, 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. Infornlation regarding this application will also be available via the Planning Department's Web Page at www.co.frederick.va.us. Sincerely, Jeremy F. Camp Planner II JFC/bad 107 North Kent Street - Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning & Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 k% ;4802 • COPS OF FREDERICK t of Geographic Information Systems (540) 665-5614, (540)-665-5606 Fax: (540) 545-7086 August 13, 2004 Eastern States Engineering Virginia Division Office Attn: Stephen Collins, P.E. Project Engineer P.O. Box 651208 Sterling, VA 20165-1208 Mr. Collins, I was able to work with the local developer to resolve the conflict of road names within the Sovereign Village Section III and Channing Drive Phase 9 & 10 subdivisions. The road names Bentpath and Thompson are still approved and reserved for use in Channing Drive Phase 9 & 10. County Dept. of GIS cc: Mark Cheran, Zoning Administrator, Frederick County Dept. of Planning and Development 107 North Kent Street, Winchester, Virginia 22601-5000 • EASTERN STATES ENGINEERING P.O. Box 651208 Sterling, VA 20165-1208 (703) 433-6254+FAX (703) 433-6204 ILIEVVIEM ' I E C E 9 nn To Frederick County - Planning Date September 20, 2004 Dept. Address 107 North Kent Street Project Charming Drive Phase 9 & Winchester, VA 22601 10 — Final Master Development Plan Project # Attention Mr. Eric Lawrence Phone # 540-665-5651 WE ARE SENDING YOU: ® Attached ❑ Under separate cover VIA: ❑ US Mail ® Courier/Delivery ❑ Overnight Carrier ❑ Interoffice Mail ❑ Pick-up THE FOLLOWING ITEMS: ❑ Shop drawings ❑ Prints ® Plans ❑ Disk ❑ Specifications ❑ Samples ❑ Copy of letter ❑ Change order ❑ Other COPIES DATE NO. DESCRIPTION 5 9/20/04 2 Channing Drive Phase 9 & 10 Final Master Development Plan THESE ARE TRANSMITTED: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution ® As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ❑ ❑ FOR BIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS Eric, Attached are 5 copies of the Final MDP from August 9, 2004, per our phone conversation and your letter dated September 8, 2004 for your signature. If you need any additional copies please contact me at 703-433-6244. SIGNED STEPHEN S. COLLINS JR., P.E. EASTERN STATES ENGINEERING, INC. RECEIVED BY: DATE/TIME: I • . G% ZC� If enclosures are not as noted, kindly notify us at once. TRANSMISSION VERIFICATION REPORT TIME 09/17/2004 14:06 NAME FRED CO PLANNING DEP FAX 5406656395 TEL 5406655651 SER.0 BROC2J178677 DATE DIME 09/ 17 14: 05 FAX NO./NAME 917034336204 DURATION 00:00:34 PAGE(S) 02 RESULT OK MODE STANDARD ECM COUNTY of FREDERICK Department of Planning and Development 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Telephone: 540/665-5651 FAX:540/665-6395 FAX TRANSMISSION TO: han 11►r15 COMPANY: s4yy\ iYl'0Ar;� J FAX 4: 3 'A3 J a v { Date: q Number of Pages (including cover sheet) _ 0 COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 September 8, 2004 Stephen Collins, Jr. P.E. Project Engineer Eastern States Engineering, Inc. PO Box 651208 Sterling, Virginia 20165-1208 RE: Channing Drive 9 & 10 - Final Master Development Plan Dear Stephen: I am in receipt of the above referenced plan, five copies of which were submitted to the planning department on September 2, 2004 for approval. In reviewing the submitted plan, it is not consistent with the plan previously, submitted to the department on August 9, 2004, and which the Board of Supervisors reviewed and for which staff was granted administrative approval authority during the Board's August 12t" meeting. The plan which the Board of Supervisors has reviewed and granted staff with administrative approval authority was signed by the property owner on August 9, 2004, and received by the planning department that same day. Please re -submit five copies of this August 9, 2004 plan for approval Please ccRtact me with questions. Eri R. Lawrence, AICP Planning Director ERL/bad Attachments cc: Lawrence Ambrogi, County Attorney John R. Riley, Jr., County Administrator 107 North Kent Street o Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning and Development 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Telephone: 540/665-5651 FAX:540/665-6395 FAX TRANSMISSION TO: COMPANY: &4ev 6-1o,�4 Eno `✓(, Ct FAX #: -1O 2) 1413 a 0 �I J Remarks: Date: '-f ( 1 -) 1 Qq Number of Pages (including cover sheet) v� From the desk of: & c. U)-Wr2y)Lt • COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC MEETING June 30, 2004 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: MASTER DEVELOPMENT PLAN #05-04 OF CHANNING DRIVE, PHASES 9 AND 10 FU-SHEP PROPERTIES On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public meeting being held on Wednesday, July 14, 2004 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 #05-04 of Channing Drive, Phases 9 and 10, Fu-Shep Properties, submitted by Eastern States Engineering, for 220 total dwelling units consisting of 149 single-family small lot dwelling units and 71 multiplex dwelling units. The property is located at the northern terminus of Morning Glory Drive (Route 1400) and Canyon Road, approximately 2,300 feet north of Senseny Road (Route 657), and is identified with Property Identification Numbers 55-A-209, 55- A-211, 55-A-213 and 65-A-40, 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, ��q- - l_ sz--,,� Jeremy F. Camp Planner II JFC/bad 107 North Kent Street • Winchester, Virginia 22601-5000 was ed to the g on Thus is to certi that the attached correspondence nt of Planningland Development Frederick �®c9 om the De artme _ p - — -- County, Vug 65E 1 36 -- -- --- ---- --- - _ -_---- - MARTIN, BONNIE L - - - MROSE PL I 65 - A- - 40- FU-SHEP FARM PARTNERSHIP 405 BRIARMONT OR 22601.3701 WINCHESTER, VA 65E-1--31- WILLIAMS, KENNETH E. & FLONNIE M. W310S428 MAPLE AVE 53188.9448 WAUKESHA, WI 65E - 1- - 32- LADESIC, RONALD W & KATHLEEN 158 MORNING GLORY OR 22602 6726 WINCHESTER, VA. 65E - 1- - 33 SCHOELL, ROBERT A & KIMBERLY L 103 PRIMROSE PL 22602.6732 WINCHESTER, VA 65E -1- - 34- EDENS, RICHARD A & KAY N 105 PRIMROSE PL WINCHESTER, VA 22602.6732 65E -1- - 35- ROGERSON, DAVID LEE 107 PRIMROSE PL 22602 WINCHESTER, VA 109 PH 22602 6732 WINCHESTER, VA 65E - 1- - 37- BEAVERS, JEFFERY M & MELINDA AUDRIE 111 PRIMROSE PL 22602 6732 WINCHESTER, VA 65E - 1- - 38- EYRE, CHRISTOPHER & MARLISA 113 PRIMROSE PL WINCHESTER,VA 22602.6732 55 - A- - 210- GOLDIE'S, LC 249 GLENRIDGE OR 22602 WINCHESTER, VA 55 - A. - 212- HAGGERTY, JOHN S TRUSTEE & EDWARD D 5 PARTRIDGE LN LINCOLN, MA 01773.1803 J my F. Camp, Plann r II Frederick Co. Planning Dept• STATE OF VIRGIlSIA COd CountY UNTY OF FgEDERICK o a Notary Public in and for then of Plaanning and I' that eremy F. Camp, Planner lI for the ep aforesaid, d ereby certify dated ® ,has Development, whose name is signed to the foregoing, tate and County aforesaid. personally appeared before me and acknowledged the same m my Given under my hand this day of My commission expires on M o VET 65 - A- - 181- MARTIN, CHESTER E. JR. 46 • t> k 901 SULPHUR SPRING RD WINCHESTER, VA. 22602-6555 65 - A- - 39- MANNING & ROSS DEVELOPERS, LLC PO BOX 27 WINCHESTER, VA 22604.0027 65F - 3- 3. 86- VOELKEL, ROBERT ERIC & KAREN V 312 CANYON RD WINCHESTER,VA 22602 65E - 1- - C- APPLE RIDGE HOMEOWNERS ASSOC CIO DOMINION ASSOC GROUP II 9105 OWENS DR MANASSAS PARK, VA 20111.4802 Eastern States Engineering 21630 Ridgetop Circle, Ste. 130 Dulles, VA 20166 i PPu(:�Axv A, I Frederick County, Virginia Master Devc TO: Barbara - Data Processing FROM: Bev - Planning Dept. Please Please print sets o A P labels by: TXWS!!1 Adjoining Property Owners MASTER DEVELOPMENT PLAN Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 1st floor of the Frederick County Administration Building, 107 North Kent Street. 12108191 ADDRESS / PROPERTY NUMBER Name �Lenr�a l:. F1onn; e_ M. W,1\,am Address ya UJau Property # L � (C ( �5 � -Ct ►» -- 3a .� aa�a Vorid er -tVt- t ; me.. No c.rL 101 V A )9tPQa 3"37 P\ c&C-A (cl� -3"7 Page 18 *ZrJ 4P M Frederick County, Virginia Master Development Plan Application Package O-k-- Name (� M`GcrUe L Address Wirya- Property # J✓ CD O 1CA 7 2-S \� OS � �S-C- D1 a. JJ a Sen%end (zoc, cA lL Pi(- CC C�-A a \JQ0CY Meter ��C- r bar VA 55-cc c�5n— LO C r\ c. Page 19 ,i I/ COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC MEETING May 12, 2004 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: MASTER DEVELOPMENT PLAN #05-04 OF CHANNING DRIVE, PHASES 9 AND 10 FU-SHEP PROPERTIES On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public meeting being held on Wednesday, May 26, 2004 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 #05-04 of Channing Drive, Phases 9 and 10, Fu-Shep Properties, submitted by Eastern States Engineering, for 220 total dwelling units consisting of 149 single-family small lot dwelling units and 71 multiplex dwelling units. The property is located at the northern terminus of Morning Glory Drive (Route 1400) and Canyon Road, approximately 2,300 feet north of Senseny Road (Route 657), and is identified with Property Identification Numbers 55-A-209, 55- A-211, 55-A-213 and 65-A-40, 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.fred.va.us. Sincerely, Jeremy F. Camp Planner II JFC/bad 107 North Kent Street • Winchester, Virginia 22601-5000 to is to certify that the attached correspondence was annimailed Development, following d nc T�s � �� om the Department of g � ( 65E - I- - 36- County, gima- ___ MARTIN, BONNIE L ---- ---------------- 65E - 1- - 31- WILLIAMS, KENNETH E. & FLONNIE M. I 109 PRIMROSE PL W31 OS428 MAPLE AVE WINCHESTER, VA 22602.6732 WAUKESHA, WI 53188-9448 65E . 1- - 37 JEFFERY M & MELINDA AUDRIE 65E . 1- - 32- BEAVERS, LADESIC, RONALD W & KATHLEEN 'I 111 PRIMROSE PL WINCHESTER, VA 22602.6732 158 MORNING GLORY OR WINCHESTER, VA. 22602.6726 l 55 - A.. 210- GOLDIE'S, LC 65E . 1• • 33- SCHOELL, ROBERT A & KIMBERLY L 310 EDDYS LN 103 PRIMROSE PL WINCHESTER, VA 22602.7915 WINCHESTER, VA 22602.6732 65E 1 34 55 - A. . 212- HAGGERTY, JOHN S TRUSTEE & EDWARD D EDENS, RICHARD A & KAY N 5 PARTRIDGE LN LINCOLN, MA 01773.1803 105 PRIMROSE PL WINCHESTER, VA 22602.6732 65 - A. -195 RIGGLEMAN, LISA ANN & MILDRED L 65E - 1. • 35- ROGERSON, DAVID LEE 2737 SENSENY RD 107 PRIMROSE PL WINCHESTER, VA 22602.8929 WINCHESTER,VA 22602 65E • 1• • 38- EYRE, CHRISTOPHER & MARLISA 113 PRIMROSE PL WINCHESTER, VA 22602.6732 t Je y F. Camp, Tanner II -- ---- — - --- -- - - - - - - - Frederick CO. Planning Dept. STATE OF V1RG'n COUNTY OF FREDERICK a Notary Public in and for the State and County I, Planner 11 for *thD ent of Planning and do ereby certify that 7e my F. Camp, has aforesaid, g g datedDevelopment, whosenameissigned to the fore oin , d County aforesaid. personally appeared before me and acknowledged the same in my Given under my hand this/ by of � my commission expires on . 4OTA ..,�. 't-') vj(�K 55 -A- -181- ARCADIA DEVELOPMENT CO PO BOX 5368 SAN JOSE, CA 95150 65 - A- - 39- MANNING & ROSS DEVELOPERS, LLC PO BOX 27 WINCHESTER, VA 22604.0027 65F - 3- 3. 86- VOELKEL, ROBERT ERIC & KAREN V 312 CANYON RD WINCHESTER, VA 22602.7028 65E - 1- - C- APPLE RIDGE HOMEOWNERS ASSOC CIO DOMINION ASSOC GROUP II 9105 OWENS DR MANASSAS PARK, VA 20111.4802 65 - A- - 40- FU-SHEP FARM PARTNERSHIP 405 BRIARMONT DR WINCHESTER, VA 22601.3701 Eastern States Engineering 21630 Ridgetop Circle, Ste. 130 Dulles, VA 20166 10 wpp t-' f-pPZ--c COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC MEETING May 5, 2004 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: MASTER DEVELOPMENT PLAN #05-04 OF CHANNING DRIVE, PHASES 9 AND 10 FU-SHEP PROPERTIES On behalf of the Frederick County Planning Commission, you are hereby notified of a ,public meeting being held on Wednesday, May 19, 2004 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 #05-04 of Channing Drive, Phases 9 and 10, Fu-Shep Properties, submitted by Eastern States Engineering, for 220 total dwelling units consisting of 149 single-family small lot dwelling units and 71 multiplex dwelling units. The property is located at the northern terminus of Morning Glory Drive (Route 1400) and Canyon Road, approximately 2,300 feet north of Senseny Road (Route 657), and is identified with Property Identification Numbers 55- A-209, 55-A-211, 55-A-213 and 65-A-40, 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.fred.va.us. Sincerely, A"'�' -/' Jeremy F. Camp Planner II JFC/bad 107 North Kent Street • Winchester, Virginia 22601-5000 to the is to certify that the attached correspondence l� n�landDev Development, following This from the Department of P g County, Virginia: - - _ _ _ I 65E 1 36- MARTIN, BONNIE L 65E -1- - 31- - WILLIAMS, KENNETH E. & FLONNIE M. 109 PRIMROSE PL i W31OS428 MAPLE AVE WINCHESTER, VA 22602.6732 WAUKESHA, WI 53188.9448 j 65E-1•-37 BEAVERS, JEFFERY M & MELINDA AUDRIE 65E . 1- • 32• l LADESIC, RONALD W & KATHLEEN 111 PRIMROSE PL 158 MORNING GLORY DR WINCHESTER, VA 22602.6732 WINCHESTER, VA. 22602.6726 - -- 55 . A- - 210- 65E - 1- - 33• GOLDIE'S, LC SCHOELL, ROBERT A & KIMBERLY L 103 PRIMROSE PL 310 EDDYS LN WINCHESTER, VA 22602.6732 WINCHESTER, VA 22602.7915 �. 534 6E 1 55 - A• . 212- HAGGERTY, JOHN S TRUSTEE & EDWARD D ENS, RICHARD A & KAY N 5 PARTRIDGE LN 105 PRIMROSE PL LINCOLN, MA 01773.1803 WINCHESTER, VA 22602.6732 65 - A- -195• RIGGLEMAN, LISA ANN & MILDRED L 65E 1 35 ROGERSON, DAVID LEE 2737 SENSENY RD 107 PRIMROSE PL WINCHESTER, VA 22602.8929 WINCHESTER,VA 22602 - EYRE,.CHRISTOPHER & MARLISA lanner II 113 PRIMROSE PL Jere F. Camp, WINCHESTER, VA 22602.6732 i FrPae, ick Co. Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK a Notary Public in and for the State and County I, planner II for the Department of Planning and aforesaid, do hereby certify that Jeremy F. CPS dated , has Development, whose name is signed to the foregoing, State and County aforesaid. personally appeared before me and acknowledged the same in my Given under my hand this ------- _____ day of My commission expires on NOTARY PUBLIC a.. 55 - A• - 181- • ARCADIA DEVELOPMENT CO PO BOX 536E SAN JOSE, CA 95150 65 - A- - 30- MANNING & ROSS DEVELOPERS, LLC PO BOX 27 WINCHESTER, VA 22604.0027 65F - 3- 3- 86- VOELKEL, ROBERT ERIC & KAREN V 312 CANYON RD WINCHESTER, VA 22602.7028 65E - 1- - C- APPLE RIDGE HOMEOWNERS ASSOC CIO DOMINION ASSOC GROUP II 9105 OWENS DR MANASSAS PARK, VA 20111.4802 65 • A- - 40- FU-SHEP FARM PARTNERSHIP 405 BRIARMONT DR WINCHESTER, VA 22601.3701 Eastern States Engineering 21630 Ridge Top Circle, Ste. 130 Dulles, VA 20166 • 0 M FILE Copy COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 July 30, 2004 Fu-Shep Farm Partnership 405 Briarmont Drive Winchester, Virginia 22601 RE: MASTER DEVELOPMENT PLAN #05-04 OF CHANNING DRIVE, PHASE 9 & 10 Property Identification Numbers (PINS): 55-A-209, 55-A-211, 55-A-213, 65-A-40 Dear Drs. Futral and Sheppard: The Frederick County Board of Supervisors declined to grant staff administrative approval authority for the above -referenced Preliminary Master Development Plan on July 14, 2004, based on the applicant's failure to comply with the Frederick County Zoning Ordinance. In order to proceed with this prof ect, a completed application satisfying all review agency comments and ordinance requirements must be re -submitted for consideration. If you havg any questions, please do not hesitate to call me. Eri jR. Lawrence, AICP Director of Planning cc: —Toll VA IV L.P., 21630 Ridgetop Circle, Suite 130, Dulles, VA 20166 stern States Engineering, 21630 Ridgetop Circle, Suite 130, Dulles, VA 20166 Ana Forrester, Red Bud Magisterial District Supervisor 01n R. Riley, Jr., County Administrator ERL/bad 107 North Kent Street • Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 6, 2004 Thomas Lawson, Esquire Lawson and Silek, P.L.C. PO Box 2740 Winchester, Virginia 22604 RE: Channing Drive, Phases 9 and 10 Master Development Plan Dear Mr. Lawson: Thank you for meeting with Jim Doran, Director of Frederick County Department of Parks and Recreation, and me on July 2, 2004, to review your recently revised Master Development Plan for the Channing Drive, Phases 9 and 10 (dated June 30, 2004). During this meeting, we reviewed, discussed, and achieved agreement as to what items should appear on the MDP to comply with the County's Code requirements. As we discussed, once these ordinance requirements are clarified and satisfied, the MDP will be suitable for approval. Specifically, we agreed that the MDP would be revised to include: Sheet 1 of 2 1. Typical Lot Landscaping for Multiplex housing types. The MDP currently contains the landscaping details for the single family small lots, but no detail has been provided for the multiplex lots. 2. Clarification regarding the buffer requirements for the Residential Separation Buffers §165- 37.C(1)(a)[2]. The submitted MDP states that existing woodlands would be utilized for the Residential Separation Buffers. The Zoning Ordinance states "A woodland strip of 50-feet may be allowed as a full screen" § 165-37.B(2). Yet, the submitted MDP only provides for a 25-foot buffer and requests the use of woodlands in leu of the required Full Screen. Please clarify if a 50-foot distance will be provided so that you might be able to utilize the existing woodlands provision §165-141.B(10) 3. Statement regarding the number of recreation units that are required by ordinance, and the number of recreation units to be provided in the development. § 165-141.B(9) and § 165-64.A These recreation units are the basis for determining the required Community Center's amenities. As we discussed, a total of 22.3 recreation units will be required for Phases 9 and 10. [Phase 9 contains 149 single family small lots which requires five recreation units plus a community center equivalent to 14.9 recreation units. Phase 10 contains 71 multiplex units which requires 2.4 recreation units.] 4. Notation regarding dates of any revisions to the MDP. § 165-141.A(7) Sheet 2 of 2 5. Copies of the recorded proffers applicable to the project. This should include copies of pages 1 and 2 of the recorded proffer statement (BK954PG1546 and BK954PG 1547); currently these two pages have been omitted from inclusion on the MDP. 6. Thirty five-foot Riparian Buffers, measured outward from both sides of a natural waterway beginning along the slope of the ground from the channel scar line. 107 North Kent Street - Winchester, Virginia 22601-5000 .i 0 Thomas Lawson, Esquire July 6, 2004 Page 2 7. Clarification regarding the buffer requirements for the Residential Separation Buffers § 165- 37.C(1)(a)[2]. The submitted MDP` states. that existing woodlands would be utilized for the Residential Separation Buffers. The Zoning Ordinance states "A woodland strip of 50-feet may be allowed as a full screen" § 165-37.B(2). Yet, the submitted MDP only provides for a 25-foot buffer and requests the use of woodlands in leu of the required Full Screen. Please clarify if a 50-foot distance will be provided to accommodate the existing woodlands. §165-141.B(10) 8. Clarification on the Community Center facility. The MDP indicates that the existing lake house will be utilized to satisfy the community center requirement. As discussed during our meeting, a notation regarding the total recreation units to be provided within the community center facility should be provided on the MDP. Additional details of the facility will be required on the Subdivision Design Plan. 9. Clarification on the Community Center access. The housing type in Phase 9, Single Family Small Lots, requires the provision of a community center in a configuration and location that is easily accessible to the dwelling units that they are designed to serve (§ 165-64.A). Therefore, the proposed community center must have appropriate access for the Phase 9 residents. Sole provision of access has been provided via an approximately 1,500 foot (almost one mile) mulched walking trail; this is not an appropriate sole means of access to a community center, nor does such access comply with ADA requirements. Provisions should be made to accommodate vehicular and ADA access to this facility during Phase 9 development. Please revise the MDP to reflect these discussed and agreed upon changes so that we might process the MDP. I would also note that during our discussion, you confinned via a telephone call with Mr. Collins, that neither a revised Subdivision Design Plan nor revised plats have been submitted to the Planning Department for review since the beginning of June. These two documents (SDP and plats) will need to be revised to reflect the issues identified in previously issued review correspondence, as well as any changes included on the MDP. I loo forward to receiving the revised MDP, and processing this application. Thank you. Sin rely, Eric . Lawrence, AICP Director of Planning cc: ,-�ephen Collins, Jr., Eastern States Engineering, PO Box 651208, Sterling, VA 20165-1208 ✓John R. Riley, Jr., County Administrator ✓ rence Ambrogi, County Attorney /Jim Doran, Director of Parks and Recreation :A CJ COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 June 28, 2004 Thomas Moore Lawson, Esquire Hand Delivered Lawson and Silek, P.L.C. P.O. Box 2740 Winchester, Virginia 22604 RE: Channing Drive, Phase 9 and 10 Dear Mr. Lawson: I am in receipt of your letter dated June 21, 2004, in which you confirm that the Master Development Plan for the above referenced project would be revised to reflect three outstanding issues: a Community Center (§ 165-64.A); a 35-foot Riparian Buffer on both sides of the stream (§ 165-156); and a 25-foot Residential Separation Buffer along the project's western property line (§ 165-37.C). In an effort to facilitate improved communication, I have reviewed the various agency comments for the Master Development Plan (MDP) [§ 165 Article XVIII] and the Subdivision Design Plan (SDP) [§ 144] and identified those agency's which have not provided final approvals indicating compliance with their requirements. All agency approvals must be secured prior to final approval of either the MDP or the SDP. In terms of the MDP, the outstanding agency approval is the Planning Department; the three issues are identified in the above paragraph. Upon my receipt of a revised MDP which adequately addresses all review agency comments, including these three outstanding issues, the MDP will be placed on the Board of Supervisor's July 14" agenda. Per previous discussions, please provide 20 copies of the revised MDP to me by July 7, 2004. In terms of the SDP, a number of review agencies have yet to provide their respective approvals. These outstanding approvals for the SDP include: Public Works; Virginia Department of Transportation; Frederick County Sanitation Authority; Planning Department; Fire Marshal and the Parks and Recreation Department. Please work through these agencies to secure their approval of the SDP; provide such approved comment sheets to the Planning Department. The Subdivision Plats should reflect the applicable information from the approved SDPs, as well as approval signatures from the Virginia Department of Transportation, Frederick County Sanitation Authority, and the property owner. Once these signatures are secured, please forward the final plats and an appropriate monetary guarantee to the Planning Department for final plat approval by the 107 North Kent Street • Winchester, Virginia 22601-5000 10 Thomas Moore Lawson, Esquire Re: Channing Drive, Phase 9 and 10 June 28, 2004 Page 2 Subdivision Administrator. You will need to provide the Subdivision Administrator with three estimates to cover all improvements (roads, public utilities, recreational units [community center, parking, landscaping, and trails], etc.) identified on the SDP; the Subdivision Administrator will review the estimates and determine the required monetary guarantee. I would note that a Land Disturbance Pen -nit will- be required prior to disturbance of the property. The Land Disturbance. Permit .is handled by the Public Works Department. I understand that a number of unresolved issues continue to require attention. Please work through the Public Works Department to secure the necessary Land Disturbance Permits. Please co#tact me with questions regarding this letter and the development review process. Eric R. Lawrence, AICP Planning Director cc: Stephen Collins, Eastern States Engineering Webb Koschene, Toll Brothers, Inc. John R. Riley, Jr., County Administrator Lawrence Ambrogi, County Attorney 07/01/04 Notes on breliminary MDP, dated revised 06/25/04. for Channina Drive: Phases 0 and 10 1) Community Center. The proposed community center is on the other side of the lake to the small lot component of the development in which it is required.. Section 165-64 of the Zoning Ordinance requires that all recreational facilities be in a configuration and location that is easily accessible to the dwelling units. Access to the community center is proposed via a trail. This trail is only specified in the proffer to be wood chip or mulched surface. No appropriate handicap access is available. No pedestrian connection to the community center is shown. A statement should be provided on the MDP to the effect that the prosed community center shall provide the equivalence of three age -appropriate recreational units for each 30 dwelling units. 2) Residential Separation Buffer Screen. The proposed proposed residential separation buffer proposed as 50 feet and with existing vegetation, rather than the required landscape screen, must be approved by the Planning Commission per Section 165-37 B.(1) of the Frederick County Zoning Ordinance. 3) Riparian Buffers. The proposed riparian buffers appear to be measured from the center of the natural waterway. The Zoning Ordinance specifies that riparian buffers are at least 35 feet in width, measured outward from both sides of a natural waterway beginning along the slope of the ground from the channel scar line. The plan needs changed accordingly. 4) Owner's Signature. The owner's signature shall be provided on all copies of the preliminary and final MDP. A Special Limited Power of Attorney form may be provided for future correspondence.not signed by the, property owner. 5) Engineer's Signature. The engirieer's.signature, shall, be provided on all copies of the preliminary and finale MDP: 6) Total Recreation Units. A statement should be provided on the MDP indicating the exact number of recreational units required for this development as required per Section 165-64(A) of the Frederick County Zoning Ordinance. One recreationalunit is required for every 30 dwelling units. This is in addition to the requirement for a recreational center. Recreational units are required for housing types with lot sizes less than 5,000 square feet. This could include either of the two proposed housing types. 7) Landscaping Requirements. The landscaping requirements of Section 165-36 of the Frederick County Zoning Ordinance shall be addressed for the multiplex units. A typical lot landscaping detail is provided for the small lot component of the development, but not for the multiplex component. A statement to the effect that the selection, planting, and maintanence of all plants shall conform with the requirements of Section 165-36 (B). Of the Frederick County Zoning Ordinance would be appropriate. 8) Magisterial District. Page 2 of 2 still refers to the Stonewall Magisterial District. This reference shall be changed, as page 1 of 1, to reference the -correct Magisterial District, Reb Bud. 9) Proffers. All proffers relevant to this property need to be provided verbatim on the MDP. The plan excludes the portion of the proffer statement relevant to all of the Phases of the Charming Drive Rezoning (Article 1). 10) Lot Access. For clarification purposes, a statement should be provided on the MDP to indicate that no individual lot shall be further than 500 feet from a public road, measured from the route to the state road. 11) Trail Detail. It would be appropriate to provide a typical detail of the proposed trails on the MDP. 12) Bonding. It would be appropriate to specify on the MDP that all site improvements shall be bonded. 13) Small Lot Option. If all single-family small lots are to be detached, as suggested by the dimensional requirements specified, it is appropriate to provide a statement to this effect. 14) Agency Comments. All previously noted and any new agency comments shall be addressed. /\r_6Lit- oC6l- L, 4tp.ScAo J.- f+Att I Cm/+'!n-�rwrr1 �n�w 14S -'(.7. S a� o fO�Pwfi► JOG e t5o.e�f . �- IV'e•cc�S Cn�� .e��ClPl *Y�'M �e7 C 1 �. EASTERN STATES ENGINEERING P.O. Box 651208 Sterling, VA 20165-1208 (703) 433-6254+FAX (703) 433-6204 0 To Frederick County - Planning Date June 30, 2004 Dept. Address 107 North Kent Street Project Channing Drive Phase 9 & Winchester, VA 22601 10 — Master Development Plan revision Project # Attention Mr. Eric Lawrence Phone # 540-665-5651 WE ARE SENDING YOU: ® Attached ❑ Under separate cover VIA: ❑ US Mail ® Courier/Delivery ❑ Overnight Carrier ❑ Interoffice Mail ❑ Pick-up THE FOLLOWING ITEMS: ❑ Shop drawings ❑ Prints ® Plans ❑ Disk ❑ Specifications ❑ Samples ❑ Copy of letter ❑ Change order ❑ Other COPIES DATE NO. DESCRIPTION 1 6/30/04 Channing Drive Phase 9 & 10 Revised Master Development Plan THESE ARE TRANSMITTED: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution ® As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ❑ ❑ FORBIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US 19- Old MN1"fl.i Eric, Attached is a copy of the revised MDP per your conversations with Ty. If I can provide you any additional information please contact me. Thank you, SIGNED STEPHEN S. COLLINS JR., P.E. EASTERN STATES ENGINEERING, INC. If enclosures are not as noted, kindly note us at once. a 0 LAWSON AND SILEK, P.L.C. 160 EXETER DRIVE, SUITE 103 POST OFFICE BOX 2740 WINCHESTER, VA 22604 TELEPHONE: (540) 665-0050 FACSIMILE: (540) 7224051 April 23, 2004 Lawrence Ambrogi, Esquire Frederick County Attorney 107 North Kent Street Winchester, VA 22601 THOMAs MOORE LAWSON • TLAWSON@LSPLC.COM Re: Toll Bros., Inc. v. Board of Supervisors of Frederick County, Virginia, et al Chancery No, 03-497 Our File No. 600.001 VIA HAND DELIVERY Dear Larry: Enclosed please find the revised Master Development Plan for Phases 9 and 10 of the Channing Drive subdivision (Fu-Shep property). Per our meeting and my earlier letter, I am sending this to you for expedited review by the County to determine if we will have a settlement of the claims. You will note that the revised plan incorporates comments made by the reviewing agencies that were received back when this was initially filed. Also, please note that this is not yet been signed by the owner because a closing is imminent and the ownership will change. If you advise me that this plan is acceptable as part of the settlement, I will see that the proper owner appears and signs the original plat. Thank you for your anticipated assistance and cooperation. Please call with any questions. ff TML:atd cc: Toll Bros., Inc. E. William Chapman, Esquire ECEIVED APR 2 3 2004 COMMONWEALTH'S ATTORNEY FREDERICK COUNTY FRONT ROYAL ADDRESS: POST OFFICE BOX 602, FRONT ROYAL, VIRGINIA 22630, TELEPRONE: (540) 635-9415, FACSIMILE: (540) 635-9421, E-MAIL: SILEKJ@4 RNIAONLINE.NET 0 • EASTERN STATES ENGINEERING P.O. Box 651208 Sterling, VA 20165-1208 (703) 433-6254♦ FAX (703) 433-6204 • To Frederick County -Planning Date July 7, 2004 Dept. Address 107 North Kent Street Project Channing Drive Phase 9 & Winchester, VA 22601 10 — Master Development Plan revision Project # Attention Mr. Eric Lawrence Phone # 540-665-5651 WE ARE SENDING YOU: ® Attached ❑ Under separate cover VIA: ❑ US Mail ® Courier/Delivery ❑ Overnight Carrier ❑ Interoffice Mail ❑ Pick-up THE FOLLOWING ITEMS: ❑ Shop drawings ❑ Prints ® Plans ❑ Disk ❑ Specifications ❑ Samples ❑ Copy of letter ❑ Change order ❑ Other COPIES DATE NO. DESCRIPTION 20 7/6/04 Charming Drive Phase 9 & 10 Revised Master Development Plan THESE ARE TRANSMITTED: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution ® As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ❑ ❑ FORBIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS Eric, Attached are the revised copies of the MDP. If you need any additional information please contact me. Thank you, SIGNED TEPHEN S. COLLINS JR., P.E. EASTERN STATES ENGINEERING, INC. If enclosures are not as noted, kindly notify us at once. • • EASTERN Engineering, Land Surveying and Land Planning Services EASTERN VIRGINIA DIVISION OFFICE P O Box 651208 STATES Sterling, VA 201651208 ENGINEERING (703) 433-62 FAX (703) 433-620404 July 7, 2004 Mr. Eric R. Lawrence, AICP Frederick County Dept. of Planning 107 North Kent Street Winchester, VA 22601-5000 Re: Channing Drive Phase 9 & 10 — Master Development Plan (MDP) Revision (#05-04) 55-A-209, 55-A-211, 55-A-213, 65-A-40 Dear Mr. Lawrence: Please accept this letter as our response to your June 4, 2004, disapproval letter to Dr. Futral & Dr. Sheppard and the June 15, 2004, court hearing on the Mandamus Motion and Mr. Ambrogi's letter dated June 11, 2004, to Toll Brothers, Inc. council Mr. Thomas Lawson. As stated in your June 4, 2004 letter the Board of Supervisors declined to grant staff administrative approval authority based on the applicant's failure to comply with the Frederick County Zoning Ordinance. Per your statements to the Board of Supervisors on May 26, 2004, and Mr. Ambrogi's statements during the hearing on June 15, 2004, and his June 11, 2004, letter there are three issues with the MDP that do not comply with the Zoning Ordinance. Listed below are the three issues and our response to them. Comment 3. Riparian Buffers. Please show all natural waterways and required riparian buffers. Response: The error in depicting the limits of the Riparian Buffers has been corrected as requested. Comment 9. Residential Seperation Buffers. Per Section 165-37C(1)(a)(2), of the Zoning Ordinance, please show the required residential separation buffers between the proposed single-family small lots and the adjoining single-family detached traditional, urban, and cluster lots. Response: Per the dialog and correspondence listed above, the counties position is adequate buffers have been provided as required except along the western property boundary were the small lots of Phase 9 are adjacent to the urban lots of Phase 2 & 3 of Charming Drive. The 25' perimeter residential seperation buffer has been added as requested. However, it is still our position as stated in previous correspondence that the above listed section of the Zoning Ordinance only applies to "adjoining developments" as stated in Section 165-37C for the following reason. Per Section 165-37C "the interior separation buffer shall adequately separate different housing types within mixed -use developments." Since the buffer in question is between two Phases ,of the Charming Drive rezoning #15-99, a "mixed -use development," only a 10' interior residential seperation buffer is required. Although, a Revision to the Master Development Plan is being processed for Phases 9 and 10, this does not separate Phases 9 & 10 from Phases 1-8 of Charming Drive and establish Phase 9 & 10 as an adjoining development. Phases 9 and 10 are still part of Corporate Office Regional Offices 2747 Philmont Avenue Brandywine Valley, PA Clinton, NJ Huntingdon Valley, PA 19006 (610) 647-1162 (908) 638-5270 (215)914-2050 Mr. Eric R. Lawrence, AICP Channing Drive Phase 9 & 10 MDP Revision Page 2 the Channing Drive "mixed use development" with a single set of proffers, a single Home Owners Association, and shared facilities. Comment 12. Please provide a contin unity center(s) for the proposed development as required per Section 165-64A, of the Frederick County Zoning Ordinance. Response: Per the dialog and correspondence listed above, the county's position is a Community Center should be provided per 165-64A of the Zoning Ordinance due to the addition of the small lot housing type to the development. A Community Center has been added as requested. However, it is still our position as stated in previous correspondence that the proffered Community Center provided in Phase's 1-4 of Channing Drive meets this Zoning Ordinance requirement and that Phase 9 & 10 are not a separate development as stated by the County. Although, a Revision to the Master Development Plan is being processed for Phases 9 and 10, this does not separate Phases 9 & 10 from Phases 1-8 of Channing Drive and establish Phase 9 & 10 as a separate development. Phases 9 and 10 are still part of the Channing Drive "development" with a single set of proffers, a single Home Owners Association, and shared facilities. We trust that this letter adequately summarizes our responses to your comments. Although we continue to disagree with the County's position on the buffer and Community Center, they have been provided as requested. As these are the only issues the County has stated are not in compliance with the Zoning Ordinance, we look forward to approval by the Board of Supervisors on July 14, 2004. Attached are 20 copies of the Revised Master Development Plan for distribution to the Board of Supervisors. Please contact me if additional copies are required as I can provide them without delay. Should you have any questions please'do not hesitate to call me at (703) 433-6244. Sincerely, EASTERN STATES ENGINEERING, INC. Stephen Collins, Jr. P.E. Project Engineer cc: Mr. Webb Koschene, Toll Brothers, Inc. Mr. Ty Lawson, Lawson & Silek Re: [Fwd: [Fwd: Channing Drive, Phase 9 a0...]] • Subject: Re: [Fwd: [Fwd: Channing Drive, Phase 9 and 10...]] Date: Fri, 25 Jun 2004 15:33:15 -0400 ,From: Eric Lawrence <elawrenc@co.frederick.va.us> To: Matt Hott <mhott@co.frederick.va.us> Thanks for the update and clarification. I will require that Toll Bros. secures your approval for the proposed community center details. Details of the community center should be provided on the Subdivision Design Plan. The detail doesn't have to include an actual site plan layout (at this time), but should at a minimum list the various amenities to illustrate compliance with the recreation units that is required via the Zoning Ordinance. ***I would note that I mis-calculated the Rec Unit requirement for the Community Center. The Community Center should represent 15 RUs (149 houses / 30 * 3) to achieve a Community Center. The additional rec unit requirement of 1 per 30 residences still applies, which equates to an additional 7.5 RUs. This brings the project's total RUs to 22.5.... This should be above and beyond the proffered trail network illustrated at the rezoning stage.. Thanks! Matt Hott wrote: > Eric, > Jim's comments are attached. > Thanks, > Matt. > ------------------------------------------------------------------------ > Subject: Re: (Fwd: Channing Drive, Phase 9 and 10...] > Date: Fri, 25 Jun 2004 08:58:03 -0400 > From: James Doran <jdoran@co.frederick.va.us> > To: Matt Hott <mhott@co.frederick.va.us> > References:<40D9ElF3.2CE65120@co.freclerick.va.us> > Matt, > It was my understanding that we were using at total value (purchase and > installation of equipment).of $20,000 per rec. unit. Also., I think we should > look at the development to determine if a community center best servers the > recreational needs of that community. If we believe a community center is > appropriate, we need to know what is planned for the center in terms of > amenities and how the center will serve the community. > Thanks, > Jim > Matt Hott wrote: > > Jim, > > Your thoughts and comments on this request. > > Thanks, 1 of 2 7/1/2004 8:51 AM Re: [Fwd: [Fwd: Channing Drive, Phase 9 an0...]] • > > Matt. --------------------------------- > > Subject: Channing Drive, Phase 9 and 10... > > Date: Wed, 23 Jun 2004 15:11:05 -0400 > > From: Eric Lawrence <elawrenc@co.frederick.va.us> > > To: Matt Hott <mhott@co.frederick.va.us> > > Matt- * > Via the Zoning Ordinance, Toll Brothers will be required to provide a > > community center to serve the homes in Channing Drive, Phases 9 and > > 10. The Zoning Ordinance (165-64.A) requires a community center > > equivalent of three age -appropriate recreational units for each 30 > > dwellings units. Their project will have 225 dwellings; therefore > > 22.5 (225 / 30 * 3) recreation units will be required. Based on a rec > > unit value of $18,000 (please correct as appropriate), this would > > suggest that a community center facility valued about $405,000 would be > > necessary. > > Does this meet your Parks and Recreation requirements/expectations in > > terms of implementing our Recreation Facilities requirements, per > > 165-64 . A? > > I'd also request a letter/memo that I can put in the Channing Drive, > > Phase 9 and 10 MDP file reflecting your approval of these values. > > .Please advise / correct as appropriate. > > Thanks! > > Eric R. Lawrence, AICP > > Director > > Department of Planning and Development > > County of Frederick > > 107 N. Kent Street > > Winchester, Virginia 22601 > > 540. 665. 5651 > > 540.665.6395 fax > > elawrenc@co.frederick.va.us > > www.co.frederick.va.us Eric R. Lawrence, AICP Director Department of Planning and Development County of Frederick 107 N. Kent Street Winchester, Virginia 22601 540.665.5651 540.665.6395 fax elawrenc@co.frederick.va.us www.co.frederick.va.us 2 of 2 7/1/2004 8:51 AM Re: Rec Units.. i Subject: Re: Rec Units.. Date: Thu, 24 Jun 2004 13:38:42 -0400 From: Eric Lawrence <elawrenc@co.frederick.va.us> To: Matt Hott <rnhott@co.frederick.va.us> how about Thursday at 9 AM? In the Planning Department? Matt Hott wrote: > Eric, > Anytime on Tuesday or Thursday - next week. > Matt. > Eric Lawrence wrote: > > Mark / Matt- > > Currently, the Zoning Ordinance contain a brief section on Recreation > > Facility requirements in the RP zoning district (165-64). Based on > > various conversations I've had with Board members, I believe it's time > > to review this section to consider some modifications. Specifically, I > > am hearing an interest in getting greater recreation units for > > developments, in terms of community centers, pool, tennis court etc, > > rather than a tot -lot here and there. > > We've also encountered challenges as we attempt to implement > > bikepath/trails at the rezoning and MDP stage. Without a clear > > ordinance requiring a 10-foot asphalt bikepath, we're not successfully > > receiving appropriate bike networks. > > I'd like to organize a meeting between Parks and Planning to discuss > > these Rec Unit requirements, and get a better understanding of the Parks > > and Recreation expectations for our new developments. What are your > > thoughts? Are you available to meet over the new week or so? > > To some degree, the effort complements the planned trail network that > > we're jointly working on... > > -Eric > > Eric R. Lawrence, AICP > > Director' > > Department of Planning and Development > > County of Frederick > > 107 N. Kent Street > > Winchester, Virginia 22601 > > 540.665.5651 > > 540.665.6395 fax > > elawrenc@co.frederick.va.us > > www.co.frederick.va.us Eric R. Lawrence, AICP Director Department of Planning and Development County of Frederick 107 N. Kent Street Winchester, Virginia 22601 1 of 2 7/1/2004 8:51 AM June 4, 2004 Mr. Stephen S. Collins, Jr., P.E. Eastern States Engineering, Inc. P.O. Boa 651208 Sterling, Virgina 20165-1208 RE: Land Disturbance Permit Application Charming Drive, Phase 9, Fu-Steep Property Frederick County, Virginia Dear Mr. Collins: COUNTY of FREDERICK Department of Public Works 540/665-5643 FAX: 540/678-0682 On May 28, 2004, we received a land disturbance permit application for the subject project. Upon review of the application and plans, we offer the following continents: 1) As stated in the Frederick County Code - Chapter 79, Erosion and Sediment Control, Section 79-5, a land disturbance permit cannot be issued until an approved erosion and sediment control plan has been submitted to our office. The plans that were submitted with the application dated May 27, 2004, are the same plans submitted previously on April 29, 2004, and do not comply with our local erosion and sediment control ordinance, the Virginia Erosion and Sediment Control Law, Title 10.1, Chapter 5, Article 4 and the Virginia Erosion and Sediment Control Regulations 4VAC 50-30. Our continents dated May 14, 2004, have not been addressed and incorporated in this latest plan submission. These continents addressed multiple issues as well as erosion and sediment control deficiencies in the plan. Therefore, the erosion and sediment.control plan cannot be approved. 2) I would like to refer to comment 17 from our previous review dated May 14, 2004, which highlighted the requirement to comply with all applicable federal, state and local regulations which pertain to the disturbance of wetlands as well as working within a live watercourse. This continent was made in accordance with The Virginia Erosion and Sediment Control Regulations 4VAC 50-30-40, Minimum Standards #14. Consequently, all applicable permits must be submitted with the land disturbance permit application. 3) It will be necessary to submit copies of the subdivision approval letters from the Virginia Department of Transportation and the Frederick County Sanitation Authority with the land disturbance permit application. 4) Because we cannot approve the erosion and sediment control plan as submitted, we are unable to review the bond estimate at this time. The bond estimate must reflect the proposed erosion and sediment control measures in accordance with an approved plan. 107 North Kent Street - Winchester, Virginia 22601-5000 Land Disturbance Permit Application Page 2 June 4, 2004 Until such time as the review conu-nents dated May 14, 2004, have been addressed and the plan revised accordingly, we will not process the subject land disturbance permit application submitted on May 28, 2004. We would like to reiterate that no person may engage in any land disturbing activity until he or she has obtained the necessary land disturbance permit from the Frederick County Public Works Department as stated in the Frederick County Code, Chapter 79, Section 5. This ordinance is in accordance with the Virginia Erosion and Sediment Control Law, Section 10.1 - 565. Sincerely, Joe C. Wilder Deputy Director Program Administrator JCW/rls cc: Lawrence Ambrogi, County Attorney Eric Lawrence, Frederick County Planning and Development John R. Riley, Jr., County Administrator Tamara Keeler, Shenandoah Watershed Manager, Department of Conservation and Recreation file V/ A Achamun-d rfushe p LD.-wpd COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 MEMORANDUM TO: Lawrence Ambrogi, County Attorney John R. Riley, Jr., County Administrator FROM: Eric R. Lawrence, AICP, Planning Director RE: Comments Regarding the Toll Bros "Motion for Mandamus" DATE: June 3, 2004 Staff has reviewed the Motion of Mandamus as filed by counsel for Toll Bros on June 2, 2004, copies attached. Staff offers the following observations: Motion for Mandamus (comments) 1. Consent Order stated that Toll Bros was to file the `necessary' amendments to the master plan no later than April 29, 2004. The Mandamus neglects to include the word `necessary'. `Necessary' would suggest that all ordinance and application requirements should be followed. The Consent Order also stated that the `process to approve' the master plan amendment would be completed by the end of May. The Mandamus neglects to include the word `process', and only emphasizes the word `approval'. The Mandamus also states that the County would `issue all other approvals and permits'. This stretches the language in the Consent Order, as the Order states the specific approvals and permits to include: "Master Development Plan changes, construction plans and profiles, record plat, and grading permits. The order did not include other permits such as building permits - a permit the Toll Bros had originally attempted to include in the Order. 2. The Mandamus states that `applications were filed by hand... on April 28, 2004 for master plan changes, construction plans and profiles, record plat, and grading permits'. In fact, not all of these documents were filed by April 28 as stated in the Mandamus. On April 29, 2004, Toll Bros filed an incomplete Master Development Plan application, while also circulating requests for comments to various agencies; these comments were required to be submitted with the completed application; the MDP application was incomplete. Toll Bros circulated their Subdivision Design Plan (`aka construction plans and profiles') to various review agencies on April 29, 2004. Toll Bros submitted record plats for preliminary review on May 28, 2004. Toll Bros. submitted application for grading permits (a.k.a. Land Disturbance) on May 28, 2004. 107 North Kent Street • Winchester, Virginia 22601-5000 The Mandamus states that Toll Bros. revised its master plan to in corporate `all of the suggested agency review comments which were in conformance with the Zoning Ordinance requirements'. This is a false statement as three significant Zoning Ordinance issues were unresolved on May 26, 2004 as the Board of Supervisors reviewed the master development plan. 3. The Mandamus states that the County failed to provide the required approvals and issue said permits in direct violation of the Court's Order. In reality, the County is unable to issue such approvals and permits as Toll has not fully complied with applicable County and State Code requirements. Review letters have been provided to Toll identifying Code issues that were not adequately addressed; Toll has not complied with said Codes. For example, Toll did not submit the necessary materials by April 28 to constitute a complete master development plan application, per 165-137.A. 4. The Mandamus states that Toll has proceeded with construction because the County did not provide the necessary approvals per the Consent Order. As noted in Item 3, Toll Failed to address all Code requirements, thereby not enabling the County to issue approvals and permits. If Toll proceeds with construction, Toll is in violation of the Consent Order, as well as County and State (E&S and wetlands) Codes 5. Toll demands approvals and permits, yet Toll has failed to comply with the Consent Order and Code requirements. The Code requirements are all available by reviewing the Code, but staff has provided comments in various review letters to identify specific code issues that required attention. The County is unable to grant approval on the necessary documents because Toll has failed to provide the required completed documents for consideration. Master Development Plan - review agency identified issues to be addressed. Most prevalent issues :location of the required community center to address per 165-64.A; Riparian Buffer locations per 165-31.13; and locations and specifications of the Residential Separation Buffers per 165-37.C. Subdivision Design Plan (a.k.a. Construction and profile plan) - review agency identified issues to be addressed. Most prevalent issues: Record Plats - plats were only submitted for review on May 28, 2004. Neither the Virginia Department of Transportation nor the Frederick County Sanitation Authority have provided approval signatures. Furthermore, aside from particular Code requirements that need to be included on a final plat, the applicant would need to provide a monetary guarantee to the County guaranteeing the completing of all infrastructure improvements associated with the dedication of the public streets and sanitation infrastructure. Grading Permits - application for such permit was only received by the Public Works department on May 28, 2004. Per Code requirements, all necessary wetland permits must be secured from the state prior to the County issuing a Land Disturbance Permit (Grading Permit) The Affidavit of Stephen Collins (comments) This affidavit states that "all documents required under the Frederick County Zoning Ordinance to allow for the approval of master plan and subdivision plan was timely submitted before the Planning Commission and Board of Supervisors public meetings". This is a false statement as a completed master development plan application was not received by the applicant prior to scheduling for PC and BOS review, contrary to 165-137A.. Additionally, even as the master development plan was being reviewed by the Board of Supervisors, three zoning ordinance issues remained unresolved as the applicant failed to provide for the community center, riparian buffer, and residential separation buffers. Materials were submitted to the County by May 28, 2004 for review. The applicant failed to address all the issues that were identified in various agency review letters provided to the applicant. Additionally, the applicant failed to provide the necessary monetary guarantee, per 144-40. Order of Mandamus (comments) This Order states that the County "shall execute all such other documents and permits as may be required to allow for the development of Channing Drive Phases 9 and 10". This statement far exceeds the approvals and permits addressed in the previous Consent Order. This is a general outline of issues that were misstated in the Toll Bros. Motion for Mandamus, Affidavit in Support of Motion for Mandamus, and the Order of Mandamus submitted to the County on June 2, 2004. Please contact me with questions regarding this memorandum. Thank you. LAWSON AND SILEK, P.L.C. 160 EXETER DRIVE, SUITE 103 POST OFFICE BOX 2740 WINCHESTER, VA 22604 TELEPHONE: (540) 665-0050 FACSIMILE: (540) 7224051 June 1, 2004 Lawrence Ambrogi, Esquire Frederick County Attorney 107 North Kent Street Winchester, VA 22601 THONIAS MOORE LAWSON • TLANVSONQ,'LSPLC.COM Re: Toll Bros., Inc. v. Board of Supervisors of Frederick County, Virginia, et al Chancery No. 03-497 Our File No. 600.001 Dear Larry: Enclosed please find a Motion for Mandamus, Affidavit in Support of Motion for Mandamus, and a proposed Order regarding the above hatter. Please note this is a revised version of the draft I handed you earlier. Please disregard that draft. As we have discussed, I intend to have this heard as soon as possible. I would greatly appreciate you making yourself available for this Motion. Thank you for your continued assistance and cooperation. If you should have any questions, please do not hesitate to give me a call. TML:cam Enclosure FROM ROYAL ADDRESS: POST OFFICE BOX 602, FRONT ROYAL, VIRcmIA 22630, TELEPHONE: (540) 635-9415, FACSIMILE: (540) 635-9421, E-MAIL: SILEKJG¢IRMAONLINE.NET 1 • 0 VIRGINIA: IN THE CIRCUIT COURT OF THE COUNTY OF FREDERICK TOLL BROS., INC. Complainant, V. BOARD OF SUPERVISORS OF FREDERICK COUNTY, VIRGINIA, et al., Defendants. In Chancery No. CH03-497 MOTION FOR MANDAMUS COMES NOW Plaintiff Toll Bros., Inc. ("Toll"), and files this Motion for Mandamus and in support states the following: 1. On April 28, 2004, this Court entered an order providing that Toll was to file, no later than April 29, 2004, amendments to its master plan to allow development of the property at issue in this case based on the lot sizes and other provisions of its previously filed subdivision plan. The Courts' order further required that Defendant Frederick County approve the master plan amendment, and issue all other approvals and permits, prior to the end of May, 2004, necessary for development of the property.. 2. In furtherance of the April 28, 2004 Order, applications were filed by hand on behalf of Toll, on April 28, 2004 for master plan changes, construction plans and profiles, record plat, and grading permits. In filing these documents, Toll actually exceeded what was required by the Frederick County Ordinance by incorporating reviewing agency comments into its master plans to allow for a revised master plan incorporating all of the suggested agency review comments which were in conformance with the Zoning Ordinance requirements to the Frederick County Planning staff more than twenty-four (24) hours in advance of the Frederick County Board of Supervisors public meeting. See Affidavit of Stephen Collins, Jr., P.E., submitted herewith. 3. As of June 1, 2004, Frederick County has failed to provide the required approvals and issue said permits in direct violation of this Court's Order of April 28, 2004. 4. The Court's Order of April 28, 2004 specifically provided that if the County has not provided the necessary approvals by the end of May, 2004, "the subdivision plan and amendment to the master plan, and all other necessary permits and approvals, will be deemed approved by order of this Court." Based on this Order, Toll has proceeded with construction. 5. Although the permits and approvals are deemed issued pursuant to this Court's order, Toll needs to have actual copies of these permits and approvals in order to avoid any further delays in construction and costs resulting therefrom, and to facilitate sales of homes. Based on the above, Toll respectfully requests this Court issue a Writ of Mandamus ordering the County to provide to Toll the permits and approvals that have been deemed issued by order of this Court. 6. As a result of Frederick County's actions, Toll Bros. has suffered significant damages and it reserves the right to pursue all claims for damages against those parties responsible. WHEREFORE, for the foregoing reasons, Toll Bros., Inc. respectfully requests that this Court grant an Order of Mandamus directing Frederick County to provide to Toll construction plans and profiles, record plat, and grading permits before close of business on June 1, 2004, and to execute all such other documents and permits as may be required to allow for the development PA r of Channing Drive Phases 9 & 10 as have been submitted in the master plan and subdivision plan submitted by Toll Bros., Inc. Virginia Bar No. 26332 Todd D. Bunn, Esquire Virginia Bar No. 27546 LAWSON AND SILEK, P.L.C. 160 Exeter Drive, Suite 103 P.O. Box 2740 Winchester, VA 22604 Phone: (540) 665-0050 Fax: (540) 722-4051 Counsel for Plaintiff TOLL BROS., INC. By Counsel CERTIFICATE OF SERVICE I hereby certify that on the _(J day of June, 2004, a true copy of the foregoing Motion for Mandamus was hand delivered to Lawrence R. Ambrogi, County Attorney, County Y of Freferick, 107 North Kent Street, Winchester, Virginia 22601. Todd D. Bunn, Esquire 3 VIRGINIA: IN THE CIRCUIT COURT OF THE COUNTY OF FREDERICK TOLL BROS., INC. Complainant, In Chancery No. CH03-497 V. BOARD OF SUPERVISORS OF FREDERICK COUNTY, VIRGINIA, et al., Defendants. AFFIDAVIT IN SUPPORT OF MOTION FOR MANDAMUS I, Stephen Collins, Jr., am a Virginia licensed professional engineer employed by Eastern States Engineering, Inc. I have supervised the preparation of the master development plan and subdivision plan for Charming Drive Phases 9 & 10 which is owned by the Fu-Shep Farm Partnership and is under contract to be sold to Toll Bros., Inc. I have received a copy of Frederick County Circuit Court's Order of April 28, 2004 setting forth the requirements for the filings needed for the approvals of construction in Phases 9 & 10 of Channing Drive. As required by the terms of the Consent Order, all documents required under the Frederick County Zoning Ordinance to allow for the approval of master plan and subdivision plan were timely submitted before the Frederick County Planning Commission and Board of Supervisors public meetings. In fact, not only were the filings and other requirements of the Ordinance satisfied, Eastern States Engineering, Inc. was able to revise the master plan documents prior to the Board of Supervisors' public meeting to incorporate the suggested revisions made by the reviewing agencies to include, but certainly not limited to, Frederick County Planning's comments and Frederick County Public Works' comments. Permit applications to allow for the issuance of the record plat, grading permits, subdivision design plans and profiles, and master development plan changes were submitted to Frederick County by hand on or before Friday, May 28, 2004. As of June 1, 2004, those permits have not been issued by Frederick County, despite the requirement of the same by the Frederick County Circuit Court's Order of April 28, 2004. The affiant further sayeth not. Stephen Collins, Jr., P.E. COMMONWE TH OF VIRGINIA COUNTY O c�7 'ti'v-, ; to -wit: I hereby certify that on this day before me the subscriber, a notary public, personally appeared Stephen Collins, Jr., who made oath on personal knowledge and due form of law on this I day of June, 2004. NOTARY PUBLIC 6*ossed Flacon Is W Can "eft OF **A Notary pubic Say y4 CoMM'Won EVhS Ooiober 31, M My commission expires: MARCIE C. GRAU Y VIRGINIA: fo to IN THE CIRCUIT COURT OF THE COUNTY OF FREDERICK TOLL BROS., INC. Complainant, 0 BOARD OF SUPERVISORS OF FREDERICK COUNTY, VIRGINIA, et al., Defendants. In Chancery No. CH03-497 ORDER OF MANDAMUS THIS MATTER CAME TO BE HEARD on June 1, 2004, on Complainant, Toll Bros., Inc.'s Motion for Mandamus; and IT APPEARING TO THE COURT for the reasons stated in the record and cited in Plaintiffs Motion that the Motion for Mandamus should be granted; it is ORDERED that the master plan amendments, subdivision plan, and all other permits and approvals required for development of the property at issue in this case are deemed approved and/or issued by prior order of this Court, and Defendants Board of Supervisors of Frederick County, Virginia, The County of Frederick Virginia, and Eric Lawrence shall, on or before the close of business on June 1, 2004, provide to Complainant Toll Bros., Inc. plans and profiles, record plat, and grading permits, and shall execute all such other documents and permits as may be required to allow for the development of Channing Drive Phases 9 & 10 as have been submitted in the master plan and subdivision plan submitted by Toll Bros., Inc. Frederick County and Eric Lawrence shall by close of business June 1, 2004 issue the construction plans and profiles, record plat, and grading permits, and issue such other further documents and permits as may be required to allow for the full development of Channing Drive Phases 9 & 10; and This matter is CONTINUED to allow Toll Bros., Inc. to seek from the Court all such other remedies and relief that it may require, including, but not limited to, a claim for damages as a result of Frederick County's actions in this matter. ENTERED this day of , 2004. Todd D. Bunn, Esquire Virginia Bar No. 27546 LAWSON AND SILEK, P.L.C. 160 Exeter Drive, Suite 103 P.O. Box 2740 Winchester, VA 22604 Phone: (540) 665-0050 Fax: (540) 722-4051 Counsel for Plaintiff SEEN: Lawrence R. Ambrogi, Esquire County Attorney 107 North Kent Street, Suite 202 Winchester, VA 22601 Counsel for Defendants HONORABLE JOHN R. PROSSER 2 Notes: New Concerns Found in Revised Channing Drive: Phases 9 & 10 MDP (Dated 5/18/04) 1) Riparian Buffers. Riparian Buffers are required from both sides of a natural waterway, measured from the channel scar line. The revised MDP only shows a 3 5' wide riparian, centered with the natural waterway. 2) Stormwater Facilities. Stormwater facilities have been added to the plan and must be reviewed by Public Works. 3) Addition of Private Road. A private road has been added to a portion of phase 10 to serve multiplex lots. Typical pavement sections need to be provided prior to administrative approval for all roads. The Fire Marshal needs to be informed of the modified road plan. 4) Revision Date. The plan revision is dated 5/18; however, the PC didn't review the plan until 5/19, where the applicant agreed to show the riparian buffers, ect.. Thus, the revision dates appears to be inaccurate. 5) Residential Separation Buffer. A buffer referred to as a perimeter buffer: has been. added between the proposed small lots in Phase 9 and the subdivisions to the south. A detail has been provided for the 25' wi de portion of this buffer (w/full screen), but no detail is provided for the 50' wide portion (w/landscape screen). The previously noted issues regarding the requirement for a community center, special limited power of attorney and frill residential separation buffer (vs interior buffer), along with the recommendation to mitigate impacts to the proposed construction routes do not appear to have been addressed. ,ryw V 2-41 e I r EASTERN STATES ENGINEERING P.O. Box 651208 Sterling, VA 20165-1208 (703) 433-6254+FAX (703) 433-6204 LMUVIPM O7 To Frederick County - Planning Date May 24, 2004 Dept Address 107 North Kent Street Project Channing Drive Phase 9 & Winchester, VA 22601 10 — Master Development Plan revision Project # Attention Mr. Jeremy Camp Phone # 540-665-5651 WE ARE SENDING YOU: ® Attached ❑ Under separate cover VIA: ❑ US Mail ® Courier/Delivery ❑ Overnight Carrier ❑ Interoffice Mail ❑ Pick-up THE FOLLOWING ITEMS: ❑ Shop drawings ❑ Prints ® Plans ❑ Disk ❑ Specifications ❑ Samples ❑ Copy of letter ❑ Change order ❑ Other COPIES DATE NO. DESCRIPTION 2 5/24/04 Charming Drive Phase 9 & 10 Revised Master Development Plan 1 5/24/04 Comment response letter THESE ARE TRANSMITTED: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution ® As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ❑ ❑ FORBIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS SIGNEDe��� STEPHEN S. COLLINS JR., P.E. EASTERN STATES ENGINEERING, INC. If enclosures are not as noted, kindly notes us at once. 0 • 3ECE 0 MAY 2 5 2004 F EFa1C" Ca�;�p-y �NIP1Q 8 �EVELC TyENT 0 Civil Engineering, Lang purveying and Land Planning Services EASTERN STATES ENGINEERING May 24, 2004 Mr. Jeremy F. Camp Frederick County Dept. of Planning 107 North Kent Street Winchester, VA 22601-5000 Re: Channing Drive Phase 9 & 10 — Master Development Plan Revision Dear Mr. Camp: VIRGINIA DIVISION OFFICE P O Box 651208 Sterling, VA 20165-1208 (703)433-6285 FAX (703) 433-6204 Please accept this letter as our revised response to the review comments on the subject Charming Drive Phase 9 & 10 Master Development Plan Revision. DEVELOPMENT SERVICES DIVISION Comment 4. Riparian Buffers. Please show all natural waterways and required riparian buffers. Response: The limits of the Riparian Buffers have been added as requested by the Planning Commission. We trust that this letter adequately summarizes our responses to your review comments. Should you have any questions please do not hesitate to call me at (703) 433-6244. Sincerely, EASTERN STATES ENGINEERING, INC. Stephen Collins, Jr. P.E. Project Engineer cc: Mr. Webb Koschene, Vice President Mr. Ty Lawson, Lawson & Silek Corporate Office Regional Offices 2747 Philmont Avenue Brandywine Valley, PA Clinton, NJ Huntingdon Valley, PA 19006 (610) 647-1162 (908) 638-5270 (215) 914-2050 0 0 MASTER DEVELOPMENT PLAN (MDP) #05-04 CHANNING DRIVE: PHASES 9 & 10 Fu-Shep Property Staff Report for the Board of Supervisors Prepared: May 20, 2004 Staff Contact: Eric Lawrence, Director This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist in the review of this application. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 05/19/04 Forward with comments Board of Supervisors: 05/26/04 Pending LOCATION: This property is located at the northern terminus of Morning Glory Drive (Route 1400), approximately 2,300 feet north ofthe intersection of Morning Glory Drive (Route 1400) and Senseny Road (Route 657). The property is also accessible via Canyon Road. MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBERS: 55-A-209, 55-A-211, 55-A-213, & 65-A-40' PROPERTY ZONING & PRESENT USE: Zoned: RP (Residential Performance) Use: Unimproved ZONING & PRESENT USE OF ADJOINING PROPERTIES: North Zoned: RA (Rural Areas) District Use: Residential & Agricultural South Zoned: RP (Residential Performance) DistricUse: Residential East Zoned: RA (Rural Areas) District Use: Residential & Agricultural West Zoned: RP (Residential Performance) DistricUse: Residential PROPOSED USE: 220 total dwelling units consisting of 149 single-family small lots and 71 multiplexes 1 The 3.8 acre parcel, identified by PIN 65-A-40, has been excluded from all calculations. This parcel has been identified on the MDP, because it is owned by Fu-Shep Farm Partnership, and is being utilized for a temporary construction access road. 0 0 MDP #05-04, Channing Drive: Phases 9 & 10 Page 2 May 20, 2004 REVIEW EVALUATIONS: Planning Staff Note: No "master developmentplan " agency review comments were submitted with this application upon initial receipt on April 29, 2004. Review Agency Comments were received on May 18, 2004, and have been included for the Board of Supervisors meeting Department of Transportation: The preliminary master plan for this property appears to have significant measurable impact ofRoutes 867, Senseny Glen Road, and Route 1407, Canyon Road, the VDOT facilities which would provide access to the property. There appears to be no substantial change to the roadway design from the previously approved Master Development Plan. Therefore, VDOT approves the current submitted Master Plan. Due to the anticipated construction traffic on Senseny Glen Road and Canyon Road (subdivision roads not designed for heavy traffic), a significant surety bond will be required to cover potential. damage to the roadway. It would be VDOT's preference to have any proffers from the rezoning relating to transportation issues noted on the master plan. 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.K 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. Department of Public Works: Based on our review of the subject master plan, we offer the following comments: 1. It will be necessary for the master plan to reflect all wetlands and provide the total amount of wetlands that have been mapped. The master plan should also reflect the total amount of wetlands to be disturbed. 2. It will be necessary to provide the locations and relative areas of all proposed stormwater management facilities. 3. You have indicated a road network for future Phase 10. Indicate on the plan the fixture use ofthe area located at the end ofthe proposed Chastin Court. The proposed road forms a "T" intersection but does not reflect a cul-de-sac. 4. The master plan shall indicate a construction entrance on Canyon Road in the Senseny Glen Subdivision rather than at the end of Morning Glory Drive in the Apple Ridge Subdivision. The Canyon Road location was previously identified on the approved master development plan. Once these comments have been addressed, submit two (2) copies ofthe revised master plan for our review. Fire and Rescue Department: The connection to Morning Glory Drive shall have a means for emergency vehicle access for fire hydrant and egress travel issues during the construction process. Water supplies for firefighting change from RP to MULTI-PLEX. Requirements may be found in County Ordinance and 90-4 0 0 MDP #05-04, Channirig Drive: Phases 9 & 10 Page 3 May 20, 2004 and the VA Statewide Fire Prevention Code. Water supply for firefighting shall be available as soon as combustible materials arrive on site. Fire hydrants at intersections are preferable over ends of cul-de-sac. Fire hydrants must be within eight feet of the curbline. Additional comments may be necessary on the subdivision plan. Plan approval recommended. Department of Geographic Information Systems: The Frederick County Department of GIS has reviewed the requested road names for use in the Revised Channing Drive, Phase 9 MDP plan submitted on April 28, 2004, and has made the following determinations: 1. All road names as presented in the Revised Channing Drive, Phase 9 MDP plan sheets, dated April 2004 are APPROVED and RESERVED as presented. Canyon Road (extension) Morning Glory Drive (extension) Thompson Court Bentpath Court Heath Court Aulee Court Norfolk Court 2. If y6u would like preliminaiy:structure numbering so that you may place them on the subdivision plats ... you can email the GIS Department a digital plan to mlemaste@co.fi-ederick.va.us and we.i11 return it to you with preliminary numbers annotated on the digital plan. 3. For future plan reference, when a double cul-de-sac such as Heath Court crosses over a maj or drive or roadway, it is much better for numbering and E-911 purposes ifthe opposing cul-de-sacs have separate names. Frederick County Public Schools: This letter is in response to your request for comments on the Revised Master Plan - Channing Drive Phase 9 & 10. Frederick County Public Schools has no additional comments at this time. Department of Parks and Recreation: Plan appears to meet open space requirements. Developer is required to provide one recreation area for every 30 units. Staff recommends that all trails be a minimum of 10' in width and be hard surfaced meeting this department's standards. Frederick -Winchester Service Authority: This office was furnished with a set of plans for the above mentioned project. Upon review FWSA has one comment regarding the Master Development Plan Revision submitted. This item may be addressed in Phases 1 through 8 of Channing Drive. The Master Plan shows a number of utility connections to adjoining subdivisions. The primary 21 "sewer which is to run to a regional pumping station (off site) terminates within the project. Shouldn't this sewer continue upstream until it reaches upstream phases of Channing Drive? Frederick County Sanitation Authority: I" review - Approved as noted - 6 items 0 MDP #05-04, Channing Drive: Phases 9 & 10 Page 4, May 20, 2004 Planning & Zoning_ D) Master Development Plan Requirement A master development plan is required for most subdivisions and development of property in Frederick County. 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. E) Location This property is located at the northern terminus of Morning Glory Drive (Route 1400), approximately 2,300 feet north ofthe intersection of Morning Glory Drive (Route 1400). and Senseny Road (Route.657). The property is east of Sovereign Village Subdivision and north of Senseny Glen . and Apple Ridge Subdivisions. This site is accessible via Canyon Road (and Morning G1ory:Drive (Route 1400). F) Site History The original Frederick County Zoning Map (U. S.G.S. Stephenson Quadrangle) identified the zoning for the acreage within the master development plan as A-2 (Agricultural General) District. This zoning classification was modified to RA (Rural Areas) District on February 14,1990 during the comprehensive amendment to the county's Zoning Ordinance. The Board of Supervisors approved Rezoning Application # 15-99 for Channing Drive on December 8,1999. This action established 3 54.3 acres of land zoned RP (Residential Performance) District, and 22.0 acres of land zoned B2 (Business General) District. A Master Development Plan for the entire acreage was administratively approved on December 5, 2001. Pertaining to the Fu-Shep Tract, the currently approved MDP enables the development of 283 single-family detached urban residential lots. Single-family detached urban lots are a minimum of 12,000 square feet with side yard setbacks of 10 feet (20' between houses). The currently approved MDP provides for 49.5 acres of open space, all provided for during phase 9. On March 23, 2004 the Frederick County Board of Supervisors adopted a resolution which gave the individual property owners of the Channing Drive Rezoning the ability to submit revised master MDP #05-04, Chaining Drive: Phases 9 & 10 Page 5 May 20, 2004 development plan applications independent of one another. On April 28, 2004, Judge Prosser accepted that Toll Brothers (developer) submit a complete MDP application to Frederick County by April 29, 2004. Judge Prosser also ordered that the Frederick County Planning Commission and Board of Supervisors review the submitted plans by the end of May. Planning Staff Note: This MDP was accepted in an effort to comply with Judge Prosser's order. It is important to note that the MDP application was incomplete on April 30, 2004. G) Intended Use The proposed residential development consists of 128.75 acres and consists oftwo phases (phases 9 and 10). Phase 9 includes 149 proposed single-family small lot dwelling units on 100.39 acres, and Section 10 includes 71 proposed multiplex dwelling units on 28.36 acres. Single-family small lots have a minimum lot size of 3,750 square feet and have a 5 foot side setback (10' between homes). Multiplexes enable 3 or 4 attached residential units on minimum lots sizes of 2,700.square feet (for 2-bedroom units) and have a minimum side yard setback of 15' (30' between buildings). 'H) Site Suitability & Project Scope Land Use Compatibility: The proposed subdivision is in the vicinity of other residential uses, as well as, agricultural uses to the north and east. The Senseny Road Corridor consists mostly of suburban residential development, primarily of the single-family detached traditional, urban, and cluster types. Historic Resources: The Frederick County Rural Landmarks SLuveX does not identify any potentially significant historic resources on the site of the proposed master development plan. Furthermore, according to the National Park Service's Study of Civil War Sites in the Shenandoah Valley of Virginia, the subj ect site does not contain any core battlefield resources. Environment: Based on the applicants information, the subject site contains a 8.72 acre lake, 4.71 acres of natural stormwater detention areas, and.18.73 acres of steep slopes. 10% of the natural stormwater detention areas and 20.02% of steep slopes are proposed to be disturbed by this development, which is in conformance with the requirements of the Frederick County Zoning Ordinance. Riparian Buffers are required on both sides of all natural waterways. The General Soil Map of the Soil Survey of Frederick County, Virginia indicates that the soils MDP #05-04, Channing Drive: Phases 9 & 10 Page 6 May 20, 2004 comprising the subject parcels fall -under the Weikert-Berk soil association, which are common soil types found east of Interstate 81. It is noted that these soil types 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 through the site development process. Transportation: The primary access to the site will ultimately come from Channing Drive. hnitial access will be via Canyon Road per court order, dated March 24, 2003. The proposed master development plan also illustrates a temporary construction road on parcel 65-A-40, which would be parallel to Morning Glory Drive (Route 1400). Channing Drive is a fixture major collector road which was proffered as part of the Channing Drive Rezoning and will be constructed prior to the development ofthe Fu-Shep Property. Secondary access is proposed via Morning Glory Drive and Canyon Road for Phase 9. Also, Phase 10 may eventually connect with Eddy's Lane, and Chastin Court may be extended to the adjoining property to the east, depending on how the surrounding area develops in the fixture. Comprehensive Policy Plan: The proposed 128".75-acre site is zoned RP (Residential Performance) and is -within the UDA (Urban Development Area) and the S WSA (Sewer and Water Service Area). The development of the subject property for residential uses is in general conformance with the policies of the Frederick County Comprehensive Policy Plan. Density: The total 220 residential units on the 128.75 acres calculates to an overall residential gross density of 1.71 units per acre. This is less than the 2.5 residential units per acre proffered with the Channing Drive Rezoning for the Fu-Shep Property. The currently approved MDP has a gross residential density of 2.2 units per acre for the Fu-Shep Property. Open Space: A total of 63.66 acres (49%) of the entire site will be designated as open space. This exceeds the required 3 8.63 acres (30%) of open space, as specified by the Frederick County Zorning Ordinance. 27.92 acres of the proposed 63.66 acres are located outside of steep slopes areas, lakes and wetlands. This exceeds the 19.32 acres required to be outside of these environmental areas. F) Planning Staff Review Comments/Issues: The following comments must be adequately addressed by the applicant prior to approval: 1) Review Agency Comments. As noted above, no review agency comments of this MDP were submitted with this master development plan application. Such comments must be received and complied with prior to MDP approval. 0 • MDP #05-04, Channing Drive: Phases 9 & 10 Page 7 May 20, 2004 2) Special Limited Power of Attorney Form. Please have the property owner submit a completed, signed and notarized Special Limited Power of Attorney Form. This form grants the applicant with the authorization to represent the property owner. 3) Magisterial District. Please change the reference to the magisterial district from the Stonewall District to the Red Bud District. The Red Bud District is the correct district. 4) Riparian Buffer Please show all natgr 1 waterways and required riparian buffers. 5) Multiplex Units. Please specify on the MDP whether the proposed multiplex units will be multi -family or single-family. 6) Proffer Summary. Please list all proffered conditions verbatim on the master development plan for reference. The proffer summary provided on page 2 of 2 excludes some proffered conditions, such as the monetary contribution of $4,205.14 per lot and the nature trails. 7) Trails. Please specify on the MDP that the proposed trails will be constructed for public use. Please also provide the following information on the MDP regarding the proposed trails: a) whether or not the trail will be established within an easement, b) what the width of the easement will be, if proposed, c) what the width of the trail will be, and d) what the surface material and base material of the trail will be. 8) Revision Dates. Please list any revision dates on the MDP. According to the submitted plan, this plan was prepared in October of 2002 and has not been revised. 9) Sidewalks. According to the Typical Roadway Section on the MDP, the proposed sidewalks are 4 feet in width. Please note that VDOT has increased their minimum width of sidewalks to 5 feet. Please revise the plan accordingly. 10) Residential Separation Buffers. Per Section 165-37 C(1)(a)[2], of the Zoning Ordinance, please show the required residential separation buffers between the proposed single-family small lots rid the adjoining single-family detached traditional, urban, and cluster lots. lGs--3� • � 11) Landscaping. Per Sections 165-65 F (2) and 165-36, of the Zoning Ordinance, please provide the required landscape plantings. 12) Hours of Operation for Temporary Construction Road. Please consider limiting the use of the temporary construction road to reasonable operation hours to lessen the impact it will have to adjoining properties. 0 • MDP #05-04, Channing Drive: Phases 9 & 10 Page 8 May 20, 2004 13) Community Center. Please provide a community center(s) for the proposed development as required per Section 165-64 A, of the Frederick County Zoning Ordinance. Planning Staff Note: The applicant submitted a revised MDP on May 19, 2004, in an attempt to address staff comments. Three of these comments have not been satisfactorily addressed. Riparian Buffers, Residential Separation Buffers, and the Community Center. STAFF CONCLUSIONS FOR 04/07/04 PLANNING COMMISSION MEETING: Upon adequate resolution ofthe above -listed comments, including all review agency, Planning Commission and Board of Supervisors comments, this Master Development Plan would be consistent with the requirements ofArticle XVII, Master Development Plan, ofthe Zoning Ordinance. All ofthe issues identified by the Planning Commission should.be appropriately addressed. PLANNING COMMISSION SUMMARY & ACTION OF 05/19/04. MEETING Staff noted that the necessary review agency comments that were absent from the application have since been received by staff on May 18, 2004, and were handed out to the Planning Commission.this evening; staff noted that this submittal now makes this master development plan application complete. Three planning issues still remaining to be addressed were raised by the staff. Those issues.included the need for a community center to be located on site; the need to identify all riparian buffers on the site; and the need for residential separation buffers. Staffreported no significant outstanding issues from the reviewing agencies, however, the Public Works/ County Engineer has requested that the master development plan identify wetlands and storm water management locations. Staff concluded by noting that the density, access, and road system were consistent with what is allowed. Members ofthe Planning Commission raised the suggestion that both Canyon Road and Morning Glory Drive be opened for residential traffic, rather than funneling all the traffic through Canyon Road alone. The applicant's representative pointed out that both Canyon Road and Morning Glory will need to comply with state standards and have state road connections; he noted that the applicant will construct a seamless connection to Morning Glory Drive, however, it will be barricaded. The applicant's representative next addressed the issues raised by the staff. It was noted that the neighborhood community center planned with the original master plan was designed to accommodate capacity from all three properties included within the collective Channing Drive development. However, the applicant plans to restore the existing structure located on the other side ofthe lake, converting it into an additional community center. Access would be via the trail system across the dam. The applicant was seeking a waiver for the residential separation buffer adjacent to the Manning & Ross property because they believed the natural 50-foot buffer was preferable to creating a man-made 25-foot buffer. It was pointed out that no riparian buffers or wetlands would be disturbed and these features would be designated on the master plan. 0 • MDP #05-04, Channing Drive: Phases 9 & 10 Page 9 May 20, 2004 Some members ofthe Planning Commission raised the issue ofrestricting all construction traffic to the 75-foot fee simple right-of-way owned by the applicant and allowing only residential traffic on Morning Glory and Canyon Drive for safety reasons and to ease traffic congestion. The legality of prohibiting use of a state - maintained road connection was raised. The viability of construction traffic using the 75-foot right-of-way was questioned because of its existing impassable terrain. Commissioner Thomas believed that the County needed to take steps to mitigate the impact of new construction on existing residential neighborhoods. He believed it was appropriate for the Commission to recommend that the developer be required to restrict construction traffic to the 75-foot right-of-way and to open up both Morning Glory Drive and Canyon Road to residential traffic only. Three citizens spoke during the public comments portion ofthe public meeting. The first citizen, the President ofthe Senseny Glen Home Owners Association inquired about obtaining permanent access to their common area through the Channing Drive development; the impact of construction traffic on existing homeowners was also raised as a concern. The other two citizens who spoke were also residents of Senseny Glen. One spoke in opposition to the plan and preferred to have construction traffic use the 75-foot right-of-way rather than Morning Glory or Canyon Road; the other citizen spoke in favor ofthe plan, citing the possibility of increased property values. Some members ofthe Commission were hesitant to send the plan forward to the Board because neither the staff nor the Commissioners had an opportunity to review the agency comments that were just submitted. Other members of the Commission believed there were issues that were still unresolved regarding infrastructure and access. In light ofthese concerns, the Planning Commission recommended approval of the master development plan for Phases 9 and 10 by the following majority vote, subject to satisfactorily addressing all agency comments: YES (TO RECOMMEND APPROVAL): Triplett, Fisher, Kriz, Ours, Thomas, DeHaven, Light, Morris, Unger, Watt NO: Gochenour, Straub (Commissioner Rosenberry was absent from the meeting.) The applicant is seeking authorization of the preliminary master development plan by the Board of Supervisors. The Board's authorization will grant staff with administrative approval authority or the final master development plan. MASTER DEVELOPMENT PLAN (MDP) #05-04 CHANNING DRIVE: PHASES 9 & 10 Fu-Shep Property Staff Report for the Board of Supervisors Prepared: May 20, 2004 Staff Contact: Eric Lawrence, Director This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist in the review of this application. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 05/19/04 Forward with comments Board of Supervisors: 05/26/04 Pending LOCATION: This property is located at the northern terminus of Morning Glory Drive (Route 1400), approximately 2,300 feet north of the intersection of Morning Glory Drive (Route 1400) and Senseny Road (Route 657). The property is also accessible via Canyon Road. MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBERS: 55-A-209, 55-A-211, 55-A-213, & 65-A-40' PROPERTY ZONING & PRESENT USE: Zoned: RP (Residential Performance) Use: Unimproved ZONING & PRESENT USE OF ADJOINING PROPERTIES: North Zoned: RA (Rural Areas) District Use: Residential & Agricultural South Zoned: RP (Residential Performance) DistricUse: Residential East Zoned: RA (Rural Areas) District Use: Residential & Agricultural West Zoned: RP (Residential Performance) DistricUse: Residential PROPOSED USE: 220 total dwelling units consisting of 149 single-family small lots and 71 multiplexes 1 The 3.8 acre parcel, identified by PIN 65-A-40, has been excluded from all calculations. This parcel has been identified on the MDP, because it is owned by Fu-Shep Farm Partnership, and is being utilized for a temporary construction access road. • • MDP #05-04, Channing Drive: Phases 9 & 10 Page 2 May 20, 2004 REVIEW EVALUATIONS: Planning Staff Note: No "master developmentplan " agency review comments were submitted with this application upon initial receipt on April 29, 2004. Review Agency Comments were received on May 18, 2004, and have been included for the Board of Supervisors meeting Department of Transportation: The preliminary master plan for this property appears to have significant measurable impact of Routes 867, Senseny Glen Road, and Route 1407, Canyon Road, the VDOT facilities which would provide access to the property. There appears to be no substantial change to the roadway design from the previously approved Master Development Plan. Therefore, VDOT approves the current submitted Master Plan. Due to the anticipated construction traffic on Senseny Glen Road and Canyon Road (subdivision roads not designed for heavy traffic), a significant surety bond will be required to cover potential damage to the roadway. It would be VDOT's preference to have any proffers from the rezoning relating to transportation issues noted on the master plan. Before making any final comments, this office wilt 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. Department of Public Works: Based on our review ofthe subject master plan, we offer the following comments: 1. It will be necessary for the master plan to reflect all wetlands and provide the total amount of wetlands that have been mapped. The master plan should also reflect the total amount of wetlands to be disturbed. 2. It will be necessary to provide the locations and relative areas of all proposed stormwater management facilities. You have indicated a road network for future Phase 10. Indicate on the plan the future use ofthe area located at the end ofthe proposed Chastin Court. The proposed road forms a "T" intersection but does not reflect a cul-de-sac. 4. The master plan shall indicate a construction entrance on Canyon Road in the Senseny Glen Subdivision rather than at the end of Morning Glory Drive in the Apple Ridge Subdivision. The Canyon Road location was previously identified on the approved master development plan. Once these comments have been addressed, submit two (2) copies ofthe revised master plan for our review. Fire and Rescue Department: The connection to Morning Glory Drive shall have a means for emergency vehicle access for fire hydrantand egress travel issues during the construction process. Water supplies for firefighting change from RP to MULTI-PLEX. Requirements maybe found in County Ordinance and 90-4 MDP #05-04, Channing Drive: Phases 9 & 10 Page 3 May 20, 2004 and the VA Statewide Fire Prevention Code. Water supply for firefighting shall be available as soon as combustible materials arrive on site. Fire hydrants at intersections are preferable over ends of cul-de-sac. Fire hydrants must be within eight feet of the curbline. Additional comments may be necessary on the subdivision plan. Plan approval recommended. Department of Geographic Information Systems: The Frederick County Department of GIS has reviewed the requested road names for use in the Revised Channing Drive, Phase 9 MDP plan submitted on April 28, 2004, and has made the following determinations: 1. All road names as presented in the Revised Channing Drive, Phase 9 MDP plan sheets, dated April 2004 are APPROVED and RESERVED as presented. Canyon Road (extension) Morning Glory Drive (extension). Thompson Court Bentpath Court Heath Court Aulee Court Norfolk Court 2. .Ifyou would like preliminary structure numbering so that you may place them on the subdivision plats -you can email the GIS Department a digital plan to rnlemasteaco.frederick.va.us and we'll return it to you with preliminary numbers annotated on the digital plan. 3. For firture plan reference, when a double cul-de-sac such as Heath Court crosses over a maj or drive or roadway, it is much better for numbering and E-911 purposes ifthe opposing cul-de-sacs have separate names. Frederick County Public Schools: This letter is in response to your request for comments on the Revised Master Plan - Channing Drive Phase 9 & 10. Frederick County Public Schools has no additional comments at this time. Department of Parks and Recreation: Plan appears to meet open space requirements. Developer is required to provide one recreation area for every 30 units. Staffrecommends that all trails be a minimum of 10' in width and be hard surfaced meeting this department's standards. Frederick -Winchester Service Authority: This office was furnished with a set of plans for the above mentioned project. Upon review FWSA has one comment regarding the Master Development Plan Revision submitted. This item may be addressed in Phases 1 through 8 of Channing Drive. The Master Plan shows anumber ofutility connections to adjoining subdivisions. The primary 21 " sewer which is to rlrn to a regional pumping station (off site) terminates within the proj ect. Shouldn't this sewer continue upstream until it reaches upstream phases of Channing Drive? Frederick County Sanitation Authority: I" review - Approved as noted - 6 items MDP #05-04, Channing Drive: Phases 9 & 10 Page 4 May 20, 2004 Planning & Zoning: D) Master Development Plan Requirement A master development plan is required for most subdivisions and development of property in Frederick County. 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. E) Location This property is located at the northern terminus of Morning Glory Drive (Route 1400), approximately 2,300 feet north ofthe intersection of Morning Glory Drive (Route 1400) and Senseny Road (Route 657). The property is east of Sovereign Village Subdivision and north of Senseny Glen . and Apple Ridge Subdivisions. This site is accessible via Canyon Road (and Morning G1ory.Drive (Route 1400). F) Site History The original Frederick County Zoning Map (U. S. G. S. Stephenson Quadrangle) identified the zoning for the acreage within the master development plan as A-2 (Agricultural General) District. This zoning classification was modified to RA (Rural Areas) District on February 14,1990 during the comprehensive amendment to the county's Zoning Ordinance. The Board of Supervisors approved Rezoning Application #15-99 for Channing Drive on December 8,1999. This action established 3 54.3 acres of land zoned RP (Residential Performance) District, and 22.0 acres of land zoned B2 (Business General) District. A Master Development Plan for the entire acreage was administratively approved on December 5, 2001. Pertaining to the Fu-Shep Tract, the currently approved MDP enables the development of 283 single-family detached urban residential lots. Single-family detached urban lots are a minim -um of 12,000 square feet with side yard setbacks of 10 feet (20' between houses). The currently approved MDP provides for 49.5 acres of open space, all provided for during phase 9. On March 23, 2004 the Frederick County Board of Supervisors adopted a resolution which gave the individual property owners of the Channing Drive Rezonng the ability to submit revised master MDP #05-04, Channing Drive: Phases 9 & 10 Page 5 May 20, 2004 development plan applications independent of one another. On April 28, 2004, Judge Prosser accepted that Toll Brothers (developer) submit a complete MDP application to Frederick County by April 29, 2004. Judge Prosser also ordered that the Frederick County Planning Commission and Board of Supervisors review the submitted plans by the end of May. Planning Staff Note: This MDP was accepted in an effort to comply with Judge Prosser's order. It is important to note that the MDP application was incomplete on April 30, 2004. G) Intended Use The proposed residential development consists of 128.75 acres and consists oftwo phases (phases 9 and 10). Phase 9 includes 149 proposed single-family small lot dwelling units on 100.39 acres, and Section 10 includes 71 proposed multiplex dwelling units on 28.36 acres. Single. -family small lots have a minim -um lot size of 3,750 square feet and have a 5 foot side setback. (10',.between homes). Multiplexes enable 3 or 4 attached residential units on minimum lots sizes of 2,700 square.. . feet (for 2-bedroom units) and have a minimum side yard setback of 15' (30' between buildings). H) Site Suitabili , & Project Scope Land Use Compatibility: The proposed subdivision is in the vicinity of other residential uses, as well as, agricultural uses to the north and east. The Senseny Road Corridor consists mostly of suburban residential development, primarily of the single-family detached traditional, urban, and cluster types. Historic Resources: The Frederick County Rural Landmarks SurveX does not identify any potentially significant historic resources on the site of the proposed master development plan. Furthermore, according to the National Park Service's Study of Civil War Sites in the Shenandoah Valley of Virginia, the subject site does not contain any core battlefield resources. Environment: Based on the applicants information, the subject site contains a 8.72 acre lake, 4.71 acres ofnatural stormwater detention areas, and 18.73 acres of steep slopes. 10% of the natural stormwater detention areas and 20.02% of steep slopes are proposed to be disturbed by this development, which is in conformance with the requirements of the Frederick County Zoning Ordinance. Riparian Buffers are required on both sides of all natural waterways. The General Soil Map of the Soil Survey of Frederick County, Virginia indicates that the soils MDP #05-04, Channing Drive: Phases 9 & 10 Page 6 May 20, 2004 comprising the subj ect parcels fall Linder the Weikert-Berk soil association, which are common soil types found east of Interstate 81. It is noted that these soil types 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 through the site development process. Transportation: The primary access to the site will ultimately come from Channing Drive. Initial access will be via Canyon Road per court order, dated March 24, 2003. The proposed master development plan also illustrates a temporary construction road on parcel 65-A-40, which would be parallel to Morning Glory Drive (Route 1400). Channing Drive is a future major collector road which was proffered as part of the Channing Drive Rezoning and will be constructed prior to the development of the Fu-Shep Property. Secondary access is proposed via Morning Glory Drive and Canyon Road for Phase 9. Also, Phase 10 may eventually connect with Eddy's Lane, and Chastin Court may be extended to the adjoining property to the east, depending on how the surrounding area -.develops in the future. Comprehensive Policy Plan: The proposed 128.75-acre site is zoned RP (Residential Performance) and is:within the UDA . (Urban Development Area) and the SWSA (Sewer and Water Service Area). The development of thesubject property for residential uses is in general conformance with the policies of the Frederick County Comprehensive Policy Plan. Density: The total 220 residential units on the 128.75 acres calculates to an overall residential gross density of 1.71 units per acre. This is less than the 2.5 residential units per acre proffered with the Channing Drive Rezoning for the Fu-Shep Property. The currently approved MDP has a gross residential density of 2.2 units per acre for the Fu-Shep Property. Open Space: A total of 63.66 acres (49%) of the entire site will be designated as open space. This exceeds the required 3 8.63 acres (30%) of open space, as specified by the Frederick County Zoning Ordinance. 27.92 acres of the proposed 63.66 acres are located outside of steep slopes areas, lakes and wetlands. This exceeds the 19.32 acres required to be outside of these environmental areas. F) Planning Staff Review Comments/Issues: The following comments must be adequately addressed by the applicant prior to approval: 1) Review Agency Comments. As noted above, no review agency comments of this MDP were submitted with this master development plan application. Such comments must be received and complied with prior to MDP approval. MDP #05-04, Channing Drive: Phases 9 & 10 Page 7 May 20, 2004 2) Special Limited Power of Attorney Form. Please have the property owner submit a completed, signed and notarized Special Limited Power of Attorney Form. This form grants the applicant with the authorization to represent the property owner. 3) Magisterial District. Please change the reference to the magisterial district from the Stonewall District to the Red Bud District. The Red Bud District is the correct district. 4) Riparian Buffers. Please show all natural waterways and required riparian buffers. 5) Multiplex Units. Please specify on the MDP whether the proposed multiplex units will be multi -family or single-family. 6) Proffer Summary. Please list all proffered conditions verbatim on the master development plan for reference. The proffer summary provided on page 2 of 2 excludes some proffered conditions, such as the monetary contribution of $4,205.14 per lot and the nature trails. 7) Trails. Please specify on the MDP that the proposed trails will be constructed for public use. Please also provide the following information on the MDP regarding the proposed trails: a) whether or not the trail will be established within an easement, b) what the width of the easement will be, if proposed, c) what the width of the trail will be, and d) what the surface material and base material of the trail will be. 8) Revision Dates. Please list any revision dates on the MDP. According to the submitted plan, this plan was prepared in October of 2002 and has not been revised. 9) Sidewalks. According to the Typical Roadway Section on the MDP, the proposed sidewalks are 4 feet in width. Please note that VDOT has increased their minimum width of sidewalks to 5 feet. Please revise the plan accordingly. 10) Residential Separation Buffers. Per Section 165-37 C(1)(a)[2], of the Zoning Ordinance, please show the required residential separation buffers between the proposed, single-family small lots and the adjoining single-family detached traditional, urban, and cluster lots. 11) Landscaping. Per Sections 165-65 F (2) and 165-36, of the Zoning Ordinance, please provide the required landscape plantings. 12) Hours of Operation for Temporary Construction Road. Please consider limiting the use ofthe temporary construction road to reasonable operation hours to lessen the impact it will have to adjoining properties. MDP #05-04, Channing Drive: Phases 9 & 10 Page 8 May 20, 2004 13) Community Center. Please provide a community center(s) for the proposed development as required per Section 165-64 A, of the Frederick County Zoning Ordinance. Planning Staff Note: The applicant submitted a revised MDP on May 19, 2004, in an attempt to address staff comments. Three of these comments have not been satisfactorily addressed. Riparian Buffers, Residential Separation Buffers, and the Community Center. STAFF CONCLUSIONS FOR 04/07/04 PLANNING COMMISSION MEETING: Upon adequate resolution ofthe above -listed comments, including all review agency, Planning Commission and Board of Supervisors comments, this Master Development Plan would be consistent with the requirements of Article XVII, Master Development Plan, ofthe Zoning Ordinance. All ofthe issues identified by the Planning Commission should be appropriately addressed. PLANNING COMMISSION SUMMARY & ACTION OF 05/19/04 MEETING: Staff noted that the necessary review agency comments that were absent from the application have since been received by staff on May 18, 2004, and were handed out to the Planning Commission this evening; staff noted that this submittal now makes this master development plan application complete. Three planning issues still remaining to be addressed were raised by the staff. Those issues included the need for a community center to be located on site; the need to identify all riparian buffers on the site; and the need for residential separation buffers. Staff reported no significant outstanding issues from the reviewing agencies, however, the Public Works/ County Engineer has requested that the master development plan identify wetlands and storm water management locations. Staff concluded by noting that the density, access, and road system were consistent with what is allowed. Members ofthe Planning Commission raised the suggestion that both Canyon Road and Morning Glory Drive be opened for residential traffic, rather than funneling all the traffic through Canyon Road alone. The applicant's representative pointed out that both Canyon Road and Morning Glory will need to comply with state standards and have state road connections; he noted that the applicant will construct a seamless connection to Morning Glory Drive, however, it will be barricaded. The applicant's representative next addressed the issues raised by the staff. It was noted that the neighborhood community center planned with the original master plan was designed to accommodate capacity from all three properties included within the collective Channing Drive development. However, the applicant plans to restore the existing structure located on the other side ofthe lake, converting it into an additional community center. Access would be via the trail system across the dam. The applicant was seeking a waiver for the residential separation buffer adj acent to the Manning & Ross property because they believed the natural 50-foot buffer was preferable to creating a man-made 25-foot buffer. It was pointed out that no riparian buffers or wetlands would be disturbed and these features would be designated on the master plan. MDP #05-04, Channing Drive: Phases 9 & 10 Page 9 May 20, 2004 Some members of the Planning Commission raised the issue of restricting all construction traffic to the 75-foot fee simple right-of-way owned by the applicant and allowing only residential traffic on Morning Glory and Canyon Drive for safety reasons and to ease traffic congestion. The legality of prohibiting use of a state - maintained road connection was raised. The viability of construction traffic using the 75-foot right-of-way was questioned because of its existing impassable terrain. Commissioner Thomas believed that the County needed to take steps to mitigate the impact of new construction on existing residential neighborhoods. He believed it was appropriate for the Commission to recommend that the developer be required to restrict construction traffic to the 75-foot right-of-way and to open up both Morning Glory Drive and Canyon Road to residential traffic only. Three citizens spoke during the public comments portion of the public meeting. The first citizen, the President of the Senseny Glen Home Owners Association inquired about obtaining permanent access to their common area through the Channing Drive development; the impact of const action traffic on existing homeowners was also raised as a concern. The other two citizens who spoke were also residents of Senseny Glen. One spoke in opposition to the plan and preferred to have construction traffic use the 75-foot right-of-way rather than Morning Glory.or Canyon Road; the other citizen spoke in favor of the plan, citing the possibility of increased property values. Some members ofthe Commission were hesitant to send.the plan forward to the Board because neither the staff nor the Commissioners had an opportunity to review the agency comments that were just submitted. Other members of the Commission believed there were issues that were still unresolved regarding infrastructure and access. In light ofthese concerns, the Planning Commission recommended approval of the master development plan for Phases 9 and 10 by the following majority vote, subject to satisfactorily addressing all agency comments: YES (TO RECOMMEND APPROVAL): Triplett, Fisher, Kriz, Ours, Thomas, DeHaven, Light, Morris, Unger, Watt NO: Gochenour, Straub (Commissioner Rosenberry was absent from the meeting.) The applicant is seeking authorization of the preliminary muster development plan by the Board ofSupervisors. The Board's authorization will grant staff with administrative approval authority for the final master development plan. TO: FROM: RE: DATE: COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 M E M O R A N D U M Frederick County Planning Commission Jeremy F. Camp, Planner II .�� Review Agency Comments For Master Development Plan (MDP) #05-04 Channing Drive: Phases 9 & 10 (Fu-Shep Property) May 19, 2004 x As the staff report indicates, the MDP for the Fu-Shep Property was incomplete as submitted on April 29, 2004. Planning Staff scheduled the review of this MDP with the Planning Commission, despite an incomplete application, in an effort to comply with Judge Prosser's Court Order stipulating that Frederick County is to review the MDP by the end of May. Yesterday, Eastern States Engineering faxed staff with the required review agency comments. Please find attached with this memo the facsimile cover sheet from Eastern States Engineering, dated May 18, 2004, and all review agency comments. JFC/bad 107 North Kent Street • Winchester, Virginia 22601-5000 MAY. 16-2004 16:44 EASTERN STATES ENG. • 703 433 G204 P.01iO4 'ECEIVED UN MAY 1 8 7 �A�S Fac,�simile Caversheet REDERICK NTY ENGINEERING `"& °E Fax Recipient: Mr, Jeremy Camp Fax At: 540-665-6395 Office: Frederick County Planning Phone 9: 540-665-5651 Sender: Stephen Collins, P.E. Sender's 703-433-6244 Phone #: Subject: Channing Drive Phase 9 & 10 Date: May 1 S, 2004 Time: 4:46 PM No. of Pages 4 Comments: Jeremy, Following are the remaining comment letters we have received. When t met with Patrick Davenport on Friday I provided him copies of the comment letters we had received to date for him to forward you. These arc the final letters from all agencies that we were required to get comments from. I will hand deliver additional copies tinder a separate transmittal tomorrow morning. In addition I will bring; by a CD copy of the presentation for your use as you asked. Per our conversation from yesterday, you stated that staff s position would essentially be that the application was incomplete. The two items listed in your letter making our application incomplete were the lack of comments from outside agencies and the power of attorney. We have now provided copies of' comments from all required agencies. In addition, my clients council, Ty Lawson, spoke with Mr. John Rieley and Mr. Larry Ambrosia regarding the power of Attorney. Based on that: conversation it is my understanding that the power of attorney is not required. Therefore, I believe our application is complete and rcqucst that staff reconsider it's position for tomorrow evenings Planning Commission meeting. If I can provide you any additional information or answer any questions please contact me at 703-433- 6244 or scollins,Za_,eseeng.com. Steve Collins, P.E. ESE -VA If you do not receive all pages of this fax, please contact the sender immediately Eastern States Engineering, Inc. P.O. Box 651208 Sterling, VA 20165-1208 Phone; (703) 433-6254 Fax (703) 433-6204 Frederick County, Virginia Master Development Plan Application Package Request for Master Development Plan Comments Virginia Department of Transportation Mail to: Virginia Department of Transportation Attrr Resident Engineer 14031 Old Valley Pike Edinburg, Virginia 22824 (540) 984-5600 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 the sheet. Applicant's Name: -1" o L-L- V N IV, L.P. Address: \ to 0 Z vb �e`. MQP C % RJ F-, SUITE- Gn -3x, L L-V-- s V A ao l Lop lv Phone Number: -1 O 3) y 33 - L, a y y Name of development and/or description of the request: (' r�v►�� �� `D�►vE P ANse 9 � 10 - MN$l-r L -�)EVELOPME ► -r Pt_Rty ►ZEvti S►C)0 Location of property: - *E OCR -TV" TCL"Iw?VS OF MoQ tJI►J -, GLOU? Virginia Department of Transportation's Comments: See attached 1Ptter frnm VMT to EaGtern States Engineering dated May 14, 2004. Page 20 C� COMMONWEALTH of VIRGINIA Philip A. Shucet COMMISSIONER May 14, 2004 Mr. Stephen S. Collins, Jr., P.E. C/O Eastern States Engineering, Inc. P. O. Box 651208 Sterling, VA 20165-1208 DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY 14031 OLD VALLEY PIKE EDINBURG, VA 22824 Ref: Channing Drive, Phase 9 - Fu-Shep Property Dear Mr. Collins: JERRY A COPP RESIDENT ENGINEER TEL (540) 984-5600 FAX (540) 984-5607 The preliminary master plan for this property appears to have significant measurable impact on Routes 867, Senseny Glen Road, and Route 1407, Canyon Road, the VDOT facilities which would provide access to the property, There appears to be no substantial change to the roadway design from the previously approved Master Development Plan. Therefore, VDOT approves the current submitted Master Plan. Due to the anticipated construction traffic on Senseny Glen Road and Canyon Road, (subdivision roads not. designed for heavy traffic) a significant surety bond will be required to cover potential damage to the roadway. It would be VDOT's preference to have any proffers from the rezoning relating to transportation issues noted on the master plan. 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. Priorto construction on the State's right-of-way the developer will need. to applyto this office for issuance of appropriate permits to cover said work. Thank you for allowing us the opportunity to comment. S' c ely, Lloyd A: Ingram. . Transportation Engineer LAI/rf Enclosure — Comment Sheet xc:. Mr. Erie Lawrence, Mr. Chris Mohn VirginiaDOT.org MAY-18-2004 16:44 o EASTERN STATES ENG. • 0 703 433 6204 P.02iO4 COUNTY of FREDERICK Department of Public Works 540/665-5643 FAX: 540/ 678•068Z Mr. Stephen S. Collins, Jr., P.E. Eastern States Engineeriiig, Inc. P.Q. Box 651208 Sterling, Virgins 20165-1208 May 14, 2004 RE Master Plan Comments - Fu-Shop - Phases 9 and 10 - Channing Drive Frederick County, Virgi4a Dear Mr. Collins-. Based on our review of the subject master plan., we offer the following conunents: 1) It will be necessary for the master plan to reflect all wetlands and provide the total amount of wetlands that have been mapped. The master plan should also reflect the total amount of wetlands to be disturbed. 2) It will be necessary to provide the locations and relative areas of all proposed stormwater management facilities. 3) You have indicated a road network for future Phase 10. Indicate on the plan the fixture use of the area located at the end. of the proposed Chastin Court, The proposed road forms a "T" inters:.ction but does not reflect a cul-de-sac. 4) The master plan shall utdicate a construction entrance on Canyoo Road in the Senseny Glen Subdivision rather than at the end of Moming Glory Drive in the Apple Ridge Subdivision. The Canyon Road location was previously identified on the approved master development plan. Once these comments have been addressed, submit two (2) copies of the revised master plan for our review -� �B8► Sincerely, Post -it" fax Note 7671 Date � � iC From CO.I'Jep[. co ' Phone # Phone M Fax # Fax v Harvey E. rawsoyder, Jr., P E. Director of Public Works HES/ris cc: Eric Lawrence. Director of Planning and Developmem 107 North Dent St► et • Winchester, Virginia 2.2601-5000 MAY-18-2004 16:44 EASTERN STATES ENG. 703 433 6204 P.03iO4 t ' i Frederick County Fire and Fescue Department Office of the Fire Marshal Plan Review and Comments. Control number Date received Date reviewed Date Revised MOPO4-0013R i 5r7/2004 5/17/2004 Project Name Applicant Channtng ❑rive Phase 9 Eastarn States Engineering Address City State 'Zip Applicant Phone PO Box 651208 Sterling VA 20166 703-43M244 ! Type Application Tax ID Number Fire District Rescue District Master Development 18 18 Current Zoning Election District RP i Recommendations Redbud Automatic $prink!er System Automatic Fire Alarm System Residential Sprinkler System No No Yes Other recommendation Emergency Vehicle Access Adequate. Siamese Location Not Identified Emergency Vehicle Access Comments Requirements Hydrant Location Adequate Roatlway/Aisleway Widtn Adequate Fire Lane Required Yes Special Hazards No The connection to Morning Giory Drive shall have a means for emergency vehicle aeocss for fire hydrant and egress travel issues during the construction process. Wale- supplies for firefighting change from RP to MULTI-PLEX. Requirements may be found in County Drdinance and 90-4 and the VA Statewide Fire Prevention Code. Water supply for firefighting Shall be available as soon as combustible materials arrive on site. Access Comments Fire hydrants at intersections are preferrable over ends of cul-de-sacs. Fire hydrants must be within S feet of the curoline. Additional Comments Additional comments may he necessary on the subdivision plan. Plan Approval Recommended Reviewed By Yes Karl Steudl signature ^ Title ra, MAY-18-2004 16:45 EASTERN STATES ENG. 703 433 6204 P.04iO4 FROM : FC G I S • FAX NO. : 540-545--7BIUD DEPT. OF GEOGRAPHIC YN)F'OItMATION SYSTEMS F DERICK COUNTY, VIRGINIA START NAME COMMENTS DATE: May 37 2004 STAFF MEMBER: Marcus Lzmasters, Director SUBDIVISION: Channing Drive, plisse 9 COMMENTS: The Frederick CountyDepartment of GIS has reviewed therequested road names for use in the Revised Charming Drive, Phase 9 MDP plans submitted on April 28, 2004, and has made the following determinations: 1. All road manes as presented in the Revised Chan -ring Drive, Phase 9 MDP plan sheets, dated Apri12004 are APPROVED and RESERVED as presented. Canyon Road (extension) Morning Glory Drive (extension) Thompson Court Bentpath Court Heath Court Aulee Court Norfolk Court 2. I£you would like preliminary structure numbering so that you mayplace them on the subdivision plats... you can ern ml the GIS Department a digital plan to ml_emast& _,co. ftderick-va.w and we' ll return it to you with preliminary numbers annotated on the digital plan. 3. For future plan reference, when a double cul-de-sac such as Heath Court crosses over a maj or drive orroadway, it is much betterfor numbering and 1? 911 purposes ifthe opposing cul-de-sacs have scnarate names. Frederick County Dept of CtIS, 107 North Kent Street, Winchester, VA 22601, (540)665.5614, FAX: (540)545-7086 TOTAL P.04 05/12/2004 15:47 1540662389e FCPS PAGE 01/01 ..Frederick County Public Schools ... to ensure all students an excellent education AI Omdoiff Ackninistrative Aseistant to the swerintwww omdorfa�bederick kt2.ve.us May 12, 2004 Mr, Stephen S. Collins, Jr., P.E. Eastem States Engineering, Inc. P.O. Box 651208 Sterling, VA 20165-1208 RE: Channing Drive Phase 9 & 10 — t`u-Shep Property Dear Mr Collins: This letter is in response to your request for comments on the Revised Master Plan — Channing Drive Phase 9 & 10. Frederick County Public Schools has no additional comments at this time. Respectfully Yours, Lw Al Orndorff gtcft► - t_ttQ_th_�I tRR�iRfENIdBRt_ ALO/ssn pe: William C. Dean, Ph. D. Superintendent of Schools 1415 Amherst Street www.hd. ekk.k12,va,u9 54-662.38WW.112 P.O. Sm 3508 540-54&2439 Winchester, Virginia 22604.2546 540-WaW fax 1540GG23ego 99% P.01 • Frederick County, Virginia Master Development Plan Application Package Request for Master Development Plan Comments Frederick County Department of Parks and Recreation Mail to: Hand deliver to: Frederick County 2nd Floor Department of Parks and Recreation 107 N. Kent Street 107 N. Kent Street Winchester, VA Winchester, Virginia 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: -I . \I N- W) L � 9 . Address: Qwpso N--1 OC'[ ` i � C i 2.GLN ;` E' 1--143 -DuL�-C S , V a Q1 �-pU Phone Number: C-I 037 u 33 - C o 0'-iH Name of development and/or description of the request: MNSTEQ.7DE\/EU)9I 1E t�T V1 (k�-D -.1✓V)0-51 DO Location of property: MP P LOB. 03CDyt �,�IA CT- 10—M (Z S;°-CM 00 OE �� cS�U; c�Xa l c �� Y I M v E GILT I YL-D') P SF tJ oy `�f�n (�-7' i� -t�►�rE tx�`�1��N `'1��,►� � ►.�y S � � Mv�,t-� iy3� C� Lc�'� �D��ye Department of Parks and Recreation's Comments: Plan appears to meet open space requirement8.. Developer is required to provide one recreation area for every 30 units. Staff recommends that all trails Be a minimum o in width and be hard sur ace meering this department's standards. Page 28 May 12 04 02:29p FW WINC SERV AUTHORITY 540 22 1103 p•2 Memo To: Frederick County — Department of Pla ing & Development From: Jesse W. Moffett — Executive Director Date: May 12, 2004 Re: Channing Drive Phase 9 & 10 — Fu-Shep Property This office was furnished with a set of plans for the above, mentioned project. Upon review FWSA has one comment regarding the Master Development Plan Revision submitted. This item maybe addressed in phasesl through 8 of Channing Drive. The Master Plan shows a number of utility connections to adjoining subdivisions. The primary 21" sewer which is to run to a regional pumping station (off site) terminates within the project. Shouldn't this sewer continue upstream until it reaches upstream phases of Channing Drive? • Page 1 rAgl 72� 1 107 95% P. 02 9 • Frederick County, Virginia Master Development Plan Application Package Request for Master Development Plan Comments Frederick County Sanitation Authority Mail to: Hand deliver to: Frederick County Sanitation Authority 315 Tasker Road Attn: Engineer Stephens City, Virginia P.O. Box 1877 (540) 868-1061 Winchester, Virginia 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 the sheet. Applicant's Name: Q N \v} L P Address: a \ �-o 2:)c ► ,C i CP C i Q L C . Sk.) ;TU 130 .-DvLLG S V A Cam\ UU Phone Number: UCS0 ) ` \ 13 " U, a 4-1 Name of development and/or description of the request: C.� �.►.�ti `-Q,►vE �tM`:E I f Io- MSS; c�ikV� t_.t-�)Pr +� k)T pLNU LEu�SIQQ Location of property: P.PP� GX �i ► bZTtt c Tlt� I� `��Ci►C of t,A OLt.D � ►. b G WL-bU v, � S UT MQO) Ae 122 f i le)'7�, IkT T hF Z; , E R t•� oV:- NA cUj , 0 (_, G t,o Frederick County Sanitation Authority's Comments: / 5 7 R,c W,61,41- YIA' oYee9 4S 4'U T,E0 - Frederick County Sanitation Authority use only Date received Review Number: 1 2 3 4 5 (please circle one) Date reviewed Date approved Revisions required Signature and Date Page 22 • TO: FROM: us COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 M E M O R A N D U M :Y2T..JAVI.€1'3"'=,.,-.. Frederick County Planning Commission 11/7 Jeremy F. Camp, Planner II 1. 7 C1 Review Agency Comments For Master Development Plan (MDP) #05-04 Channing Drive: Phases 9 & 10 (Fu-Shep Property) DATE: May 19, 2004 _t...0 r - As the staff report indicates, the MDP for the Fu-Shep Property was incomplete as submitted on April 29, 2004. Planning Staff scheduled the review of this MDP with the Planning Commission, • despite an incomplete application, in an effort to comply with Judge Prosser's Court Order stipulating that Frederick County is to review the MDP by the end of May. Yesterday, Eastern States Engineering faxed staff with the required review agency comments. Please find attached with this memo the facsimile cover sheet from Eastern States Engineering, dated May 18, 2004, and all review agency comments. JFC/bad • 107 North Kent Street • Winchester, Virginia 22601-5000 MAY-18-2004 16:44 EASTERN STATES ENG. 703 433 6204 P.01iO4 E(DEIVED EASriERN ai�Er7.�� S E7 i_ � l: } • STATES Fa idle Caversheet -e`nICK uTY ENGINEERING H 1. k�� °� Fax Recipient: Mr. Jeremy Camp Fax 4: 540-665-6395 Office: Frederick County Planning Phone 9: 540-665-5651 Sender: Stephen Collins, P.E. Sender's 703-433-6244 Phone 9: Subject: Channing Drive Phase 9 & 10 Date: May 18, 2004 Time: 4:46 PM No. of Pages 4 Comments: Jeremy, Following are the remaining comment letters we have received. When I met with Patrick Davenport on Friday I provided him copies of the comment letters we had received to date for him to fonvard you. These are the final letters from all agencies that we were required to get comments from. 1 will hand • deliver additional copies tinder a separate transmittal tomorrow morning. In addition I will bring by a CD copy of the presentation for your use as you asked. Per our conversation from yesterday, you stated that staff s position would essentially be that the application was incomplete. The two items listed in your letter making our application incomplete were the lack of comments from outside agencies and the power of attorney. We have now provided copies of comments from all required agencies. In addition, my clients council, Ty Lawson, spoke with Mr. John Kieley and Mr. Larry Ambrosia regarding the power of Attorney. Based on that conversation it is my understanding that the power of attorney is not required. Therefore. I believe our application is complete and request that staff reconsider it's position for tomorrow evenings Planning Commission meeting. If I can provide you any additional information or answer any questions please contact me at 703-433- 6244 or scollinsna_.eseeng.eom. Steve Collins, P.E. ESE -VA If you do not receive all pages of this fax, please contact the sender immediately Eastern States Engineering, Inc. • P.O. Box 651208 Sterling, VA 20165-1208 Phone; (703) 433-6254 Fax: (703) 433-6204 • Frederick County, Virginia Master Development Plan Application Package Request for Master Development Plan Comments Virginia Department of Transportation Mail to: Virginia Department of Transportation Attn Resident Engineer 14031 Old Valley Pike Edinburg, Virginia 22824 (540) 984-5600 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 the sheet Applicant's Name: -r oL-i- V k 1 V , L-. P . Address: Q 1l0 30 C% R.C. LF', Sv iT� Gn -DU L L�:- S, V R `-b 1 iv o Phone Number: 0 o ];) y 33 - to a `-i `i • Name of development and/or description of the request: 7i Q-%yE V\kNsE 9 k 10 - MAsTrL `pCVEL()PMIE0T' PLRty ►2EvsS�00 Location of property: REQ 01U tuQTE LY aaMR-hODU79- o�: ' i I45 I u�EC.Tjco o -T*EyQex\-'r ITE9-"%VjVS CA: W%0?- DIUC' GLO `>' ��-►yE. Virginia Department of Transportation's Comments: See attached 1 PttPr from ViXYT to East= States Engineering --dated May 14 2004. Page 20 i i COMMONWEALTH of VIRGIN A Philip A. Shucet COMMISSIONER May 14, 2004 Mr. Stephen S. Collins, Jr., P.E. C/O Eastern States Engineering, Inc. P. O. Box 651208 Sterling, VA 20165-1208 DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY 14031 OLD VALLEY PIKE EDINBURG, VA 22824 Ref: Channing Drive, Phase 9 - Fu-Shep Property Dear Mr. Collins: JERRY A. COPP RESIDENT ENGINEER TEL (540) 984-5600 FAX(540)984-5607 The preliminary master plan for this property appears to have significant measurable impact on Routes 867, Senseny Glen Road, and Route 1407, Canyon Road, the VDOT facilities which would provide access to the property. There appears to be no substantial change to the roadway design from the previously approved Master Developiiient Plan. Therefore, VDOT approves the current submitted Master Plan. Due to the anticipated construction traffic on Senseny Glen Road and Canyon Road, (subdivision roads not designed for heavy traffic) a significant surety bond will be required to cover potential damage to the roadway. It would be VDOT's preference to have any proffers from the rezoning relating to transportation issues noted on the master plan. 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. Thank you for allowing us the opportunity to comment. S' c .ely, Lloyd A. Ingram. Transportation Engineer LAI/rf Enclosure — Comment Sheet xc:. Mr. Eric Lawrence, Mr. Chris Mohn VirginiaDOT.org MAY-18-2004 16:44 EASTERN STATES ENG. 703 433 6204 P.02iO4 • • COUNTY of FREDERICK Department of Public Works • 5401665-5643 FAX- 540/ 678.068 z May 14, 2004 Mr. Stephen S. Collins, Jr., P.B. F,astern States Engineerbig, Inc. P,O. Box 651208 Sterling, Virgina 20165-1208 Master Plan Comments - Fu-Shop - Phases 9 and 10 - Channing Drive Frederick County, Virgiatia Dear Mr. Collins: Based on our review of the subject master plan, we offer the following conurnents: 1) It will be necessary for the master plan to reflect all wetlands and provide the total amount of wetlands that have been mapped The master plan should also reflect the total amount of wetlands to be disturbed. • 2) It will be necessary to provide the locations and relative areas of all proposed stormwater management facilities. 3) You have indicated a road network for future Phase 10. Indicate on the plan the fiiture. use of the area located at the end. of the proposed Chastin Court. The proposed road forms a "T" inters:.ction but does not reflect a cul-de-sac. 4) The master plan shall indicate a construction entrance on Canyott Road in the Senseny Glen Subdivision rather than at the end of Morning Glory Drive in the Apple Ridge Subdivision. The Canyon Road location was previously identified on the approved mastt�r development plan. Once these comments have been addressed. submit two (2) copies of the revised master plan for our review. post-Ir Paz Note Idarvey E.'13(rawsnyder, Jr., P E. Director of Pu.blN. Works • cc: Eric Lawrence. Director of Planning and Development 107 North Kent Street • Winchester, Virginia 226011-5000 MAY-18-2004 16:44 EASTERN STATES ENG. 9 Frederick County Fire and Rescue Department Office of the fire Marshal Plan Review and Comments. Control number Date received Date reviewed NlUP04-Di]13R 5f7=04 Project Name Applicant Channing Drive Phase 3 Eastarn States Engineering Address City state zip PO Box 651208 Sterling VA 20185 703 433 6204 P.03iO4 Date Revised 5/17/2004 Applicant Phone 703-433-6244 Type Application Tax ID Number Fire District Rescue District Master Development 18 18 Current Zoning Election Distrct RP R d tio nS Redbud Automatic Sprinkler System No Other recommendation • Emergency Vehicle Access Adequate Siamese Location Not Identified • ecommen a Automatic Fire Alarm System No Requirements Hydrant Location Adequate Roaclway/Aisleway Wkttn Adequate Residential Spdnkier System Yes Fire Lane Required Yes Special Hazards No Emergency Vehicle Access Comments The connection to Morning Glory Drive shall have a means for emergency vehicle access for fire hydrant and egress travel issues during the construction process. Water supplies for firefighting change from RP in MULTI -FLEX. Requirements may be found in County ordinance and 90-4 and tiie VA Statewide Fire Prevention Code. Water supply for firefighting shall be available as soon as combustible materials arrive on site. Access Comments Fire hydrants at intersections are preferrable over ends of cul-de-sacs. Fire hydrants must be wilhin 8 feet of the curblIe. Additional Comments Additional comments may be necessary on the subdivision pian. Plan Approval Recommended Yes Reviewed By signature Karl Steudl Tifie NRY-18-2004 16:45 EASTERN STATES ENG. 703 433 6204 P.04iO4 FROM : FC is I s • FAX NO. : 540-545-7L b • f Idy, u,3 js:kp + ej4. µere t r • • • DEPT. OF GEOGR_kPHIC JNFORMATION SYSTEMS MDERICK COUNTY, VIRGINIA STREET NAME COMMENTS DATE: May 312004 STAFF MEMBER: Marcus Lemasters, Director SUBDIVISION: Charming Drive, Phase 9 COMMENTS: The FrederickCountyDepartinent of GIS has reviewed therequested roadmmes for use in the Revised Charming Drive, Phase 9 MDP plans submitted on April 28, 2004, and has made the following determinations: 1. All road names as presented in the ,Revised Channing Drive, Phase 9 MDP plan sheets, dated April 2004 are APPROVED and RESERVED as presented. Canyon Road (extension) Morning Glory Drive (extension) Thompson Court Bentpath Court Heath Court Aulee Court Norfolk Court 2. If you would like prelimin aly stricture mlmberin so that you mayplace th= on the subdivision plats... you can cr,=1the GIS Departrnent a digital plan to miemast (co.fredezickva.us and we'll return it to you with preliminary numbers annotatod on the digital plan. 3. For future plan reference, when a double cul-de-sac such as Heath Court crosses over a maj or drive orroadway, it is much better for numbering and E-911 purposes ifthe opposing cul-de-sacs have se orate names. Frederick County Dept of GLS, 107 North Kett S7cet, Winchester, VA 22601, (540)665-5614, FAX: (540)545-7086 TOTAL P.04 e5/12/2e04 15:47 154066238090 FCPS 0 PAGE 01/01 0 %Frederick County Public Schools ... to ensure all students an excellent education• AIOmckwff AcWhfzhWe Assistant %rKwrtjk@V@dwiv"12.v&.u% ta the swwkftmw 0 May 12, 20X04 Mr, Stephen S. Collins, Jr., P.E. Eastern States Engineering, Inc. P.O. Box 651208 Sterling, VA 20165-1208 RE: Channing Drive Phase 9 & 10 — Fu-Shep Property Dear Mr Collins: This letter is in response to your request for comments on the Revised Master Plan — Channing Drive Phase 9 & 10. Frederick County Public Schools has no additional comments at this time. Respectfully Yours, .4— Al Orndorff minnistrat ALO/ssn po, William C. Dean, Ph.D. Superintendent of Schools 1415 WOW street wNw,h&&k.k12ya,u9 540-682-3W ext. 112 P.O. &X M 540545-2439 Winchester, Virginia 22604-2W 640-W-W W 4 =A nr C -)200M 99% P. 01 Frederick County, Virginia Master Development Plan Application Package Request for Master Development Plan Comments Frederick County Department of Parks and Recreation Mail to: Hand deliver to: Frederick County 2nd Floor Department of Parks and Recreation 107 N. Kent Street 107 N. Kent Street Winchester, VA Winchester, Virginia 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: U N NV, 1 . IP Address: Qf� Oso N--\ OC'E 1 Cp 1 ?-CL- 11-E 1�D \/ N a a Phone Number: q 23 J (-O a HH Name of development and/or description of the request: (� � CL)p,ME 1\-5T Location of property: M) P LOA . 93C0yT `t O -T" M= ` M-E 1tJ3 E IL Si' GTE o!J OE m cg -� &X.;,�-) Lcj L.Y _b M vE GILT I" Pr►jQ SF tJ uw �� CIL 1 7� �►'rE t�D2� - �N "1 � ►mot (00s D 5 N.C-A_ p j t-;)c9 Department of Parks and Recreation's Comments: Plan appears to meet open space requirements.. Developer is required to provide one recreation area for every 30 units. Staff recommends that all trails be a minimum o in width and be hard sur ace meertng this deparLmenL'S standards. Department.of Parks'and Recreatior,use. only Date received. Review Number:. Date reviewed. Date approved Signature and Date 1. 2 3 4 5 (please circle one) Revisi6n;required Pi I in h 0 �/ Page 28 Mai 12 04 02:29p FR D WINC SERV AUTHORITY 540 22 1103 p.2 • Memo To: Frederick County — Department of Pla ing & Development From: Jesse W. Moffett — Executive Director Date: May 12, 2004 Re: Channing Drive Phase 9 & 10 — Fu-Shep Property This office was furnished with a set of plans for the above mentioned project. Upon review FWSA has one comment regarding the Master Development Plan Revision submitted. This item maybe addressed in phasesl through 8 of Channing Drive. The Master Plan shows a number of utility connections to adjoining subdivisions. The primary 21" sewer which is to run to a regional pumping station (off site) terminates within the project. Shouldn't this • sewer continue upstream until it reaches upstream phases of Channing Drive? • • Page 1 - — A A f q�,/ P.02 • Frederick County, Virginia Master Development Plan Application Package Request for Master Development Plan Comments Frederick County Sanitation Authority Mail to: Hand deliver to: Frederick County Sanitation Authority 315 Tasker Road Attn: Engineer Stephens City, Virginia P.O. Box 1877 (540) 868-1061 Winchester, Virginia 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 the sheet. Applicant's Name: 1 COL. \u"-, L. p. Address: a 1 u s L ►I->6 E i op C i Q C I t Sy �T� 130 Phone Number: Name of development and/or description of the request: C+��.U1J►iJ�`��,�v�. PNi��� q f Imo- Mrs; c�.�.v��-�pM�►�,— • PLP<y 12 C u � S i C7tJ Location of property: MPLOX. �):I�- FT ►-dLTt1- O Ilir I► --'EEL-- --CT►C*,D op C�L►.�►1� G Lo�.Y .�� vc Cz-T 142b M-U 1.-' f Zi - b C L% W- i-) 1kT Tf �i�t 'TE(! -M ► ►J�.�S OF MO�.IJ � U V G l.O�.tif 'f(.,1 � _ ___--_- -- - -------- Frederick County Sanitation Authority's Comments: 15 % R,FV/,E t f/ - I;/'/Q 0yec 9 4,.5- ,,V 0 7,C:D - Frederick County Sanitation Authority use only Date received Date reviewed Signature and Date Review Number: 1 2 3 4 5 (please circle one) Date approved Revisions required 0 Page 22 COUNTY of FREDERICK w • � Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 ME M .O RAND U M TO: Frederick County Planning Commission FROM: Jeremy F. Camp, Planner II RE: Review Agency Comments For Master Development Plan (MDP) 905-04 Channing Drive: Phases 9 & 10 (Fu-Shep Property) DATE: May 19, 2004 fa,.'.. As the staff report indicates, the MDP for the Fu-Shep Property was incomplete as submitted on April 29, 2004. Planning Staff scheduled the review of this MDP with the Planning Commission, • despite an incomplete application, in an effort to comply with Judge Prosser's Court Order stipulating that Frederick County is to review the MDP by the end of May. Yesterday, Eastern States Engineering faxed staff with the required review agency comments. Please find attached with this memo the facsimile cover sheet from Eastern States Engineering, dated May 18, 2004, and all review agency comments. JFC/bad 107 North Kent Street • Winchester, Virginia 22601-5000 MAY-18-2004 16:44 EASTERN STATES ENG. 703 433 6204 P.01iO4 �CE1 LJ'lN • STATESFa+�si mi le Coversheet -DERICK ENGINEERING °E Fax Recipient: Mr. Jeremy Camp Fax #: 540-665-6395 Office: Frederick County Planning Phone #: 540-665-5651 Sender: Stephen Collins, P.E. Sender's 703-433-6244 Phone #: Subject: Channing Drive Phase 9 & 10 Date: May 18, 2004 Time: 4:46 PM No. of Pages 4 Comments: Jeremy, Following are the remainin; comment letters we have received. When I met with Patrick Davenport on Friday I provided him copies of the comment letters we had received to date for him to forward you. These arc the final letters from all agencies that we were required to get comments from. I will hand • deliver additional copies under a separate transmittal tomorrow morning. In addition I will bring; by a CD copy of the presentation for your use as you asked. Per our conversation from yesterday, you stated that staff s position would essentially be that the application was incomplete. The two items listed in your letter making our application incomplete were the lack of continents from outside agencies and the power of attorney. We have now provided copies of comments from all required agencies. In addition, my clients council, Ty Lawson, spoke with Mr. John Rieley and Mr. Larry Ambrosia regarding the power of Attorney. Based on thatconversation it is my understanding that the power of attorney is not required. Therefore, I believe our application is complete and request that staff reconsider it's position for tomorrow evenings Planning Commission meeting. If I can provide you any additional information or answer any questions please contact me at 703-433- 6244 or scollin.s(Z�cseeng.com. Steve Collins, P.E. ESE -VA If you do not receive all pages of this fax, please contact the sender immediately Eastern States Engineering, Inc. • P.O. Box 651208 Sterling, VA 20165-1208 Phone; (703) 433-5254 Fax. (703) 433-6204 • Frederick County, Virginia Master Development Plan Application Package Request for Master Development Plan Comments Virginia Department of Transportation Mail to: Hand deliver to: Virginia Department of Transportation Virginia Department of Transportation Atlas Resident Engineer 2275 Northwestern Pike 14031 Old Valley Pike Winchester, VA 22603 Edinburg, Virginia 22824 (540) 535-1818 (540) 984-5600 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 the sheet. Applicant's Name: -1" o LL- V A 1 V� L.P. Address: :�) k u'o C. I R_C.. L F, SUITE: Gas -Du L LIr S— V A `)-o I is Lo Phone Number: o'�;) y 33' to a y `-i • Name of development and/or description of the request: 0 �► a�v►a� �� `i Q.�vE PNt�S� cl � 10 - MASTE'+f` )EVELOPM1 0T �LP�iy ►2Ev� 3�oFJ Location of propertyAMn ox % toA?ELY ?30D RN- 02-K.rW of _ HE' I U11U) r`co o • 'f14E �Y,QTFt TEAM+►JvS Oy GLO" Virginia Department of Transportation's Comments: See attarhQd 1 PttPr from VDDT to Eaatarn States Engineeripg dat@d May 14 2004. Page 20 • 0 COMMONWEALTH H of VIRGINIA Philip A. Shucet COMMISSIONER May 14, 2004 Mr. Stephen S. Collins, Jr., P.E. C/O Eastern States Engineering, Inc. P. O. Box 651208 Sterling, VA 20165-1208 DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY 14031 OLD VALLEY PIKE EDINBURG, VA 22824 Ref: Channing Drive, Phase 9 - Fu-Shep Property JERRY A.COPP RESIDENT ENGINEER TEL (540) 984-5600 FAX (540) 984-5607 Dear Mr. Collins: The preliminary master plan for this property appears to have significant measurable impact on Routes 867, Senseny Glen Road, and Route 1407, Canyon Road, the VDOT facilities which would provide access to the property. There appears to be no substantial change to the roadway design from the previously approved Master Development Plan. Therefore, VDOT approves the current submitted Master Plan. Due to the anticipated construction traffic on Senseny Glen Road and Canyon Road, (subdivision roads not designed for heavy traffic) a significant surety bond will be required to cover potential damage to the roadway. i It would be VDOT's preference to have any proffers from the rezoning relating to transportation issues noted on the master plan. 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. Thank you for allowing us the opportunity to comment. S' c , ely, • Lloyd A: Ingram. Transportation Engineer LAI/rf Enclosure — Comment Sheet xc: Mr. Eric Lawrence, Mr. Chris Mohn VirginiaDOT.org MAY-18-2004 16:44 ERSTERN STRTES ENG. 703 433 6204 P.02iO4 10 is May 14, 2004 Mr, Stephen S. Collins, Jr, P.E. Eastern States Engineeriz}g,1nc. P.O. Box 651208 Sterling, Virgina 20165-1208 COUNTY of FREDERICK Department of public Works 5401665-5643 FAX- 540/ 678.068z RE: Master Plan Comments - Fu•Shep - Phases 9 and 10 - Channing Drive Frederick County, VirgWa Dear Mr, Collins: Based on our review of the Subject master plan, we offer the followictg continents. 1) It will be necessary for the master plan to reflect all wetlands and provide the total amount of wetlands that have been mapped. The master plan should also reflect the total amount of wetlands to be disturbed. 2) it will be necessary to provide the locations and relative axeas of all proposed stormwater management facilities. 3) You have indicated a road network for future Phase 10. Indicate on the plan the future use Of the "T" area located at the end. of the proposed Chastin Court. The proposed road forms a inters:.ction but does not reflect a cul-de-sac. 4) The master plan shall indicate a construction entraztce on Canyon Road in the Senseny Glen Subdivision rather tl=n at the end of Morning Glory Drive in the Apple Ridge Subdivision. The Canyon Road location was previously identified on the approved master development plan. Once these comments have been addressed, submit two (2) copies of the revised master plan for our review, � Sincerely, pogt-It', Fax Note TO 7671 �Jsta ""�agee� From GoJc?ept. co. phone # 3� Phone p HarvnE.rawsoyder, Jr., P E. Fax g Fax v Director of Public Works k11rShis cc: Eric Lawrence. Director of Planning and Development 107 North Kent Street - Winchester, Virginia 22601-5000 m r n 703 433 6204 P.03iO4 MAY-13-2004 16:44 EASTERN STATES ENG. • is Frederick County Fire and Fescue Department Office of the Fire Marshal Plan Review and Comments. Control number Date received Date reviewed Date Revised MIOf'04-Dot $R 5f7/2004 5/1 7/2004 Project Name Applicant Channing Drive Phase 9 Eastern States Engineering Address City State Zip Applicant Phone PO Box 65120E Sterling VA 20165 703 433-65244 Type Application Tax ID Number Eire District Rescue District Master Development is 18 Current Zoning Election District RP R dations Redbud Automatic Sprinkler System No other recommendation • Emergency Vehicle Access Adequate Siamese Locaftri Nat Identified Emergency Vehicle Access Comments ecommen Automatic Fire Alarm System No Requirements Hydrant Location Adequate iZoadway,(Aisleway W&M Adequate Residential Sprinkler System Yes Fire Lane Required Yes Special Hazards No The connection to Morning Glory Drive shall have a means for emergency vehicle access for fire hydrant and egress travel issues during the construction process. Water supplias for firefighting change from RP to MULTI-PLEX. Requirements may be found in County Ordinance and 90-4 and the VA Statewide Fire Prevention Code. Water supply for firefighting shall ee available as soon as combustible materiais arrive on site. Access Comments Fire hydrants at intersections are preferrable over ends of cui,de-sacs. Fire hydrants must be within 8 feet of the eurbline. Additional Comments Additional comments may be necessary on the subdivision pian. Plan Approval Recommended Reviewed By Signature Yes Karl Steudl Title - n, MAY-18-2004 16:45 EASTERN STATES ENG. 703 433 6204 P.04iO4 FROM : FC 015 • FAX NO. : 540-545-7E�tj6 . rlay, 16,3 dUU4 VJu . wcri 1 r l • .7 DEPT. OF GEOGRAPHIC INIK'ORMATION SYSTEMS FUDERYCK COUNTY, VIRGINIA STREET NA1VIE COMMENTS DATE: May 3; 2004 STAFF MEMBER: Marcus I,emasters, Director SUBDIVISION: Charining Drive, Phase 9 COMMENTS: The Frederick CountyDepattment of GIS has reviewed therequested road names for use in the Revised Charmin- Drive, Phase 9 MDP plans submitted on April 28, 2004, and has made the following detemiinations: 1. All roadd names as presented in the Revised Charming Drive, Phase 9 MAP plan sheets, dated April 2004 are APPROVED and RESERVED as presented. Canyon. Road (extension) Morning Glory Drive (extension) Thompson Court Bentpath Court Heath Court Aulee Court Norfolk Court 2. Ifyou would like prelirri,in aiy structure numbering so that you mayplace them on the subdivision plats... you can anail the GIS Depammnt a digital plan to mlemasteC co�fmderick.va.tu and we' ll return it to you with preliminary numbers annotated on the digital plan. 3. Por future plan reference, when a double cut -de sac such as Heady Court crosses over a major drive or roadway, it is much better for numbering and E-911 purposes ifthe opposing cul-de-sacs have separate names. Frederick County Dept of G1S, 107 North Kent Street, Winebester, VA 22601, (540)665.5614, FAX: (540)545-7086 TOTAL P.04 05/12/2004 15:47 1540623890 FCPS E PAGE 01/01 . /Fredelrick County Public Schools /� ... to ensure all students an excellent education • /Administrative mftff AseKWIt k- 2.V9W% � pndoiia�irederickkl2.va.us • May 12, 2004 Mr, Stephen S. Collins, Jr., P.E. Eastern States Engineering, Inc. P.O. Box 651208 Sterling, VA 20165-1208 RE: Channing Drive Phase 9 & 10 — Pu-Shep Property Dear Mr Collins: This letter is in response to your request for comments on the Revised Master Plan — Channing Drive Phase 9 & 10. Frederick County Public Schools has no additional comments at this time. Respectfully Yours, Al Orndorff Si ALO/ssn pa: William C. Dean, Ph.D. Superintendent of Schools 1415 Worst Street www.rrede6ck.k12.va,u9 5A0.682.3669 ext. 112 P.O. am 35M 540562439 Wlndiester, Virginia 22604-2W 540-662aW W 9SY P.01 • Frederick County, Virginia Master Development Plan Application Package Request for Master Development Plan Comments Frederick County Department of Parks and Recreation Mail to: Hand deliver to: Frederick County 2nd Floor Department of Parks and Recreation 107 N. Kent Street 107 N. Kent Street Winchester, VA Winchester, Virginia 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: CL - Address: OCCTC P C zcC -E 1TIE 1 Phone Number: Name of development and/or description of the request: _ -t1E7V C-DI o*�) Location of property: P.P P Q.,Cx 300 FT `4�ZTi-t CTr `T1� 107F R--`AFC, i l QJ C�-- C,LoLY bS-�VE GILT �Licf),) N-kDQ ION-) LZI lo-:51)�J- � t.�`+'? :T�4-N ��r-� � ►.>uS tit= (�n�►.� �yc� L��� �i �.� ve_ Department of Parks and Recreation's Comments: Plan appears to meet open space requirements.. Developer is required to provide one recreation area for every 30 units. Staff recommends that all trails be a minimum o in width and be hard sur ace Department of Parks and Recreation use only Date received Review Number: 1 2 3 4 5 (please circle one) Date reviewed Date approved Revision required Signature and Date � �% 7 Ue /1— ,,�0/04 0 U Page 28 May 12 04 02:29p F?ED WINC SERV AUTHORITY 540 722 1103 P•2 0 Memo To: Frederick County — Department of Pla ing & Development From: Jesse W. Moffett — Executive Director Date: May 12, 2004 Re: Channing Drive Phase 9 & 10 — Fu-Shep Property This office was furnished with a set of plans for the above mentioned project. Upon review FWSA has one comment regarding the Master Development Plan Revision submitted. This item maybe addressed in phases1 through 8 of Channing Drive. The Master Plan shows a number of utility connections to adjoining subdivisions. The primary 21" sewer which is to run to a regional pumping station (off site) terminates within the project. Shouldn't this sewer continue upstream until it reaches upstream phases of Channing Drive? • • Page 1 11 ow F . 02 f� Frederick County, Virginia Master Development Plan Application Package Request for Master Development Plan Comments Frederick County Sanitation Authority Mail to: Hand deliver to: Frederick County Sanitation Authority 315 Tasker Road Attn: Engineer Stephens City, Virginia P.O. Box 1877 (540) 868-1061 Winchester, Virginia 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 the sheet. Applicant's Name: ouL- Q Address: a 1�o ►�C�E TOP CiQ-C.1._c. � �Ti✓ 130 Phone Number: C`1o3� `� 3 3 " of (4-i Name of development and/or description of the request: CwP.►.�t.�►tJC��etyc PrrA` q £ I0- Ni��;c��i-�v�4-�Pr�E►�T QLM-3 Location of property: k9LO'K FT k-55LTtt CE TNT 4 11f.St-C i Its of " tom, ► b G t,cL,� kv--� 3-or,rD CL-I W- 77� _��T T1 Frederick County Sanitation Authority's Comments: / 5% R.1 Vi,6L41- IWo� OY49 yv ?,Eo - 6 17" Frederick County Sanitation Authority use only Date received Review Number: 1 2 3 4 5 (please circle one) Date reviewed Date approved Revisions required Signature and Date S:�%g 0 Page 22 /0 �44yipk Homeowners Association PO BOX 2643 • WINCHESTER, VA 22604 Concerns re: MDP #05-04 Channing Drive: Phases 9 & 10 Frederick County Planning Commission May 19, 2004 1. Common area access A. Senseny Glen HOA is responsible to maintain 10.216 of open space B. Plat approved by the County in 1998 does not provide any access to the open space by the HOA C. Currently there are erosion issues that need to be addressed by the HOA D. The Senseny Glen HOA requests permanent access be provided between the Fu-Shep property and Senseny Glen open space to permit necessary maintenance of the open space by the Senseny Glen HOA 2. Vehicular access to the Fu-Shep property A. Options for access to the Fu-Shep property. We understand that access to the Fu-Shep property would eventually come via Channing Drive to Canyon as well as Senseny Glen Drive to Canyon. 1) If there is any possibility that access to the Fu-Shep property will only be through Senseny Glen subdivision via Canyon Road, even for a period of time, this is problematic for the Senseny Glen HOA and would likely lead to legal action on our part in an effort to block exclusive access to the Fu-Shep property through Senseny Glen 2) Sharing access to Fu-Shep between Canyon Road via Channing Drive, a road adjacent to Bedford Village off Senseny Road and Canyon Road through Senseny Glen seems reasonable, even though it will be troublesome for Senseny Glen residents who live on Canyon Road between Senseny Glen Drive and the Fu-Shep property B. Bases of concerns 1) Unreasonably high traffic level on Senseny Glen Drive and Canyon Road. Increased traffic on the section of Senseny Glen Drive and Canyon Road is of particular concern because of the tendency of drivers to exceed the speed limit on this stretch of the road. 2) Concern for small children that live along Senseny Glen Drive and Canyon Road 3) Ultimate impact on property values in our subdivision 4) Our HOA was never notified that Fu-Shep was challenging the original agreement and, therefore, we did not have a voice in those proceedings Concerns presented by Dan Busby, President, Senseny Glen HOA, PO Box 2643, Winchester, VA 22604; Busbyd(o)adelphia.net; 540-535-0103 N WIT S E REQUESTING AGENT: DEPT. OF GEOGRAPHIC INFORMATION S-VSTftMS FREDERICK COUNTY, )qRGINU GIS, MAPPING, CS WORKREQUEST DATE RECEIVED: —�/Cdo v . REQUESTED COMPLETION DATE: Department, Agency, or Company:_ Mailing and/or Billing Address: Telephone: E-mail Address: ESTIMATED COST OF PROJECT: FAX: DESCRIPTION OF REQUEST: (Write additional information on back of request) %z- DIGITAL SIZES: COLOR: ( 'Os - PAPER: FAX: r / IV s -r., —S- /T -o� 1-1'� c '7 IX A TT . (05— /1-vo BLACKIWHITE: NUMBER OF COPIES: STAFF MEMBER: COMPLETION DATE: MATERLkLS: DATE OF PICK-UP/DELIVERY: AMOUNT DUE: AMOUNT BILLED: METHOD OF PAYMENT: HOURS REQUIRED: CHECKNO.# Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-565 1) �13) AMENDMENT Action: PLANNING COMMISSION: Recommended Approval on November 3, 1999 BOARD OF SUPERVISORS: Approved December 8, 1999 AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #15-99 OF CHANNING DRIVE WHEREAS, Rezoning #15-99 of Channing Drive was submitted to rezone 354.3 acres from RA (Rural Areas) to RP (Residential Performance) and of 22.0 acres from RA (Rural Areas) to B2 (Business General) with the proffers submitted by the applicant. This property is located on the north side of Senseny Road (Route 657), on both sides of Bean's Pond Lane, and adjacent to the Bedford Village, Apple Ridge, Senseny Glen, and Carlisle Heights subdivisions, and is identified with Property Identification Numbers 55-A-206, 209, 211, 213 & 65-A-30, 31, 39, 40 in the Stonewall Magisterial District. WHEREAS, the Planning Commission held a public hearing on this rezoning on November 3, 1999; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on December 8, 1999; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to change 354.3 acres from RA (Rural Areas) to RP (Residential Performance) and of 22.0 acres from RA (Rural Areas) to B2 (Business General), as described by the application and plat submitted, and subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. PDRes #31-99 8 H 9 5 4 IP'G 15 4 This ordinance shall be in effect on the date of adoption. Passed this 8th day of December, 1999 by the following recorded vote: James L. Longerbeam, Chairman Aye Richard C. Shickle Aye W. Harrington Smith, Jr. Aye Margaret B. Douglas Aye Charles W. Orndoff, Sr. Ave Robert M. Sager Aye A COPY ATTEST cwj'i Jo . Riley, Jr. Frederick County Administrator O:Wgendas\COMMENTS\REZONING\RESOLUMChanningDrive.RE S.wpd PDRes 031-99 Greenway Engineering it Bit 9 5 14 PG 1 5 4. 6 it Channing Drive Rezoning CHANNING DRIVE REZONING PROPERTY ID NUMBERS 55-((A))-206, 209, 211, 213 & 65-((A))-30, 31, 39, 39A, 40 Pursuant to Section 15.2 - 2296 Et Seq., of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia shall approve rezoning application #15-99 for the rezoning of approximately 354.3 acres from the Rural Areas (RA) zoning district to the Residential Performance (RP) zoning district, and the rezoning of 22.0 acres from the Rural Areas (RA) zoning district to the Business General (B2) zoning district, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with said code and zoning ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the applicant and their legal successors, heirs, or assigns. ARTICLE I. PHASED CONSTRUCTION PLAN This article shall apply to the following parcels: Lynnehaven, L.C.: 55-((A))-206, and 65-((A))-30, 31 Giles Farm: 65-((A))-39, 39A Sheppard/Futral: 55-((A))-209, 211, 213 and 65-((A))-40 The total number of residential building permits that may be issued for any parcel within the subject property in combination with all other above -referenced parcels shall not exceed the following phasing schedule: Greenway Engineering0 t l .1 5 4 PG 15 •4 7 4FChanning Drive Rezoning Year Permits Issued to Date 2000 79 2001 158 2002 237 2003 316 _5----- 2005 474 2006 553 2007 632 2008 711 2009 790 2010 846 ARTICLE II: LYNNEHAVEN, L. C. This article shall apply only to those properties currently owned by Lynnehaven, L.C., property identification numbers 55-((A))-206, and 65-((A))-30, 31. The subject properties are more particularly described as all of the land owned by Lynnehaven, L.C. as recorded in Deed Book 843 at Pages 415, 418, and 424 and reported to collectively contain 91.4 acres. The conditions proffered are as follows: A) AREA ZONED RP - 81.4 ACRES 1. MAXIMUM DENSITY The total number of lots shall be limited so as not to exceed a 2.5 unit per acre density for the entire subject area. 2. PROHIBITED UNIT TYPES Townhouses, weak -link townhouses, and garden apartments, as defined in the Frederick County Zoning Ordinance, shall not be permitted. 3. PEDESTRIAN WALKWAYS Pedestrian walkways shall be provided in the master development plan in addition to required sidewalks. Nature trails shall be constructed by the applicant in open space areas, in dedicated easements, and in tandem with the regional stormwater management network. Said trails shall also link to similar trail systems in adjacent housing developments, and shall be six feet wide with a wood chip or mulched surface. See Exhibit A attached. 2 Greenway Engineering 4. SOLID WASTE UV\9 5 4 P G 1548 548 Channing Drive Rezoning The owners of the subject property shall pay $100.00/mo. to Frederick County for the use of the solid waste facility located on the Greenwood Volunteer Fire Company property and serving the Greenwood/Senseny Road area. Said payment shall be made from the time Frederick County encumbers and signs a new lease for the expansion of said facility, or acquires another facility serving this general area, and shall continue for a period of ten years, or the term of said lease, whichever is less. B) AREA ZONED B2 -10.0 ACRES 1. PROHIBITED USES The following uses shall not be permitted on the subject property: Description SIC Automotive dealers 55 Hotels and motels 701 Organization hotels and lodging 704 Golf driving ranges & miniature golf courses 7999 Self-service storage facilities --- Commercial batting cages operated outdoors --- 2. MAXIMUM BUILDOUT In the B2 area established by this rezoning, the maximum cumulative floor area of all buildings in said B2 area shall not exceed 100,000 square feet. 3. BUILDING FACADES Commercial structures within the proposed B2 area shall be faced with brick, drivet, or architectural block on three (3) sides. C) ENTIRE PARCEL 1. CHANNING DRIVE Channing Drive is a new major collector which will be constructed along the eastern boundary of the subject property. Channing Drive shall consist of an 80' dedicated right-of-way with two 12' lanes, along with any associated turn lanes required by the Virginia Department of Transportation. This thoroughfare will be built in sections as warranted by adjacent development. The following criteria establish when the property owner is required to extend Channing Drive: 3 Greenway Engineering S, 9 5 4 Fiu � � �� � Channing Drive Rezoning a) Each subdivision plan for residential housing adjacent to a portion of Channing Drive that has not yet been constructed shall include the construction of the adjacent portion of said drive in the subdivision plan. b) The construction of the first section of Channing Drive, from Senseny Road to the proposed B2 area, shall be included in the first site plan submitted for the B2 area if said road section has not yet been constructed. c) All of Channing Drive from Valley Mill Road to Senseny Road shall be constructed, open for traffic and dedicated to Frederick County before the 475th residential building permit is issued for any of the parcels listed in Article I of this proffer. 2. TRAFFIC SIGNALS a) The installation of a traffic signal at the intersection of Senseny Road and Channing Drive shall be included in the first site plan submitted for the B2 area, if a traffic signal has not yet been installed at said intersection should residential traffic meet signalization warrants. The developer agrees to enter into a signal agreement with VDOT prior to final site plan approval. b) The owners shall make a $25,000 cash contribution towards the installation of a traffic signal at the intersection of Greenwood Road (Route 656) and Senseny Road (Route 657). This contribution shall be made to the Virginia Department of Transportation upon their request and upon approval by said department for the installation of this traffic.signal. In the event a traffic signal is installed at said intersection before this contribution is made, the Virginia Department of Transportation may request the transfer of said contribution towards signalization at the intersection of Greenwood Road (Route 656) and Valley Mill Road (Route 659). The developer agrees to enter into a signal agreement with VDOT prior to final subdivision and/or site plan approval. 3. BRIDGE IMPROVEMENTS There is currently a one -lane bridge on Valley Mill Road where it crosses Abrams Creek. The owners of the subject property shall pay towards feasibility studies, engineering, or construction of improvements to this crossing. These monies, paid to Frederick County, VA, are to be set aside for said improvements, and may be considered by the county for matching funds. Said payments shall be $100.00 per residential lot, at the time the initial building permit is issued for said lot. The owner of the subject property shall be required to pay said monies until the Virginia Department of Transportation awards a contract for a two lane expansion and construction of these improvements on said bridge. 4. TURN LANES AND RIGHT OF WAY DEDICATION a) Right and left turn lanes shall be constructed on Senseny Road at the intersection with Channing Drive. Said lanes shall be constructed by the applicant at the time Channing Drive is connected to Senseny Road. b) Right and left turn lanes shall be constructed on Channing Drive at the intersection with the main entrance road into the Lynnehaven subdivision. 4 Greenway Engineering0 Channing Drive Rezoning GN 9 55' PG 15 5 0 0 c) The installation of a total of two turn lanes at the intersection of Senseny Road and Greenwood Road shall be included in the first site plan submitted for the B2 area, if two turn lanes have not yet been installed at said intersection. The necessity of said turn lanes, and their configuration will be subject to later review by the Virginia Department of Transportation. The owners of the subject property shall install said turn lanes or pay to the Virginia Department of Transportation up to $15,000 per turn lane towards the installation of said turn lanes. d) This paragraph shall apply to parcels 55-((A))-206, and 65-((A))-39, 39A: The first site plan submitted for either of these parcels which will result in more than 120,000 sf of commercial area for both parcels collectively shall result in an updated traffic study to determine if additional offsite improvements are required. Said traffic study shall require approval by the Virginia Department of Transportation. 5. DRAINAGE AND WETLANDS DEVELOPMENT Sediment forebays shall be constructed upstream of Twin Lakes in order to decrease the siltation of said lake and settle out man-made impurities. These sediment forebays shall be constructed in such a way as to encourage their development into a wetland with locally indigenous vegetation and wildlife. 6. MONETARY CONTRIBUTION a) Residential: In the event rezoning application #15-99is approved for rezoning, the owners of the subject property will pay to the Treasurer of Frederick County, Virginia, $3,278.31 per residential lot prior to the initial building permit being issued for said lot. This per lot monetary proffer provides for: $2,694.11 for Frederick County Public Schools $539.07 for Frederick County Parks and Recreation $45.13 for Frederick County Fire and Rescue These payments are intended to offset the additional cost to Frederick County due to an increased demand on public services. b) Commercial: In the event rezoning application 45-99is approved for rezoning, the owners of the subject property will pay to the Treasurer of Frederick County, Virginia, $3,245.60 prior to the initial building permit being issued within the B2 zoned area. This monetary contribution is intended to offset the additional capital costs to Frederick County for fire -and rescue services. Greenway Engineering Channing Drive Rezoning ARTICLE III: ROBERT A.ILES, et als This article shall apply only to those properties currently owned by Robert A. Giles, et als, and Manning and Ross, LLC, property identification numbers 65-((A))-39, 39A. The subject property includes all of the land described as being owned jointly by Wanda G. High, Janita Giles, Robert A. Giles, and Richard F. Giles as recorded in Will Book 79, page 317, and in Deed Book 889 at Page 741. Said property is further described by a survey by Curtis L. McAllister dated February 13, 1990 and is reported to contain in aggregrate a total of 152.20 acres. The subject property includes all of the land now owned by Manning and Ross, LLC as recorded in Deed Book 948 at page 1760, and contains 51.0 acres. The conditions proffered are as follows: A) AREA ZONED RP -140.2 ACRES 1. MAXIMUM DENSITY The total number of lots shall be limited so as not to exceed a 2.5 unit per acre density for the entire subject area. 2. PROHIBITED UNIT TYPES Townhouses, weak -link townhouses, and garden apartments, as defined in the Frederick County Zoning Ordinance, shall not be permitted. 3. RECREATION CENTER A community recreation center shall be included in the master development of the subject site. This recreation center shall have a floor area of at least 3,000 square feet and shall include a pool and an outdoor multi -purpose playing court; the facade shall be constructed of brick, wood product, masonry, or drivet. Said facility shall be open for membership by residents of all subdivisions resulting from this Channing Drive Rezoning and shall also be open for membership to all other area residents. 4. PEDESTRIAN WALKWAYS Pedestrian walkways shall be provided in the master development plan in addition to required sidewalks. Nature trails shall be constructed by the applicant in open space areas, in dedicated easements, and in tandem with the regional stormwater management network. Said trails shall also link to similar trail systems in adjacent housing developments, and shall be six feet wide with a wood chip or mulched surface. See Exhibit A attached. GN.Y6)AIP3+•J:LIN0! The owners of the subject property shall pay $100.00/mo. to Frederick County for the use of the solid waste .facility located on the Greenwood Volunteer Fire Company property and serving the Greenwood/Senseny Road area. Said payment shall be made from the time Frederick County encumbers and signs a new lease for the expansion of said facility, or acquires another facility serving this general area, and shall continue for a period of ten years, or the term of said lease, whichever is less. Greenway Engineering BR954PG 1552 4t B) AREA ZONED B2 -12.0 ACRES 1. PROHIBITED USES The following uses shall not be permitted on the subject property: Description SIC Automotive dealers 55 Hotels and motels 701 Organization hotels and lodging 704 Golf driving ranges & miniature golf courses 7999 Self-service storage facilities --- Commercial batting cages operated outdoors --- 2. MAXIMUM BUILDOUT Channing Drive Rezoning In the B2 area established by this rezoning, the maximum cumulative floor area of all buildings in said B2 area shall not exceed 120,000 square feet. 3. BUILDING FACADES Commercial structures within the proposed B2 area shall be faced with brick, drivet, or architectural block on three (3) sides. C) ENTIRE PARCEL 1. MANNING DRIVE Channing Drive is a new major collector which will be constructed along the western boundary of the subject property. Channing Drive shall consist of an 80' dedicated right-of-way with two 12' lanes, along with any associated turn lanes required by the Virginia Department of Transportation. This thoroughfare will be built in sections as warranted by adjacent development. The following criteria establish when the property owner is required to extend Channing Drive: a) Each subdivision plan for residential housing adjacent to a portion of Channing Drive that has not yet been constructed shall include the construction of the adjacent portion of said drive in the subdivision plan. b) The construction of the first section of Channing Drive, from Senseny Road to the proposed B2 area, shall be included in the first site plan submitted for the B2 area if said road section has not yet been constructed. 7 Greenway Engineering Channing Drive Rezoning 4? X954I� c) All of Channing Drive from Valley Mill Road to Senseny Road shall be constructed, open for traffic and dedicated to Frederick County before the 475th residential building permit is issued for any of the parcels listed in Article I of this proffer. 2. STREETSCAPE The main entrance road into the residential subdivision established on the Giles Farm property shall have four travel lanes, and shall have a median strip at least 10 feet wide. Said roadway shall be streetscaped with deciduous trees (at least one tree per 80 lineal feet), ground cover and shrubbery as allowed by the Virginia Department of Transportation. 3. TRAFFIC SIGNALS a) The installation of a traffic signal at the intersection of Senseny Road and Channing Drive shall be included in the first site plan submitted for the B2 area, if a traffic signal has not yet been installed at said intersection should residential traffic meet signalization warrants. The developer agrees to enter into a signal agreement with VDOT prior to final site plan approval. b) The owners shall make a $25,000 cash contribution towards the installation of a traffic signal at the intersection of Greenwood Road (Route 656) and Senseny Road (Route 657). This contribution shall be made to the Virginia Department of Transportation upon their request and upon approval by said department for the installation of this traffic signal. In the event a traffic signal is installed at said intersection before this contribution is made, the Virginia Department of Transportation may request the transfer of said contribution towards signalization at the intersection of Greenwood Road (Route 656) and Valley Mill Road (Route 659). The developer agrees to enter into a signal agreement with VDOT prior to final subdivision and/or site plan approval. 4. BRIDGE IMPROVEMENTS There is currently a one -lane bridge on Valley Mill Road where it crosses Abrams Creek. The owners of the subject property shall pay towards feasibility studies, engineering, or construction of improvements to this crossing. These monies, paid to Frederick County, VA, are to be set aside for said improvements, and may be considered by the county for matching funds. Said payments shall be $100.00 per residential lot, at the time the initial building permit is issued for said lot. The owner of the subject property shall be required to pay said monies until the Virginia Department of Transportation awards a contract for a two lane expansion and construction of these improvements on said bridge. 5. TURN LANES AND RIGHT OF WAY DEDICATION a) Right and left turn lanes shall be constructed on Senseny Road at the intersection with Channing Drive. Said lanes shall be constructed by the applicant at the time Channing Drive is connected to Senseny Road. b) Right and left turn lanes shall be constructed on Senseny Road at the intersection with the main entrance road into the Giles Farm subdivision. Greenway Engineering 0 BK 9 5 4 PG 15514 0Channing Drive Rezoning c) Right-of-way shall be dedicated to the Commonwealth of Virginia along the entire frontage of Senseny Road. Said right-of-way shall extend 40' from the existing road centerline. d) The installation of a total of two turn lanes at the intersection of Senseny Road and Greenwood Road shall be included in the first site plan submitted for the B2 area, if two turn lanes have not yet been installed at said intersection. The necessity of said turn lanes, and their configuration will be subject to later review by the Virginia Department of Transportation. The owners of the subject property shall install said turn lanes or pay to the Virginia Department of Transportation up to $15,000 per turn lane towards the installation of said turn lanes. e) This paragraph shall apply to parcels 55-((A))-206, and 65-((A))-39, 39A: The first site plan submitted for either of these parcels which will result in more than 120,000 sf of commercial area for both parcels collectively shall result in an updated traffic study to determine if additional offsite improvements are required. Said traffic study shall require approval by the Virginia Department of Transportation. 6. DRAINAGE AND WETLANDS DEVELOPMENT Sediment forebays shall be constructed upstream of Twin Lakes in order to decrease the siltation of said lake and to settle out man-made impurities. These sediment forebays shall be constructed in such a way as to encourage their development into a wetland with locally indigenous vegetation and wildlife. 7. MONETARY CONTRIBUTION TO OFFSET IMPACT OF DEVELOPMENT a) Residential: In the event rezoning application #15-9%s approved for rezoning, the owners of the subject property will pay to the Treasurer of Frederick County, Virginia, $3,558.73 per residential lot prior to the initial building permit being issued for said lot This per lot monetary contribution provides for: $2,958.80 for Frederick County Public Schools $554.80 for Frederick County Parks and Recreation $45.13 for Frederick County Fire and Rescue These payments are intended to offset the additional cost to Frederick County due to an increased demand on public services. b) Commercial: In the event rezoning application 45-99is approved for rezoning, the owners of the subject property will pay to the Treasurer of Frederick County, Virginia, $3,898.68 prior to the initial building permit being issued within the B2 zoned area. This monetary contribution is intended to offset the additional capital costs to Frederick County for fire and rescue services. W r k . S G, /J�,, , ",/( Greenway Engineering 5��'�1555 Channing Drive Rezoning ARTICLE IV: DRS. GEORGE SHEPPARD & ALLEN FUTRAL This article shall apply only to those properties currently owned by Drs. George Sheppard & Allen Futral, property identification numbers 55-((A))-209, 211, 213, and 65-((A))-40. The subject property is more particularly described as all of the land owned by Fu-Shep Farm Partnership as recorded in Deed Book 789 at Page 1022 and further described by a survey by Curtis L. McAllister dated February 13, 1990. The conditions proffered are as follows: 1. MAXIMUM DENSITY The total number of parcels shall be limited so as not to exceed a 2.2 unit per acre density for the entire collective area for parcels 55-((A))-209, 211, and 213, and a_2-.5'unit per acre density for parcel 65-((A))-40. 2. PROHIBITED UNIT TYPES Townhouses, weak -link townhouses, and garden apartments, as defined in the Frederick County Zoning Ordinance, shall not be permitted. 3. PEDESTRIAN WALKWAYS Pedestrian walkways shall be provided in the master development plan in addition to required sidewalks. Nature trails shall be constructed by the applicant in open space areas, in dedicated easements, and in tandem with the regional stormwater management network. Said trails shall also link to similar trail systems in adjacent housing developments, and shall be six feet wide with a wood chip or mulched surface. See Exhibit A attached. 4. SOLID WASTE The owners of the subject property shall pay $100.00/mo. to Frederick County for the use of the solid waste facility located on the Greenwood Volunteer Fire Company property and serving the Greenwood/Senseny Road area. Said payment shall be made from the time Frederick County encumbers and signs a new lease for the expansion of said facility, or acquires another facility serving this general area, and shall continue for a period of ten years, or the term of said lease, whichever is less. 5. CHANNING DRIVE All of Channing Drive from Valley Mill Road to Senseny Road shall be constructed, open for traffic and dedicated to Frederick County before the 475th residential building permit is issued for any of the parcels listed in Article I of this proffer. 10 Greenway Engineering it Channing Drive Rezoning 6. TRAFFIC SIGNAL 9 5 �¢'v 1556 The owners shall make a $25,000 cash contribution towards the installation of a traffic signal at the intersection of Greenwood Road (Route 656) and Senseny Road (Route 657). This contribution shall be made to the Virginia Department of Transportation upon their request and upon approval by said department for the installation of this traffic signal. In the event a traffic signal is installed at said intersection before this contribution is made, the Virginia Department of Transportation may request the transfer of said contribution towards signalization at the intersection of Greenwood Road (Route 656) and Valley Mill Road (Route 659). The developer agrees to enter into a signal agreement with VDOT prior to final subdivision and/or site plan approval. 7. BRIDGE IMPROVEMENTS There is currently a one -lane bridge on Valley Mill Road where it crosses Abrams Creek. The owners of the subject property shall pay towards feasibility studies, engineering, or construction of improvements to this crossing. These monies, paid to Frederick County, VA, are to be set aside for said improvements, and may be considered by the county for matching funds. Said payments shall be $100.00 per residential lot, at the time the initial building permit is issued for said lot. The owner of the subject property shall be required to pay said monies until the Virginia Department of Transportation awards a contract for a two lane expansion and construction of these improvements on said bridge. 8. DRAINAGE AND WETLANDS DEVELOPMENT Sediment forebays shall be constructed upstream of Twin Lakes in order to decrease the siltation of said lake and to settle out man-made impurities. These sediment forebays shall be constructed in such a way as to encourage their development into a wetland with locally indigenous vegetation and wildlife. 9. MONETARY CONTRIBUTION TO OFFSET IMPACT OF DEVELOPMENT In the event rezoning application #15-99 is approved, and the property is subsequently developed within an RP zone, the undersigned will pay to the Treasurer of Frederick County, Virgini er residential lot prior to the initial building permit being issued for said lot. This per lot monetary contribution provides for: $3,568.94 for Frederick County Public Schools $591.07 for Frederick County Parks and Recreation $45.13 for Frederick County Fire and Rescue This payment is intended to offset the additional cost to Frederick County due to an increased demand on public services. 11 8 Greenway Engineeringit July 2, 1999 canning Drive Rezoning ARTICLE V: SIGNATURES The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: RobertA. Giles, x cutor, Giles Farm Commonwealth of Virginia, Qt /County f �-j x 92U ,t v To Wit: The foregoing instrument was acknowledged before me this r� day of 1999 by L� Notary Public My Commission Expires J�), ohn Scully, ynnehave .0 Commonwealth of Virginia, CityA, unt of To Wit: -1h The foregoing instrument was acknowledged before me this day of 1999 by � U Notary Public My Commission Expires � 12 Green way Engineering July 2, 1999 canning Drive Rezoning 6K95;1 P` 1558 .�� Dr. eorge Shep M ie Sheppard Commonwealth of Virginia, Citkounyof .514 Q A A C 1_ To Wit: The foregoing instrument was acknowledged before me thish day of , 1999 by Notary Public My Commission Expires mco-"� 'ate C O Dr. Allen Futral etty Futral Commonwealth of Virginia, r` U I City/ ounty n f 4 �1 o -, I C l� To Wit: The foregoing instrument was acknowledged before me this 4+v\ day of , 1999 by Notary Publi My Commission Expires A r , 13 Channing Drive Rezoning Greenway Engineering it Commonwealth of Virginia, uri9J City ounty f o L �,� To Wit: The foregoing instrument was acknowledged before me this �a+h day of , 1999 by Notary Public My Commission Expires ancroft, Manager, Manning and Ross, LLC Commonwealth of Virginia, Ci Coun of �: A ChJ �) L To Wit: The foregoing instrument was acknowledged before me this day of , 1999 by / Notary Public My Commission Expires (, 14 I COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY Philip A. Shucet 14031 OLD VALLEY PIKE JERRYA. COPP COMMISSIONER EDINBURG, VA 22824 RESIDENT ENGINEER TEL (540) 984-5600 FAX (540) 984-5607 March 17, 2003 Mr. Stephen S. Collins, Jr., P.E., Project Engineer C/O Eastern States Engineering P. O. Box 651208 Sterling, VA 20165-1208 Ref: Channing Drive Fu-Shep, Phase 9 Off Route 657, Senseny Road Frederick County Dear Mr. Collins: A VDOT review has been completed on the preliminary subdivision plan dated January, 2003 for the ' referenced project. Our comments are listed below and are shown in red on the plan sheets. Sheet 1 of 52 .. • Tax Map I.D...as shown on Sheet 2 should appear with county data on Title Sheet. Also VDOT General Notes should be on Title Sheet. Sheet 2 of 52 • Please note it is permissible to add to VDOT General Notes after the twenty-first note. However, language used should include words shown in red. Sheet 3 of 52 • The Typical Section with .tabulated data is good for ready reference, especially on a Master Development Plan. However, on subdivision and site plans, VDOT preference is to have separate Typical Sections for each roadway/street or if the same section is appropriate for several roads with identical dimensions it is okay to list the streets under the typical section. Please note the conflicting dimensions on Typical Section with proposed entrance standard CG-9B. . VirginiaDOT.org WE KEEP VIRGINIA MOVING Mr. Stephen S. Collins Ref: Channing Drive - Fu-Shep, Phase 9 March 17, 2003 Page #2 Sheet 4 of 52 • Throughout the subdivision, we recommend reduction of lateral utility crossings under proposed streets. An example is one larger sized lateral then branch to several lots. Sheet 9 of 52 • On this sheet and others titled Road Plan & Profile, the intersection point (stations) of respective roadways should be shown on plan portion. •. Unless a physical constraint (fixed grade tie-in, etc.) prevents, the controls for vertical curves should be set on 1/8ths station (+12.5; +25 + 50 + 75 + 00). • The vertical curve at Station 23+60 should be drawn and plotted as a parabolic curve (not chorded as shown). Percents of grades should be shown on tangents to curve. • Guardrail or grading of adjacent lots to mitigate need for guardrail should be shown on profile and plan sheets where fill depths require guardrail. Sheet 10 of 52 • The vertical curve at Station 36+00 should be plotted parabolic, not chorded as shown. . • The area where proposed Canyon Road crosses the upper reach of one finger of Twin Lake appears to be.a location where an early Geotechnical Analysis should be performed to determine suitability of soil for roadway construction. Also, the proposed retaining walls to be constructed on site and yet proximate to proposed Canyon Road. • Discuss the apparent need for guardrail or lot grading to mitigate need for guardrail. . Sheet 11 of 52 • The guardrail fill question once again. Sheet 12 of 52 • VDOT is aware of County concerns surrounding the proposed access via Possum Lane. We share that concern and have serious reservations of access through any existing completed residential area by construction vehicles. and activity. Sheet 13 of 52 • The proposed landing of Thompson Court at the intersection of Canyon Road should provide more space on the same plane as Canyon Road surface.. Something in. the scope of the red line grade should be considered. APR 2 9 2004 i Mr. Stephen S. Collins Ref: Charming Drive - Fu-Shep, Phase 9 March 17, 2003 Page #3 • On Norfolk Court access to Canyon Road, it appears longer wheelbase and length vehicles (school bus) may drag on the grade. A flatter landing should be attempted to place at the intersection. Sheet 14 of 52 • The percentages of grades should be shown on the sub -tangents of the vertical alignment. Sheet 15 of 52 • Percentages of grade should be provided. Sheet 16 of 52 • Please clarify location of Canyon Road centerline and. address grade line on Pangborne Court intersection. • Identify percentages.of grades. • On Short Court, the same concerns/comments should be addressed. In general, on longer (500'+) tertiary streets, additional drainage structures should be provided at approximate mid points along alignment to avoid surface stormwater run by and overloading gutter pans and downstream road surface areas and drainage structures. This is especially important on the steeper percentage grades. Please address all these written comments, all red notes on the plan sheets and those on the. VDOT Subdivision Check List. When all the above comments have been addressed, please provide one copy of the revised plans to this office for VDOT review. If there are any questions, please call. Sincere .Y Barry J. Sweitzer, Transportation RoadwEngineer For: Lloyd A. Ingram, Transportation Engineer BJS/rf Enclosures xc: Mr. Dave Heironimus ---�- 0 f APR 9 92004 4 PAVEMENT DESIGN GUIDELINES FOR SUBDIVISIONS SURFACE .. or BASE AGGREGATE DOUBLE 0 — 300 CBR=>6 .8v 8" 0 — 450 + CBR= <5 2" 8„ 4507 2000 CBR=<5 1 1/2" 3„ 8„ 2000 — 3000 CBR= <5 1 1/2" 4„ 8„ 3000 — 5000 CBR=<5 .1 1/2" 5" 8�� The above table is to be used as a guide for pavement designs in subdivisions. It is recommended that CBR testing be done on the soils to obtain a pavement design. Please contact the Staunton District Materials Section for additional information. Pr�rncDoub�e�ea� nok Pec-m�-eci in RCS1AenC- Y Prune � se�� should 6(: aPP4,C8 betwee n aggr. and. aspha�-4-. OR 9 004 0 • PAVEMENT DESIGN GUIDELINES FOR SUBDIVISIONS SURFACE PRIME, , BASE AGGREGATE D. 0-300 CBR=>6 .84" 8„ 0 — 450 CBR= <5 2" 811 450 — 2000 CBR= <5 . 1 1/2" 3„ 8„ 2000 — 3000 CBR= <5 1 1/2„ 4„ 8" 3000 — 5000 (CBR=<5 1 1/2i 5„ 8„ a The above table is to be used as a guide for pavement designs, in. subdivisions. It is recommended that CBR testing be done on the soils to obtain, a pavement design. Please contact the Staunton District Materials Section for additional information. APR 2 9 2004 CoU,, t %96 L09S b86 0VS znnc-5J Subdivision Submittal Checklist Virginia Department of Transportation Staunton District - Edinburg Residency 2 of 8 Revised 5/3/00 The,following items should be shown, or addressed in subdivision roadway plans and documents submitted to VDOT for approval. Check appropriate blank next to each item, sign last page and submit checklist with plans. Right blank is for VDOT use only. A, GENERAL ❑ E ES ■ F40JU ► 47 ■ ►_� ■ q ■ ■ I ►A VDOT 1. Items 3 copies submittal letter attached outlining proposed development ✓ & discussing any waivers or modifications from VDOT Standards either being requested or previously agreed to. 2. 3 copies of traffic study, erosion & sediment control narrative and ✓ drainage calculations, pavement & typical road section design calculations. Bound, pages numbered, no loose pages, table_of contents. May combine in* 1 report. ✓ 3, 4 copies plans (if rolled; please have print facing out) 4. All -plans are to be in accordance with VDOTs Subdivision Street ✓ Requirements, Road & Bridge Standards, Road & Bridge Specifications, Minimum Standards of Entrances to State Highways, Road Design Manual, L & D Instructional and Informational Memoranda, Drainage Manual and other applicable VDOT and Federal polices. ✓ 5. Plans should be self-explanatory with sufficient notes to explain ✓ -` the intent or purpose of the design. ] ] ►T 6. 7. Title Sheet Subdivision na e, phase owne /address and phone # and Destgne tth addres , phone , and stamp Tax Map #, Magisterial District, ounty, ] — V 10- Master Plan (show which roads built, which roads in system) 11. Plat, if.available, showing rights -of -way, lots & easements 12. Type of development, i.e. Indust., single-family residential ] i,- 13. Current and proposed zoning of property & adjacent parcels 14. Location map with scale i/ 15. General Notes including required VDOT general notes ] 16. 17. Date, FeW sinn Sheet Index with all sheets numbered and dated i/ 18. All lines and symbols clear & labeled; all text legible 19. Existing vs.* proposed items easily distinguishable 20. Plans must clearly indicate which roads are to be built for acceptance into VDOTs Secondary System of Highways n t. Play- silot� ld 6e ava I 1a"6�e [�cio+' '-�-�-_.�_-s.suanc e o Pe rrn t uvc vc r WC 15.V DC7-C' cu rre Y v 1 Ir t Z should nod- be chancgccf) rca.�rranc�cc� or otflcr lvl•sc mad�t►ca kb,Thcrc arc Scvcra( 1nc,Clcr)Cc5 vT dvcrprin�ca,In-VorroAion, UnA(C �-cn rcaA erne' AA -EA OLcaSc- r-e-ulCftW_ 0 0 APR 2 9 2004 .4 b0'd %96 Virginia Department of Transportation Staunton District - Edinburg Residency Revised 5/3/00 B. REVISIONS 1r Yes No ❑ ❑. LbyS Vbb bV5 Subdivision Submittal Checklist 3 of 8 N/A VDOT 1. Items Letter from designer must accompany revised plans submitted to VDOT for re-evaluation describing changes made on revised plans & dates of old & revised plans. Letter should discuss any items that were not changed as requested & modifications that were made due to request of other agencies. 2. 2. Mark changed items with highlighter on 2 of the 5 sets. Large revised areas need only be circled with a highlighter G. TRAFFIC ANALYSIS Yes I No ❑ ❑ � -Please no- -c drrovi W i4-k Vol I.d . 4-cs 0o to tea me 5 �,rne I; er, assume same Voiurne to dpposr� c irec on, u vo l vol , D. PLAN SHEETS •-OJrawould be Ciearct- ► �wo waY arrow 200 Were use Yes No X ❑ A a NIA VDOT ❑ ❑ �-hc 1. Items Must be included with all subdivisions submitted. 2.. Minimum analysis includes projected traffic count, with supporting computations (10 trips/day for single-family or per ITE's Trip. Generation), for each street between Intersections. Where roads can be extended in the future, analysis must consider ultimate 3. proposed traffic. Developer responsible for supplying sufficient information to 4. support designs shown. Detailed plans and -studies may be required that address: * traffic analysis of existing and proposed conditions stn9l e * intersection analysis including need for signalization/ u me ene to s d channelization/turn lanes & modification to exist. signals * roadway improvements to accommodate traffic o In e w a Y proposed generated by proposed development N/AL. VDOT Items, ❑ ❑ ✓ ❑ V" 1. North arrow, scale 2. Match lines clearly keyed to adjoining sheets w/ stations 3. Limits of subdivision, limits of each phase 4. Both edges of pavement (EP), shoulder width, and right-of-way (RNV) of connecting or adjacent streets along entire development plus 200' minimum each way. Show existing road spot elevations of both EP's and centerline @ 25' intervals near connection. Pavement design of existing streets. 0 APR 2 9 2004 PI-FHEIYHRn� r ANN NG & DEVELOPMENT - %96 GbyS VCb OV5 r r .v A SO'd GCJVt. Subdivision Submittal Checklist Virginia Department of Transportation Staunton District— Edinburg Residency 4 of Revised 5/3/00 -Si-ccc� names could be p(acr-d + n More open kacAl Ons, cau%A also bc. e5OLDER Yes I No I N/A I VDOT ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ✓ o o o a El� ❑ ❑ o..0 ❑ El El ❑ ❑ . Items 5. Existing crossovers, entrances, utilities, storm sewers, etc. that mav be affected by proposed development. 6. Street names and state route numbers 7. Distance reference (to 0.01 mile) to nearest intersection 8. Centerline * stationed w/ 50' ticks, 100 or 500' labels * stations of begin/end, intersections PC, PI, PT * curve data 9: Proposed EP, curb, and R/W lines and construction limits . 10. Intersection sight distances, especially at connection to existing state route (field measure w/ target 10' off EP) 11. Posted speed limit of existing. adjacent roads 12. Lengths of turn lanes and tapers 13. EP and R/W radii for cul-de-sac and flares (fillets) 14. Lots: ' lot lines and numbers * entrances per Standard PEA or CG-9 MeetFfEB'.I� * entrance pipe size, type & length (can show in schedule) 15. Preliminary guardrail design, where needed, shown with lengths & terminals per VDOT standards. Final approval of layout to be given by VDOT's Traffic Engineering Section after grading is.. 16. mostly complete. Relevant on -site .& off -site topographic features/structures 17. A!I existing and proposed utilities (See K. UTILITIES) 18. All exist. and prop. drainage facilities (See I. DRAINAGE) 19. Include Erosion & Sediment Control Plan Sheets 1 �l4-Some c��scrcpcnc� on CG�GS s� •�-'c. uripa�cci 5�acc exclust\tc of CG-9 B• -�- Scci-.teach ,r,oad or , E. TYPICAL. RO S�CTIONSM p ('C�� C' M�dl a18���.CiYlar' �ambina-l-tc�n r a ror MDp Yes I No I N/A I VDOT ❑EJ ❑ ❑ ❑ o a Items . 1. Road and stations to which each applies 2. Proposed traffic count and design speed for each street (can be shown in a schedule) 3. 4, Centerline and R/W width Width & slope of pavement, shoulder, ditch, etc; type shoulder 6, Curb type, sidewalk, utility strip, etc., if applicable 6. 7... Cut and fill slopes Pavement design in accordance with VDOTs: Subdivision Street Requirements, Superpave Asphalt Design Mixes and Pavement Design Guide for Subdivision & Secondary Roads in Virginia . (Minimum design for any road is 6" 21-B Aggregate with Prime & Double Seal. Minimum design for any road with curb & gutter is 8" 21-B with 2" SM-9.5A Asphalt Concrete.) 8. Show types, depths and application rates of all pavement and aggregate layers and prime coats. 9. A_ aggregate layers are to extend 1' beyond EP or Back of Curb ❑ ❑ �- Q+SCU55. Ov cyc01calty 11us�-ca-�c '�'ila-4- agsrc�a c should i�c ex-4-ended I be�onc� auk-sid �� %acLoa curb, WVLS:OI:EO-s -Z APR 2 9 2004 •'90'd %96 0 L09S V86 0VS 0 r r : r� r LCJCJf..-.7r.i-"a:JJ Virginia Department of Transportation Subdivision Submiecklist. Staunton District— Edinburg Residency 5 of 8 Revised 5/3/00 .1 OTHER TYPICAL. SECTIONS/DETAI S ', GJ�dJ` F. \C� 40:qr�VDOT Items 1, Where each applies 2. Pavement widening or overlays of existing roads; crossovers ❑,/ 3. Special ditches: show shape, depth, slope, lining, min/max grade. If paved, show details or VDOT Standard. ✓ 4. Entrances (internal, commercial or private) . ❑ ❑ 5. S ecial undercut or fill measures fo unsuitable material existing ❑ ❑ ponds sinkholes, controlled fill, etc: ❑ ❑ ,/ 6. Special drainage designs, structures, basins, berms, etc. El❑ 7. Details of alt items that are not a VDOT standard or are a modification of a VDOT standaI'llrd item. 8. Cross sections of road, drainage, or other proposed construction 8. [�Oswm ❑ may be required at area c such as at con s to primary roads, when ork is close to exterior property lines, t • other constricted area , c. a ropr1CkcGw-echnICa/ Da- a a4-CanYonQoa kS• Should Providepp I' G. ROAD PROFILES C( S 5 I f)c� d� �T�/V f f��`a Ke . i t>►n d i a�� —vim i n La G t 7. Sha ro l OT Yes No 1 2. Street name Horizontal and vertical scale and gri ❑ ❑ ✓ 3. Existing -ground line (extended 100' 4. Proposed finished grade line �- -, ❑ ❑ r 5. Percent grade, vertical curve data it ❑ ❑ .,' 6. Stations an�gA.Ieva�ons at be /eni points, PVC, PVf (CGrPVT, rote centerline (include super), &'at sub. 7. Provide adequate landing = ❑ ❑Er 8. ❑ ❑ Intersection sight distances: eye g. Stopping sight distance(crest curve ipe El _ 10. 11. Culverts: size, type, invert, nu Storm sewer profiles and drainage ❑ �. - 12. Ditch profile (where non-standard) El ❑ Water lines, sanitary sewer, and ex 137 ❑ V1 14. Special undercut or fill areas ❑ 1 � l .VG rJ►to Sr1Ce�S �or pcc-+1r C4 n4csicomfi1en � 5. Scc c espec-�t-t ptan p -._._--ner_:va=1_ on .C.' G-..r.oad_s; -%_nc c-scc-�� n rc�ac� slo c s on p a�lc mcn�- ' - _ g... �� 5 ' d o n 5a Me P o4anc -�r 50r scorn EP 0 n- crscc 7 • shot/ Ict be ca rr I e g,%CJ8 be.►n accorAanec w1+k eurrcn► VDGT 9u►cc1ines - c> become e-�Vec+iv c 3-1- 03, COP.\. a4aAC8 . 1c'l. )VyoujA h e ro4cci ove r of -- rocs W t -hl n ro.aC waV; 0 0 APR 2 92004 --fLA�N !Q,n� tC L0'd %96 Virginia Department of Transportation Staunton District — Edinburg Residency Revised 5/3/00 H. OTHER PROFILES L09S pas 017S • 4 6 :b L L.k�F�G-510-t1�� Subdivision Submittal Checklist 6of9 Yes I No I N/A I VDOT ps 1. Items Special ditches, storm sewers, outfalls - extend ground line 100' minimum beyond tie-in 2. Entrances needing special attention, i.e. steep, constricted. (Tie proposed grade to edge of shoulder, not EP): I. DRAINAGE (shown on plan & profile sheet, supplemental or detail sheet) ?_ 4— . Yes I No I N/A I VDOT o ✓ ✓ •' 1. V Items Contour plan of entire development and adjacent area *every 5th contour highlighted & elevation clearly labeled ✓ * minimum contour interval usually two feet ✓ * shown on road plans or as separate sheet showing entire-"' drainage system design * stationed centerline and r/w lines shown ✓ * drainage sub -areas outlined, labeled and areas shown ✓ *.showing topographic features; existing buildings, etc.>/ 2. Existing and relocated streams and drainage ways. 3. Existing and proposed pipes, storm sewers, and drainage structures with location; size, type, lengths, inverts, design cover, ✓ and flow arrows. 4. Proposed ditches (center of all shown graphically accurate by either flow arrows, finished contours, lining symbols or other 21 _ c-_ ✓ El �. ✓ .. methods). Show where linings begin and end. 5. Std CD-1 underdrains (a_)all sags and other appropriate spots 6. 7. S orm sewer system w/ VDOT standard structures. Show top, rim, eight, rate& invert elevations and throat lengths. PMW,proft and typical section of all ditches other than standard roadside ditches 8.. Proposed drains a easements to natural watercourses (usually 20 m nimum width 9. xis ng rainage facilities possibly affected by proposed development: location, size, inverts, etc. 10. Erosion & sediment control measures 11. 1Stormwater management plans and computations, where necessary 5.%ouW be pv,.dc.J @+ bo4om o-� sack vcr�Ica(s/ c'onncc-�-cc� to �%oc-m L��nes or d �alna3c s.�-r.0 .+ures a ncf a-�: (ow cncG( o cu-�- 'l Scot any , 1 L hk' o� s-� I ruc+arc isanc� should �� �,ar�-a-�cid-i'd PrdvtCic� otZ 't'tic s'� ruc-ivr c5 �-� pc s { A ,B�rCC dnd AAA,Bgg ccc arc c s �-a� J 'sbcd by hcLgV1 and arc 641r)c� c'n goad 'r=ib�LA c S -andarAs 2aa 1 RcVll dn ,-P n, E.�scm�h� .�- shovt� i�e►anl esp ect a a-i' s �f-�Ctiures • APR 2 9 2004 80 ' d 7.yb Virginia Department of Transportation Staunton District — Edinburg Residency Revised 5/3/00 J. DRAINAGE COMPUTATIONS Gk775 V 00 V V 5 .. Y Y •V Y LVV61 �V UJJ Subdivision Submittal Checklist 7 of 8 Yes DOT Items 1ct ❑ ❑ ❑ 0 �03_ [] El [] ❑ ❑ [❑j � -� �✓ �_ ✓ �� 1. Should be self-explanatory. See A.2. 2. Subdivision name, date, author, professional stamp 3. In accordance with VDOT's current criteria including VDOT's. Drainage Manual. Discuss any methods or references used that are not generally used by VDOT. 4. Sufficient background, supporting information and summary of any computer printouts submitted 5. Copy of USGS Topo map showing drainage patterns of area. 6. Discuss whether future sections are considered in design. 7. Hydrology: drainage subareas to agree with contour plan, design discharge calculations, pre & post-deveiopment flows. 8. Hydraulics: Pipe, ditch, storm sewer & inlet computations. 9. Outfall analysis (Evaluation of receiving channel/structure) K. UTILITIES Yes No ❑ ❑ ❑ ❑ ❑ ❑ ❑ N/A ❑. ❑ ❑ ❑ ❑ ❑ ❑ VDOT• `t, �l� ✓ —� ✓ ✓ ✓ 1. Items Show all existing underground and overhead utilities and easements, proposed water and sanitary mains, service laterals, types, sizes, and appurtenances. 2. Utilities should be located off RAN, where possible. — ► ' 3. Utilities should be located out of pavement, where possible i i i 4. Adjustment of existing utilities, where needed. 6. Proposed utility crossings of existing roads: show location, alignment, size, type, encasements, lengths, crossing methods 6. Route utilities under culverts where possible 7. Set fire hydrants at RM on lot lines, where possible. 8. Set manholes, valves, etc. in shoulder, utility strip or behind sidewalk, where possible. 9. Set street lights at right-of-way line, outside clear zone. 10. Check for conflicts between utilities, road and drainage. %P ro VC %r> ro V r_ El 1 -1c'ta-c de5t n chan9c3 _shout be praVi c rcrrioV c Qs /r►41c - APP,;�'oP 5 L. TE�fPORARY C -DE-SACS ROgDS TO BE CEX JENDEiD ylY- a 5 �sslble acl� d 5:F -c-r s Fd�tac-�rc(faadwa JaDd i Yes No N/A VDOT ✓ 1. Items Traffic study must address ultimate projected traffic. If master ❑ ..._. _❑:... plan of future area .to .be served is unavailable,: -give information on .fit. acreage;_access & zornng of adjacent land. Discuss any_ County Comprehensive Plan available (. Vo(umcs should be skow n. •Pdr r�sP cc-�i`".e ro-lJs�s-4-c'�e-%5. 0 0 APR 2 9 2004 k C CLohikzmr 60'd iyb GL77S VOO UVJ v v •uv cuci�u u�� Virginia Department of Transportation 3 Subdivision Submittal Checklist ` Staunton District- Edinburg Residency, �3�� . Revised 5/3/00 7j 8 of 8 Yes No N/A VDO Items 2. Indicate pavement design. O ❑ 3. Provide adequate temporary easement 4. On profile, extend existing ground line and future grade line enough to show a satisfactory extension is possible. M. CURB & GUTTER STREETS Yes I No I NIA VDOT Fitems 0 0 Li 0 [j " 1. Show street widths and radii to face of curb 2. Show entrance type 3. Show Std CG-12's @ intersections & other req'd. locations 4. Tie .standard CD-1 underdrains into drop inlets S. Intersection and cul-de-sac details are usually needed to show: type of intersection (i.e. CG-11), how drainage is handled, top of curb and EP elevations arogq.d radii, etc. 6. Provide necessary drainage computations . ' z. Shoutti rcv•i cw V Do-T corr►rncn s aocA R.oaci 8 -qc s ancla� .5 : Zoo t r N. MISCELLANEOUS .d'�t�nctlSlorlS. �iE3 •chols�d have one p (acercl opl-cs4r-5icic Yes I No NIA VDOT Items .0 Lj AI . If subdivision identification sign is desired, provide for in easement off of right of way 2. If any special use of R/W is desired such as bike paths, landscaping, irrigation system, lighting, parking, retaining walls, 'El El etc., provide full details and technical specs. These may need to be shown on separate plan sheets A 2 3. Details of any special entrance road design, i.e. one way, islands, . medians, etc. Details of cluster mailbox pull -offs 3`�3^UJ I hereby certify to the best of my knowledge that the above stated information is included in the submitted plans and attachments Designees Sig at re: Date: 103 ewtr�ccn�_r.n—Q —7. APR 2 9 2004 r_ REOUEST F01t SUBDI�73SIOV CogjgENTS Frederick County Fire Marshal ATTN: Fire Marshal 107 North Kent Street ,;ginohester• Virainia 22601 (540) 665-6350 The Frederick County Fire Marshal is located at 107 North Kent Street, 1st floor. refer to hanof the d County liver this ation revi wBuilding in Winchester, if youp , Applicant's name, address and phone number: Toll Brothers Inc. c/o Steve Collins 21630 Ridge Circl Suite 130 Dulles VA 20166 (703) 413-6244 Name of development.and/or description of the request: Chann'n h se 9 - Subdivision Plan Location: Approximatelr 2300 ft. north of the intersection of Morning -Glory —Drive Rt. 1400 and Sensen Road Rt. 6 at the Northern terminus of Mornin G1 D Fire Marshal Comments: 91, me,�c 41-erl-1. C-LA j � 1 A,-� I' �� fi Fire Marshal Signature & Date (NOTICE TO FIRE MARSHAL - PLEASE NOTICE.TO APPLICANT (` I `f-off S FORM TO APPLI It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach a copy of your application form, location map and any other pertinent information. ME APR 2 9 2004 _NT s'-fAc E.R Control number, SD03-0001 Project Name Channing Drive Phase 9 Address PO Box 651208 Type Application subdivision Current Zoning RP Date received 1/10/2003 City Sterling Tax ID Number Date reviewed 1/14/2003 Applicant Eastern States Engineering State Zip VA 20165 Date Revised Applicant Phone 703-433-6254 Fire District Rescue District 18 18 Recommendations Automatic Sprinkler System Automatic Fire Alarm System No No Other recommendation Smoke detectors and fire extinguishers in housing units. Emergency Vehicle Access Adequate Siamese Location Not Identified Emergency Vehicle Access Comments Requirements Hydrant Location Adequate Roadway/Aisleway Width Adequate Election District Redbud Residential Sprinkler System Yes Fire Lane Required Yes Special Hazards No Access Comments Recommend that access to the existing Morning Glory Drive be used instead of a new right of way so that we can access the. existing fire hydrants. Additional Comments Fire hydrants must be within 8 feet.of the curbline. Move the hydrant at Lot 73 to the intersection of Heath and Canyon. Add a hydrant at the north corner of Lot F if access to Morning Glory Drive is denied. Plan Approval Recommended Reviewed By Yes Karl Steudl Signature✓ Title • 0 �r IFA REQUEST FOR SUBDIVISION COMMENTS Frederick County Inspections Department Attn: Building Official 107 North Rent Street (540) 665-5650 The Frederick County Inspections Department is located at 107 North Kent Street, 4th Floor of the County Administration Building in Winchester, if. you prefer to hand deliver this review. Applicant's name, address and phone number: Toll Brothers Inc. c o Steve Collins 21630 Ridgetop Circle Suite 130 Dulles, VA 20166 (703) 433-6244 Name of development and/or description of the request: Channiniz Drive Phase 9 - Subdivision Tlan Location: Anvroxi 0 ft. north of the intersection of Morning Glory Drive qnd S. e-Northern terminus of inspection Department Comments: C o m S _�2 one h oF/S Code Administrator Signature & Date: (NOTICE.TO INSPECTIONS DEPT.*PLEASE URN THIS F TO AP CANT ) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach a copy of your 'application form,. location map and all other pertinent information. r € F \h' EA APR 2 9 2004 FREDERICK GFJ.ii,Pi"'t I.AWNrWG 11 DEVELOPMENT Dwellings shall comply with The Virginia Uniform statewide Building Code and section 310, use group R (Residential) of the BOCA National Building Code/1996 and The CABO One and Two Family Dwelling Code/1995. Design Professional shall be required for the basement waterproofing due to elevation of the storm water pond on lots #44, #45, #46 and #47. Lot # 52, 51, 50, 49, 141, 141, '143, 133, 134, 135,102, and 101 shall require foundation design due to steep slopes. APR 2 9 2004 FHEur-nICKCOUk'r)l PLANN INGE, rEVp:Lr)i-jAF--N,r REQUEST FOR SUBDMSION COMMENTS Frederick County Sanitation Authority Attn: Engineer Director P.O. &.-1 R71 Winchester, Virginia 22604 (540) 868-1061 The Frederick County Sanitation Authority is located at 315 Tasker Road in Stephens City, Virginia, if you prefer to hand deliver this review. Applicant's name, address and phone Toll Brothers Inc., c/o Ste' 703 433-6244 Name of development and/or description of the request: Channin'g Drive Phase 9 - Subdivision Plan Location: A roximatel 2300 ft. north of the intersection of MorningGloryDrive (Rt. Mornin Glor Drive. Sanitation Authority Comments: .o '/,4 ST A/ K/FW — CD/i� f�i�GT ZSG' /��SGig�Ll�' - 7 � /J n / /lw // �Y Sanitation Authority Signature & Date: /c' ' 3 (NOTICE TO SANITATION ORITy * RETURN THIS FORM TO APPLICANT.) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach.a copy of your application form, location map and all other pertinent information. . • APR 2 0 2004 NW2 Et Uz-VELORA ENT REQUEST FOR S11BDIVISJON COMr,4ENTS Frederick County Public Works Department. Attn: Director of Public Works/Engineering 107 oral; Kent Street, 4th Floor Winchester, Virginia 22601 (540) 665-5643 The Frederick County Engineering Department is located at 107 North Kent Street, 4th Floor of the County.Administration Building in Winchester, if you prefer to hand deliver this review. Applicant's name, address and phone number: Toll Brothers Tnc c/o Steve Collins 21630 Ridgetop Circle, Suite 130 Dulles, VA 20166 (703) 433-6244 Name of development and/or description of the request: Channing_Drive Phase 9 - Subdivison Plan Location: ADuroximately 2300 ft north of the i ntersecti on of Morning ('l ary llrii-a Morning Glory Drive Comments: .Sv6,ie, c4- GlDCS /✓o60d/7y2r� Signature and Date: (NOTICE TO ENG? 12n e-d QCvi'e, o 1C f S ubc%vrsi l DEPT.*PLEASE RETURN THIS FORM TO APPLICANT.) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach two copies of your plans and/or application f6rm. toot 6 z 88*4 am,ao-,-311 0 0 COUNTY of FREDERICK November 14, 2003 Mr. Stephen S. Collins, Jr., P.E. Eastern States Engineering, Inc. P.O. Box 651208 Sterling Virginia 20165-1208 RE: Subdivision Plan Comments - Fu-Shep Frederick County, Virginia Dear Mr. Collins: Department of Public Works 540/665-5643 FAX: 540/678-0682 Our preliminary review of the proposed subdivision plan indicated that it does not conform to the approved master development plan and the county's subdivision ordinance. However, in an attempt to provide future design guidance, we have performed a preliminary review of the plan dated January 10, 2003. It_will be necessary_to perform a separate review after the master development issues have been resolved. Based on our preliminary review of the subject subdivision plan, we offer the following comments: 1) You have proposed the use of DI -Ts within the yards to drain surface run-off. Provide the appropriate details for these structures. Also, provide a detail which _ indicates the use of a Type III grate. A Type I grate provides an opening between the steel bars large enough to allow someone's foot to slip into the structure which, in turn, could cause an injury. 2) Provide a recommended operation and maintenance schedule for the proposed ------stormwater ponds. Because the subject ponds will be maintained by a future Homeowners' Association, it will be necessary to clearly outline the operation and maintenance requirements for their usage. 3) You have proposed a ten (10) foot wide drainage easement for the stormsewer system. An easement ten (10) foot in width will make it impossible for equipment 107 North Kent Street - Winchester, Virginia 22601-5000 APR ,< < 2 92004 r� Subdivision Plan Comments - Fu-Shep Page 2 November 14, 2003 and personnel to access the system to perform future maintenance and/or replacement. Therefore, it will be necessary to provide a minimum 20 foot easement width for the entire stormsewer system. 4) In order to avoid the potential for drainage problems, it will be necessary to ensure that all overlot grading has a minimum slope of two (2) percent or greater. Typically, the Martinsburg Shale geology and its associated soils have poor drainage characteristics as well as the potential for developing perched water tables. 5) The plan indicates that concentrated stormwater run-off from stormwater ponds and drainage structures will flow through several natural drainage channels as well as dedicated wetlands. In accordance with Erosion and Sediment Control Regulation Minimum Standard 19, it will be necessary to verify that these natural channels are adequate to accommodate the stormwater flows listed above. To ensure that no erosion occurs within these channels, it may be necessary to install a paved channel or line them with rip rap (i.e., between lots 135 and- 136, and lots 118 and 119). Disturbance of the wetlands may be required to install the proposed drainage structures. Consequently, mitigation of the impacted wetlands may be required. 6) If sump pumps are proposed for subsurface drainage around basements, we recommend utilization of a separate drainage network that drains into the proposed storm sewer system to alleviate the potential for stormwater drainage .complaints. 7) It will be necessary to provide copies of all engineered compaction reports to the public works department for all of the roads as well as structural fills under buildings. Place a note to this effect on.the plan. 8) On page 2 of 52, note 34 of General Notes indicates that a private hauler will collect refuse on a bi-weekly basis. Indicate who will be responsible for coordination and implementation of this requirement. Provide documentation as to how this will be implemented without the involvement of Frederick County. 9) Provide copies of all applicable off -site easements that will be required to construct the sanitary sewer system, waterline, stormwater structures, etc. It will be necessary to submit these easements prior to issuance of a land disturbance permit. 10) On page 7 of 52, you propose the installation of a pump station -to be built by . others. Indicate who will be responsible for installation of this pump station as • 0 f APR 2 9 2004 Subdivision Plan Comments - Fu-Shep Page 3 November 14, 2003 well as when it will occur. It appears that a majority of the proposed building lots will be served by this pump station. Contact the Frederick County Sanitation Authority to discuss the availability of sewer service. As a matter of record, Frederick County will not issue a land disturbance permit until copies of approvals from the Virginia Department of Transportation (VDOT) and the Frederick County Sanitation Authority are provided. In addition, approval of thesubdivision plan will be contingent upon sewer availability. . 11) It will be necessary to evaluate the impact of a 100-year storm event for all . drainage structures to ensure that no adjacent properties will be impacted by the backwater conditions from these storms. Plot the 100-year storm flows and back water conditions on the plans. 12) The approved master development plan indicates that a cul-de-sac was provided at the south end of Rossum Lane. The 75 foot construction access road cannot be utilized for ingress and egress by the homeowners once the homes have been constructed. A cul-de-sac will be required for any future maintenance performed by VDOT. It will be necessary to- .ensure that these plans reflect the road network as delineated in the approved master development plan. 13). Because of the steep slopes and proposed fills, it will be necessary to provide a copy of the geotechnical engineering report for our review (i.e., lots 141 and 142). 14) Provide retaining wall designs for our review. 15) All silt fence installed for. this phase of construction shall include wire reinforcement. The only permitted use of regular silt fence will be for individual lots during the construction of single family dwellings. The use of a diversion berm where applicable is acceptable in lieu of reinforced silt fence. 16) Indicate within the detail for the culvert inlet protection that a rock check dam will be necessary as specified in VESCH Standard 3.08. 17) Provide copies of all applicable wetlands and stream. crossing permits, etc. As a matter —of record, the Department -of Environmental Quality (D.E.Q.) requires that a construction stormwater permit be obtained for any land disturbing activity that is one (1) acre in size or larger. We recommend that you contact the D.E.Q. Valley Regional Office to obtain this permit. This permit is separate from the one which is issued by Frederick County, but will be required prior to our issuing a . land disturbance permit. 0 APR 2 IL 9 2004 Subdivision Plan Comments - Fu-Shep Page 4 November 14, 2003 18) Provide all weir wall designs for our review prior to plan approval. 19) It will be necessary to ensure that the owner is aware of all of the erosion and . sediment control policies as outlined in the Frederick County Land Disturbance permit application as they apply to residential subdivision construction. Once these comments have been addressed, submit two (2) copies of the plan for further review. Sincerely, Harvey E. Strawsnyder, Jr., P.E. Director of Public Works HES/rls Enclosures: as stated cc: Eric Lawrence, Director of Planning and Development John-R. Riley, Jr County -Administrator:- John Whitacre, Frederick County Sanitation Authority file A:\FU-SIiEPSUBD.wpd 0 • 52004 PjA RIC, cr�Z, Re -quest zor Street Name Comments Subdivisicn Cc^riments Frederick County Department of Planning & Development Attn: Marcus Lemasters, Mapping & Graphics Manager 107 North Kent Street Wincnester, Virginia 22601 (540) 665-5651 The Mapping & Graphics 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 Supervior 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' Toll Brothers Inc—o Address: Dulles Virginia 20166 Phone number: Name of development and/or description of the request: Channing nrivP-Pha e 9. Location of property. ADDrOXiIIlately 2100 ft noun of rhp intersprtinn of a Ili Mapping and Graphics Manager Comments: Communication Center Supervisor's Comments: APR 1 9 zz04 I: DEPT. OF GEOGRAPHIC INFORMATION SYSTEMS FREDERICK COUNTY, VIRGINIA STREET NAME ''01NITiIF,N TS SUBDIVISION COMMENTS DATE: January 15, 2003 STAFF MEMBER: Marcus Lemasters, Director SUBDIVISION: Channing Drive, Section 9 (Sovereign Village) COMMENTS: The Frederick County Department of GIS has reviewed the requested road names for use in the Channing Drive, Section 9 (Sovereign Village) subdivision, and has made the following determinations: 1. The following road names are already APPROVED and reserved in the Frederick County Road Naming System: Canyon Road (extension) Norfolk Court Heath Court Pangborne Court Bentpath Court Thompson Court 2. The following road names conflict with another road name already in the Frederick County Road Naming System and are DENIED acceptance into the system as duplicates: Short Court INII ,e Rossum Lane G",'6Jr\r\ NOTE: In order to avoid confusion and delays in getting plans approved, individuals and agencies should contact the Department of GIS to check on and reserve any road name prior to placing it on a plan. L C IE0VCE Brick County Planning a r jelopment, 107 North Kent Street, Winchester, VA 22601, (540)665-5651 JAN 16 LIM a a 0 REQUEST FOR SI BM11S10N COMMENTS Frederick County Parks and Recreation Dept. Attn: Director of Parks and Recreation Winchester, Va. 22601 (540) 665-5678 The Frederick County Parks and Recreation Department is located on the second floor .of the Frederick County Administration Building, 107 North Kent Street, Winchester, if you prefer to hand deliver this review form. Applicant's name, address and phone number: Dulles Virginia 20166 703 433-6244 Name of development -and/or: description of -the request: Chann . ing Drive Phase 9 - Subdivision Plan Location: A .. • 11 1 1 1 • • • l - ! • 1 • 11 • 1 1 • Drive 11 .1• SensenyR•.• (Rt. • l"Northern yu 1 of Morning• Drive - Parks & Recreation Dept. Comments; Plan appears to meet open space requirements and agreed upon proffers for parks and recreation;." parks Signature and Date: '., 15103 (NOTICE TO PARKS P ASE RETURN THIS FORM TO THE APPLICANT.) V NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach a copy of your application form, cation form. APR % 9 Z004 -0. October 23, 2003 Mr. Stephen S. Collins Eastern States Engineering P.O. Box 651203 Sterling, Virginia 20166-1208 • COUNTY of FREDERICK Department of Planning and Development iC3C7' 2 9 2003 540/665-5651 FAX: 540/ 665-6395 RE: Channing Drive Phase 9; Subdivision Design Plan Preliminary Review (SUBD # 15-03) Dear Mr. Collins: I have had the opportunity to review the Channing Drive Phase 9, Subdivision Design Plan #15-03, dated January 10, 2003 received by our office on September 26, 2003. Our initial review of the plan revealed major design issues that preclude further review at this time. Once the following issues are resolved, staff will -continue reviewing the project. The Subdivision Design Plan, as submitted, is not in accordance with the approved Master Development Plan for. Channing Drive (MDP #08-00) The road design as shown on the Subdivision Design Plan differs from the approved Master Development Plan. The illustrated road alignment on MDP #08-00 illustrates that Morning Glory Drive will be continued from the Apple Ridge development onto the subject site; the. submitted subdivision design plan does not accommodate this master development plan approved road improvement. 2. The road design illustrates for a new road ("Heath Court"). that is not included on the approved Master Development Plan. 3. The Subdivision Design Plan, as submitted, is not in accordance with the approved Master Development Plan for Channing Drive #08-00. The approved master development plan enables a development with. single family detached urban lots with a minimum lot size. of 12,000 square feet. The submitted subdivision design plan contains lot sizes ranging from 7,000 to 14,000 square feet.. Proposing any lots less then 12,000 square feet is not in conformance with the approved MDP and, therefore, not allowed. These significant variations from the approved Master Development Plan prevent staff from commenting any further on the Channing Drive Phase 9; Subdivision Design Plan, as submitted. Please submit a revised plan reflecting the improvements identified by the approved Channing Drive Master Development Plan #08-00.. 107 North Kent Street - Winchester, Virginia 22601-5000 Ll E T? APR 2 9 2004 F yr j Mr. Stephen S. Collins Re: Channing Drive Phase 9 October 23, 2003 Page 2 Please contact me regarding any questions that you may have at (540) 665-5651. Sincerely, ark . Cheran, Tanner I cc: Patrick Davenport, Zoning Administrator MRC/bad U. I Markl Channing. wpd r--- 9 0 APR 2 9 2004 -1-A EC- VE ew i i Frederick County, Virginia Master Development Plan Application Package Request for Master Development Plan Comments Frederick County Department of Planning and Development Mail to: Hand deliver to: Frederick County 4th Floor Department of Planning and Development 107 N. Kent Street 107 N. Kent Street Winchester, VA Winchester, VA 22601 (540) 665-5651 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 the sheet. Applicant's Name: -T(L�- V N 114, L. P Address: a ►U30 C.' ILC.i .r_, _SJ1TC 1W -DUL-Ue S . V A DO1ULP Phone Number: C,23s) 142A- (,Q 4H Name of development and/or description of the request: C.Wk%jQ►06-DL E PRN5C q IC)- MN% -re . eve nPMc ►aT PLI� ►.� IZ�. v ,Si ol•.� Location of property: K9PWY,. 9-SDOFT 1.)OQT►} Oi=-r+%E 10EME(�T1C1J CIF MOL+ %Qb Cam► OR- _bUvF Oa WMN ko' SE 1-�e-Qj I QNb (.1ZT la5'b PI -fft VJOL-rH-Tv-u✓t�0VS OF ►A0-1J►UCH LLn Y LIVr✓ . Department of Planning and Development's Comments: Department of Planning and Development use only Date received Review Number: 1 2 3 4 5 (please circle one) Date reviewed Date approved Revision required Page 21 APR 2 9 2004 FREDERC:K'v'' PLANNNG & DEVEl EASTERN SPATES ENGINEERING P.O. Box 651208 Sterling, VA 20165-1208 (703) 433-6254 ♦ FAX (703) 433-6204 C! K�U Ll m n O� LJ To Frederick County -Planning Dept. Date April 29, 2004 Address 107 North Kent Street Winchester, VA 22601 Project Fu-Shep Project # Attention Mr. Patrick Davenport Phone # 540-665-5651 WE ARE SENDING YOU: ® Attached ❑ Under separate cover VIA: ❑ US Mail ® Courier/Delivery ❑ Overnight Carrier. ❑ Interoffice Mail ❑ Pick-up THE FOLLOWING ITEMS: ❑ Shop drawings ❑ Prints ® Plans ❑ Disk ❑ Specifications ❑ Samples ❑ Copy of letter ❑ Change order ❑ Other COPIES DATE NO. DESCRIPTION 66 4/28/04 Master Development Plan Revision for Charming Drive Phase 9&10 Fee Check for $8,129.50 Master Development Plan Application Request for Comments THESE ARE TRANSMITTED: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution ® As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ❑ ❑ FORBIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS Attached is the first submission and request for comments on the above referenced plan. Thank you. SIGNED STEPHEN S. COLLINS JR., P.E. EASTERN STATES ENGINEERING, INC. If enclosures are not as noted, kindly note us at once. �M � ,� APR � 9 2p04 FF�'EC}��{CVC v�LOPPhENT May 12, 2004 Mr. Stephen S. Collins, Jr. Eastern States Engineering 21630 Ridgetop Circle Dulles, Virginia 20166 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 FILE fOPY RE: Preliminary MDP Review Comments for Channing Drive: Phases 9 & 10 (Fu-Shep Tract) Property Identification Numbers (PINs) 55-A-211, 55-A-209, 55-A-213, and 65-A-40 Dear Mr. Collins: This letter details Staff s preliminary review comments for the above -referenced preliminary master development plan, received by staff on April 29, 2004. The plan is a proposed revision of the portion of the Charming Drive Master Development Plan referred to as the Fu-Shep Tract. The Channing Drive Master Development Plan was approved by Frederick County on December 5, 2001. All of the comments shown below must be adequately addressed prior to administrative approval. Review Comments: 1) Complete Application. In order to have a complete application, please submit the following:1) a signed and notarized special limited power of attorney form, completed by the property owner; and 2) Master Development Plan review agency comments from all relevant review agencies. 2) Magisterial District. Please change the reference to the magisterial district from Stonewall District to Red Bud District. The Red Bud District is the correct district. 3) Riparian Buffers. Please show all natural waterways and required riparian buffers. 4) Multiplex Units. Please specify on the MDP whether the proposed multiplex units will be multi -family or single-family. 5) Proffer Summary. Please list all proffered conditions verbatim on the master development plan for reference. The proffer summary provided on page 2 of 2 excludes some proffered conditions, such as the monetary contribution of $4,205.14 per lot and the nature trails. 107 North Kent Street - Winchester, Virginia 22601-5000 Page 2 Mr. Stephen S. Collins, Jr., Eastern States Engineering Re: Preliminary MDP Review Comments for Charming Drive: Phases 9 & 10 (Fu-Shep Tract) May 12, 2004 6) Trails. Please specify on the MDP that the proposed trails will be constructed for public use. Please also provide the following information on the MDP regarding the proposed trails: a) whether or not the trail will be established within an easement, b) what the width ofthe easement will be, if proposed, c) what the width ofthe trail will be, and d) what the surface material and base material ofthe trail will be. 7) Revision Dates. Please list any revision dates on the MDP. According to the submitted plan, this plan was prepared in October of 2002 and has not been revised. S) Sidewalks. According to the Typical Roadway Section on the MDP, the proposed sidewalks are four feet in width. Please note that VDOT has increased their minimum width of sidewalks to five feet. Please revise the plan accordingly. 9) Residential Separation Buffers. Per Section 165-37 C(1)(a)[2], ofthe Zoning Ordinance, please show the required residential separation buffers between the proposed single-family small lots and the adjoining single-family detached traditional, urban, and cluster lots. 10) Landscaping. Per Sections 165-65 F (2) and 165-36, ofthe Zoning Ordinance, please provide the required landscape plantings. 11) Hours of Operation for Temporary Construction Road. Please consider limiting the use ofthe temporary construction road to reasonable operation hours to lessen the impact it will have to adjoining properties. 12) Community Center. Please provide a community center(s) for the proposed development as required per Section 165-64 A, of the Frederick County Zoning Ordinance. Despite the fact that this MDP application is incomplete, staff has scheduled review of the MDP with the Planning Commission and Board of Supervisors in an effortto comply with Judge Prosser's Court Order, dated March 24, 2003. In this Order, Judge Prosser accepted that Toll Brothers (developer) submit a complete MDP application to Frederick County by April 29, 2003; and that the Frederick County Planning Commission and Board of Supervisors review the submitted plans by the end of May. Feel free to give me a call at 665-5651 if you have any questions or concerns. Sincerely, Jeremy F. Camp - Planner II • Page 2 Mr. Stephen S. Collins, Jr., Eastern States Engineering Re: Preliminary MDP Review Comments for Charming Drive: Phases 9 & 10 (Fu-Steep Tract) May 12, 2004 JFC/bad Attachment: Special Limited Power of Attorney Form cc: Dr. Allen Futral (co-owner) (405 Briarmont Drive, Winchester, VA 22601) Dr. George Sheppard (co-owner) (309 S. Stewart Street, Winchester, VA 22601) Toll Brothers, Inc. (developer) (21630 Ridgetop Circle, Dulles, VA 20166) Gina Forrester, Red Bud District Supervisors Pat Gochenour and Marie Straub, Red Bud District Planning Commissioners • EASTERN STATES ENGINEERING P.O. Box 651208 Sterling, VA 20165-1208 (703) 433-6254+FAX (703) 433-6204 • To Frederick County -Planning Date May 18, 2004 De t. Address 107 North Kent Street Project Channing Drive Phase 9 & Winchester, VA 22601 10 — Master Development Plan revision Project # Attention Mr. Jeremy Camp Phone # 540-665-5651 WE ARE SENDING YOU: ® Attached ❑ Under separate cover VIA: ❑ US Mail ® Courier/Delivery ❑ Overnight Carrier ❑ Interoffice Mail ❑ Pick-up THE FOLLOWING ITEMS: ❑ Shop drawings ❑ Prints ® Plans ❑ Disk ❑ Specifications ❑ Samples ❑ Copy of letter ❑ Change order ❑ Other COPIES DATE NO. DESCRIPTION 2 5/18/04 Master Development Plan Revision for Channing Drive Phase 9&10 5/18/04 Comment Response Letter THESE ARE TRANSMITTED: ❑ For approval ❑ For your use ® As requested ❑ For review and comment ❑ FORBIDS DUE 17 MAY 1 9 2004 ❑ Approved as submitted ❑ Resubmit copies for approval ❑ Approved as noted ❑ Submit copies for distribution ❑ Returned for corrections ❑ Return corrected prints El ❑ PRINTS RETURNED AFTER LOAN TO US FREDERICK COUNTY PLANNBJG & DEVEU-r,:1- T- SIGNED STEPHEN S. COLLINS JR., P.E. EASTERN STATES ENGINEERING, INC. If enclosures are not as noted, kindly notes us at once. • 0 �ljk.l I LCivil Engineering, Land Surveying and Land Planning Services L.f'RN VIRGINIA DIVISION OFFICE P O Box 61208 Sterling, VA 20165-1208 ENGINEERING (703) 433-62 FAX (703) 433-620404 May 18, 2004 Mr. Jeremy F. Camp Frederick County Dept. of Planning 107 North Kent Street Winchester, VA 22601-5000 Re: Channing Drive Phase 9 & 10 — Master Development Plan Revision Dear Mr. Camp: Please accept this letter as our response to the review comments on the subject Channing Drive Phase 9 & 10 Master Development Plan Revision. DEVELOPMENT SERVICES DIVISION Comment 1. Review Agency Comments. As noted about, no review agency comments of this MDP were submitted with this master development plan application. Such comments must be received and complied with prior to MDP approval. Response: Comments and approval letters have been received and have been delivered to the Department of Planning under separate cover. Comment 2. Special Limited Power of Attorney Form. Please have the property owner submit a completed, signed and notarized Special Limited Power or Attorney Form. This form grants the applicant with the authorization to represent the property owner. Response: Since the property owners signed both the cover sheet of the Master Development Plan and the Subdivision Design Plan a power of attorney is not required. It is my understanding that this has been confirmed in conversations between my clients council and the County Attorneys office. Comment 3. Magisterial District. Please change the reference to the magisterial district frout the Stonewall District to the Red Bud District. The Red Bud District is the correct district. Response: The magisterial district has been updated as requested. Comment 4. Riparian Buffers. Please show all natural waterways and required riparian buffers. Response: Per Section 165-141 it is not a requirement to show the riparian buffers on the MDP. The wetlands will be shown as required by this section. Please note that the applicant will conform to the requirements of Section 165-31 with respect to disturbance of the riparian buffers. Corporate Office Regional Offices 2747 Philmont Avenue Brandywine Valley, PA Clinton, NJ Huntingdon Valley, PA 19006 (610) 647-1162 (908) 638-5270 (215)914-2050 Mr. Jeremy Camp, Planner II Charming Drive Phase 9 & 10 MDP Revision Page 2 Comment 5. Multiplex Units. Please specify on the MDP whether the proposed multiplex units will be multi family or single-family. Response: The multiplex units will be single-family attached. A note has been added to the MDP stating this. Comment 6. Proffer Summary. Please list all proffered conditions verbatim on the master development plan for reference. The proffer summary provided on page 2 of 2 excludes some proffered conditions, such as monetary contribution of $4,205.14 per lot and the nature trails. Response: The Proffer Summary has been updated as requested. Comment 7. Trails. Please specify on the MDP that the proposed trails will be constructed for public use. Please also provide the following information on the MDP regarding the proposed trails: a) whether or not the trail will be established within an easement, b) what the width of tine easement will be, if proposed, c) what the width of the trail will be, and d) what the surface material and base material of the trail will be. Response: The trail will be constructed for public use and will be placed in an easement as required by proffer 3 of Article IV. In addition this proffer requires the trail to be 6' in width with a wood chip surface. The easement width proposed on the trail in 10'. This information has been added to the MDP. Comment 8. Revision Dates. Please list any revision dates on the MDP. According to the submitted plan, this plan was prepared in October of 2002 and has not been revised. Response: The revision dates haven been updated as requested. Comment 9. Sidewalks. According to the Typical Roadway Section on the MDP, the proposed sidewalks are 4 feet in width. Please note that VDOT has increased their minimum width of sidewalks to 5 feet. Please revise the plan accordingly. Response: The original Master Development Plan was approved under the "1996 Subdivision Street Requirements" which permitted 4' sidewalks. Since we have not proposed any changes to typical street sections, increased traffic counts, or other wise modified the street sections with this Revised Master Development and VDOT did not make the request to change or comment on the sidewalks this change has not been made as requested. In addition, the "2004 Subdivision Street Requirements" on which you base this comment was published in the Virginia Registrar on May 3, 2004. Currently the proposed revisions to the requirements are in the 60-day public comment period and have not become official yet. Furthermore, the November 19, 2003, draft of the requirements stated 5' sidewalks would be required; however, the December 19, 2003, draft and what was published for comment states "Desirable sidewalk width is 5 feet but shall not be less than 3 feet in width." Therefore, the comment is incorrect regardless. Comment 10. Residential Separation Buffers. Per Section 165-37 C(1)(a)[2], of the Zoning Ordinance, please show the required residential separation buffers between the proposed single-family small lots and the adjoining single-family detached traditional, urban, and cluster lots. Response: The perimeter residential separation buffer has been added to the southern boundary as required per the Zoning ordinance. Along the western boundary adjacent to Sovereign Village a 10' Mr. Jeremy Camp, Planner II Channing Drive Phase 9 & 10 MDP Revision Page 3 interior residential seperation buffer has been added as Phase 9 is part of the Channing Drive mixed use development. Comment 11. Landscaping. Per Sections 165-65 F(2) and 165-36, of the Zoning Ordinance, please provide the required landscape plantings. Response: A detail has been added to the MDP showing typical plantings per lot as required by the zoning ordinance. Comment 12. Hours of Operation for Temporary Construction Road. Please consider limiting the use of the temporary construction road to reasonable operation house to lessen the impact it will have to adjoining properties. Response: Acknowledged. Comment 13. Community Center. Please provide a community center(s) for the proposed development as required per Section 165-64 A, of the Frederick County Zoning Ordinance. Response: Section 165-64A of the Zoning Ordinance requires "developments containing single-family small lot housing shall provide a community center that provides for the equivalent of three age - appropriate recreational units for each 30 dwelling units." A community center is being provided in Phase 1-8 of Channing Drive per Proffer 3 Article III. The proffered community center meets the requirements of this section of the Ordinance. In addition, please see the attached response to comments from Parks & Recreation concerning amenities as they have a similar comment. We trust that this letter adequately summarizes our responses to your review comments. Should you have any questions please do not hesitate to call me at (703) 433-6244. Sincerely, EASTERN STATES ENGINEERING, INC. Stephen Collins, Jr. P.E. Project Engineer cc: Mr. Webb Koschene, Vice President Mr. Ty Lawson, Lawson & Silek TRANSMISSION VERIFICATION REPORT TIME 05/26/2004 15:09 NAME FRED CO PLANNING DEP FAX 5406656395 TEL 5406655651 SER.# BROC2J178677 DATE DIME 05/26 15:08 FAX NO./NAME 917034336204 DURATION 00:00:33 PAGE(S) 02 RESULT OK MODE STANDARD ECM COUNTY of FREDERICK Department of Planning and Development 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Telephone: 540/665-5651 FAX:540/665-6395 FAX TRANSMISSION TO COMPANY: { FAX #: '703- tf 3 3-_ 020 Date: dza Number of Pages (including cover sheet) — COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 May 28, 2004 VIA FACSIMILE: 703-433-6204 Mr. Stephen S. Collins Eastern States Engineering P.O. Box 651203 Sterling, Virginia 20166-1208 RE: Charming Drive Phase 9: Final Plats Dear Mr. Collins: The final plats for the subject project were received by this office today for a preliminary review. As you are aware, the revised Master Development Plan (MDP) does not fully address all ordinance and agency review comments. The arrangement of the lots depicted on the final plats, appear to reflect the recently reviewed MDP. Additionally, staff has recently provided a review of the Subdivision Design Plan (SDP); We have yet to receive an SDP which addresses all ordinance and agency review comments. Staff will provide review comments on the submitted final plats. Prior to obtaining final plat approval, the SDP must be approved in accordance with the approved MDP and the final plats must reflect the approved SDP. If you have any questions, please feel free to call. Sincerely, Patrick T. Davenport Zoning and Subdivision Administrator PTD/dlw cc: Fu-Shep Farm Partnership, 405 Briarmont Drive, Winchester, VA 22601 bcc: Lawrance R. Ambrogi, John R. Riley, Jr. 107 North Kent Street • Winchester, Virginia 22601-5000 May 14, 2004 Mr. Stephen S. Collins, Jr., P.E. Eastern States Engineering, Inc. P.O. Box 651208 Sterling, Virgina 20165-1208 COUNTY of FREDERICK RE: Master Plan Comments - Fu-Shep - Phases 9 and 10 - Channing Drive Frederick County, Virginia Dear Mr. Collins: Department of Public Works 540/665-5643 FAX: 540/ 678-0682 RECEIVED MAY 1 7 2004 FREDERICK COUNTY PLANNING & DEVELOPMENT Based on our review of the subject master plan, we offer the following comments: 1) It will be necessary for the master plan to reflect all wetlands and provide the total amount of wetlands that have been mapped. The master plan should also reflect the total amount of wetlands to be disturbed. 2) It will be necessary to provide the locations and relative areas of all proposed stonmwater management facilities. 3) You have indicated a road network for future Phase 10. Indicate on the plan the future use of the area located at the end of the proposed Chastin Court. The proposed road forms a "T" intersection but does not reflect a cul-de-sac. 4) The master plan shall indicate a construction entrance on Canyon Road in the Senseny Glen Subdivision rather than at the end of Morning Glory Drive in the Apple Ridge Subdivision. The Canyon Road location was previously identified on the approved master development plan. Once these comments have been addressed, submit two (2) copies of the revised master plan for our review. Sincerely, Harvey 1E.rawsnyder, Jr., P.E. Director of Public Works HES/rls cc: Eric Lawrence, Director of Planning and Development 107 North Kent Street 9 Winchester, Virginia 22601-5000 i 1b Homeowners Association PO BOX 2643 • WINCHESTER, VA 22604 Concerns re: MDP #05-04 Channing Drive: Phases 9 & 10 Frederick County Planning Commission May 19, 2004 1. Common area access A. Senseny Glen HOA is responsible to maintain 10.216 of open space B. Plat approved by the County in 1998 does not provide any access to the open space by the HOA C. Currently there are erosion issues that need to be addressed by the HOA D. The Senseny Glen HOA requests permanent access be provided between the Fu-Shep property and Senseny Glen open space to permit necessary maintenance of the open space by the Senseny Glen HOA 2. Vehicular access to the Fu-Shep property A. Options for access to the Fu-Shep property. We understand that access to the Fu-Shep property would eventually come via Channing Drive to Canyon as well as Senseny Glen Drive to Canyon. 1) If there is any possibility that access to the Fu-Shep property will only be through Senseny Glen subdivision via Canyon Road, even for a period of time, this is problematic for the Senseny Glen HOA and would likely lead to legal action on our part in an effort to block exclusive access to the Fu-Shep property through Senseny Glen 2) Sharing access to Fu-Shep between Canyon Road via Channing Drive, a road adjacent to Bedford Village off Senseny Road and Canyon Road through Senseny Glen seems reasonable, even though it will be troublesome for Senseny Glen residents who live on Canyon Road between Senseny Glen Drive and the Fu-Shep property B. Bases of concerns 1) Unreasonably high traffic level on Senseny Glen Drive and Canyon Road. Increased traffic on the section of Senseny Glen Drive and Canyon Road is of particular concern because of the tendency of drivers to exceed the speed limit on this stretch of the road. 2) Concern for small children that live along Senseny Glen Drive and Canyon Road 3) Ultimate impact on property values in our subdivision 4) Our HOA was never notified that Fu-Shep was challenging the original agreement and, therefore, we did not have a voice in those proceedings Concerns presented by Dan Busby, President, Senseny Glen HOA, PO Box 2643, Winchester, VA 22604; Busbyd(abadelphia.net; 540-535-0103