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HomeMy WebLinkAbout05-87 Grove Heights (Revised) - Shawnee - Backfile (2)Foit -8kavu , qn• , COUNTY of FREDERICK Departments of Planning and Building 703/665-5650 M E M O R A N D U M TO: Lawrence Ambrogi, County Commonwealth Attorney Roy Jennings, County Assessor Robert Watkins, Planning Director '7 FROM: Stephen Gyurisin, Planning Deputy Director SUBJECT: Open Space Easements DATE: June 1, 1988 Please let me know your expert opinion on the attached concerns and issues proposed by Mr. Eric E. Zicht, designer of the Grove Heights Subdivision. This matter will be discussed and presented to the Planning Commission as soon as we hear from you. We would like to place this item on the next Planning Commission agenda, please try to let us know your opinions by June 9, 1988. If you have any questions, please call. Thank you. SMG/dkg Attachment 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 ap�Ol�c�49�-�,o���fer�k13 fiq� ��� OPEN SPACE Common vs. Easement TAXES The "Open Space" restriction on development, whether by restrictive easement or by common holding, reduces property values and consequently potential property tax revenues to the municipality. With commonly held open space, the common area has value only for recreation and scenery. If adjacent properties are judged to have higher values due to proximity, some of the losses may be recovered. With easements on individual lots, some of the tax revenues are recovered through having nominally larger lots. A 2 acre lot is worth more than a 4 acre lot even if half of the larger lot is protected open space. RESIDENTS ASSOCIATION With common open space, a residents association must be established if only to collect dues in order to pay taxes on the commonly held lands. Dues are usually uniform, whereas benefits are not. Those residents living next to open space obtain greater benefits, while those living further away may not enjoy the amenities. The residents association can be a nuisance and a source of neighborhood friction. They must set and collect dues and decide how to spend revenues. Not everyone will agree as to the amount of dues or what levels of main- tenance or improvements (tot lots, etc.) should be funded. Then again, the resident's association can form a nucleus for neighborhood activity and civic pride. PROTECTION & ENFORCEMENT OF OPEN SPACE There are four levels of enforcement available: 1) The lot -owner 2) Other residents of the subdivision 3) A resident's association 4) The County Using "common open space", the resident's association is a strong police body as long as a majority of resident members have a personal interest. Individual lot owners (1) have little voice because they do not own the land. Friction can develop when the resident's association fails to maintain the land to the adjoining lot owner's satisfaction. (2) Also, adjoining lot owners have a tendency to trespass, dumping lawn clippings in the common area Page 2 Open Space (Common vs. Easement) or claiming portions of the common area for their own use. Often, the adjoining lot owners object to children and others using the open space adjoining their lots, as this reduces their privacy and security, and can affect their scenery. With easements over individual lots, there need not be a resident's association. (3) Most enforcement and protection of open space will be by the individual lot owner. Maintenance of open areas will be less uniform and there will not be common access. Other residents can enforce regulations to prevent abuses (clearing junk) of open space easements through the subdivi- sion's restrictive covenants. t 0 COUNTY of FREDERICK Departments of Planning and Building 703/665-5650 December 16, 1988 TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) The Application Of: Pembridge Heights (formerly Grove Heights) Revised Final Master Development Plan #005-87 and Final Subdivision Plat: For: Single-family cluster housing, zoned RP, located on the north side of Route 50 East near Route 781, in the Shawnee Magisterial District. This revised master development plan and subdivision plat will be considered by the Frederick County Planning Commission at their meeting of December 21, 1988, at 7:00 p.m., in the Board of Supervisors' Meeting Room, the Old Frederick County Court House, Winchester, Virginia. Any interested parties having questions or wishing to speak may attend this meeting. Sincerely, Robert W. Watkins Director RWW/dkg 9 Court Square - P.O. Box 601 Winchester, Virginia - 22601 -! This is to certify t* the attached correspondence w nailed to the following on December 16, 1988 from the Department of Planning and evelopment, Frederick County, Virginia: Artrip, Woodrow & Olive Rt. 6, Box 206 Winchester, VA 22601 Kline, Anna Virginia Rt. 6, Box 204 Winchester, VA 22601 Bartley, A.J. & Dollie G. Rt. 6, Box 203 Winchester, VA 22601 Davis, Griffin L. & Estella L. 1568 Yale Drive Winchester, VA 22601 Baine, Frank N. & Florence H. 1544 Yale Dr. Winchester,,VA 22601 Fuhrmann, Vicki P. 1532 Yale Dr. Winchester, VA 2260.1 Grandison, Maynard R. & Diann 1.. 1520 Yale.Dr. Winchester,'.VA 22601 STATE OF VIRGINIA COUNTY OF FREDERICK Neumann, Helmut C. & Emily D. 1508 Yale Dr. Winchester, VA 22601 Bryant, Barry W. & Paula J. 1494.Yale Dr. Winchester, VA 22601 Sorrell, Gregory & Jean 1419 Yale Dr. Winchester, VA 22601 -:Shields, Jerry G. & Paulette B. 1119.Harvard Dr. .Winchester, VA 22601 Sadler, Georgia C. & Dudley C. .612 S. Jackson St. Arlington, VA 22204 Newcome, Leonard D. & Virginia G. 1470 Yale Dr. Winchester; VA 22601 Robert W. Watkins, Director Frederick County Dept. of Planning I, )iaGao kV , a Notary Public in and for the state and county aforesaid, do hereby certify that Robert W. Watkins, Director for the Department of Planning and Development, whose name is signed to the foregoing, dated �Q�eanC��F j� . /9�� , has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this 16 ,� day of 1988. My commission expires on 5,0- --fe"t r;?u NOTARY PUBLIC Molden Rea state Corp. eorge W. O'Rear *t. 2400 Valley Avenue 6, Box 208 Winchester, VA 22601 Winchester, VA 22601 Bly, Evelyn W. Estella L. Dykes 1177 Vassor Circle Rt. 6, Box 205 Winchester, VA 22601 Winchester, VA 22601 Webster, Roger D., Sr. & Maureen A. Timothy Kidd P.O. Box 3013 1556 Yale Drive Winchester, VA 22601 Winchester, VA 22601 Carl, William F., Jr. Edward L. Fishel 1104 Harvard Dr. 1429 Yale Drive Winchester, VA 22601 Winchester, VA 22601 David K. Eller Price, Hugh & Ida M. 1420 Yale Drive 1134 Harvard Dr. Winchester, VA 22601 Winchester, VA 22601 Miller, Edward K. ET ALS John Gregory 1834 Valley Ave. 3792 Melody Lane 21740 Winchester, VA 22601 Hagerstown, MD Winchester Golf Club Box 2076 -Winchester, VA 22601 W � v c, ,este_r '(P` 2.2601 Apple Blossom Properties Limited Partnership 6101 Montrose Rd. , Sw' "O Rockville, MD 20852 Kidwell, Paul L. & Linda Jean 1168 Princeton Dr. Winchester, VA 22601 Nicholson, Albert L. HC-38, Box 135 Winchester, VA 22601 Carroll, James H. P. 0. Box 3;z31 -Winchester, VA 22601 C & S Steel & Fabricating, Inc. P.O. Box 2037 Winchester, VA 22601 College Park Church of Christ Route 6, Box 207 Winchester, VA 22601 Shenandoah College and Conservatory of Music Millwood Pike Winchester, VA 22601 PLANNNG COUNTY OF FREDERICK 9 COURT SQUARE P. O. Box 601 WINCHESTER. VIRGINIA 22601 s Edward L. Fishel 1429 Yale Drive Winchester, VA 22601 DEC 16,188 ;z V, oGt2943ir . RE"i'I_tRN TO SENDER I" ORWARDINO ORDER EXPIRED RETURN TO =ENDER: COUNTY of FREDERICK Departments of Planning and Building 703/665-5650 December 16, 1988 TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) The Application Of:. Pembridge Heights (formerly Grove Heights) Revised Final Master Development Plan #005-87 and Final Subdivision Plat: For: Single-family clusterhousing, zoned RP, located on the north side of Route 50 East near Route 781, in the Shawnee Magisterial District. This revised master development plan and subdivision plat will be considered by the Frederick County Planning Commission at their meeting of December 21, 1988, at 7:00 p.m., in the Board of Supervisors' Meeting Room, the Old Frederick County Court House, Winchester, Virginia. Any interested parties having questions or wishing to speak may attend this meeting. Sincerely, Robert W. Watkins Director RWW/dkg 9 Court Square - P.O. Box 601 Winchester, Virginia - 22601 ol , 100, 0 0 Cl PLANNING COUNTY OF FREDERICK 9 COURT SQUARE P. O. Box 601 WINCHESTER. VIRGINIA 22601 D \j 7988 or at,141111110 /Iva i ,A Sorrell, Gregory & Jean 1419 Yale Dr. Winchester, VA 22601 -:�'DEC 16'88 u. i 3 ------ — ----- - FORWARDING TIME EXPIRM SORRELL 1S.5 LINeROOK DR WINSTON-SH"LEN NO 2*710C-45.-38 RETURN TO SENDER 0 • COUNTY�,of P REDERICK Departments of Planning and Building 703/665-5650 December 16, 1988 TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) The Application Of:. Pembridge Heights (formerly Grove Heights) Revised Final Master Development Plan #005-87 and Final Subdivision Plat: For: Single-family cluster housing, zoned RP, located on the north side of Route 50 East near Route 781, in the Shawnee Magisterial District. This revised master development plan and subdivision plat will be considered by the Frederick County Planning Commission at their meeting of December 21, 1988, at 7:00 p.m., in the Board of Supervisors' Meeting Room, the Old Frederick County Court House, Winchester, Virginia. Any interested parties having questions or wishing to speak may attend this meeting. Sincerely, Robert W. Watkins Director RWW/dkg 9 Court Square - P.O..Box 601 Winchester, Virginia - 22601 PLANNING COUNTY OF FREDERICK 9 COURT SQUARE C U C P. O. Box 601 eSJY" �' s DEC �V'66 6'88 U WINCHESTER. VIRGINIA 22801 1294 f '9 0 Apple Blossom Properties Limited Partnership Suite 400 6101 Montrose Rd. Rockville, MD 20852 IC.1" -` o�� 000 .tea--��..�,_..--�..� •._...__.,__.�-� nI • 0 December 16, 1988 TO THE APPLICANT(s) and/or ADJOINING PROPERTY.OWNER(s) ,': . ". COUNTY of FREDERICK' Departments of Planning and Building 703/665-5650 The Application Of:. Pembridge Heights (formerly Grove Heights) Revised Final Master Development Plan #005-87 and Final Subdivision Plat: For: Single-family cluster housing, zoned RP, located on the north side of Route 50 East near Route 781, in the Shawnee Magisterial District. This revised master development plan and subdivision plat will be considered by the Frederick County Planning Commission at their meeting of December 21, 1988, at 7:00 p.m., in the Board of Supervisors' Meeting Room, the Old Frederick County Court House, Winchester, Virginia. Any interested parties having questions or wishing to speak may attend this meeting. Sincerely, Robert W. Watkins Director RWW/dkg 9 Court Square - P.O. Box 601 Winchester, Virginia - 22601 Lj �4�GX C�� COUNTY of FREDERICK Department of Planning and Development kob4rW.,i Planning Director `1• Stephen M. Gyurisin - Deputy �Director 1758 7031G1,5-,r-1-51- LAND DISTURBING PERMIT For land disturbing activity at T)'ev' 'ev �Uw �� e►���5 �J6 PLOk45) ISSUED TO: ✓V-V -C1� , -L.. a C-- who has met all requirements of the Frederick County Erosion and Sedimentation Control Ordinance as certified by the Frederick County Department of Planning and Development. Approving Signature Date: NOTICE OF RIGHT TO INSPECT An agent of the Frederick County Department of Planning and Development shall be permitted entry to the site of the land - disturbing activity to inspect the control measures shown in the approved plan. Signature of Applicant Date: `D17 �U U NOTE: Issuance of this permit does not constitute approval of the site plan. This permit is for land disturbance only. 9 Court Sauare - P.O. Box 601 - Winchester, Virginia = - 22601 � AGREEMENT THIS AGREEMENT, made this - day of by and between Z5,/01-ivelli 7, , 19 Be party (parties) of the first part; and the COUNTY OF FREDERICK, VIRGINIA, party of the second part; WHEREAS, in consideration of 'the approval by the party of the second part of tqis Virginia land disturbance plan and permit known as h�✓/ON i5Aj�� and the party of the second part -requiring the following work to be completed during the land disturbance construction & before final occupancy, the party (parties) of the first part, his or its heirs and assigns agree to do the following work. 1. Provide for the adequate control of erosion and sedimentation by temporary and permanent control practices and measures which will be implemented during all phases of clearing, grading, and construction, all conformity with the Virginia Erosion and Sediment Control Law, Title 21, Chapter 1, Article 6.1 of the Code of Virginia and local code laws. 150' 'DcVt5 io 2. To provide Erosion and Sediment Control as per,_%-i-e-93-a-n- # In testimony whereof, the party of the first part has hereunto caused its corporate names. and s als to be hereunto affixed, for and in its behalf, by%•rl✓�� /11��� , duly attested by , and caused this agreement to be acknowledged and delivered for and in its behalf. CORPORATION BY /-� (SEAL) Attest: STATE OF VIRGINIA COUNTY J. OF FREDER/I�CK I /Vz/), th ",SAtat9, aA/�ou/pty aforesaid, , a Notary Public in and for ereby certify that whose names are signed to the foregoing agreement, this day personally appeared before me in my State and County aforesaid and acknowledged the same. Given under my hand this 1„6L-- day of , 19 NOTARY PUBLIC My Commission Expires Fyn Agreement Page 2 In testimony whereof, the party of the second part has hereunto caused its body corporate s and s a o be _hereunto affixed, for in its behalf, by -- and , its Planning Director, duly attested b , its Deputy Planning Director and caused t eem nt� b acknowledged and delivered for and in it beh if by its s Director and Deputy Director. WITNESS THE FOLLOWING SIGNATURE AND SEAL: COUNTY OF FREDERICK, VIRGINIA BY nANNIITG DIRECTOR Frederick County Department of Planning and Development (SEAL) STATE OF VIRGINIA COUNTY OF FREDERIC I, Mxu! J(44t6�1, a Notary Public in and for the State and Coufity aforesaid, do hereby certify that this day T �11 a aY befoY) re me in my said County, at Planning Director of the Frederick Co ty Depa t e off anning and Development and Deputy Director of the..Frederick County ep tment cW Pi ning and Development, whose names are signed to the and h re u o nnexed agreement dated 60 and each then and there personally and severally ac now ed ed the said agreement for and on behalf of the said County of Frederick, Virginia, and acknowledged that the seal thereto affixed is the true and genuine seal of the County of Frederick, Virginia. Given under my hand this day of , 190.0 . My commission expires _ day of , 19�. 77) -e 15 I-Trtryl w COUNTY of FREDERICK Departments of Planning and Building 703/665-5650 M E M O R A N D U M TO: Lawrence Ambrogi, County Commonwealth Attorney Roy Jennings, County Assessor Robert Watkins, Planning Director FROM: Stephen Gyurisin, Planning Deputy Director �� SUBJECT: Open Space Easements DATE: June 1, 1988 Please let me know your expert opinion on the attached concerns and issues proposed by Mr. Eric E. Zicht, designer of the Grove Heights Subdivision. This matter will be discussed and presented to the Planning Commission as soon as we hear from you. We would like to place this item on the next Planning Commission agenda, please try to let us know your opinions by June 9, 1988. If you have any questions, please call. Thank you. SMG/dkg Attachment 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 0 OPEN SPACE Common vs. Easement TAXES The "Open Space" restriction on development, whether by restrictive easement or by common holding, reduces property values and consequently potential property tax revenues to the municipality. With commonly held open space, the common area has value only for recreation and scenery. If adjacent properties are judged to have higher values due to proximity, some of the losses may be recovered. With easements on individual lots, some of the tax revenues are recovered through having nominally larger lots. A 2 acre lot is worth more than a 4 acre lot even if half of the larger lot is protected open space. RESIDENTS ASSOCIATION With common open space, a residents association must be established if only to collect dues in order to pay taxes on the commonly held lands. Dues are usually uniform, whereas benefits are not. Those residents living next to open space obtain greater benefits, while those living further away may not enjoy the amenities. The residents association can be a nuisance and a source of neighborhood friction. They must set and collect dues and decide how to spend revenues. Not everyone will agree as to the amount of dues or what levels of main- tenance or improvements (tot lots, etc.) should be funded. Then again, the resident's association can form a nucleus for neighborhood activity and civic pride. PROTECTION & ENFORCEMENT OF OPEN SPACE There are four levels of enforcement available: 1) The lot -owner 2) Other residents of the subdivision 3) A resident's association 4) The County Using "common open space", the resident's association is a strong police body as long as a majority of resident members have a personal interest. Individual lot owners (1) have little voice because they do not own the land. Friction can develop when the resident's association fails to maintain the land to the adjoining lot owner's satisfaction. (2) Also, adjoining lot owners have a tendency to trespass, dumping lawn clippings in the common area Page 2 Open Space (Common vs. Easement) or claiming portions of the common area for their own use. Often, the adjoining lot owners object to children and others using the open space adjoining their lots, as this reduces their privacy and security, and can affect their scenery. With easements over individual lots, there need not be a resident's association. (3) Most enforcement and protection of open space will be by the individual lot owner. Maintenance of open areas will be less uniform and there will not be common access. Other residents can enforce regulations to prevent abuses (clearing junk) of open space easements through the subdivi- sion's restrictive covenants. COUNTY of FREDERICK Departments of Planning and Building 703/665-5650 M E M O R A N D U M TO: Lawrence Ambrogi, County Commonwealth Attorney Roy Jennings, County Assessor Robert Watkins, Planning Director FROM: Stephen Gyurisin, Planning Deputy Director SUBJECT: Open Space Easements DATE: June 1, 1988 Please let me know your expert opinion on the attached concerns and issues proposed by Mr. Eric E. ?icht, designer of the Grove Heights Subdivision. This matter will be discussed and presented to the Planning Commission as soon as we hear from you. We would like to place this item on the next Planning Commission agenda, please try to let us know your opinions by June 9, 1988. if you have any questions, please call. Thank you. SMG/dkg Attachment 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 PACIULLI, SIMMONS & ASSOCIATES, LTD. 9 — 706 South King Street, Suite 4, Leesburg, Virginia 22075 Telephone (703) 777-2755 and Metro number 478-8015 OFFICES LOCATED IN FAIRFAX, LEESBURG AND RICHMOND, VIRGINIA I 1 Howell B. Simmons, PE LS Joseph G. Paciulli Edward R. Addicott, PE Edward L. Johnson, LS M.Christine Oakley Jo ?�242 John William Ewing, PE Tod Kolankiewicz W. Wesley Perkins Lonny D. Sturgeon Eric E. Zicht, PE LS May 20, 1939 b Mr. Stephen M. Gyurisin Deputy Director Department of Planning and Development P.O. Box 601 9 Court Square Winchester, Virginia 22601 Re: Grove Heights Dear Steve: J. Owens Berry 1875-1903 Joseph Berry 1903-1958 Orlo C. Paciulli, Jr. 1958-1981 Per our phone conversation on Wednesday, I am enclosing ten copies of our revised Final Master Development Plan for your review and approval. The issue of common open space vs. easements will not affect our road and utility layout and consequentially our engineering design could proceed without this matter being finalized. We are, however, eager to commence construction plans as soon as possible. Therefore, we are primarily concerned about having the road and utility network approved so that we may move forward with our engineering design of the project. Thank you for your help. Sincerely, eaj X4 C. Mark Seager Enclosure cc: Mark Nelis CMS/cc Engineers, Planners, Surveyors, Landscape Architects M r-I L--.A PACIULLI, SIMMONS & ASSOCIATES, LTD. 706 South King Street, Suite 4, Leesburg, Virginia 22075 Telephone (703) 777-2755 and Metro number 478-8015 OFFICES LOCATED IN FAIRFAX, LEESBURG AND RICHMOND, VIRGINIA Eric E. Zicht, PE LS gj J ' "'+�%Afs� J. Ovens Berry 1875.1903 rr MAY, g88 Joseph Berry Howell B. Simmons, PE LS J 1958 Joseph G. Paciulli . no1903 c\1 REC0VF- Edward R. Addicott, PE ' DEFT, Of PLANNING t Orlo C. Paciulli, Jr. Edward L. Johnson, LS �n WD BWLDING ""1 1958-1981 May 10, 1988 Stephen M. Gyurisin Deputy Director Department of Planning Development County of Frederick P.O. Box 601 Winchester, Virginia 22601 RE: Grove Heights Open Space Dear Mr. Gyurisin: We appreciate all of your assistance regarding Grove Heights subdivision. We are proceeding with design based on the revised road and lot layout presented last Wednesday to the Planning Commission. The second issue we raised concerned treatment of open space: whether it should be placed in common trust or whether restrictive easements could be used over individual lot areas. Each has its advantages and defects. A case could probably be made either way. Our preference is for easements. Our reasons are: 1. Some lots will nominally be larger and, therefore, be more desirable and, consequently, sell faster and at a higher price. 2. With no "common" space, there will not be a need to establish a formal resident's association and collect dues to pay taxes on common properties. Engineers, Planners, Surveyors, Landscape Architects Stephen M. Gyurisin Page 2 May 10, 1988 While our preference is as stated above, we recognize that this is a policy issue that could affect other future developments. Therefore, the matter should be determined by the Planning Commission based on the advice of the staff experts. We are prepared to comply with the County's policy whichever way it should be decided. Again, thanks for your consideration. Sincerely, �--� Eric E. Zicht, P.E., S. EEZ/sm cc: Mark Nelis (Brownell) 0 0 COUNTY of FREDERICK M E M O R A N D U M Departments of Planning and Building 703/665-5650 TO: Frederick County Planning Commission FROM: Stephen M. Gyurisin, Deputy Director SUBJECT: Review of Proposed Grove Heights Revised Master Development Plan DATE: April 27, 1988 Mr. Eric E. Zicht of Paciulli, Simmons & Associates, Ltd. has been working with the staff on revisions to the Grove Heights Master Development Plan. Mr. Zicht will informally present the revised plan for your comments. Attached for your review is an outline of the proposed changes. Mr. Zicht will present the plan at our meeting. If you have any questions prior to our meeting of May 4, please do not hesitate to call me. SMG/rsa Attachment 9 Court Square P.O. Box 601 Winchester, Virginia 22601 • PACIULLI, SIMMONS & ASSOCIATES, LTD. 706 South King Street, Suite 4, Leesburg, Virginia 22075 Telephone (703) 777-2755 and Metro number 478-8015 OFFICES LOCATED IN FAIRFAX, LEESBURG AND RICHMOND, VIRGINIA Howell B. Simmons, PE LS Joseph G. Paciulli Edward R. Addicott, PE Edward L. Johnson, LS M. Christine Oakley John William Ewing, PE Tod Kolankiewicz W. Wesley Perkins Lonny D. Sturgeon Eric E. Zicht, PE LS April 21, 1988 Mr. Steve Gyurisin Assistant Planning Director Frederick County Winchester, Virginia 22601 Re: Grove Heights Dear Mr. Gyurisin: J. Owens Berry 1875-1903 Joseph Berry `�� 1903-1958 19te Orlo C. Paciulli, Jr. cam. 1958-1981 � AND BW1p�NQ1r/p c We appreciate your assistance and advice as to the procedure for revising our approved master plan for the Grove Heights Subdivision. Our sole reason for requesting approval of the proposed revision is to improve the visual characater of the future neighborhood. There was some sentiment to the effect that the earlier layout was too rigid, like some of the older grid layouts popular in the past. We would like to have a more organic, curvi- linear alignment that better reflects the topography of the site. This will offer some relief from tedious rows of houses. Following the terrain may also allow us to reduce clearing and earthwork, thereby saving more trees. We recognize the concerns expressed by the Planning Commission, neighbors and citizens during earlier hearings of this case. We do not propose any significant changes with respect to these major issues, notably: - Entrances: The main entrance will remain on Route 781. No new entrances to the subdivision are proposed. - Lots adjoining College Park: There is no increase proposed in the number of lots backing onto established neighborhoods, and the new lots are of the same general size as on the approved plan. - Number of Lots: No change proposed. Engineers, Planners, Surveyors, Landscape Architects 9 • Approval is also requested to permit the common open space to be provided in easements over lots rather than as fee simple land owned by a residents' association. In the later case, the only reason for existence of the residents association would likely be to collect dues to pay taxes on collectively owned property, mostly along the stream and in the floodplain. Restrictive easements should be sufficient to protect vegetation and natural features in these areas. We believe that the proposed revisions will improve the character of our development. If you or the Planning Commission disagree or are in any way displeased with our proposed revisions, we will proceed with the design as previously approved. We would be pleased to discuss any aspect with you and the Planning Commission. Again, thank you for your kind assistance. Sincerely, Eric E. Zicht, P.E., L.S. cc: Mark Nelis C PACIULLI, SIMMONS & ASSOCIATES, LTD. 706 South King Street, Suite 4, Leesburg, Virginia 22075 Telephone (703) 777-2755 and Metro number 478-8015 OFFICES LOCATED IN FAIRFAX, LEESBURG AND RICHMOND, VIRGINIA Howell B. Simmons, PE LS Joseph G. Paciulli Edward R. Addicott, PE Edward L. Johnson, LS M. Christine Oakley John William Ewing, PE Tod Kolankiewicz W. Wesley Perkins Lonny D. Sturgeon Eric E. Zicht, PE LS April 26, 1988 Mr. Stephen M. Gyurisin Assistant Planning Director County of Frederick Department of Planning & Development P.O. Box 601 Winchester, Virginia 22601 Dear Steve: ti 0-1 ti PpR��a� fi R�.�•o��oap�"G c J. Owens Berry 1875-1903 Joseph Berry 1903-1958 Orlo C. Paciulli, Jr. 1958-1981 It was a pleasure to meet you last week. Thank you for answering some of my questions concerning subdivision processing in Frederick County. T look forward to working with you on the Grove Heights subdivision and contributing to the development of Frederick County. Once again, thank you for your time. Sincerely, C, I Ad C. Mark Seager Engineers, Planners, Surveyors, Landscape Architects i Fort beaure8ard Amociatc8, Inc. Commercial Builders 0 Developers 203-R Harri8on &reet, cS.E. Leesburg, Va. 22075 April 12, 1988 Mr. Steven Gyurisin Deputy Director of Planning 9 Court Square Winchester, Virginia HAND DELIVERED (703) 777-9310 Metro 4784118 RE: GROVE HEIGHTS SUBDIVISION Dear Mr. Gyurisin: Please find enclosed a proposed revision to the approved preliminary plat for the Grove Heights subdivision. As we have discussed, the purpose of this revision is to create larger single family lots and to build a more curvilinear street pattern. We have attempted to prepare a plat that will not be required to be re -submitted for formal review by the Planning Commission or the Board of Supervisors. The revised plan does not propose any increase in the number of lots originally approved. None of the approved entrances to the public street system have been altered. The plan simply proposes a more attractive lot and street alignment. The open space requirements will be met by the recordation of an open space easement on the lots. I understand that the revised plat will be forwarded to the Commission and Board. I would be happy to explain these revisions to the Commission or Board if you think it is appropriate. We have begun preparing construction drawings for the subdivision in anticipation of building this construction season. Thank you for your consideration. Sincerely, Mark Nelis cc: Board of Supervisors Planning Commission Brownell, Inc. Builder8 0 Developers 203-P Harrison Street, S.E. Leesburg. Va. 22075 Steven Gyurisin Deputy Director of Planning County of Frederick P. O. Box 601, 9 Court Square Winchester, VA 22601 HAND DELIVERED Dear Steve: LflKrc 47 y� �4,'� � March 30, 1988 RE: GROVE HEIGHTS SUBDIVISION As we discussed on the phone today, Brownell, Incorporated is the contract purchaser of the above -referenced parcel. Before proceeding with construction drawings and final plat for this project, we would like to explore amendments to the Approved Master Plan. Our objective in amending the Approved Master Plan is to improve the lot layout. No additional lots have been proposed and the entrances to existing public streets have not been altered. We would prefer to include the required open space within the proposed lots and to place an easement over that area to insure it remains undisturbed. Please advise if this is an acceptable alternative to creating a Homeowner's Association to own the open space in fee. I have enclosed two draft plats for your consideration. Once you have had an opportunity to review them I would like to meet with you briefly. Please call me directly if you have any questions. Sincerely, Mark Nelis cc: Eric Zicht �._ OPEN SPACE Common vs. Easement TAXES The "Open Space" restriction on development, whether by restrictive easement or by common holding, reduces property values and consequently potential property tax revenues to the municipality. With commonly held open space, the common area has value only for recreation and scenery. If adjacent properties are judged to have higher values due to proximity, some of the losses may be recovered. With easements on individual lots, some of the tax revenues are recovered through having nominally larger lots. A 2 acre lot is worth more than a 4 acre lot even if half of the larger lot is protected open space. RESIDENTS ASSOCIATION With common open space, a residents association must be established if only to collect dues in order to pay taxes on the commonly held lands. Dues are usually uniform, whereas benefits are not. Those residents living next to open space obtain greater benefits, while those living further away may not enjoy the amenities. The residents association can be a nuisance and a source of neighborhood friction. They must set and collect dues and decide how to spend revenues. Not everyone will agree as to the amount of dues or what levels of main- tenance or improvements (tot lots, etc.) should be funded. Then again, the resident's association can form a nucleus for neighborhood activity and civic pride. PROTECTION & ENFORCEMENT OF OPEN SPACE There are four levels of enforcement available: 1) The lot -owner 2) Other residents of the subdivision 3) A resident's association 4) The County Using "common open space", the resident's association is a strong police body as long as a majority of resident members have a personal interest. Individual lot owners (1) have little voice because they do not own the land. Friction can. -develop when the resident's association fails to maintain the land to the adjoining lot owner's satisfaction. (2) Also, adjoining lot owners have a tendency to trespass, dumping lawn clippings in the common area Page 2 Open Space (Common vs. Easement) or claiming portions of the common area for their own use. Often, the adjoining lot owners object to -children and others using the open space adjoining their lots, as this reduces their privacy and security, and can affect their scenery. With easements over individual lots, there need not be a resident's association. (3) Most enforcement and protection of open space will be by the individual lot owner. Maintenance of open areas will be less uniform and there will not be common access. Other residents can enforce regulations to prevent abuses (clearing junk) of open space easements through the subdivi- sion's restrictive covenants.