HomeMy WebLinkAbout05-02 Foxe Towne Plaza - Stonewall - Backfile (2)MASTER DEVELOPMENT PLAN TRACKING SHEET
(Note: The application does not need to be complete to be accepted.)
Submission Package
Comment sheets from the following agencies along with any marked copies of the plan:
i
VDOT
City of Winchester
Sanitation Authority
Health Department
i/ Inspections Dept.
Parks & Recreation
Fire Marshal
4 County Engineer
One copy of the master development plan application
25 copies of the plan on a single sheet
One reproducible copy of the plan (if required)
A 35 mm slide of the plan
TRACKING
Date
Application received
_ Fee Paid (amount: S
ammehJI�
Preliminary MDP heard by Planning Commission - Action taken:
Preliminary MDP heard by Board of Supervisors -Action taken: ii �^- Coh nec l (OK
Letter to applicant regarding action and revisions (if required)
I-o - 3 Final MDP submitted with review agency, PC and BOS comments addressed
-2 -0 Final MDP signed by County Administrator and Planning Director (send two
copies to applicant)
/-3n-6 Administratively approved; letter sent to applicant
U. \Carol\Common\TRACKING. MDP
Rev 07/21 /00
NOTES:
Date:
File opened
Reference Manual updated/number assigned
D-base updated
one -R �V
etr location maps requested from Mapping & Graphics
Four sets of labels requested from Data Processing
File given to Renee' to update Application Action Summary
CLOSE OUT FILE:
Approval (or denial) letter mailed to applicant (*Note: Be sure Joe Wilder in Public works
receives a copy of the administrative approval letter.)
File stamped "approved"/"denied" or "withdrawn"
Reference Manual updated
D-base updated
given to Renee' for final update to Application Action Summary
File in file drawer
UAC=1\Com n\TRACKING.MDP
Rev. 07/21/00
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MOREDITCARD❑
COUNTY of FR1EDlERICK
Department of Planning and Development
540/ 665-5651
FAX: 540/ 665-6395
MEMORANDUM
;i
TO: Lawrence R. Ambrogi, County Commonwealth's Attorney
FROM: Eric R. Lawrence, Planning Director,,i'
RE: Foxridge Lane; Foxe Towne Plaza Master Development Plan
DATE: September 10, 2002
As a follow-up to our discussion on Monday, September 9, 2002, in the County Administrator's
office, I am providing you with the attached copy ofthe recorded Deed ofDedication and Subdivision
Plats establishing the Foxridge Townhome development.
The Foxridge townhome project was approved by the County in 1991. As evidenced in the deed, a
300-foot portion ofthe proposed Foxridge Lane, measured from its intersection with Fox Drive, was
dedicated "to the public for ingress and egress." It was your opinion during our meeting that this
300-foot portion ofFoxridge Lane was, therefore, intended to be a public road and may be a County -
owned road.
The Board of Supervisors will be reviewing the Foxe Towne Plaza Master Development Plan (MDP)
during their September 25, 2002 meeting. Staff believes that public access to this MDP should be
provided via Foxridge Lane. Additionally, if the 300-foot portion of Foxridge Lane is a County -
owned road, it would be prudent for the developer of the MDP to be responsible for all improvements
necessary to facilitate a transfer of Foxridge Lane to the Commonwealth of Virginia for placement
in the State's Secondary Road System.
Staff requests that you confirm that the 300-foot portion is indeed a County -owned road prior to the
Board of Supervisors meeting; the attached information might assist you in your decision. This
clarification is sought in preparation of anticipated questions which might be raised during the
Board's meeting.
Please contact me with questions regarding this project. Thank you.
ERL/rsa
Attachment
cc: John R. Riley, Jr., County Administrator
U:\Eric\Common\Determinations\Foxridge Lane.wpd
107 North Kent Street • Winchester, Virginia 22601-5000
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THIS DEED OF DEDICATION, made and dated this 2'�
day
1+of M A(ZC H , 1991, by and between DONALD A. RUSSO and LINDA H.
IRUSSO, parties of the first part, hereinafter called the
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DECLARANT, whether one or more, and COUNTY I� OF FREDERICK,VIRGINIA,
1iI party of the second part, and BENJAMIN M. BUTLER, Trustee, party
I
II'iof the third part, and FIRST AMERICAN BANK OF VIRGINIA,
IlBeneficiary, party of the fourth part, and RUSSON, a Virginia
Partnership, party of the fifth part, hereinafter called
ADDITIONAL DECLARANT.
WHEREAS, the DECLARANT is the owner in fee simple of
the real estate shown on the attached plat drawn by Douglas C.
Legge, C.L.S., dated January 15, 1991, known as Foxridge, which
property is further described on the Final Master Development
Plan of Foxridge a, �ed in the Office of the Frederick County
Department of Planning and Development. This is a portion of
the real estate conveyed to the DECLARANT by two (2) deeds, the
first dated December 21, 1990, from Earl S. Bailey, Jr., et ux
of record in the Office of the Clerk of the Circuit Court of
JFrederick County, Virginia, in Deed Book 754, at Page 1121, and
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the second dated December 19, 199o, from Michael D. Carpenter,
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et ux, of record in the aforesaid Clerk's Office in Deed Book
754, at Page 1126; and,
WHEREAS, the property is subject to a Deed of Trust,
dated December 21, 1990, of record in the aforesaid Clerk's
Office in Deed Book 754, at Page 1133, to secure First American
Bank of Virginia, a certain indebtedness described therein; and,
WHEREAS, said real estate, as shown on the aforesaid
attached plat, has been subdivided into lots for the
construction of townhouses thereon, and the attached plat shows
accurately the metes and bounds of the subdivided land, together
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I with the dimensions of each lot thereof and also shows certain
surrounding lands in said Subdivision to be used as common open j
space, parking areas, drainage easement, buffer protection
easement, water and sewer easement, and utility -_easement and
public access-easemept to said lots, all of which shall
J constitute a portion of that development known as Foxridge and
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which common open space and parking a_eas shall be owned,an j
�- g ..,uAssociatioc� upon the terms
maintained by the_„Foxrid e-Homeowners,-
1 and conditions set forth hereinafter; and,
WHEREAS, the DECLARANT now desires to subdivide the
same into lots to be known as Foxridge. 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, Trustee and Beneficiary, and the
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parties hereto further desire to subdivide the aforesaid real i
estate in accordance with the provisions of "The Virginia Land
Subdivision Act" as are applicable and in force and effect as of
I
the date of execution of this Zaed of Dedication; and,
WHEREAS, The ADDITIONAL DECLARANT, Russon, a Virginia
jj Partnership is the owner of a tract or parcel of land containing
' 5.42 acres, and described as Parcel A in that certain deed of !II
I'I conveyance from XENRAY, a Virginia Partnership, dated April 8, '
1988 to Russon and of record in the Office of the Clerk of the '
! Circuit Court of Frederick County, Virginia, in Deed Book 677, at
Page 263; and,
WHEREAS, by a previous agreement Russon agreed to dedicate a I
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portion of the 5.42 acre parcel as an entrance way for the
proposed Foxridge Land for public access for ingress and
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!egress.
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NOW, THEREFORE, THIS DEED OF DEDICATION WITNESSETH:
That for and in consideration of the premises and the benefits
)which will accrue by reason. of this Dedication, the DECLARANT
!does hereby subdivide, grant and dedicate in fee simple all of
that certain tract or parcel of land designated as Foxridge
lying and being situate in Gainesboro Magisterial District,
I
Frederick County, Virginia, and being more particularly
described by the aforesaid plat of Douglas C. Legge, C.L.S.,
dated January 15, 1991, attached hereto and made a part hereof
and by this reference incorporated herein as if set out in full,
and which plat is drawn in conformity with the final master
development plan for Foxridge on file in the Office of the
Frederick County Department of Planning and Development. This
is the same real estate conveyed to Donald A. Russo and Linda H.
IRusso, said deeds of record in the aforesaid Clerk's Office in
IDeed Book 754, at Page 1121, and Deed Book 754, at Page 1126.
For and in consideration of the premises and the benefits
which will accrue by reason of this dedication the ADDITIONAL
DECLARANT does hereby grant and dedicate in fee simple all that
certain tract or parcel of land that is depicted by dashed lines
on that certain plat and survey of Douglas C. Legge, C.L.S.,
dated December 27, 1990 and attached to that certain Right of Way
Agreement and Agreement to Dedicate dated January 16, 1991 and
recorded in aforementioned Clerk's Office in Deed Book 757, at
Page 1762 by this reference made a part hereof as if set out in
full. Said dedication of land is for the purpose of an entrance
for Foxridge Lane on Fox Drive also known as Virginia Secondary
Route 739.
Both the DECLARANT and ADDITIONAL DECLARANT herein further
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dedicate the entrance of Foxridge g Lane off of Fox Drive and the
first three hundred (3001) feet of Foxridge Lane from Fox Drive
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jl to the public for ingress and egress.
f All of the lots shown on the
plat attached hereto
shall be subject to the following restrictions and covenants and
+ Articles which are covenants running with the l,.;nd, and sha
ll be
binding upon all parties having any right, title and interest in
and to the aforesaid lots or any part thereof, their heirs,
successors and assigns, and shall inure to the benefit of each
Owner thereof.
A R T I C L E I
DEFINITIONS
section 1. "Association" shall mean and refer to
I. Foxridge Homeowners Association, Inc., a non stock Virginia
Corporation, its successors and assigns,
I
Section 2. "Common Area shall mean and refer to
that certain real property hereinabove described as common open
space and parking areas, and such additions thereto as may
I '
hereafter be brought within the jurisdiction of the Corporation.
Section 3. "Lot" shall mean and refer to any of the
lots designated upon the plat of Foxridge with the exception of
the common areas space and parking areas.
1
Section 4. "Member" shall mean and refer to every
II
Person or entity who holds membership in the Association. 1
Section 5. "Owner" shall mean and refer to the record
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Owner, whether one or more persons or entities, of a fee simple
title to any Lot which is a part of the Foxridge as shown on the
attached plat, including contract sellers, but excluding those
having such interest merely as security for the performance of j(
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"DECLARANT" shall mean and refer to Donald
Russo, their successors and assigns.
Section 7. "ADDITIONAL DECLARANT" shall mean and
reference to RUSSON, it's successors and assigns.
i A R T I C L E I I
,I
MEMBERSHIP i
Every person or entity who is a record Owner of a fee
ior undivided fee interest in any Lot which is subject by
:i covenants of record to assessments by the Association, including
Icontract sellers, shall be a member of the Association. The I
i foregoing is not intended to include persons or entities who
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hold an interest merely as security for the performance of an i I
obligation. Only one membership shall be accorded per Lot.
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Membersp shall be a i
i ppurtenan to and may not be separated from I
ownership of any Lot which is subject to assessment by the
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IAssociation. Ownership of such Lot shall be the sole
I qualification for membership.
I� A R T I C L E I I I
IVOTING RIGHTS
IEach Member of the Association shall have one vote for I
i; each lot owned in which said Member shall hold the interest
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jIrequired for membership in Article II. When more than one I
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! person holds such interest in any Lot, all such persons shall be i
,i Members. The vote for such Lot shall be exercised as they among
I� themselves determine, but in no event shall more than one vote
be cast with respect to any Lot.
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BOARD OF DIRECTORS
The affairs of the Association shall be managed by a
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ii Board of not less than three (3), but no
!^ors than nine (9)
it directors, who must be members of the Association. The initial
Board of Directors shall be appointed by the Association and
serve until the first annual meeting fol
first Lot in Foxridge; thereafter, lowing conveyance of the
be elected b
Ilthe Board of Direc
tors shall
y the Membership as the
in the BY -Laws of the
Association.
TREASURER
The Treasurer of the Association shall be bonded, with
the expense of such a fidelity bond for said officer to be borne
it by the n..___•
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A R T I C L E I v
II I _ PROPERTY RIGHTS IN COMMON PROPERTIES _.
II Section 1. Meb' Easements of En'o ment:
IIMember shall have a right and easement of enjoyment in andtoEvery
the "Common Areas"
specifically including but not limited to
Ithe rights of ingress and egress across the aforesaid "Common
IIAreas" and such easement shall be appurtenant to and shall pass
with the title to every assessed Lot, subject to the following
provisions:
(a) The rights of the Association, in
accordance with its Articles and
II By -Laws, to borrow money for the
Ipurpose of improving the aforesaid
"Common Areas" and in aid thereof
to mortgage said property and the
rights of such mortgagee in said
"Common Areas" shall be
i subordinate to the rights of the
Ii Homeowners hereunder.
I
(b) The rights of the Association to
suspend the voting rights and the
IIit right to the use of the "Common
Areas" by a Member for any period
Ir3uring which any assessment
against his Lot remains unpaid;
and for a period not to exceed
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thirty (30) days for any
infraction of its published rules
and regulations.
(c) The rights of the Association to
dedicate or transfer all or part
Of the "Common Areas" to any
Public agency, authority, or
utility for such purposes and
subject to such conditions as may
be agreed to by the Members. No
such dedication or transfer shall
be effective unless an instrument
signed by Members entitled to cast
two-thirds (2/3) of the votes has
been recorded agreeing to such
dedication or transfer, and unless
written notice of the proposed
action is sent to every Member not
less than twenty-five (25) days
�Ij nor more than fifty (50) das in
advance. y
I
Section 2. Delegation of Use:
Any Member may
II delegate, in accordance with the By -Laws, his right of -enjoyment
to the "Common Areas" to the members of his family, y, his tenants,
,i or contract purchasers who reside on the property.
II Section 3. Title to the "
ICommon Areas The
DECLARANT hereby covenants for their heirs and assigns, that
Donald Russo and Linda Russo will convey fee simple title to the
I
common open space and Parking areas (referred to hereinabove as
I the "Common Areas") to the Association, immediately after fifty
(501) percent of the lots are sold.
A R T I C L E V
COVENANTS FOR MAINTENANCE ASSESSMENTS FOR THE ASSOCIATION
Section 1. Assessments: The DECLARANT, for each Lot
itowned, hereby covenants, and each Owner of any Lot by acceptance
of a deed therefor, whether or not it shall be so expressed
any such deed or other conveyance, in
li Y is deemed to covenant and
j� agree to pay to the Association (1) annual assessments or
charges, and (2) special assessments for capital improvements,
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such assessments to be fixed
established, and collected from
time to time as hereinafter provided. The annual assessments
�iand special assessments,
together with such interest thereon and
costs of collection thereof,
as hereinafter provided, shall be a
charge on the land and shall be
a continuing lien upon the
Property against which
each such interest, costs and reasonable
�II�attorney's fee, shall also be
the personal obligation of the !
�Jperson who was the Owner of
such property at the time when the
!assessment fee was due. The personal obligation shall n
to his successors in title unless expressly assumed °t Pass
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Section 2. Y them.
Purpose of Assessments:
III levied b The assessments
y the Association shall be used exclusivel
;following purposes, Y for the
to -wits Improvements and maintenance of the
"Common Areas", specific&ll
y including, but not limited to, I
Payment of real estate taxes, repairs, snow removal, , storm
drainage repair, , maintenance
of street lights and payment of all
'utility charges therefor
and service and facilities devoted to
.the aforesaid
Purposes a:d related to the use of and enjoyment
of the "Common Areas";
:1 tor
the Y and
for the maintenance of shru'
'!lawns, includingmowing of bberall lawns of all lots in
Foxridge, for
I streets, parking area maintenance and storm water
detention facility i Y maintenance; and �ffurther promoting for the purpose of
g the recreation, health
safety and welfare of the
residents of the "Common Areas" of Foxridge. I
� Section 3. I
Bass ,nd Maximum
Of Annual Assessments:
i O`'ner,
Until January 1 of the j
year immediately followin
10f the first Lot to an 9 the conveyance I
, the maximum
;shall be annual assessment
i Two Hundred Dollars ($200.00) per �P year per Lot;
(a) From and after January 1 of the
year immediately following the sewer,
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conveyance of the first Lot to an
Owner, the maximum annual
a�6essment per Lot may be
increased above that set forth
hereinabove by a vote of the
Members for the next succeeding
year and at the end of each year's
period, for each succeeding period
Of one
(1 )year, provided that any
changesuch shall have the assent
Of two-thirds (2/3) of the votes
of Members who are votiyig in
person or by proxy, at a weeting
duly called for this pu;pcse,
sent
written notice of 4-hich shall be
to all Members not 2.ess tlan
thirty (30) dayssixty nor more than
meetin(60j days in advance of the
g• The limitations hereof
them not
the apply to any change in
maxi um and basis of the
assessments undertaken as an
incident to a merger or
consolidation it which the
Association is authoriz,�d to
participate under its Articles of
Incorporation.
i
j (b) After consideration of current
maintenance costs and future nee,is
Of the Association, the Board of
i; Directors may fix the 1I annual assessments at an amount not in
excess of the maximum.
jI Section 4. Special Assessments for Ca ital
Improvements: In addition to the annual assessments authorize
above, the As d
sociation may levy in any assessment year a special
iI assessment applicable to that
� year only, for the purpose of
iI defraying, in whole ou in
part, the cost of any construction or
unexpected air or P
+ reconstruction, unex re replacement of a
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�I capital improvement upon the "Commdescribed
' on Areas", including 4 the
y fixtures and personal property related thereto,
�I rovided that any such assessment shall have the assent of two_
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thirds (213) of the votes of Members who are voting
by proxy at a meeting duly �� Person or
called for this purpose, written
notice of which shall be sent to all Members not less than
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thirty (30) days nor more than sixty (60) days in advance of the
meeting, setting forth the purpose of the meeting.
Section 5. Uniform Rate of Assessment:
'and special assessments must be fixed at a uniformBoth annual
I
rate for all
Lots and may be collected on a monthly basis.
Section 6. Quorum for anZ Action Authorit
Sections 3 and 4: Under
At the first meeting called
:Sections 3 and 4 hereof, the , as Provided in
presence at the meeting of Members
or of proxies entitled to cast sixty-seven
I
percent (678) of all
uorum,
votes shall constitute a q If the =`
forthcoming quirad quorum is not •
g at any meeting, another meeting ma" • be called,
subject to requirement s
re the notice et forth in Sections 3
i• q i
land the required quorum at an and 4 ,
Y such subsequent meeting shall be
' one-half (1/2) of the required 1' q quorum at the
, No such subsequent meetin Preceding meeting,
g shall be held more than sixty (60)
days following the preceding meeting.
I�
Section 7. Date of Commencement of Annual
'I Assessments..DUE DATE
The annual assessments
iled for
herein shall commence as to all Lots on the first day dof he
11 month following the conveyance of the first Lot to an Owner.
The first annual assessment shal be adjusted lI
according to the
J'
I(number of months remaining in the calendar ear.
f Directors shall fix the Y The Board of
i
amount of the annual assessment against
each Lot at least thirty (30) days in advance of each annual
assessment Period. Written notice of the annual assessment
,shall be sent to every Owner subject thereto. The due dates
�Ishall be established by the Board of Directors. The Association
�Isha`_, upon demand at an
is y time, furnish a certificate in writing
I(signed by an officer of the Association setting forth whether
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the assessments on a specified Lot have been paid. A reasonable
charge may be made by the Board for the issuance of these
certificates. Such certificates shall be conclusive evidence of
payment of any assessment therein stated to have been paid. Said
assessment shall not apply to any unsold lot retained by the
!!DECLARANT if DECLARANT has said lots for sale.
Section 8. Effect of Non -Pa ment of Assessments:
ilRemedies of the Association: Any assessments which are not paid
Iwhen due shall be delinquent. If
the assessments which is not
jlpaid within thirty (30) due date days after the d
Y the assessment
shall bear interest from the date of delinquency at the
twelve rate of j
percent (12%) per annum, and the Association may bring an I
jlaction at law against the Owner personally obligated to
i
Same, or foreclose the lien against the pay the
costs and reasonable attorneyproperty, and interest,
attorneys property,
on any such action shall
I
gadded to the amount of such as be
assessment. No Owner may
';Otherwise escape liability for theY waive or
assessments provided for
Therein by non-use of the ! "Common Areas" or abandonment t of his
�I Secti,)n 9.
Subordination of the Lien to Mort a es:
The lien of the assessments provided for herein shall be
Isubordinated to the lien of any mortgage or mortgages now or +
hereafte
r encumbering any Lot. Sale or transfer of any Lot
shall not affect the I assessment lien. However, I
the sale or �
transfer of any Lot which is subject to any mortgage, pursuant I i to a decree of foreclosure thereof,
Ishall extinguish the lien of
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such assessments as to payments thereof which become due prior
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II to such sale or transfer. No sale or transfers shal
l 11 relieve
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II such Lot from liability for any assessments thereafter becoming
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due from the :ien thereof.
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Section 10. Exempt Property: y: The following property
subject to this Declaration shall be exempt
created herein; f
rom the assessments
(a) the "Common Areas"; (b) all properties
dedicated to and accepted by a local public authority; and (c)
'i all properties owred by a charitable or nonprofit organization
exempt from taxation by the laws of the State of Virginia.
However, no residence occupied as a
dwelling shall be exempt
from these assessments.
Section 11. Failure to Maintain
"Common Areas" In
the event that the Association, or its successors
maintain the shall fail to
"Common Areas" in reasonable order and condition,
i
I' the County of Frederick may i
y take such action as authorized by
the Frederick County Zoning Ordinance. The Frederick County
I
Zoning Ordinance is, by this reference, made a part hereof as
set out in full. if
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II A R T I C L E
USE, RESTRICTIONS AND COVENANTS
I I
This Subdivision shall be subject to I
the following
it restrictions which
are constituted covenants real to
run with ; the land:
�I
f 1• All Lots shall be used for single
family residential
purposes only. I
No garage nor
carport shall be
Permitted
on an
I he
exception of thoseolotstintwhich
a I
garage was in in the
basement
thereof at the time cf
construction of the
situate thereon, townhouse
2• No profession or home occupation
shall be
conducted in or on any
Part of a Lot;
provided, however,
that DECLARANT
reserves the right
to use one or mote of
said Lots
for business purposes in
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eat5�! Q368
connection with the development,
sales and operation of said
townhouse subdivision.
No signs or advertising of any
nature shall be erected or
maintained on any Lot except for
sale signs for said Lot not to
exceed five (5) square feet in
area, or signs used by a builder
to advertise the property during
construction and sale. NO "For
Rent" signs shall be allowed on
any Lot.
4. No exterior antennas, satellite
dishes or similar devise shall be
Permitted on any Lot.
5. No boats, mobile homes, motor
homes, campers, buses, trailers of
any type, tractors, trucks or
other motor vehicles (other than
automobiles, motorcycles, pickup
i trucks, and Z/4 ton (or less)
vans) shall be permitted on any
Lot except during the course of
construction. No motor vehicle or I material portion thereof which
does not have a current license
and current Virginia inspection
snicker shall be permitted on any
Ownership of each Lot shall
entitle the Owner thereof to the
I use of not more than two (2)
vehicular parkingspaces I
shall be as near andconvenient to
�I said Lot as reasonably possible, I
it together with
hright ingress
and egressuponsaidParkingArea.
The Association may take the necessary 1I
!' action to assign
parking spaces to individual lots,
6. No vehicles shall be parked in an
area other than the Parking Area
I designated on the attached plat,
or in the driveways to the I
aforesaid townhouses with garages
�i constructed in the basement
'! thereof.
�. No animals of any kind (including
livestock, poultry or birds) shall
be permitted on any Lot, except
that dogs, cats and other usual
household pets may be kept,
provided they are not kept, bred
13
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BK759IJ0369
or maintained for commercial or
Charitable purposes or in unusual
numbers; and further provided that
no dogs shall be permitted to run
at large or without restraint in
said Subdivision. No dog may be
tied and left unattended outdoors.
8. NO fence or hedge shall be
constructed or erected on any Lot
in said Subdivision.
9. No noxious or offensive activities
shall be carried on upon any Lot,
nor shall anything be done thereon
which may be or may become an
annoyance or nuisance to the
neighborhood.
10. In the event that a dwelling is
destroyed, the Owner of the
dwelling within from thirty (30) days
said destruction, shall clear
away the remaining portion of the
in a n
dwelling unit and maintain the Lot
eat and orderly condition.
No structure other than a
townhouse of at least the same
dimensions and architecture as unit destroyed shall be the
constructed .in the place of the
original unit.
11. Each Owner shall keep all Lots
owned by him and all improvements
therein or thereon in good order
and repair and free of debris,
including, but not limited to, the
seeding, watering, and mowin alg of
l lawns, the pruning and cutting
of all trees and shrubbery (in the
event that such duties are not
undertaken and performed by the
Association, as set forth
hereinabove), and the paint.LIIL
other appropriate external ca(or
re)
of all buildings and other
improvements, all in a manner and
with such frequency as is
consistent with good property
management. In the event an Owner
Of any Lot in Foxridge shall fail
to maintain the premises and the
improvements situated thereon as
provided herein, the Association,
after notice to the Owner as
provided in the By -Laws and
approval by two-thirds (2/3) vote
14
MMLT.
TMORTOR
•
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4"OPWIVS AT LAw
70 MDUTM KIM rr",rT
""W>tE:TtR. VWtGW A
AM01
370
by the Board of Directors, shall
have the right to enter upon said
Lot to correct drainage and to
repair, maintain and restore the
Lot and the exterior of the
&building erected thereon. All
cost related to such correction,
repair or restoration shall become
a special assessment upon such
' Lot.
12• The general rules of law regarding
party walls and liability for
property damages due to negligence
or willful acts or omissions shall
apply. The cost of reasonable
repair and maintenance of a party
ii wall shall be shared by the two I
(2) adjoining landowners, except I
to the extent the wall is not of
use to one of the Owners. If a I
�j party wall is destroyed or damaged
Iby fire or other casualty, any
Owner who has use of the wall may +
restore it and if the other Owncrs _ f
!
thereafter make use of the wall, I
i they shall contribute to the cost I
` of the restoration thereof in
proportion to such use without
prejudice, however, to the right
of any such Owners to call for a I
larger contribution from the !
others under any rule of law
regarding liability for negligence
or for willful acts or omissions.
I
Notwithstanding any other
provision of this Article, an
Owner by his negligence or willful
act causes a party wall to be I
exposed to the elements shall bear
the whole cost of furnishing the I necessary protection against such
! elements. The right of any Owner
Ito contribution from any other
Owner under this Article shall be
i
Iappurtenant to the land and shall pass to such Owl„>r's successor in title. I
I
13. No Lot shall be used or maintained
as a dumping ground for rubbish. I
Trash, garbage or other waste
shall be in sanitary containers.
All incinerators or other '
I equipment for the storage or
disposal of such material shall be I kept in a clean and sanitary
i
15
6KIS!'rr,037,
condition in the rear. No refuse
or any container for same shall be
Placed
or stored in front of any
tcwnhouse,
except on the date of
garbage pickup.
14. No trees shall be planted nor
other digging
undertaken without
first Cccuring the
approval of the
local power company and without
first
being advised as to the
location
of all underground
electrical and
telephone wires.
!j
15. NO exterior clothes line
i
or
hanging device shall be permitted
on
any Lot.
16. The color of the paint on the
exterior of every building on each
Lot shall be the
same as the
original color.
17. No building, structure, addition
nor exterior alteration (including
basketball
-
backboards, rims and
nets) or improvements of
any
character shall be constructed
upon any Lot or dwelling located
thereon,
except as exterior
Painting is permitted by the
prior
paragraph, unless the plan of
!I
construction, including quality of
workmanship,
design,
materials, h colors and
shall have been
approved in writing by the
Foxridge Homeowners
Association as
being in harmony with
the whole
subdivision,
especially the
adjoining townhouse
ii
unit.
If
!
18. If in the construction of any
dwelling by DECLARANT
!
there occurs
an encroachment, then
such
encroachment shall be deemed
a
perpetual easement for the benefit
Of the dominant
Lot.
I�
1
19. No Lot upon which a townhouse has
been
constructed shall bp further
subdivided
or separated into
smaller lots by any
i;
Owner and no
portion less than all of
such Lot,
nor any easement ur other interest
herein, shall
be conveyed or
transferred by
an Owner, provided
that this shall not prohibit
deeds
of correction, .feeds to resolve
KULLY.
16
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ATTTJIWIVI AT LAW
70WVT" Kew M14T
AJOCNUTZ1t.
Z2001
BK7S72
boundary disputes and similar
corrective instruments.
20. All of the covenants and
restrictions herein shall be
binding and remain in full force
and effect for a period of fifteen
(15) years from the date of this
instrument and shall be renewed
automatically for additional
successive ten (10) year periods
unless the Owners of a majority of
Lots in Foxridge Subdivision
shall, at least six (6) months
Prior to any such renewal date,
execute and record an agreement
amending said covenants and
restrictions.
21. The DECLARA;;T herein reserves and
shall have the right alone to
waive any one or more of the
restrictive covenants and
conditions contained herein as to
any Lot transferred by it except
that it cannot change the use of
any Lot from residential to
commercial. This waiver shall not
f' affect the binding effect of the
covenants and conditions upon any
other Lot. The DECLARANT further
reserves the right alone to impose
additional restrictive covenants
i and restrictions as to any Lot or
Lots owned by it at the time of
the imposition and such imposition
I shall not affect the binding
effect of these provisions upon
I any other Lots.
i
22. The invalidation of any one of the
Icovenants or restrictions
contained herein by judgment or
�I Court order shall in nowise affect
any of the other provisions which
shall remain in full force and
effect. The failure of the Lot
Owners or the DECLARANT herein to
enforce any covenants or
restrictions shall nut be deemed
to be a waiver of the right to do
so thereafter as to a default
occurring prior or subsequent
thereto.
auLT. I
TWMOCKUM " ;! 17
k
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ATTOM*t"ArLAW
70 SOUTw cnvT (TqR
—CHuT[w. V WQ..A
BK7S3 I 3
A R T I C L E V I I
EASEMENTS
Section 1. Sewer and Water Easements;
dedicated hereb The property
y is subject to that certain easement(s)
right(s) or
Of way designated
g Sewer Easement/Water Easement on ,aforesaid attached the
plat. The DECLARANT does hereby
convey unto the Frederick County Sanitation grant and
Authority a
perpetual right of way or easement over the aforesaid ri h way for the installation and maintenance of wg is of
water and sewer
lines and any related facility designated on the aforesaid plat
las Sewer/Water Easement.
II I
II Section 2. Public Access and Utilit I
IIproperty dedicated hereb Easements: The
y is subject to those certain. designated Public Access and Utility Easeeasements
� ments which are ten '
I�I(10) feet in width along I
g the front of the subject property as
shown on the aforesaid attached i ached plat. I
I
I' Section 3.
Surface Drainage
II � Easement• The property
dedicated hereby is subject to those certain easements or rights
Of way designated Drainage Easement and Detention Pond on the
j aforesaid Final Master Development Plan of Foxrid e
I p i
iI purpose of surface water drainage easement. No g for the
of
structures
substantially I! any kind whichI
impede or obstruct the flow or
Ponding of surface drainage water may be
Placed within said
surface water drainage easements designated on the
aforesaid '
Plat. Said surface water drainage
or modified without easements may ,i the Y not be altered
Frederick, and i
prior consent of the County of
the County the the
1; does hereby grant and convey
of Frederick a unto
perpetual over right of way or easement
the aforesaid designated surface drainage easements and
SCULLT. zj
ATOM Ij i
18 I aLAo
ATTOPt"EY7 AT IAw '
7O SOUTH RENT"REETVOWCII
N[fT R. VadNM '
2300,
I;
8K750)`6037is
detention pond for the purpose of so providing surface drainage.
DECLARANT doe.-, further agree that the County of Frederick shall
be under no obligation to maintain said surface drainage
easements, prcvided, however, that in the event the Association
fails to maintain caid surface drainage easements, then, and in
that event, the County of Frederick shall have the right to
maintain the samE and charge the Association pursuant to the
i�
provisions of ARTICLE V, Section 11, hereinabove.
!i DECLARANT, for a period of five (5) years from the
date of conveyance of the first Lot in Foxridge, reserves a
i blanket easement and right on, over and under the ground within
IIthat Subdivision to maintain and correct drainage of surface
water in or I der to maintain reasonable standards of health,
t
safety and appearance. Such right expressly includes the right
II to cut any trees, bushes or , an shrubbery, make
t y grading of the
ii soil or to take any other similar action reasonably necessary,
following which the DECLARANT shall restore the affected I
1;
property to its original condition as near as practical. The
itDECLARANT shall give reasonable notice of intent to take such
1
action to all affected Owners, unless in the opinion of the
DECLARANT an emergency exists which precludes such notice.
,I
I� Section 4. Reservations: The DECLARANT reserves unto
II itself, their successors or assigns, the right to erect,
!I maintain, operate and replace underground telephone and
electrical conduits, related equipment, and other facilities,
• i
sewer, gas, water, and television lines and related e
qjipment,
and other utility equipment where such utility lines and
�!
equipment are now located and along the strip ten (10) feet
it along the front of each Lot designated "Public Access and
i
SCULLY.
�MOOcrOwTb� '� 19
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it
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I
BK/5e�,;pa�s
J
Utility Easement" and over the "Common Areas", as needed,
Provided that such easement shall not interfere with the use and
enjoyment of the "Common Areas".
Section 5. Foxridge Lane-, The DECLARANT further grants
t
a right or right of way an give their consent to the ADDITIONAL
!DECLARANT to allow the ADDITIONAL DECLARANT the right to widen !
and improve Foxridge Lane and to alter said roadwayI
per the 1 that have been a plans
I
ipproved by Frederick County Planning Department
i( and which are of record in the Frederick County Planning I
�IDepartment. Said �
Purposed change is attached hereto and labeled
The
� Exhibit "A•. !
ADDITIONAL DECLAP-NNT is to pay for the said
ijroad improve, widening and altering. If necessary the DECLARANT I
Itheir successors and assigns, agree to join in an I
� -- y document to I
i assist the ADDITIONAL DECLARANT with the purposed change.
i
A R T I C L E V I I I
I
GENERAL PROVISIONS
Section I. Enforcement:
The Association, its i
successors or assi ns
g f or any Owner shall have the right to '
enforce, by any proceeding at law or in equity, all I
I restrictions, conditions, covenants, reservations
' liens and
+I charges, now, or hereafter, imposed by the provisions of this
Declaration. y
Failure b the Association, its successors or
I
assigns, or by any Owner to enforce any covenant or restriction I
herein contained shall in no event be deemed a waiver of the
right to do so thereafter. All costs which the Association, its I
isuccessors or assigns, or any Owner shall incur in the I
enforcement of the restrictions, conditions, covenants,
I
reservations, liens and charges, nor or hereafter imposed, shall
i
(� be borne by the party against which action is taken and which
i
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• I
•TT�[n wr uw i
A [.,Till .. ST1T[[T
a[oi I r
�I
BXi5c; ".:0376
costs shall include reasonable attorneys fees, costs, and
damages.
Section 2. Severa�ty:
— Invalidation of any one of
these covenants or restrictions by judgment or Court order shall
in no way affect any other provision which shall remain in full
force and effect. j
Section 3. Amendment"
The covenants and restrictions I Of this Declaration shall run with the land and bind the land,
and shall inure to the benefit of and be enforceable b
i
y the �
Association, or the Owner of any Lot subject to this
Declaration, their respective representatives, legal re g p heirs,
successors and assigns,
for a term of thirty (30) years from the
i date this Declaration is recorded, after which time
said
covenants shall be automatically extended for successive periods
Of ten (10) years. The covenants and restrictions of this
Declaration may be amended during the first thirty (30) year
l period by an instrument signed b not less than ninetyy
4 y r
(909) of the Lot Owners, and thereafter, percent i
II by an instrument signed
it by not less than seventy-five percent (75%) of the Lot Owners.
!+ Any amendment must be properly recorded.
Section 4. Dissolution:
--�_ Upon dissolution of the i
ij Association, other than incident to a merger or consolidation,I
the assets of the Association shall be dedicated to
an i
appropriate public agency to be used for purposes similar to
those for which the Association was created or for general
welfare of the residents of Foxridge. In the event that such !
dedication is refused acceptance, such assets shall be deemed
i
vested in the Members of the Association as tenants in common.
The Dedication and Subdivision, of the land as shown on
KAXL..
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i
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•
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8K75�1, ;037T
the attached plat is with the free consent and in accordance
with the desire of the undersigned DECLARANT, Proprietors,
Trustee and Beneficiary of the land being subdivided, and is in
conformity with the provisions of "The Virginia Land Subdivision
Act" as are applicable, together with the applicable ordinances
land regulations of the governing body of the County of
Frederick, Virginia.
The County of Frederick, Virginia, by the signature of
its agents on the attached plat, do accept the dedications to
public domain of the land and easements herein described as
such.
The designated "Common Areas" are not dedicated hereby I
Ifor use by the general public but are dedicated to the common
use and enjoyment of the homeowners in Foxridge as provided
hereinabove.
iI
WITNESS the followingsignatures and seals:
/�
IDONAL� A. RUSSO I
H. RUSSO�
I i
BE ' AMIN B L T ustee
IRST AMERICAN BANK OF VIRGINIA
RUSSON, a Virginia Partnership
I BY:
H. RUSS POTTS, general partner
1
BY:
DELBERT E. bZBEf�
partner JR., general
I
22
!I en759Pr, 0378
STATE OF VIRGINIA
CITY/ 7Z OF WINCHESTER
To -wit:
I' M• F. MCLau hlin
a Notary Public
in and for the aforesaid jurisdiction
DGNALD A. RUSSO, whose name is , do hereby certify that
signed to the foregoing document
bearing date of - 29th day of March
, 1991, has personally
appeared before me and acknowledged the same.
i;
Given under my hand this 12th day of April ,
II �
1991. i
My commission I expir a tember 0,
1e993
P it0ry • .. �
i
i STATE OF VIRGINIA
�I CITY/
SEE OF WINCHESTER
I To -wit:
I, M. F. McLaughlin
a Notary Public
i' in and for the aforesaid jurisdiction, do hereby certify that
I LINDA H. RUSSO, whose name is sig
ned to the foregoing document I
I�
bearing date of 29th day of March
- 1 1991, has personally
Ii appeared before me and acknowledged the same.
Given under my hand this 12th day of April
i 1991. ---'
My commission expir s Se to ber 30, 1993
Not y P liq•
aanly, ►� I
23
OLAAS
a „
ATTOIV'll rf Ai L111►
7050UTM SENT rMf fr II i
--a"MR. vas WMy
7aot
I� I
I I
BK759rr0319
STATE OF VIRGINIA
CITY/egg OF Winc'
nester To -wit:
I, M. F. hlcLau hlin
a Notary Public
in and for the aforesaid jurisdiction, do hereby certify that
BENJAMIN M. BUTLER, Trustee, whose name is signed to the
foregoing document bearing date of 29th day of March
has personall —�—' 1991'
Y a ppeared before me and acknowledged the same.
Given under my hand this 12th day of April
II 1991. '
+I My commission expir Se I
it mber 30
'
ota y Pu ic'
I
STATE OF VIRGINIA
CITY/COUNTY OF Frederick
To -wit:
1, Tant C. Estes
a Notary Public
in and for the aforesaid jurisdiction, do hereby certify that
it
�Andrev Hershey an duly authorized officer of FIRST
q AASERICAN HANK OF VIRGINIA, whose name is signed to the foregoing
I� document bearing date of 291h day of March
�_, 1991, has
I personally appeared before me and acknowledged the same,
I
Given under my hand this 29th day of March
1991. '
My commission expires May 31, 1993
Notary Pu4q
SMLr,
TMAocusWra" ' 24
Duos
AWUTW KEW Wmary
"W"am 1, V OG1"y
Z2W1
B�% i�: n3�p
STATE OF VIRGINIA
CITY/ZZ"Ty OF WINCHESTER
To -wit:
I, M• F. McLAUGHLIN
in and for the aforesaid a Notary Public
jurisdiction, do hereby certify that
DELBERT E. SIBERT,
JR., general partner in RUSSON, a Vi
Partnership, whose name is sir inia
I
±i g
signed to the foregoing document I
bearing date of 29
th day of March 199I �
—�� , has personally
l appeared before me and acknowledged the same.
�j Given under my hand this 12th day of April
'I 1991.
My commission expir s Sept mber 30
199 •. •f
f � No rY tic
I'i
I
I
(I I
�I
I j
fI I
I
I
II
I
i!
' I
�i
I
^Aoct.�ry,
• 25
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�\ n S yside -.747
850
6 ` VICINITY MAP ��� % �' • �.
' ��
r t .' t• • SCJILE•1'a2lxxY / � �._,. ' o..�i �� o71'•
FINAL PLAT
FOXRIDGE
GAINESBORO MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
APPROVED BY
FRED. CO. SANITATION AUTHORITY DATE
FRED. CO. PLANNING COMMISSION GATE "Z- z Z. s Z
FRED. CO. SUBDIVISION ADMINISTRATOR DATE
VA. DEPT. OF TRANSPORTATION-- DATE 3 �i
OWNER'S CERTIFICATE
The above and foregoing subdivision of the land of Donald A. Russo and Linda H. Russo,
as appears in the accompanying plat, Is with the consent and in accordance with the
desires of the undersigned owners, proprietors, and trustees, if any.
I
!� L -� A ntM v- c
All property owners in Foxridge are required to belong to the Foxridge Home Owners
Association. The Association is the owner of all areas shown as Parking Area and Open
Space on the attached plat and is responsible for the maintenance of those areas. All
property owners must pay an annual assessment to pay for this maintenance. This fee
and all other rules of the Association are set forth In the Restrictions and Covenants
attached hereto. A copy of the Final Master Development Plan for Foxridge is on file at
the Frederick County Department of Planning and bevelopment.
SURVEYOR'S CERTIFICATE
I hereby certify that the land contained in this subdivision is the same land
conveyed to Donald A. Russo and Linda H. Russo by deed dated 19 December 1990 and 21
December 1990, said deeds recorded in the Office of the Clerk of the Circuit Court of
Frederick County, Virginia In Deed Book 754 at Page 1126 and Deed Book 754 at PagO—,
1121 respectively.
j e<v
Douglas C. Legge, C.L.S.
�rt,J►LTN O�+�f
DOUGLAS C. LEGGE DATE: JANUARY 15, 1991 COVER SHEET
CERTIFICATE N11
O. ti
gilbert w. eliffor -& associates, inc. Sheet
0
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surveyors
uo c .�. OW. a.1.e V iv. 3W wan a— b.. 3
f.d.UUbmS, VY{Id. 2U41 (/07) eee,711! Wi—h--, Vheld. 22001 (M) 60721M
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un
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1• �,' • 0 U1YItY C7
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y
DOUGLAS C. LEGGE
CERTIFICATE NO. -'
s
0
LA N D
NOTES:
1. Minimum front setback requirement Is 20 feet.
2. All roadways within this development shall be maintained by
the Foxridge Home Owners Association.
3. Each lot Is subject to a 10' Public Access and Utility
Easement along the front property line and a 10' Open
Space/Ingress-Egress Easement along the rear property line.
Each end lot Is additionally subject to a 8' Open Space/Ingress
Egress Easement along the non-party wall side property line.
FOXRIDGE
DATE: JANUARY 15, 1991 1 SCALE: 1"=50'
gilbert w. cliffor associates, inc.
Bnslnears . Land Planners
Surveyors
1JOC oid. oa—mb o.h.
P. d.I.L► S. VraW. 22401 (707) ON-3111
Wo N..m C__ au-
Mb.b"-. VYaW. 22601 (lei) fa7-01W
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AREA SUMMARY_
Area in Lots 1.570 Acres
Area In Parking
Area in Open Space
Total Area Subdivided
No. of Lots
Average Lot Size
b 1 p.LT11 P
Ir DOUGLAS C. LEGGE^,
CERTIFICATE NO. y
LA N 0 5
0.963 Acres
1.367 Acres
3.900 Acres
28
2,443 Sq. Ft.
- O
T
a `pp S
00� I` !P T
`` pp T
KS
•
Sheet 2
586
NOTES:
1. Minimum front setback requirement Is 20 feet.
2. All roadways within this development shall be maintained by
the Foicrldge Home Owners Association.
3. Each lot Is subject to a 10' Public Access and Utility
Easement along the front property line and a 10' Open
Space/Ingress-Egress Easement along the rear property line.
Each end lot is additionally subject to a 8' Open Space/Ingress
Egress Easement along the non-party wall side property line.
FOXRIDGE
DATE: JANUARY 15, 1991
SCALE: 1 "_50'
gilbert w. cliffor associates, inc.
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EXHIBIT "A"
SITE PLAN PROPOSAL FUTURE PROPOSAL
SCALE: 1" 50' SCALE: 1" v 50'
JIRGINIA: FREDERICK COUNTY, SCT.
This instrument -off waiting was produced
to me on the
19 Q at l % %F ai d with certificate
of acknowledgment thereto annexed was
admitted to record.
CLERK
"�t'ByYm�
gilbert w. clifford & associates, inc
INCORPORATED 1972
Engineers — Land Planners — Water Quality
February 5, 2003 Board of Directors:
Patrick Davenport
President:
Thomas J. O'Toole, P.E.
Frederick County Planning
107 N. Kent Street /10Earl
Vice Presidents:
Charles E. Maddox, Jr., P.E.
R. Sutherland, P.E.
Winchester, VA 22601
Ronald A. Mislowsky, P.E.
David J. Saunders, P.E.
Directors:
RE: Foxe Towne Plaza
William L. Wright
Michael A Hammer
Thomas W. Price
Dear Patrick,
I've enclosed a plan for signage for the Foxe Towne Plaza Development. Our scenario would involve the
following:
1. Replace the existing 150 S.F. "KFC" franchise sign with a 150 S.F. sign which includes both the
KFC logo and directions to Arby's and Holiday Inn Express.
2. Provide one 150 S.F. "Arby's" franchise sign, on the Arby's site, along Route 522. This sign wold
contain the Arby's logo and directions to KFC and Holiday Inn.
3. Provide one 150 S.F. "Holiday Inn" franchise sign on the Holiday Inn site. No directional signage
would be provided.
4. A smaller, monument type sign may be provided on the office lot, once it develops. This would not
be a pedestal sign and would satisfy all the County requirements for signage in the 132 zone. This
future sign is not shown on the attached plan.
The attached plan does show the location of the three pedestal signs and a description of the signage which
includes the directional panels.
We believe this layout is superior to one which would include both franchise and directional signage on at least
three of the lots.
Please let me know if you have comments or suggestions which would enable the County to approve this plan.
Regards,
gilbert w. clifford & associates, inc.
ald �AM�slowsky, P.E., VP
cc: Eric Beately
117 East Piccadilly Street, Suite 200, Winchester, Virginia 22601
(540) 667-2139 Fax (540) 665-0493 e-mail gwcaramAearthlink.net
Member American Consulting Engineers Council
(V. D
FEB 6 2003
FF.EDERICK COUNTY
PUNNING & DEVELOPMENT
STATE OF VIRGINIA
CITY/e5gXTX OF WINCHESTER
To -wit:
1, M. F. MCLAUGHLIN
in and for the aforesaid a Notary public '
I
jurisdiction, do hereby certify
E. SIBERT that
DELBERT
I. , JR., general
Partner in RUSSON1
!+ Partnership, Virginia
who , a Virse name is signed to the foregoing document I g date of 29th day of March 1
I appeared before me and l 1991, has personally
;� acknowledged the same. !
I� Given under my hand this 12th day of A ril
'I 1991.
MY commission
expir s Sept mber 30 I
199 d� '
I
I. VP
No ary lice,
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COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/ 665-6395
July 30, 2002
Mr. Charles Maddox, P.E., VP
G. W. Clifford & Associates, Inc.
117 E. Piccadilly Street, Suite 200
Winchester, Virginia 22601
RE: Review Comments of Foxe Towne Plaza, Preliminary Master Development Plan
Property Identification Number (PIN) 42-A-195
Dear Chuck:
Thank you for giving me the opportunity to provide you with review comments for the preliminary Master
Development Plan (MDP) for Foxe Towne Plaza, dated July 15, 2002. I would suggest that you take all of the
following review comments into consideration prior to completing the application process:
Review Comments
Project Summary Section. Staff requests two changes to the "Project Summary Section" of the plan.
First, please state what the current and proposed use of the property is. The plan reviewed by staff states
that the proposed use of the property is the "proposed use". Second, please show what the required
setbacks and buffers are, similar to as shown below:
Setbacks:
Front (Fox Drive) 35
Left (Foxridge Land) 35 Category B Buffer (25' active + 25' inactive w/ full screen)
Right (Rt. 522 & Rt. 37) 50
Rear 0 Category B Buffer (25' active + 75' inactive w/ landsca;
screen)
2. Proposed Buffer & Screens. Please provide details of the proposed buffer & screens. Also, please note
that every effort should be made to preserve the existing vegetative screen along the southern property
line. Furthermore, it appears that the existing vegetative screen may need to be supplemented in order
to meet the requirements of a full screen, as defined in the Frederick County Zoning Ordinance.
3. Environmental Features. Please include sinkholes and natural stormwater retention areas in your
analysis of existing environmental features. The location of all environmental features should be shown
on the MDP.
4. Phases. Please provide information regarding the proposed order of development.
5. Legend Information. Please ensure that the legend features match what is shown on the plan. For
107 North Kent Street 9 Winchester, Virginia 22601-5000
Page 2
Foxe Towne Plaza MDP Preliminary Review
July 30, 2002
example, it appears that the project boundary line feature is not the same as drawn.
6. Proposed VDOT Right -of -Way. Please provide information as to when the eastern portion of Foxridge
Lane will be improved. Also, please add the word "VDOT" between the words "Proposed" and "Right -
of -Way."
7. Location of Existing Utilities. Please show where all existing utilities are located, including gas, water,
sewer, and electric; and show how the property will be served by all of these utilities.
8. Underground Utilities. Please provide a statement on the plan to the effect that all new utilities would
be located underground.
9. history of KFC Restaurant. Please reference the Planning Commission review,date (7/l/98), site plan
reference number (#32-98), and site plan approval date for the KFC Restaurant (7/10/98).
10. TPD. Please reference the source of information used to calculate the TPD (Trips Per Day), which are
shown on the plan.
11. Typical Road Section. Please provide details for the proposed improvements to the highlighted portion
of Foxridge Lane (Typical Road Section). With these details, please provide a statement to the effect
that the road will be built to VDOT standards, and state if the road will be built to urban road design
standards.
12. Adjoining Property Information On Application. There appears to be errors in the adjoining property
owner information provided on the application. The adjoining lot information should be as follows:
North = 42-A-194 (Residential) & Route 37 & Route 522 & 42-5-C2 (Former Restaurant and Church);
West= 42-A-195A (Residential); East = 42-4-A (No Use) & 42-A-196 (Sheetz); and South = Fox Ridge
Subdivision & 53-A-42A (Residential).
Please address the above comments and those provided to you from the review agencies. In order to continue
the review of this Master Development Plan, you will need to submit the complete MDP application, which
includes review agency comments and review fee, to this department. Once this information is received, staff
will schedule the application for review by the Planning Commission. The review fee will be $1,525.96
[$1,300/base + $225.96 (5.649 acres @ $40 per acre)]. Review Comments should be provided from the following
agencies: Frederick County Fire 1Vlarshal, Frederick County Department of Public Works, Frederick County
Sanitation Authority, Virginia Department of Transportation, the Frederick County Inspections Department, and
the Frederick County Airport Authority.
Please do not hesitate to contact me with questions regarding this application.
Sincerely,
Jeremy F. Camp - Planner II
JFC/ch
U.•UeremyMaster Development PlansWoxe Towne PlazalPrelin:inaryReviewofFTP.wpd
6 o FILE COPY
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/ 665-6395
January 29, 2003
Mr. Charles Maddox, P.E., VP
G. W. Clifford & Associates, Inc.
117 E. Piccadilly Street, Suite 200
Winchester, Virginia 22601
RE: Administrative Approval of Master Development Plan (MDP) #05-02, Foxe Towne Plaza
Property Identification Number (PIN) 42-A-195
Dear Chuck:
Frederick County administratively approved the above -referenced master development plan on January
28, 2003. I have attached four copies of the approved MDP with this letter. Please forward these copies
to the property owner(s) or other appropriate representative(s).
The master plan is approved for the development of approximately 4.5 acres of commercial property
within the Stonewall Magisterial District. The property is located behind the existing KFC restaurant in
the Sunnyside area. The concerns identified by the Frederick County Planning Commission and the
Board of Supervisors during their review have been adequately addressed in the master development plan.
This includes upgrading a portion of Fox Ridge Lane to the standards of the Virginia Department of
Transportation (VDOT) and improving the lane markings on the existing access easement on the Sheetz
Store property.
Do not hesitate to call me if you have any questions or concerns.
Sincerely,
Jeremy F. Camp - Planner II
J FC/
Attachments
cc: Lynda J. Tyler, Stonewall District Supervisor
✓Jane Anderson, Real Estate
V Patrick Barker, Economic Development
vJ hn Light, Stonewall Planning Commissioner
oe Wi(der, �h incer�
em: ✓Charles S. DeHaven, Jr., Stonewall Planning Commissioner
U:'Jerenry Aluster Developmenl PlanslFoxe Towne PluzwOpprovulLetter_A11DP405-02.irpd
107 North Kent Street • Winchester, Virginia 22601-5000
i
January 21, 2003
•
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/ 665-6395
Mr Charles Maddox. P.E.. VP F 111 COPI
G. W. Clifford & Associates, Inc.
1 17 E. Piccadilly Street, Suite 200
Winchester, Virginia 22601
RE: Review Comments for Foxe Towne Plaza Master Development Plan
Property Identification Number (PIN) 42-A-195
Dear Chuck:
Staff has reviewed the final master development plan for Foxe Towne Plaza, submitted to the Department of
Planning and Development on January 8, 2003. Each comment shown below needs to be adequately addressed
prior to final administrative approval.
Review Comments:
].) Spelling Errors. Please correct the spelling ofthe words "manual" and "category." "Manuel" is located
in the Trip Generation Note section and "Catagory" is located in the Setbacks section.
Parking Spaces. Please remove the parking spaces from the master development plan. The approval of
proposed parking spaces is a site plan activity.
;1) Road Name. A road name for the proposed inter -parcel access road is "required" if more than three
addresses will be utilizing the road. A road name may also be "requested" if there are three or less
addresses. Please contact the Frederick County Department of GIS, if you have any questions regarding
this matter.
4) Signatures. Please provide the engineer's signature and the owner's signature on the final master
development plan.
Once you have prepared a revised master development plan, which addresses these issues, please provide staffwith
i copy for review. At least five copies of the final master development plan are needed for approval. Feel free to
�,,ontact me if you have any questions or concerns.
Sincerely,
Jeremy F. Camp -Planner II
JFC/sce
U.VeremyWasler Development PlanslFoxe Towne PlazalFinalmDPReviewComments.wpd
107 North Kent Street • Winchester, Virginia 22601-5000
October 4, 2002
4:05 PM
I spoke with Ben Butler about the Fox Towne Plaza site in Sunnyside. Ben has informed me that
they intend to subdivide the site into 4 parcels. The MDP was approved by the Board of
Supervisors on September 25, 2002 enabling the 4 uses on a single property; state road frontage
has not been provided to enable the subdivision.
Therefore, the MDP will need to be amended to gain the Board's approval regarding an extension
of a state road (Foxridge Lane) onto the site, so that all four lots have state road frontage. Staff
would require a new VDOT comment. Once VDOT comment is obtained, it would take about 6
weeks to get through public meeting process.
- Eric Lawrence .
Ben Butler 662-3486
Joe Allen Site
Fox Towne Plaza
0• 0• M FUMPY
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/ 665-6395
October 1, 2002
Mr. Charles Maddox, Jr.
G. W. Clifford & Associates, Inc.
117 N. Piccadilly Street, Suite 200
Winchester, VA 22601
RE: MASTER DEVELOPMENT PLAN #05-02 OF FOXE TOWNE PLAZA
Dear Chuck:
The Frederick County Board of Supervisors approved the above -referenced Preliminary Master
Development Plan on September 25, 2002, for the development of 5.649 acres of commercial land uses
The Board of Supervisors granted administrative approval for the Master Development Plan which
accommodates four uses (two restaurants, one hotel, one office use) with a primary entrance onto
Foxridge Lane. Secondary access is via an access easement across Sheetz's property.
Your firm will need to submit a Final Master Development Plan for this project which addresses all
review agency comments, as well as all comments of the Planning Commission and Board of
Supervisors. Our department will provide your firm with administratively approved copies of this plan
once these issues have been addressed.
If you have any questions regarding the approval of this master plan or requirements needed for
submission of your Final Master Development Plan, please do not hesitate to call me
Sincerely,
Jeremy F. Camp
Planner II
JFC\ch
cc: Lynda J. Tyler, Stonewall District Supervisor
John H. Light, Stonewall District Planning Commissioner
Jane Anderson, Real Estate
em: Charles S. Dehaven Jr., Stonewall District Planning Commissioner
O \Agendas\Approval ItrsVADF1skFoxe Towne Plaia.wpd
107 North Kent Street • Winchester, Virginia 22601-5000
Foxe-fow/7e. Plazq- ?4 b
COUNTY of FREDERICK
I
Department of Planning and Development
540/ 665-5651
w
FAX: 540/ 665-6395
MEMORANDUM
TO: Lawrence R. Ambrogi, County Commonwealth's Attorney
FROM: Eric R. Lawrence, Planning Director
RE: Foxridge Lane; Foxe Towne Plaza Master Development Plan
DATE: September 10, 2002
As a follow-up to our discussion on Monday, September 9, 2002, in the County Administrator's
office, I am providing you with the attached copy ofthe recorded Deed ofDedication and Subdivision
Plats establishing the Foxridge Townhome development.
The Foxridge townhome project was approved by the County in 1991. As evidenced in the deed, a
300-foot portion of the proposed Foxridge Lane, measured from its intersection with Fox Drive, was
dedicated "to the public for ingress and egress." It was your opinion during our meeting that this
300-foot portion of Foxridge Lane was, therefore, intended to be a public road and may be a County -
owned road.
The Board of Supervisors will be reviewing the Foxe Towne Plaza Master Development Plan (MDP)
during their September 25, 2002 meeting. Staff believes that public access to this MDP should be
provided via Foxridge Lane. Additionally, if the 300-foot portion of Foxridge Lane is a County -
owned road, it would be prudent for the developer of the MDP to be responsible for all improvements
necessary to facilitate a transfer of Foxridge Lane to the Commonwealth of Virginia for placement
in the State's Secondary Road System.
Staff requests that you confirm that the 300-foot portion is indeed a County -owned road prior to the
Board of Supervisors meeting; the attached information might assist you in your decision. This
clarification is sought in preparation of anticipated questions which might be raised during the
Board's meeting.
Please contact me with questions regarding this project. Thank you.
ERL/rsa
Attachment
cc: John R. Riley, Jr., County Administrator
U:\Eric\Conunon\Detenninations\Foxridge Lane.wpd
107 North Kent Street - Winchester, Virginia 22601-5000
;540 984 5607
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THIS DEED OF DEDICATION, made and dated this 29 day
of Ii1A(ZC N 1991, by and between DONALD A. RUSSO and LINDA H.
I�RUSSO, parties of the first part, hereinafter called the
�IDECLARANT, whether one or more, and COUNTY OF FREDERICK,VIRGINIA,
j party of the second part, and BENJAMIN M. BUTLER, Trustee, party
f�
'to£ the third part, and FIRST AMERICAN BANK OF VIRGINIA,
IlBeneficiary, party of the fourth part, and RUSSON, a Virginia
Partnership, party of the fifth part, hereinafter called
ADDITIONAL DECLARANT.
WHEREAS, the DECLARANT is the owner in fee simple of
the real estate shown on the attached plat drawn by Douglas C.
Legge, C.L.S., dated January 15, 1991, known as Foxridge, which
property is further described on the Final Master Development
Plan of Foxridge as f�' ed in the Office of the Frederick County
Department of Planning and Development. This is a portion of
the real estate conveyed to the 'DECLARANT by two (2) deeds, the
first dated December 21, 1990, from Earl S. Bailey, Jr., et ux
of record in the Office of the Clerk of the Circuit Court of
Frederick County, Virginia, in Deed Book 754, at Page 1121, and
the second dated December 19, 1990, from Michael D. Carpenter,
et ux, of record in the aforesaid Clerk's Office in Deed Book
754, at Page 1126; and,
WHEREAS, the property is subject to a Deed of Trust,
dated December 21, 1990, of record in the aforesaid Clerk's
I
Office in Deed Book 754, at Page 1133, to secure First American
Bank of Virginia, a certain indebtedness described therein; and,
WHEREAS, said real estate, as shown on the aforesaid
i
attached plat, has been subdivided into lots for the
construction of townhouses thereon, and the attached plat shows
accurately the metes and bounds of the subdivided land, together
I
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(� eK759rc0357
IIwith the dimensions of each lot thereof and also shows certain
surrounding lands in said Subdivision to be used as common open j
space, parking areas, drainage easement, buffer protection
Ieasement, water and sewer easement, and utilty__easement and
public _access_.easement to said lots, all of which shall
constitute a portion of that development known as Foxridge and
I
which common open space and parking areas shall be.owned�and j
maintaine d_by_.the Foxridge_ Homeowners -Association upon the terms
and conditions set forth hereinafter; and,
WHEREAS, the DECLARANT now desires to subdivide the
jlsame into lots to be known as Foxridge. 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, Trustee and Beneficiary, and the
parties hereto further desire to subdivide the aforesaid real
estate in accordance with the provisions of "The Virginia Land
Subdivision Act" as are applicable and in force and effect as of
I
IJ the date of execution of this Lied of Dedication; and,
ij WHEREAS, The ADDITIONAL DECLARANT, Russon, a Virginia
I
i Partnership is the owner of a tract or parcel of land containing
5.42 acres, and described as Parcel A in that certain deed of
conveyance from RENRAX, a Virginia Partnership, dated April 8,
1988 to Russon and of record in the Office of the Clerk of the '
Circuit Court of Frederick County, Virginia, in Deed Book 677, atl
Page 263; and,
WHEREAS, by a previous agreement Russon agreed to dedicate a�
I
portion of the 5.42 acre parcel as an entrance way for the
proposed Foxridge Land for public access for ingress and
i
egress.
I
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I NOW, THEREFORE, THIS DEED OF DEDICATION WITNESSETH.,
i That for and in consideration of the premises and the benefits
Ilwhich will accrue by reason.of this Dedication, the DECLARANT
!does hereby subdivide, grant and dedicate in fee simple all of
fthat certain tract or parcel of land designated as Foxridge
lying and being situate in Gainesborc Magisterial District,
I
Frederick County, Virginia, and being more particularly
described by the aforesaid plat of Douglas C. Legge, C.L.S.,
dated January 15, 1991, attached hereto and made a part hereof
and by this reference incorporated herein as if set out in full,
and which plat is drawn in conformity with the final master
development plan for Fexridge on file in the office of the
Frederick County Department of Planning and Development. This
1 is the same real estate conveyed to Donald A. Russo and Linda H.
11Russo, said deeds of record in the aforesaid Clerk's Office in
IDeed Book 754, at Page 2121, and Deed Book 754, at Page 1126.
For and in consideration of the premises and the benefits
which will accrue by reason of this dedication the ADDITIONAL
DECLARANT does hereby grant and dedicate in fee simple all that
certain tract or parcel of land that is depicted by dashed lines
on that certain plat and survey of Douglas C. Legge, C.L.S.,
dated December 27, 1990 and attached to that certain Right of Way
Agreement and Agreement to Dedicate dated January 16, 1991 and
recorded in aforementioned Clerk's Office in Deed Book 757, at
Page 1762 by this reference made a part hereof as if set out in
full. Said dedicatiion of land is for the purpose of an entrance
for Foxridge Lane on Fox Drive also known as Virginia Secondary
to 739.
Both the DECLARANT and ADDITIONAL DECLARANT herein further
3
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9- 6-02; 2:38PM; ;540 984 5607
Jul 25 02 11:29a g. clifford & assoc. 540-665-0493
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en759rcp359
dedicate the entrance of FOXrid ! qe Lane off of Fox Drive and the
+ first three hundred (3001) feet of Foxridge Lane from Fox Drive
it to the public for ingress and egress.
I All of the lots shown on the
' plat attached hereto
ji shall be subject to the following restrictions and covenants and i
Articles which are covenants running with the 1,.,nd, and shalll be I
binding upon all parties having any right, title and interest in j
and to the aforesaid lots or any part thereof, their heirs, r
Isuccessors and assigns, and shall inure to the benefit of each r
'
Owner thereof.
A R T I C L E I
DEFINITIONS !
II Section I. "Association" shall mean and refer to II
I. Foxridge Homeowners Association, Inc., a non stock Virginia
Corporation, its successors and assigns.
I� Section 2.
"Common Areas" shall mean and refer to
I� that certain real property hereinabove described as common en
Pace and o
ap
parking areas, and such additions thereto as may
hereafter be brought within the jurisdiction of the Corporation.
Section 3. "Lot" shall mean and refer to any of the
lots designated upon the plat of Foxridge with the exception of
the common areas space and parking areas. II!
f
Section 4. "Member" shall mean and refer to every I
person or entity who holds membership in the Association.
Section 5. "Owner" shall mean and refer to the record r
r
Owner, whether one or more persons or entities, of a fee simple +
I
title to any Lot which is a part of the Foxridge as shown on the
attached plat, including contract sellers, but excluding those
laving such interest merely as security for the performance of I
I
I
4
1
I
erTI, , .UJ6�
I an obligation.
IISection 6.
"DECLARANT" shall mean and refer to Donald
•! H. Russo and Linda H. Russo, their successors and assigns.
I
Section 7. "ADDITIONAL DECLARANT" shall mean and
reference to RUSSON, it's Successors and assigns.
A R T I C L E I I i
MEMBERSHIP
I
Every person or entity who is a record Owner of a fee
i�
i or undivided fee interest in any Lot which is subject by
f
Icovenants of record to assessments by the Association, including �
II contract sellers, shall be a member of the Association. The I
foregoing is not intended to include persons or entities who
�I
I hold an interest merely as security for the performance of an I I
obligation. Only one membership shall be accorded per Lot.
Membership shall be appurtenant to and may not be separated from
I
Iownership of any Lot which is subject to assessment by the
I I
Ii Association. Ownership of such Lot shall be the sole I
I qualification for membership.
I� A R T I C L E I
VOTING RIGHTS !
IEach Member of the Association shall have one vote for
i each lot owned in which said Member shall hold the interest
!I required for membership in Article II. When more than one I
I
person holds such interest in any Lot, all such persons shall be
i
Members. The vote for such Lot shall be exercised as they among
themselves determine, but in no event shall more than one vote
be cast with respect to any Lot.
BOARD OF DIRECTORS
The affairs of the Association shall be managed by a
I�
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fl Board of not less than three (3), but „c
m^rP than nine (9)
directors, who must be members of the Association. The initial
Board of Directors shall be appointed by the Association and
serve until the first annual meeting following
first Lot in Foxrid e; conveyance of the
9 thereafter, the Board of Directors shall
i be elected by the Membership as determined in the By -Laws of the
Association.
TREASURER
The Treasurer of the Association shall be bonded, with
the expense of such a fidelity bond for said officer to be borne
—ouiation.
Ii A R T I C L E I V
I PROPERTY RIGHTS IN COMMON PROPERTIES
II Section 1. Members' Easements of En'o ment:
Every
IIMember shall have a right and easement of enjoyment in and to
the "Common Areas"
specifically including but not limited to
the rights of ingress and egress across the aforesaid "Common
IIAreas" and such easement shall be appurtenant to and shall pass
I with the title to eve
ry assessed Lot, subject to the following
provisions:
(a) The rights of the Association, in
accordance with its Articles and
By -Laws, to borrow money for the
purpose of improving the aforesaid
d in aid
eof
toommon ortgageasaid nproperty andthe11 rights of such mortgagee in said
I' "Common Areas" shall be
I� subordinate to the rights of the
I� Homeowners hereunder.
I
(b) The rights of the Association to
isuspend the voting rights and the
right to the use of the "Common
Areas" by a Member for any period
I wring which any assessment
i against his Lot remains unpaid;
and for a period not to exceed
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BK759`r0362
thirty (30) days for any
infraction of its published rules
'i and re
�! gulations.
(c) The rights of the Association to
dedicate or transfer all or part
Of the "Common Areas" to any
Public agency, authority, or
utility for such purposes and
subject to such conditions as may
be agreed to by the Members. No
such dedication or transfer shall
be effective unless an instrument
signed by Members entitled to cast
two-thirds (2/3) of the votes has
been recorded agreeing to such
dedication or transfer, and unless
written notice of the
action is Proposed
less than twenty-five ever(25)mdaysnot
l nor more than fifty (50) days in
advance.
I � i
I� Section 2. Delegation of Use: I
Any Member may I
it delegate, in accordance with the By -Laws, his right ofenjoymentI� to the "Common Areasto
I' " the members of his family, his tenants, I
' or contract
Purchasers who reside on the property,
II Section 3, I „
Areas
Title to the Common � ": The
DECLARANT hereby covenants for their heirs and assigns, that
Donald Russo and Linda Russo will convey fee simple title to the
I
common open space and parking areas, (referred to hereinabove as
I the "Common Areas") to the Association, immediately after fifty
r;
(501) percent of the lots are sold.
I)
I'
A R T I C L E V
COVENANTS FOR MAINTENANCE ASSESSMENTS FOR THE ASSOCIATION
Section 1. Assessments: sm�: The DECLARANT, for each Lot
owned, hereby covenants, and each Owner of any Lot by acceptance
Ii i
of a deed therefor, whether or not it shall be so expressed in
I
any such deed or other conveyance, is deemed to covenant and
�i
agree to pay y to the Association (1) annual assessments or
charges, and (2) special assessments for capital improvements,
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such assessments to be fixed,
established, and collected from
time to time
as hereinafter provided. The
annual assessments
and special assessments, together
with such interest thereon and
costs of collection
thereof, as hereinafter
provided, shall be
,charge on the land and shall
a
be a continuing lien upon the
property against which
each such interest, costs and reasonable
!attorneys fee,
! also be
shall the personal obligation
iI
of the
person who was the Owner of
such Property P y at the time when the
ilassessment fee
!
was due
! , TIc personal obligation shall
to his
i
'
not pass
successors in title unless
j
expressly assumed by them.
Section 2.
Purpose of Assessments:
ijlevied b The assessments
y the
! Association shall be
used exclusivel
following Y for the
I
purposes, to -wit: Improvements
I and
"Common
,
maintenance of the
Areas", specifically
ecif
�
I Y including, but not limited to,
�IPayment of
�
real estate taxes, repairs,
snow removal, storm
drainage repair,
!
maintenance Of street lights
and payment of all
,•' utility charges therefor
and service and facilities devoted to
the aforesaid
purposes a:d related to the
use of and enjoyment
;'Of the "Common Areas-; for
the maintenance of shrubbery and
'dawns, including
the mowing of all lawns of all lots in
�IFoxridge,
for streets
I , parking area maintenance
and storm water
detention facility maintenance;
I
and further, for the
li
promotin 9 purpose of
the recreation, health,
safety and welfare of the
(jresidents of the "Common
Areas" of Foxridge.
Section 3. Basis nd Maximum of Annual
Until Januar Assessments:
y 1 of the
10f
year immediately following the conveyance!
the
first Lot to a n O•,ner, the I
maximum
shall be annual assessment
Two Hundred
Dollars ($200.00)
per year Lot;
(a) From
and after Januaryper
year immediate) 1 of the
y following the
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conveyance of the first Lot to an
Caner, the maximum annual
rl�6essment per Lot may be
increased above that set forth
hereinabove by a vote of the
Members for the next succeeding
year and at the end of each year's
period, for each succeeding period
Of one (1) year, provided that any
such change shall have the assent
of two-thirds (2/3) of the votes
Of Members who are votiylg in
Person or by proxy, at a weeting
duly called for this purpcse,
written notice of F,hich sha'_1 be
sent to all Members not _'ess than
thirty (30) days nor more than
sixty (60) days in advance Qf the
meeting. The limitations hereof
s�-all not apply to any change in
the maximum and basis of the
assessments undertaken as an
incident to a merger or
consolidation ir, which the
Association is authorized to
participate under its Articles of
Incorporation.
j (b) After consideration 'Jf current
maintenance costs and future needs
Of the Association, the Board of
I� Directors may fix the annual
I+ assessments at an amount not in
excess of the maximum.
jl Section 4. Special Assessments for Ca ital
Improvements: In addition to the annual assessments authorized
ed
the Association may levy in any assessment
I� assessment a year a special ,
pplicable to that year only, for the
defra in purpose of
gi
Y ,
in whole o
reconstruction, r in part, the cost of any construction or
I unexpected repair or replacement of a
capital improvement upon the "Commdescribed
on Areas"
including the
necessary fixtures and personal property related thereto,
'i rovided that any such assessment shall have the
assent of two-
thirds (2/3) of the votes oY Members who are voting is
I
by proxy at a meetin Person or
g duly called for this purpose, written
notice of which shall be sent to all ^members not less than
•n1LY.
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thirty (30) days nor more than sixty (60) days in advance of the
meeting, setting forth the purpose of the meeting.
Section 5. Uniform Rate of Assessment:
'and special assessments must be fixed at a uniformBoth annual
rate for all
Lots and may be collected on a monthly basis.
Section 6. Quorum for any Action Author'
ItY Under
At th
Sections 3 and 4: e first meeting called
;Sections 3 and 4 hereof, as Provided in
, the presence at the meeting of Members
or of proxies entitled to cast sixty-seven
I
Percent (67$) of all
quorum. votes shall constitute a q If the r`
forthcoming at an quirad quorum is not
Y meeting, another meeting ma;, be called,
subject to the notice requirement set forth in Sections 3 and 4
i I
land the required quorum at any sucl, subsequent meeting shall be I
one-half (112) of the required quorum at the
preceding meeting. � :i No such subsequent meeting shall be held more than sixt
I
days followin g the Y (60)
preceding meeting.
I�
Section 7. Date of Commencement of Annual
�- e annual ass
�IAssessments: DUE DATE: Th
essments
i1herein shall commence as to all Lots on the first da for
!' month followingY off the
the conveyance of the first Lot to an Owner. I
t The first annual assessment shall be adjusted according to the
jinumber of months remaining in the calendar
Year. The Board of
' Directors shall fix the amount of the annual assessment against � each Lot at least thirty�
(30) days in advance of each annual
assessment period. Written notice of the annual assessment
shall be sent to every Owner e
sub ct thereto.
� The due dates
'shall be established by the Board of IDirectors.
isha';, upon demand at an The Association
y time, furnish a certificate in writing
(signed by an officer of the Association setting forth whether
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the assessments on a specified Lot have been
charge ma paid.
A reasonable
y be made by the Board for the issuance of these
certificates. Such certificates shall be conclusive evidence of
payment of any assessment therein stated to have been paid. Said
assessment shall not apply to any unsold lot retained by the
!DECLARANT if DECLARANT has said lots for sale.
Section 8. Effect of Non -Payment of Assessments:
I('IRemedies of the Association:
Any assessments which are not when due shall be delinquent. Paid
I If the assessments which is not
paid within thirty (30) days after the due date I
I
shall bear interest from the date of delir. uency at ' e assessment i
�Itwelve percent (128 ) Per aq the rate of
nnum, and the Association may bring an I
"isame,
action at law against the OS,rner personally obligated to pay the
or foreclose the lien against the
costs and reasonable attorne Property, and interest, I
y's fees on any such action shall be
'added to the amount of such assessment. No Owner may waive or
!otherwise escape liability for the assessments provided for
�iherein by non-use of the "Common Areas" or abandonm
iLot. ent of his
;I
ISecti,)n 9. Subordination of the Lien to Mort ages -
The lien of the assessments provided for herein shall be
I
subordinated to the lien of any mortgage or mortgages now or I
b
hereafter encumerin an '
I g y Lot. Sale or transfer of any Lot
shall not affect the assessment lien. However, the sale or f
i
transfer of any Lot which is subject to an I
y mortgage, pursuant
I to a decree of foreclosure thereof, shall extinguish the lien of
i
I such assessments as to payments thereof which become due prior
I I
j'to such sale or transfer. ;
No sale or transfers shall relieve
!i such Lot from liability for any assessments thereafter becoming j
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due from the ?ien thereof.
Section 10. Exempt Property:
The following property
subject to this Declaration shall be exempt from the assessments
created herein; (a) the "Common Areas"; (b) all properties
dedicated to and accepted by a local public authority; and (c)
all properties owred by a charitable or nonprofit organizati exempt from taxation by the lon
laws of the State However, of Virginia.
no Of
n Occupied as a dwelling g shall be exempt
from these assessments.
Section 11. Failure to Maintain
the event that the Association, "Common Areas": In
or its successors, shall fail to
maintain the "Common Areas
in reasonable order and condition,
I' the County of Frederick may i
y take such action as authorized by
the Frederick County Zoning Ordinance. The Frederick County
Zoning Ordinance is, by this reference, made a part hereof as
set out in full. if
IIA R T I C L E V I
USE, RESTRICTIONS AND COVENANTS
I' This Subdivision shall be subject to the II following restrictions which are constituted covenants re
al to run with
I. the land:
I�
1. All Lots shall be used for single
family residential purposes only.
No garage nor carport shall be
the
permitted on any Lot with
I exception of those lots in which a
garage was constructed in the
basement theat the time of
construction of the townhouse
situate thereon.
2. No profession or home occupation
shall be conducted in or on any
part of a Lot; provided, however,
that DECLARANT reserves the right
to use one or more of said Lots
for business purposes in
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connection with the development,
sales and operation of said
townhouse subdivision.
3. No signs or advertising of any
nature shall be erected or
maintained on any Lot except for
sale signs for said Lot not to
exceed five (5) square feet in
area, or signs used by a builder
to advertise the property during
construction and sale. No "For
Rent" signs shall be allowed on
any Lot.
4. No exterior antennas, satellite
dishes or similar devise shall be
permitted on any Lot.
5. No boats, mobile homes, motor
homes, campers, buses, trailers of
any type, tractors, trucks or
other motor vehicles (other than
automobiles, motorcycles, pickup
trucks, and 3/4 ton (or less)
vans) shall be permitted on any
Lot except during the course of
construction. No motor vehicle or I material portion thereof which
does not have a current license
II and current Virginia inspection I
sticker shall be permitted on any
Lot. Ownership of each Lot shall
i entitle the Owner thereof to the i
use of not more than two (2)
vehicular parking spaces which
�! shall be as near and convenient to I
jl said Lot as reasonably possible,
together with the right of ingress f t�I and egress upon said Parking Area.
I� The Association may take the necessary i
action to assign parking spaces to
individual lots.
6. No vehicles shall be parked in an
it area other than the Parking Area
I?
designated on the attached plat,
or in the driveways to the
aforesaid townhouses with garages
li constructed in the basement
'! thereof.
�. No animals of any kind (including
livestock, poultry or birds) shall
be permitted on any Lot, except
that dogs, cats and other usual
household pets may be kept,
provided they are not kept, bred
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or maintained for commercial or
charitable purposes or in unusual
numbers; and further provided that
no dogs shall be permitted to run
at large or without restraint in
said Subdivision. No dog may be
tied and left unattended outdoors.
8• No fence or hedge shall be
constructed or erected on any Lot
in said Subdivision.
9• No noxious or offensive activities
shall be carried on upon any Lot,
nor shall anything be done thereon
which may be or may become an
annoyance or nuisance to the
neighborhood.
10. In the event that a dwelling is
destroyed, the Owner of the
dwelling within thirty (30) days
from said destruction, shall clear
away the remaining portion of dwelling unithe
t and maintain the Lot
in a neat and orderly condition.
No structure other than a
townhouse of at least the same
dimensions and architecture as the
unit destroyed shall be
constructed In the place of the
original unit.
11. Each Owner shall keep all Lots
owned by him and all improvements
therein or thereon in good order
and repair and free of debris,
including, but not limited to, the
seeding, watering, and mowing of
all lawns, the pruning and cutting
of all trees and shrubbery (in the
event that such duties are not
undertaken and performed by the
Association, as set forth
hereinabove), and the paint.L11k, (or
other appropriate external care)
Of all buildings and other
improvements, all in a manner and
with such frequency as is
consistent with good property
management. In the event an Owner
of any Lot in Foxridge shall fail
to maintain the premises and the
improvements situated thereon as
provided herein, the Association,
after notice to the Owner as
Provided in the By -Laws and
approval by two-thirds (213) vote
14
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by the Board of Directors, shall
have the right to enter upon said
Lot to correct drainage and to
repair, maintain and restore the
Lot and the exterior of the
&building erected thereon. All
cost related to such correction,
repair or restoration shall become
a special assessment upon such
Lot.
12• The general rules of law regarding
party walls and liability for
property damages due to negligence
or willful acts or omissions shall
apply. The cost of reasonable
repair and maintenance of a party
wall shall be shared by the two
(2) adjoining landowners, except
to the extent the wall is not of
use to one of the Owners. if a
party wall is destroyed or damaged
by fire or other casualty, any
Owner who has use of the wall may
restore it and if the other Owners
thereafter make use of the wall,
they shall contribute to the cost
Of the restoration thereof in
proportion to such use without
prejudice, however, to the right
of any such Owners to call for a
larger contribution from the
others under any rule of law
regarding liability for negligence
or for willful acts or omissions.
Notwithstanding any other
provision of this Article, an
Owner by his negligence or willful
act causes a party wall to be
exposed to the elements shall bear
the whole cost of furnishing the
necessary protection against such
elements. The right of any Owner
to contribution from any other
Owner under this Article shall be
appurtenant to the land and shall
pass to such Owl,_r's successor in
title.
13. No Lot shall be used or maintained
as a dumping ground for rubbish.
Trash, garbage or other waste
shall be in sanitary containers.
All incinerators or other
equipment for the storage or
disposal of such material shall be
kept in a clean and sanitary
15
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condition in the rear. No refuse
Or any container for same shall be
Placed or stored in front of any
tcwnhouse, except on the date of
garbage pickup.
14. No trees shall be planted nor
other digging undertaken without
first Cccnring the approval
local power company and without
first being advised as to the
location of all underground
electrical and telephone wires.
i�
i� 15. NO exterior clothes line or
hanging device shall be permitted
on any Lot.
16. The color of the paint on the
exterior of every building on each
Lot shall be the same as the
original color.
17. No building, structure, addition
j nor exterior alteration (including
basketball backboards,rims and ----
nets) or improvements of any
character shall be constructed
Upon any Lot or dwelling located
thereon, except as exterior
painting is permitted by the prior
paragraph, unless the plan of
conbtruction, including quality of
!' workmanship, design,
materials, shall havecbeens and
It approved in writing by the
Foxridge Homeowners Association as
being in harmony with the whole
subdivision, especially the
'i adjoining townhouse unit.
18. If in the construction of any
I� dwelling by DECLARANT there occurs
i an encroachment, then such
encroachment shall be deemed a
perpetual easement for the benefit
Of the dominant Lot.
li 19. No Lot upon which a townhouse has
been constructed shall bp further
subdivided or separated into
smaller lots by any Owner and no
portion less than all of such Lot,
nor any easement or other interest
herein, shall be --onveyed or
transferred by an Owner, provided
that this shall not prohibit deeds
Of correction, deeds to resolve
16
8n'752"r0?72
boundary disputes and similar
corrective instruments.
20. All of the covenants and
restrictions herein shall be
binding and remain in full force
and effect for a period of fifteen
(15) years from the date of this
instr',unent and shall be renewed
autc.latically for additional
successive ten (10) year periods
unless the Owners of a majority of
Lots in Foxridge Subdivision
shall, at least six (6) months
Prior to any such renewal date,
execute and record an agreement
amending said covenants and
restrictions.
21. The DECLARANT herein reserves and
Shall have the right alone to
waive any one or more of the
restrictive covenants and
conditions contained herein as to
any Lot transferred by it except
that it cannot change the use of
any Lot from residential to
commercial. This waiver shall not
+' affect the binding effect of the
! covenants and conditions upon any
Other Lot. The DECLARANT further
reserves the right alone to impose
additional restrictive covenants
and restrictions as to any Lot or
!I Lots owned by it at the time of
the imposition and such imposition
I shall not affect the binding
effect of these provisions upon
I any other Lots.
i
" 22. The invalidation of any one of the
Icovenants or restrictions
contained herein by judgment or
�I Court order shall in nowise affect
any of the other provisions which
shall remain in full force and
effect. The failure of the Lot
Owners or the DECLARANT herein to
enforce any covenants or
restrictions shall nut be deemed
to be a waiver of the right to do
so thereafter as to a default
occurring prior or subsequent
thereto.
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A R T I C L E V I I
EASEMENTS
Section 1. Sewer and Water Easements:
�
The property
dedicated hereby is subject to that certain easement(s) or
rights) of way designated
g Sewer Easement/Water Easement on the
aforesaid attached plat. The DECLARANT does hereby
convey unto the Frederick County Sanitation grant and
Authority a
perpetual right of way or easement over
the aforesaid rights of
way for the installation and maintenance of water and sewer
lines and any related facility designated on the aforesaid plat
as Sewer/Water Easement.
'I
it Section 2. Public Access and Utilit !I I property dedicated hereby is Easements: The
subject to those certain easements
designated Public Access and UtilityEasements which
�
i (lo) feet in width along are ten
g the front of the subject property as
shown on the aforesaid attached plat.
f
I' Section 3, f
Surface Drains a Easement: I The property I dedicated hereby is subject to those certain easement
s or
Of way designated Drainage Easement and Detention Pond on the rights f aforesaid Final Master Development Plan of Foxridge for the
I �
fI1 purpose of surface water drainage easement. No structures o
i� any kind which substantiallyf
impede or obstruct the flow or
ponding of surface drainage water may be placed within said
surface water drainage easements designated on the aforesaid
Plat- Said surface water drainage easements
�I g
or modified without the may not be altered
if prior consent of the County of
Frederick, and the DECLARANT
i; does hereby grant and conve
the County of Frederick a Y unto
perpetual right of way or easement
over the aforesaid designated surface drainage easements and
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detention pond for the purpose of so providing surface drainage.
DECLARANT doe: further agree that the County of Frederick shall
be under .no ob?icat:on to maintai,i said surface drainage
easements, prcvided, however, that in the event the Association
fails to maintain said surface drainage easements
then, and in
that event, the County of Frederick shall have the right to
maintain the saML and charge the Association pursuant to the
I�
provisions of ARTICLE V, Section 11, hereinabove.
li DECLARANT, for a period of five (S) years from the
I� date of conveyance of the first Lot in Foxrid e
9 reserves a
blanket easement and right on, over and under the ground within
i�
IIthat Subdivision to maintain and correct drainage of surface
I water in or f der to maintain reasonable standards of health,
i
II safety and appearance. Such right expressly includes the right I
to cut any trees, bushes or shrubbery, make any grading of the
! soil or to take any other similar action reasonably necessary,
following which the DECLARANT shall restore the affected
t,
property to its original condition as near as practical. The
IDECLARANT shall give reasonable notice of intent to take such
action to all affected Owners, unless in the opinion of the
DECLARANT an emergency exists which precludes such notice.
ISection 4. Reservations: The DECLARANT reserves unto
ji itself, their successors or assigns, the right to erect,
it maintain, operate and replace underground telephone and
I
electrical conduits, related equipment, and other facilities, I
• I sewer, gas, water, and television lines and related
equipment, I
Ii and other utility equipment where such utility lines and
equipment are now located and li along the strip ten (10) feet �
f' along the front of each Lot designated "Public Access and
I
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Utility Easement" and over the 11Common Areas", as needed,
provided that such easement shall not interfere with the use and
enjoyment f
O the Common Areas".
Section 5. Foxridge Lane: The DECLARANT
a right or right of way an further grants
give their consent to the ADDITIONAL
DECLARANT to allow the ADDITIONAL DECLARANT the right to widen
and improve Foxridge Lane and to alter said roadwa
i'
that have been a Y Per the plans I
pproved by Frederick County Planning Department
and which are of record in the Frederick County Planning I
�I Department. Said I
Purposed change is attached hereto and labeled
I Exhibit "A The ADDITIONAL DECLARANT is to a
iiroad improve, widening and altering. If necessaryP y for the said
the DECLARANT I I their successors and assigns, agree tooin !
'I assist the ADDITIONAL DECLARANT with the Purlosedy document to I
P change.
A R T I C L E V I Z Z
)
GENERAL PROVISIONS
i
Section 1. Enforcement )
The Association, its i
successors or assigns, or any Owner shall have the right to
enforce, b an
y y Proceeding at law or in equity, all
II restrictions, conditio
ns, covenants, reservations, liens and
lI charges, now, or hereafter, im oaed b P y the provisions of this i
�I Declaration. Failure by the Association, its successors or
assigns, or b !
y any Owner to enforce any covenant or restriction I
herein contained shall in no event be deemed a waiver of the
right to do so thereafter. All costs which the Association I
successors or assigns,its
or any Owner shall incur in the I
II enforcement of the restrictions, conditions, covenants,
reservations, liens and charges, nor or hereafter imposed, shall
I'
be borne by the party against which action is taken and which
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costs shall include reasonable attorney's fees, costs, and
damages.
Section 2. Severabilit
y. Invalidation of any one of
these covenants or restrictions by judgment or Court order shall
in no way affect any other provision which shall remain in full
force and effect. j
Section 3. Amendment:
The covenants and restrictions I of this Declaration shall run with the land and bind the land, i
and shall inure to the benefit of i and be enforceable by the
I
;Association, or the Owner of any Lot subject to this
Declaration, their respective legal representatives, heirs,
successors and assigns, for a term of thirty '! y (30) years from the
date this Declaration is recorded, after which time
- said
covenants shall be automatically extended for successive periods
i
Of ten (10) years. The covenants and restrictions of this
Declaration may be amended during the first thirty (30) year
i
IIperiod by an instrument signed by not less than ninety percent
(901) of the Lot Owners, and thereafter, by an instrI
instrument signed
it by not less than seventy-five
percent (758) of the Lot Owners.
!� Any amendment must be properly recorded.
Section 4. Dissolution
—�_ . Upon dissolution of the !
IIAssociation, other than incident to a merger or consolidation,
I I ation,
the assets of the Association shall be dedicated to an I
"i appropriate public agency to be used for !
� purposes similar to
those for which the Association was created or for general
welfare of the residents of Foxridge. In the event that such
dedication is refused acceptance, such assets shall be deemed
vested in the Members of the Association as tenants in common. '
The Dedication and Subdivision of the land as shown on
scvu.v.
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"TOOMf V7 AT LAM
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91"60377 i
;the attached plat is with the free consent and in accordance
with the desire of the undersigned DECLARANT, Proprietors,
;,Trustee and Beneficiary of the land being subdivided, and is in
conformity with the provisions of "The Virginia Land Subdivision
Act" as are applicable, together with the applicable ordinances
.and regulations of the governing body of the County of
Frederick, Virginia.
The County of Frederick, Virginia, by the signature of
its agents on the attached plat, do accept the dedications to
public domain of the land and easements herein described as
such.
The designated "Common Areas" are not dedicated hereby
for use by the general public but are dedicated to the common
use and enjoyment of the homeowners in Foxridge as provided
i hereinabove.
WITNESS the following signatures and seals:
IDONAL� A. RUSSO I
H. RUSSO I
n"L'EsR, Trustee _"�_
IRST AMERICAN BANK OF VIRGINIA
RUSSON, a Virginia Partnership
BY-
H. RUSS POTTS, general partner
1
DELBERT E. IBE JR., general
partner
sCtxw.
THNOCKUM . 22
•
OIwR
•TTOAM yB AT uw j
3090UTM KNIT STM[T I'
Wxftc.aT1E".Y/IQ1MN it
3201
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STATE OF VIRGINIA
CITY/Q� OF WINCHESTER
6K759°r,O378
, To -wit:
I' M. F. McLaughlin
li a Notary Public
in and for the aforesaid jurisdiction, do hereby certify that
DONALD A. RUSSO, whose name is signed to the foregoing document
:I bearing date of 29th day of March _ h,
- 1991, has personally
a ea d
pp re before me and acknowledged the
same.
Given under my hand this 12th day of April
f'
'
1991.
commission expir a tember
0, 1e993
iiMy
..
°P itdry
r)
i STATE OF VIRGINIA
i
...............
II CITY/0Q3Xn OF WINCHESTER
II To -wit:
I, M. F. McLaughlin
it in and for the aforesaid
a Notary Public
jurisdiction, do hereby
certify that
jl LINDA H. RUSSO, whose name is signed to the foregoing document
i bearing date of 29th day of March
____, 1991, has
�i
personally
appeared before me and acknowledged the
same.
Given under my hard this 12th day of
April
I
I i 19 91 .
— — •
i
My commission expir s Se to ber 30,
1993 I
I Not y p
lid•
saxir.
I'
T%ftoacrowTow
a
23
awo
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7301
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BK7 9rr03/9
STATE OF VIRGINIA
CITY/0C=-H2{ OF Winchester
To -wit:
IT M. F. F1cLau hlin
in and for the aforesaid
a Notary Public
jurisdiction, do hereby certify that
BENJAMIN M. BUTLER, Trustee, whose
foregoing document
name is signed to the
bearing date of
29th day of March
has personall --�� 1991,
Y a ppeared before me and acknowledged
the same.
Given under my hand this
12thY of
da
1991.
— r
AP.l —'
I My commission expir Se
tuber 30
,.. ota y Pu is ,
r
�_ J. ..
r
STATE OF VIRGINIA
'
I
CITY/COUNTY OF Frederick
To -wit:
I. Tami C. Estes
in and for the aforesaid
a Notary Public
jurisdiction,
do hereby certify that
i 1. Andrew Hershey
an duly authorized
officer of FIRST
AMERICAN BANK OF VIRGINIA, whose
name
�i document bearing date
is signed to the foregoin g
of 29th day of
'
March I
�_, 1991, has
I personally appeared before me and acknowledged the
I
it Given under my hand this 29th
same.
day of March
1991.
----'
'I My commission expires May 31,
1993 r 'ram O i
J.
Notary
......... i
T+ftocXhom "
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PC REVIEW DATE: 09-04-02
BOS REVIEW DATE: 09-25-02
MASTER DEVELOPMENT PLAN #05-02
FOXE TOWNE PLAZA
LOCATION: The property is located southeast of the intersection of North Frederick Pike (Route 522
N) and Rt. 37, and to the west of Fox Drive (Route 739).
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBER: 42-A-195
PROPERTY ZONING & PRESENT USE:
Zoned: B2 (Business General) District
Present Land Use: Vacant & Commercial (Restaurant)
ADJOINING PROPERTY ZONING & PRESENT USE:
North: Zoned B2 (Business, General) District
Present Land Use: Commercial & North Frederick Pike (Route 522 N)
South: Zoned RP (Residential Performance) District
Present Land Use: Residential & Fox Ridge Lane
East: Zoned B2 (Business, General) District
Present Land Use: Commercial & Fox Drive (Route 739)
West: Zoned RA (Rural Areas) District
Present Land Use: Residential & Route 37
PROPOSED USES: Commercial (Restaurants, Hotel, & Offices)
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: The preliminary master development plan for this property
appears to have significant measurable impact on Routes 739, Fox Drive, and 522, the VDOT
facilities which would provide access to the property. As discussed with your office, special
attention should be given to additional length of right-of-way necessary to turn maintenance
vehicles on Fox Ridge Lane; right-of-way should extend 30' west of radius return on any site plan
submitted for review. Before making any final comments, this office will require a complete set
Foxe Towne Plaza, MDP #05-02
Page 2
September 16, 2002
of site plans, drainage calculations and traffic flow data from the I.T.E. Trip Generation Manual,
Sixth 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.
Fire Marshal: Access to structures identified during individual site plans for proposed projects.
Municipal water service available and utilized to meet Frederick County requirements for fire
protection. Plan approval is recommended.
Frederick County Inspections: No comment required at this time; shall comment at the time
of site plan review.
Sanitation Authority: No comment.
County Engineer: We offer no comments. A comprehensive review was performed on the site
plans.
City of Winchester: No comments.
Planning and Zoning:
Site History:
The first Frederick County Zoning Map (U.S.G.S. Winchester Quadrangle) depicts the property
as part of the B2 (Business General) Zoning District. 'The current zoning of the property is B2
(Business General). The existing restaurant on the property (Kentucky Fried Chicken) was
constructed in 1998.
The Planning Commission reviewed the site plan for the existing KFC on July 1, 1998. In order
to alleviate traffic concerns along Fox Drive andNorth Frederick Pike, the Planning Commission
and the developer agreed to improve Fox Ridge Lane to a standard that would enable acceptance
into the State system for any development after the KFC.
Comprehensive Policy Plan:
The property which will comprise Foxe Towne Plaza is not part of any community -specific land
use plan in the County's comprehensive policy plan. The property is, however, within the Urban
Development Area (UDA) and the Sewer and Water Service Area (SWSA).
According to the Virginia Department of Transportation, and included in the Frederick County
Comprehensive Plan, the western portion of North Frederick Pike is a minor arterial road; Fox
Drive is a major collector road; and Route 37 is a major arterial road. Fox Ridge Lane is
presently a private road.
Fox Drive and a portion of North Frederick Pike are designated for a future bicycle lane,
0 0
Foxe Towne Plaza, MDP #05-02
Page 3
September 16, 2002
according to the Frederick County Bicycle Plan. The portion of the development proposed for
a fast-food restaurant and the existing KFC are adjacent to these roads.
Project Scope:
The applicant has prepared a preliminary master development plan for the development of 5.649
acres of commercial land uses. The plan proposes to have a fast-food restaurant, hotel, office
building, and the existing KFC restaurant on the property. All of these uses are permitted uses
within the B2 (Business, General) Zoning District.
The primary entrance to the property is proposed from Fox Ridge Lane. The existing concrete
access road, currently being utilized by the Sheetz Store, is intended to be an alternate entrance
to the property. Improvements to Fox Ridge Lane include the reconstruction of the road to state
road standards. This portion of Fox Ridge Lane will be dedicated to the Virginia Department of
Transportation (VDOT) for acceptance into the state road system. Fox Ridge Lane currently
serves the Fox Ridge Townhouses Subdivision.
There are no flood plains, lands, ponds, or wetlands on the property; however, woodlands and
steep slopes exist. The development of the property, as proposed, would disturb 23.2% of
existing woodlands and 23.8% of existing steep slopes. This meets the requirements of the
Frederick County Zoning Ordinance. The preserved woodlands and steep slopes would be
located in the rear of the property.
Issues:
Staff has identified a couple of potential issues. They are as follows:
Fox Ridge Lane Improvements & Inter -Parcel Access: The master development plan (MDP)
should indicate when the proposed improvements to Fox Ridge Lane will take place, and when
the inter -parcel access roads will be constructed in the development process. The Deed of
Dedication associated with the Fox Ridge Townhouse development clearly states that
Foxridge Lane was intended for public use, and to serve the commercial uses on the subject
site.
Buffers and Screens. Staff fully supports the applicant's proposal to preserve the existing
landscape screen along Fox Ridge Lane. The mature trees in this landscape screen enhance the
character of the Fox Ridge Townhouses. However, the Zoning Ordinance requires a 10,
landscape screen, consisting of three trees per 10 linear feet, and an opaque fence, berm, wall, or
hedge. The proposed screen on the portion of the property proposed for future development
does not satisfy this requirement. The approved buffer on the existing portion of the property
used by KFC consists of a 10-foot landscape screen and a six-foot high hedge row, which
complies with the requirements of the Frederick County Zoning Ordinance. A buffer and screen
similar to the KFC property is suggested by staff.
0
is
Foxe Towne Plaza, MDP #05-02
Page 4
September 16, 2002
STAFF CONCLUSIONS FOR 09-04-02 PLANNING COMMISSION MEETING:
The preliminary master development plan for Foxe Towne Plaza depicts appropriate land uses and is
consistent with the Frederick County Comprehensive Policy Plan. The applicant should be prepared to
address the comments identified in this report, those issues rased by the review agencies, the Plaiuling
Commission and the Board of Supervisors.
PLANNING COMMISSION SUMMARY & ACTION OF 09/04/02: A spokesperson for the
residents of the 28-unit Foxe Ridge Townhouses subdivision stated that the residents had no problems
with the proposed uses, but requested that Foxe Ridge Lane not be used as the commercial access. The
spokesperson believed the use of Foxe Ridge Lane commercially would negatively impact their property
values and the quality of life for the townhouse residents. Two other persons spoke and had the same
concerns; one was a resident of the Foxe Ridge Townhouses and the other was a resident at the end of
Foxe Ridge Lane, behind the Foxe Ridge Townhouses.
Commissioners discussed with the applicant the possibility of making Foxe Ridge Lane an emergency
access only as a way to avoid intrusion into the Foxe Ridge Townhouse neighborhood. The applicant
suggested creating a link between the rear of KFC and the proposed use to avoid breaking through the
tree barrier alongside the townhouses. The applicant said that the owner is not interested in using .Foxe
Ridge Lane and he would modify the MDP to designate it as a secondary access for emergency vehicles
only if that is what the County requested.
By a majority vote, the Commission recommended approval of the MDP of Foxe Towne Plaza for
commercial uses with an access to the KFC site, not Foxe Ridge Lane. The two no votes were opposed
based on water usage issues.
The majority vote was as follows:
YES (TO APPROVE): Watt, Unger, Morris, Light, DeHaven, Thomas, Ours, Kriz, Fisher, Rosenberry
NO: Straub, Gochenour
(Note: Commissioner Triplett was absent from the meeting.)
0:\Agendas\COMMENTS\MOP's\2002\Foxe Towne Pina.wpd
Frederick County, Virginia Master Development Plan Application Package
APPLICATION
MASTER DEVELOPMENT PLAN
Department of Planning and Development Use Only
Date application received~ Application #(
Complete - Date of acceptance
Incomplete - Date of Return
1.
Project Title:
Foxe Towne Plaza
2.
Owner's Name:
KRA Food Services LLC
1625 Apple Blossom Drive
Winchester, Virginia 22601
(Please list the names of all owners or parties in interest)
3.
Applicant:
KRA Food Services LLC
Address
c/o Gilbert W. Clifford & Associates, Inc.
117 E. Piccadilly Street, Suite 200
Winchester VA 22601
Phone
(540) 667-2139
4.
Design Company:
G. W. Clifford & Associates Inc.
Address
. G Street
W ester, V
Phone Number
(540) 667-2139
Frederick County, Virginia Master Development Plan Application Package
APPLICATION cont'd
MASTER DEVELOPMENT PLAN
5. Location of Property: Southwest Quadrant of Route 522 & Route 37 Intx
6. Total Acreage: 5.649 Acres (PIN 42-A-195)
7. Property Information:
a)
Property Identification Number (PIN):
b)
Current Zoning:
c)
Present Use:
d)
Proposed Use:
42-A-195
B-2
Vacant
Business
e) Adjoining Property Information: See Attached
f) Magisterial District: Stonewall
8. Is this an original or amended Master Development Plan?
Original X Amended
I have read the material included in this package and understand what is required by the
Frederick County Department of Planning and Development. I also understand that the
master development plan shall include all contiguous land under single or common
ownership. All required material will be complete prior to the submission of my master
development plan applic 'on.
Signature:
Date: • OAy
T-OXO 16 IJMO- Ao�;P-A
ID#
Name/Address
Zonine
Use
53F-1-28
Christopher & Julie Cotterell, 100 Ridge Court, Winchester, VA 22603
R4
Residential
53F-1-15
John B. Kay, 101 Ridge Court, Winchester, VA 22603
R4
Residential
53F-1-14
Thomas Murray, 100 Fox Court, Winchester, VA 22603
R4
Residential
53F-1-1
Jacqueline Armstead, 600 DeLa Montagne 9509, Montreal, Quebec
R4
Residential
53-A-42A
Earl Bailey, 851 Fox Drive, Winchester, VA 22603
RP
Residential
42-A-196
Henry& Evelyn Ferris, 5700 e Avenue, Altoona, PA 16602
B-2
Vacant
42-4-A
P.O. Box 2247, Winchester, VA 22604
B-2
Commercial
42-A-195
KRA Food Services, Inc., 1625 Apple Blossom Drive, Winchester, VA 22603
B-2
Vacant
42-A-195A
Tracey Hall & Howard Erin, 190 Fox Ridge Lane, Winchester, VA 22603
RP
Residential
42-5-C2
Long Rural International Limited, 14800 Conference Center Dr. #204, Chantilly, VA 20151
B-2
Religious
42-5-Cl
Long Rural International Limited, 14800 Conference Center Dr. #204, Chantilly, VA 20151
B-2
Religious
•2-A-197
Stine's Chapel, 729 Round Hill Road, Winchester, VA 22602
B-2
Religious
42-A-198K
Space, LLC c/o Thomas Moore Lawson, PC, 160 Exeter Drive, Suite 103, Winchester, VA 22603
B-2
Vacant
53D-3-6
Doering Investments, LC, 343 Windsor Lane, Winchester, VA 22602
B-2
Commercial
42-A-194
Harry K. Benham III, Trustee, P.O. Box 89, Winchester, VA 22604
RA
Vacant
�,��. K9 A Fb6J Svcs, uC
MDP#05-02
Location Map For:
Foxe Towne Plaza
PIN: ' 1 ❑
42-A-195 N
0 80 160 Feet
Aug. 23, 2002
522
fi 42 A 195
37
v
i
city
Winchester, Virginian
MDP#05-02
Location Map For:
Foxe Towne Plaza
PIN:
42-A-195
w�
0 80 160 Feet
"-mmm6mmmmi
Aug. 23, 2002
L-
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, VA 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 this sheet.
Applicant's Name: G.W. Clifford & Associates, Inc.
Address: 117 E. Piccadilly Street Suite 200
Winchester VA 22601
Phone Number: (540) 667-2139
Name of development and/or description of the request:
Foxe Towne Plaza
Location of Property: Fox Drive & Route 522 (SW Quad)
Virginia Department of Transportation's Comments:
See attached VDOT Comments dated July 29, 2002.
VDOT use only Date received 7 J`
� 8I 4 C Review Number!`I 3 4 5 (Please circle one)
Date reviewed -7 Date approved: — s 719(O Z Revision required
Sienature and Date 7•Z9•o z
W
i
It
y � �
COMMONWEALTH of VIRGINIA
DEPARTMENT OF TRANSPORTATION
EDINBURG RESIDENCY
Philip A. Shucet 14031 OLD VALLEY PIKE
COMMISSIONER EDINBURG, VA 22824
July 29, 2002
VDOT Comment to
Request for Master Development Plan Comments
Foxe Towne Plaza
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 739, Fox Drive, and 522, the VDOT facilities which would provide
access to the property.
As discussed with your office, special attention should be given to additional length of
right-of-way necessary to turn maintenance vehicles on Fox Ridge Lane, right-of-way
should extend 30' west of radius return on any site plan submitted for review.
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, Sixth
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.
Steven A. Melnikoff
Transportation Engineer
VirginiaDOT.org
WE KEEP VIRGINIA MOVING
I
RECEIVE JAL
Frederick County, Virginia Master Development Plan Application Package
Request for Master Development Plan Comments
Frederick County Fire Marshal
Mail to: Band deliver to:
Frederic County Fire Marshal 0 Floor
Attn: Fire Marshal 107 N. Kent St.
107 N. Kent St. Winchester, VA
Winchester, VA 22601 (540) 665-6350
Please fill out the information as accurately as possible in order to assist the agency with
their review. Please attach two (2) copies of the MDP with this sheet.
Applicant's Name: G.W. Clifford & Associates Inc.
Address: 117 E. Piccadilly Street, Suite 200
Winchester, VA 22601
Phone Number: (540) 667-2139
Name of development and/or description of the request:
Foxe Towne Plaza
Location of Property:
Fox Drive & Route 522 (SW Ouad
Fire Marshal's Comments:
Frederick County Fire Marshal use only
Date received Review Number: 12 3 4 5 (Please circle one)
Date reviewed "2-'9-- Ga- Date approved: 7-) C Revision required
h� Signature.and Date
f ^y�
14
tca ca
M �c
OC «i
AW
BtiINIA
Control number
MDP02.0006
Project Name
Foxe Towne Plaza
Address
117E.Piccadilly Street
Type Application
Master Development
Current Zoning
B-2
Frederick County Fire and Rescue
Department
Office of the Fire Marshal
Plan Review and Comments
Date received
07/16/2002
City
Winchester
Tax ID Number
42-A-195
Automatic Sprinkler System
No
Other recommendion
Emergency Vehicle Access
Not Identified
Siamese Location
Not Identified
Date reviewed
07/18/2002
Applicant
G.W.Clifford & Associates
State Zip
VA 22601
Fire District
15
Recommendations
Automatic Fire Alarm Syste
NO
Requirements
Hydrant Location
Not Identified
Roadway/Aisleway Width
Not Identified
Data Revised
Applicant Ph
540-667.2139
Rescue District
15
Election District
Gainesboro
Residential Sprinkler System
No
Fire Lane Required
Yes
Special Hazards
NO
Emergency Vehicle Access Comments
c_es_ tc: structures, mentified during individual site plans ror propose:. p:•a;_ct .
Access Comments
Additional Comments
water service available and utilized to meet Frederick County requirement, for fire nrotec:ion.
j Plan Approval Recommended Reviewed By Signiture
W
Yes Timothy L. Welsh �\ ,\
Tide �
Frederick County, Virginia Master Development Plan Application Packaie
Request for Master Development Plan Comments
Frederick County Inspections Department
Mail to: Hand deliver to:
Frederick Co. Inspections Department 4` Floor
Attn: Building Official 107 N. Kent St.
107 N. Kent St. Winchester, VA
Winchester, VA 22601 (540) 665-5650
Please fill out the infonnation as accurately as possible in order to assist the Inspections
Department with their review. Please attach one (1) copy of the MDP with this sheet.
Applicant's Name: G.W. Clifford & Associates. Inc.
Address: 117 E. Piccadilly Street, Suite 200
Winchester, VA 22601
Phone Number: (540) 667-2139
Name of development and/or description of the request:
Foxe Towne Plaza
Location of Property:
Fox Drive & Route 522 (SW Quad)
Frederick Countv Insnections Department use only-
Frederick County Inspections Department use only. ` :..
Date received view b ` 1: 4 5 (Please circle one)
Date reviewed OD tea ve /� evision regwfed
Signature and Date vu� _ 7/ 3 /
12
Frederick County, Virginia Master Development Plan Application Package
Request for Master Development Plan Comments
Frederick County Department of Public Works
Mail to: Hand deliver to:
Frederick County 4 Floor
Department of Public Works 107 N. Kent St.
107 N. Kent St. Winchester, VA
Winchester, VA 22601 (540) 665-5643
Please fill out the infonnation as accurately as possible in order to assist the agency with
their review. Please attach three (3) copies of the MDP with this sheet.
Applicant's Name: G.W. Clifford & Associates, Inc.
Address: l 17 E. Piccadilly Street, Suite 200
Winchester, VA 22601
Phone Number: (540) 667-2139
Name of development and/or description of the request:
Foxe Towne Plaza
Location of Property:
Fox Drive & Route 522 (SW Quad)
Dezinent of Public Works use only:
¢ dh
Department of Public Works use only
Date received 711 7 O2 Review Number: 1 2 3 4 5 (Please circle one)
Date reviewed V-01- Z Date approved: Revision required
Signature and Date L✓ ,,p^/�'-'—' 7/ ���� Z
13
Frederick County, Virginia Master Development Plan Application Package
PCS
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, VA
RO. Box 1877 (540) 868-1061
Winchester, VA 22604
Please fill out the information as accurately as possible in order to assist the Frederick
County Sanitation Authority with their review. Please attach two (2) copies of the
MDP with this sheet.
Applicant's Name: G.W. Clifford & Associates, Inc.
Address: 117 E. Piccadilly Street, Suite 200
Winchester VA 22601
Phone Number: (540) 667-2139
Name of development and/or description of the request:
Foxe Towne Plaza
Location of Property: Fox Drive & Route 522 (SW Quad)
Frederick County Sanitation Authority's Comment:
;Frederick County. Sanitation Authority,,;use only
Dafe. received Review Number:: 1 2'3 4 5 (Please cucle one)
Date reviewed e.a�pp�rfl d:; Revision rei�u�red
, =;
Signature and Date: %:J�,`
6
( Frederick County, Virginia Master Development Plan Application Package
Request for Master Development Plan Comments)
City of Winchester I i '
Mail to: Hand deliver to:
Winchester Planning Department 15 N. Cameron Street
Attn: Planning Director Rouss City Hall
15 N. Cameron Street Winchester, VA
Winchester, VA 22601 (540) 667-1815
Please fill out the information as accurately as possible in order to assist the agency with
their review. Please attach one (1) copy of the MDP with this sheet.
Applicant's Name: G.W. Clifford & Associates, Inc.
Address: 117 E. Piccadilly Street, Suite 200
Winchester, VA 22601
Phone Number: (540) 667-2139
Name of development and/or description of the request
Foxe Towne Plaza
Location of Property:
Fox Drive & Route 522 (SW Quad)
Ci of Winchester Comments- /
n r-I
City of Winchester use only
Date received *V�-
2- Review Number: Cl2 3 4 5 (Please circle one)
Date reviewed t approved: Revision required
� Signature and Date
15
gilbert w clifford & associates, inc.
117 E. Piccadilly Street, Suite 200
Winchester, lrrginia 22601
540-667-2139 Fax:540-665-0493
e-mail. gwearam@earthlink.net
To: Frederick
107 N. Kent Street
Winchester, VA 22601 1
We are sending you
x� Hand Delivered
a Shop Drawings
Copy of Letter
Attached
Change Order
x� Prints
Plats
LETTER OF TRANSMITTAL
Present Date Job No.
12-4-02
Attention: Eric Lawrence
Re: Foxe Towne Plaza
❑ Under Separate via
Samples
❑ Plans
Copies Date Description
6 Foxe Towne Plaza
Are Transmitted
For Approval
For Your Use
FlAs Requested
For Review or Comment
a For Bids Due
Remarks For Planning's signature
Copy To:
0 Approved/Submitted
Approved/As Noted
0 Return/Corrections
x0 Approval/Signature
PI-01
the following items
Specifications
❑ Other
Resubmit
for Approval
0 Submit
for Distribution
0 Returned
Corrected Prints
0 Loan Print/Return
Return/with Signatures
Signed C.E. Maddox, Jr., P.E., VP
RECEIVED
DEC 0 4 2002
FREDERICK COUNTY
PLANNING & DEVELOPMENT
Rev 3.0
3/10/97
I
COUNTY of FRED ERI CK
Department of Planning and Development
540/665-5651
FAX: 540/ 665-6395
July 30, 2002
Mr. Charles Maddox, P.E., VP
G. W. Clifford & Associates, Inc.
117 E. Piccadilly Street, Suite 200
Winchester, Virginia 22601
RE: Review Comments of Foxe Towne Plazd, Preliminary Master Development Plan
Property Identification Number (PIN) 42-A-195
Dear Chuck:
Thank you for giving me the opportunity to provide you with review comments for the preliminary Master
Development Plan (MDP) for Foxe Towne Plaza, dated July 15, 2002. I would suggest that you take all of the
following review comments into consideration prior to completing the application process:
Review Comments
Project Summary Section. Staff requests two changes to the "Project Summary Section" of the plan.
First, please state what the current and proposed use of the property is. The plan reviewed by staff states
that the proposed use of the property is the "proposed use". Second, please show what the required
setbacks and buffers are, similar to as shown below:
Setbacks:
Front (Fox Drive) 35
Left (Foxridge Land) 35 Category B Buffer (25' active + 25' inactive w/ full screen)
Right (Rt. 522 & Rt. 37) 50
Rear 0 Category B Buffer (25' active + 75' inactive w/ landsca
screen)
2. Proposed Buffer & Screens. Please provide details of the proposed buffer & screens. Also, please note
that every effort should be made to preserve the existing vegetative screen along the southern property
line. Furthermore, it appears that the existing vegetative screen may need to be supplemented in order
to meet the requirements of a full screen, as defined in the Frederick County Zoning. Ordinance.
Environmental Features. Please include sinkholes and natural stormwater retention areas in your
analysis of existing environmental features. The location of all environmental features should be shown
on the MDP.
4. Phases. Please provide information regarding the proposed order of development.
Legend Information. Please ensure. that the legend features match what is shown on the plan. For
107 North Dent Street • Winchester, Virginia 22601-5000
� (roJpL
Page 2
Foxe Towne Plaza MDP Preliminary Review
July 30, 2002
example, it appears that the project boundary line feature is not the same as drawn.
6. Proposed VDOT Right -of -Way. Please provide information as to when the eastern portion ofFoxridge
Lane will be improved. Also, please add the word "VDOT" between the words "Proposed" and "Right -
of -Way."
7. Location of Existing Utilities. Please show where all existing utilities are located, including gas, water,
sewer, and electric; and show how the property will be served by all of these utilities.
Underground Utilities. Please provide a statement on the plan to the effect that all new utilities would
be located underground. '
9. History of KFC Restaurant. Please reference the Planning Commission review date (7/l/98), site plan
reference number (#32-98), and site plan approval date for the KFC Restaurant (7/10/98).
10. TPD. Please reference the source of information used to calculate the TPD (Trips Per Day), which are
shown on the plan.
11. Typical Road Section. Please provide details for the proposed improvements to the highlighted portion
of Foxridge Lane (Typical Road Section). With these details, please provide a statement to the effect
that the road will be built to VDOT standards, and state if the road will be built to urban road design
standards.
12. Adjoining Property Information On Application. There appears to be errors in the adjoining property
owner information provided on the application. The adjoining lot information should be as follows:
North = 42-A-194 (Residential) & Route 37 & Route 522 & 42-5-C2 (Former Restaurant and Church);
West = 42-A-195A (Residential); East = 42-4-A (No Use) & 42-A-196 (Sheetz); and South = Fox Ridge
Subdivision & 53-A-42A (Residential).
Please address the above comments and those provided to you from the review agencies. In order to continue
the review of this Master Development Plan, you will need to submit the complete MDP application, which
includes review agency comments and review fee, to this department. Once this information is received, staff
will schedule the application for review by the Planning Commission. The review fee will be $1,525.96
[$1,300/base + $225.96 (5.649 acres @ $40 per acre)]. Review Comments should be provided from the following
agencies: Frederick County Fire Marshal, Frederick County Department of Public Works, Frederick County
Sanitation -4 uthority, Virginia Department of Transportation, the Frederick County Inspections Department, and
the Frederick County Airport Authority.
Please do not hesitate to contact me with questions regarding this application.
Sincerely,
�� c�y� �. cc2w�
Jeremy F. Camp - Planner II
JFC/
U. UeremyWaster Development PlanslFoxe Towne PlazalPreliminatyReviewojFTP.wpd
0 •
gilbert w. clifford & associates, inc
INCORPORATED 1972
Engineers — Land Planners — Water Quality
July 31, 2002
Eric Lawrence
Planning Director
Frederick County Planning
107 N. Kent Street
Winchester, VA 22601
RE: Foxe Towne Plaza
Dear Eric,
Board of Directors:
President:
Thomas J. O'Toole, P.E.
Vice Presidents:
Charles E. Maddox, Jr., P.E.
Earl R. Sutherland, P.E.
Ronald A Mislowsky, P.E.
David J. Saunders, P.E.
Directors:
William L. Wright
Michael A Hammer
Thomas W. Price
I've enclosed comment sheets from all applicable review agencies on the above referenced project. All
agencies indicate either no comment or approval. Most do reserve the right to make comments on the site
plans required for each use.
We have not yet heard from Planning. Can you please let me know when we can expect to receive comments
from your staff?
As no adverse comments have been received, we request that authorization for approval of the Arby's site plan
be granted. As we've discussed, the development of the Arby's site will not affect the proposed connection to
Fox Ridge Lane.
Please let me know if you have any questions, and I look forward to receiving your staff comments on the
Master Plan and final approval of the Arby's site development plan.
Regards,
gilbert w. clifl'ord & associates, inc.
nald A. Mislowsky, P.E., VP
cc: Eric Beatley
-ItGLI V
JUL 3 _ 2002
DEPT. OF P- .',';;-VG/DEVELOP
117 East Piccadilly Street, Suite 200, Winchester, Virginia 22601
(540) 667-2139 Fax (540) 665-0493 e-mail gwcaram@earthlink.net
Member American Consulting Engineers Council
gilbert w. clifford & associates, inc
INCORPORATED 1972
Engineers — Land Planners — Water Quality
June 17, 2002
John Riley
Frederick County Administrator
107 N. Kent Street
Winchester, VA 22601
RE: Arby's Foxe Towne Plaza
Dear John,
Board or Directors:
President:
Thomas J. O'Toole, P.E.
vice Presidents:
Charles B. Maddox, Jr., P.E.
Earl R. Sutherland. P.E.
Ronald A. Mislowsky, P.F.
David J. Saunders. P.E.
Directors:
William L. Wright
Michael A. Hammer
'Thomas W. Price
We have been working with VDOT over the last few weeks to design an acceptable turn around area at the end
of Fox Ridge Lane. It is our intention that this turn around area, coupled with an additional connection from
the Allen property to Fox Ridge Lane will satisfy the County's transportation concerns.
I spoke to Mr. Steve Melnikoff of VDOT on Friday, and with Barry Sweitzer today, both indicate VDOT will
accept our proposed turn around configuration. A plan of our scheme is also provided for your reference. If
acceptable to you, we would propose a revision to the Fox Ridge Master Plan substituting our new proposal for
the cul-de-sac option. That revision would provide for the second connection to Fox Ridge Lane to occur upon
the development of the Holiday Inn site. With that understanding, we trust the County could approve the
Arby's site plan which is currently under review. We believe the Arby's site would only slightly benefit from
an additional connection to Fox Ridge Lane, and VDOT also did not object to the proposed timing.
Please let me know if you have any questions or concerns regarding this new entrance and any thoughts you
have on our plan to revise the Master Plan and gain Arby's approval.
Thanks for continuing to work with us on this development.
Regards,
gilbert w. clifford & associates, inc.
na d �AM�slowsk�yP.E., �VP
cc: Joc Allcn
Eric Lawrence
117 East Piccadilly Street, Suite 200, Winchester, Virginia 22601
(540) 667-2139 Fax (540) 665-0493 a -snail gwcaramC6.-vearth1ink.net
Member Americon Consulting Engineer. Council
T'd E6�10-S99-ObS •posse I PJOJJtTa •m•2 J66:ao ao LT unr
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•
• 0 FILE COPY
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/ 665-6395
May 8, 2002
Ronald A. Mislowsky, P.E., VP
G.W. Clifford & Associates, Inc.
117 East Piccadilly Street, Suite 200
Winchester, Virginia 22601
RE: Foxe Town Plaza
Dear Ron:
I am in receipt of your letter dated May 1, 2002 requesting a waiver of the master development plan
requirement for the above -referenced project. The project is situated on a 5.65-acre 132-zoned parcel, located
in the Sunnyside area of the county. A KFC restaurant currently occupies a 0.9-acre portion of this parcel.
A Sheetz convenience store is located on an adjacent parcel. The parcel is further identified by Property
Identification Number (PIN) 42-A-195.
Your letter indicates that an Arby's Restaurant and Holiday Inn Express are proposed for the site. The letter
further states that, "Access to the site is provided through the existing Sheetz store parking lot. With the
limited access designation on VA Route 37, there is no other available access to the parcel." Staff has reviewed
various documents pertaining to this site, one of which includes the KFC site plan file, and found that the
County had previously indicated that further development beyond the KFC would require the possible extension
and improvement of Foxridge Lane onto the site. Foxridge Lane would be built to state standards, dedicated
to the state, and provide the necessary road access for future development.
It does not appear that the site's access, as proposed, is consistent with previously -approved access
considerations for this site. Nor does it appear that the proposed access is consistent with solid planning
principles as vehicular traffic would be forced to transverse an adjacent use's parking lot. Therefore, it is
inappropriate for staff to waive the master development plan requirements based on the proposed access.
R. Lawrence, AICP
im Planning Director
ERL/rsa
cc: John R. Riley, Jr., County Administrator
Mr. Joe Allen, KRA Food Service, LLC, 1625 Apple Blossom Drive, Winchester
U:\Eric\Common\MDP\2002\Foxe Town Plaza.waiver request.wpd
107 North Kent Street - Winchester, Virginia 22601-5000
0 •
gilbert w. clifford & associates, inc
INCORPORATED 1972
Engineers — Land Planners — Water Quality
May 1, 2002
Mr. Eric Lawrence
Frederick County Planning
107 N. Kent Street
Winchester, VA 22601
RE: Foxe Towne Plaza
Dear Eric,
Board of Directors:
President:
Thomas J. O'Toole, P.E.
Vice Presidents:
Charles E. Maddox, Jr., P.E.
Earl R. Sutherland, P.E.
Ronald A. Mislowsky, P.E.
David J. Saunders, P.E.
Directors:
William L. Wright
Michael A. Hammer
Thomas W. Price
We have recently submitted a site design plan for an Arby's Restaurant on a 5.65 acre parcel at the southwest
corner of US Route 522 and VA Route 37. The site is also bordered by the Fox Ridge Townhouses to the
west, Fox Drive to the south and the Sheetz Convenience store to the southeast. Currently, a KFC Restaurant
lies at the south end of the property, fronting on Fox Drive. The Arby's is to be situated directly to the north of
the Sheetz. I've enclosed a copy of the key map from the Arby's site plan for your reference.
We will be submitting a site plan for the Holiday Inn Express, shown on a 2.176 acre parcel to the west of the
Arby's, in a day or so leaving only a 1.46 acre for future development. The owner envisions an office building
at that location.
The utilities extensions necessary to serve the Arby's have been planned knowing this future development
pattern. Additionally, the stormwater management plan, consisting of detention ponds, one installed with the
Arby's, the other with the Holiday Inn, will mitigate flows from the entire development parcel.
Access to the site is provided through the existing Sheetz store parking lot. With the limited access designation
on VA Route 37, there is no other available access to the parcel.
Since the development pattern, utility extension locations, stormwater management plan and access points are
known, we request the master plan for this parcel be waived.
Rebecca Ragsdale is currently reviewing the Arby's site plan. I will copy you on our submittal cover memo
for the Holiday Inn Site.
If you have any questions, please do not hesitate to call.
Regards,
gilbert w. clifford & associates, inc.
aid A. Mislowsky, P.E., VP
cc: Joe Allen
RELEVv ED
MAY G 2002
DEPT. OF PLANNING/DEVELOPMENT
117 East Piccadilly Street, Suite 200, Winchester, Virginia 22601
(540) 667-2139 Fax (540) 665-0493 e-mail gwcaram@earthlink.net
Member American Consulting Engineers Council
•
•
gilbert w. di ord & associa es, inc
INCORPORATED 1972
Engineers — Land Planners — Water Quality
March 22, 2002
Jeremy Camp
Frederick County Planning
107 N. Kent Street
Winchester, VA 22601
RE: Arby's — Foxe Towne Plaza
Dear Jeremy,
Board or Directors:
President:
Thomas J. O'Toole, P.E.
Vice Presidents:
Charles E. Maddox, Jr., P.E.
Earl R. Sutherland, P.E.
Ronald A Mislowsky, P.E.
David J. Saunders, P.E.
Directors:
William L. Wright
Michael A Hammer
Thomas W. Price
We've prepared a site plan application for an Arby's Restaurant on the KRA Properties land at the intersection
of Fox Drive (Route 723) and US Route 522. A KFC Restaurant currently exists on this site, fronting on Fox
Drive. The Arby's site is immediately north of the Sheetz.
Access to the site is via the same easement utilized by the KFC, across the Sheetz site. The entrance shown
was anticipated by Sheetz. A driveway curb was provided.
Water and sewer are extended from the Fox Ridge subdivision property line. Gas, electric and telephone
services are also available.
The ultimate development of the site is shown on the Key Map (sheet 2). The site plan for the Holliday Inn
j Express is underway, with plan submission anticipated by 1 May. The office area is still being studied, but we
hope to follow up with a site plan for that area in the near future. As the development pattern of the site is
known, including how the access, utility services and stormwater management will be provided, we request
that the master plan requirement for this site be waived.
If during your review, you should have questions, please do not hesitate to call.
Regards,
gilbert w. clifford & associates, inc.
o ald A. Mislowsk P.E., VP
Y,
RECEIVED
MAR 2!5'1002
DEPT. OF PLANNING/DEVELOPMENT,
lei 117 East Piccadilly Street, Suite 200, Winchester, Virginia 22601
(540) 667-2139 Fax (540) 665-0493 a -mail gwcaran*earthlink.net
Member American Consulting Engineers Council
Fox Towne Plaza
Subject: Fox Towne Plaza
Date: Fri, 20 Jun 2003 16:44:52 -0400
From: "Erik Beatley" <ebeatley@allprp.com>
To: <jcamp@co.frederick.va.us>
Dear Mr. Camp
<?xml:namespace prefix = o ns = "u rn:schemas-microsoft-com:office: office" />
Thanks again for meeting with us Friday afternoon. As we discussed we have a potential car wash use
for lot 4 at <?xml:namespace prefix = stl ns = "urn: schemas-microsoft-com: office: smarttags" />Fox
Towne Plaza. After researching the project we feel the impact of a car wash would be equal to or less
than the office building shown on the master plan. The trip calculations for the office are 470 trips per
day while the car wash averages 250 trips per day. The car wash TPD are also spread over more hours
than the typical office building hours further reducing the traffic impact.
The other concern was the usage of water for this location. This issue is minimized by the fact that the
car wash equipment used by JATIM Enterprises utilizes 50% recycled water for each wash cycle.
We feel this is a good use for the property and welcome your feedback.
Respectfully,
Erik Beatley
Allen Properties
1625 Apple Blossom Drive
Winchester VA 22601
540-665-0405
ebeatley(a allprp.com
Confidentiality Notice:
This e-mail message, including any attachments, is for the sole use of the
intended recipients and may contain confidential and privileged information.
Any unauthorized review, use, disclosure or distribution is prohibited. If
1 of 2 6/23/2003 8:41 AM
approval of Rezoning Application 4010-98 of W. S. Frey Company, Inc. to rezone 31.74 acres from RA (Rural
Areas) to EM (Extractive Manufacturing) with a recommendation to the Board of Supervisors that they request
that VDOT improve Walters Mill Lane (Route 836) from Route 11 to the Frye property line, at which point the
W.S. Frey Company will be responsible for improvements.
The vote on this recommendation was as follows:
YES (TO APPROVE): Miller, Romine, Marker, Copenhaver, Light, DeHaven
NO: Moms
(Note: Mr. Wilson, Mr. Stone, Mr. Ours, and Mr. Thomas were absent from the meeting.)
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DISCUSSION OF SITE PLAN 4032-98 OF KENTUCKY FRIED CHICKEN
Mr. Michael T. Ruddy, Planner II, said that at the Planning Commission's meeting on June 3,
1998, the Commission requested that the pending site plan for Kentucky Fried Chicken (KFC), proposed for the
Fox Drive area, be presented to the Commission for formal review and to allow citizens impacted an opportunity
to review the plan. Mr. Ruddy said that the applicant has addressed all review agency comments.
Commissioner Miller said that he requested that this site plan be brought before the Commission
because of the telephone calls he received from concerned citizens who live in the Foxridge townhouses.
Commissioner Miller did not see any problem with the entrance into the proposed KFC off Foxridge Lane,
however, his concern was the eventual construction of Foxridge Lane as a state -maintained road back to the
perimeter of the property. _ He said that he realized the road -cannot be4aken-into_the State's system at this
particular time, but there needs to be some commitment from the developer of this parcel and'figure developers
along this lane, to participate in the completion of Foxridge Lane as a state -maintained facility.
Mr. Tierney said that the KFC parcel is part of the entire remaining tract of land behind the
Sheetz convenience store. He stated that there is a note on the site plan which stipulates th at the time the KFC
parcel is severed from the rest of the parent parcel or at the time of any future development on the parent parcel,
the road will have to be built and/or bonded back to the property line.
Chairman DeHaven was concerned how the developer of the KFC parcel planned to construct
the approved geometry and the continuation of Foxridge Lane without eliminating the drainage easement and the
buffer that they were proposing to install during this phase of development.
Mr. Stephen M. Gyurism of G. W. Clifford & Associates, Inc., the design engineers for the KFC
project, assured the Commission that the roadway and drainage could be accomplished without affecting the t
integrity and workability of the parking lot for the KFC restaurant. He added that the drainage may have to go
underground at that point.
Mr. Ron Wooley, a resident of the Foxridge development and spokesperson for the 28
homeowners in Foxndge, stated that from the onset, the homeowners believed Foxridge Lane was a private drive
Frederick County Planning Commission
Minutes of July 1, 1998 Page 229
for their development and have maintained the road as such. He said that they had not realized this was a right-
of-way for future development. He stated that Foxridge residents were concerned about their children's safety --
this road is presently a school bus stop, and they are concerned about the additional traffic. Mr. Wooley inquired
if the KFC could be accessed from Fox Drive, rather than Foxridge Lane. Mr. Wooley also inquired about how
the road would work when additional development goes in behind KFC.
It was explained to the residents that direct access to Fox Drive is impossible, because the zoning
ordinance's spacing requirements cannot be met.
Mr. Ruddy stated that development plans are currently underway for the expansion of the Food
Lion and the addition of some retail spaces within the shopping plaza. He said that VDOT, in coordination with
that site plan, is obtaining right-of-way for three -lane improvements to Fox Drive, and continuing to the
intersection with Rt. 522.. Mr. Ruddy said that VDOT is addressing at this time, not only the development of the
KFC, but the development that is occurring on the other side of the road, to make a safe and improved situation
along Fox Drive and its intersection with Route 522.
No action was needed or taken by the Planning Commission at this time.
PROPOSED BOUNDARY LINE ADJUSTMENT BETWEEN FREDERICK COUNTY AND
STEPHENS CITY
Action - Unanimously Endorsed
Mr. Kris C. Tierney, Planning Director, stated that at the June 16, 1998 meeting of the Joint
Stephens City/ Frederick County Planning Committee, a determination on a boundary line adjustment proposal
was reached that was acceptable to both the Town representatives and County representatives; and, the
Committee is now prepared to recommend to both governing bodies that they proceed with the proposed
boundary line adjustment.
Pointing to a map, Mr. Tierney explained that the adjustment involves an area along Fairfax
Pike, in the vicinity of the lime kiln and the quarry, and an area north and east of the current town boundary,
which contains a small sliver of land currently located within the County, but lying between Route 81 and the
eastern edge of the town, that would be conveyed to the Town. He said that a small area at the corner of
Springdale and Passage Roads, currently in the Town, would go into the County. He said that the net acreage
change would result in approximately 350 acres being added to the Town. Mr. Tierney said that the
Commissioner of Revenue's Office has analyzed the proposed change and concluded that there would be no
significant impact to the County's tax base. He said that if the County agrees to pursue the adjustment, the
Town's attorney will draft an agreement which would be reviewed by the county attorney. He concluded by
saying that details of the arrangement would need to be worked out, including surveying portions of the area
intended to be transferred.
Members of the Commission inquired about the pursuit of a boundary line adjustment versus
an annexation and whether or not public hearings would be held.
Frederick County Planning Commission
Minutes of July 1, 1998 Page 230
D. A six (6) foot (1.83 meters) tall opaque fence (board -on -board) or wall may be
substituted for fifty percent (50%) of the plant unit requirement.
E. When existing woodland is located within the entire minimum buffer area, preservation
of the woodland shall be allowed to substitute for the required plant material, provided that:
(1) The woodland meets the minimum size requirement of Table 8-5, and
(2) The visual screen provided by the woodland meets the intent of this code.
802.13 Buffer Areas Against Vacant Properties:
A. If a developing property with a nonresidential use is adjoining a vacant property zoned
residential and/or planned residential, the full buffer width, as identified in Table 8-1, is required.
If the vacant property is zoned and/or planned nonresidential, the buffer may be reduced to the
next lower category. However, at a minimum, Buffer A shall be provided.
B. If a developing property with a residential use is adjacent to a vacant property zoned or
planned residential with a different density than the developing lot, fifty percent (50%) of the
buffer width identified in Table 8-1 is required.
C. For the purpose of applying the reduction in buffer width identified above, a vacant
property is one which is not occupied, nor is the subject of any development activities planned at
the time the buffer reduction is applied..
802.20 Tree Canopy Requirements in General: Preservation or replanting of trees in a
development is required to provide a minimum amount of tree cover which will yield a permanent
environmental and aesthetic benefit to the development. Such cover is calculated at ten (10) year
maturity of the trees.
802.21 Tree Canopy Determination:
A. All developments shall be subject to the tree canopy requirements identified in Table
8-4, unless specifically exempted by the director of Public Works, if the requirement would result
in unreasonable and unnecessary hardship.
B. The tree canopy requirement identified in Table 8-4 can be reduced by twenty-five
percent (25%) for a development which was previously devoid of trees and which was utilized for
agricultural/horticulture or forestry purposes, prior to the submission of an application to rezoning
or submission of a site/subdivision plan.
C. The tree cover requirement can be met by providing basic landscaping in the form of
residential lot planting, parking lot landscaping, street planting, storm water management
landscaping, planting within required buffer and setback areas, replacement planting for
over -clearing, and/or reforestation.
:11 .
D. All landscaping applied toward meeting the tree cover requirement must meet the
minimum size requirements of Section 804.01G. Existing trees applied toward meeting this
requirement shall be a minimum of five (5) feet (1.53 meters) in height.
802.30 Tree Preservation Credit:
A. The preservation of trees is preferred over the replacement of trees. Accordingly, where
preservation of woodland is proposed, credit towards the canopy cover shall be provided in
accordance with Table 8-5. The amount of credit earned is based on the following characteristics
of the area to be preserved:
(1) Environmentally sensitive areas defined as follows:
(a) Wooded, non -tidal wetlands and floodplain areas.
(b) Wooded areas contiguous to and within 100 feet (30.48 meters) of wetlands.
(c) Wooded slopes equal to or greater than twenty-five percent (25%).
(d) Wooded slopes equal to or greater than fifteen percent (15%) with highly
erodible soils and adjacent to intermittent or permanent streams.
(2) An acceptable cover of trees.
(3) A minimum acceptable area to be left undisturbed as defined in Table 8-5.
B. When a tree preservation area for which credit was applied has been disturbed during
construction, it shall be replaced by either (1) an equivalent undisturbed tree preservation area
on -site, or (2) twice the amount of plantings, which would have been required if this area was not
tree cover, originally identified as preservation area.
802.31 Site Planning for Tree Preservation Areas: Tree preservation areas are for the
purpose of retaining undisturbed native forest communities and the benefits associated with them.
For this reason, even the retention of dead and dying plant material within a tree preservation area
is considered desirable, primarily for the wildlife habitat such trees supply. However, this section
shall not be construed to prohibit a developer or builder from removing any dead, dying or
damaged tree that poses a threat to either life or structures, as determined by the director of
Public Works.
A. The following guidelines are to be considered when tree preservation is proposed in a
development area: ;
(1) Preservation of the overall composition of the forest stand. Retaining the dominant
trees and understory is necessary for the health of the stand.
(2) Overall good health, generally free of insects and disease and of structurally sound
condition.
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SECTION 800
BUFFER AREAS, LANDSCAPING, AND TREE COVER REQUIREMENTS
Page
801.00 POLICY
801.01 Intent and Purpose ...................................... 800-1
801.02 Definitions ............................................ 800-1
801.03 Applicability ........................................... 800-2
801.04 Landscape Escrow ...................................... 800-3
802.00 PLANNING AND DESIGN
802.10
Buffer Areas in General ..................................
800-4
802.11
Buffer Width Requirement ................................
800-4
802.12
Buffer Width and Planting Requirements .....................
800-5
802.13
Buffer Areas Against Vacant Properties ......................
800-6
802.20
Tree Canopy Requirements in General .......................
802-6
802.21
Tree Canopy Determination ...............................
800-6
802.30
Tree Preservation Credit .................................
800-7
802.31
Site Planning for Tree Preservation Areas ....................
800-7
802.32
Standards for Field Practices for Tree Preservation Areas ........
800-8
802.33
Dead, Dying or Damaged Trees ............................
800-10
802.40
Basic Landscaping ......................................
800-11
802.41
Nonresidential Landscaping in General .......................
800-11
802.42
Landscape Strip Along Right-of-way .......................
800-11
802.43
Perimeter Parking Lot Landscaping .........................
800-11
802.44
Interior Parking Lot Landscaping ...........................
800-12
802.45
Storm Water Management Facilities .........................
800-13
802.46
Street Planting .........................................
800-15
802.47
Residential Landscaping ..................................
800-15
802.48
Buffering Residential Development From Major Roadways........
800-15
802.50
Screening .............................................
800-16
803.00 LANDSCAPING - SUBMISSION REQUIREMENTS
803.01 General Requirements ................................... 800-16
803.02 Plan Elements ......................................... 800-17
803.03 Substitution of Plant Materials ............................. 800-18
I
804.00 LANDSCAPING - SPECIFICATIONS
804.01 Recommended Specifications ..............................
804.02 Plant Selection Guide ....................................
804.03 Planting ..............................................
804.04 Landscape Planting on Fences and Walls .......................
805.00 TABLES
Table 8-1 Minimum Buffer Area Required .........................
Table 8-2 Buffer Area Width and Plant Requirements ................
Table 8-3 Plant Unit Equivalents ................................
Table 8-4 Required Tree Canopy Cover at Ten Year Maturity ..........
Table 8-5 Tree Preservation Credit ...............................
Table 8-6 On -site Residential Planting Requirements .................
Table 8-7 Residential Buffer for Streets ...........................
810.00 LANDSCAPING - SAMPLE PLANT SCHEDULES AND
CONSTRUCTION AND DESIGN DETAILS
810.01 Sample Plant Schedules and Design Details ................
Schedule A - Buffer Area Planting .......................
Schedule B - Nonresidential Landscaped Strip
Along Right-of-way ...............................
Schedule C - Parking Lot Interior Planting .................
Schedule D - Tree Cover Calculations ....................
Schedule E - Parking Lot Perimeter Area ..................
Schedule F - Residential Requirements ....................
Schedule G - Buffer Areas for Residential Development
Along Major Roadways ...............................
Schedule H - Typical Plant List .........................
810.02[a] Deciduous Tree with Typical Guying
810.02[b]. Slope Planting
810.03 Evergreen Tree
810.04[a] Deciduous Shrub
810.04[b] Evergreen Shrub
810.04[c] Container Shrub
810.05 Street Trees with Curb and Gutter
810.06 Revegetation Standard
810.07 Storm Water Management Facilities
810.08[a] Woven Wire Fence with Filter Cloth
810.08[b] Blaze Orange Plastic Mesh
810.08[c] Three Strand Barbed Wire Fence
810.08[d] Snow Fence
TREE SELECTION GUIDE
ii
800-18
800-19
800-19
800-20
TBL-1
TBL-2
TBL-2 .
TBL-2
TBL-3
TBL-4
TBL-5
800-21
800-21
800-21
800-22
800-22
800-22
800-23
800-23
800-24
B. Tree Cover Requirements: A requirement referring to the preservation and/or planting
of trees within a project to the extent that at maturity of ten years after planting, a minimum tree
cover shall be provided. Compliance with the requirement is encouraged to be achieved by
primarily preserving existing woodland areas and by providing basic landscaping where applicable.
C. Basic Landscaping: The introduction or selective retention of flourishing trees and
shrubs carefully selected and arranged to perform a design purpose or environmental function,
such as controlling visual direction, providing definition to architecture, modifying climate,
filtering air pollution, controlling runoff and erosion, and establishing a wildlife habitat. Trees and
shrubs shall be the primary plant materials to apply to the development of the required landscape
plan. Basic landscaping includes parking lot landscaping, storm water management landscaping,
street planting and residential landscaping and may be counted towards the tree cover
requirement.
D. Screening: A natural or physical barrier, providing a visual separation for loading areas,
trash receptacles, maintenance and storage areas and consisting primarily of opaque fences or
walls, berms and/or evergreen trees and shrubs.
E. Specimen Tree: A tree having a diameter, measured at four and one-half (4.5) feet (1.37
meters) above the ground, of thirty (30) inches (750 millimeters) or more, or a tree having a
diameter measuring seventy-five percent (75%) more of the diameter of the current state
champion of that species. Includes county and state champion trees.
F. Street Planting: Planting used in a specific relationship to the street which defines the
street space with overhead canopy and with a vertical element, i.e., the trunk. Street planting
generally provides a street with an aesthetic appearance, connecting disparate elements along its
course.
G. Tree Preservation Area: A defined area intended for the purpose of preserving an
individual tree or a biotic community dominated by tree species and/or other woody plants.
H. Comprehensive Landscaping Plan: An overall landscaping plan for a large or
multiphased site which shows the locations and dimensions, where appropriate, of all buffers,
screening, tree coverage, and landscaped areas on the site, and which evidences compliance with
the purpose and intent of this section.
801.03 Applicability:
A. Buffer areas, basic landscaping, tree cover requirements, and screening shall be provided
for all development plans, where required by the Zoning Ordinance, and in accordance with
Section 802.00.
800-2
B. On sites for which a comprehensive landscaping plan is submitted and approved, the
comprehensive landscaping plan shall govern development of the site with respect to landscaping
and tree preservation. Where no comprehensive landscaping plan is submitted and approved, the
standards contained in this section shall serve as minimum standards for development. However,
the standards are not intended to be arbitrary or to inhibit creative solutions. Project or site
conditions may arise where normal compliance is impractical or impossible, or where maximum
achievement of the objectives can only be obtained through alternative compliance.
IC. Requests for alternative compliance for any application which does not submit and
obtain approval of a comprehensive landscaping plan shall be accepted for review when one or
more of the following conditions are met:
(1) Topography, soil, vegetation, or other site conditions are such that full compliance
is impossible or impractical, or improved environmental quality would result from the alternative
compliance.
(2) Space limitations, unusually shaped lots, and prevailing practices in the surrounding
neighborhood may justify alternative compliance for in -fill sites, and for improvements and
redevelopment in older communities.
(3) Change of use on an existing site increases the buffer area required by Section
802.00 of this manual more than it is feasible to provide.
(4) Safety conditions make alternative compliance necessary.
D. Requests for alternative compliance shall be submitted to the Office of Planning as part
of the site plan submission requirements and shall be accompanied by sufficient explanation and
justification, written and/or graphic, to allow appropriate evaluation and decision. The alternative
method of compliance must be comparable to the minimum standards in terms of quality,
effectiveness, and durability, and shall be limited to the specific project under review. The
director of Planning shall evaluate the alternatives and accept them or modify them.
E. When a site is developed in phases or sections, each phase or section shall contain the
required basic landscaping, buffer areas, and tree cover requirement, unless a comprehensive
landscaping plan is submitted for the overall project. In such case, it shall be in accordance with
the comprehensive landscaping plan, which was submitted and approved as part of the approved
preliminary residential plan and/or nonresidential sketch plan for the entire site.
801.04 Landscape Escrow:
A. An escrow in the form of cash, letter of credit or bond, as provided for in Section
100.00 of this manual, shall be posted for all required planting shown on the approved landscape
plan. This escrow shall also be used to correct violations for failure to comply with any
requirements of this section or with the approved plan. Refer to Section 802.33 of this manual.
B. This escrow will be released upon acceptance of the site work at the final inspection
performed by the County, but not earlier than one (1) year from the planting date.
:11
0 •
802.00 PLANNING AND DESIGN
802.10 Buffer Areas in General:
A. Certain uses, when adjoining each other, are incompatible and create conflict which may
be reduced or eliminated by appropriate measures. Buffering between incompatible uses
minimizes these conflicts and the adverse impacts of incompatible development. These provisions
are intended to provide a comprehensive, consistent, and flexible system to ensure adequate buffer
areas between adjoining incompatible land uses in all zoning districts, and to promote buffer areas
containing woodland conservation areas.
B. Buffer areas shall be established as separate common open space in residential areas
when conveyed to a homeowners' association or similar entity created to own and maintain the
common open space within the project. Buffers platted within residential lots by deed restriction
shall be located such as to provide the minimum yard depth outside the buffer area required by the
Zoning Ordinance. It is recommended, especially if a homeowners' association is formed, that
buffers are established as separate common open space, rather than being platted within residential
lots.
C. Minimal utility crossings may be included within a buffer area upon approval of the
director of Public Works, as long as comparable performance standards are maintained.
Landscaping with shrubs is permitted in utility easements. However, planting of trees in utility
easements is not allowed, unless specifically approved by the agency controlling the easement.
D. Any expansion of a nonconforming use shall not be permitted within buffer areas, except
as specifically allowed by the Zoning Ordinance.
E. Buffer areas can be penetrated by joint entrances connecting abutting land uses,
providing the ,disturbed area is kept to a minimum.
802.11 Buffer Width Requirement:
A. The buffer area requirements are based on the compatibility between the proposed use
and that of the adjoining property. Table 8-1 identifies the minimum buffer area required to be
provided by a developing property, based on the compatibility of the proposed use with the
existing use of the adjoining property.
B. The buffer width may vary by up to twenty percent (20%) from the minimum width
required at any point along a property line, as long as the buffer area provided remains equal to
the minimum buffer area required along the same property line. The reduction in width shall be
allowed only if the adjoining property has provided the full width of the buffer area applicable to
it.
:11
C. The required buffer area for a developing property may be provided on the abutting
property, if agreed to by the respective owners and the director of Planning. (This does not
release the abutting property from any obligation to meet buffering requirements, should it
become a developing property.) An agreement among the respective owners and the director of
Planning, allocating the present and future buffer areas between the new properties shall be
executed and recorded among the land records.
D. The buffer width required in accordance with Table 8-1 may be reduced for one or more
land bays of a planned mixed use development if the following conditions are met:
(1) The land bays were part of one single preliminary plan and the final plans are
diligently pursued for the individual projects;
(2) The reduction will occur on only one side of the common property line; and
(3) The maximum reduction allowable is from one buffer category to the next lower one
(e.g., from type C to type B or from type B to type A).
802.12 Buffer Width and Planting Requirements: The buffer area plant requirements are
determined from Table 8-2.
A. To achieve the intent of buffers as naturalized native woodlands, the following applies:
(1) A combination of large deciduous trees, deciduous understory and/or evergreen
trees and shrubs shall be used to achieve the desired buffering effect.
(2) All species used shall be indigenous to Prince William County, unless otherwise
approved by the director of Public Works (see Table I-2 in the tree selection guide).
(3) A minimum of thirty percent (30%) of the plant units shall be large deciduous trees.
(4) Guidelines for the spacing of the various categories of trees are given in Table I-4.
(5) Alternative ground covers, in lieu of grasses and the use of mulched beds, are both
encouraged.
B. The proposed combination of plants must yield a total number of plant units equal to or
greater than the requirement for the buffer area type. Plant unit equivalencies are in accordance
with Table 8-3.
C. Where the buffer width will allow, a berm may be substituted for fifty percent (50%) of
the plant unit requirement. The berm should be graded to appear smooth, rounded and
naturalistic. The berm shall be a minimum of four (4) feet (1.22 meters) higher than the elevation
of the adjacent ground. Its slope shall not exceed three -to -one (3: 1), except in unusual situations
where a two -to -one (2: 1) slope would be allowed with special ground cover. In such instance
where the reduction in plant units applies, at least fifty percent (50%) of the plant unit
requirement shall be evergreen trees.
800-5
PROPERTIES, INC. 1625 Apple Blossom Drive
Winchester, Virginia 22601
703-665-0405
June 26, 1998
Mr. Michael T. Ruddy
Frederick County Planning Office
107 N. Kent Street
Winchester, VA 22601
VIA FACSIMILE (540) 679-9692
RE: KRA Purchase of 5.215 Acres, Fox Drive
File #10493
Dear Mike:
ice L.L.C. is the owner of a 5.215 acre tract
Chickl
ch
KRA Food Sery en
.3 square feet has been set aside for the new Kentucky
41,853 q
site.
ood that Foxridge Lane will not have to be upgraded at
It is understood aired for development of the remaining
this point in time. However, if required e e Lane shall be constructed or bonded to the Deed of
standard that
4.245 acres, Foxridgystem as required by
would enable acceptance into the Sand recorded inDeed Book 759, at Page
Dedication Dated march 29, 1991
356.
Very truly yours,
os ' h A. Allen
/General Manager
JAAljbp
• Kentucky Fried Chicken, Inc. • Hampton Inn • Allen Food Services, Inc. • Arby's
0
•
Department of Planning and Development
540/ 665-5651
FAX: 540/ 678-0682
July 13, 1998
Mr. Steve Gyurisin
Gilbert W. Clifford & Associates, Inc.
200 North Cameron Street
Winchester, VA 22601
RE: Approval of Kentucky Fried Chicken Site Development Plan 9032-98
Dear Steve:
The Frederick County Planning Department administratively approved the above referenced site plan, 4032-98,
on July 10, 1998. This site plan, for the development of a fast food restaurant with a drive-thru window, meets
all County requirements for development within the B2 (Business General) zoning district. The site plan also
calls for the provision of forty (40) parking spaces, parking lot landscaping, a B Category zoning district buffer
adjacent to the RP(Residential Performance) zoned land to the south, and provisions for shared access to Fox
Drive along Foxridge Lane and through the Sheetz property.
The site plan also provides for the continuation of Foxridge Lane to serve the rear of parcel 42-A-195. Prior to
any subdivision of parcel 42-A-195, the Russon property, or future development beyond the KFC, Foxridge
Lane shall be constructed or bonded to a standard that would enable acceptance into the state system as shown
on this site plan and as required by the Deed of Dedication dated March 29, 1991 and recorded in Deed Book
759, at page 3 56. Alternate means of access to the remainder of the Russon property may be implemented if
deemed appropriate, and approved, by Frederick County.
I have provided you with several copies of the approved site plan. Please forward these approved plans to the
owner and advise the owner to keep an approved copy for their files and maintain an approved copy on the
construction site. Once the site development has been completed, the owner should contact this office to
schedule an on -site inspection.
Please contact me if you have any questions regarding this letter.
Sincerely,
Michael T. Ruddy,
Planner H
MTR/cc
CC". Richard C. Shickle, Gainesboro District Supervisor
Joe Wilder, Public Works - — - ---- - - -
Jane Anderson, Real Estate
Garland Miller, E.D.C.
Joseph A. Allen, Allen Properties, Inc.
107 North Kent Street • Winchester, Virginia 22601-5000
INCORPORATED 1972 ..[aiC39
Engineers — Surveyors — Land Planners — Water
Quality
23 June 1998
Mike Ruddy
Frederick County PlanningDe �� orD;rery;
107 N. Kent Street Partment President:
Winchester, VA 22601 Thomas J. o•Toole, P.E.
Vice Presidents:
Re: Charles E. Niaddox, Jr., P.E.
Kentucky Fried Chicken Earl R- Sutherland, P.E.
Ronald A- Mislowsky, P.E.
Dear Mike, David J. Saunders P.E.
Directors:
I've attached a final set of plans for the future KFC P. Duane Brown, L.S.
William L. Wriest
Review Agencies except slte on Fox Drive. Michael A. xamn,�
Works, p VDOT and a Land Disturbance Pe This plan has been approved b
Permit has been issued by Frederick County Public
I've attached copies of
FCSA approval lthe approval letters for your file. T
etters are addressed on this set of plans.
The comments mentioned in the Public Works and
Concerning VDOT's approval,
approve it except for our c I've spoken to Barry Lane
and he is satisfied with the extension, which is recordedwithhe deed t The Developer's
g ane which relate to the plan for the Foxridge Lane
recorded drawings of Foxridge Drive, which you attached the s
developed the ings o a lan dtoattorney (Ben Butler
g p and presented it to The Planningstaff comments,� and I have discussed the
e all
agree that the approved plan allows, but does not requie, he own with Charles Maddox, who
road if it is required to access a developed site o the north. Commission h and Board of Supervisors. road, we are under no obligation to build it. Should it be required owner of the Russon tract, to build the curved
have to be reconstructed per As the KFC proposal does not r�ry•>;rA tl,;�
ensuring all reconstructed the KFC Facilities are re uir the curvingq ed In the future, the entire Fox oPw
site plan super -imposed the Foxrid e Lan We have made provisions for this future
road route. I ve attached i plan that
that the KFC entrance configurationg Lane.plans. If the curved road is never
can remain and meets their requirements. built, VDOT
I 1 hope this answers any question
p ease feel free to contact Steve G which you might have. If you would like to discuss then
yurisin or me.
Regards,
gilbert w. Clifford & associates, inc.
aid A. Mislowsky, P.E. Vice Prest en'�
RAMAak
attachments
cc: Ben Butler
Dave Ervin
Cb
cs
200 North
Cameron Street, 540) 667-2139 Fax (540) 665-0493 e-mail
Winchester, Vir
�a 22601
Member American ConsuhingEngingws�4mnsinc.com
ilberA. Clifford & associatefoinc
INCORPORATED 1972
Engineers — Land Planners — Water Quality
1 August 2002
Mr. Eric Lawrence
Frederick County Planning
107 N. Kent Street
Winchester, Virginia 22601
RE: Foxe Towne Plaza PMDP
Dear Eric,
Board of Directors:
President:
Thomas J. O'Toole, P.E.
Vice Presidents:
Charles E. Maddox, Jr., PR
Furl R. Sutherland, P.E.
Ronald A. Mislowsky, P.E.
David J. Saunders, P.E.
Directors:
William L. Wright
Michael A. Hammer
Thomas W. Price
Please find attached 25 copies of the Preliminary Master Development Plan of Foxe Towne Plaza located at the
intersection of Fox Drive, Route 522 and Route 37. All comment sheets are attached except for Planning along
with a check in the amount of $1,525.96 per County filing requirements.
If I can answer any questions please give me a call anytime.
Sincerely,
Z
, Clifford & associates, inc.
ozo
Thomas W. Price
TWPIkf
Enclosure
117 East Piccadilly Street, Suite 200, Winchester, Virginia 22601
(540) 667-2139 Fax (540) 665-0493 e-mail gwcaram@earthlink.net
Member American Consulting Engineers Council
ti
Patton Harris Rust & Associates
Engineers. Surveyors. Planners. Landscape Architects.
117 East Piccadilly Street
PH R+A Winchester, Virginia 22601
T 540.667.2139
F 540.665.0493
To:
Organization/Company:
From:
Date:
Project NamelSubject:
PHR+A Project file Number:
Memorandum
Richard Shickle, Vice President of Administration & Finance
Shenandoah Univi
Ron Mislowsky, P
September 11, 2009 '
Foxtowne Plaza
cc: Erik Beatley
As requested by Mr. Joe Allen, I have enclosed a copy of the Master Plan for Foxtowne Plaza. You can see the
cul-de-sac provided at the request of Planning staff. As I remember, VDOT was satisfied with a hammerhead
turn around.
If you have any questions, please feel free to call.
'e O
W SIDE PERIMET 0BN'DRY
........ ._..................
EX. ZONE: RP!
Use: Vacant
N'F LUTTFII iLL
PESVEN SEPARATION BUFFER REO D
Active - 75' :Inactive
�0.LAC_? ACT TO BE�SUBDIVIDED T
E�OWNER AS PART OF SUBDI IS
tt r �Ts
f
Sho6NTlQ Center
PIN,
TOT LdT
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x. Zone:
se l sIaiin al
DN N/F BAILEY
Zone: '
Resid tial
ADA
- ,
PROP. 8^ 3 �
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PrOPOsQ4 CO�mercial Entrance
i
EX. 8I WATER WIN
hY OUTLOTS FCjR CpMMERCIAL
`• '� �L PMENT
I /
i
�►I .,cwop
IL
i
DISTRICT BUFFER REO'D
(See Detail)
W PnTTQ
EX. ZONE: B-2
Use: ,vacant
0007's4" W-19o.o' ; �.
,COTE: THIS AR SUBJECT TO DEDICA
TO'PRED . FOR INSTAU AT10N OI
STATE MAINTAINED STREET TO VDOT
COUNTY PLANIWt
�- PROP. Q",SAN. SEWER
PROP. 8" SAN. SEWER
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EXHIBIT "A"
SITE PLAN PROPOSAL FFUTURE PROPOSAL
SCALE:
SCALE: 1- 50, 50-
CAL
VIRGINIA: FREDERICK COUNTY, SCT.
This instrument of writing was produced
tome on the
with certificate
of acknowledgment thereto annexed was
admitted to record.
CLERK
COUNTY of FREDERICK
Department of Planning and Development
5401665-5651
FAX: 540/ 665-6395
I AIFICAVIONI OF PUBLIC MEMEMNIG
August 21, 2002
TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNERS(S)
RE: MASTER DEVELOPMENT PLAN #05-02 OF FOXE TOWN PLAZA
On behalf of the Frederick County Planning Commission, you are hereby notified of a public meeting
being held on Wednesday, September 4, 2002, at 7:00 p.m. in the board room of the Frederick
County Administration Building at 107 N. Kent Street, Winchester, Virginia. This meeting is to
consider Master Development Plan #05-02 for the Foxe Towne Plaza, submitted by submitted by
G. W. Clifford & Associates, Inc., to develop a 5.649-acre tract for commercial uses. The property
is located southeast of the intersection of North Frederick Pike (Route 522 N) and Rt. 37, and to the
west of Fox Drive (Route 739), and is identified with Property Identification Number 42-A-195 in
the Stonewall Magisterial District.
Any interested parties may attend this meeting. A copy of the application will be available for review
at the Handley Library approximately one week before the meeting, or at the Department of Planning
and Development located at 107 North Kent Street in Winchester, Virginia.
Sincerely,
Jeremy F. Camp
Planner II
JFC/ch
0AAgendas\Adjoiner Ltrs\2002\MDP\Foxe Towne Plaza.wpd
107 North Kent Street • Winchester, Virginia 22601-5000
This is to certify that the attached correspondence was mailed to the following on
B• a � cj;� from the Department of Planning and Development, Frederick
County, Virginia: --- - - - --
_ 42 - 4- • A-
53F 1. 28- EMMART, W. H. & SONS, INC.
COTTERELL, CHRISTOPHER S & JULIE A PO BOX 2247
100 RIDGE CT WINCHESTER, VA 22604-1447
WINCHESTER, VA 22603.4210 i 42 - A• - 195-
53F 1- - 15. KRA FOOD SERVICES, LLC
KAY, JOHN B
101 RIDGE CT
WINCHESTER, VA 22603.4210
53F - I. - 14-
KOSCHENE, WEBB A
100 FOX CT
WINCHESTER, VA 22601
53F - I. - 1-
ARMSTEAD, JACQUELINE M
600 DE LA MONTAGNE #509
MONTREAL QUEBEC H3C 4S4 CANADA 00000
53 - A- . 42-A
BAILEY, EARL S JR
851 FOX DR
WINCHESTER, VA 22603.4270
1625 APPLE BLOSSOM DR
WINCHESTER, VA. 22601.5185
42 - A- - 195-A
HALL, TRACY
& HOWARD, ERIN
190 FOXRIDGE LN
WINCHESTER, VA 22603.4201
42 -5- - C-2
LONG RURAL INTERNATIONAL LIMITED PR
CIO THE LONG PROPERTY COMPANY
PO BOX 2263
j MIDDLEBURG, VA 20118-2263
42 - A- - 196- I
FERRIS, HENRY J. & EVELYNE D. -
CIO SHEETZ, INC. j
5700 6TH AVE
ALTOONA, PA. 16602.1111
STATE OF VIRGINIA
COUNTY OF FREDERICK
42 - A- - 197-
STINES CHAPEL
729 ROUND HILL RD
WINCHESTER, VA.
J remy F. Camp, Mann r II
Frederick Co. Planning Dept.
22602.2236
III rTf I " lY) NU l 1 , a Notary Public in and for the State and County
aforesaid, do hereby certify that Jeremy F. Camp, Planner II for the Department of Planning and
Development, whose name is signed to the foregoing, dated —T) - �) � - () S� , has
personally appeared before me and acknowledged the same in my State and County aforesaid.
Given under my hand this a Izj- day of N'I(a awa
My commission expires on ) �j
dj
ARY PUBLIC
6
42 - A- - 198-K
H N FUNKHOUSER, INC
2150 S LOUDOUN ST
WINCHESTER, VA 22601
53D - 3- - 6-
DOERING INVESTMENTS, LC
343 WINDSOR LN
WINCHESTER,VA 22602
42 - A- - 194-
BENHAM, HARRY K III TRUSTEE
BROCKTON LAND TRUST
PO BOX 809
WINCHESTER, VA 22604.0809
53 - A- - 42-
CARPENTER, MICHAEL D
181 FOXRIDGE LN
WINCHESTER, VA 22603-4208
Gilbert W. Clifford & Assoc., Inc.
Attn: Charles Maddox
117 E. Piccadilly Street, Suite 200
Winchester, VA 22601
• Foxp T ►�in2 Aa,-7-A&
a -1
ID#
Name/Address
Zonin
Use
53F-1-28
Christopher & Julie Cotterell, 100 Ridge Court, Winchester, VA 22603
R4
Residential
53F-1-15
John B. Kay, 101 Ridge Court, Winchester, VA 22603
R4
Residential
53F-1-14
Thomas Murray, 100 Fox Court, Winchester, VA 22603
R4
Residential
53F-1-1
Jacqueline Armstead, 600 DeLa Monta ne #509, Montreal, Quebec
R4
Residential
53-A-42A
Earl Bailey, 851 Fox Drive, Winchester, VA 22603
RP
Residential
42-A-196
Henry& Evelyn Ferris, 5700 6 th Avenue, Altoona, PA 16602
B-2
Vacant
42-4-A
P.O. Box 2247, Winchester, VA 22604
B-2
Commercial
42-A-195
KRA Food Services, Inc., 1625 Apple Blossom Drive, Winchester, VA 22603
B-2
Vacant
42-A-195A
Tracey Hall & Howard Erin, 190 Fox Ridge Lane, Winchester, VA 22603
RP
Residential
42-5-C2
Long Rural International Limited, 14800 Conference Center Dr. 4204, Chantilly, VA 20151
B-2
Reli ious
42-5-Cl
Long Rural International Limited, 14800 Conference Center Dr. 4204, Chantilly, VA 20151
B-2
Religious
42-A-197
Stine's Chapel, 729 Round Hill Road, Winchester, VA 22602
B-2
Religious
42-A-198K
Space, LLC c/o Thomas Moore Lawson, PC, 160 Exeter Drive, Suite 103, Winchester, VA 22603
B-2
Vacant
53D-3-6
Doering Investments, LC, 343 Windsor Lane, Winchester, VA 22602
B-2
Commercial
42-A-194
Harry K. Benham III, Trustee, P.O. Box 89, Winchester, VA 22604
RA
Vacant
-1' 53 R - `i 22
TO: Barbara in Data Processing
FROM: Carol Huff - Planning Department
Please print sets of labels by:
THANK YOU!!
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