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04-94 Star Fort - Gainesboro - Backfile
Orc.40106 d0,G-UkS.S j&n Od j 7YI S1 y 40 * STAFF MASTER DEVELOPMENT PLAN CHECKLIST * This application is not complete if the following are not included: SUBMISSION PACKAGE Comments sheets from the following agencies along with any marked copies of the pl ; VDOT City of Winchester Sanitation Authority Health Department Inspections Dept. Parks & Recreation /Fire Marshal --S../—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 35mm. slide of the plan TRACKING Date (� q Application received Fee Paid (amount IA319Y Preliminary MDP heard by Planning Commission - Action taken preliminary MDP heard by Board of Supervisors - Action takers- ' qL1Letter to applicant regarding action and revisions. W I Final MDP submitted with review agency, P/C and BOS comments addressed. 5 22:19Final MDP signed by County Administrator and Planning Director. (send two copies to applicant) Info added to annual report diskette. ECEIPT 024187 AMOUNT DUE s 414�� BALANCE DUC PAID BY ❑ CASH J CHECK ❑ OTHER 1 f 'l FREDERICK COUNTY DEPT. OF PLANNING AND DEVELOPMENT P.O. BOX 601, 9 NCRTH LOUDON ST. WINCHESTER, VIR¢INIA 22601 RECEIVED FROM ADDRESS THE SUM OF C M FOR M1 DATE--- vy ;46. DAY -TIMERS RE -ORDER No. 3221 —Printed in USA 9 0 .H _P ro 0 U THIS DEED, made and dated this �2J day of June, 1995, by and among CARLIN L. SMITH, individually and as Executor under the will of LESTER A. ELLIOTT, JR., deceased, and GEORGIE E. SMITH, his wife, hereinafter called the GRANTORS, and SHOCKEY BROS., INC., a Virginia Corporation, hereinafter called the GRANTEE, and GEORGIE E. SMITH, LYNN E. REED, LESTER A. ELLIOTT, III, AUBREY C. HALL, III, and HOLLY S. NICHOLS, formerly known as HOLLY S. HALL, beneficiaries of the Estate under the will of LESTER A. ELLIOTT, JR., deceased, hereinafter called parties of the third part.. WITNESSETH: That for and in consideration of the sum of Ten ($10.00) Dollars, cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the individual Grantors herein, to -wit, Carlin L. Smith and Georgie E. Smith, his wife, hereby convey with general warranty and English Covenants of Title a one-half ('/2) undivided interest in fee simple absolute, to the Grantee herein, to all of that certain parcel of land, together with all improvements thereon and appurtenances thereunto belonging, containing 4.000 acres, more or less, which is being added to the 20.8073 acre tract herein conveyed, situate in Stonewall Magisterial District, Frederick County, Virginia, as shown on the plat and survey dated June 9, 1995, by S.W. Marsh, L.S., attached hereto and by this reference is made a part hereof, and being a portion of the property conveyed to Lester A. Elliott, Jr., now deceased, by deed dated May 21, 1973, from Mary Opal Solenberger, widow, of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 409 at Page 97, and Carlin L. Smith and Georgie E. Smith, his wife, by deed dated May 23, 1973, from Lester A. Elliott, et ux, of record in the aforesaid Clerk's Office in 11 Deed Book 410 at page 539. Carlin L. Smith duly qualified as Executor of the Estate of Lester A. Elliott, Jr., deceased, who died testate on October 17, 1989, and whose will is recorded in the aforesaid Clerk's Office in Will Book 100 at Page 1713.`No trustee has qualified under said will. Carlin L. Smith, Executor under the will of Lester A. Elliott, Jr., deceased, Grantor, does hereby convey with special warranty of title a one-half (1/2) undivided interest in fee simple absolute to the Grantee herein in and to the four (4) acre parcel as hereinabove described, together with all improvements thereon and appurtenances thereunto belonging. Carlin L. Smith, Executor under the will of Lester A. Elliott, Jr., deceased, Grantor, does hereby further convey with special warranty of title unto the Grantee, in fee simple, absolute, all of his right, title and interest in and to that certain land containing 20.8073 acres, more or less, together with all improvements thereon and appurtenances thereunto belonging, situate in Stonewall Magisterial District, Frederick County, Virginia, as shown on the plat and survey heretofore described and attached, and made a part hereof, and being the same land conveyed to Lester A. Elliott, Jr., and Mary Frances Elliott, his wife, with common law right of survivorship, by deed dated November 19, 1957, of record in the aforesaid Clerk's Office in Deed Book 250 at Page 4. Mary Frances Elliott died on June 28, 1978, and the property thereby vested in Lester A. Elliott, Jr. Grantors, their successors -in -interest, and assigns hereby reserve an easement for installation, use, repair, and maintenance of the storm water management pond upon the parcel containing 4.00 acres, in accordance with the Final Master Plan of Star Fort as shown on the attached plat and survey, and herein conveyed for the benefit of said 76.7856 acre tract, retained by the Grantors, but the Grantee, its successors -in -interest and assigns shall have the right to relocate said storm water management pond upon the tract conveyed herein containing 20.8073 acres, said relocation, repair and maintenance of said pond thereafter to be Grantee's sole obligation and said relocation and pond installation to be subject to the approval of the County of Frederick, Virginia. Upon such relocation, the easement reserved by the Grantor herein upon the 4.00 acre tract shall cease and be of no effect thereafter. The parties of the third part, beneficiaries under the will of Lester A. Elliott, Jr., deceased, all being over twenty-three (23) years of age, and sui juris, hereby ratify and confirm all conveyances by the Executor herein as aforesaid and hereby convey any right, title, or interest in the hereindescribed realty which.they have as beneficiaries of the aforesaid estate to the Grantee herein. WITNESS the following signatures and seals: ��-- (SEAL) CARLIN L. SMITH, individually and as Executor under the will of Lester A. Elliott, Jr., deceased :(SEAL) OEORGIE E. S ITH C_...V,?L(SEAL) LY N . REED - LESTER A. ELLIOTT, III } i Y (SEAL) AURt&Y C. HALL, HI -144 - (SEAL) HOLLY -A. NICHOLS STATE OF VIRGINIA, CITY/Cx kk xY OF WINCHESTER , TO -WIT: 1, Wi ndi D . 'turner , a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that CARLIN L. SMITH, Individually and as Executor under the will of LESTER A. ELLIOTT, JR., deceased, whose name is signed to the foregoing Deed, dated the 2 3 rdday of June, 1995, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this 10 th day of June, 1995. My Commission Expires August 31 19961 NOTARY PUBLIC I was commissioned a Notary as WINDI D. HAWKINS. STATE OF VIRGINIA, CITY/GQ<xi ')Y OF WINCHESTER, TO -WIT: I, Windi D . Turner , a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that GEORGIE E. SMITH, whose name is signed to the foregoing Deed, dated the 2 3 rdJay of June, 1995, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this 10 thday of June, 1995. 4 My Commission Expires I was commissioned a Notary as WINDI D. HAWKINS. STATE OF VIRGINIA, NOTARY PUBLIC CITY/COUNTY OF J , TO -WIT: a Notary Public in and for the State and jurisdiction aforesaid, do here y cc fY that LYNN E. REED, whose name is signed to the foregoing Deed, dated the a23�y of June, 1995, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. V Given under my hand this ,2 day of June, 1995. My Commission Expires ARY I' UBLIC STATE OF VIRGINIA, CITY/00U NTY OF WINCHESTER , TO -WIT: I, Wind D. Turner , a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that LESTER A. ELLIOTT, III., whose name is signed to the foregoing Deed, dated the -r,1 day of June, 1995, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this 1 of-hday of June, 1995. My Commission Expires August 31, 1996 V�Lk.'((C:�Ju(A'M) NOTARY PUBLIC I was commissioned a Notary as WINDI D. HAWKINS. STATE OF VIRGINIA, CITY/COUNTY O , TO -WIT: 1,P""Q , a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that ALTMEY C. HALL, III, whose name is signed to the foregoing Deed, dated the 33 day of June, 1995, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this q.3 day of June, 1995. My Commission Expires NOTARY PUBLI STATE OF VIRGINIA, CITY/COUNTY Qv_ � o , TO -WIT: 1, A, aO_ A a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that H LY S. NICHOLS, whose name is signed to the foregoing Deed, dated the 5(3_ day of June, 1995, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this 93 day of June,. 1995. My Commission Expires NOTARY PUBLIC U I r PN WO Ir .�lj1hp�"1 1 •''•(-! f�D' /• J/I�/; � VG��. - ..1 ' �� / � 'l IGi i ' / � ,!_r-=-.i-"J' • � �i • � " 1(� 1 Syii1�yeillls �, ,, � 717 � _ - � ; - / NCINITY MAP SCALE 1'=2000' i PPROVED BY Subdivision Administrator Date OWNERS' CONSENT The above and foregoing Boundary line Adjustment between the lands of LESIER A. ELLIOTT, 1R. ESTATE and LESIER A. ELLIOTT, JR. ESTATE do CARLIN L. SA11111, ET UX, as appears in the accomponying plat is with the free consent and in accordance with the desires of the undersi ed owners, proprietors and trustees, If an . NOTARY PURIJC 1, Windi D. Turner . a Notary Public In and for the state of Virginia, at large, do certify that Carlin L. Smith, Individually and as Executor of the Estate of Lester A. Elliott, Jr. and Georgie E. Smith , whose names are signed to the foregoing Owners' Consent, have acknowledged the some before me In my stale. Given under my hand this loth day of July 1995 My commission expires August 31, 1996 L ��tI was commissioned a Notary oa _ i as WINDI D.HAWKINS.PuDI SURVEYOR'S CERTIFICATE 1 hereby certify that the land contained In this Boundary Line Add istment is the some land conveyed (o LESIER A. ELLIOTT, ET UX by deed dated 19 November 1957 and a portion of (he land conveyed to l_E.S1ER A. EMOTE ET UX and CARLIN L. 50111, ET UX by deed dated 2J Aloy 197J and the LESIER A. ELLIOTT, Zr UX land has been devised to the LESIER A. ELLI0IT, X. ESTATE by will probated 15 February 1991, sold deeds recorded In the Office of the Clerk of the Circuit Court of Frederick County, Virginia In Deed Book 250 at Page 4, In Deed Book 410 at Page 5.39 and In W11 Book 100 at Page 1713, respectively. S. W. Alarsh, L.S. ]Al 54 ((A)) Pcl 1 Zoned: 92 dr RP Use: Vacant 1lt 51 (( Ai) Zoned.- 82 Use: Vacant 4j f f Vx pF` ` Ll f1j .� S. • 411AA-411'� t� CERTIFICATE W. U 1043 Final flat for BOUNDARY LINE ADJUSTMENT Between the Lands Of LUSTER A. Ejr TIOT7; JI2. L'STATE, And LL'SMI R A. ELLIO 7T. JR. rMA TL' & CARLIN L. SMITH, ET UX Stonewall Magisterial District Plot: BLA-201.dwg Frederick County, Virginia z " DATE: 9 June 1995 Cover Sheet Sheet 1 of 2 a MARSH & ILEGGE S4 Land Surveyors, P.LC. 139 Noah Carrmmxt Street Wlt""ter, Vlrginte 22601 (703) 667-0468 Fax (703) 667-0469 to 76.7856 ACRES Tax Parcel p 541((A)) Zoned: 62 & RP Use: Vacant Lester A. Elliott, Jr. Estate & Cvrlin L. Smith, Et Ux I ? F z� tJ 6 o A Ir Proposed 1� it Storm Water K Management Pond ') M \ \ SEE NOTE 14 z�w-� A/ 79 o c 79 M N 0 N � I IjTtt N '' � / 1 r—N,30V6 59 E 76.90' i841"W 51 -HENRY F. SLIMNSKl, ET ALS 7-At 54 ((A)) PCL 10 OB 544 — P 875 Zoned. B2 Use: Residential Parcel 1 Origin& Areo = 80.7856 Acres Adjvsled Area = 76.7956 Acres (BY SUBTRAC770N) Parcel 11 Original Areo = 20.7426 Acres Adjrsted Area = 24.7426 Acres SFr 6 o\ .S) 1�Pa �p �S ��-p�F'QS cam der 24.7426 ACRES Parcel 11 S18 54'19 "W 56.10' i i i i i i i i Tax Map 54 ((A)) Zoned: B2 Use: Vacant Lester A. Elliott, ✓r Estate 000-� 0 P19 �h � i LEGEND 5t`9� �--P IRF Iron Rod Found IPF Iron Pipe Found B.R.L. Building Restriction Line CO I o U(ility Pole � R tj• O 0 100 200 400 6 "i�� Graphic Scale in Feet 1 =200' N0T£S 1. No title report furnished. 2. Easements may exist (hot are not shown. J. Iron rods found or set of all property corners. 4. The proposed storm water management pond shown on (his plot has been delineated from the approved master development plan for the Star Fort Pro)ect Number 00494 approved by the Frederick County Board of Supervisors on September 14, 1994. Final Plat for 7M 54 ((A)) Pcl 1 BOUNDARY LINE ADJUSTMENT Zoned. B2 do RP Use: Vacant Between The Lands Of 7M 54 ((A)) Pcl 11 LESTE,I? A. ELLIOTT Jl?. ESTATE Zoned. B2 Use: Vacant And LESTER A. ELLIOTT, JR. ESTATE & 11 o JP F CARLIN L. SMITH, ET UX Stonewall Magisterial District Plot: BLA-201.dwg Frederick County, Virginia S. W. ARSH NO. tC—JCER1T1F1('-,ATE DATE: 9 June 1995 SCALE: 1"=200' Street 2 of 2 1843Ntutsii & ]LEGGE <qN0 �p� 14 SURD Land Surveyors, P.L.C. 139 North Canx4-an Street whxlater, V"tnta ZMI (70.3) 667-0468 Fox (703) 667-0469 COMMONWEALTH ®f VIRGI IA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY Philip A. Shucet 14031 OLD VALLEY PIKE COMMISSIONER EDINBURG, VA 22824 October 29, 2003 Mr. Richard Hardison P. O. Box 2834 Winchester, VA 22604 Ref: Starfort Subdivision, Section III Route 1376 Frederick County Dear Mr. Hardison: JERRYA. COPP RESIDENT ENGINEER TEL (540) 984-5600 FAX (540) 984-5607 Final inspection has been made and we are in acceptance of the construction phase of the referenced development. Attached is a copy of information needed for subdivision streets prior to acceptance into the State Secondary System. Items 2 and 3 are needed at this time. Once this information is received in our office, I can then supply the Frederick County Board of Supervisors the legal description of these streets so the necessary resolution may be prepared. Also at the time, an actual addition date may be established and the maintenance fee and one year surety can be calculated. Should you have any questions, please feel free to contact me. Sincerely, Dave A. Heirommu's . Hwy. Permits & Subd. Specialist Sr. DAH/rf Attachment xc: Mr. Patrick Davenport Mr. Eric Lawrence VirginiaDOT.org WE KEEP VIRGINIA MOVING • August 9, 1994 J6:}�.� 0 On August 3, 1994, The Frederick County Planning Commission unanimously approved the preliminary plan for a 163 home Star Fort Development. A development this size has generated a number of concerns by The Citizens of Sunnyside. The Citizens of Sunnyside do not directly oppose the development -of Star Fort, but we do fear negative impacts. Our concerns focus primarily on two issues, management of storm water run-off and the proposed access road between the Star Fort Development and Lauck Drive (Route 832). We came away from the August 3rd meeting with a feeling that The Planning Commission shared our concern with the storm water management problem, but failed to alleviate our concerns regarding the access road. The proposed connecting access road would increase the level of traffic on a road that was not designed for such use (VDOT has also raised a similar concern). More traffic would also present a greater threat to our children, pets and residents who presently use Lauck Drive for biking, walking and socializing. Increased traffic would also bring higher noise and pollution levels to our neighborhood. Headlights from the cars exiting Star Fort would infringe on the privacy of those residents directly across from the proposed access road. Traffic that mistakenly bypasses the access road will be forced to use private driveways as turn around spots due to the lack of a cul-de-sac at the northern end of Lauck Drive. Despite the Developer's claims, this access road will have only negative impacts on our neighborhood. As a member of The Frederick County Planning Commission, we trust that you will take our concerns seriously before any final decisions are made pertaining to The Star Fort Development. Regards, too/)I usan Mallozzi 165 L uc k Drive a Winchester VA 22603 Representative for The Citizens of Sunnyside August 9, 1994 CiAl ens Of Sunnysido Petition We, the undersigned (Residents of Lauck Drive and Sunnyside) are in opposition to an access road that would connect the proposed Star Fort Development and Lauck Drive (Route 832). N ME DDRESS TELEPHONE # _ _ __ SIGNATURE 1p9,5' fbftfvQNC�cIVe W%,'CN.¢A21r PRINT NAME ADDRESS TELEPHONE # SIGNATURE Iu9S I VE LJ►►�C4k_C-5+ IZ PRINT jZ NAME ADDRESS TELEPHONE # SIGNATUR -�-- 1 LoS J_Lxue � 01 i A' PRINT SoOV) CL - _ --- NAME A DDRESS TELEPHONE # SIGNATUR fa re m a n Lc3Re -r -oy3q PRINT [_. AME DDRESS TELEPHONE # SIGNATUR '�V1 I ' ---�0\-9\ PRINT NAMff ADDRESS TELEPHONE # T-__ SIGNATURE ,:� iC�(=ccEr9v <i✓ II�� ,7 all PRINT NAME ADDRESS TELEPHONE # SIGNATURE vc�-- /c ���VGII��✓���� Lys �� 6c� PRINT NAME ADDRESS TELEPHONE # SIGNATURE Q—��cti� 1 `� S trqd�� n 3 6 01 - b' 7S9 PRINT Y�,/ ✓ c o o N' �, �' NAME DDRESS TELEPHONE # SIGNATUR�,,�/.�,----- PRINT.Po 2 Y 112 �S` 7 .�/, r l /1 NAME TELEPHONE # �T SIGNATURE �LtJ�/L �' _DDRESS �G7� l �i�C� �J v ✓fir %_ J�1 — PRINT 12 / r�Z_U c _ _ _2_ NAME TELEPHONE # SIGNATURE /J)a _DDRESS i.J�f��• r/- zz v v PRINT L;,-��1�. Jr%Nvs NAME ADDRESS TELEPHONE # SIGNATURE C%A\- ,f,L Z Z b\y tit ADDRESS TELEPHONE # PRINT C, S V I S_ NAME SIGNATURES--_ Lit?. (� S�Cr V✓a 2 2(,�' DDRESS �7 _ 1// / TELEPHONE # PRINT __� AMC NAME SIGNATURE GC �C'� I F'0 ���� L One �� PRINT c ------- ---- NAM E SIGNATURE — --- DDRESS TELEPHONE # _ 4 / �13 PRINT C%I'Cc% %7�_�' rr _ DDRESS TELEPHONE # ME SIGNATUR — ---- - PRINT f ti� >> 1 Alva zr --- August 9, 1994 r 0 Citizens Of Sunnyside Petition We, the undersigned (Residents of Lauck Drive and Sunnyside) are in opposition to an access road that would connect the proposed Star Fort Development and Lauck Drive (Route 832). NA E SIGNATURE DDRESS a 3 LacclC a r U+' tZC-(" U TELEPHONE # PRINT - - "-, c NAM DDRESS TELEPHONE # SIGNATURE D . ✓ :,- 22 3 L4 4ehzi 7�1�5 Q7 PRINT o U l C r. i C.— NAME ADDRESS TELEPHONE # SIGNATURE`* c?/K cC r [�J�ti1 Oil )a (,a 3 9 PRINT 1-e i C1.4 m. Ck'�S NAME ADDRESS TELEPHONE # SIGNATURE I C 0 V 0 N �,� c PRINT C 11g--I es NAME DDRESS TELEPHONE # SIGNATURE F _ %' _ j f _ - b %-- 7 bo PRINT DDRESS TELEPHONE # SIGNATURE _ _ PRINT �� %� z,4 Y,� DDRESS TELEPHONE # SIGNATURE _qo PRINT NAME SIGNATURE ��- � ADDRESS a0 S U3VLK v TELEPHONE # - PRINT � C� _ __ SIGNATU E _ DDRESS�4 /%ccc/� _4 _U�/i r'•iCff�. LGi9 TELEPHONE # PRINT C> L / oV/�__ NA DDRESS TELEPHONE # SIGNATURE �� l l -72Z 031(-- PRINT /v �- UiU �. - S_ 2_ NAME ADDRESS TELEPHONE # SIGNAT UR %iZC' ��'.%(��? PRINT L 1S,/� �S' ��LC •� fiE NAME _W DDRE_SS TELEPHONE # _ SIGNATURE �(�."�-�Q PRINTLL'nc:CJ( c�Uj NAME DDRESS TEL # SIGNATUR %� C� / '-F11��` ls'L�5"LP��j PRINT AME TELEPHONE # SIGNATURE _DDRESS PRINTIlle, NAME DDRESS TELE # EPHON SIGNATURE _ f 12 -- PRINT jl — �- NAME DDRESS TELEPHONE # // SIGNATURE PRINT e %e CIL August 9, 1994 Citzens Of Sunnysido-O Petition We, the undersigned (Residents of Lauck Drive and Sunnyside) are in opposition to an access road that would connect the proposed Star Fort Development and Lauck Drive (Route 832). N SIGNATURE DDRESS TELEPHONE # PRINT E ADDRESS TELEPHONE # SIGNATU E IC) C7S"1CO3eeI?IliV 4_1V. 03- -Aejlr't GF6z PRINT NAME DDRESS TELEPHONE # SIGNATURE���1- PRINT (,,)1 6).3 1"' - 7�>�"7 N #114 E ADDRESS TELEPHONE # SIGNATURE Gi. �V '; 1213 Lu�.G k',�. LA) h��c.j ter Vf( Z PRINT NAME ADDRESS TELEPHONE # SIGNATURE 14rlo PS Lyjjc.1(. 1)nVt, a0 J1Lii-�r (eUZ-72.77 PRINT AM DDRESS TELEPHONE # SIGNATURE Ir,J� s )�_ l :.�c 'r/' �./� �� '., PRINT iji-1f✓ �I 1�.; R NAME DDRESS TELEPHONE # SIGNATURE I I PRINT NAME ADDRESS TELEPHONE # SIGNATURE PRINT NAME ADDRESS TELEPHONE # SIGNATURE f nllr 1 NAME DDRESS - TELEPHONE # SIGNATURE PRINT NAME ADDRESS TELEPHONE # SIGNATURE PRINT NAME ADDRESS TELEPHONE # SIGNATURE PRINT NAME DDRESS TELEPHONE # SIGNATURE — PRINT NAME DDRESS TELEPHONE # SIGNATURE PRINT NAME DDRESS TELEPHONE # SIGNATURE PRINT NAME ADDRESS TELEPHONE # SIGNATURE PRINT August 9, 1994 Citizens Of Sunnyside Petition We, the undersigned (Residents of Lauck Drive and Sunnyside) are in opposition to an access road that would connect the proposed Star Fort Development and Lauck Drive (Route 832). NAME SIGNATURE DDRESS `17/- TELEPHONE # PRINT ME DDRESS �� annti = TELEPHONE # SIGNATUR (� �� !V L.litii� y70 PRI . �- NAME DDRESS TELEPHONE # SIGNATURE e `� '10) )Q�aj,,J ee cam- � / �� S PRINT polge Nl, NAME ADDRESS TELEPHONE # SIGNATURE-/:20 3/cla . �.� �, c' . 6C 'l �i'7` j PRINT - ►nr NAME ADDRESS TE/LEPHONE# SIGNATURE_ _��- � L;�ti l y� �,1 O l�- -I m-U — PRINT �e:lc?,t- d NAME DDRESS TELEPHONE # SIGNATURE"' PRINT)NA ME ADDRESS TELEPHONE # SIGNATURE au(C,e PRINT d tU NAME ADDRESS TELEPHONE # SIGNATURE,_Jr awok Ur. -7 7 PRINT - DDRESS TELEPHONE # NAME SIGNATURE _ 0 - _ r Or. 6 L ) __ i � -3 6 -.-�. ter... �k. r .it PRINT (. s _. 0 0 the Commission Members for their inspection. 711117V He stated that this plat contains two (2) lots and added that there were already homes on the lots. He stated that the Health and Highway Departments had approved the lots and the Recreation Department recommended a $200 impact fee. Upon motion made by Elmer Venskoske and seconded by M. W. Perry, BE IT RESOLVED, That the Planning Commission of Frederick County does hereby recommend approval of this plat to the Board of Supervisors. The above motion was unanimously passed by roll call vote. P U B L I C H E A R I N G S AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973 TO REZONE 83.00 ACRES, MORE OR LESS, OF CARLING L. SMITH, GEORGIA E. SMITH AND LESTER A. ELLIOTT, LOCATED 400 FEET f EAST OF ROUTE 522 NORTH, APPROXIMATELY 4/10 MILES NORTH OF THE CITY LIMITS, IN STONEWALL MAGISTERIAL DISTRICT; FROM RESIDENTIAL, GENERAL (R-3) TO MULTI -FAMILY, RESIDENTIAL (R-b) Mr. Ben Butler, attorney, appeared before the Commission representing the applicant. Mr. R. Berg showed the exact location of the proposed rezoning to the Commission Members. Mr. Butler stated that the property is known as Star Fort. Mr. Golladay asked what provisions had been made to preserve the Fort, if any. Mr. Smith stated that he would be willing to leave that part of the land untouched, and that access would be provided to the Fort for public viewing. A short discussion followed in which the Commission expressed its views concerning the property in question. It was stated that Page 5, i the main worry was population density. Mr. Madigan expressed his view that 83 acres was too much land to be rezoned for multi -family dwellings. No one appeared in opposition. Upon motion made by Langdon Gordon and seconded by Manuel DeHaven, BE IT RESOLVED, That the Planning Commission of Frederick County does hereby recommend to the•Board of Supervisors that the 83 acres be rezoned from R-3 to R-6 with the stipulation that reservations be made for public access to the Star Fort Area. The above motion was passed by the following vote: Mr. Gordon, Mr. DeHaven, Mr. Venskoske and Mr. Perry voting AYE; with Mr. Golladay voting NAY; with Mr. Madigan abstaining. AN ORDINANCE TO AMEND THE FREDERICK COUNTY. ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973 TO REZONE APPROXIMATELY 275.90 ACRES, (SURROUNDING THE SUMMIT) OF LAKE HOLIDAY ESTATES, INC., LOCATED WEST OF CROSS C JUNCTION, VIRGINIA, AND SOUTH OF WHITACRE, VIRGINIA, IN GAINESBORC MAGISTERIAL DISTRICT; FROM AGRICULTURAL, LIMITED (A-1) TO RESIDENTIAL RECREATION COMMUNITY (R-5). RECOMMENDED APPROVAL Mr. Joseph A. Massie, Jr., appeared before the Commission representing the applicant. He showed the Members the exact location of the property. He stated that the boundaries were wrong on the zoning maps and had to be changed. Several concerned citizens came forward to look at the pro- posed rezoning. They had no questions of the Commission following a short discussion among themselves.. No one appeared in opposition. Upon motion made by Richard Madigan and seconded by James Golladay, BE IT RESOLVED, That the Planning Commission of Frederick County does hereby recommend approval of this rezoning to the Board Page 6 0 • gilbert w. clif ford & associates, inc. 200 North Cameron Street • Winchester, Virginia 22601 703-667-2139 • Fax: 703-665-0493 March 15, 1995 Mr. Eric Lawrence ` s' Frederick County Planning Department P.O. Box 601 � • tNwnidia �3�� o `�.a Winchester, Virginia 22604 Q314I3�3� c' 566l EVW RE: Star Fort Master Plan - Final Dear Eric: Please find attached three (3) copies of the above referenced project plan for your approval. All comments of your March 7, 1995 letter are addressed. 1) The current plan indicates that the planned residential use is still single family detached. Density has been decreased from 163 homes to 144 homes based upon 15,000 square foot lots. It is my understanding that a slight reduction of density does not require a new master plan. 2) The open space area remains the same as approved by the Board of Supervisors. The area occupied by Star Fort is seven (7) acres. The 15% open space requirement is 11.25 acres. Open space required includes the Star Fort area and the area surrounding Star Fort. I should note that this area is owned by Fleets Virginia Battery Middlesex Artillery and is included in the open space of Star Fort. Open space is not required for 15,000+ square foot lots, however, the owners have agreed to keep the open space as originally delineated on the master plan and as approved by the Board of Supervisors. This area is identified on the Master plan with a hatch pattern legend. There has been no change in the area defined on the Master Plan for open space or historic preservation of Star Fort as approved by the Board of Supervisors. 3) The notes as attached and made part of the final Master Plan indicate a per lot fee of $60.00. This yields $8,640.00. The original amount based on 163 lots at $50.00 per lot was $490.00 less or $8,150.00. 4) The pathway system linking the Star Fort area via the buffer area to the adjoining property along Route 37 to the north remains. This path is shown on the Master Plan with a dark, heavy line. A typical path profile is also shown. Mr. Eric Lawrence Star Fort Master Plan - Final March 15,1995 • Page 2 5) A note is placed on the Final Master Plan stating that this area is reserved by the owner for future development. The area is the triangle area between Star Fort and the commercial area. 6) A note is placed on the final Master Plan addressing noise. This is note number four (4). Referencing your additional comments: 1) The Star Fort area is seven (7) acres. Additional acreage was added to increase the open space around Star Fort. The area shown is the same as was approved by the Board of Supervisors and shown on the plan. 2) Annual assessment is $60.00 - $250.00 per unit not $150.00. 3) Note #3 indicates the requirements for access to Star Fort. The best area for access is south of Star Fort, however, the owners of Star Fort may wish another location as the project develops. The access to parking area is general in nature and may change as noted. Access to parking is shown. 4) The open space area is hatched and noted in the legend, this was done to comply with your comments of September 14, 1994 to denote these types of items on a legend. 5) A note is added for the vacant triangle area between Star Fort and the commercial area. Sincerely, gilbert xy. clifford & associates, inc. �M0/cls attachment W- i gilbert w. clifford & associates, inc. INCORPORATED 1972 Engineers Land Planners Surveyors Water Ouality Analyses Corporate Office: 150C Olde Greenwich Drive • P. O. Box 781 Fredericksburg, VA 22401 • (703) 898-2115 Winchester Office: 200 North Cameron Street • Winchester, VA 22601 • (703) 667-2139 July 11,1994 Mr. Kris Tierney Frederick County Planning 9 N. Loudoun Street Winchester, Virginia 22601 RE: Star Fort PMDP Dear Kris, Application for Preliminary Master Plan for the Star Fort project is hereby submitted to the County for recommendation at the August 3rd Planning Commission Meeting. Attached are agency comments and appropriate development review fees as required for submission. If I can answer any questions, please do not hesitate to call. Sincerely, Thomas W. Price Gilbert W. Clifford & Associates, Inc. cc: John Foote George Glaize Carlin Smith BOARD OF DIRECTORS o `J Thomas J. O'Toole, P. E. Charles E. Maddox, Jr. ,P. E. Earl R. Sutherland, P. E. P. Duane Brown, C. L. S. William L. Wright, Laboratory Director � /� �� � \� & v 2' � �\ .z �• `/\ w g �~ � � ®j // � « «%. (/ � «� ° 6\ � �� a, w� .� %% © \� < ` , «.� ` � / >�/.� . . < a � ��� � ®�� \� . N? June 2, 1998 Gilbert W. Clifford & Associates Attn: Stephen M. Gyurisin 200 North Cameron Street Winchester, Virginia 22601 Dear Steve: COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 678-0682 Frederick County administratively approved revisions to the referenced plan on May 29, 1998. These revisions include the deletion of a cul-de-sac, the reconfiguration of building lots, the relocation of development phase lines, the inclusion of a new development phase (IVb), and the relocation of the vegetative screen buffer for the Star Fort historical resource. It should be noted that Middlesex Artillery, Fleet Battery, Inc., was provided with a check in the amount of $1,500 from Star Fort Jointventure for the purpose of providing the vegetative screen buffer. I have provided you with three copies of the final master development plan with appropriate signatures for distribution to all relevant parties. Please do not hesitate to contact me if I may of further assistance regarding this matter. Sincerely, Evan A. Wyatt Deputy Director EAW enclosure cc: Richard Hardison, Star Fort Jointventure U:\EVAN\COMMON\REVIEWSWrARFORT.APR 107 North Kent Street - Winchester, Virginia 22601-5000 t • Star Fort Jointventure P. O Box 2834 Wirchester. VA 22604 175 68.139 514 PAY TO TUF t7ADF.K OF/'II �IIl��C��1LL IICr �L4 G� tI 0LLARS FUA F&M Bank - Winchester WINCHESTER. VIRGINIA 1:0514013991: 1301.6518110 01?5 .'s. ��Vll I vest)? 4� April 24, 1998 Mr. Wellington H. Jones, Director Winchester/Frederick County Sanitation Authority P.O. Box 1877 Winchester, VA 22604 RE: Sunnyside Area Land Acquisition Dear Wendy: COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 On April 23, 1998, I received a copy of a preliminary location/subdivision concept for a proposed land acquisition in the Sunnyside area. This plan was created by Marsh & Legge and dated April 21, 1998. This plan illustrates a scenario that establishes a 2.7814-acre parcel, subdivided from three adjoining parcels. I would offer the follow considerations regarding the creation of this lot: The'Zoning and Subdivision Ordinances require a minimum lot size of five acres for this zoning district (RA Zoning District). A 50-foot right-of-way to service this lot is also required. Such five -acre lots, with 50-foot right-of-ways, may be approved administratively; no action on the Board of Supervisors' behalf is required. 2. In order to create a lot smaller than five -acres, 2.7814 acres for example, or with less than 50-foot right-of-ways, the Board of Supervisors must waive the minimum lot size and/or the right-of-way requirements. This Board action should occur at a public meeting; not necessarily a public hearing though. Incidently, an existing lot of record that is less than five acres is legally non -conforming, but the reduction in size of a legally non -conforming lot is not permitted by the Zoning and Subdivision Ordinances. A waiver of the minimum lot size by the Board of Supervisors would be necessary to reduce the size of an existing legally non -conforming lot. I mention this as it applies to the southern parcel owned by Fruit Hill Orchard, Inc.; Property Identification Number 53-A-3 is presently 2.5116 acres. This information is provided for your consideration. Please contact me with any further questions. Sincerely, Eric R. Lawrence Zoning Administrator cc: John R. Riley, Jr.,. County Administrator U:\ERIC\COMMON\SUBDIVIS\SANITATI.WPD 107 North Kent Street - Winchester, Virginia 22601-5000 • ,� , EGRE55 EASEMENT . �lG. r / lI 1 1� � L'�•11 I i J / � 1 S8r1'ZB370E' 65�7 A :� -• ! , i .�;.';'%i.t' 7 Z-�. ! f l ; i �'�l ,! 1.�i AIf 5 1 i rl / 1 � ;� ;/� , �_�.-; ! 1 • � � l ACRES `` ,ram' •' •/ � �i /, Y r � �' ' T :. !r I 'I, , KL)rr H Ll. ff;c DIFU ,-' N J �. %i ' j/XEJ / .. 1� '1 � \` tom/ f '' ` �' � •� i�� �07 COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703/678-0682 May 2, 1995 Mr. C. L. Smith 525 Seldon Drive Winchester, VA 22601 Dear Mr. Smith: A requested, I am writing to inform you that the division and sale of an approximately four -acre parcel of land can be divided and sold from the land contained in the Star Fort Master Development Plan, as long as all requirements of the subdivision ordinance are met. This can occur without the requirement to revise the Master Development Plan. Any use of that parcel will have to comply with all requirements of the approved Master Development Plan unless revisions are approved. This simple division and sale will not affect your ability to proceed with approved phases of the Master Development Plan. When the subdivision for this parcel is submitted to our office for approval, it would be appropriate to include a deed of dedication describing the provisions that have been made for the stormwater management facility and proposed road. Our staff would be happy to work with you and subsequent owners on these provisions. Please let us know if you have questions. Sincerely, Robert W. Watkins Director RWW/rsa cc: Stephen M. Gyurisin, G. W. Clifford & Associates, Inc. W. Wayne Miller, Zoning Administrator 107 North Kent Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 gilbe; w. Clifford & associates, inc. INCORPORATED 1972 Engineers Land Planners Surveyors Water Quality Analyses Corporate Office: 150C Olde Greenwich Drive • P. O. Box 781 Fredericksburg, VA 22401 • (703) 898-2115 Winchester Office: 200 North Cameron Street • Winchester, VA 22601 • (703) 667-2139 April 7, 1994 Mr. Kris Tierney Frederick County Planning Department 9 North Loudoun Street Winchester, Virginia 22601 RE: Star Fort Rezoning & PMDP Dear Kris, Per our telephone conversation on Thursday, April 7th, I am sending the Star Fort project to all of the following review agencies for their . comments: to call. VDOT Fire Marshal Round Hill Fire Company FCSA Parks & Recreation Commonwealth Attorney Public Schools City of Winchester County Engineer If I can answer any questions or be of further assistance please do not hesitate Sincerely, Thomas W. Price Gilbert W. Clifford & Associates, Inc. TWP/kf cc: Carlin Smith George Glaize John Foote BOARD OF DIRECTORS e `J Thomas J. O'Toole, P. E. Charles E. Maddox, Jr. P. E. Earl R. Sutherland, P. E. P. Duane Brown, C. L. S. William L. Wright, Laboratory Director • • 1 994 'i, D DEPI,. of PLANNING, AND DEVELOPMEkyj COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703/678-0682 April 11, 1995 George Glaize & Carlin Smith 525 Seldon Drive Winchester, Virginia 22601 RE: Star Fort Master Development Plan Approval Dear Sir: This letter is to notify you that the Master Development Plan for the above referenced project was administratively approved by Frederick County on April_ 10, 1995. This approved Master. Development Plan involves one tract of land, identified by Property Identification Number (PIN) 54-A-1. This tract consist of 87.7856._ acres; 75 acres are included in the Residential Performance (RP) District and 12 acres afe included in the Business General (132) District. Master Development Plan #004-94 for Star Fort provides for the construction of 144 single- family detached traditional residences. Open space is provided in the area surrounding the historic Star Fort, owned by the Fleets Virginia Battery/Middlesex Artillery. A pedestrian pathway system is located along the east and the northeast boundaries of the property, providing access from the historic Star Fort site to the northern portion of the master planned area. The 12 acres included in the Business General District front on North Frederick Pike (RT 522 North). A 50-foot zoning district buffer has been included to separate the planned residential development from the B2 zoning to the south, and the Industrial General (M2) District zoning to the east. 107 North Kent Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 Page 2 Star Fort Master Plan April 11, 1995 Enclosed for your records are two copies of the final Master Development Plan with the appropriate signatures. Please contact me if I may answer any questions regarding this letter. Sincerely, r Eric R. Lawrence Planner I ERL\bah :Enclosure cc: ...Jimmie K::Ellington, Gainesboro District Supervisor Steve Gyurisin; G.W. Clifford &, Associates COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703/678-0682 March 21, 1995 Gilbert W. Clifford & Associates, Inc. Attn: Mr. Stephen M. Gyurisin 200 North Cameron Street Winchester, Virginia 22601 RE: Star Fort Master Development Plan Dear Steve: I have reviewed the above referenced plan that was submitted to this office on March 16, 1995. Three items have either been changed or do not reflect the MDP's most recent revisions. 1. As stated in my letter dated March 7, 1995, open space should cover 15 percent of the site, as approved by the Board of Supervisors. While your summary on the MDP reflects an increase to 15 percent open space, the open space delineation has not increased. Please revise the delineated open space boundary to reflect the 11.25 acres. This open space was delineated properly on the MDP prior to the resubmission in February. 2. The "Housing Schedule" acreage does not add up properly. Please revise the numbers in this schedule so that the correct acreage are reflected. The schedule continues to reflect an open space of 7 acres, rather than the 11.25 acres of open space. 3. The approximate location of sewer and water mains with statements concerning the connection with and availability of existing facilities should be included in the MDP. Sewer and water were included in previous MDP submissions, but have been removed from the most recent revisions. Please include them on the final MDP submission. 107 North Kent Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 M1 , Page 2 Star Fort Master Development Plan March 21, 1995 Please make all necessary revisions. We will proceed with approval once we receive five copies of the appropriately revised MDP. Sincerely, Eric R. Lawrence Planner I ERL\bah • COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703 / 678-0682 March 7, 1995 Gilbert W. Clifford & Associates Attn: Mr. Stephen M. Gyurisin 200 North Cameron Street Winchester, Virginia 22601 RE: Star Fort Master Development Plan Dear Steve : I have reviewed the above referenced plan which was submitted to this office on March 3, 1995. Numerous issues which were discussed at our meeting on February 27, 1995 were not properly addressed on this submission. In attendance at this meeting were:. Chuck Maddox and yourself, from G.W. Clifford; and Kris Tierney and myself, from the Frederick County Planning Department. The items discussed during the February 27, 1995 meeting were as follows: 1. Mr. Maddox indicated that the minimum lot size for Star Fort would be 15,000 square feet. This is an increase in lot size from the 12,000 square feet average lot sizes which the Board of Supervisors approved. By changing the lot sizes, the MDP is endanger of requiring a revised MDP. 2. Mr. Maddox confirmed that the open space requirement for 12,000 square feet lots would remain. This was a 15 percent open space requirement, totalling 11.25 acres. By maintaining the 15 percent open space, you minimize the modifications from the MDP which the Board of Supervisors approved. As you are aware, issues . that significantly change the MDP will require a revised MDP. 3. Mr. Maddox indicated that the initial total annual assessment for upkeep of the historic Star Fort (open space) would have been $8,150.00 under the approved MDP. This money would come from an annual assessment of $50.00 on each developed residential lot. The new proposed increase in lot size will decrease the number of lots, resulting in a decrease in the total annual assessment. This decrease in the total annual assessment was to be offset by increasing the assessment per lot. 107 North Kent Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 • Star Fort March 7, 1995 Page 2 4. Rather than have pedestrian sidewalks along the streets, a pedestrian pathway system could be employed. This system would provide for pedestrian access from the historic Star Fort (open space) to the northern portion of the MDP. The pathway would be located in the zoning district buffer to the east and along the property boundary on the north. 5. During our meeting, it was mentioned that the vacant triangular parcel, south of the historic Star Fort, was to be reserved by the owner for future development. Mr. Maddox stated that a phrase denoting the future intentions would be included in the vacant triangular space. 6. The Board of Supervisors requested that notes be included in the deed covenants concerning the location of the industrial property east of Star Fort. A note concerning noise pollution from the reenactment at the historic Star Fort should also be included in the deed covenants. Please include these notes in the MDP. The MDP that was submitted to this office on March 3, 1995, did not reflect the discussion from the February 27, 1995 meeting. The following issues were either not addressed, or do not reflect the meeting discussion. 1. The required open space was to remain at 15 percent (11.25 acres). The submitted MDP contained a decrease in the open space, to 10 percent (7 acres). As stated above, we agreed at the meeting that the open space was to remain at 15 percent, as approved by the Board of Supervisors. 2. While the annual assessment per developed residential lot was increased to $60.00, the maximum assessment was reduced from $250.00 to $150.00. This maximum total annual assessment should continue to reflect that approved by the Board of Supervisors. The Board approved a maximum total annual assessment of $40,750 ($250.00 per lot, 163 lots). 3. Parking facilities should be provided at the historic Star Fort. In previous submissions of the MDP, this parking area existed south of the historic site. The submission of March 3, 1995, had eliminated the parking facility. 4. Text delineating the limits of open space have been removed. This text should not have been removed from the MDP. Star Fort March 7, 1995 Page 3 5. As discussed, a statement concerning the future use of the vacant triangular parcel should be included in the MDP. The Star Fort Master Development Plan should reflect these comments in order to comply with the preliminary MDP as approved by the Board of Supervisors. Once all comments have been addressed, I can proceed with approval of the Final Master Development Plan for Star Fort. Please contact me if I may answer any questions regarding this letter, or if I may be. of further assistance. Sincerely, 6P' .11. Lawrence Planner I ERL\bah Star Fort MDP February 16, 1995 Chuck Maddox, following a TRC meeting, spoke with Eric Lawrence about the Star Fort MDP. Mr. Maddox provided Mr. Lawrence with a list of staff comments provided to G.W. Clifford since April 11, 1994. Mr. Maddox stated that he would address each comment to guarantee that all comments would be addressed. February 23, 1995 Steve Gyurisin called Eric Lawrence to inquire into the status of the Star Fort MDP. Mr. Lawrence inform Mr. Gyurisin about the list of staff comments to be addressed, which Mr. Maddox had developed. Mr. Lawrence also indicated that the comments be addressed prior to submission of the MDP for approval. February 27, 1995 Chuck Maddox and Steve Gyurisin met with Eric Lawrence and Kris Tierney to discuss Star Fort MDP. During this discussion, Mr. Maddox indicated that the MDP would be for 15,000 square foot lots (minimum). This change, from 12,000, would require a revised MDP. Mr. Maddox indicated that the 12,000 square foot requirements for open space would still be exercised, and that the assessment for each lot would increase to maintain the BOS approved annual total assessment of $8,150. Additionally, it was discussed that Mr. Maddox did not wish to use curb and gutter. The increase in lot size to 15,000 sq. ft. eliminates the curb/gutter requirements. As approved by the BOS, a trail system is necessary. This trail will be located in the zoning buffer on the east and north boundaries of the properties. March 3, 1995 Steve Gyurisin submitted the Star Fort MDP to the planning office. This plan was reviewed by Eric Lawrence and Kris Tierney. It was felt that the issues discussed at the February 27, 1995 meeting were not adequately addressed. A letter stating the discrepancies was mailed on March 7, 1995. gilbert w. cli f ford & associates, inc. 200 North Cameron Street • Winchester, Virginia 22601 703-667-2139 Fax: 703-665-0493 STAR FORT r Staff Comments FCSA: 4/ 11 /94 No Comments! Frederick County Commonwealth Attorney-, 4/8/94 No Problems! Frederick County Engineer,. 7/1/94 1) Improve Lauck Drive, VDOT owned. 2) SWM Plan/RR embankment/Route 100 year storm, as -built condition of RR? 3) Label the contours. 4) Will curb & gutter be used? Show how to route to SWM basin. VDOT - #1: 6/27/94 1) No connection to Rt. 832. 2) Cul-de-sac at end of Rt. 832. 3) Upgrade median crossover/future trip generation data. 4) Access commercial from internal streets? 5) Problems with future Fort Collier Road! Parks & Recreation:, 4/12/94 1) Meets open space requirements. 2) Impact model should be updated. Fire Marshall: 5/6/94 1) Comment relative impacts on fire services. STAR FORT Staff Comments Page 2 VDOT - #2: 7/11 /94 1) Prefer Rt. 522 entrance only; not Rt. 832. 2) If entrance on Rt. 832, then improve Rt. 522 entrance. 3) Improve existing Rt. 522 median crossover. 4) Suggest use internal streets to access Rt. 522. 5) Problems with proposed Ft. Collier Road. 6) Minimum centerline internal road radius should be 260' 7) Grade problems; landing adequacy? Frederick County Planning_ 9/14/95 1) Scale of MDP must allow good review. 2) Environmental factors need work (Woodland area delineation) 3) Designated open space on plan - where? 4) Add a legend. 5) Vacant triangle in front - what use? ,r,, o,,- 6) Ordinance Requirements a) Buffer between B-2 and RP (Hillcrest too) b) Open space must be 11.25 acres. Star Fort is counted but who is owner? c) Annual assessment proffer? 7) Commission wants assurance in deed covenants against noise pollution due to reenactments. 8) Buffer adjacent industry and add a note in deed covenants. 9) Commission allowed access to Rt. 832. 10) Only property owners will support Star Fort (i.e. no government support offered). 11) Board wants developer to work out an agreeable road connection on Rt. 832. Frederick County Planning Commission Letten 1/18/95 1) Bikeway and pathway systems. 2) Will curb & gutter or roadside ditches be used?,. h 3) Location of woodlands? Disturbed and preserved? Show on MDP. 4) Add orientation arrow. �t-f 00, 00 0-'T A Cuh` 0 40 g17q 1 1 I I lineal feet; and, BE IT FURTHER RESOLVED, That this request in contingent upon the posting of a proper and acceptable bond with the Virginia Department of Highways. The above resolution was passed by the following recorded vote: Raymond i C. Sandy, Aye; J. Robert Russell, Aye; Donald R. Hodgson, Aye; Dennis T. Cole, Aye; and Richard F. Madigan, Aye.. 1 AN ORDINANCE TO REZONE 83.00 ACRES OF CARLIN L. SMITH, GEORGIA E. SMITH, AND LESTER A. ELLIOTT - FIRST AND SECOND READING APPROVED i Upon motion made by Dennis T. Cole and seconded by Donald R. Hodgson, i BE IT RESOLVED, That the Board of Supervisors of the County of Frederick does herein approve on first and second reading the following ordinance: J AN ORDINANCE TO AMEND THE FREDERICK COUNTY ' ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973, J TO REZONE 83.00 ACRES, MORE OR LESS, OF CARLIN L. SMITH, GEORGIA E. SMITH, AND LESTER A. ELLIOTT, LOCATED 400 FEET EAST OF ROUTE 522 NORTH, APPROXIMATELY 4/10 1 I MILES NORTH OF THE WINCHESTER CITY LIMITS, IN STONEWALL MAGISTERIAL DISTRICT; FROM RESIDENTIAL, GENERAL (R-3) TO MULTI -FAMILY, RESIDENTIAL (R-6). i The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, I Aye; and Richard F. Madigan, Aye. i AN ORDINANCE TO REZONE -_APPROXIMATELY 275.90 ACRES (SURROUNDING THE SUMMIT) OF i LAKE HOLIDAY ESTATES - FIRST AND SECOND READING - APPROVED I i Upon motion made by J. Robert Russell and seconded by Richard F. Madigan, 1 BE IT RESOLVED, That the Board of Supervisors of the County of Frederick i does herein approve on first and second reading the following ordinance: j AN ORDINANCE TO AMEND THE FREDERICK COUNTY + ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973, J TO REZONE APPROXIMATELY 275.90 ACRES (SUR- ROUNDING THE SUMMIT) OF LAKE HOLIDAY ESTATES, INC., LOCATED WEST OF CROSS JUNCTION, VIRGINIA, 1 AND SOUTH OF WHITACRE, VIRGINIA, IN GAINESBORO I MAGISTERIAL DISTRICT; FROM AGRICULTURAL, LIMITED (A-1) TO RESIDENTIAL RECREATION COMMUNITY (R-5) The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye, j i AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973, TO ADD SECTIONS 2-1-23, 3-1-25,12-1-22, 13-1-27 AND SECTIONS 9-1-11, 10-1-26, 12-1-21, 13-1-26 FIRST AND SECOND READING APPROVED Upon motion made by Richard F. Madigan and seconded by Dennis T. Cole, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick ' does herein approve on first and second reading the following ordinance: AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973, TO ADD: SECTIONS 2-1-23, 3-1-25, 12-1-22, 13-1-27 TO READ: RETAIL AND WHOLESALE BUSINESSES ESTAB- LISHED BEFORE NOVEMBER 1, 1973, WITH EXPANSION PERMITTED UP TO 50% OF THE SQUARE FOOTAGE OF THE ORIGINAL STRUCTURE SECTIONS 9-1-11, 10-1-26, 12-1-21, 13-1-26 TO READ: SINGLE FAMILY HOMES BUILT BEFORE NOVEMBER 1, 1973, WITH EXPANSION PERMITTED WITHIN THE BOUNDS OF THE EXISTING LOT LINES AND HOME OCCUPATIONS EXCLUDED 4 , 21 Mr. Cole suggested amending the zoning ordinance to provide for the ex- pansion of a non -conforming use in an agricultural district so that farmers might expand up to 50% as business is allowed to do under the zoning ordinance. Upon motion made by Dennis T. Cole and seconded by J. Robert Russell, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein refer to the Planning Commission for study and recommendation the question of permitting expansion of non -conforming uses in agricultural dis- tricts up to 50%. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, i Aye. Mr. Madigan was absent from the room at the time of this vote. APPLICATION - STEWART BELL - BUILDING PERMIT - APPROVED Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does herein approve the application of Stewart Bell for a building permit for the construction of a 26' x 78' Farm Machinery Storage Building located on Routq 622, in Back Creek Magisterial District, and zoned Residential, limited (R-2), in- asmuch as the construction of Route 37 has taken an existing storage building simil+ to the one being applied for. The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. DEPARTMENT HEADS REPORTS - ACCEPTED After review the Department Heads reports were accepted. CONSTITUTIONAL OFFICERS REPORTS - ACCEPTED After review the reports of the Constitutional Officers were accepted. PUBLIC HEARINGS AN ORDINANCE TO REZONE 52.00 ACRES OF CARLIN L. SMITH, GEORGIA E. SMITH, AND LESTER A. ELLIOTT- THIRD AND FINAL READING APPROVED Mr. Ben Butler appeared before the Board on behalf of the petitioners and stated that the application is from R-3 to R-6 for multi -family and the acreage had been reduced from 83.00 to 52.00 acres, inasmuch as the Planning Commission had felt 83 acres was too large an area for multi -family and to accomodate the future historic preservation of Star Fort. There was no opposition to this rezoning. I y Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does herein approve the following ordinance on third and final reading: AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973, TO REZONE 52.00 ACRES, MORE OR LESS, OF CARLIN L. SMITH, GEORGIA E. SMITH, AND LESTER A. ELLIOTT, LOCATED 400 FEET EAST OF ROUTE 522 NORTH, APPROXIMATELY 4/10 MILES NORTH OF THE WINCHESTER CITY LIMITS, IN STONEWALL MAGISTERIAL DISTRICT; FROM RESIDENTIAL, GENERAL (R-3) TO MULTI -FAMILY, RESIDENTIAL (R-6) The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. qP8183 2 5 3. Method of payment will be through the Frederick County Sanitation Authority as the actual costs are incurred. 4. Funds will come from unallocated surplus and estimated costs as provided by the Hospital's Consultant/Engineer will not exceed $82,000. 5. Cost recovery will be accomplished by having the Frederick County Sanitation Authority connect to the line through a meter and the City will wholesale wastewater to the Frederick County Sanitaion Authority. The Authority will then provide service to any development occurring in the County and repay the County from connector's fees that are collected due to that development. Other methods of cost recovery agreed to by the Authority may be used. 6. It is understood that connections in this proposed service area will be County customers and that this proposed service area will have impact on the County's capacity in the new Regional Wastewater Treatment Plant. JOINT PUBLIC HEARING The following Planning Commission members were present for the Joint Public Hearing: Mr. French Kirk, Col. Lynn Myers, Mr. Jim Golladay, Mr. Frank Brumback, Mrs. Marjorie Copenhaver and Mr. Manuel DeHaven. Mr. Horne stated that the Board had scheduled a public hearing with the Frederick County Planning Commission for adoption of the Residential Performance Zoning Districts on September 28, 1983, and in order to accomplish the objectives of this ordinance it was necessary to amend both the Zoning and Subdivision Ordinances. AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 21, ZONING, TO AMEND ARTICLE I, SECTION 21-1; DELETE ARTICLES V, VI, VII AND X: AMEND ARTICLE XVIII, SECTION 21-145: AND REPLACE ARTICLES V AND VI WITH RESIDENTIAL PERFORMANCE DISTRICT AND MASTER DEVELOPMENT PLAN REGULATIONS. THIS ORDINANCE WILL REPLACE THE EXISTING R-1, R-2, R-3 AND R-6 ZONING REGULATIONS WITH THE RESIDENTIAL PERFORMANCE DISTRICT REGULATIONS: INSTITUTE MASTER DEVELOPMENT PLAN REGULATIONS; AND REQUIRE A SITE DEVELOPMENT PLAN FOR CERTAIN LAND USES WITHIN THE RESIDENTIAL PERFORMANCE ZONING DISTRICT. Mr. Brumback stated that a lot of work had gone into these ordinance amendments and he would like to thank everyone who had given so much of their time on this project and especially the Planning Department staff. Mr. Joe Massie, local Attorney, appeared before the Board and stated that he was Executor of an Estate that owned property on Senseny Road and that the 100 foot buffer that was part of this ordinance concerned him with reference to this property. Mr. Horne stated that this could be appealed to the Board of Zoning Appeals. Mr. Kit Molden, President of the Top of Virginia Builders Association, appeared before the Board and stated that he would like to thank the i Planning Commission and the Planning staff for all their work on these ordinance amendments. Upon motion made by French Kirk, seconded by Colonel Myers and passed unanimously, the above ordinance amendment was approved by the Planning Commission. Upon motion made by Kenneth Y. Stiles, seconded by William H. Baker and passed unanimously, the above ordinance was approved by the Board of Supervisors. (A copy of this ordinance amendment is on file in the Planning and Development Office.) AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 18, SUBDIVISION OF LAND, TO READOPT ALL OF CHAPTER 18 INCLUDING ARTICLES I, ll, III, IV, V AND VI. THIS ORDINANCE WILL RE - CODIFY ALL OF CHAPTER 18 AND INCLUDE PROVISIONS TO COORDINATE THIS CHAPTER WITH THE REQUIREMENTS OF THE NEW RESIDENTIAL PERFORMANCE DISTRICT OF CHAPTER 21, ZONING. THE ORDINANCE WILL ALSO TRANSFER FINAL SUBDIVISION PLAT APPROVAL TO THE PLANNING COMMISSION, AFTER THE FINAL MASTER DEVELOPMENT PLAN IS APPROVED BY THE BOARD OF SUPERVISORS. THE ORDINANCE ALSO CHANGES CERTAIN STORMWATER DRAINAGE REGULATIONS. Upon motion made by Jim Golladay, seconded by Colonel Myers and passed unanimously, the above ordinance amendment was approved by the Planning Commission. Upon motion made by Kenneth Y. Stiles, seconded by Will L. Owings and passed unanimously, the above ordinance amendment was approved by the Board of Supervisors. (A copy of this ordinance amendment is on file in the Planning and Development Office.) BOARD DISCUSSED CURRENT STATUS OF SHAWNEELAND WITH REFERENCE TO BANKRUPTCY COURT AND WHAT ACTION THE BOARD SHOULD TAKE AT THIS TIME Mr. Riley stated that he had received a letter from Mr. Chandler and also had talked with him late this afternoon by phone and at that time he stated that he had more items to be addressed and that he would be back in touch with him by next week. Mr. Stiles stated that inasmuch as the plan, that had been submitted to the Board as a possible solution, and as submitted by Mr. Herman, had not materialized and that Mr. Chandler should be notified that this plan is no longer acceptable by this Board. The Board discussed this with Mr. Ambrogi and Mr. Ambrogi stated that he felt the County should leave all doors open and not shut the door on any possible plan in order that this situation might be resolved. LE • � bef. 8 , �q8o DELETE - ZMAP 85, Parcels 49 through 56, R-2 to A-2 fa DELETE - ZMAP 85(A), Circle 1, Parcels 1 through 18, R-2 to A-2 DELETE - ZMAP85(A), Circle 2, Block A, Parcels 1 through 17, R-2 to A-2 DELETE - ZMAP 86, Parcels 83 and 84, R-3 to A-2 DELETE - ZMAP 86, Parcels 85 and 85(B), R-3 to A-2 DELETE - ZMAP 86, Parcels 85(D) and 85(E), R-3 to A-2 DELETE - ZMAP 86, Parcels 86 through 101, R-1 to A-2 DELETE - ZMAP 86, Parcels 110 and 111, R-1 to A-2 DELETE - ZMAP 86, Parcels 123 through 134 and 136 through 139, R-1 to A-2 DELETE - ZMAP 86, Parcel 142, R-1 to A-2 Mr. Stiles advised that the Planning Commission did not delete ZMAP 43 Circles 3 and 9. Mr. Stiles then moved to strike ZMAP 51, Parcel 45, R-1 to A-2, with the exception of Circle 17, all lots. This motion was seconded by William H. Baker and passed unanimously. Mr. Stiles then moved to add to the list of deletions ZMAP 54, Parcel 1, R-6 to R-3 except 29+ which shall remain R-6. This motion was seconded by R. Thomas Malcolm and passed unanimously. Upon motion made by Kenneth Y. Stiles and seconded by William H. Baker, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick Virginia, does herein approve Zoning Map Amendment Petition Number 011-80 requesting that the property now zoned R-1 (Residential -Limited), R-2 (Residential -Limited), R-3 (Residential General), R-4 (Residential Planned Community), R-5 (Residential Recreational Community), R-6 (Multi -Family Residential), and MH (Mobile Home Community), be rezoned to the following categories as listed herein and identified by the Frederick County Identification Map and Parcel Numbers as amended. This ordinance shall be in full force and effect upon adoption by the Board of Supervisors of Frederick County, Virginia, and it is declared to be the intention of the Board of Supervisors that sections, paragraphs, sentences, clauses and phrases of this ordinance are severable and if they shall be declared unconstitutional or otherwise invalid, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance. ZMAP 22 Parcel: 57 R-6 to A-2 Apple Pie Ridge Stonewall District Apartments 86 • ZMAP 43 Welltown Area Parcels: 56 through 62 R-3 to A-2 ZMAP 43 Welltown Area Parcels: 64 through 70 R-3 to A-2 ZMAP 43 Welltown Area Parcels: 80, 81(A), 82 R-3 to A-2 ZMAP 43 Welltown Area Parcels: 86 through 95 R-3 to A-2 Stonewall District Stonewall District Stonewall District Stonewall District ZMAP 43 Rt. 11 North Stonewall District Parcels: 96 through 99 South of Buckley R-3 to A-2 Lages ZMAP 43 Rt. 11 North Stonewall District Parcels: 111, 112 South of Buckley R-3 to A-2 Lages ZMAP 43 Hackwood Property Stonewall District Parcel: 157 R-4 to A-2 ZMAP 43 Circle: 1 Welltown Acres Stonewall District All Lots Except A2, A3, B R-3 to A-2 ZMAP 43 Circle: 8, 9 Welltown Area Stonewall District All Lots R-3 to A-2 ZMAP 51 Cabiniss Back Creek District Parcel: 45 R-1 to A-2 ZMAP 51 Zeiger Subdi- Back Creek District Parcels: 126, 125, 146 vision R-1 to A-2 ZMAP 51 Zeiger Subdi- Back Creek District Parcel: 152 vision R-1 to A-2 ZMAP 52 Merrimans Lane Back Creek District A portion of parcel 310 Area R-2 to A-2 ZMAP 53 Merrimans Lane Back Creek District Parcel: 88 Area R-2 to A-2 ZMAP 53 Merrimans Lane Back Creek District Parcels: 89 through 95 Area R-2 to A-2 ZMAp 53 Circle: 3 Merrimans Lane Back Creek District Parcels: (A), (A)1, B Area R-2 to A-2 ZMAP 54 Star Fort Stonewall District Parcel: 1 (53 acres) R-6 to R-3 (+ 29 acres to remain R-6) ZMAP 54 Lee St. Area Stonewall Distrrict Parcel: 20 R-1 to R-3 ti II • � os, �I 1 II MASTER DEVELOPMENT PLAN 1004-94 - STAR FORT - APPROVED Mr. Orndoff asked if this property was in Stonewall or Gainesboro District. It was the consensus of the board that this is in Stonewall District and the information from the planning department should be changed to note this. Mr. Kris Tierney, assistant planning director, noted that the planning department had received a letter this date from Shockey Brothers wherein they have no objection to this request. Mr. Tierney noted that the staff recommended approval, contin- gent upon resolution, of open space issues and the necessary amendments to the plan to meet the technical requirements. The planning commission felt it was necessary to have the connection to Locke Drive, they also felt the owners of Star Fort should be a part of the application, which would address the open space concerns. Residents of Lucke Drive were present at the planning commission meeting and were opposed to having the entrance on � LDrive. The planning commission did recommend approval and they instructed staff and the applicant to work out the issues of open space and access to Lemke Drive. He further noted that the planning department had received a letter from Robert Rhodes, president of Middlesex Artillary Fleet's Battery, Inc. CSA, which the staff felt alleviates the concern over open space and the dedication of Star Fort. They had also received a letter from Chuck Maddox of G.W. Clifford along with a revised lay out for the proposed residential development, which also addresses some of the concerns of the residents of Locke Drive. The planning staff felt at this point that the applicant has donewhat he has been requested to do. Mr. Dick asked if 1,W Drive was within the state system. Mr. Tierney replied yes. Mr. Dick explained that the planned crossover concerned him inasmuch as it is not close to Hillcrest, it is further up the road, and he wondered whether this could be a problem. 062 n U Mr. Tierney explained that with staff and VDOT the primary entrance to and from the residential development will be the one at is across from the crossover on Route 522. Mr. Dick asked about the location of the deceleration lane, of the one coming out of Winchester, but going the other way, s he felt this is a very dangerous spot. He further asked here the commercial entrance was going to be. Mr. Tierney explained that this had not been specified at his time. Mr. Watkins stated that he felt this concern of Mr. Dick be ddressed when the motion was presented to approve this request. Mr. Dick stated that another concern he had was the owner- ip of Star Fort, and whether or not there would be any activi- ies at this location such as there are at Fort Shenandoah like he North and South Skirmishes. Mr. Tierney stated that this had not been discussed with e applicant. Mr. Smith stated that he wanted to be sure that anyone ying these lots would be aware of the proximity of Shockey others so complaints about equipment noise etc. would not be oming to the board once the development has started. Mr. Ellington stated that he had a concern about the turn round at the end of Le Drive. He requested that the plan- ing commission look at this at the site plan stage. Mr. llington further stated that when this was heard by the plan- ing commission he understood that Star Fort would be maintained y an assessment of the property owners of up to $400, which ould be placed in a fund and the recommendation was that this ould be administered by the board of supervisors, he is not in avor of this. Mr. Longerbeam stated that he felt a left hand turn is also eeded across the median strip, and the county needs to control e commercial entrances into this subdivision. Mr. John Foote, attorney, appeared before the board on half of George Glaize and Carlin Smith. He addressed the idea f how Star Fort could be done over and maintained and that is 1 1 1 063 1 1 how the assessment came about. There would be a mandatory assessment of not less than $50 and not more than $250, this would be limited to $50 per lot for the first five years and it could only be increased $10 per lot in the years following. They felt this would maintain Star Fort in the foreseeable future. The board would not be involved in handling any of these funds, the board could possibly be asked to approve the budget for the use of these funds. Mr. Chuck Maddox, of G. W. Clifford, appeared before the board to explain what was planned as far as the entrances were concerned. Mr. Dick stated that his area of concern with the reenact- ments, skirmishes still had not been addressed. Mr. Foote explained that the answer on this would have to come from Mr. Rhodes. Mr. Dick asked if the developers would be putting the A-ucK cul-de-sac in on L%a] Drive. Mr. Foote replied yes. Mr. Robert Rhodes appeared before the board stating that at this present time the only thing they are trying to do is get the fort preserved, and the only future use they will be doing is living history, there will be no skirmishes or perse battles. There will be demonstrations, life as it used to be in a fort, probably because of the neighbors there will be what they call dry firing weapons, no weapons will be loaded, only caps. The fort will be used certain times by union troops and certain times by confederate troops. Mr. Dick asked no noise from guns, none whatsoever. Mr. Rhodes replied only what a cap would sound like. Mr. Dick asked Mr. Rhodes if the group he was representing had any funds as far as restoring the fort, and have they ever been given any funds to restore the fort. Mr. Rhodes replied yes the first monies that were given to Star Fort were spent on the plans for Star Fort and all funds given have been expended over the years and the amount was approximately $24,000. There was one initial clearing, complete a topo plans of the area. The large chunk of money that was given to the fort was given and reversed right back to a company that did the initial clearing of the fort. 1984. Mr. Dick asked how long ago this happened. Mr. Rhodes replied that he thought it was around 1982 or Mr. Dick asked approximately how much went for clearing. Mr. Rhodes stated that approximately $22,000 was the turn around gift, which was basically from private individuals and went right back. itime. Mr. Dick asked if any clearing had been done since that Mr. Rhodes stated that some hand clearing by volunteers, other than that not much had been done. Ition. Mr. Longerbeam asked how many people were in this organiza- Mr. Rhodes replied four people. Upon motion made by Charles W. Orndoff, Sr., seconded by W. Harrington Smith, Jr., and in seconding the motion Mr. Smith requested that something be noted in the deeds that would make 'the owners aware of Star Fort and the activities that could take place there, the master development plan #004-94 of Star Fort was approved by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye Mr. Longerbeam requested that he might see a copy of a deed before the master development plan is finalized. BOARD TAKES 5 MINUTE RECESS REQUEST FOR SUBDIVISION WAIVER - APPROVED UNDER CONSENT AGENDA This plat proposes the division of a 2.309 acre lot from a larger tract consisting of 74.769 acres. This would be a permitted division except for the fact that Section 165-56 A. of the Zoning Ordinance requires that the lot be 250' in width at the 60' setback line when established on an existing state maintained road. The proposed eastern boundary of this lot is also the zoning boundary of the MH-1 zoned land also located on this parcel. The MH-1 zoned portion and this proposed lot are both 1 1 1 0 • 065 1! part of a larger parcel identified with PIN# 87-A-95. If this lot is required to have 250' frontage on Fairfax Pike, this would be possible but it would need to encompass enough of the MH-a zoned portion to establish that width. Since this is a subdivision issue, this request can be approved or denied by the board of supervisors with a recommen- dation from the Planning Commission. ROAD RESOLUTIONS FOR CANTERBURY SQUARE, FREDERICK WOODS, SENSENY GLEN AND OAKDALE CROSSING — APPROVED UNDER CONSENT AGENDA RESOLUTION BY THE FREDERICK COUNTY BOARD OF SUPERVISORS The Board of Supervisors of Frederick County, in regular meeting on the 14th day of September, 1994, adopted the follow- ing: RESOLUTION WHEREAS, the streets described on the attached Additions Form SR-5(A), fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Frederick County, and WHEREAS, the Resident Engineer of the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation, and WHEREAS, the County and the Virginia Department of Trans- portation have entered into an agreement on June 9, 1993 for comprehensive stormwater detention which applies to this request for addition, NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets de- scribed on the attached Additions Form SR-5(A) to the secondary system of state highways, pursuant to 33.1-229, Code of Virgin- ia, and the Department's Subdivision Street Requirements, and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virgin- ia Department of Transportation. ROUTE 37 RECOMMENDATION FROM ROBERT WATKINS, PLANNING DIRECTOR Mr. Watkins stated that the final decision concerning which Route 37 alternative will be chosen will rest with the Virginia Commonwealth Transportation Board. The time has come in the process when it would be appropriate for the County to make a recommendation to the Transportation Board concerning which alternative would be most appropriate. Once this decision is made, a final environmental impact statement will need to be completed describing the environmental impacts of the alterna- tive chosen and describing how those impacts will be addressed. Engineering design will follow the final EIS. After design 061 MASTER DEVEWPHENT PLAN 1004 94_ STAR FORT APPROVED Mr. Orndoff asked if this property -was in Stonewall or Gainesboro District. It was the consensus of the board that this is in Stonewall District and the information from the planning department should be changed to note this. Mr. Kris Tierney, assistant planning director, noted that the planning department had received a letter this date from Shockey Brothers wherein they have no objection to this request. Mr. Tierney noted that the staff recommended approval, contin- gent upon resolution, of open space issues and the necessary amendments to the plan to meet the technical requirements. The planning commission felt it was necessary to have the connection to Locke Drive, they also felt the owners of Star Fort should be{ a part of the application, which would address the open space concerns. Residents of Locke Drive were present at the planning commission meeting and were opposed to having the entrance on Locke Drive. The planning commission did recommend approval and they instructed staff and the applicant to work out the issues of open space and access to Locke Drive. He further noted that the planning department had received a letter from Robert Rhodes, president of Middlesex Artillary Fleet's Battery, Inc. CSA, which the staff felt alleviates the concern over open' -'Space and the dedication of Star Fort. They had also received a letter from Chuck Maddox of G.W. Clifford along with a revised lay out for the proposed residential development, which also addresses some of the concerns of the residents of Locke Drive. The planning staff felt at this point that the applicant has done what he has been requested to do. Mr. Dick asked if Locke Drive was within the state system. Mr. Tierney replied yes. Mr. Dick explained that the planned crossover concerned him'-,`, inasmuch as it is not close to Hillcrest, it is further up the road, and he wondered whether this could be a problem. Mr. Tierney explained that with staff and VDOT the primary ,prance to and from the residential development will be the one iat is across from the crossover on Route 522. Mr. Dick asked about the location of.the deceleration lane, )t.the one coming out of Winchester, but going the other way, he felt this is a very dangerous spot. He further asked sere the commercial entrance was going to be. Mr. Tierney explained that this had not been specified at lis time. Mr. Watkins stated that he felt this concern of Mr: Dick be ;dressed when the motion was presented to approve this request. Mr. Dick stated that another concern he had was the owner- iip'of Star Fort, and whether or not there would be any activi- Les at this location such as there are at Fort Shenandoah like ie.North and South Skirmishes. Mr. Tierney stated that this had not been discussed with applicant. Mr. Smith stated that he wanted to be sure that anyone ring these lots would be aware of the proximity of Shockey ?Others so complaints about equipment noise etc. would not be 7ming to the board once the development has started.. Mr. Ellington stated that he had a concern about the turn .ound at the end of Locke Drive. He requested that the plan- Lng commission look at this at the site plan stage. Mr. ington further stated that when this was heard by the plan- ,Pg commission he understood that Star Fort would be maintained r an assessment of the property owners of up to $400, which )uld be placed in a fund and the recommendation was that this )uld be administered by the board of supervisors, he is not in Ivor of this. r Mr. Longerbeam stated that he felt a left hand turn is also ;eded across the median strip, and the county needs to control ;e commercial entrances into this subdivision. Mr. John Foote, attorney, appeared before the board on ;half of George Glaize and Carlin Smith. He addressed the idea how Star Fort could be done over and maintained and that is 1 E 1 S 063 how the assessment came about. There would be a mandatory assessment of not less than $50 and not more than $250, this would be limited to $50 per lot for the first five years and it could only be increased $10 per lot in the years following. They felt this would maintain Star Fort in the foreseeable future. The board would not be involved in handling any of these funds, the board could possibly be asked to approve the budget for the use of these funds. Mr. Chuck Maddox, of G. W. Clifford, appeared before the board to explain what was planned as far as the entrances were concerned. Mr. Dick stated that his area of concern with the reenact- ments, skirmishes still had not been addressed. Mr. Foote explained that the answer on this would have to come from Mr. Rhodes. Mr. Dick asked if the developers would be putting the cul-de-sac in on Locke Drive. Mr. Foote replied yes. Mr. Robert Rhodes appeared before the board stating that at this present time the only thing they are trying'to do is get the fort preserved, and the only future.use they will be doing is living history, there will be no skirmishes or perse battles. There will be demonstrations, life as it used to be in a fort, probably because of the neighbors there will be what they call dry firing weapons, no weapons will be loaded, only caps. The fort will be used certain times by union troops and certain times by confederate troops. Mr. Dick asked no noise from guns, none whatsoever. Mr. Rhodes replied only what a cap would sound like. Mr. Dick asked Mr. Rhodes if the group he was representing had any funds as far as restoring the fort, and have they ever been given any funds to restore the fort. Mr. Rhodes replied yes the first monies that were given'to Star Fort were spent on the plans for Star Fort and all funds given have been expended over the years and the amount was approximately $24,000. There was one initial clearing, complete rw o,po plans of the area. The large chunk of money that was given d.'the.fort was given and reversed right back to a company that id the initial clearing of the fort. Mr. Dick asked how long ago this happened. Mr. Rhodes replied that he thought it was around 1982 or 9.8 4`. Mr. Dick asked approximately how much went for clearing. Mr. Rhodes stated that approximately $22,000 was the turn round gift, which was basically from private individuals and ent right back. 'Mr. Dick asked if any clearing had been done since that I'm e . Mr. Rhodes stated that some hand clearing by volunteers, ther than that not much had been done. Mr. Longerbeam asked how many people were in this organiza- ion. Mr. Rhodes replied four people. Upon motion made by Charles W. Orndoff,'Sr., seconded by W. a_rrington Smith, Jr., and in seconding the motion Mr. Smith equested that something be noted in the deeds that would make ,ie owners aware of Star Fort and the activities that could take lace there, the master development plan #004-94 of Star Fort as approved by the following recorded vote: Richard G. Dick - Aye W. Harrington Smith, Jr. - Aye James L. Longerbeam - Aye Robert M. Sager - Aye Jimmie K. Ellington - Aye Charles W. Orndoff, Sr. - Aye Mr. Longerbeam requested that he might see a copy of a deed More the master development plan is finalized. BOARD TAKES 5 MINUTE RECESS REQUEST FOR SUBDIVISION WAIVER - APPROVED UNDER CONSENT AGENDA This plat proposes the division of a 2.309 acre lot from a irger tract consisting of 74.769 acres. This would be a :rmitted division except for the fact that Section 165-56 A. of ie,Zoning Ordinance requires that the lot be 2501 in width at ie 601 setback line when established on an existing state i.nta fined road. The proposed eastern boundary of this lot is also the ,)ping boundary of the MH-1 zoned land also located on this ircel. The MH-1 zoned portion and this proposed lot are both 06,14 part of a larger parcel identified with PIN,# 87-A-95. If this lot is required to have 250' frontage on Fairfax Pike, this would be possible but it would need to encompass enough of the MH-a zoned portion to establish that width. Since this is a subdivision issue, this request can be approved or denied by the board of supervisors with a recommen- dation from the Planning Commission. ROAD RESOLUTIONS FOR CANTERBURY S UARE FREDERICK WOODS 1. SENSENY GLEN AND OAKDALE CROSSING APPROVED UNDER CONSENT AGENDA RESOLUTION BY THE FREDERICK COUNTY BOARD OF SUPERVISORS The Board of Supervisors of Frederick County, in regular - meeting on the 14th day of September, 1994, adopted the follow- ing: RESOLUTION WHEREAS, the streets described on the attached.Additions Form SR-5(A), fully incorporated herein by reference, are shown ;.. on plats recorded in the Clerk's Office of the Circuit Court of .';I... Frederick County, and WHEREAS, the Resident Engineer of the Virginia Department of Transportation has advised this.Board .- requirements established by the SubdivisionStreettRequirements of the Virginia Department of Transportation, and WHEREAS, the County and the Virginia Department of Trans- portation have entered into an agreement on June 9, 1993 for comprehensive stormwater detention.which applies to this request for addition, NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets de- scribed on the attached Additions Form SR-5(A) to the secondary system of state highways, pursuant to 33.1-229, Code of Virgin- ia, and the Department's Subdivision Street Requirements, and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Eng ineer for the Vir in- ia Department of Transportation. g ROUTE 37 RECOMMENDATION FROM ROBERT WATRINS PLANNING '. DIRECTOR.* Mr. Watkins stated that the final decision concerning which Route 37 alternative will be chosen will rest with the Virginia..,, Commonwealth Transportation Board. The time has come'in the process when it would be appropriate for the County to make a recommendation to the Transportation Board concerning which alternative would be most appropriate. Once this decision is made, a final environmental impact statement will need to be completed describing the environmental impacts of the alterna- tive chosen and describing how those impacts will be addressed. IIEngineering design will follow the final EIS. After design 11 .1 , �.r 1_ 1 4 o,\ gilbert w. cli f ford & associates, inc. 200 North Cameron Street • Winchester, Virginia 22601 703-667-2139 • Fax: 703-665-0493 STAR FORT Staff Comments FCSA: 4/11 /94 No Comments! Frederick County Commonwealth Attorney 4/8/94 No Problems! Frederick County Engineer: 7/1/94 1) Improve Lauck Drive, VDOT owned. 2) SWM Plan/RR embankment/Route 100 year storm, as -built condition of RR? 3) Label the contours. 4) Will curb & gutter be used? Show how to route to SWM basin. VDOT - #1: 6/27/94 1) No connection to Rt. 832. 2) Cul-de-sac at end of Rt. 832. 3) Upgrade median crossover/future trip generation data. 4) Access commercial from internal streets? 5) Problems with future Fort Collier Road! Parks & Recreation: 4/12/94 1) Meets open space requirements. 2) Impact model should be updated. Fire Marshall: 5/6/94 1) Comment relative impacts on fire services. STAR FORT Staff Comments Page 2 VDOT - #2: 7/ 11 /94 1) Prefer Rt. 522 entrance only; not Rt. 832. 2) If entrance on Rt. 832, then improve Rt. 522 entrance. 3) Improve existing Rt. 522 median crossover. 4) Suggest use internal streets to access Rt. 522. 5) Problems with proposed Ft. Collier Road. 6) Minimum centerline internal road radius should be 260' 7) Grade problems; landing adequacy? Frederick County Planning 9/14/95 1) Scale of MDP must allow good review. 2) Environmental factors need work (Woodland area delineation) 3) Designated open space on plan - where? 4) Add a legend. 5) Vacant triangle in front - what use? 6) Ordinance Requirements a) Buffer between B-2 and RP (Hillcrest too) b) Open space must be 11.25 acres. Star Fort is counted but who is owner? c) Annual assessment proffer? � 7) Commission wants assurance in deed covenants against noise pollution due to reenactments. 8) Buffer adjacent industry and add a note in deed covenants.. 9) Commission allowed access to Rt. 832. 10) Only property owners will support Star Fort (i.e. no government support offered). 11) Board wants developer to work out an agreeable road connection on Rt. 832. Frederick County Planning Commission Letter: 1/18/95 1) Bikeway and pathway systems. 2) Will curb & gutter or roadside ditches be used? 3) Location of woodlands? Disturbed and preserved? Show on MDP. 4) Add orientation arrow. 0 0 Star Fort MDP February 16, 1995 Chuck Maddox, following a TRC meeting, spoke with Eric Lawrence about the Star Fort MDR Mr. Maddox provided Mr. Lawrence with a list of staff comments provided to G.W. Clifford since April 11, 1994. Mr. Maddox stated that he would address each comment to guarantee that all comments would be addressed. February 23, 1995 Steve Gyurisin called Eric Lawrence to inquire into the status of the Star Fort MOP. Mr. Lawrence inform Mr. Gyurisin about the list of staff comments to be addressed, which Mr. Maddox had developed. Mr. Lawrence also indicated that the comments be addressed prior to submission of the MOP for approval. Do not mail ...... file: .... \ERLCR\STARFRT.REV Steve Gyurisin received this letter at our office on 1/26/95 January 18, 1995 Gilbert W. Clifford & Associates Attn: Mr. Stephen M. Gyurisin 200 North Cameron Street Winchester, Virginia 22601 RE: Star Fort Master Development Plan Dear Steve : I have had an opportunity to review the Star Fort MDP submitted to this office January 17, 1995. The following comments need to be addressed prior to final approval of this master development plan: 1) Please include the proposed bikeway/pathway system in this plan. This issue was discussed during the August 3, 1994, Frederick County Planning Commission meeting. 2) Stormwater Management Plan. Mr. Strawsnyder commented that curb and gutter should be used to convey storm flows. The MDP does not illustrate that curb and gutter will be used. At the 8/3/94 PC meeting, Mr. Maddox indicated that road side ditches, culverts and surface flow would be practiced. What is the situation? 3) Please indicate the location of the existing woodlands, and the woodlands which will be preserved. The submitted MDP indicates that 32 acres of woodlands exist, and 25% of which will be disturbed. Please locate this change on the MDP. 4) The orientation arrow is not on the submitted MDP. Please include such a device on the MDP. Revise your master development plan to address these comments. I will need to receive five copies of the final site plan in order to proceed with approval of this project. Please contact me if I may answer any questions regarding this letter, or if I may be of further assistance. Sincerely, Eric R. Lawrence Planner I 0 • gilbert w. cli f f ord & associates, inc. 200 North Cameron Street • Winchester, Virginia 22601 703-667-2139 • Fax: 703-665-0493 9 r January 13, 1995o.0ek, 'p9��L�O ti CO Mr. Kris Tierney, Deputy Director of Planning c'� Ftir c �'l'� Frederick County Planning Department �`cQ�'6Z82 �i,�1' 9 N. Loudoun Street Winchester, Virginia 22601 RE: Star Fort Master Development Plan - Final Approval Dear Kris: Attached you will find for your approval five (5) copies of the revised Master Development Plan for Star Fort. All agency and planning comments have been addressed. It is my understanding that this Master Plan has been approved by the Planning Commission and Board of Supervisors and that all applications and fees have been paid. Additionally, all review agencies have been solicited for comments. Sincerely, gilbert w. clifford and associates, inc. Step M. Gyurisin enclos res .14 • • 4 to be met, and in particular, those regarding sidewalk widths and temporary turn-arounds. Upon motion made by Mr. Thomas and seconded by Mr. Light, BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve Subdivision Application #004-94 of Woodside for 66 lots for single-family detached housing contingent on sidewalks being added to both sides of all streets and that all staff and review agency comments are adequately addressed prior to final administrative approval and recordation. The vote was as follows: YES (to approve.). Stone, Light, Copenhaver, Wilson, Romine, Thomas, DeHaven, Shickle NO. Morris R_ANNi.J(- Cr��,•.—,sa+J ABSTAIN. Golladay ----------- MASTER DEVELOPMENT PLANS Preliminary Master Development Plan #004-94 of Star Fort to establish 163 single-family detached homes. This property is identified with PIN 54-A-1 and is located adjacent and south of Lauck Drive (Rt. 832) and adjacent and east of Route 522 North, in the Gainesboro District. Action - Recommendation of Approval Mr. John H. Foote, Attorney for the developer, and Mr. Charles W. Maddox, Jr., design engineer, were representing the applicants, Mr. George Glaize and Mr. Carlin Smith. Mr. Foote said that the deed that granted the Star Fort property to Middlesex Artillery Fleets Battery, Inc. required that Star Fort be maintained perpetually as open space and as a historic preservation site. Mr. Foote said that the MDP presented is for the residential development that surrounds the Star Fort site. He said that resources to maintain the site currently do not exist and they are proposing a "per lot assessment" to each residential lot for the operation of Star Fort. He said that this will be public money subject to public scrutiny. Mr. Foote said that this will be a funding mechanism for the operation and maintenance of Star Fort, however, the property owners would not be liable for maintenance or accidents occurring on the Star Fort site. Mr. Foote also noted that the applicant will provide public access to the fort and they will provide buffering from the surrounding residential development. Mr. Maddox said that their intent is to protect Star Fort's vista to Winchester and to properly buffer adjacent uses in order to give the visitor to Star Fort a "re-creation" experience. Mr. Maddox showed slides of the Star Fort site and surrounding uses; he indicated 3847 5 the general location of the main entrance onto Route 522; he discussed the stormwater management plan, which consisted of road side ditches, culverts, and surface flow; he explained the circular loop road and the bikeway/pathway which are planned through the residential development; he also addressed the commercial area proposed along Route 522. The Commission was concerned about the applicant's stormwater management plan because of the history of drainage problems in this general area.. They were also concerned about whether noise coming from Shockey Brothers, Inc. would impact the site. Mr. Foote stated that they were prepared to put notes on: individual property deeds Warning people of the existence of surrounding industrial development,and of the probability that Shockeys may expand their operations in the future. The Commission discussed areas of the site that needed to be buffered. They felt that the Star Fort site needed to be buffered from surrounding residential development and that the residential development needed buffered from the proposed commercial areas and surrounding industrial uses. Parking and bike trails were also discussed. : , It was noted that VDOT did not want an access to Lauck Drive (Rt. 832); however, the staff and applicant felt that a second access was necessary, especially for emergency vehicles. Commissioners felt that Lauck Drive would become a much busier street. They felt that if Lauck Drive was "de-emphasized" and a fully functioning main entrance was placed at Rt. 522, that the majority of traffic would choose that route. Mr. Tierney presented the background material and agency review comments, Mr. Tierney said that a letter was submitted by Mr. J. Donald Shockey, Jr. on behalf of Shockey Bros., Inc. stating for the record their intention to expand their facility in the future. Mr. Tierney brought the Commission's attention to the issue of dedicating property, not owned by the applicant, for open space and the precedent it may set. He said that if the owners of the fort were a party to the application, then the acreage could be considered a part of the plan. Chairman Golladay called for public comment and the following persons came forward: Mr. Robert Rhodes, the President of Fleets Virginia Battery Middlesex Artillery, the owners of Star Fort, was present to speak in favor of the proposed master development plan. Mr. Rhodes stated that when'the fort property was downzoned by the Board of Supervisors, they approved the fort as open space for future development. He said the deed of gift obtained by Middlesex Artillery for the original three acres stated the land was open space and was accepted as an agreement between Middlesex Artillery and the giftees that this would remain as open space. In 1981, an additional four acres was gifted under the same conditions. Mr. Rhodes felt the proposed development plan was Middlesex Artillery's opportunity to do something positive with Star Fort. He felt the fort would be more meaningful 3848 6 if it was partially reconstructed with a museum in the commercial area, which was their long term goal. Mr. Rhodes said that the Middlesex group has been working with the developer for the last 12 years and they are very much in favor of what the developer is proposing. Mr. Kenneth Y. Stiles, former member of the Planning Commission and former Board of Supervisors Chairman, also gave the Commission some historical background concerning the Star Fort site. Mr. Stiles said that the fort was zoned R6 in the early 1960s for a high -density townhouse/apartment development. He said that about 10 acres of the R6 was down zoned with the Comprehensive down zoning in 1980. He said that the Board accepted that when Mr. Smith donated the property to Mr. Rhodes' group that this would be part of the open space required for any development there. Mr. Stiles felt that with regard to the Rt. 832 access, he understood the problems the neighbors would have, but as a practical matter, he felt the bulk of the traffic would use the Route 522 entrance. He felt that Rt. 832 was in good condition and it was policy for every subdivision to have two access points. Mr. Stiles also stated that Mr. Rhodes has struggled with Star Fort since 1980 with no outside assistance. Mr. Stiles felt this situation would benefit Star Fort and he felt the County should support it. Mr. George Glossner, resident on the west side of Lauck Drive, was concerned about water runoff from the development creating drainage problems on his property. He also requested that the Commission accept VDOT's recommendation not to have an access on Lauck Drive. Mrs. Susan Mallozzi, resident on Lauck Drive, was also opposed to having an access to Lauck Drive. She said that Lauck Drive is now a low traffic street and children play on the street. Mrs. Mallozzi was also concerned about getting cracks in her home if the developer needed to blast to put roads in. Mr. Robert Watkins, Frederick County Planning Director and staff support to the Winchester -Frederick County Battlefield Task Force, said that the Task Force is very much in support of the developer's proposal in terms of historic preservation. Mr. Watkins said that all of the historic preservation groups are represented on the Task Force. He said that they have reviewed this MDP and there is no dissent among them. Mr. Watkins said that the members of the Task Force feel this is a positive way to address the issues of Star Fort and is a way to preserve the historic site without using County funds. At this time, a motion was made by Mrs. Copenhaver, seconded by Mr. Wilson, and unanimously passed to make the letter from J. Donald Shockey, Jr., of Shockey Bros, Inc., a part of the official record. The Commission requested some assurance from the applicant that there would not be problems from the residential development with noise that may be generated by the existing surrounding industry; that the applicant work with the staff to provide a road connection 3849 7 to Lauck Drive; that the applicant work with the staff towards a satisfactory resolution of the open space issue; that it be made clear that individual lot owners would not be liable for maintenance or any accidents occurring at the Fort property. Upon motion made by Mr. Shickle and seconded by Mr. DeHaven, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Preliminary Master Development Plan #004-94 of Star Fort to establish 163 single-family detached homes contingent upon the staff and the applicant working out an agreeable road connection to Lauck Drive and upon satisfactory resolution of the .open space issue, the provision of required buffers, and compliance with all other staff and review agency comments. Discussion regarding a rezoning request by Frank M. Funk to down zone from RP (Residential Performance) to RA (Rural Areas) to establish .lots for placement of mobile homes. This property is located on the west side of Route 647 in the Opequon District. Mr. Tierney said that Mr. Funk is considering applying for the rezoning of two small lots, fronting on the west side of Route 647, from RP to RA. Mr. Tierney said that the purpose for the rezoning would permit Mr. Funk to allow two of his grandchildren to place mobile homes on the lots. Mr. Tierney said that mobile homes are not permitted under the present RP zoning. The Commission felt there were some potential problems with allowing a small piece of RA zoning in the midst of an urban/ residential area. They felt there would be potential conflicts in terms of non -compatibility of uses and were not generally in favor of the request. Mr. Funk was not present. Discussion regarding a proposed rezoning of 16 acres (the Wierman property) from RA (Rural Areas) to RP (Residential Performance) for general development. This property is located west of Mill Race Estates in the Stonewall District. Mr. Ron Mislowski, P.E. with G. W. Clifford & Associates, gave the Commission a preliminary presentation on a proposed rezoning of 17.6 acres, on the north side of Valley Mill Road (Rt. 659), just west of Mill Race Estates, from RA (Rural Area) to RP (Residential Performance). Mr. Mislowski said that there will be some land transfers taking place between the Wierman property and the adjacent Racey property to make up the 17.6 acres. Mr. Mislowski said that they plan to connect to Millrace Drive for access. He said that they are 3850 � \L 50 Zr+w Dllrt i Buffer VICINITY MAP \ \ / (25' A.U. R 25' Inath.) bw r.v T1p. -A- PROJECT SUMMARY 1 \ ,, , rare. • •-t Adjoining Owner Information w r`w• .i -4 +..+ Parch No, O—es Nuns Zoning Ua T� w A M. O..�Aa Tm Aa •ur r.rtT Vl DwW S fth � RMw+ttl T.d. iy.��0" 1a e 03 Jarnaa T. R Yrr Jah Y R' w.id iu n.. 05 Jana T. R Ith Jvw YarFM/ RP It aid. .1 IN, 05 Charlotte Butler MaKee. at ale DD Oa.L tt Sm1M RP Vb—d Ol Chrloth I. Mat a1 d• RP RataRp t t 09 K Cre tm R�Mv, M�Cartr Re V..-t /I 10 �� YMib KRh • 111 / ... / �� „ Noce Krk. RP Y—t a�M�a fr.'14l'r / 12M*l E. ! Odd• L Layal RP Vasil / 1{ watt- E ! Odd. L Lwl RP Vaunt Ndtr L Oddh Brth. L Cd.at RP RrfatLl C Largaa/ RP Raldaltld L \ ' 1E CCMIa0.R! 13 ,ea Y. otinn � n.Wd tta 19 Y9d.d Par RP Ra1da1W ST 0 l\ ( r 21 Rat CM�dMi a/o JoM�• Taaoo RP R..h.ntlol wm •tw.�tw A OMt m / 22 1-" FL 0-,bw Ra R.rda1W w •+a1 Teat.. • 7 i / 23 Shown R. Trpl.tt RP RagnOM AYa•a f0 R.Ir )w. ( IA Phl L R t9anOe Odl Vaaeh RP R..knIMI Aw. 25 Da eft J. R Sean L MalotL RP RaYnBY Phar M• W�-Tt! %I 1°� / •/ OPEN SPACE DEDICATION 26 Barbara N. Noorr RP Y—t TO SATTLVI D PARK �-� APPrawO Byt `R,\gyp V 1' C !1` IaMa Ily1` m Endronmentd SchwJuh, • - SI ' REZONE S3 ACRES To COMMERCIAL b.~•• e Housing Schedule \ . (B-2) FROM RE90pi ilAL (RP) dA ..r.a, r... R • i a.�. i�a. w..tr 1a _ � Or' � � � iu ... s w� I+s . .at • b • M. w n..r. 1�Od.i. Nr r.t nq.y) IX BOOSTER STATION DMEKSON) OAD \� FONT CCA1JtA ROAD (R t r'RAP= SCALE Gilbert W. Clifford and Associates, Inc. STAR FORT -w— r,r� ��a Preliminary Master Plan 1�a w,M1 &Generalized Development Plan 0 1>K or o...v. a ew srY1 1a�..a M rrlW ��r K Ntt � if ALEXANDRIA OFFICE 510 KING STREET, SUITE 200 P.O. BOX 820 ALEXANDRIA. VIRGINIA 22313 (703) 836-8400 FAIRFAX OFFICE 3110 FAIRVIEW PARK DRIVE. SUITE 1400 P.O. BOX 12001 FALLS CHURCH, VIRGINIA 22042 (703) 641-4200 Ms. Susan L. Malozzi 165 Lauck Drive Winchester, Virginia Dear Ms. Malozzi: LAW OFFICES Hazel&Thomas A PROFESSIONAL CORPORATION PRINCE WILLIAM OFFICE THE OLD PIEDMONT BUILDING THIRD FLOOR 9324 WEST STREET MANASSAS, VIRGINIA 22110 (703) 330-7400 METRO (703) 803-7474 FAX (703) 330-7430 September 8, 1994 22603 • LEESBURG OFFICE SUITE 300 44084 RIVERSIDE PARKWAY LEESBURG. VIRGINIA 22075 (703) 729-8500 RICHMOND OFFICE 411 EAST FRANKLIN STREET, SUITE 600 P.O. BOX 788 RICHMOND, VIRGINIA 23206 (804) 344-3400 WINCHESTER OFFICE 107 NORTH KENT STREET, FOURTH FLOOR P.O. BOX 2740 WINCHESTER. VIRGINIA 22604 (703) 665-0050 Thank you very much for having been so courteous as to send me a copy of the petition and letter you sent to the Frederick County Board of Supervisors. I consider it most gracious of the citizens of Sunnyside to have included me in this distribution, since I can tell you that it is not entirely common for such courtesy to be extended. The developers of the Star Fort area understand their neighbors' concerns with respect to the management of stormwater runoff and the proposed access road. With respect to stormwater runoff, under modern stormwater engineering requirements, it will be imperative that all of the increased stormwater which is produced during the development be so channeled and retained that post -development runoff is no greater than pre -development runoff. My experience is that the improvements which are associated with development often rectify pre-existing problems as well, though I do not know whether that would be specifically applicable in your case. I am also advised that modifications have already been made to the proposal for access to Lauck Drive which will greatly diminish the inconvenience to the residents of Route 832. We have been straightforward that we believe access to Route 832 is essential to other development in the area, but we understand the need to mitigate its effects. As a result, I believe that the new proposal will reduce the potential consequences to the neighborhood substantially. • • WIlp It 0 Ms. Susan L. Malozzi September 8, 1994 Page 2 LAW OFFICES A PROFES51ONAL CORPORATION Mr. Maddox has more detail on this, and we would like to meet with you to discuss these points in greater detail. His office will call to set up a time convenient, and I will participate by phone, since I don't expect to be in Winchester until next Wednesday. Thank you again for writing. Sincerely yours, HAZEL br THOMAS, P.C. U i John,.H. Foote JHF:jw cc: Mr. George Glaize Mr. Carlin Smith Mr. Chuck Maddox Mr. Robert Watkins P.O. Box 2530 / Winchester, Virginia 22604-1730 (703) 667-7700 In Metropolitan Washington (202) 471-9770 September 14, 1994 Mr. Kris C. Tierney Deputy Director County of Frederick Dept. of Planning and Development 9 North Loudoun Street P. 0. Box 601 Winchester, VA 22601 Dear Mr. Tierney: This is in response to your August 31, 1994 letter regarding the application of Star Fort that will be considered at the Frederick County Board of Supervisors' meeting on September 14, 1994, at 7 p.m. We request that this letter be made a part of the Board of Supervisors' recorded minutes of that meeting. We are adjoining property owners; our land is zoned heavy industrial (M-2). For many years we have used part of this property for heavy industrial manufacturing purposes and plan to expand onto the undeveloped portions. As adjoining property owners, we feel it is essential that all parties concerned be fully aware of the current and intended use of our property. Heavy industrial and single family, detached housing do not seem to be a compatible mixture of uses. Therefore, the single family purchaser should realize that our undeveloped land could be filled with industry some day. Thank you for bringing this letter to the attention of the Frederick County Board of Supervisors. Very truly yours, SHOCKE J. inPr JDS:pb r P/C Review Date: 8/03/94 BOS Review Date: 9/14/94 MASTER DEVELOPMENT PLAN #004-94 STAR FORT LOCATION: South and adjacent to Lauck Drive (Route 832) and East and adjacent of Route 522N MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 54-A-1 PROPERTY ZONING & PRESENT USE: Zoned RP (Residential Performance) and B2 (Business General); Land Use: vacant, historical, and commercial. ADJOINING PROPERTY ZONING & PRESENT USE: Zoned RP (Residential Performance), B2 (Business General), and M2 (Light Industrial); Land Use: residential, commercial, industrial, and vacant. PROPOSED USE: B2 (commercial) & RP (single family detached) 163 single family detached homes. REVIEW EVALUATIONS: Virginia Dept. of Transportation: See attached letter to G. W. Clifford & Associates from W. H. Bushman dated June 27, 1994 also see attached letter dated July 11, 1994 to G.W. Clifford Associates from Robert Childress. Fire Marshal: 1) Submit impact statement on Fire and Rescue resources as established in Planning Department Program. 2) Comments from Round Hill Community Fire & Rescue Co. are to be addendums to this comment Sanitation Authority: No comment. County Engineer: See attached memorandum to Thomas W Price of G.W. Clifford Associates, from Harvey E. Strawsnyder, County E Engineer, dated July 1, 1994. Parks & Recreation: See attached. Planning & Zoning: The proposed single family development is a permitted use, and of a density acceptable, within the RP zone. Plan Notes The MDP is at a scale of one inch to 200 feet and is difficult to read. The plan should be at a scale of 100 feet to the inch or larger as required by the Zoning Ordinance. The environmental schedule indicates that there are 32 acres of woodland with 25% of this area being disturbed. The woodland area is not clearly shown and no indication of the location of disturbed area is given. It is very difficult to determine the location of designated open space on the plan. Some areas around the fort are labeled as open space, however, the limits are vague. There is. no clear distinction between what is the fort, what is open space and what is buffering. These last two items would have been helped by the inclusion of a legend. (Also an item required by the Ordinance.) No new use is shown for the vacant triangle of land in front of Star Fort. If any use is proposed for this land in the future, it will require a formal revision of the Master Development Plan. Ordinance Requirements Buffering is required between RP and B-2 uses. (The ordinance requires an "A" buffer) The plan does not indicate any buffering between the B-2 land fronting on Route 522 and the RP development, nor between the property labeled as Hillcrest Nursing Home and the residential zoning. There is also no indication of what the buffering around the fort is to consist of. The ordinance requires 15% open space for single family detached residential development; this would be 11.25 acres. The plan indicates that 7 of the required open space acres are to be the Star Fort site itself. The owner of the Star Fort site is not a party to the application, and there is nothing to indicate that they have consented to such an arrangement. 0 r] 3 Protection of Star Fort The document titled "Notes Applicable to the Preliminary Master Development Plan" lists a process by which property owners will pay an annual assessment which will go toward the preservation and maintenance of the fort. This assessment will start out at $50.00 per lot, for a total annual assessment on 163 lots of $8,150.00. STAFF RECOMMENDATIONS FOR 8/03/94 PC MTG.: Approval; contingent upon satisfactory resolution of the open space issue, provision of required buffers, and compliance with all other staff and review agency comments. PLANNING COMMISSION ACTION SUMMARY OF 8/03194: The Commission requested some assurance from the developer that there would not be problems from the residential development with noise that may be generated by the existing surrounding industry. It was suggested that a statement be included on individual property deeds making potential homeowners aware of the adjoining M2 industry. The Commission felt there should be access to Lauck Drive (Rt. 832), but that the use of Lauck Drive should not be encouraged and the preferred access should be the main entrance on Route 522. It was also made clear that individual lot owners would be a funding mechanism only and they would not be liable for the maintenance or accidents that may occur at Star Fort. Also discussed was the precedence of allowing the dedication of property for open space that was not owned by the applicant. It was felt that the owners of Star Fort should be a party to the MDP. It was also requested that the applicant designate the location of the trail system on the plan. The president of Fleets Virginia Battery Middlesex Artillery (owner of Star Fort), Mr. Robert Rhodes, said that his group approved of the developer's proposal. He said that the use of Star Fort for open space was approved by the Board of Supervisors in 1978. Former Board of Supervisors Chairman, Mr. Kenneth Y. Stiles, concurred with Mr. Rhodes. He said that when the original owner, Mr. Smith, donated the property to the Middlesex Group, it was agreed that the fort would be a part of the open space required for any future development. Two Lauck Drive residents stated that they preferred that no access be provided to Lauck Drive. PLANNING COMMISSION ACTION OF 8103/94: Unanimous approval contingent upon the staff and the developer working out an 0 r 4 agreeable road connection to Lauck Drive and upon satisfactory resolution of the open space issue, the provision of required buffers, and compliance with all other staff and review agency comments. (Mr. Marker was absent.) NOTE: Subsequent to Planning Commission action we received a letter which address the open space issue. We also received a letter and a drawing from the applicant which proposes changes to the Master Plan. Middlesex Artillery - - Fleet's Battery, Inc., CSA 1107 Cedar Creek Grade Winchester, Virginia 22602 September 1, 1994 Mr. Robert Watkins, Director Frederick County Planning Department 9 N. Loudoun Street P.O. Box 601 Winchester, Virginia 22604 RE: Open Space and Star Fort Dear Mr. Watkins: At the Planning Commission hearing on the preliminary master development plan for Star Fort, a question was raised as to the use of Star Fort property, owned by Middlesex Artillery -- Fleet's Battery, Inc., CSA, as open space to be used in the calculation of required open space as part of the proposed surrounding development, under §165-63 of the Zoning Ordinance. This letter is intended to address that question from the perspective of Middlesex Artillery. I believe you are aware that when this land was originally donated to Middlesex Artillery, representations were made to and by the Board of Supervisors that in return for the donation of the land to the worthy cause of historic preservation, the donated acreage could be used in open space calculations for the property from which the land was carved. Middlesex Artillery has never had reason to doubt or question this understanding, but we recognize that there is a desire to make a formal record of the parties' intentions regarding the point. Thus, I am authorized on behalf of Middlesex Artillery to advise you that we formally concur in the development application which has been submitted by Mr. Glaize and Mr. Smith. We reaffirm our commitment to the preservation and maintenance of Star Fort as an historic area for the use and benefit of the public at -large. As you are aware, the developers of the property have generously agreed to dedicate a significant sum of money, derived from homeowner association dues, to the long-term management and upkeep of the Fort. This unique contribution makes possible the preservation of the Fort in a way that had not previously seemed open to us. Because Middlesex Artillery is dedicated • Mr. Robert Watkins, Director September 1,1994 Page 2 to the preservation of Star Fort, we are pleased to cooperate with our surrounding land owners to that end. We recognize that Star Fort is the major beneficiary of the revenues to be generated, as set out in the notes to the PMDP, and our concurrence in the landowners' request serves all of our near and long- term interests. I trust that this will prove satisfactory to you as a means of expressing our intention to be considered as common open space serving the surrounding land, as well as the people of Frederick County and the nation. Since y, S,."O Robert Rhodes, President Middlesex Artillery -- Fleet's Battery, Inc., CSA cc: Carlin Smith George Glaize Charles Maddox, Jr., P.E. John Foote 0 0 n gilbert w. cli f ford & associates, inc. 200 North Cameron Street • Winchester, Virginia 22601 703-667-2139 • Fax: 703-665-0493 September 6, 1994 Mr. Kris Tierney, Deputy Planner Frederick County Planning Department 9 N. Loudoun Street Winchester, Virginia 22601 RE: Star Fort Master Development Plan M SEP 1994 y . RECEIVED! DEPT. OF PLANNING ?.1 AND DEVELOPMENT �►� The Planning Commission meeting last month, recommended the above project unanimously for approval by the Board. Since the meeting we have reviewed the testimony and have determined the only significant issue presented at the hearing was the proposed road connection to Route 832. While it is a long standing design requirement of Frederick County to provide multiple access points to a development of this size, in view of the comments made, we felt additional study was required. The concern voiced by certain resident(s) pertained to increased traffic on Route 832. The concern is that the proposed street connection would create "short circuiting" of traffic onto what is now a dead end street. Of importance is the fact that this street was recently reconstructed by VDOT and has the capacity to handle increased traffic. Another problem involved the fact that this street connects with Route 522 at a point where only right turns can be made, i.e. there is no median cross -over because of the Route 522 lane elevations at that point. Another issue we discovered involves the potential beneficial use by the existing residents of Route 832 of the subdivision street system proposed for Star Fort. The proposed road connection will alleviate certain safety conditions presented by these residents having to make a U-turn on Route 522 to go southbound and against increasing volumes of traffic. The main entrance to Star Fort will have a fully functioning entrance, for the existing residents to use. Mr. Kris Tierney Star Fort Master Development Plan September 6,1994 • Page 2 Attached is a proposed revision to the master plan addressing the concerns. It proposes a connection at Route 832 at a point much closer to Route 522, thereby reducing the length of Route 832 impact. I believe there are only two houses on the west side of Route 832 that will be effected by this connection whereas there are 7 houses effected using the other plan. Also the length of roadway from Route 832 to Route 522 is much reduced through Star Fort which accomplishes two goals; namely, 1) it reduces the potential of "short circuiting" from future Star Fort residents and it provides convenient access for residents living on Route 832 now. We feel this proposed change to the Master Development Plan will address the concerns. We intend to request the Board of Supervisors to approve the Master Development Plan at their September 14 meeting subject to this change. Should you have any questions or comments please do not hesitate to call. Sincerely, gilbert w. clifford & associates, inc. 0 - �. W66�-� C. E. Maddox, Jr., P.E., President CEM/cls attachment cc: Mr. Carlin Smith Mr. George Glaize Mr. John Foot N T311L{Y - M IY.(i.t•[ - IM�C 0 4 r V UZ« oacant S �� i &o. I n, r PREVIOUS PLAN J J� ` A NEW PLAN i ,m J �^ 11 , dt STAR .� + t OPEN SPACE �\ DEDICATION TO o nyx BATTLERELD PARK a � G �\ Zak Vacant Usr Vacant ZOnd: Rp OU. Vacant GN WAWA N A _ M fl.i11T'. - .LTI / ORT COWER RD �TURE F (ROAD EX "SIGN) STAR FORT Pronmkx" Mmtw Plan FREDER]O( COUNTY Edinburg Ke_:idenCL VDOT TEL: 1-7'03-9Q4-5607 •9 3Un 28,94 13:14 No .005 F•.01 DAVID R. GEHR GOMMISSIONEII COMMONWEALTH of VIRGINIA Mr. Tom Price % G. W. Clifford & Associates 200 North Cameron Street Winchester, VA 22601 Dcar Torn: DEPARTMENT OF TRANSPORTATION P. 0. BOX 278 EOIN8URG, 22824 June 27, 1994 WILLIAM H. BUSHMAN. P.E. RESIDENT ENGINFFR TEIE (703) 884 56W ;AX (703)904-6807 Ref: Star Fort Route 522 North Frederick County We have reviewed the referenced project's preliminary master plan and generalized development plan. Our comments are as follows: 1. Unless Frederick County requires it for emergency service vehicles, the proposed connection to Routc 832 should he eliminated. This would confine all Rccess to the property to one location on Route 522 which could ba controlled with signalization if nccissary. 2. The developer will be required to provide adequate right-of-way and construct it cul-de-sac at the end of Route 832 for maintenance/emergency service vehicles and school buses. 3. Upgr.ldes to the existing median crossover opposite. the. main access may be required based on future trip generation data. 4. To reduce the number of commercial entrances on Route 522, strong consideration should be given to accessing the proposed commercial parcels which front Route 522 from internal streets. S. At the location the future Fort Collier Road connection is shown, a median crossover or turn lanes could not be constructer] due to the grade separation between the. north and south bound lanes of Route .522. As you know, this plan has been forwarded to our District Location & Design Engineer in Staunton for his review. Once we receive his comments we will forward same to you. Prior to making any final comments on this proposal, we will require a complete set of site plans, drainage calculations and traffic flaw data for review. If you have any questions or would like to discuss any of the above items, please give me a call. Sincerely, W. H. Bushman, Trans. Resident Engr. i )e 4J By: R. B. Childress, Hwy. Permits & Suhd. Spec. Sr. RBC/rf Attachment xc: Mr. C. E. Mattox, Mr. S. A. Mclnikoff, Mr r r COMMONWEALTH of VIRCiINIA DEPARTMENT OF TRANSPORTATION P. O. BOX 278 DAVID R. GEHR EDINBURG, 22824 COMMISSIONER (703) 984-5611 July 11, 1994 Mr. Tom Price G. W. Clifford & Associates, Inc. 200 North Cameron Street Winchester, VA 22601 Dear Tom: WILLIAM H. BUSHMAN, P.E. RESIDENT=`.GINEER TELE I703, HZ-5600 FAX(703i??4-5607 Ref: Star Fort Route 522 North Frederick County As indicated in our earlier review letter of June 27, 1994, our District Office has completed their review of the referenced project's preliminary master plan. Their comments are as follows: 1. It is preferred all traffic use the one proposed entrance on Route 522 and not add traffic to Route 832. 2. If an access is allowed to Route 832, then improvements at the intersection of Route 832/522 may be required depending on traffic generated by the development. 3. The existing median crossover at the main access roadway will need to be improved to provide a minimum 200' storage lane and 200' taper for left turns. A 100' storage lane and 150' taper northbound at the entrance for right turns will also need to be provided. These minimum design requirements will need to be included in your site plan submission for review and approval. 4. To reduce the number of commercial entrances on Route 522, it is preferred all commercial parcels which front Route 522 be accessed from internal streets. If it is not possible to have all commercial parcels bordering Route 522 in the development accessed by internal streets, then it is strongly suggested Lots No. 2, 3, & 4 be accessed by internal streets because of their proximity to the crossover, possibly causing wrong way driving movements. 5. When designing the future Fort Collier Road connection to Route 522, our minimum crossover spacing requirements will need to be considered. 6. The loop road at the northwest corner of the development has a curve with a radius of 200'±. This should be increased to 260' minimum. A cul-de-sac road at the east edge of the development also has a 200' ± radius curve. This should also be increased to 260' minimum, but may be allowed to remain as is if it will be a permanent dead end cul-de-sac and the traffic count is low. TRANSPORTATION FOR THE 21 ST CENTURY Mr. To►n Price Ref: Star Fort July 11, 1994 Page 2 7. The existing contours show some potential road grade problems. A. A 20 % grade at the north end of the development. Could this section be eliminated? B.. A 17 % grade near the center of the development. C. An 11 % grade along the entrance road off Route 522. An adequate landing must be provided for the entrance road at Route 522. We have marked several of our comments in red on the enclosed plans for your use. We appreciate the opportunity to review this preliminary plan and look forward to commenting on more detailed site plans once. available. If you have any questions, please let me know. Sincerely, William H. Bushman Trans. Resident Engineer By: Robert B. Childress Hwy. Permits & Subd. Spec. Senior RBC/rf Enclosure xc: Mr. C. E. Mattox Mr. J. B. Diamond Mr. S. A. Melnikoff / Mr. R. W. Watkins 0 0 COUNTY of FREDERICK Harvey E. Str'awsnyder•, Jr., P.E. Director of Public Works 9 North Loudoun St., 2nd Floor 703/665-5643 July 1, 1994 Mr. Thomas W. Price Gilbert W. Clifford & Associates 200 North Cameron Winchester, VA 22601 RE: Star Fort Rezoning and Preliminary Master Development Plan Dear Tom: We have completed our review of the subject preliminary master' development plan and offer the following comments: 1. The proposed plan indicates a road connection to Lauck Drive. It may be necessary to improve Lauck Drive to accommodate the increased traffic pattern. It should be determined if Lauck Drive is currently maintained by VDOT. If not, it will be necessary to upgrade to their minimum standards. 2. A storm water management facility is shown in the south end of the project adjacent to a natural drainage channel. Extreme storm events have caused flooding in this area. The flooding is primarily due to the relatively flat topographic condition coupled with the existing railroad embankment. During the design phase of the project, it will be necessary to route the 10'0 year storm through this area and determine its impact on the proposed storm water detention facility. In order to properly evaluate the impact of the 100 year storm, it will be necessary to obtain information relative to the existing railroad embankment and related drainage structures. 3. Several of the existing contours should be labeled so that the contour interval can be determined. 4. Based on the proposed lot size, it is anticipated that curb and gutter will be utilized to convey storm flows. Consequently, it appears that a majority of the storm runoff.can be routed to the storm water management facilities. Fax: 703/678-0682 - P.O. Box 601 - Winchester, Virginia - 22604 Johnson Letter Page 2 Based on our reviews o development plan, we grant our our comments during the actual actual contour elevations ar revised preliminary master pla f the proposed preliminary master approval subject to incorporation of design of the subdivision. If the e available, we would appreciate a n reflecting the contour interval. sincerely, r Harvey . strawsnyder, Jr., P.E. Director of Public Works w Parks & Recreation Department Comments: Plan appears to meet open space requirements. Residents from this development will use the regional parks as league and program participants. They will participate in classes and tournaments held at the parks. Families will picnic at the shelters, swim at the pools, play on the playgrounds and in the open space provided, paddleboat and fish in the lakes, and participate in an array of different non -structured activities. I would suggest that the impact model be used to determine the potential impact that this development may have on the county,s park system. • APPLICATION MASTER DEVELOPMENT PLAN Frederick County Virginia Date: 6 July 1994 Application #—T OWNERS NAME: Lester A. Elliott III Georgie E. Smith Lynn E. Reed Carlin L. Smith, Trustee Address: 525 Seldon Drive Winchester, Va 22601 Telephone: (703)667-7450 (Please list the name of all owners or parties in interest) APPLICANT: George Glaize & Carlin Smith Address: 525 Seldon Drive Winches er,Va 22601 Phone Number: (703) 667-7450 AGENT/DESIGNER: Gilbert W. Clifford & Associates, Inc. Address: 200 N. Cameron St Winchester, Va 22601 Phone Number: (703) 667-21 9 Contact Name: Tom Price H i PRELIMINARY MASTER DEVELOPMENT PLAN CHECKLIST The following checklist is intended to assist the applicant in insuring that all required information is provided and to insure that all information is available to allow review by the County. This form must be completed by the applicant and submitted with the master development plan. All required items must be provided on the master development plan. _.. - Development's name: STAR FORT 2. Location of property: Adjacent & South of Lauck Drive (Va Secondary Route 832) and Adjacent & East of U.S Route 522N 3. Total area of property: 87.7856 Acres 4. Property ID #: 54-A-1 5. Property zoning and present use: RP (Vacant and Historic) and B-2 (Commercial and Vacant) 6. Adjoining property zoning and present use: RP (Vacant & Residential) B-2 (Vacant & Commercial) M-2(Industrial & Vacant) 7. Proposed Uses: B-2 (Commercial) & RP (Single Family Detached) 8. Magisterial District: Gainesboro 9. Is this an original or amended Master Development Plan? Original X Amended fL+j CO qk t�, � �G�Q�oQ04 General Information: 1. Have the following items been included? North arrow Yes_X_ No Scale Yes_X_ No Legend Yes X No Boundary Survey Yes_) No Total Area Yes X No Topography Yes X No Project Title Yes_X_ No Preparation and Revision Date Yes_X_ _ No Applicant Name Yes X No 2. Number of phases proposed? 5 3. Are the proposed phases shown on the Master Development Plan? Yes_ X No 4. Are the uses of adjoining properties clearly designated? Yes_X No 5. Is an inset map provided showing the location of the project and all public roads within 2,000 feet. Yes X No 6. Are all land uses clearly shown? Yes X No 7. Are environmental features clearly shown? Yes_X_ No 8. Describe the following environmental features: Total Area o Disturbed Area in Open Space Floodplains 0 0 Lakes and ponds 0 0 Natural retention areas 0 0 Steep slopes (15 0 or more) 0 0 Woodlands 32 Acres 15 1 9. Are the following shown on the master development plan? Street layout Entrances Parking areas Utilities (mains) Yes No Yes__X__ No Yes No X Yes_X— No 10. Has a conceptual stormwater management plan been provided? Yes—X No 11. Have all historical structures been identified? Yes—X No= — If the Master Development Plan includes any land zoned RP, (Residential Performance) or any residential uses, the following items should be completed. 1. What numbers and types of housing are proposed? 163 SINGLE FAMILY DETACHED (12,000 SF) 2. Is a schedule provided describing each of the following in each phase: Open space acreage Yes X No Acreage in each housing type Yes_X No Acreage in streets and right of ways Yes_X_ No Total acreage Yes_X No Number of dwellings of each type Yes X No 3. What percentage of the total site is to be placed in common open space? 15% 4. Are recreational facilities required? Yes No_X 5. What types of recreational facilities are proposed? S>> 6. Are separation buffers required? 7. Are road efficiency buffers required? SO - Yes X No, vGp@Q�'PQM�N�, Yes No_X�] J: 8. Are landscaping or landscaped screens required? Yes No X 9. Are required buffers, screens, and landscaping described by the plan with profiles or examples? Yes No X 1 0 n ADJOINING PROPERTY OWNERS Owners of property adjoining the land will be notified of the pub- lic hearing. For the purpose of this application, adjoining prop- erty is any property abutting the requested property on the side or rear or any property directly across a road from the requested property. The applicant is required to obtain the following infor- mation on each adjoining property including the 14 digit tax par- cel identification number which may be obtained from the office of the Commissioner of Revenue. Name: Lester A. Elliot,estate Address: 525 Seldon Dr. Winchester,Va 22601 Property I.D.#: 54-A-11 Name: Shockey Brothers, Inc. Address: P.O. Box 2530 Winchester,Va 22604 Property I.D.#: 54-A-12 54-A-12 Name: Frederick County Fruit Growers Address: Box 2735 Winchester,Va 22604 Property I.D.#: 54-A-2 Name: Hillcrest Nursing Home Address: 110 Lauck Dr. Winchester,Va 22603 Property I.D.#: 54-A-1A Name: Middlesex Artillery c/o R. Rhodes Address: Rt. 4,Box 501-C Winchester,Va 22601 Property I.D.#: 54-A-1B 54-A-1C I Walter E. & Goldie E. Laraent Address: 233 Lauck Dr. Winchester,Va 22603 Property I.D.#: 53A-A-38 53A-A-39 53A-A-39A 53-A-40 Name: Howard C. Miller & Bertha I. Calvert Address: 237 Lauck Dr. Winchester,Va 22601 Property I.D.#: 53-A-40A Name: David 0. Helmick Address: 115 Lauck Dr. Winchester,Va 22601 Property I.D.#: 53-A-41C Name: Mildred Peer Address: 215 Lauck Dr, Winchester,Va 2260 Property I.D.#: 53-A-42 Name: Charles R. & Brenda M. Chrisman Address: 221 Lauck Dr. Winchester,Va 2260 Property I.D.#: 53A-A-41B Name: John E. Hicklin c/o John's Texaco Address: 731 N. Loudoun St Winchester,Va 22601 Property I.D.#: 53A-A-41A � larce: Barbara H. Hoover Address: 1045 Foreman Lane Winchester,Va 22603 3� Property I.D.#: 53-5-1 cQ SO L 4�0 Gv Q �v NO R� of qW ,. p,N Name: Donal L. Smith Address: Sunnvside Station Winchester Va 22601 Property I.D.#: 53A-A-31 Name: James T. & Mary Jane Markley Address: 206 Milam Dr. Winch ster Va 22602 Property I.D.#: 53A-A-32 53-A-32A Name: David M. Smith Address: 248 W. Redoubt Lane Winchester,Va 22603 Property I.D.#: 53A-A-30 Name: Mable C. Dehaven, et als Address: 3515 Chapel Dr. c/o H D D Hav n Winchester,Va 22601 Property I.D.#: 54-A-lB Name: Charlotte Butler McKee, , et als Address: 1175 Lauck Dr. 342 4 Property I.D.#: 53A-A-34 53A-A-33A Name: H. Clinton & Mary E. McCarty Address: 145 Wood Ave Winche ter,Va 22601 Property I.D.#: 53A-A-35 Name: Nellie Kline -- IJ Address: 253 Lauck Dr. Winchester,Va 22603 how Property I.D.#: 53A-A-36 co S SIPr, 53A-A-37� GENNN�NG 53-A-31A NIP 0 0 Name: Dennis J. & Susan L. Mallozzi Address: 1061 Lauck Dr. Winchester,Va 22601 Property I.D.#: 53_5_2 Name: Phil E. & Wanda Gail Veach Address: 175 Lauck Dr. Winchester,Va 22603 Property I.D.#: 53-5-3 Name: Shawn R. Triplett Address: 185 Lauck Dr. Winchester Va 22603 Property I.D.#: 53-5-4 Name: Leslie R. Campbell Address: 195 Lauck Dr. Winchester,Va 22603 Property I.D.#: 53-5-5 Name: Robert C. & Beverly A. Cook Address: 1101 Lauck Dr. Winchester,Va 22601 Property I.D.#: 53-5-6 U � �1, . I �*_� P.O. Box 2530 / Winchester, Virginia 22604-1730 (703) 667-7700 In Metropolitan Washington (202) 471.9770 August" 2, 1994 Mr. Kris C. Tierney Deputy Director County of Frederick Dept. of Planning and Development 9 North Loudoun Street P. 0. Box 601 Winchester, VA 22601 Dear Mr. Tierney: This is in response to your July 20, 1994 letter regarding the application of Star Fort that will be considered at the Frederick County Planning Committee meeting on August 3, 1994, at 7 p.m. We request that this letter be made a part of the Planning Commission's recorded minutes of that meeting. We are adjoining property owners; our land is zoned heavy industrial (M-2). For many years we have used part of this property for heavy industrial manufacturing purposes and plan to expand onto the undeveloped portions. As adjoining property owners, we feel it is essential that all parties concerned be fully aware of the current and intended use of our property. Heavy industrial and single family, detached housing do not seem to be a compatible mixture of uses. Therefore, the single-family purchaser should realize that our undeveloped land could be filled with industry some day. Thank you for bringing this letter to the attention of the Frederick County Planning Commission. Very truly yours, SH K B O"INC. dShockey, Jr. resident JDS:eb • C JiKsn7 of skjnnYSije ::•. ``hi�tii�«+��: •, ri: T ��� ! �.L!•,*.:,lam.. • t• t August 9, 1994� John R. Riley Jr. 40, PO Box 601, 9 Court Square (.Jia:'i(�•. �. Winchester VA 22601 Mr. Riley On August 3, 1994, The Frederick County Planning Commission unanimously approved the preliminary plan for a 163 home Star Fort Development. A development this size has generated a number of concerns by The Citizens of Sunnyside. The Citizens of Sunnyside do not directly oppose the development of Star Fort, but we do fear negative impacts. Our concerns focus primarily on two issues, management of storm water run-off and the proposed access road between the Star Fort Development and Lauck Drive (Route 832). We came away from the August 3rd meeting with a feeling that The Planning Commission shared our concern with the storm water management problem, but failed to alleviate our concerns regarding the access road. The proposed connecting access road would increase the level of traffic on a road that was not designed for such use (VDOT has also raised a similar concern). More traffic would also present a greater threat to our children, pets and residents who presently use Lauck Drive for biking, walking and socializing. Increased traffic would also bring higher noise and pollution levels to our neighborhood. Headlights from the cars exiting Star Fort would infringe on the privacy of those residents directly across from the proposed access road. Traffic that mistakenly bypasses the access road will be forced to use private driveways as turn around spots due to the lack of a cul-de-sac at the northern end of Lauck Drive. Despite the Developer's claims, this access road will have only negative impacts on our neighborhood. As a member of The Frederick County Planning Commission, we trust that you will take our concerns seriously before any final decisions are made pertaining to The Star Fort Development. Regards, Susan Mallozzi 165 Lauck Drive Winchester VA 22603 Representative for The Citizens of Sunnyside COPY To: __RGD_WHS_CWO.__j MS _JfE _ JLL _STAFF COPY DATE: l � 161 U „ - JU r n ; h C: . ORIG NAL• FILE • • August 9, 1994 Citizens Of Sunnyside Petition We, the undersigned (Residents of Lauck Drive and Sunnyside) are in opposition to an access road that would connect the proposed Star Fort Development and Lauck Drive (Route 832). NAME DRESS #SIGNATURE -a.D� LauL� .1 r;p�PRINT L� i tZC �1E' ter Fl a��o ffTEEPHONE 7 313 P'1 NAMt NDDnESS TELEPHONE # SIGNATURE Q , +c �Z 3 Lsvc Ozi r / C�c (J 2zc o3 (G2 - 77 .S PRINT / c .,1 c. NAME DDRESS TELEPHONE # SIGNATUR �� t Au r' PRINT rcl44 M• cieI's J NAME DDRESS TELEPHONE # a ^✓ SIGNATURE *-C,P- �a 1 �-�" Ij r a C V PRINT G ,e, e NAME JADDRESS TELEPHONE # SIGNATURE h 5 RY1 Gti as 10.2-663 d o PRINT •2 I DDRESS TELEPHONE # SIGNATURE i' ^ PRINT _ DDRESS TELEPHONE # SIGNATURE IZzs Loi lc a4 C PRINT NAME _ �L— SIGNATURE �G a 7�1. DDRESS oZU S USG {✓'hc• �a3 TELEPHONE # 6%'3� PRINT DDRESS,,I-D5 TELEPHONE# SIGNATU E •-�-� -1,, i n!r ffL3✓�/C�i`� PRINT 0/�C/L7 L. o o C A DDRESS TELEPHONE # 31 , •4. -SIGNATURE S 2 G ZG'_ � PRINT /N . t, u u S2_ NAME _Gc-ltiL DDRESS TELEPHONE # SIGNATUR PRINT 1-1:$4 NAME DDRESS TELEPHONE # _ SIGNATURE —.r PRINT `CA-) �C� _ NAME DDRESS TELEPHONE # SIGNATUR PRINT AME DDRESS TELEPHONE # SIGNATURE - j - /,�s UWC/, /2 /,t 1-/ PRINT NAME DDRESS TELEPHONE # SIGNATURE_' IT..M.(G / . . � � o PRINT L NAME DDRESS TELEPHONE # SIGNATURE ��-, �<«/, �C%4'dr. U�2,2 •62'7277 PRINT /P, P C L • 0 August 9, 1994 Citizens Of Sunnyside Petition We, the undersigned (Residents of Lauck Drive and Sunnyside) are in opposition to an access road that would connect the proposed Star Fort Development and Lauck Drive (Route 032). 1Q9J' tam°.�l�f�u♦ SIGNATURE PRINT NAME DDRESS T:=== # il�tS- VE SIGNATURE D-41�4 {Z tcJ Q-kES}EIZ PRINT NAME DDRESS TELEPHONE # 1105 �`kliCR �r. SIGNATUR Uu-i-u4-70 PRINT S Q►1 III CL __ t.11 NAME DDRESS TELEPHONE # SIGNATUR 7 In'i3 foreman Lone ��6'c�g3y PRINT C1- [ -� _ _ `} AME DDRESS TELEPHONE # SIGNATUR L�`� �11 , os , I �^1 U PRINT NAM DDRESS TELEPHONE # SIGNATURES ic'� Fec£/�"� C.✓ / p/r PRINT NAME DDRESS TELEPHONE # cR.Er"C a- f f' SIGNATURE /- - �c -r���� PRINT --J N t- / clime 'fxL DDRESS TELEPHONE # NAME SIGNATURE «ti) 0 �! S o�+-m � 02 - PRINT goo N Cr DDRESS TELEPHONE # NAME SIGNATUR PRINT,y; NAME DDRESS TELEPHONE # SIGNATURE vn. PRINT e rzv DDRESS TELEPHONE # NAME SIGNATURE u1 luzlF�vien�on Lama PRINT Lip a 17NvS t1 r d- zZGJ� NAME DDRESS TELEPHONE # rvzr Foie ran k•w SIGNATURE , PRINT DDRESS TELEPHONE # NAME SIGNATURE C�c�C I u I �c�C n`a'�,Cn1Y•C ✓ra 2 Z(eU ir7�-1//l PRINT MC Lam. S�cr TELEPHONE # NAME DDRESS SIGNATURE 1 4- 10Z 1 ee �y o, � PRINT o"-sir DDRESS TELEPHONE # N ME SIGNATUR 4, f2 PRINT ME n Q DDRESS TELEPHONE # SIGNATUR �7 — —�� /Fs //W6C J!z 7� -7Y'33 PRINT v A A I lvz zr -- —wr ✓c f1�s1�L d� a�lo3 August 9, 1994 Citizens Of Sunnyside Petition We, the undersigned (Residents of Lauck Drive and Sunnyside) are in opposition to an access road that would connect the proposed Star Fort Development and Lauck Drive (Route 832). NAME DDRESS TELEPHONE # SIGNATURE (��� � � 5/� Cc/%� L`'�i[ I-e �J� �L„2— Lu••,c /fc S / ��- V f v C PRINT / &.1 AME �� r�+U n DDRESS c L c L ITELEPHONE # SIGNATUR L� 1%� l lM un C9 G r `70 D P R I S NAME DDRESS TELEPHONE # SIGNATURE �% �XldjU gd c,--1,,ee L,� ktt 6-78 $913 PRINT 6nae NI. ^� l` -'�IZA NAME DDRESS TELEPHONE # SIGNATURE ` Q�Qc /.203 141— a.` e . / G'J-�l% CO PRINT f3 /0L1LCJ__1_ iI ?2G o i NAME DDRESS TELEPHONE # SIGNATURE _�' �� L l<< �jC �,�Uh�//�Q' lG7-/ S�U PRINT �elc�-t �' O NAME DDRESS TELEPHONE # S SIGNATURE` - /� S Fo �� PRINT ( aln ME __ DDRESS TELEPHONE # SIGNATURE, PRINT (9; d e 0. NAME DDRESS TELEPHONE # SIGNATURE �c�i��t� lC'�' 0, PRINT 0,11 e NAME DDRESS TELEPHONE # SIGNATURE �(1Lcf (,�-� -36 kaL4ff Dr. PRINT s fi NAME DDRESS TELEPHONE # SIGNATU E - yj(_e(0' , . 0/C 4 - % t PRINT NAME DDRESS TELEPHONE # SIGN R Ile %r SZ 1.2.,�1 P), _ PRINT H A &I ZX AG '91,r / NAME DDRESS TELEPHONE # SIGNATURE PRINT NAME DDRESS TELEPHONE # SIGNATURE PRINT NAME DDRESS TELEPHONE # SIGNATURE PRINT NAME DDRESS TELEPHONE # SIGNATURE _PRINT NAME DDRESS TELEPHONE # SIGNATURE PRINT August 9, 1994 Citizens Of Sunnyside Petition We, the undersigned (Residents of Lauck Drive and Sunnyside) are in opposition to an access road that would connect the proposed Star Fort Development and Lauck Drive (Route 832). N DDRESS TELEPHONE # SIGNATURE Iet ON - GUIyICHe5%eK (%E♦Z EDP PRINT IOU NAME DDRESS TELEPHONE # SIGNATU E A -IV. 703- 6 ,7 PRINT NAME DDRESS TELEPHONE # SIGNATURE ),33 LCc.LIC k f� t— it�iV1C'fl. c221,n t�,—7G�% PRINT N E DDRESS TELEPHONE # SIGNATURE ►213 La-C , l.JkhLJVC-Afe- VA' 22 L03 7?rZ _� 3SU PRINT NAME DDRESS TELEPHONE # SIGNATURE I-iS LyqLl(- Qn✓(, '-JOL'h'-t�cr d, 22003 W,,?.-7Z77 PRINT AM DDRESS TELEPHONE # SIGNATURE ,u�c ,�.1��- �i tit � - Wlo,)t_� .�c+ 27kci � �, (,�. M )8 PRINT f 11E�I �Jb NAME DDRESS TELEPHONE # SIGNATURE PRINT NAME DDRESS TELEPHONE # SIGNATURE PRINT NAME DDRESS TELEPHONE # SIGNATURE PRINT NAME DDRESS TELEPHONE # SIGNATURE PRINT NAME DDRESS TELEPHONE # SIGNATURE PRINT NAME DDRESS TELEPHONE # SIGNATURE PRINT NAME DDRESS TELEPHONE # SIGNATURE PRINT NAME DDRESS TELEPHONE # SIGNATURE PRINT NAME DDRESS TELEPHONE # SIGNATURE PRINT NAME DDRESS TELEPHONE # SIGNATURE PRINT NOTES APPLICABLE TO THE PRELIMINARY MASTER DEVELOPMENT PLAN The development of the property subject to this Preliminary Master Development Plan shall be in strict accordance with the following conditions. 1. Binding Nature of the Preliminary Master Development Plan. This Preliminary Master Development Plan shall control the development of the property subject hereto, in accordance with the ordinances and regulations of Frederick County. 2. Mandatory Assessments for the Preservation of Star Fort. (a) Prior to the approval of the first subdivision plan for the Property, the Applicants shall create a Property Owner's Association applicable to the entire Property as required by §144-32 of the Frederick County Subdivision Ordinance, the principal purpose of which shall be the imposition of a mandatory assessment upon owners of developed lots to assist in funding the operation and maintenance of Star Fort located adjacent thereto as a park and educational site open to the public. Such Property Owners' Association may have such other purposes, functions and duties with regard to the Property as the Applicants shall determine. (b) The Applicants shall insure that the Property Owners' Association created hereunder shall impose a mandatory annual assessment per developed residential lot in a sum not less than $50 and not more than $250, per lot, the proceeds of which shall be dedicated to the operation and maintenance of Star Fort by any person, corporation, partnership, other private entity, or any governmental agency, or their successors and assigns (hereinafter "the operating entity"). The assessment shall initially be set at $50 per lot, may not be increased for five years after the formation of the Association, and may thereafter be increased not more than 10% per year. (c) The Property Owners' Association Board of Directors shall be authorized . to make direct grants of sums raised hereunder to the operating entity, or to enter into contracts with the operating entity or any other business or entity, for the purposes of operating and maintaining Star Fort, provided that such contracts have been first submitted to and approved by the operating entity. (d) No funds hereunder may be provided to the operating entity, unless and until a budget for the operation and maintenance of Star Fort shall have first been submitted to and approved by the Frederick County Board of Supervisors. Funding shall be denied to any operating entity in the event that 00 NOTES APPLICABLE TO THE 00 PRELIMINARY MASTER DEVELOPMENT PLAN Page 2 the Board certifies that the operating entity cannot perform, or is not performing, its obligations to operate and maintain Star Fort as provided herein. (e) Unless waived by the Board of Supervisors, it shall be a condition of the continued receipt by the operating entity of any funds provided for hereunder, that it submit an annual report of its finances and financial operations to the Board prepared by a duly -licensed Certified Public Accountant, and prepared in accordance with standard accounting practices, to assure the faithful and proper application of the funds provided. (f) The Property Owners' Association shall be authorized to convey any common open space or other property otherwise subject to its ownership and control to the operating entity, for the purposes hereof. (g) The operating entity may expend any funds provided hereunder for any purpose reasonably related to the operation and maintenance of Star Fort and the acquisition of additional property which may advance the purposes hereof. (h) The Property Owners' Association documents shall provide that changes which would alter, amend, or otherwise affect provisions which are required hereby shall require the written agreement of at least 75% of the owners of the Property, and of their lenders, if any. 3. Public Access to Star Fort. The Applicant shall provide a public access to Star Fort from the spine road servicing the residential development, as generally shown on the Preliminary Master Development Plan. cto 00 1 Ed i nbut- l Residency VDOT TEL : 1-703-` 84-5607 Jun 28 , 94 13 : 14 No .005 P . 02 RE0VE5T--FQR—RKKQN--M & MASTER PLAN COMENT,S Virginia Department of Transportation ATTN. William H. Bushman, Resident Engineer P.O. Box 278, Edinburg, Virginia 22824-0278 (703) 984-4133 The local office Of the Transportation Department is located at 1550 Commerce Street, if you prefer to hand deliver this review form. Applicant's name, address and phone number: George Glaize & Carlin Smith 525 Seldon Drive Winchester. Va 22601 (703)667-7450 A-q(,-nt*liffOr-d- & Assoc.Inc, 200 N. Cameron Winchester,_ A 22601 Attn: Tom Price (703) 667-2139 Name of development and/or description of the request: M44M�C•1Si� Location: Adjacent & S uth of Lauck rive (V 832) and Adjacent & East of u.S Route522N Transportation Department Comments: See attached letter dated Jtme 27, 1994 from Mr. W. H. Bushman to 'Mt-. Tom Price. VDOT Signature and Date: W (NOTICE TO VDOT - PLEASE RETURN THIS FORM TO THE AGE T. NOTICE TO APPLICANT It is your respon9ihility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach a copy of your application form, impact analysis, location map and all other pertinent information. .w • yj CIA; . IY • w COMMONWEALTH of `YIRQ1N1A DEPARTMENT OF TRANSPORTATION P. O. BOX 278 DAVID R. GEHR EDINBURG, 22824 COMMISSIONER June 27, 1994 Mr. Tom Price % G. W. Clifford & Associates 200 North Cameron Street Winchester, VA 22601 Dear Tom: WILLIAM H. BUSHMAN, P.E. RESIDENT ENG NEER TELE(7031984-5600 FAX (703) 984.5607 Ref: Star Fort Route 522 North Frederick County We have reviewed the referenced project's preliminary master plan and generalized development plan. Our comments are as follows: 1. Unless Frederick County requires it for emergency service vehicles, the proposed connection to Route 832 should be eliminated. This would confine all access to the property to one location on Route 522 which could be controlled with signalization if necessary. 2. The developer will be required to provide adequate right-of-way and construct a cul-de-sac at the end of Route 832 for maintenance/emergency service vehicles and school buses. 3. Upgrades to the existing median crossover opposite the main access may be required based on future trip generation data. 4. To reduce the number of commercial entrances on Route 522, strong consideration should be given to accessing the proposed commercial parcels which front Route 522 from internal streets. 5. At the location the future Fort Collier Road connection is shown, a median crossover or turn lanes could not be constructed due to the grade separation between the north and south bound lanes of Route 522. As you know, this plan has been forwarded to our District Location & Design Engineer in Staunton for his review. Once we receive his comments we will forward same to you. Prior to making any final comments on this proposal, we will require a complete set of site plans, drainage calculations and traffic flow data for review. If you have any questions or Nkould like to discuss any of the above items, please give me a call. Sincerely, W. H. Bushman, Trans. Resident En-r. C BN : R. B. Childress, Hwy. Permits & Subd. Spec. Sr. RBC/rf Attachment xe: Mr. C. E. Mattox, Mr. S. A. Melniko' TRANSPORTATION FOR THE 21ST CENTURY 1A REQUEST FOR REZONING & MASTER PLAN COMMENTS Virginia Department of Transportation ATTN: William H. Bushman, Resident Engineer P.O. Box 278, Edinburg, Virginia 22824-0278 (703) 984-4133 The local .office of the Transportation Department is located at 1550 Commerce Street, if you prefer to hand deliver this review form. Applicant's name, address and phone number: George Glaize & Carlin Smith 525 Seldon Drive Winchester, Va 22601 (703)667-7450 - Agent: G.W. Clifford & Assoc.Inc. 200 N. Cameron St. Winchester VA 22601 Attn: Tom Price (703) 667-2139 Name of development and/or description of the request: Star Fort Location: Adjacent & South of Lauck Drive (Va. Secondary Route 832) and Adjacent & East of U.S Route 522N Transportation Department Comments: See attached letter dated June 27, 1994 from Mr. W. H. Bushman to Mr. Tom Price. VDOT Signature and Date: �� ��-fr y 6 - `� (NOTICE TO VDOT - PLEASE RETURN THIS FORM TO THE AGE T. NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach a copy of your application form, impact analysis, location map and all other pertinent information. REQUEST FOR REZONING & MASTER PLAN COMMENTS Frederick County Sanitation Authority ATTN: Wellington Jones, Engineer/Director P.O. Box 618, Winchester, Virginia 22601 (703) 665-5690 Applicant's name, address and phone number: Georcfe Glaize & Carlin Smith 525 Seldon Drive Winchester, Va 22601 (703)66d-7450 Aaent: G.W. Clifford & Assoc Inc 200 N.--Cameronn St Winchester,VA 22601 Attn• Tom Price (703) 667 2139 Name of development and/or description of the request: Star Fort Location: Ad!acent & South of Lauck Drive (Va. Secondary Route 832) and Adiacent & East of U S Route 522N Sanitation Authority Comments: NO ro"W/1116-1-V Sanit. Signature & Date: (NOTICE TO SANITATION ASE RETURN THIS FORM TO AGE NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible. in order to assist the agency with. their review. Also, please attach a copy of your application form, -impact analysis, location map and all other pertinent information. COUNTY OF FREDERICK, VIRGINIA FIRE MARSHAL'S OFFICE LAND DEVELOPMENT COMMENTS Control No. 0408941247 Date Received 040894 Date Reviewed 050694 Applicant Name G. W. Clifford & Assoc. Address 200 N. Cameron Street Winchester Virginia 22601 Project Name Star Fort Phone No. 703-667-2139 Type of Application Re -zoning Current Zoning RP 1st Due Fire Co. 15 1st Due Rescue Co. 15 Election District Stonewall RECOMMENDATIONS Automatic Sprinkler System X Residential Sprinkler System X Automatic Fire Alarm System X Other Emergency Vehicle Access; Adequate Inadequate Not Identified X Fire Lanes Required; Yes X No Comments Per Building Code and Frederick County Chapter Roadway/Aisleway Widths; Adequate Inadequate Special Hazards Noted; Yes Comments Not Identified X No X - Continued - Hydrant Locations; See Notes Adequate Inadequate Not Identified X Siamese Connection Location; Approved Not Approved Not Identified X Additional Comments: 1) Submit impact statement on Fire and Rescue resources as established in Planning Dept Program 2) Comments from Round Hill Community Fire & Rescue Co are to be addendums to this comment. Re w ime .5 r Douglas A. Kiracofe F_re Marshal JULE sire Department Rescue Department Elementary Schools Middle Schools High Schools Parks and Recreation TOTAL FIRE AND RESCUE ADDENDUM New Capital Costs Not Covered by County Contributions NOTES: Star Fort Rezoning Net Cred%,-Cl Fiscai Taxes to Capital Impact Capital Net O.QSia S1ij Cl= waa= $1,046 $5.283 $0 $1,460 $219,100 $0 $748,723 $0 $371,242 $693,647 $11,253.723 $798,512 $0 $7,967.86 REQUEST FOR REZONING & MASTER PLAN COMMENTS Frederick County Parks & Recreation Department ATTN: James Doran, Director P.O. Box 601, Winchester, Virginia 22601 (703) 665-5678 The Frederick County Parks & Recreation Department is located on the second floor of the Frederick County Administration Building, 9 Court Square, Winchester, if you prefer to hand deliver this review form. Applicant's name, address and phone number: George Glaize & Carlin Smith 525 Seldon Drive Winchester, Va 22601 (703)667-7450 Agent: G.W. Clifford & Assoc Inc 200 N. Cameron St Winchester,VA 22601 Attn: Tom Price (703) 667 2139 Name of development and/or description of the request: Star Fort Location: Adjacent & South of Lauck Drive (Va. Secondary Route 832) and Adjacent & East of U.S Route 522N Parks & Recreation Department Comments: Parks SignatV'Ie and Date: 4/12/94 (NOTICE TO NARKS - PLEASE RETURN THIS FORM TO THE AGENT.) X/ NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach a copy of your application form, impact analysis, location map and all other pertinent information. COUNTY of FREDERICK Department of Planning and Development 703 / 665-5651 Fax 703 / 678-0682 July 20, 1994 TO THE APPLICANTS) AND /OR ADJOINING PROPERTY OWNER(S) The Application of: STAR FORT Preliminary Master Development Plan #004-94 for 163 single family detached homes. This property is located South and adjacent to Lauck Drive (Route 832) and East and adjacent of Route 522N, in the Gainesboro District and is identified as PIN 54-A-1. This master development plan will be considered by the Frederick County Planning Commission at their meeting of August 3, 1994, at 7:00 p.m., in the board room of the old Frederick County Courthouse, Winchester, Virginia. Any interested parties may attend this meeting. Sincerely, Kris C. Tierney Deputy Director KCT/dc 9 North Loudoun Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 This is to certify t 6 the attached correspondence w� mailed to the follow'^g on July 20, 1994 fro he Department of Planning and Welopment, Frederick_ — County, Virginia. -$3A A. 4 � 21:5 "L.ALJCK DR 1 E L.I» 101 T, L Ei:Li'T E R A k»"..•3'T'A'T'E.. ' wma-IE s*,T,ER -VA., / Z52.5 SEL DON DR.. , WINCHE 97tE::R VA. ': ... .». 22601 j �.2.1 r ' 53a a . 4`��a 54 A, i C:RISMAN, CHAFiLE�#3.- Eia,' =1� :BREi;NDA. M' ,: DRIVE DROY'Hk�"INC, l:F. .0 PDX 2 530 W:E NCHEs:�.'.3' !ER, ` VA W I NC HEi.�SI E R' , VA ' ..Y."�'t.t:YO.�— rY «"'.. ea!}4».. 5:3A A - . I»I:I:CKL»I'N, ' �41� ( 54 A . 2\, .JOB N `"'E, C/O 8 'T.Efi:XA60 F!REi:DER-ICK-CCJLJN T Y FRI.'111' CxROWEi R13 .;JOHN PDX «'0:'7.19. 731, N . ILOUDOUN $TT*RE»Ei:'T' Ji W:CNC.HE"S'T'IE.R., ' VA. WINCHEi:STE R., VA. FYµY�Cy0 q.... J .r a?,601— i .$4 A R. j , : R r F•I:I:L.L»CF ES! NIJRS NC. HCJME , INC' I. I HOOVER, R, 1iAFiY:'tARA `H. ' i :i.3.0 L.ALJOK DR.w 104 FOREiiMAN .L.:ANE . _ _ I" WINCHEC•#IIER, VA. , " 22603 154 A , "'� 22603— 1i3A ' A MIDDL,E::; E-X AR T':CL..L;E RY C./0 R. 'FdHODE S � V. WT. 4 ,BOX 50.1. »•,C: WINC1-1E *T*,E3'F VA'. SUNNYS I Dk• '$I'A'i I ON . WINCHE-Sr R. VA. ,, 2 2601 � _ O _:. A A . ire` I - A a 'Ir 32i L..AhCrE.NT , WAL 'T'E F+. E? . t!. " CrO{» X}� E» EC . � + MARK {...E Y., .:DAME S .- & , MARY .JANE" �?!)c5 M� L AM DR 1,233 L:ALJCK +DFv W:ENCHE S1?:E R_, 'VA. W:I:NC:HE.91 E R, VA 2 2 602-- j A A 4!}i!. j i MILLER, :HOWARD C. -- - --- --- - --- - - --- tl. JEsG:F: T I^{A 3:,. C:AI. VFW R T' I'WINCHESTER,_ VA R A HEL.MXC:K , 'DAVID ,C). iie; L..AIJCK :DFt C. Tie eut CD' r P Y WINCHEiSI*ER, "VA Y 22601 j Fr derick Count Dept o lanning STATE OF VIRGINIA COUNTY OF FREDERICK I� RP11PP� S_ Arintta , a Notary Public in and for the state and county aforesaid, do hereby certify that Kris C. Tierney, Deputy Director, for the Department of Planning and Development, whose name is signed to the foregoing, dated June 20, 1994 has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my 'hand this 20 day of June 1994. My commission expires on August 31, 1995 NOTARY PUBLIC SMXTH,� 'DAVID ' 16, �, - W :REDOUB'' 1.ANF--: rt4o W*INCHEST�E'jR.F VA. I 153A A �44. DEHAVE.N, MABLE C..' C/O ,H.D. DEHAVEN 3,5iS -CHAPEL.. DRIVE SARASO'TA"', l..A. I 34234--Z 521� :"53A 'A iMCKEE, CHARLOTTE,BUTLER & ETALS T1'/t) STEVEN BUT11E!R`- A.75 LAUCK A>RIVE. WINCH ESTER, VA 22603- 53A A M 'CARTY, HL. 'CLINTON & MARY E. 11.45 WOOD AVENUE WINCHEST:,ER, -VA. .22604.-- S 3 A A KLINE, NELLE* I 2Z-;'3 'LAUCK 'BRivi., WINCHESTER,, VA 22603- 2` MALLOZZI,, '.DENNIS J 'SUSAN L. 1061 'LAUCK DR WINCHESTER, V4 22601- 53 !S VEACH, PHIL Z., .'& WANDA GAIL 1.75 LAUCK DR. WINCHESTER', VA. 2260t 53 5 4, TRIPLETT., aFIAWN :R. ie:S LAUCK DR. iWINCHESTER, VA -22603-- f...c F9 .Cie X, I Lelsie R. Campbell CAMPPELL, LESLIE R 802 APPLESEE...'D COuRj- 195 Lauck Drive WINCHESTER, 'VA Winchester, Virginia 22603L C .00K !ROBERT C BEVERLY •A.. 1101 1.jAUCK ZR. WINCHESTER 'VA. G.W. Clifford & Associates 200 N. Cameron Street Winchester; Virginia 22601 Attn: Tom Price ADJOINING PROPERTY OWNERS Owners of property adjoining the land will be notified of the pub- lic hearing. For the purpose of this application, adjoining prop- erty is any property abutting the requested property on the side or rear or any property directly across a road from the requested property. The applicant is required to obtain the following infor- mation on each adjoining property including the 14 digit tax par- cel identification number which may be obtained from the office of the Commissioner of Revenue. Name: Lester A. Elliot,estate Address: 525 Seldon Dr. Winchester,va 22601 Property I.D.#: 54-A-11 Name: Shockey Brothers Inc Address: P.O. Box 2530 Winchester,Va 22604 Property I.D.#: 54-A-12 54-A-12 Name: Frederick County Fruit Grower Address: Box 2735 Winchester Va 22604 Property I.D.#: 54-A-2-2 Name: Hillcrest Nursing Home Address: 110 Lauck Dr. Winchester Va 22603 Property I.D.#: 54-A-1A Name: Middlesex Artillery c/o R. Rhodes Address: Rt. 4,Bo:� 501-C Winche ter Va 22601 Property I.D.#: _A-A-1B 54-A-1C m Name: Walter E. & Goldie E ?ardent Address: 233 Lauck Dr. Winchester Va 22603 Property I.D.#: 53A-A-38 53A-A-39 53A-A-39A 53-A-40 Name: Howard C. Miller & Bertha I Calvert Address: 237 Lauck Dr. Winchester.Va 22601 Property I.D.#: 53-A-4OA 5YX,0' -4A11 `*%PA Name: David 0. Helmick Address: 115 Lauck Dr. winchester,Va 22601 Property I.D.#: 53-A-41C Name: Mildred Peer Address: 215 Lauck Dr. Winchester,Va 2260 Property I.D.#: 53-A-42 Name: Charles R. & Brenda M. hri man Address: 221 Lauck Dr. Winchester,Va 22603 Property I.D.#: 53A-A-41B Name: John E. Hicklin c/o John's Texaco Address: 731 N. Loudoun St Winchester,Va 22601 Property I.D.#: 53A-A-41A Name: Barbara H. Hoover Address: 1045 Foreman. Lane Winchester Va 22603 Property I.D.#: 53-5-1 e Name: Donal L. Smith Address: Sunnvside Station Winchester,Va 22601 Property I.D.#: 53A-A-31 Name: James T. & Mary Jane Markley Address: 206 Milam Dr. Winchester,Va 22602 Property I.D.#: 53A-A-32 53-A-32A Name: David M. Smith Address: 248 W. Redoubt- Lane Winchester,Va 22603 Property I.D.#: 53A-A-30 Name: Mable C. Dehave n al Address: 3515 Chapel Dr. c/o H D D Hav n Winchester,Va 22601 Property I.D.#: 54-A-1B Name: Charlotte Butler McKee, al Address: 1175 Lauck Dr. A 4 Property I.D.#: 53A-A-34 53A-A-33A Name: H. Clinton & Mary E. McCarty Address: 145 Wood AveWinche t r Va 22601 Property I.D.#: 53A-A-35 Name: Nellie Klin Address: 253 Lauck Dr. Winchest rya 22603 Property I.D.#: 53A-A-36 53A-A-37 5, A-31A 9 Name: Dennis J. & Susan L. Mallozzi Address: 1061 Lauck Dr. T✓Iin hester Va 22601 Property I.D.#: 53_5_2 Name: Phil E. & Wanda Gail V ach Address: 175 Lauck Dr. winch sfi r Va 22603 Property I.D.#: 53-5-3 Name: Shawn R. Triplett Address: 185 Lauck Dr. Winchester,Va 22603 Property I.D.#: 53 5-4 Name: Leslie R. Campbell Address: 195 Lauck Dr. Winchester,va 22603 Property I.D.#: 535-5 Name: Robert C. & Beverly A Cook Address: 1101 Lauck Dr. Winchester,Va 22601 Property I.D.#: 53-5-6 M 0 E i COUNTY of FREDERICK Department of Planning and Development 703 / 665-5651 Fax 703 / 678-0682 July 20, 1994 TO THE APPLICANTS) AND /OR ADJOINING PROPERTY OWNER(S) The Application of. STAR FORT Preliminary Master Development Plan #004-94 for 163 single family detached homes. This property is located South and adjacent to Lauck Drive (Route 832) and East and adjacent of Route 522N, in the Gainesboro District and is identified as PIN 54-A-1. This master development plan will be considered by the Frederick County Planning Commission at their meeting of August 3, 1994, at 7:00 p.m.,, in the board room of the old Frederick County Courthouse, Winchester, Virginia. Any interested parties may attend this meeting. Sincerely, ram' Kris C. Tierney Deputy Director KCT/dc 9 North Loudoun Strect Winchester, VA 22601 P.O. Box 001 Winchester, VA 22604 PLANNING COUNTY OF FREDERICK COURTHOUSE COMMONS 2ND FLOOR 9 N. LouDOUN ST. — P. O. Box 601 WINCHESTER, VIRGINIA 22604 SMITH, DONAL.. L. BL)NNYBXDE STATION WINCHESTER, VA. � - ��,z ASTIAGE JUL21'94 0.29 53A A 31 226oi- al--r.015 REP. -RN TO �M--I'JDER' NOT AS A EID R. E _SS-ED Urik_bl_t I U 1,- tJl-'.k4Ah7LJ HII i 1 I 1 1) 111 11 11 11 11 11 111 11 111 11 111 11 111111 1111 111 11 111 11 111 1 0 c COUNTY of FREDERICK Department of Planning and Development 703 / 665-5651 Fax 703 / 678-0682 August 31, 1994 TO THE APPLICANTS) AND /OR ADJOINING PROPERTY OWNER(S) The Application of: STAR FORT Preliminary Master Development Plan #004-94 for 163 single family detached homes. This property is located South and adjacent to Lauck Drive (Route 832) and East and adjacent of Route 522N, in the Gainesboro District and is identified as PIN 54-A-1. This master development plan will be considered by the Frederick County Board of Supervisors at their meeting of September 14, 1994, at 7:15 p.m., in the board room of the old Frederick County Courthouse, Winchester, Virginia. Any interested parties may attend this meeting. Sincerely, Kris C. Tierney " Deputy Director KCT/dc 9 North Loudoun Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 This is to certify t the attached correspondence mailed to the following on August 31, '1994 frothe Department of Plannine and__. velonment-,_Frederick Count YVirginia• 4 MIL. DBE D 1 E:L..L..ICIT'Y ., I.:E:"»3'Y IR A . ;E:STA1'E 2iS L..AI:JCK 'DR I I wi E:L:DGJN I) WINCHE:S'Y'E:R'A, 'VA.. WINCHE'ST.ER,.. VA., t/ �y 603.... .'"G,"aEa41 I 53A A 41Ji 54 A i") SMAN u C<HARL. ES R « � .BRE.NDA .M M. � ,; 81-JOCKE:Y '.BROTHE RS TNC. / :�'21 L.:AUCK ZRIVE.. WINCHE:3'Y'ER, 'VA j F, is BOX .2530' l/ �."�'Qrg3� I wa:Nc..HE:�>'Y'I`iFE, :VA 2 260 "�;3A A 41 � w54 A > HICKL IN. JOHN V'.. j t:-RE:DERxCK CCJUN'Y'Y. F'RU.IT GROWE.R!B' C/O JCJHN!xi-Y'E:XACCJ � JE:iC)X �'73u5 '731 N . L .-'OUDCJUN STREET , WINO HESI':E:R, VA., � WINCHE:STER, VA., 22604-- 22601— '54 A �3 5i 4iii HIL..L.:0RE:'3'Y' ;:NI.JP S:I:NG .1-iCJME:INC. J F•, OOVE:R, EiARHARA H. l 4.10 1..:AUCK -DR 1045 !F'ORE:MAN LANE � WINC3HE.S 11E:R,, VA., WIN(�1HES1'E:fie•, 'VA 54 � MIDDL. E SE;X ;ARTIL.:L. EKRY C:ICJ -RHODF.S WINCHE*.,$*7'E:F'e, 'VA.. 53A A I...ARf;E:N1'., 'WAt.i'ER `.E:., GOL»DILK E. 233 L.:AUCK SDP: ;I WINCHES -(`.Eire., `VA . MIL..L..Eir'e, HOWARD C.- & BE R*T!HA 'I CAL»VFERT 237 L.:AUCK ,DRIVE WI'NC:hiE:«3Y'Eire, 'VA HE-L::MIOK -DAVID '0.., iiS L.,ZCK :Dry WINC:HESI*ER, VA . 2."fs 603— '53A A 40s%, 53A STATE OF VIRGINIA COUNTY OF FREDERICK I, Renee' S. Arlotta . _ 5ZA A 31 SMITH, D.CJNAL L». � SUNNYsI•DE: -Si -A``Y.CCJN WINC:I .STE:R, VA, 53A A 32 MARKL.:E.Y., ,:JAMES T. & MARY .iJANE: I206 MIL..AM =DR WINC1-1E:S1'ER, VA 22602— . is De ut kirec-tor p ederick County Deof Planning , a Notary Public in and for the state and . county aforesaid, do hereby certify that Kris C. Tierney, Deputy Director, for the Department of Planning and Development, whose name is signed to the foregoing, dated August 31, 1994 has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this 31 day of August My commission expires on August 31, 1995 NOTARY PUBLIC 1994 'WTNCHEi:G.'3'T?ER., - _VA. '53A A 34 DE:HAV.E:N, MAi: L E: C.. C/O H-D.. xlE:F.•IAVE:N ,Mji'S �C.HAF'E:L. DRIVE: j SARASOT'A, !FILA. rj3A A «i MC:K E:E:., `CHAKL:OT'T'E: BUTLER 11' 5 ,L.AU.C:K A>RIVE W:I:NC;HE:STE R, ':VA r MCC:AF 'T'Y, -H.. CL..:I:N'TON S3A A & MARY .E.. 14t!; WC3C3x} ".AVF:NUE: WXN0I-IE STE;F'., VA. 22601;-- :NEI.L.TE: �W. 153A A 36. . 253 1 AUCK :DRIVE:: W:CNCHE"I:3'T'E R, "VA . 22603µ• MAL.L:C ZZT., 'OE:NN:Cwi .:l 1f. SUSAN ;I.... 1061 tL:AUCK i M. W:CNCME:w3'T'E:F'4, 'VA t j VE:AC:H, F'H11» E ti WANxYA3ixA L.. �.7S .L.AUCK 'DFk . / W1NCI»IE:e*T'E:Fti, VA. V SHIAWN R. i SS -L AUCK :M . W:I:NCHE STE.R. VA CAMF*BE:LI., .2M 60 3— '53 4} V � 2260,15 41 1-302 AF4PLESE:E D !C:C3UFi'T' Leslie R. Campbell WINCHESTER, VA. 195 Lauck Drive - yy " 60 » "" re Winchester, . Virginia 22603 5z CJC ai< .. C3EeEsFvl' C . d. B :vr.. L.Y A. �1.01. .L.AUCK :x>F%« f - -- WINC:HE:STER, VA. .S's»..a -601— G.W. Clifford & Associates 200 N. Cameron Street i Winchester, Virginia 22601 Attn: Tom Price l nn ' I'LANN►r6 eCjnM�sJ�oeJ 4 to be met, and in particular, those regarding sidewalk widths and temporary turn-arounds. Upon motion made by Mr. Thomas and seconded by Mr. Light, BE IT RESOLVED, That the Frederick County Planning Commission does hereby approve Subdivision Application #004-94 of Woodside for 66 lots for single-family detached housing contingent on sidewalks being added to both sides of all streets and that all staff and review agency comments are adequately addressed prior to final administrative approval and recordation. The vote was as follows: YES(to a v�w Stone, Light, Copenhaver, Wilson, Romine, Thomas, DeHaven, Shickle RO. Morris ABSTAIN: Golladay Preliminary Master Development Plan #004-94 of Star Fort to establish 163 single-family detached homes. This property is identified with PIN 54-A-1 and is located adjacent and south of Lauck Drive (Rt. 832) and adjacent and east of Route 522 North, in the Gainesboro District. Action - Recommendation of Approval Mr. John H. Foote, Attorney for the developer, and Mr. Charles W. Maddox, Jr., design engineer, were representing the applicants, Mr. George Glaize and Mr. Carlin Smith. Mr. Foote said that the deed that granted the Star Fort property to Middlesex Artillery Fleets Battery, Inc. required that Star Fort be maintained perpetually as open space and as a historic preservation site. Mr. Foote said that the MDP presented is for the residential development that surrounds the Star Fort site. He said that resources to maintain the site currently do not exist and they are proposing a "per lot assessment" to each residential lot for the operation of Star Fort. He said that this will be public money subject to public scrutiny. Mr. Foote said that this will be a funding mechanism for the operation and maintenance of Star Fort, however, the property owners would not be Iiahle for maintenance or accidents occurring on the Star Fort site. Mr. Foote also noted that the applicant will provide public access to the fort and they will provide buffering from the surrounding residential development. Mr. Maddox said that their intent is to protect Star Fort's vista to Winchester and to properly buffer adjacent uses in order to give the visitor to Star Fort a "re-creation" experience. Mr. Maddox showed slides of the Star Fort site and surrounding uses; he indicated / -1 3847 5 the general location of the main entrance -onto Route 522; he discussed the stormwater management plan, which consisted of road side ditches, culverts, and surface flow; he explained the circular loop road and the bikeway/pathway which are planned through the residential development; he also addressed the commercial area proposed along Route 522. The Commission was concerned about the applicant's stormwater management plan because of the history of drainage problems in this general area. They were also concerned about whether noise coming from Shockey Brothers, Inc. would impact the site. Mr. Foote stated that they were prepared to put notes on individual property deeds warning people of the existence of surrounding industrial development and of the probability that Shockeys may expand their operations in the future. The Commission discussed areas of the site that needed to be buffered. They felt that the Star Fort site needed to be buffered from surrounding residential development and that the residential development needed buffered from the proposed commercial areas and surrounding industrial uses. Parking and bike trails were also discussed. Y. It was noted that VDOT did not want an access to I suck Drive (Rt. 832); however, the staff and applicant felt that a second access was necessary, especially for emergency vehicles. Commissioners felt that Lauck Drive would become a much busier street. They felt that if Uuck Drive was "de-emphasized" and a fully functioning main entrance was placed at Rt. 522, that the majority of traffic would choose that route. Mr. Tierney presented the background material and agency review comments. Mr. Tierney said that a letter was submitted by Mr. J. Donald Shockey, Jr. on behalf of Shockey Bros., Inc. stating for the record their intention to expand their facility in the future. Mr. Tierney brought the Commission's attention to the issue of dedicating property, not owned by the applicant, for open space and the precedent it may set. He said that if the owners of the fort were a party to the application, then the acreage could he considered a part of the plan. forward: Chairman Golladay called for public comment and the following persons came Mr. Robert Rhodes, the President of Fleets Virginia Battery Middlesex Artillery, the owners of Star Fort, was present to speak in favor of the proposed master development plan. Mr. Rhodes stated that when the fort property was downzoned by the Board of Supervisors, they approved the fort as open space for future development. He said the deed of gift obtained by Middlesex Artillery for the original three acres stated the land was open space and was accepted as an agreement between Middlesex Artillery and the giftees that this would remain as open space. In 1981, an additional four acres was gifted under the same conditions. Mr. Rhodes felt the proposed development plan was Middlesex Artillery's opportunity to do something positive with Star Fort. He felt the fort would be more meaningful 3848 6 if it was partially reconstructed with a museum in the commercial area, which was their long term goal. Mr. Rhodes said that the Middlesex group has been working with the developer for the last 12 years and they are very much in favor of what the developer is proposing. Mr. Kenneth Y. Stiles, former member of the Planning Commission and former Board of Supervisors Chairman, also gave the Commission some historical background concerning the Star Fort site. Mr. Stiles said that the fort was zoned R6 in the early 1960s for a high -density townhouse/apartment development. He said that about 10 acres of the R6 was down zoned with the Comprehensive down zoning in 1980. He said that the Board accepted that when Mr. Smith donated the property to Mr. Rhodes' group that this would be part of the open space required for any development there. Mr. Stiles felt that with regard to the Rt. 832 access, he understood the problems the neighbors would have, but as a practical matter, he felt the bulk of the traffic would use the Route 522 entrance. He felt that Rt. 832 was in good condition and it was policy for every subdivision to have two access points. Mr. Stiles also stated that Mr. Rhodes has struggled with Star Fort since 1980 with no outside assistance. Mr. Stiles felt this situation would benefit Star Fort and he felt the County should support it. Mr. George Glossner, resident on the west side of Lauck Drive, was concerned about water runoff from the development creating drainage problems on his property. He also requested that the Commission accept VDOT's recommendation not to have an access on Lauck l Drive. Mrs. Susan Mallozzi resident on Lauck Drive, was also opposed to having an access to Lauck Drive. She said that Lauck Drive is now a low traffic street and children play on the street. Mrs. Mallozzi was also concerned about getting cracks in her home if the developer needed to blast to put roads in. Mr. Robert Watkins, Frederick County Planning Director and staff support to the Winchester -Frederick County Battlefield Task Force, said that the Task Force is very much in support of the developer's proposal in terms of historic preservation. Mr. Watkins said that all of the historic preservation groups are represented on the Task Force. He said that they have reviewed this MDP and there is no dissent among them. Mr. Watkins said that the members of the Task Force feel this is a positive way to address the issues of Star Fort and is a way to preserve the historic site without using County funds. At this time, a motion was made by Mrs. Copenhaver, seconded by Mr. Wilson, and unanimously passed to make the letter from J. Donald Shockey, Jr., of Shockey Bros, Inc., a part of the official record. The Commission requested some assurance from the applicant that there would not be problems from the residential development with noise that may be generated by the existing surrounding industry; that the applicant work with the staff to provide a road connection 3849 7 to Lauck Drive; that the applicant work with, the staff towards a satisfactory resolution of the open space issue; that it be made clear that individual lot owners would not be liable for maintenance or any accidents occurring at the Fort property. Upon motion made by Mr. Shickle and seconded by Mr. DeHaven, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Preliminary Master Development Plan #004-94 of Star Fort to establish 163 single-family detached homes contingent upon the staff and the applicant working out an agreeable road connection to Lauck Drive and upon satisfactory resolution of the open space issue, the provision of required buffers, and compliance with all other staff and review agency comments. Discussion regarding a rezoning request by Frank M. Funk to down zone from RP (Residential Performance) to RA (Rural Areas) to establish lots for placement of mobile homes. This property is located on the west side of Route 647 in the Opequon District. Mr. Tierney said that Mr. Funk is considering applying for the rezoning of two small lots, fronting on the west side of Route 647, from RP to RA. Mr. Tierney said that the purpose for the rezoning would permit Mr. Funk to allow two of his grandchildren to place mobile homes on the lots. Mr. Tierney said that mobile homes are not permitted under the present RP zoning. The Commission felt there were some potential problems with allowing a small piece of RA zoning in the midst of an urban/ residential area. They felt there would be potential conflicts in terms of non -compatibility of uses and were not generally in favor of the request. Mr. Funk was not present. Discussion regarding a proposed rezoning of 16 acres (the Wierman property) from RA (Rural Areas) to RP (Residential Performance) for general development. This property is located west of Mill Race Estates in the Stonewall District. Mr. Ron Mislowski, P.E. with G. W. Clifford & Associates, gave the Commission a preliminary presentation on a proposed rezoning of 17.6 acres, on the north side of Valley Mill Road (Rt. 659), just west of Mill Race Estates, from RA (Rural Area) to RP (Residential Performance). Mr. Mislowski said that there will be some land transfers taking place between the Wierman property and the adjacent Racey property to make up the 17.6 acres. Mr. Mislowski said that they plan to connect to Millrace Drive for access. He said that they are 3850 #3918 LESTER A. ELLIOTT, ET AL TO: .. DEED OF GIFT r' �� MIDDLESEX ARTILLERY goo1K 531 FACE 266 THIS DEED OF GIFT made and dated this � dad° or. 19 4SQ, by and between Lester A. Elliott, Widower, and Carlin L. Smith and Georgic E. Smith, his wife, parties of the first part, and Middlesex Artillery -- Fleet's Battery Inc. C. S. A,, a corporation organized pur- suant to the laws of the Commonwealth.of Virginia, party of the _second part. WHEREAS-, Frances C. Elliott, wife of Lester A. Elliott, is deceased. NOW, THEREFORE, WITNESSETH-. That for and in con- sideration of the sum of Ten ($10.00) Dollars, and other good and valuable consideration, receipt whereof is hereby acknow- ledged, the parties of the first part do hereby grant and convey, with general warranty and English covenants of title, unto the party of the second part, all that certain tract or parcel of land, together with all rights, rights of way and appurtenances thereto belonging and improvements thereon, lying and being situate in Stonewall District, Frederick County, Virginia, and described as containing 4.000 Acres by that certain plat and survey of Thomas A. Shockey, L.S., dated December 22, 1980, attached hereto and by this reference made a part of this deed. This is a portion of the same property described in that certain Deed dated May 23, 1973, from Lester A. Elliott, et ux, to Carlin L. Smith, et ux, of record in the Clerk's Office of the Circuit Court of Frederick County, Vir- ginia, in Deed Book 410, Page 539, to which deed and .he references therein contained, reference is here made fog particular description of the property herein. conveyed. This conveyance is made subject to the condition LAROHCIT. ANDBRI/O N, that the said party of the second part, its successors or assign , LARRICK & GROV 6O ATTONNNT• wT LAM MINCNNIITNN. VINOINIA I 11SNT. ANI)nnsUN. It 1(: IL IQr Ci t10 \'IS6 A TIOwNRT■ AT LAM FINCIIRwTR R. VIROINfA • BOOK 531 PACE 267 shall hold and maintain the said property as open space as required by the ordinances of Frederick County, Virginia. This conveyance is further subject to the condition that said party of the second part, its successors or assigns, hold and maintain said property as a historic preservation site and shall not use it as a building lot. The said parties of the first part do hereby grant 1i unto the said party of the second part, its successors or assigns, a right of way 10 feet in width extending from State Route 832 to the aforesaid property, the location of which right of way is to be designated by the said parties of the first, part. The said parties of the first part shall have the right to change the location of the said right of way if and when a street pattern is developed over the land contiguous to the aforesaid property. The said party of the second part joins in the execution of this deed for the sole and express purpose of agreeing to its provisions and to comply therewith. This conveyance is also made, however, subject to all rights of way, easements and/or conditions of record, if any, affecting the aforesaid realty. WITNESS the following signatures and seals: � L ( (SEAL) Lester A. El iott (SEAL) arlin S (SEAL) orgie E. Smith MIDDLESEX ARTILLERY-- FLEET'S ATTERY INC. C. S. A. B y ., ' rest I'm - 2 - I AROICNT, ANDEII6ON, LARRICIt 4 01101NB A7T0414RV8 AT LAN W1NCn1CSTii, VIROINIA #164 LESTER A. ELL.IOTT, ET.AL TO: .. -DEED OF GIFT MIDDLESEX ARTILLERY FLEET'S BATTYERIN, INC. BOOK 544 PACE 4JV THIS DEED OF GIFT made and dated this 184''day of Dec5raS e_ , 1981 , by and between.Lester A. Elliott, Widower, and Carlin L. Smith and Georgie E. Smith, his wife, partiesof the first part, and Middlesex Artillery Fleet's.Battery Inc., C.S.A., a corporation organized pur- suant.to the laws of the Commonwealth of Virginia, party of th, second part. WHEREAS: Frances C.•E11•iott,'wife of Lester A. Elliott., is deceased. NOW,THEREFORE, WITNESSETH.: That as a gift and in consideration of the covenants set forth herein., the parties of the first part do hereby grant.and convey, with general warranty and English covenants of titlb, unto the party of the second part, all that certain tract or�parcel of land, together with all rights, rights of way and appurtenances thereunto belonging and improvements thereon, lying and being. situate in Stonewall Dlstrift, Frederick County, Virginia, and described as containing 3.000 acres by that certain plat and survey of Thomas A. Shockey, L.S., dated December 18, 1981 attached hereto and by.this•reference made a part of this deed. This is a portion of the same property described in that certain Deed dated May.2.3, 1973, from Lester A. Elliott, et ux, to Carlin,L. Smith, et ux, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 410, at,Page 539, to which deed and the references therein contained, reference is here made for a more particu- lar description of the property.h.erein conveyed. This conveyance is made subject to the condition that the said party of the second part, its successors or assigns shall hold and maintain the said property as open space as required by -the ordinances of Frederick County, Virginia., n' / � C.AnnvNT. ANDEneON. LAnnIC)t & GHOVKO ATTOtNOTO AT uw w[MCMt.Tt M. Yi1OSM[A • aoox 544 nu 419 This conveyance is further subject to the condition that said party of the second part, its successors or assigns, hold and maintain said property as a historic preservation site and shall not use it as a building lot. The said parties of the first part do hereby grant unto the said party of the second part, its successors or assigns, a right of way 10 feet in width extending from State Route 832 to the aforesaid property, the location of which right of, way is to be designated by the said parties of the first part. The said parties of the first part shall have the right to change the location of the said right of way if e when a street pattern is developed over the land contiguous to the aforesaid property. The said party of the second part joins in the execution of this deed for the sole and express purpose of agreeing to its provisions and to comply therewith. This conveyance is also made, however, subject to all rights of way, easements and/or conditions of record, if any, affecting the aforesaid property. WITNESS the following signatures and seals: (SEAL) ester A -.-Elliott MIDDLESEX ARTILLERY-- FLEET'S BATTERY INC.; C.S.A. BY: QD2�&q - President - 2 - 1 (SEAL) (SEAL) Ll 4t LJ ALEXANDRIA OFFICE 510 KING STREET, SUITE 200 P.O. BOX 820 ALEXANDRIA, VIRGINIA 22313 (703) 836-8400 FAIRFAX OFFICE 3110 FAIRVIEW PARK DRIVE, SUITE 1400 P.O. BOX 12001 FALLS CHURCH, VIRGINIA 22042 (703) 641-4200 LAW OFFICES Hazel&Thomas A PROFESSIONAL CORPORATION PRINCE WILLIAM OFFICE THE OLD PIEDMONT BUILDING THIRD FLOOR 9324 WEST STREET MANASSAS, VIRGINIA 22110 (703) 330-7400 METRO (703) 803-7474 FAX (703) 330-7430 August 8, 1994 Bob Watkins Frederick County Planning Department 9 Court Square P.O. Box 601 Winchester, Virginia 22601 Dear Bob: �j LEESBURG OFFICE SUITE 300 44084 RIVERSIDE PARKWAY LEESBURG, VIRGINIA 22075 (703) 729-8500 RICHMOND OFFICE 411 EAST FRANKLIN STREET, SUITE 600 P.O. BOX 788 RICHMOND, VIRGINIA 23206 (804) 344-3400 WINCHESTER OFFICE 107 NORTH KENT STREET, FOURTH FLOOR P.O. BOX 2740 WINCHESTER. VIRGINIA 22604 (703) 665-0050 Enclosed you will find a copy of the deeds from the original owners of the Star Fort property to Middlesex. While I do not believe that this, by itself, resolves the open space issue, it is very likely some useful evidence. I will call soon to see where we are with respect to the question. I'd like to thank both you and Kris for your presentation before the Commission the other day, even if we aren't on the same sheet of music with respect to the open space question. We can get there. Sincerely yours, HAZEL T MAS, P.C. :` t Johri H. Foote JHF:jw cc: Mr. Chuck Maddox Mr. George Glaize Mr. Carlin Smith sr�.T � j �� �0 '.. __ ARGENT. ANvzitwom LAniticic & Onovus ♦TTO... Y• AT uM OIMCURWTi b VIRGINIA I #164 LESTER A. ELLIOTT, ET AL TO: DEED OF GIFT MIDDLESEX ARTILLERY FLEET'S BATTYERIN, INC. IN BOOK 544 PACE 4j_g THIS DEED OF GIFT made and dated this 18'"day of DeCaME3aC. , 1981 , by and between Lester A. Elliott, Widower, and Carlin L. Smith and Georgie E. Smith, his wife, parties of the first part, and Middlesex Artillery Fleet's Battery Inc., C.S.A., a corporation organized pur- suant to the laws of the Commonwealth of Virginia, party of the second part. WHEREAS: Frances C. Elliott, wife of Lester A. Elliott, is deceased. NOW,THEREFORE, WITNESSETH: That as a gift and in consideration of the covenants set forth herein, the parties of the first part do hereby grant and convey, with general warranty and English covenants of title, unto the party of the second part, all that certain tract or parcel of land, together with all rights, rights of way and appurtenances thereunto belonging and improvements thereon, lying and being situate in Stonewall DistriLt, Frederick County, Virginia, and described as containing 3.000 acres by that certain plat and survey of Thomas A. Shockey, L.S., dated December 18, 1981, attached hereto and by this -reference made a part of this deed. This is a portion of the same property described in that certain Deed dated May 23, 1973, from Lester A. Elliott, et ux, to Carlin.L. Smith, et ux, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 410, at Page 539, to which deed and the references therein contained, reference is here made for a more particu- lar description of the property herein conveyed. . This conveyance is made subject to the condition that the said- party of the second part, its successors or assigns shall hold and maintain the said property as open space as required by the ordinances of Frederick County, Virginia. I T.AROENT. ANDER60N. LARRICH h GROVES ATTOIN-6 AT uM wTWcUm*Tsi. "RMKKA 0 BOOK 544 PAGE 40 This conveyance is further subject to the condition that said party of the second part, its successors or assigns, hold and maintain said property as a historic preservation site and shall not use it as a building lot. The said parties of the first part do hereby grant unto the said party of the second part, its successors or assigns, a right of way 10 feet in width extending from State Route 832 to the aforesaid property, the location of which right of,way is to be designated by the said parties of the first part. The said parties of the first part shall have the right to change the location of the said right of way if a when a.street pattern is developed over the land contiguous to the aforesaid property. The said party of the second part joins in the execution of this deed for the sole and express purpose of agreeing to its provisions and to comply therewith. This conveyance is also made, however, subject to all rights of way, easements and/or conditions of record, if any, affecting the aforesaid property. WITNESS the following signatures and seals: �01 s41"fl-r—LCL.-ITitt � (SEAL) Le sA. MIDDLESEX ARTILLERY-- FLEET'S BATTERY INC.; C.S.A. BY: QtA-U - President — 2 — (SEAL) (SEAL) #3918 LESTER A. ELLIOTT, ET AL TO: DEED OF GIFT MIDDLESEX ARTILLERY ************************************ 1 BOOK 531 FAu 266 (THIS DEED OF GIFT made and dated this dad. of I- r �'O �/t ► 19'�(), by and between Lester A. Elliott, Widower, and Carlin L. Smith and Georgia E. Smith, his wife. parties of the first part I , and Middlesex Artillery-- i Fleet's Battery Inc. C. S. A., a corporation organized pur- suant to the laws of the Commonwealth of Virginia, party of the �I �I i i LAROHNT. ANDHneo N, LAR111CK & Choy fie ATTOIIN■T• AT LAN F INCIINSTUN. VI. CINIA _second part. WHEREAS% Frances C. Elliott, wife of Lester A. Elliott, is deceased. NOW, THEREFORE, WITNESSETH% That for and in con- sideration of the sum of Ten ($10.00) Dollars, and other good and valuable consideration, receipt whereof is hereby acknow- ledged, the parties of the first part do hereby grant and convey, with general warranty and English covenants of title, unto the party of the second part, all that certain tract or parcel of land, together with all rights, rights of way and appurtenances thereto belonging and improvements thereon, lying and being situate in Stonewall District, Frederick County, Virginia, and described as containing 4.000 Acres by that certain plat and survey of Thomas A. Shockey, L.S., dated December 22, 1980, attached hereto and by this reference made a part of this deed. This is a portion of the same property described in that certain Deed dated May 23, 1973, from Lester A. Elliott, et ux, to Carlin L. Smith, et ux, of record in the Clerk's Office of the Circuit Court of Frederick County, Vir- ginia, in Deed Book 410, Page 539, to which deed and the references therein contained, reference is here made for a mare particular description of the property herein conveyed. This conveyance is made subject to the condition that the said party of the second part, its successors or assign, r t 11"?4T. ANntinAON, nlcrt h Onot•tte w»onNw�• wr uw F INf llw wiw w. Vlw ntNtA BOOK 531 FAu 267 shall hold and maintain the said property as open space as required bythe ordinances of Frederick County, Virginia. This conveyance is further subject to the condition that said party of the second part, its successors or assigns, hold and,maintain said property as a historic preservation site and shall not use it as a building lot. The said partie9 of the first part do hereby grant unto the said party of the second part, its successors or assigns, a right of way 10 feet in width extending from State Route 832 to the aforesaid property, the location of which right of way is to be designated by the said parties of the first part. The said parties of the first part shall have the right to change the location of the said right of way if and when a street pattern is developed over the land contiguous to the aforesaid property. The said party of the second part joins in the execution of this deed for the sole and express purpose of agreeing to its provisions and to comply therel.ith. This conveyance is also made, however, subject to all rights of way, easements and/or conditions of record, if any, affecting the aforesaid realty. WITNESS the following signatures and seals: (SEAL) Lester A. Elliott (SEAL) arlin S orgie E. Smit (SEAL) MIbDLESEX ARTILLERY -- FLEET' 4res TERY INC. C. S. A. By! � ,�� ent - 2 - I 0 P.O. Box 2530 / Winchester, Virginia 22604-1730 (703) 667-7700 In Metropolitan Washington (202) 471-9770 August" 2, 1994 Mr. Kris C. Tierney Deputy Director County of Frederick Dept. of Planning and Development 9 North Loudoun Street P. 0. Box 601 Winchester, VA 22601 Dear Mr. Tierney: This is in response to your July 20, 1994 letter regarding the application of Star Fort that will be considered at the Frederick County Planning Committee meeting on August 3, 1994, at 7 p.m. We request that this letter be made a part of the Planning Commission's recorded minutes of that meeting. We are adjoining property owners; our land is zoned heavy industrial (M-2). For many years we have used part of this property for heavy industrial manufacturing purposes and plan to expand onto the undeveloped portions. As adjoining property owners, we feel it is essential that all parties concerned be fully aware of the current and intended use of our property. Heavy industrial and single family, detached housing do not seem to be a compatible mixture of uses. Therefore, the single family purchaser should realize that our undeveloped land could be filled with industry some day. Thank you for bringing this letter to the attention of the Frederick County Planning Commission. Very truly yours, ., INC. ckey, Jr. resident JDS:eb A ti-S Z-C( ) /J�� clvr cl� tA-A-�A 00 ca j 1-,�) C� 4t- S-e- 4A is �\ Inm� �v �- �2z -6323 i f&y--J;�4 QbKsnS of sljnny�ijs August 9, 1994 Robert W. Watkins 9 North Loudoun Street, PO Box 601 Winchester VA 22604 Mr. Watkins, On August 3, 1994, The Frederick County Planning Commission unanimously approved the preliminary plan for a 163 home Star Fort Development. A development this size has generated a number of concerns by The Citizens of Sunnyside. The Citizens of Sunnyside do not directly oppose the development of Star Fort, but we do fear negative impacts. Our concerns focus primarily on two issues, management of storm water run-off and the proposed access road between the Star Fort Development and Lauck Drive (Route 832). We came away from the August 3rd meeting with a feeling that The Planning Commission shared our concern with the storm water management problem, but failed to alleviate our concerns regarding the access road. The proposed connecting access road would increase the level of traffic on a road that was not designed for such use (VDOT has also raised a similar concern). More traffic would also present a greater threat to our children, pets and residents who presently use Lauck Drive for biking, walking and socializing. Increased traffic would also bring higher noise and pollution levels to our neighborhood. Headlights from the cars exiting Star Fort would infringe on the privacy of those residents directly across from the proposed access road. Traffic that mistakenly bypasses the access road will be forced to use private driveways as turn around spots due to the lack of a cul-de-sac at the northern end of Lauck Drive. Despite the Developer's claims, this access road will have only negative impacts on our neighborhood. As a member of The Frederick County Planning Commission, we trust that you will take our concerns seriously before any final decisions are made pertaining to The Star Fort Development. Regards Susan Mallozzi 165 Lauck Drive Winchester VA 22603 Representative for The Citizens of Sunnyside R f.ht-C' .91 I G 4 a� l e <Aa e CLALIP August 9, 1994 Citizens Of Sunnyside Petition We, the undersigned (Residents of Lauck Drive and Sunnyside) are in opposition to an access road that would connect the proposed Star Fort Development and Lauck Drive (Route 032). NAME ADDRESS TELEPHONE # SIGNATURE a a •3 1Lau/c lf_ a r i U- f UA PRINT f'lP NAMt ADDRESS _W TELEPHONE # SIGNATURE Q ,tom .�2 3 L�tiG P/L/ v C U ZZc o3 PRINT ! c ►, t c c NAME ADDRESS TELEPHONE # SIGNATUR ', �a t 61 r. 0.' Johes�er 8/9 PRINT 6retjcj,4 M. Ck'js x) NAME ADDRESS TELEPHONE # SIGNATURE 1u r �cG-�o�e�. �A. a �l�o �'(.C�- ?_8! 5� PRINT G e R. k I NAME ADDRESS TELEPHONE # SIGNATURE F ,•� 02 � .d J46,3 b�" 'f 76o PRINT 2 TELEPHONE # SIGNATURE _ADDRESS 11�.4 PRINT *- 'ADDRESS _ _ TELEPHONE # SIGNATURE i a c�s4�_- v-A 2?ldo3 �� 2 ' �(c7'� PRINT banaaa�•t) SIGNATURE_ NAME _ADDRESS a S LPL TELEPHONE # PRINT ��u a DDRESS,:�'-D TELEPHONE # SIGNATU E � ivC. ffL�✓ J d ,7 �� PRINT o Lp�/- � o �1C. NA TELEPHONE # SIGNATURE L'' -ADDRESS �- L 1Z_- V,31(- PRINT /v 4s- UN �- S2_`'�ti NAME _ ADDRESS TELEPHONE # SIGNATUR PRINT L. l.W NAME ADDRESS TELEPHONE # SIGNATURE UD 1 PRINT \ V NAME ADDRESS TELEPHONE # SIGNATUR � -C� (IU PRINT Aw,1 I 1 r ; k Al ADDRESS TELEPHONE # SIGNATURE --�� `_ j' I C. �" ' ���5 --6( 7V PRINT NAME TELEPHONE # SIGNATURE I �..,,,,_ _DDRESS 05 Or, ti ` Z O 7Z7� PRINT 141, �.�_ NAME DDRESS /7,5 4 doL Vj.,,TELEPHONE # SIGNATURE PRINT August 9, 1994 Citizens Of Sunnyside Petition We, the undersigned (Residents of Lauck Drive and Sunnyside) are in opposition to an access road that would connect the proposed Star Fort Development and Lauck Drive (Route 832). N ME DDRESS TELEPRONE # SIGNATURE 1095 Fbtarr.nN(�c�ve PRINT o NAME DURESS TELEPHONE # _ SIGNATURE �'� --- Iu9S 1 VE UC)I CkES�EIZ LQI�a-�I1n47 PRINT NAME DURESS TELEPHONE # SIGNATUR ILoS ,LC � D r � ' 114- Lo l91 - L9 �i PRINTS; 0 ►1 CL 1 . DURESS _- --- NAME TELEPHONE # _ SIGNATUR — I ncA3 fa r-ern a n Lane DDRESS (,6 -n 3q TELEPHONE # PRINT C AME __ SIGNATUR Uv L0'4ANQ PRINT -- DDRESS TELEPHONE # NAM SIGNATURE �.� �" �,,,� it��'=> �o.,�v ,(,✓ (:/•r/c /lam c] !f v o^co7`bi , b %c�' //J PRINT — NAME NDDRESS TELEPHONE # SIGNATURE ci�'��-� -- ��i..c �i�F✓11f�� Gri 2 (c PRINT NAME DURESS TELEPHONE # _ SIGNATURE 1 6 d, 2 3 PRINT — DURESS TELEPHONE # NAME _ SIGNATURF�(Q.� PRINTF.,h / NAME NDDRESS TELEPHONE # ` SIGNATURE t ��=" �-- �' `gam PRINT -h TELEPHONE # NAME _DURESS SIGNATURE, , -(t% CB �� PRINT L;,��l'a J7Av�•S i.1 �,��• l�- zz-G.v � NAME DURESS TELEPHONE # SIGNATURE L PRINTC,V-�,a,- 1,! s �'�Avls DDRESS TELEPHONE # NAME 10I �'�'�^1►� V� 2 2�0' C�7 SIGNATUR Ez— mC��flLl' Dt PRINT � � - AMC � � -_- -- L,v. n -- __-- TELEPHONE # NAME DURESS _ I �eN ►y--,C SIGNATURE r Z Q PRINT _—_ e DURESS TELEPHONE # N ME �-?� �G�Z�(/� SIGNATURE / � 1 P3 RINT /V I ClV" Pe- ►r - DDRESS TELEPHONE # ME SIGNATUR Cq. PRINT-- Auguat 9, 1994 Citizens Of Sunnyside Petition We, the undersigned (Residents of Lauck Drive and Sunnyside) are in opposition to an access road that would connect the proposed Star Fort Development and Lauck Drive (Route 832). NAME SIGNATURE • DDRESS (.�/L,,,c rC `I f .4 TELEPHONE # PRINT _ c� 1'� U .� ME DDRESS TELEPHONE # SIGNATUR �� Gi 67 -70 6 PRI NAME DDRESS TELEPHONE # SIGNATURE P aD1 pet i.ze c.-7 -� PRINT 0"e mil, NAME TELEPHONE # :SIGNATU:RE tDDESS /clINT �c,C.o�.�._ �?2G ,� NAME DDRESS TELEPHONE # SIGNATURE_ _�, /L(,(fl�lG� `� �c"3 U PRINT �l(' NAME DDRESS TELEPHONE # SIGNATURES' D S )-c �Y _ �C/-c L- G� -GI,/ �� PRINT - l f ct ME DDRESS TELEPHONE # SIGNATURE ADDRESS TELEPHONE # PRINT G d C tV NAME SIGNATURE-, ,j a,J--r, � �1.QC'�2��,J' (e 6 -7 7 PRINT NAME DDRESS TELEPHONE # SIGNATURE 11 7 3 Q PRINT t10 L6, s t-e c AME ADDRESS TELEPHONE # SIGNATURE - -7 �L���1 ��� - C�C ��, ADDRESS ili j . %c � TELEPHONE # PRINT NAME SIGNA R --L / Ile -SZ /`�2tlel1), n � its3a PRINT AtA IA4AL A^r NAME ADDRESS TELEPHONE # SIGNATURE PRINT NAME DDRESS TELEPHONE # SIGNATURE _--- _ -- PRINT _ NAME DDRESS TELEPHONE # SIGNATURE _— DDRESS TELEPHONE # PRINT - NAME SIGNATURE — ADDRESS — TELEPHONE # PRINT NAME SIGNATURE PRINT Augu,t 9, 1994 Citizens Of Sunnyside Petition We, the undersigned (Residents of Lauck Drive and Sunnyside) are in opposition to an access road that would connect the proposed Star Fort Development and Lauck Drive (Route 832). N SIGNATURE ./'�%� DURESS a-n. Ln l/J�yIC��eS%PK- VA_� 60-� TELEPHONE # �7v3--6'6� PRINT �'v L'l7 „�I'L E DURESS TELEPHONE # SIGNATU E r.f' 3 _� Cv4�7 PRINT i L,e NAME' DDRESS TELEPHONE # �p SIGNATURE PRINT Si v1C L A=, 2 N#114E DDRESS TELEPHONE # SIGNATURE 1 Z1 3 f La,, C 01-. . ltJth��Gif�r` V/t - -% -�SU PRINT NAME ADDRESS TELEPHONE # SIGNATURE i?S Lyyc.j(- ()n%l(. al��c,�s.i�l—tr V1 ? (U 72-77 PRINT AM DDRESS TELEPHONE # SIGNATURE I�,J � �' )� �-�•i;~� �� ii t�{-�, 7? iL{�`� ADDRESS G �. Z � � 1 TELEPHONE # PRINT �; �i'i�Erly .�.✓ t% _—_ NAME SIGNATURE ADDRESS TELEPHONE # PRINT NAME SIGNATURE PRINT NAME ADDRESS TELEPHONE # SIGNATURE PRINT NAME DDRESS TELEPHONE # SIGNATURE PRINT NAME SIGNATURE PRINT NAME SIGNATURE PRINT NAME SIGNATURE PRINT NAME SIGNATURE PRINT NAME SIGNATURE PRINT NAME SIGNATURE PRINT DDRESS .TELEPHONE # DRESS ITELEPHONE # DDRESS ITELEPHONE # DDRESS ITELEPHONE # DDRESS ITELEPHONE # DRESS ITELEPHONE # P.O. Box 2530 / Winchester, Virginia 22604-1730 (703) 667-7700 In Metropolitan Washington (202) 471-9770 August -2, 1994 Mr. Kris C. Tierney Deputy Director County of Frederick Dept. of Planning and Development 9 North Loudoun Street P. 0. Box 601 Winchester, VA 22601 Dear Mr. Tierney: This is in response to your July 20, 1994 letter regarding the application of Star Fort that will be considered at the Frederick County Planning.Committee meeting on August 3, 1994, at 7 p.m. We request that this letter be made a part of the Planning Commission's recorded minutes of that meeting. We are adjoining property owners; our land is zoned heavy industrial (M-2). For many years we have used part of this property for heavy industrial manufacturing purposes and plan to expand onto the undeveloped portions. As adjoining property owners, we feel it is essential that all parties concerned be fully aware of the current and intended use of our property. Heavy industrial and single family, detached housing do not seem to be a compatible mixture of uses. Therefore, the single family purchaser should realize that our undeveloped land could be filled with industry some day. Thank you for bringing this letter to the attention of the Frederick County Planning Commission. Very truly yours, SH K B OS., INC �lao� d Shockey, resident JDS:eb MOCKEY BROt Inc. P.O. Box 2530 / Winchester, Virginia 22604-1730 (703) 667-7700 In Metropolitan Washington (202) 471-9770 August`2, 1994 Mr. Kris C. Tierney Deputy Director County of Frederick Dept. of Planning and Development 9 North Loudoun Street P. 0. Box 601 Winchester, VA 22601 Dear Mr. Tierney: This is in response to your July 20, 1994 letter regarding the application of Star Fort that will be considered at the Frederick County Planning Committee meeting on August 3, 1994, at 7 p.m. We request that this letter be made a part of the Planning Commission's recorded minutes of that meeting. We are adjoining property owners; our land is zoned heavy industrial (M-2). For many years we have used part of this property for heavy industrial manufacturing purposes and plan to expand onto the undeveloped portions. As adjoining property owners, we feel it is essential that all parties concerned be fully aware of the current and intended use of our property. Heavy industrial and single family, detached housing do not seem to be a compatible mixture of uses. Therefore, the single family purchaser should realize that our undeveloped land could be filled with industry some day. Thank you for bringing this letter to the attention of the Frederick County Planning Commission. Very truly yours, SH K B OS., INC. flit d Shockey, Jr. resident JDS:eb P.O. Box 2530 / Winchester, Virginia 22604-1730 (703) 667-7700 In Metropolitan Washington (202) 471-9770 August - 2 , 1994 Mr. Kris C. Tierney Deputy Director County of Frederick Dept. of Planning and Development 9 North Loudoun Street P. 0. Box 601 Winchester, VA 22601 Dear Mr. Tierney: This is in response to your July 20, 1994 letter regarding the application of Star Fort that will be considered at the Frederick County Planning Committee meeting on August 3, 1994, at 7 p.m. We request that this letter be made a part of the Planning Commission's recorded minutes of that meeting. We are adjoining property owners; our land is zoned heavy industrial (M-2). For many years we have used part of this property for heavy industrial manufacturing purposes and plan to expand onto the undeveloped portions. As adjoining property owners, we feel it is essential that all parties concerned be fully aware of the current and intended use of our property. Heavy industrial and single family, detached housing do not seem to be a compatible mixture of uses. Therefore, the single family purchaser should realize that our undeveloped land could be filled with industry some day. Thank you for bringing this letter to the attention of the Frederick County Planning Commission. Very truly yours, SH K B OS., INC. d Shockey, Jr. resident JDS:eb SENT BY:HAZEL&THOMAS Manassas ; 6-30-94 ; 5:34PM ; 7033307430-4 1-703-667-0370;# 1 TO: CLI ENT / MAT' FAX NUMBER: FROM: NUMBER OF I THE LAW OFFICES OF PRINCE WILLIAM OFFICE THE OLD PIEDMONT BUILDING 9324 WEST STRSZT MANASSAS, VIRGINIA 22110 (703) 330-7400 METRO (703) 803-7474 FAX (703) 330--7430 WELECOPY COV KRIS TIERNEY 16145.001, 1-703-667-0370 JOHN H. FOOTE S IN THIS TRANSMISSION: MESSAGE: ook this draft over and giveme a call. I have not yet shown it to George, Chuck, or Robbie, because I wanted to get a reel for whether I am on track. Thus, this must be seen as a first effort. IF THERE IS THE NUMBERS THE INFORMAT USE OF THE I OR CONFIDENT YOU ARE HXR1 THIS COMMUN COMMUNICATIO ORIGINAL PAC NY DIFFICULTY WITH THIS TRANSMISSION, PLEASE CALL OUR OFFICE AT ISTED ABOVE. ON CONTAINED IN THIS FACSIMILE MESSAGE IS INTENDED ONLY FOR THE DIVIDUAL OR ENTITY NAMED, AND MAY BE ATTORNEY/CLIENT PRIVILEGED 0.L. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, X NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION, OR COPYING OF ^.ATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY PHONE AND RETURN THE IMILE MESSAGE TO US AT THE ABOVE ADDRESS. TELECOPY COV�R PAGE PREPAREDi AUGUST 30, 1994 5t25PM SENT BY:HAZEL&THOMAS Manassas ; 8-30-94 ; 5:34PM ; 7033307430-+ 1-703-657-0370;# 2 August 30, 1994 Robert Watki s, Director Frederick Co my Planning Department 9 Court Squa e P.O. Box 601 Winchester, 7irginia 22601 Re: O n Space and Star Fort Dear Mr. Wa ins: At the lanning Commission hearing on the preliminary master development Ian for Star Fort, a question was raised as to the use of Star For property, owned by Middlesex Artillery -- Fleet's Battery, Inc., CSA, as open space to be used in the calculation of required o eh space as part of the proposed surrounding development, under S 165-63 of the zoning ordinance. This letter is intended to address that question from the perspective of Middlesex A tillery. I believe you are aware that when this land was originally donated to Middlesex Artillery, representations were made to and by the Board of Supervisors that in return for the donation or the land to the worthy cause of historic preservation, the donated acreage could be used in open space calculations for the property from which land was carved. Middlesex Artillery has never had reason to djha ubt or question this understanding, but wo recognize SENT BY:HAZEL&THOMAS Manassas ; 8-30-94 ; 5:35PM ; 7033307430-+ 1-703-667-0370;# 3 Robert Watki s, Director August 30, 1 94 Page 2 that there is a desire to make a formal record of the parties' intentions regarding the point. Thus, I am authorized on behalf of Middlesex Artillery to advise you that we formally concur in the development application which has been submitted by fir. Glaize and Mr. smith. We reaffirm our commitme t to the preservation and maintenance of Star Fort as an historic area for the use and benefit of the public at large. As you are aware, the developers of the property have generously agreed to dedicate a significant sum of money, derived from homeowner association dues, to the long-term management and upkeep of the Fort. This unique contribution makes possible the preservation of the Fort in a way that had not previously seemed open to us. Because Middlesex Artillery is dedicated to the preservation of star Fort, we are pleased to cooperate with our surrounding land owners to that end. We recognize that star Fort is the major beneficiary of the revenues to be generated, as set out in landowners'' interests. notes to the PMDP, and our concurrence in the request serves all of our near- and long-term I trust that this will prove satisfactory to you as a means of expressing our intention to be considered as common open space serving the surrounding land, as well as the people of Frederick County and �he nation. SENT BY:HAZEL&THOMAS Manassas ; 8-30-94 ; 5:35PM ; 7033307430-4 1-703-657-0370;# 4 I DRAFT Robert Watk'ns, Director August 30, 994 Page 3 Sincerely yours, Robert Rhodes, President Middlesex Artillery--Fleatfs Battery, Inc., CSA JHF/jmy cc: Carlin Smith George Glaize Charlee Maddox John F ote Jon"; 4*101.630 ti� F 19 o� � 9� �'� v�, �� F�p���,�a AY,,, ..,ij '�' � 9. • � , � � y e y M110 THIS AMENDED DEED OF DEDICATION, made and dated as of the 28 day of February, 1997, by and between SEL DON, INC•^a Virginia Corporation, RICHARD G. HARDISON, INC., a Virginia Corporation; and RICHARD & BARON, INC., a Virginia Corporation, parties of the first part, hereinafter called the Declarants, and DON ADAMS. JOYCE C. ADAMS, STROTHER ADAMS, INC.. L ARRY G. LAFOLLETTE and JENNIFER M. LAFOLLETTE, parties of the second part hereinafter called Lot Owners, and ;THE COUNTY OF FREDERICK VIRGINIA, party of the second part; and STEPHEN G. BUTLER and CART IN L. SMITH, EXECUTOR OF THE ESTATE OF LESTER A. ELLIOTT. DECEASED. Trustee and Beneficiary respectively, parties of the third part. WHEREAS, the Declarants have previously executed and recorded that certain Deed of Dedication dated February 21, 1996 of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 853, at Page 650, with plat attached thereto drawn by Marsh & Legge, Surveyors, P.L.C., dated June 12, 1995, known as Star Fort, Section I, described in the Final Master Development Plan of Star Fort, Section I, as filed in the Office of the Frederick County Department of Planning and Development and as amended by Amended Deed of Dedication dated August 12, 1996 of record in the aforesaid Clerk's Office in Deed Book 864 at Page 1197; and WHEREAS, said Deed of Dedication reserved to the Declarants the right to amend said Deed of Dedication; and WHEREAS, Declarants and the parties of the second part are the owners of record of all of the lots in Star Fort, Section I; and, WHEREAS, Declarants and the parties of the second part desire to amend Article III as the same applies to the Board of Directors; NOW THEREFORE, WITNESSETH: That for and in consideration of the premises and other benefits which will accrue, Declarants and parties of the.second part hereby amend the aforesaid Deed of Dedication, Article III, Board of Directors in the following respect and which shall be in lieu of the existing provisions as the same applies to Board of Directors: "The Affairs of the Association" shall be managed by a Board of Directors of not less than three (3), but not more than nine (9) directors who need not be members of the Association The initial Board of Directors shall be appointed by the Declarants to serve until the first annual meeting following this Deed of Dedication; —thereafter the Board of Directors shall be elected by the membership as determined in the Bylaws of the Association. 2. Except for the Amendments set forth above, Declarants a:.id the parties of the second part, do hereby ratify and confirm all of the remaining terms, covenants and conditions of said Deed of Dedication dated February 21, 1996 of record in the aforesaid Clerk's Office in Deed Book 853 at Page 650 and as amended in Deed Book 864 at Page 1197. WITNESS the following signatures and seals: SELDON, INC. u BY- � ; SEAL) 4A CARLIN L. SMITH, President RICHARD G. HARDISON, INC. BY: � �/�,�� a� , (SEAL) RICHARD G. HARDISON, President IM SEZ"I A. (SEAL) HEN G. BUTL,E Trustee /SEAL) CARLIN L. SMITH, Executor of the Estate of Lester A. Elliott, deceased, rni _ DON ADAMS, Lot Owner (SEAL) JOYCE C. ADAMS, Lot Owner _ 4 l 01- _2 � (SEAL) STROTHER ADAMS, INC, Lot Owner Tl'o YG. LAFOLLETT -}Lot Owner "( AL) JE ER M LAFOLLETTE, Lot Owner ACTION BY STOCKHOLDERS WITHOUT FORMALLY CALLED MEETING Pursuant to the provisions of § 13.1-657, Code of Virginia, 1950, as amended, the undersigned Developer herein sets forth by unanimous written consent, the decisions and actions taken on March 13, 1997 in connection with the organization of the Corporation. As the State Corporation Commission of Virginia has issued a Certificate of Incorporation for Starfort Property Owners Association, Inc., and as this Certificate, with all the endorsements and the order thereon of the State Corporation Commission, has been admitted to record by the said Commission, as required by law, on October 3, 1996, and as all fees and taxes for the issuance and recordation of said Certificate have been paid, it is: RESOLVED that the Certificate of Starfort Property Owners Association, Inc., as approved by the State Corporation Commission, and filed for record in the Office of the Clerk of said Commission, a copy of which shall be inserted in the minute book, be accepted as the Charter of this Corporation. The following were appointed as directors of the Corporation, to hold office until the next annual meeting or until their successors are elected and qualified: Robert M. Rhodes, Nick Nerangis and Mark Burke WITNESS the signatures of the Developer, Star Fort Developers. Dated February 28, 1997. RIC7 & BY . ON, INC,, By: , B �ron� . i 1, Presi ent SELDON, INC. By: Carlin L. Smith, President RICHARD G. HARDISON, INC. Richard G. Hardison, President The undersigned hereby accept the appointment to the Board of Directors of Starfort Property Owners Association, Inc., effective February 28, 1997. Witness signatures of the appointed Board of Directors. Robert M. Rhodes Nick Nerangis Mark Burke ACTION BY STOCKHOLDERS WITHOUT; FORMALLY CALLED MEETING Pursuant to the provisions of § 13.1-657, Code of Virginia, 1950, as amended, the undersigned initial Directors of Starfort Property Owners Association, Inc. herein set forth by unanimous written consent, the decisions and actions taken on March 13, 1997 in connection with the organization of the Corporation. As the State Corporation Commission of Virginia has issued a Certificate of Incorporation for Starfort Property Owners Association, Inc., and as this Certificate, with all the endorsements and the order thereon of the State Corporation Commission, has been admitted to record by the said Commission, as required by law, on October 3, 1996, and as all fees and taxes for the issuance and recordation of said Certificate have been paid, it is: RESOLVED that the Certificate of Starfort Property Owners Association, Inc., as approved by the State Corporation Commission, and filed for record in the Office of the Clerk of said Commission, a copy of which shall be inserted in the minute book, be accepted as the Charter of this Corporation. The following were elected as directors of the Corporation, to hold office until the next annual meeting or until their successors are elected and qualified: Robert M. Rhodes, Nick Nerangis and Mark Burke WITNESS the signatures of the initial Board of Directors: BYRON A. BRILL CARLIN L. SMITH RICHARD G. HARDISON �ss sig ores o e elected Board of Directors. Robert M. Rhodes Nick Nerangis Mark Burke ARTICLES OF INCORPORATION OF STARFORT PROPERTY OWNERS ASSOCIATION, INC. The undersigned hereby associate to form a non -stock corporation under the provisions of Chapter 10 of Title 13.1 of the Code of Virginia, 1950, as amended, and to that end set forth the following: A. The name of the Corporation is STARFORT PROPERTY OWNERS ASSOCIATION, INC. B. The Post Office address of the initial registered office is P.O. Box 2097, 112 S. Cameron Street, Winchester, Virginia. The name of the City in which the registered office is located is the City of Winchester, Virginia. The name of the initial registered agent is Benjamin M. Butler, who is a resident of the State of Virginia and a member of the Virginia State Bar. C. The Corporation shall have one class of members and each member shall be entitled to one vote for each lot owned. The bylaws shall set forth the qualifications and rights of the members with respect to the right to vote. D. The initial Board of Directors of the Corporation shall be appointed by the developer and serve until the first annual meeting following the Deed of Dedication recordation; thereafter, the Board of Directors shall be elected by the membership at the annual meeting of members or at a special meeting called for that purpose, as provided by law. E. The Corporation may be dissolved with the assent of more than two-thirds (2/3) of the votes entitled to be cast by members present at a meeting. Upon dissolution of the Corporation, other than incident to a merger or a consolidation, the assets of the Corporation shall be dedicated to an appropriate public agency to be used for purposes similar to those for which the Corporation was created, or for the general welfare of the residents of the County of Frederick, Virginia. In the event that such dedication is refused acceptance, such assets shall be granted, conveyed and assigned to any non-profit corporation, association, trust or other organization to be devoted to similar purposes. F. In any proceeding brought in -the right of the Corporation or brought by or on behalf of members of the Corporation, the damages assessed against an officer or director arising out of 2 a single transaction, occurrence or course of conduct shall not exceed One Hundred Dollars ($100.00) IN WIITNESS WHEREOF, the undersigned, being the incorporator, does hereby further certify that the facts hereinabove stated are truly set forth and, accordingly, has hereunto set his/her respective hand and seal this 6th day of September, 1996. r Br 1 Inco rator corp\art.inc\----- \bmb:dhc 3 BYLAWS OF STARFORT PROPERTY OWNERS ASSOCIATION, INC. ARTICLE I DEFINITIONS Section 1. "Association" shall mean and refer to Star Fort Property Owners Association, Inc. (SFPOA"), a nonstock Virginia Corporation, its successors and assigns. The principal purpose of the SFPOA shall be the imposition of a mandatory assessment upon owners of developed lots to as in funding the operation and maintenance of Star Fort located adjacent thereto as a park and educational site opened to the public. Such SFPOA may have such other purpose, functions and duties with regard to the property as the Declarants shall determine. Section 2. "Properties" shall mean and refer to that certain real property hereinabove described as Star Fort, containing 8.9 Acres and a jogging trail ("the Common Areas") and such additions thereto as may hereafter be brought within the jurisdiction of the Association. Section 3. "Lot" shall mean and refer to any of the lots designated upon the plat of Star Fort, Section I, with the exception of the Common Areas. Section 4. "Member" shall mean and refer to every person or entity who holds membership in the Association. Section 5. "Owner" shall mean and refer to the record owner, whether one or more persons or, entities, of a fee simple title to any Lot which is a part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. Section 6. "Declarants" shall mean and refer to Seldon, Inc., Richard G. Hardison, Inc., and Richard & Byron, Inc. ARTICLE II LOCAT ION 7- Section 1. The principal office of the Association shall be located at the Declarents place of business, Starfort Subdivision or such other location as shall be agreed upon by the Directors. ARTICLE III MEMBERSHIP Section 1. The Deeds of Dedication of Starfort Subdivision, of record, or to be recorded, in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, together with any amendments thereof which are duly recorded in said Clerk's Office, are herein referred to and by this reference set out hae in verb Section 2. The rights of membership are subject to the payment of annual and special assessments levied by the Association, the obligation of which assessments is imposed against each owner of and becomes a lien upon the property against which such assessments are made as provided by the 2 appropriate ARTICLE addressing the subject in the aforesaid Deeds of Dedication and which have been made a part hereof as stated above. Section 3. The membership rights of any person whose interest in any of the Lots is subject to the assessment under the aforesaid Deeds of Dedication, are personally obligated to pay such assessment, whether or not he be personally obligated to pay such assessments, may be suspended by action of the Directors during the period when the assessments remain unpaid; but, upon payment of such assessments, his rights and privileges shall be automatically restored. Section 4. Every person or entity who is a record owner of a fee or undivided: interest in any Lot which is subject by covenants of record to assessments by the Association, including contract sellers, shall be a member of the Association. The foregoing is not intended to include persons or entities who hold an interest merely as.security for the performance of an obligation. One Membership per Lot. Membership shall be appurtenant to and may not.be separated from ownership of any Lot which is subject to assessment by the Association. Ownership of such Lot shall be the sole qualification for Membership. ARTICLE IV VOTING RIGHTS Section 1. The Deeds of Dedication herein referred to are by this reference set out haec_ in v r Section 2. The rights of membership are subject to the payment of annual and special assessments levied by the 3 Association, the obligation..of which assessments is imposed against each owner of and becomes a lien upon the property against which such assessments are made as provided in the aforesaid Deeds of Dedication and by this reference set out haec. in verba. Section 3. The membership rights of any person whose interest in any of the Lots. is subject to assessments under the aforesaid Deeds of Dedication, whether or not he be personally obligated to pay such assessments, may be suspended by action of the Directors during the period when the assessments remain unpaid; but, upon payment of such assessments, his rights and privileges shall be automatically restored. The association shall have one class of voting membership. Each Member shall be entitled to one vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be 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. ARTICLE V BOARD OF DIRECTORS Section 1. Directors shall be elected at the annual meeting of shareholders or, at a special meeting called for that purpose as provided by law, by a plurality of the votes cast at such election. Directors shall serve until the date herein fixed for the next annual meeting of shareholders and until the election of their respective successors. Directors need not be Members. There shall be a minimum of three (3) directors and a maximum of nine (9) directors. The directors shall be paid a director's fee as determined by the Membership at the annual Membership meeting provided in ARTICLE X. Section 2. At the first annual meeting, the Members shall elect at least two (2) directors for a term of one (1) year and at least one (1) director for a term of two (2) years, and at each annual meeting thereafter the Members shall elect two (2) directors for a term of two (2) years. It is the intent of the membership hereby to have staggered elections for at least one-half of the directors constituting the Board of Directors of the Association. ARTICLE VI ELECTION OF DIRECTORS: NOMINATION COMMITTEE, ELECTION COMMITTEE Section 1. Election to the board of Directors shall be by written ballot as hereinafter provided. At such election, the members or their proxies may cast, in respect.of each vacancy, as. many votes as they are entitled to exercise under the provisions of the recorded covenants applicable to the Properties. The names receiving the largest number of votes shall be elected. Section 2. Nominations for election to the board of Directors shall be made by a Nominations Committee which shall be one of the Standing Committees of the Association. Section 3. The Nominations Committee shall consist of a Chairman, who shall be a member of the Board of Directors, and two (2) or more Members of -the Association. The Nominations Committee shall be appointed by the Board of Directors prior to. 5 each annual meeting of the Members to serve from the close of such annual meeting until the close of the next annual meeting and such appointment shall be announced at each such annual meeting. Section 4. The Nominations Committee shall make as many nominations for election to the Board of Directors as it shall in its discretion determine, but not less than the number of vacancies that are to be filled. Such nominations may be made from among Members or nonmembers, as the Committee in its discretion shall determine. Nominations shall be placed on a written ballot as provided in SECTION 5 and shall be made in advance of the time fixed in SECTION 5 for the mailing of such ballots to Members. Section 5. All elections to the Board of Directors shall be made on written ballot which shall: (a) described the vacancies to be filled; (b) set forth the names of those nominated by the Nominating Committee for such vacancies; and (c) contain a space for a write-in vote by the Members for each vacancy. Such ballots shall be prepared and mailed by the secretary to the Members at least ten (10) days in advance of the date set forth therein for a return (which shall be a date not later than the day before the annual meeting or special meeting called for elections). Section 6. Each Member shall receive as many ballots as he has votes. Notwithstanding that a Member may be entitled to several votes, he shall exercise on any ballot only one vote for each vacancy shown thereon. The completed ballots shall be 0 returned as follows: Each ballot shall be placed in a sealed envelope marked "Ballot"" but not marked in any other way. Each such "Ballot" envelope shall contain only one ballot, and the Members shall be advised that, because of the verification procedures of SECTION 7, the inclusion of more than one ballot in any "Ballot" envelope shall disqualify the return. Such "Ballot" envelope, or envelopes (if the Member or his proxy is exercising more than one vote), shall be placed in another sealed envelope which shall bear on its face the name and signature of the Member or his proxy, the number of ballots being returned, and such other information as the Board of Directors may determine will serve to establish his right to cast the vote or votes presented in the ballot or ballots contained therein. The ballots shall be returned to the secretary at such address as determined by the Board of Directors. Section 7. Upon receipt of each return, the secretary shall immediately place it;in a safe or other locked place until the day set for the annual or other special meeting at which the elections are to be held. On that day, the external envelopes containing the "Ballot" envelopes shall be turned over, unopened, to an Election Committee which shall consist of five (5) Members appointed by the board of Directors. The Election Committee shall then adopt a procedure which shall: (a) Establish that the number of envelopes marked "Ballot" corresponds to the number of votes allowed to the Member or his proxy 7 identified on the outside envelope containing them; (b) That the signature of the Member or his proxy on the outside envelope is genuine; and, (c) If the vote ds by proxy, that a proxy has been filed with the secretary as provided in ARTICLE XI, SECTION 2, of these Bylaws, and that such proxy is valid. Such procedure shall be taken in such manner that the vote of any Member or his proxy shall not be disclosed to anyone even the Election Committee. The outside envelope shall thereupon be placed in a safe or other locked place and the Election Committee shall proceed to the opening of the "Ballot" envelopes and the counting of the votes. If any "Ballot" envelope is found to contain more than one ballot, all such ballots shall be disqualified and shall not be counted. Immediately after the announcement of the results, unless a review of the procedure is demanded by the Members present, the ballots and the outside envelopes shall be destroyed. ARTICLE VII power: POWERS AND DUTIES OF THE BOARD OF DIRECTORS Section 1. The Board of Directors shall have the (a) To call special meetings of the Members whenever it deems necessary and it shall call a meeting at any time upon written request of one-fourth (1/4) of the voting Membership, as provided in ARTICLE X, SECTION 2, of these Bylaws. (b) To appoint and remove at pleasure all officers, agents and employees of the Association, prescribe their duties, fix their compensation, and require of them such security or fidelity bond as it may deem expedient. Nothing contained in these Bylaws shall be construed to prohibit the employment of any Member, officer or director of the Association in any capacity whatsoever. (c) To establish, levy and assess, and collect the assessments of charges referred to in ARTICLE III, SECTION 2, of these Bylaws. (d) To adopt and publish rules and regulations governing the use of the common properties and facilities and the personal conduct of the Members and their guests thereon. (e) To exercise for the association all powers, duties and authority vested in or delegated to this Association, except those 9 reserved to the meeting or to Members in the covenants. (f) In the event that any member of the Board of Directors of this Association shall be absent from three (3) consecutive regular meetings of the Board of Directors, the Board may by action taken at the meeting during which said third absence occurs, declare the office of said absent Director to be vacant. Section 2. It shall be the duty of the Board of Directors: (a) To cause to be kept a complete record of all its acts and corporate affairs and to present a statement thereof to the Members at the annual meeting of the Members or at any special meeting when such is requested in writing by one-fourth (1/4) of the voting Membership, as provided in ARTICLE X, SECTION 2, of these Bylaws. (b) To supervise all officers, agents and employees of this Association, and to see that their duties are properly performed. (c) As more fully provided in the Deeds of Dedication applicable to the Properties: (1) To fix the amount of the assessment against each Lot for each 10 assessment period at least thirty (30) days in advance of such date or period and, at the same time; (2) To prepare a roster of the Properties and assessment applicable thereto which shall be kept in the office of the Association and shall be open to. inspection by any Member, and, at the same time; (3) To send written notice of each assessment to every Owner subject thereto. (d) To issue, or to cause an appropriate officer to issue, upon demand by any person a certificate setting forth whether any assessment has been paid. Such certificate shall be conclusive evidence of any assessment therein stated to have been paid. ARTICLE VIII DIRECTORS MEETINGS Section 1. A regular meeting of the Board of Directors shall be held at least once a year on the third Monday of January at 7:30 p.m. provided that the Board of Directors may, by resolution, change the day and hour of holding such regular annual meeting. Section 2. Notice of such regular meeting is hereby dispensed with. If the day for the regular meeting shall fall 11 upon a.holiday, the meeting shall be held at the same hour on the first day following which is not a holiday, and no notice thereof need be given. Section 3. Special meetings of the Board of Directors shall be held when called by any officer of the Association or by any two directors after not less than three (3) days' notice to each director. Section 4. The transaction of any business at any meeting of the Board of Directors, however called and -noticed, or wherever held, shall be as valid as though made at a meeting duly held after regular call and notice if a quorum is present and, if either before or after the meeting, each of the directors not present signs a written waiver of notice, or a consent to the holding of such meeting, or an approval of the minutes thereof. All such waivers, consents or approvals shall be filed with the corporate records and made part of the minutes.of the meeting. Section 5. The majority of the Board of Directors shall constitute a quorum thereof. ARTICLE IX OFFICERS Section 1. The officers shall be a president, a vice president, a secretary and a treasurer. The president shall be a member of the Board of Directors. Section 2. The officers shall be chosen by majority vote of the directors. Section 3. All officers shall hold office at the pleasure of the Board of Directors. 12 Section 4. The president shall preside at all meetings of the Board of Directors, shall see that orders and resolutions of the board of Directors are carried out and.sign all notes, checks, leases, mortgages, deeds and all other written instruments. Section 5. The vice president shall perform all the duties of the president in his absence. Section 6. The secretary shall be ex officio the secretary of the Board of Directors, shall record the votes and keep the minutes of all proceedings in a book to be kept for the purpose. He shall sign all certificates of membership. He shall keep the records of the association. He shall record in a book kept for that purpose the names of all Members of the Association together with their addresses as registered by such Members. Section 7. The treasurer shall receive and deposit in appropriate bank accounts all monies of the Association and shall disburse such funds as directed by resolution of the Board of Directors, provided however, that a resolution of the Board of Directors shall not be necessary for disbursements made in the ordinary course of business conducted within the limits of a budget adopted by the Board. The treasurer shall sign all checks and notes of the Association, provided that such checks and notes shall be also signed by the president or the vice president. Section 8. The treasurer shall keep proper books of account and cause a review of the association books to be made by the Audit Committee at the completion of each fiscal year. He shall prepare an annual budget and an annual balance sheet 13 statement and the budget and balance sheet statement shall be presented to the Membership at its regular annual meeting. ARTICLE X MEETINGS OF MEMBERS Section 1. The regular annual meeting of the Members shall be held on the third Monday of the month of January in each year, at the hour of seven o'clock (7:00)p.m. If the day for the annual meeting of the Members shall fall upon a holiday, the meeting will be held at the same hour on the first day following which is not a holiday. In addition to the election of directors and setting of directors' fees, the Membership shall conduct such other business allowed by law. Section 2. Special meetings of the Members for any purpose may be called at any time by the president, the vice president, the secretary or treasurer, or by any two or more members of the Board of Directors, or upon written request of the Members who have a right to vote one-fourth (1/4) of all of the votes of the entire Membership. Section 3. Notice of any meeting shall be given to the Members by the secretary. Notice may be given to the Member either personally, or by sending a copy of the notice through the mail, postage thereon fully prepaid to his address appearing on the books of the corporation. Each Member shall register his address with the secretary, and notices of meetings shall be mailed to him at such address. Notice of any meeting, regular or special, shall be mailed at least 15 days in advance of the meeting and shall set forth in general the nature of the business 14 to be transacted, providedhowever, that if the business of any meeting shall involve an election governed by ARTICLE VI of these Bylaws or any action governed by the Articles of Incorporation or by the Covenants applicable to the Properties, notice of such meeting shall be given or sent as therein provided. Section 4. The presence at the meeting of Members entitled to cast, or of proxies entitled to cast, thirty-three percent (330) of all votes:shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called, subject to the notice requirement set forth in these Bylaws and the Deeds of Dedication and the required quorum at any such subsequent meeting shall be sixteen percent (160). No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. Any action governed by the Articles of Incorporation or by the Covenants applicable to the properties shall require a quorum as herein provided. ARTICLE XI PROXIES Section 1. At all corporate meetings of Members, each Member may vote in person or by proxy. Section 2. All proxies shall be in writing and filed with the secretary. No proxy shall extend beyond a period of eleven (11) months, and every proxy shall automatically cease upon sale by the Member of his home or other interest in the Properties. 15 ARTICLE XII Section 1. The books, records and papers of the Association shall at all times, during reasonable business hours, be subject to the inspection of any Member. ARTICLE XIII CORPORATE SEAL Section 1. The Association shall have a seal in circular form having within its circumference the words: STARFORT PROPERTY OWNERS ASSOCIATION, INC. ARTICLE XIV AMENDMENTS Section 1. These Bylaws may be amended, at a regular or special meeting of the Members, by a vote of a majority of a quorum of Members present in person or by proxy, provided that those provisions of these Bylaws which are governed by the articles of Incorporation of this Association may not be amended except as provided in the articles of Incorporation or applicable law; and provided further.that any matter stated herein to be or which is in fact governed by the Deeds of Dedication applicable to the Properties may not .be amended except as provided in such Deeds of Dedication. Section 2. In the case of any conflict between the Articles of Incorporation and these Bylaws, the Articles shall control; and in the case of any conflict between the Deeds of Dedication applicable to the Properties referred to herein and these Bylaws, the Deeds of Dedication shall control. 16 IN WITNESS WHEREOF, we, being all of the Directors of STARFORT PROPERTY OWNERS ASSOCIATION, hands this day o INC., have hereunto set our (SEAL) (SEAL) CARLIN L. SMI (SEAL) RICHARD d. HARDISON 17 STATE OF VIRGINIA, GG T' ITY OF TO -WIT: ,I� / i` The foregoing was acknowledged before me this day of February, 1997 by Carlin L. Smith, President of Seldon, Inc., a Virginia Corporation My Commission expires ��_36"Jqb-b Oid4 A-D _Q ro A A NOTARY P LIC STATE OF VIRGINIA, Z/CITY OF TO -WIT: The foregoing was acknowledged before me this o� $ day of February, 1997 by Richard G. Hardison, President of Richard G. Hardison, Inc., a Virginia Corporation My Commission expires b-30'0;oD b &"fy) NOTARY PbtLIC STATE OF VIRGINIA, CAUN--T*/CITY OF Wg ck,,.�,TO-WIT: The foregoing was acknowledged before me this �day of Fes, 1997 by Byron A. Brill, President of Richard & Byron, Inc., a Virginia Corporation My Commission expires a4�4_1� ��c �k NOTARY P413LIC STATE OF VIRGINIA, C-9�Y/CITY OF t�)/irWer, TO -WIT: The foregoing was acknowledged before me this IkYh day of V)?krc% Fe 1997 by Stephen G. Butler, Trustee. My Commission expires'1,31�� NOTARY PU8 tnnttm ssWrot as Wwde tin HowdwOtA STATE OF VIRGINIA, C-G}UNTY/CITY OF The foregoing was acknowledged before me this day of 9eWta7, 1997 by Carlin L. Smith, Executor of the Estate of Lester A. Elliott, deceased, Beneficiary. My Commission expires NOTARY PIMLIC — STATE OF VIRGINIA, Cam"` rY /CITY OF W TO -WIT: The foregoing was acknowledged before me this eday of NOXCK Fobpaary, 1997 by Don Adams, Lot Owner. My Commission expires (v'-30 -aim eu�0C_ NOTARY P LIC STATE OF VIRGINIA, COUNTY/CITY OF , TO -WIT: The foregoing was acknowledged before me this day of February, 1997 by Joyce C. Adams, Lot Owner. My Commission expires NOTARY PUBLIC STATE OF VIRGINIA, C-$b'�ffY/CITY OF O-WIT: The foregoing was acknowledged before me this ftwT day of �1997 by Strother Adams, Inc., Lot Owner. My Commission expires - 3'P= 4Kq NOTARY P C STATE OF VIRGINIA, /CITY OF TO -WIT: ,,,✓✓ The foregoing was acknowledged before me this � day of 9, 1997 by Larry G. Lafollette, Lot Owner. _ My Commission expires L NOTARY P LIC STATE OF VIRGINIA, G8UNT-Y/CITY OF lG' 0,-E/r,C , TO -WIT: The foregoing was acknowledged before me this /3/-ii day of nick- 1997 by Jennifer M. Lafollette, Lot Owner. My Commission expires kl� NOTARY PUESSOWaA Mtophy Comnowloned as Brands R. "v0d * n WITNESS the following signatures and seals: `''x.�zc•-SEAL) JOYC% C. ADAMS, Lot Owner STATE OF VIRGINIA, OUN_Y,/CITY OF � ����� , TO -WIT: The foregoing was acknowledged before me this ; -day of March, 1997, by Joyce C. Adams, Lot Owner. My Commission expires: Corgi s► Zia 14 31,1 NOTARY PUBLIC r STATE CORPORATION COMMISSION 'Aa Octaben 3, 1996 ,%�� i,� ��ie cw��icrzle STAREORT PROPERTY OWNERS ASSOCIATION, INC. /0all Fm ell I 1903 Octobers 3, 1996