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HomeMy WebLinkAbout08-04 The Townes at Mosby Station 18 Townhouses - Shawnee - Backfile (2)? ♦ • . MASTER DEVELOPMENT PLAN TRACKING SHEET (Note: The application does not need to be complete to be accepted but will not be scheduled for the PC or BOS until all items have been received.) Submission Package Comment sheets from the following agencies along with any marked copies of the plan: VDOT "/ County Engineer Fire Marshal City of Winchester Sanitation Authority GIS (Mapping) Inspections Dept. Parks & Recreation Health Department One copy of the master development plan application. Winchester Regional Airport --' Appropriate number of blueprint plans, colored maps, etc. to cover the PC and BOS meetings. Date � 10 Submission Fee TRACKING Application received Fee Paid (amount: $ �`�"� 6•-� ) Preliminary MDP heard by Planning Commis ion - Action taken: A�r�- Preliminary MDP heard by Board of Supervisors - Action taken: ag&n�ec V f Letter to applicant regarding Board action and revisions (if required). Final MDP submitted with review agency, PC and BOS comments addressed. Final MDP signed by County Administrator and Planning Director (send two copies to applicant). Administratively approved; letter sent to applicant. • DATE: % R 0 File opened. (% Reference Manual updated/number assigned. t D-base updated. 6 a 0 List of adjoiners given to staff member for verification. One black & white location map requested from Mapping & Graphics. Four sets of labels requested from Data Processing. File given to Renee' to update Application Action Summary. CLOSE OUT FILE: l 0 �/Oy Approval (or denial) letter mailed to applicant (*Note: Be sure Joe Wilder in Public works and Jane Anderson in Real Estate receive a copy of the administrative approval letter. Jane wants a copy of the final action letter even if the application was denied or withdrawn.) File stamped "approved"/"denied" or "withdrawn." Reference Manual updated. D-base updated. File given to Renee' for final update to Application Action Summary. File in file drawer. U \CuoHCommon\Tracking sheets\TRACKING.MDP Rev 0101/07 CASH 003974- RECEIPT Received From 1` . p. Lj� Cj i �� ST IYl(}C Ck Ct t Address o -�• ,, i - �Ui�`( Gn l � tJ,'i `4tivC� �u� `i p1M.� J liars $ r For �Ct 5" ! �� ? ' m u s t ACCOUNT HOW PAID AMT CASH PPP a ACCOUNT T AMT. PAID CHECK w_ BALANCE MONEY ORDER Cl By ~ DUE CREDIT CARD El \A m� j . ^� co �\ ^ N �Z) �� �C \ � ov 37 co RW 1855 ^cv m 75M A 104F ERICA HOUSE THREE, INC 75M 2 B 8A JASBO, INC UcT/O4/ ,\ 75 L 3 2 25A AUTUMN GLEN HOA 75 A 104C TRUSTEES OF THE GREENWAY BAPTIST CH MDP#08-04 The Townes at Mosby Station PIN: 75M-2-B-8A 0 60 F . Ls A 1 HOU 7q •L 3 - utnn Gte 7S1 3 rw Autumn Glen t�OXi"e i COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC MEETING August 18, 2004 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNERS(S)' RE: MASTER DEVELOPMENT PLAN #08-04 OF THE TOWNES AT MOSBY STATION On behalf of the Frederick County Planning Commission, you are hereby notified of a public meeting being held on Wednesday, September 1, 2004 at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia. This meeting.is to consider Master Development Plan 408-04 of The Townes at Mosby Station, submitted by William H. Gordon Associates, Inc., for 17 townhouses. The property is located on the north side of Tasker Road (Route 642), 1,300 feet east of the intersection of Tasker Road and Aylor Road, and is identified with Property Identification Number 75M-2-B-8A, in the Shawnee Magisterial District. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Information regarding this application will also be available via the Planning Department's Web Page at www.co.frederick.va.us. Information regarding this application will also be available via the Planning Department's Web Page at www.co.frederick.va.us. ERL/bad Director AICP 107 North Kent Street • Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning & Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 E C V AUG 2 6 2004 fRECOUNTY I PLANNINGNG 9 n j1r,rri ^�•,._,,,T 75 - A- - 104•C TRUSTEES OF THE GREENWAY BAPTIST CH 275 DOUBLE TOLL GATE RD SSTEPHENS CITY, VA 22655 NIXIE 3017 1 21 08/25/04 RETURN •f0 SENDER NO SUCH STREET UNALIL" : T L1 1='13�:tNrlftU RETURN TO SENDER Ili,,,,},ii:l l:il„:ii;„4i;,,iill! i,l,,,il:,i • FRE K�COUNTY OPM COUNTY of FREDERICK December 20, 2004 Mr. Claus S. Bader, P.E. William H. Gordon & Associates, Inc. 24 West Piccadilly Street, Suite A Winchester, Virginia 22601 RE: Subdivision Plan Comments - The Townes at Mosby Station Frederick County, Virginia Dear Claus: Department of Public Works 540/ 665-5643 FAX: 540/ 678-0682 Upon review of the revised subdivision plan dated December 8, 2004, all of our previous comments have been addressed. Therefore, we recommend approval of the revised subdivision plan. Sincerely, Joe C. Wilder Deputy Director JCW/rls cc: Mark R. Cheran, Zoning and Subdivision Administrator file A Atownesatmosbyrevcom.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning & Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 75 A• 104 C TRUSTEES OF THE GREENWAY BAPTIST CH N 275 DOUBLE TOLL GATE RD STEPHENS CITY, VA 22655 NIXIE 2�54 1 21 06/25/04 RETURN TO SENDER NO SUCH STREET rJNHBLE TO t L�Ftr!Ait�` RETURN TO SENDER ,itill ,4 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC MEETING , 2004 FHELECKCOUNTY PLANNING & DEVEL C MENT June 23, 2004 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: MASTER DEVELOPMENT PLAN #08-04 OF THE TOWNES AT MOSBY STATION On behalf of the Frederick County Planning Commission, you are hereby notified of a public meeting being held on Wednesday, July 7, 2004 at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia. This meeting is to consider Master Development Plan #08-04 of The Townes at Mosby Station, submitted by William H. Gordon Associates, Inc., for 18 townhouses. The property is located on the north side of Tasker Road (Route 642),1,300 feet east of the intersection of Tasker Road and Aylor Road, and is identified with Property Identification Number 75M-2-B-8A, in the Opequon Magisterial District. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Information regarding this application will also be available via the Planning Department's Web Page at www.co.frederick.va.us. Information regarding this application will also be available via the Planning Department's Web Page at www.co.frederick.va.us. Sincerely, Jeremy F. Camp Planner II JFC/bad 107 North Kent Street - Winchester, Virginia 22601-5000 William H. Gordon Ass To To:Department of Plan ing Attn: Jeremy Camp 107 North Kent Street Winchester, VA 22601 24 West Piccadilly Street Suite A _ Winchester, Virginia 22601 EC Phone: (540) 542-1737 LC l%j Fax: (540) 542-1923 NTY Date August 9, 2004 DEVELOPMENT Shipped Via Courier Plan Name Towns at Mosby Station Project No. 2112-0101/Task No. Subject Revised Master Plan From Claus Bader ❑County No./❑Town No. We are sending you ® Print(s) ❑ Correspondence(s) ❑Electronic Media ❑ Originals ®Submission ❑ 1s' ®2Dd ❑ 3rd ❑ Other Copies Date Description 47 8/4/04 Revised Master Plans 1 7/15/2004 Fire Marshal Comment Sheet 1 8/4/04 VDOT Comment Sheet 1 8/8/04 Comment Response Memo These are transmitted U For your use U As requested � For approval ❑ For review and comment ❑Other Comments To be placed on the September 1, 2004 Planning Commission Agenda. Please call if you have any questions or require any additional information. INTERNAL PLAN PROCESSING USE ONLY Project Name Description Notes: Signature of Receipt Date cc: D..--13 Engineers • Surveyors • Land Planners • Landscape Architects _ 24 W. Piccadilly Street. Im ((`� j� �j] Suite A Alk Rr) Winchester, VA 22061 William H. Gordon Associates, Inc.` 540-542-1737 � I (fax) 540-542-1923923 August 6, 2004 County of Frederick Department of Planning and Development Attn: Mr. Jeremy F. Camp — Planner II 107 North Kent Street Winchester, VA 22601-5000 FREDERICK COUNTY ANING & DEVELOPMENT RE: The Townes at Mosby Station MDP #08-04 Dear Mr. Camp: The following is our response to your comment letter, dated August 4, 2004. Comment 1 — Adjoining Parcel Ownership: Please change the reference to the owner of parcel 75-A-104C. The current plan indicates that the owner of this parcel has changed to Greenwood Baptist Church. Consequently, as site plan for a church has been submitted to the County for this property. Response: The owner reference has been changed as requested. Comment 2 — Privacy Fence: Please label the proposed six foot privacy fence as a six foot tall opaque board -on -board fence in the typical residential separation buffer detail and the MDP illustration. Response: The labeling for the privacy fence has been changed to "6' opaque board - on -board fence" on both the plan and the buffer detail. Comment 3- Sidewalks to Recreational Area. Please show a sidewalk to the proposed recreational area in the northeastern corner of the property as well. Response: A sidewalk has been added as requested. Comment 4- Bike Trail. Please specify that the proposed bike trail shall consist of an asphalt surface material. Response: The bike trail is now shown as asphalt. Engineers • Surveyors • Land Planners 9 Landscape Architects County of Frederick Department of Planning & Development Attn: Jeremy F. Camp — Planner II August 6, 2004 Page 2 Comment 5 — Owner's Signature: Please ensure that the property owner signs all copies of any future plan submission or correspondence. Response: The property owner has signed the plan. Comment 6 — Revision Dates: Please note all future revision dates on the plan. Response: Revision date is correctly shown. Comment 7 — Agency Comments: Please provide revised agency comments from VDOT and the Fire Marshal. Response: Revised agency comments are included as requested. Should you have any questions in regard to the above, please feel free to contact me. Sincerely, Willorn W.. )G&don Associates, Inc. Claus S. Bader, P.E. Director of Engineering Winchester Office CSB: sm AMB Builders, LLC Bryan Martin Manager AUG 9 2004 i Engineers • Surveyors • Land Planners • Landisca ¢ZCK o q -= G w z P. VIRGINIA` Control number S D04-0015 Project Name The Townes at Mosby Station Address 24 W.Piccadilly Street Suite A Type Application Subdivision Current Zoning RP Automatic Sprinkler System No Other recommendation Emergency Vehicle Access Adequate Siamese Location Not Identified Frederick County Fire and Rescue Department Office of the Fire Marshal Plan Review and Comments Date received Date reviewed Date Revised 7/13/2004 7/15/2004 Applicant William H. Gordon Associates City State Zip Applicant Phone Winchester VA 22601 540-542-1737 Tax ID Number Fire District 75M-2-B-8A 11 Recommendations Automatic Fire Alarm System No Requirements Hydrant Location Adequate Roadway/Aisleway Width Adequate Rescue District 11 Election District Opequon Residential Sprinkler System Yes Fire Lane Required Yes Special Hazards No Emergency Vehicle Access Comments Fire lane signs and markings are required at all fire hydrants, fire department connections and all normal and emergency access points to the structure(s). Access Comments Fire hydrants shall be set within three feet of the curb. DEC E Additional Comments AUG 9 2004 Water supplies for firefighting shall be in place prior to building construction. PLANNIK UN NG $IC EV- 0 ETY NT Plan Approval Recommended Reviewed By Signature �` • Yes Timothy L. Welsh Title PLANS �N f :� per tti x -. :# r Ph e-n" deht, G In 7-c Jul 30 04 11:45a RECEIVED �"�Q40 p.2 Plan A Req,utest for Master Develo ment Plan Comments Virginia Department of Transportation Mail to* Virginia Department of Transportation Attn: Resident Engineer 14031 Old Valley Pike Edinburg, Virginia 22824 1540) 984-5600 Hand deliver to: Virginia Department of Transportation 2275 Northwestern Pike Winchester, VA 22603 (540) 535-1818 please fill out the information as accurately as possible in order to assist the Virginia Department of Transportation with their review- Please attach three (3) copies of the NMP with the sheet. Applicant's Name: Claus Bader P _ E. A n fo Inc . Address: William H. Gordon Associates, Winchester, VA 22601 24 W. Piccadillystreet, suite A, Phone Number: 540-542-1737 Name of development and/or description of the request: The A 2.53 acres_ North side of Tasker Road, 1,300 feet East of the intersection Location of property: of Tasker Road and A to R d V a Deppartment of Transportation's Comments: The iminary fiaster plan for this property a pears t750T facility w' e property. Before makin an fin I e e set of ra is ow data from the I.T.E. Trin Genera for review. VDOT r L rig -o -way needs, including right of wa�i�uas� and off -site roadw r o construction on the State's need to apply to this office f r sai wor . To To:Department of Planning & Development Attn: Jeremy Camp 107 North Kent Street Winchester, VA 22601 ❑County No./❑Town No. 24 West Piccadilly Street Suite A Winchester, Virginia 22601 M4 Phone: (540) 542-1737 Fax: (540) 542-1923 Date July 28, 2004 Shipped Via Courier Plan Name Towns at Mosby Station Project No. 2112-0101/Task No. Subject Master Plans From Claus Bader We are sending you ® Print(s) ❑ Correspondence(s) ❑Electronic Media ❑ Originals ® Submission ❑ 1' ❑ 2"d ❑ 3rd ❑ Other Copies Date Description 3 1-12-04 Master Plans These are transmitted ❑ For your use ❑ As requested ® For approval ❑ For review and comment [—]Other Comments INTERNAL PLAN PROCESSING USE ONLY Project Name Description Notes: Signature of Receipt Date cc: DocumW3 Engineers 9 Surveyors • Land Planners • Landscape Architects N W S E REQUESTING AGENT: DEPT. OF GEOGRAPHIC INF0RMATI0N SYSTEMS FREDERICK COUNTY, VIRGINIA GIS, MAPPING, GRAPHICS WORKREQUEST DATE RECEIVED: X, Zo REQUESTED COMPLETION DATE: co Department, Agency, or Company:_ Mailing and/or Billing Address: Telephone: E-mail Address: ESTIMATED COST OF PROJECT: �� DESCRIPTION OF REQUEST: (Write additional information on back of request) r75111 - d a- 8 DIGITAL: SIZES: COLOR: PAPER: FAX: E-MAIL: BLACKIWHITE: STAFF MEMBER: COMPLETION DATE: MATERIALS: DATE OF PICK-UP/DELIVERY: AMOUNT DUE: AMOUNT BILLED: METHOD OF PAYMENT: NUMBER OF COPIES: HOURS REQUIRED: CHECK NO.# Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-5651) 61'890PG0475 Ope c t i FINAL PLAT n Magisterial District Frederick! County, Virginia R Rt. a4 Project OMapAres � Vicinity !�erlck County Sanitation Authority ate -ping Commission AM Date division Administrator Date I Dept. of Transportation Date 0WNER'S CERTIFICATE The above and foregoing subdivision of the land of JASBO, Inc., as appears in e accompanying plats. is with the free consent and in accordance with the desires `Jthesvt}oersiW owners, proprietors, and trustees, if any. Date Date NOTARY PUBLIC 'a• 4 • (rah k1a , a Notary Public in and for the Stale of Virginia, at large, do certify 2 Q whose names are signed to the �inig Owners Certificate, have acknowledged the some before me in my state. Given under my hand this a3 day of Jo4Nu-s.1 ti 199& My commission expires 3% 2 0 oo SURVEYOR'S CERTIFICATE y certify that the land contained in this subdivision is a portion of the land conveyed 3. Inc. by deed dated December 16, 1986 as recorded in the Office of the Clerk of the Court of Frederick County, Virginia in Deed Book 634 at page 499. D1285 170. P. Duane Brown, LS. ,,The property represented herein is shown on Frederick County Tax Map 75((A)) as Parcel 104A. ''DATE: January 6, 1998COVER SHEET FIL.EP "3120pltsdwg" g6bert w. difford & aeaociata% Ina ENGINEERS - LAND PLANNERS - SURVEYORSSHEET �� 22401 Vb1h n 280 OF (so) aw2m (y�o�) 081-2139 5 0 EXISTING ZONING. - RP EXISTING USE - VA CAN T Area Summary Area in Lots Z7915 Acres Area in R/W 0.J801 Acres Reserved Area 2.5202 Acres TOTAL AREA SUBDIVIDED 5.6918 Acres Number of Lots 8 Average Lot Size 15,200 Sq. Ft. The Frederick County Inspections Deportment will require Detailed Site Plans for tots 7 & 8. CURVE TABLE CURVE RADIUS LENGTH TANGENT CHORD BEARING DELTA 1 795.00' 41806' 213.99' 413.26' I VJj2458-Wj 30277'48' 2 1040.00 65.48 32375 65.4 N33:31 18'W 03'36 28 .Tg OF A C r� r' DUANE 3ROM �. 1285 1. + SURVO M(Mby Oken-01M RH seeflum 3 DATE: January 6, 199B CURVE TABLE FILE#: "3120plts.dwg" gilbert rr. dlfford & oasociates. Inr- SHEET ENGINEERS — LAND PLANNERS — SURVEYORS 2 t3o—C Olds QMt ld, Drive 2DD Nora, carnerm Strsst OF Fnx t� 22401 ttlnctn�. Vkgtda 220M 5 (50) sal-2137 rr 'DONIA CHURCH ROAD — VARIABLE R/W STATE ROUTE 642 , Ex PROPERTY UNE (C/L 30' PRESCRIP71 VE EA5�1lENT) S6845'447_ 564.00 25.54" 25' R/W HEREBY DEDICATED 82.86' 80. DO' .67 850 h h 15, 01.3 SF = Rp r 15, 57J _W o • + o N q� 15,200 SF °j 15,200 SF fFFICj 100' DISTANCE UM/TS 1 p. ENCI, , d 2 s (�\s� sqN S�,'�rE �I N¢8' jM 'ER B n in UJ --10 80.00^ 80.00, N68 45 44 W 45724' O� -4/ Eq .. ........ - ..... �,LQCeQ 83y ` �� Nil �A.�,,L �25' RESERVED % Y'C77vE EA V4, �' of 0 2.5 2 ACRES DISTANCE BUFFER MA Y BE REDUCED I�►; � 4� '1TN FULL SCREEN AS PER FREDER/CK iT U, a CODE CHAPTER 165,'SECAON 165-.i6. /�r SEE SHEET 5 OF 5 1CTURES ARE PERMITTED SEE SHEET 2 OF 5 MINi .IJM FRONT-- 35'UIREMENTS DESIGNATED ROAD FOR CURVE TABLE. LIDE = 10' :'LNCY BUFFER AREA REAR = 25' All lots are single—family detached traditional. All lots are subject to a 20' Slope & Drainage Easement and a 15' Utility Easement along all rights —of —way and a i-k�'�g OjP yf 10' Utility and Drainage Easement along all property lines. P. DUANE M(la ly O t dom a Ledk®im B JBROWND- FILEJ:DATE: January 6. 1998 SCALE: 1"= 60 '3120p1ts.dwg" glbert w. clifford & assoclate% Inc. ENGINEERS - LAND PLANNERS - SURVEYORS SHEET 150-C am. On.nvkh orfw 2Da Barth Careron streat 3 (y1a v. Vk°kd° 22o01 30 60 r1M'd� t �64oNj eBy OF 5 OK898FG8418 /V MACEDONIA CHURCH ROAD N VARIABLE R/W STATE ROUTE 642 Ij EX. PROPERTY UNE (C/L 30' PRESCRIPME EASEMENT) S7253.i6 E S68'4544'E _ 584. 8.3 97 56' )Y HEREBY 1 :r rr �� :r rr :r rr �� r• 015rANCE rANCE 8 _ 80.0. _ ESMT.� __JITARY iWED AREA SEWER ESMT. f .'2 ACRES CEr5OF5 to /8 v:.Av4011sFo ri / 1 5 ..2 �10' LANDSCAPING EASEMENT N X14F Samuel E. dr Mmy R. Plasters ER LIMIT Zoning ^� RA l vv `— EXISTING l Use N Single Family Residential Q NORTHERN VIRGINIA D8 552 P 48 POWER COMPANY DB 761 P 1658 ISTANCLE BUFFER MA Y BE REDUCED -,L- FULL SCREEN AS PER FR 6ERICK )E CHAPIE4 165,-SEC77ON 165-,36. DB�209 (TO BE ENT) OB 824 P 1451 MINIMUM SETBACK REQUIREMENI5 SEE SHEET 2 OF 5 SF p NT 1 35' FOR CURVE TABLE. REAR 25' All lots are single-family detached traditional. All lots are subject to a 20' Slope t:I)AI & Drainage Easement and a 15' Utility Easement along all rights -of -way and a 10' Utility and Drain}�agge Ease�}meent along all property+ lines.{ �, }�Di (E l)y �tl�ilu®II� ���lloIlII TIDWN DATE: Januory 6, 1998 SCALE : 160' FILE#: "3120pits.dwg" g1lbext w. dWord & aasoclatea, Ina?ENGINEERS -� LAND PLANNERS - SURVEYORS SHEET t!w-C aa. QrsVbgk l22. *�°A � OF 4 (3a) � to �oM 3e so W (540) 057-2130 BK898PGO419 SHEET 3 OF 5 .� 3 , 4 Lpar .BU ?9 SEE SHEET 4 OF 5 a 5 6 '�; 7 3 __�20'Wa 0 1 `jL' Z0' W f M SEINER / so i DRAINAGE EASEMENT/ 0 InI RESERVED/ AREA 2. b202 ACRES ``\ _P0 .4 14,�� le ^D jfMC/ENCY BU17M AND/OR '•NCE BUfFER MAY BE REDUCED "l fULL SCREEN AS PER fREDERICK OD£ aYAPTER 165`• SEC770N 165—J5. j0 �o 10' LANDSCAPING EASEMENT �r W.►: Samuel E. (v Mary R. Plasters RA hZoning — I Use N Single 1 Family ResidentA& I D8 552 P 48 06 761 P 1668 D8 824 P 1451 EXISTING �----� NORTHERN VIRGINIA POWER COMPANY RIGHT —OF --WAY (EASEMENT) DB 209 PG. 100 (TO BE VACATED) "DES ARE PERMRUD SEE SHEET 2 OF 5 MINIMUM SETBACK REQUIREMENTS ''MATED ROAD FRONT_ = 35' FOR CURVE TABLE. BUFFER AREA REAR 25' All lots are single—family detached traditional. All tots are subject to a 20' Slope ;g 0 F & Drainage Easement and a 15' Utility Easement along all rights —of —way and a Yr 10' Utility and Drainage Easement along all property lines. T) ANE w'- - a tlfl®lm Iff t;�lLU �' olm 13 1V ONN 9 DATE January 6, 1998 SCALE : 1" 100' FILE#: '3120pits.dwg" 1285 gibert w. difford & associates, Inc. ENGINEERS — LAND PLANNERS — SURVEYORS SHEET UO•-C Olds (kwotch OrM 200 North Comwon SW4 224M Vhgb 5 R�� {maws 'varr0,ta � _` so �00 2 � OF 5 sr0:tsttrys; FfEDSIMCOURN a= �..� d tM0 o me o�t tq and with CWI1 cat* o1 s9krsoMedamen�rstoan annexed W°, "od rc record. Tax Imposed by Sec. 18.1.802 of a NSON & MHNSTON 7ORNEYS AT LAW CHESTER, VIRl3OM THIS ED OF SUBDIVISION AND RESTR FIVE COVENANTS, made and dated this day of w , 1998, by and between JASBQ INC_, A VIRGINIA CgRPORAT oN, of the first part, hereinafter called the DECLARANT. WHEREAS, the DECLARANT is the owner in fee simple of the real estate shown on that certain Final Subdivision Plat drawn by P. Duane Brown, L.S., dated January 6, 1998, known as Mosby Station II, Section B. which Final Plat is attached hereto and incorporated herein by reference as if set out in full. This is a portion of the real estate previously conveyed to the DECLARANT by that certain deed dated December 16, 1986, and recorded in the Clerk's office of the Circuit Court of Frederick county, Virginia, in Deed Book 634, at Page 499; and, WHEREAS, said real estate, as shown on the aforesaid attached Final Subdivision Plat, has been subdivided into lots for the construction of single family homes thereon (Lots 1 through 8, inclusive), and the hereinabove Final Plat shows accurately the metes and bounds of the subdivided land, together with the dimensions of each Lot thereof and also sanitary sewer easements, utility, slope, and drainage easements, all of which shall constitute a portion of that development known as Mosby Station II, Section B; and, WHEREAS, the Subdivision of Mosby Station II, Section B, as shown on the aforesaid attached Final Subdivision Plat, is with the free consent and in accordance with the desires of the undersigned DECLARANT, and the DECLARANT desires to subdivide the aforesaid real estate in accordance with the provisions of "The Virginia Land Subdivision Act" as are applicable and in force and effect as of the date of execution of this Deed of Subdivision and Restrictive Covenants. NOW THEREFORE WITNESSETH: That for and in consideration of N & JOHNSTON NEYS AT LAW &TER, VIRGIWA the premises and the benefits which will accrue by reason of this Subdivision, the DECLARANT does hereby subdivide all of that certain tract or parcel of land designated as Mosby Station II, Section B, lying and being situate in the County of Frederick, Virginia, and being more particularly described by that certain Final Subdivision Plat of Mosby station 11, Section B, by P. Duane Brown, L.S., dated January 6, 1998, (containing Lots 1 through 8, inclusive) which Final Subdivision Plat is attached hereto and incorporated herein as if set out in full. Von, RESTRICTIONS AND OOVKKAIZTs The single family Lots in Mosby Station II Section B, shall be subject to the following restrictions, which are constituted covenants real to run with the land: 1. All Lots shall be used for single-family residential purposes only. No detached garage or carport shall be permitted on any Lot. Any utility or other out building on any Lot shall be of the same material and construction as the main structure on such Lot. 2. No signs or advertising of any nature shall be erected or maintained on any Lot except "For Sale" signs for said Lot which signs shall not exceed five (5) square feet in area, or signs used by the DECLARANT to advertise the property during construction and sale. No "For Rent" signs shall be allowed on any Lot. 3. No power boats, mobile homes, motor homes, campers, commercial buses, trailers of any type, tractors, trucks or other motor vehicles (other than automobiles, motorcycles, pickup trucks, and 3/4 ton (or less) or vans) shall be permitted on any Lot except during the course of construction. No motor vehicle or material portion thereof, which does not have a current license and current Virginia inspection sticker shall be Permitted on any Lot. :20 i I 48JOHNSTON (EYS AT LAW 1 - ER, VIRmNIA 898rl;0�=69 No commercial vehicle, unless excepted herein as to size, Shall be allowed to park on any lot in said subdivision at any time, after the construction of a dwelling house has been completed. 4. No animals of any -kind (including livestoclj, Poultry or birds) shall be permitted on any Lot, except that dogs, cats and other usual household pets may be kept, provided that they are not kept, bred or maintained for commercial or charitable purposes or in unusual numbers. 5. No fence or hedge shall be constructed or planted in the front nor along the side (not applicable to corner Lots) of any residence nor within twenty-five (25) feet of any street. Rear fencing and hedges shall not exceed six (6) feet in height. All fencing shall be constructed of wood, masonry or iron or PVC material. No chain link fencing shall be allowed. 6. No noxious or offensive activities shall be carried on upon any Lot nor shall anything be done thereon which may be, or may become, an annoyance or nuisance to the neighborhood. 7. In the event that a..dwelling is destroyed, the owner of the dwelling, within thirty (30) days from said destruction, shall clear away the remaining portion of the dwelling unit and maintain the Lot in a neat and orderly condition. $• In the event a dwelling unit is damaged, or has materially deteriorated, the owner of the unit shall immediately repair the damage or deterioration. 9. No Lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall be in sanitary containers and screened. No refuse or any container for same shall be placed or stored in front of any house, except on the date of garbage pickup. 10. No exterior clothes lines, or hanging device, shall be permitted on any Lot, except for an umbrella -type with a diameter not to exceed seven .(7) feet; provided, however, that the same may only be used in the rear of any building constructed on said Lot and the clothes line is stored within a utility building or the equivalent when the Clothes line is not in use. -3- 6;iu0.10? P GD470 6AOHNSTON M AT LAW ER, VIRMLA 11. Every owner shall provide his Lot with off- street parking space of at least 450 square feet, which may include all area in any driveway located on the Lot itself, to be used by the inhabitants of the dwelling house located on said Lot. Parking on that street shall be prohibited and it is the intent of this restriction that parking space for at least (2) vehicles be provided. All driveways must be constructed of concrete or asphalt and shall be installed per the: specifications utilized by the Virginia Department of Highways. j 12. All Lots are subject to the Slope and Drainage Easements and Utility Easements as shown on the plat attached hereto. 13. There shall be no planting, structures, i fences, shrubbery or other obstruction to obstruct vision planted or maintained on any corner Lot which rises more than three feet ' (30) above ground level within twenty-five feet (25,) of the intersection of any street lines. 14. One-story houses shall have 1,350 square feet of living space. Two-story houses shall have 900 square feet of living space on the first floor above ground and a total living space Of 1,600 square feet. All other house configurations, such as, but not limited to, split -Foyer, Cape Cod, saltbox, Multi -level and Tri-level shall have 1,600 square feet Of usable, finished living space. Living space shall be computed using outside foundation measures and shall be exclusive of gars carports garages es and basements. goof Pitch shall be at least 5/1211. The foundation of all houses shall have a brick veneer from the house plate to the ground surface, which brick veneer shall be on the side of the house facing the street and on the two sides of the house facing the side lines. No brick veneer is required an the side of the house facing the rear property line. In the alternative, poured concrete walls, with a brick mold, and Painted, shall be allowed. 15. All Lots are required to observe any setback lines, and/or side lines and/or rear yard lines as shown on the plat attached hereto in addition to those applicable requirements Of any COUNTY Ordinance. -4- W%U:;!utuu4 ( 1 A4 aN 3JOHNSTON RNr=YS AT LAW :sTER, +nRcu+N 16. No building, structure, addition or exterior alteration (including basketball backboards, rims and.nets) or improvements of any character, shall be constructed on any Lot or dwelling located thereon, unless the plan of construction, including quality of J1 workmanship, design, colors and materials shall have been approved in writing by the DECLARANT. Before construction can begin, all house plans must be reviewed by the DECLARANT. 17. All of the covenants and restrictions herein shall be binding and remain in Full force and effect for a period of fifteen (15) years from the date of this instrument and shall be renewed automatically for additional successive ten (10) year periods, unless the Owners of a majority of Lots in Mosby Station II Section B shall, at least six (6) months prior to any such renewal date, execute and record an agreement amending said covenants and restrictions. 18. The invalidation of any one of the covenants or restrictions contained herein by judgment or Court Order shall in no wise affect any of the other provisions which shall remain in full force and effect. The failure of the Lot Owners or the DECLARANT herein to enforce any covenants or restrictions shall not be deemed to be a waiver of the right to do so thereafter as to a default occurring prior or subsequent thereto. ARTICLE 2 EASEMENTS Section 1.. Public Utility and Drainage Easements; The property described hereby is, and shall be, subject to a ten (10) foot easement along all property lines for the installation of any utility and to those certain easements or rights of way designated, or to be designated, as Drainage Easements, Gas Easements and Utility Easements on the plat of Mosby Station that have been recorded or will be recorded (including the plat attached hereto). The DECLARANT does hereby grant and convey unto the COUNTY, or other agency having jurisdiction thereof, a -5- 4rtI% J, �1I'V 6 ■ Y 1 perpetual right of way or easement for the maintenance and repair of the aforesaid easements and any related facility designated on the aforesaid plat as Water Easements, Sanitary Sewer Easements, Gas Easements and Utility Easements. (a) The DECLARANT reserves unto itself, its successors or assigns, the right to erect, maintain, operate and replace inderground telephone and electrical conduits, related =quipment, and other facilities, sewer, gas, water and television lines and related equipment, and other utility equipment where such utility lines and equipment are located rithin the easements reserved herein or as set forth on the 'final subdivision plat of Mosby Station II section B. (b) The DECLARANT further reserves unto itself, its successors or assigns, for a period of five (5) years from the ,ate hereof, a blanket easement and right on, over and under the round within said subdivision to maintain and correct drainage f surface water problems in order to maintain reasonable tandards of health, safety and appearance. Such right Kpressly includes the right to cut any trees, bushes or Irubbery, make any grading of the soil or to take any other Lmilar action reasonably necessary, following which the 3CLARANT shall restore the affected property to its original >ndition as near as practical. The DECLARANT shall give �asonable notice of intent to take such action to all affected mers, unless in the opinion of the DECLARANT an emergency ists which precludes such notice. Reservation by DECLARANT of ch blanket easement and rights contained herein shall not, in V way, obligate DECLARANT to undertake any maintenance, repair corrective action whatsoever and shall not impose any %bility or responsibility upon DECLARANT therefore. a CK811�'Ptjl0473 GENERAL RESE VATION The DECLARANT herein reserves unto itself, for a period 41 of five (5) years, the right to amend this Deed of Dedication, provided that the single family residential nature of the subdivision shall not be changed. ARTICLE 4 GENERAL PROVISIONS Section 1. Enforcement: The Declarant, its successors or assigns, or any owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, and/or reservations, now or hereafter, imposed by the provisions of this instrument. Failure by the Declarant, its successors or assigns, or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. All costs which the Declarant, its successors or assigns, or any Owner shall incur in the successful enforcement of the restrictions, conditions, covenants and/oar reservations, now or hereafter imposed, shall be borne by the party against which action is taken and which costs shall include reasonable attorneys fees, costs, and damages. Section 2. Severability: Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provision which shall remain in full force and effect. Section 3. Amendment: The covenants and restrictions of this Declaration shall run with the land and bind the land, and shall inure to the benefit of and be enforceable by the BISON & JOHNSTON j -7- I Em J(� ,H.0��7�+ J• II I oeclarant, or the Owner of any Lot subject to this instrument, jJtheir respective legal representatives, heirs, successors and iassigns, for a term of fifteen (15) years from this instrument ; i� i',is recorded, after which time, said covenants shall be automatically extended for successive periods of ten (10) years, 17, su a The covenants and II as described under Restriction No. restrictions of this instrument may be amended during the first '!fifteen (15) year period by an instrument signed by not less and thereafter, by jthan ninety percent (90%) of the Lot Owners, !1 an instrument signed by not less than seventy-five percent (75$) i 1 An of the Lot owners. y amendment must be properly recorded. ,j WITNESS the following signature and seal: )By O, INC., A VIRGINIA CORPORATION l t 1 Bowman, President STATE OF VIRGINIA, AT LARGE, 1 CITY/COOF Y // %, f ✓ , To -wit: Clis�l�� ' The foregoing instrument was acknowledged before me this i James L Bowman, President 3 day of —IN- , 1998, by of Jasbo, Inc., a Virg is Corporation, on behalf of said i corporation. My commission expires +O;••' ; crYy Not Publ c r' ;;• ' fy1 89944PG0257 GENERAL WARRANTY DEED THIS DEED, made this 5ih day of August, 1999, by and between WALKER & CROSS. INC., a Virginia Corporation, GRANTOR; and SALVATORE W. MANTIONE and SHANNON M. MANTIONE , husband and wife, GRANTEES; WITNESSETH: THAT, for and in consideration of the sum of TEN DOLLARS (SI0.00) and other good and valuable consideration, receipt of which is hereby acknowledged, the GRANTOR does hereby grant, bargain, sell and convey, in fee simple and with General Warranty of Title, unto the GRANTEES, as tenants by the entirety with the right of survivorship as at common law, all that certain lot or parcel of land situate, lying and being in Frederick County, Virginia, and more particularly described as follows: All that certain lot or parcel of land lying and being situate in Opequon Magisterial district, Frederick County, Virginia, designated as Lot 2, MOSBY STATION II, Section B as shown on the Final Plat for Mosby Station made by P. Duane Brown, L.S., dated January 7, 1998 and recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 898, at Page 467. And being the same property conveyed to Walker & Cross, Inc., a Virginia Corporation, by Deed from Jasbo, Inc., a Virginia Corporation, dated July 14, 1999, recorded July 15, 1999, in Deed Book 941, Page 1757. This conveyance is made subject to covenants, conditions, restrictions, easements and rights of way of record. The GRANTOR covenant that said GRANTOR has the right to convey the aforesaid property; that the GRANTOR has done no act to encumber said property; that the GRANTOR will ex4cute such further assurances as may be requisite. WITNESS the following signatures and seals: Wal r & Cr, r, In . /lG eal) y: David C. Walker, President n 61(944PG0253 STATE OF VIRGINIA CITY OF WINCHESTER 1, the undersigned, a Notary Public for the jurisdiction aforesaid, do certify that David C. Walker, as President of Walker & Cross, Inc., whose name is signed to the foregoing document, acknowledged the same before me this day of August, 1999. ILI �':ti TRY :ems (Seal) �" Notary Public A tg$ L ,.•;. r '• My Commission Expires: CA. VtRCWk FREDER" COUNM = This tnsuumentno'fi itti g was produced to a on tho ��day of- • 16�. at and with cartlticate6of acknowledgment thereto annexed was adrTjt;ed to record. Tax Irapased by Sac. $8.1 aaz ut o , and 58.1-801 have been paid, if assessable 4� , Clerk 0 ck- EXHIBIT "A" PROPERTY DESCRIPTION All of that certain lot or parcel of land, together with all rights, rights of ways, improvements thereon and appurtenances thereunto belonging, lying and being situate in Opequon Magisterial District, Frederick County, Virginia, designated as LOT 3, MOSBY STATION II, SECTION B, as shown on the Final Subdivision Plat prepared by P. Duane Brown, L.S., dated January 6, 1998, attached to the Deed of Subdivision and Restrictive Covenants dated January 23, 1998, and recorded In the Office of the Clerk of the Circuit Court of Frederick County, Virginia, In Deed Book 898, at Page 467, and further more particularly described by House Location Survey prepared by Elliott Ritchie, Jr., L.S., dated .tune 26, 1998, recorded in the aforesaid Clerks Office in Deed Book 908, at Page 1622, and by this reference made a part hereof as if set out in full; AND BEING the same property conveyed to Bradley A. Frazier and Stephanie D. Fields by Deed from Relocation Resources international, Inc., a Delaware Corporation, dated August 21, 2002, and recorded In the aforesaid Clerks Office immediately preceding the recordation of the first Deed of Trust preceding this second Deed of Trust. VIRGINIA: FREDERICK COUNTY, SCT. This instrument of writiug was produced to me on aoo�,at_,�•• 7� and with c•.eltificatc of acknowledgement thereto annexed was admitted to record. Ta imposed by Sec. 58.1-802 of g, , and 58.1-801 have been paid, if assessable 4�?� , Clerk ,��2p B1, 9 Lt 0 PG' 1114 1�41 0 THIS DEED made and dated this �� day of = 1999, by and between G & B l 01M INC., a Virginia Corporation, party of the first part, hereinafter called the Grantor, and WESLEY Q. DOBBS and DENISE Y. DOBBS. parties of the second part, hereinafter called the Grantees. VVITNESSETH: 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 Grantor does hereby grant and convey with general warranty of title unto the Grantees, in fee simple, as tenants by the entirety with common law right of survivorship, all of that certain lot or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, lying and being situate in Opequon Magisterial District, Frederick County, Virginia, designated as Lot 4, Mosby Station II, Section B as shown on the Final Plat for Mosby Station made by P. Duane Brown, L.S., dated January 7, 1998, and recorded in the Of.1<ice of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 898 at Page 467, and being the same property conveyed to G&B Mohr, Inc. by Deed dated April 29, 1999 from Jasbo, Inc. and recorded in the aforesaid Clerk's Office in Deed Book 935 at Page1477. This conveyance is made subject to all easements, rights of way and restrictions of record affecting the subject property, and, in particular, to those certain restrictions, covenants and conditions contained in the Deed of Dedication of Mosby Station II, Section B dated January 23, 1998, and recorded in the aforesaid Clerk's Office in Deed Book 898 at Page 467, which restrictions, covenants and conditions are incorporated herein. BK 91i J ' I-) 1115 The Grantor hereby covenants that it has the right to convey to the Grantees; that the Grantees shall have quiet and peaceable possession of the said property, free from all liens and encumbrances; and it will grant such further assurances of title as may be requisite. WITNESS the following signature and seal: oz/ P 4: 6 � xv �) GLENN D. MOHR, President ` STATE OF VIRGINIA, CAJ( OF A/1 ,p tnp ,, , TO -WIT: I, T iWo, a Notary Public in and for the State and jurisdiction aforesaiW do hereby certify that Glenn D. Mohr, President of G & B Mohr Inc., whose name is signed to the foregoing Deed, '1 dated the S� day of 1999, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. s Given under my hand this 11' day of.i 1999. Ff My Commission expires JJ.W-;2W F xi - vlcua iL NOTARY PbbOe r %3 C"llftsianed as Sandra E. Settie t 10783C:wryboctmmuWOWMRFAtSM\G&.BMohrwwFStEYDOBasDeedwp&cast i, VIRGINtA: FREDEFUCK COUNTY SCT. tnbtru10•3 wri �ng wasgOcrzoduced t me the ..,un�,a ! ac owtedgment thereto annexed wa1s'2ardmitted to recora. Tax Imposed by Sec. §8.1-802 of $_6 2and 58.1.801 have been paid, if assessable" i 8K941PG1610 bpi THIS DEED, made and dated this /- "Zclay of July, 1999, by and between GEORGE H. HAYMAKER and MARY AMM HAYMAKER, his wife, DJB/A HA'Y'MAARR BOXES, parties of the first part, hereinafter called the Grantors, and WILLIAM SCOTT BEASLEY and CMMYL V. BEASLEY, husband and wife, parties of the second part, hereinafter called the Grantees. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid and other valuable consideration, receipt whereof is hereby acknowledged, the Grantors do grant and convey, with General Warranty and with English Covenants of Title, unto the Grantees, as tenants by the entirety in fee simple, with right of survivorship as at common flaw, together with all rights, rights of way, privileges, improvements thereon and appurtenances thereto belonging, all of the following realty: All of that certain lot or parcel of land lying and being situate in Opequon Magisterial District, Frederick County, Virginia, designated as Lot 5, Mosby Station II, Section B, as shown on the Final Plat for Mosby Station made by P. Duane Brown, L.S., dated January 7, 1998, and recorded in the Office of the -Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 898, at Page 467, and by this reference made a part hereof as it set out in full; and further more particularly described by House Location Survey prepared by Douglas C. Legge, L.S., dated July 9, 1999, attached hereto, and made a part hereof; AND BRING the same property conveyed to the Grantors herein by deed dated April 30, 1999, from Jasbo, Inc., a Virginia corporation, and recorded in the aforesaid Clerk's Office in Deed Book 941, at Page 503. Reference is here made to the aforesaid plat, deed and the references contained therein for a further and more particular description of the. property conveyed herein. 1 $CULLY mis, ATTORNEYS AT LAW 20 SOUTH KENT STREET WINCHEMR.YIRGINIA 2MI 1 040012115 Return To: Tax Map Reference #: WELLS FARGO HOME MORTGAGE 3601 MINNESOTA DR. SUITE 200 RPGParcel ID #: BLOOMINGTON, MN 55435 FllEs NI-50 431 Prepared By: RETURN70: WELLS FARGO HANK, N.A. 1� 1fM�T 9021 MERIDIAN WAY,, WEST CHESTER, OH 450690000 MAP# [Space Above This Line For Recording Dahl DEED OF TRUST The following information, as further defined below, is provided in accordance with Virginia law: This Deed of Trust is given by JOHN S - JUSTICE AND KRISTIN N . JUSTICE, HUSBAND AND WIFE Borrower (mstor), to SAMUEL I. WHITE, P.C. 209 BUSINESS PARK DRIVE, VIRGINIA BEACH, VA 23462 , as Trustee, for the benefit of WELLS FARGO HANK, N.A. as beneficiary. DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. 0041022658 VIRGINIA-Single Family -a- Mae/Fr4fdis Mac UNIFORM INSTRUMENT Form 3047 1101 -6(VA) io1o: Pape 1 of 16 VMP MORTGAGE FORI BK941PG161I This conveyance is made subject to all legally enforceable restrictive covenants and easements of record affecting the aforesaid realty. WITNESS the following signatures and seals: (SEAL) d$O H. ROWLKER D/B/A HAYMAKER HOMES %YiCLzc.t� (S EAL ) KILRY cANM HA R D/B/A HAYMAKER HOMES i STATE OF VIRGINIA �f/ O£ , To -wit: I, 44YAA/y 452)6h<S , a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that GEORGE H. HAYMAKER and MARY ANNE HAYMAKER, his wife, D/B/A HAYMAKER HOMES, whose names are signed to the foregoing Deed, dated this �� day of July, 1999, have personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. / Given under my hand this / 3�day of July ;41199910 : J �r My commission expires This instrument was prepared by George W. R. Glass, Esquire SCULLY & GLASS 20 South Kent Street Winchester, VA 22601 SCULLY OI u 2 ATTCIRNEYI AT LAW 7o Sou7N KENT MEET V"NCMCSM. V IRGINIA 22WI Notary a2f- �,L /v i �T YI FL000 NOTE.• ZONE: C COMMUNITY NO.: 510063 PANEL: 0200 8 DA TE.• 07-17- 78 BK 9 41 PG 1612 MACEDONIA CHURCH ROAD 1850' TO INTX VARIABLE WIDTH R/1W QUEENS WAY GAS ONE MARKER IRE S68'45'44"E 80.00'Y _IRF 0 0 NOTES: IRF 1. NO TITLE REPORT FURNISHED. 2. PROPERTY IDENTIFICATION NO. 75M-2-B-5. 3. EASEMENTS MAY EXIST THAT ARE NOT SHOWN ON THIS PLAT. 4. IRF - IRON ROD FOUND BRL _ BUILDING RESTRICTION LINE 5. FINAL PLAT OF SUBDIVISION IS RECORDED IN DEED BOOK 898 AT PAGE 475. 6. THIS LOT IS SUBJECT TO A 20' SLOPE & DRAINAGE EASEMENT AND A 15' UTILITY EASEMENT ALONG MACEDONIA CHURCH ROAD AND A 10' UTILITY & DRAINAGE EASEMENT ALONG ALL PROPERTY LINES. ASPHALT DRIVEWAI I i---26.2I 4 I f o; BRICK & FRATWO STORY ME `�' D L4ELONG N I�' O l #1232 I I 15.7' GAS gALVE 1 I of �13 I ml I w E FIRE NYDRAN f WVI (WA TER VALVE) I I 35' BJ f STOOP I f I I I LOT 5 152W 5GL FT. I Iu� 100' DISTANCE BUFFER RESER'rED nRui I ►� I I f � I I �nr F- I t.V I I d I I � I I � 1 I a I j z13 I i I•�0 I I w r 1 i T T- 13L I I �t I I � I I o i I N I I w *U (WATER METER) I CABLE PED. SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THE INFORMATION SHOWN ON THIS PLAT IS BASED ON AN ACTUAL FIELD SURVEY MADE UNDER MY SUPERVISION ON JULY 8, 1999 AND THAT TO THE BEST OF MY KNOWLEDGE AND BELIEF THERE ARE NO ENCROACHMENTS OR VISIBLE EASEMENTS UNLESS SHOWN. HOUSE LOCA 77ON SURVEY � tiro 0 LOT,5 N SEC770N B o� �p, r MOSBY STA 77ON !1 tNo. 1232 MACEDONIA CHURCH ROAD ,7OPEQUON MAGWERIAL DISTRICT w (3 FREDERICK COUNTY, WIRGINIA DATE: 9 JULY 1999 SCALE: 1 "-30' tDO626 MARSH & LEGGE ��C�� �MA2�fl Land Surveyors, P.L.C. PHONE FAX (540� 667-0469 (A) "Security Instrument" means this document, which is dated JUNE 28, 2004 together with all Riders to this document. (B) "Borrower" is JOHN S. JUSTICE AND KRISTIN N. JUSTICE, HUSBAND AND WIFE Borrower is the trustor under this Security Instrument. (G) "Lender" is WELLS FARGO BANK, N.A. Lender is aNATIONAL ASSOCIATION organized and existing under the laws of THE UNITED STATES Lender's address is P.O. BOX 10304, DES MINES, IA 503060304 Lender is the beneficiary under this Security Instrument. (D) "Trustee" is SAMUEL 1. WHITE, P . C . Trustee (whether one or more persons) is a Virginia resident and/or a United States- or Virginia -chartered corporation whose principal office is located in Virginia. Trustee's address is 209 BUSINESS PARK DRIVE, VIRGINIA BEACH, VA 23462 "Trustee" is N/A Trustee (whether one or more persons) is a Virginia resident and/or a United States- or Virginia -chartered corporation whose principal office is located in Virginia. Trustee's address is N/A (E) "Note" means the promissory note signed by Borrower and dated DUNE 28, 2004 The Note states that Borrower owes Lender TWO HUNDRED SIXTY TWO THOUSAND SEVEN HUNDRED TWENTY AND 0 0 / 10 0 Dollars (U.S, $ * * * * 2 6 2 , 7 2 0.0 0 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than JULY 01, 2034 The interest rate stated in the Note is SIX percent ( 6.000 %) , If this Security Instrument is an adjustable rate mortgage loan, this initial rate is subject to change in accordance with the attached Adjustable Rate Rider. (1) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (R) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following rs are to be executed by Bwower [check box as applicable]: Adjustable Rate Rider 1 1 Condominium Rider 0 Second Home Rider Balloon Rider Planned Unit Development Rider Q 1-4 Family Rider 0 VA Rider 0 Biweekly Payment Rider 0 Other(s) [specify] 40-6(VA) (ai= Page20l 16 Form 3047 1101 Q1t 9141 PG 1613 VIRGINIA: FREDEittac COLWM 8 T. Thts_ipstrumen t wrl D was! ticed to me on the 19;7.,%et and with cert to of Towle ytnent thereto annexed was itte rec Tax Imposed by Sec. 58.1-802 of y , s and 58.1.801 have been paid, It assessable. ,.• r n . � �-Clerk GOO\ 03 Jouaw C. ARTHuk grWRM AT LAW MAMMA, VIR930" - . c DEED P This Deed is made and entered into this j day of lu� , 2003, by and between WILLUM SCOTT BEAS BEY and ICHERYL V. BEASELY, husband and wife, Grantors, herein called Grantors, and MATTHEW T. LeBLANC and SARAH A. LeBLANC, husband and wife, o 1 a3 a _ /%& c e.1, a -Ayr Zoo d1,_`S*jo "s ,4 aazpss Grantees, herein called Grantees, ITNESSETH: W That for and in consideration of the sum of TEN DOLLARS ($10.00), cash in hand paid to the Grantors, and other good and valuable'consideration, the receipt of which is hereby acknowledged, the Grantors do hereby grant, bargain, sell, and convey, with General Warranty and English Covenants of Title, unto the Grantees, as Tenants by the Entireties with the Right of Survivorship, the following described real estate, to -wit: ALL THAT certain lot or parcel of land with all improvements thereon, together with all right, rights of ways and appurtenances thereunto appertaining, lying and being situate in the Opequon Magisterial District of Frederick County, Virginia, being known, and designated as Lot 5, Section B, Mosby Station U, as shown on a plat which is of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 898, Page 467, and further described by plat of survey by Douglas C. Legge, L.S., dated July 991999, recorded in Deed Book 941, Page 1612, of record in the aforesaid Clerk's Office. TAX MAP #75M2B5. The aforesaid property is the same real estate conveyed to Grantors, herein, by deed dated the 13th day of July, 1999, from George H. Haymaker and Mary Anne Haymaker, his wife d/b/a Haymaker Z7ouGEAs C. ARTHUR AtMANX' Ar1AW MXAUKM- VIROD" Homes, and which deed is recorded in the aforesaid Clerk's Office, in Deed Book 941, Page 1610. Reference is hereby made to the aforesaid plats, deed, and records for a more complete description and further derivation of title, This conveyance is made subject to all restrictions, easements and rights of way of record, if any, affecting the aforesaid real estate. WITNESS the following signatures and seals: (SEAL) William Scott Beasley J LZI04V(SEAL) Cheryl OV. Beasley STATE OF / A r �nT n.rrr. tr n� W,�a Ckt gee r, TO -WIT: The foregoing instrument was acknowledged before me this 3_0 day of , 2003, by William Scott Beasley and Cheryl V. Beasley, husband and wife. Ngtary Public My Commission Expires:_ VIRGININ FREDERICK COUNW, SCI: 'this instrument of writing was produced to me of and with certificate of acknowledgement thereto annexed was admitted to record. T imposed by Sec. 58.1-802 of $ '� #P0 , apd 58.1.801 have been paid, if assem*c 4elt AA/r_v ,+clerk 2 I 10 Cd a L, Ln uN H N U > 44 o � U � M N C� N 41 Ln .. � aro b � a� t 0111' 9 5 6 FG3 0579 THIS D f EED, made and dated this day of January, 2000, by and between DENNI'S DARR cUSTUM CAR+PENTRy INC',, a Virginia corporation, hereinafter called the Grantor, and 97LLLAM J. CLEMEN4'S, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of One Dollar and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor hereby grants and conveys, with General 'Warranty and English covenants of title onto the Grantee, in fee simple, all the following described real property; All of that certain lot or parcel of land, lying and being situate in Opequon Magisterial District, Frederick County, Virginia, designated as Lot 6, Mosby Station II, Section B, as shown on the Final Plat for Mosby Station made by P. Duane Brown, L.S., dated January 7, 1998, and recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed book 898, at Page 467, and further described by House Location Survey made by Charles E. Walls, Jr., L.S., dated January 10, 2000, attached hereto and made a part hereof as if set out in full; and being the same property conveyed to Dennis Darr Custom Carpentry, Inc., a Virginia Corporation, by Deed from Jasbo, Inc., a Virginia Corporation, dated April 6, 1999, and recorded in the aforesaid Clerk's Office in Deed Book 936, at Page 0833. Reference is hereby made to the aforesaid instruments and the references therein contained for a more particular description of the property hereby conveyed. This conveyance is made subject to all easements, rights of way and restrictions of record affecting the subject property. BK956PG0580 WITNESS the following signature and seal: ST TE OF VIRGINIA, CI /C6tfffPY OF G� , to-wi Acknowed before me this -Zay of J IUIIln who is ���� f �d, Custom Carpentry, Inc., a Virginia corporation, on behalf of tl x ra F My commission expires: S~ -3 ! �"�� 2—i C-AL7OF C d var�uu � NotafV Public '''�.Y 114111 by RESERVED AREA IRF 95GPG0 FZOOD NOT ZONE: C COMMUNITY NO.: 51006J PANEL: 0200 8 DA 7E• 07-17-78 ELECTR/C-1 TRANSFORMER IRF a 11'WA TER VALVE IN JNCRE7F N 6<? 45 44" W 80.00' A T PROPERTY CORNER LEPHONE L C T 6 SER Box 15,200 SO FT I 100' DISTANCE BUFFER UWTS I Q 0 CONCRETE PAD—,,, 11.7' 45.2' SPLIT FOYER -- BRICK & FRAME N DWELLING / 1238 g 14.8' 0 7.2' o`vNAFt� ST 23.1' � r d � � 35' BRL r S � 4 , , S 68 45 44" E 60.00' 0 IRF MACEDONIA CHURCH ROAD VAR/ABLE WD TH R/W NQTES.• 1. NO TI7LE REPORT f7IRNISH£D. 2. PROPERTY IDEN 77f 7CA 77ON NO. 75M-2-8--6. J. EASEMENTS OTHER THAN SJYOWN MAY EXIST. 4 IRF - IRON ROO FOUND BRL - BUILDING RES7R/C770N LINE 5. 7HE PROPERTY SHOWN HEREON IS SUBJECT 'O 20' SLOPE e!: DRAINAGE EASEMENT AND A 15' U77LITY EASEMENT ALONG MACENDON/A CHURCH ROAD AND A 10' U77L/7Y & DRAINAGE EASEMEW T ALONG ALL PROPERTY LANES. O -i if Si ii� / / HEREBY CER77FY 7HA T 7HE /NFORMA 770N SHOWN ON THIS PLA T /S BASED ON AN ACTUAL f7ELD SURVEY MADE UNDER MY SUPERVISION ON JANUARY 6, 2000 AND 7HA T no 7HE BEST OF MY KNOWLEDGE AND BELIEF THERE ARE NO ENCROACHMENTS OR NIBBLE EASEMENTS UNLESS SHOW HOUSE LOCH 77ON SURVEY ON LOF 6 SEC 77ON S MOSSY STA T/ON DEED BOOK 898 PAGE 475 OPEOUON MAGISTERIAL DISTRICT FREDJERICK COUNTY, WRGIN/A DATE: JANUARY 10, 2000 SCALE. • 1 "-JO' ID 1206 MARSH & LEGGE Land Surveyors, P. L. C. ,TH OF r I. No. 0019 N Ho-© I�ND SURv%�, 560 NORTH LOUDOUN STREET WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 FAX 540) 667-0469 A WS BE(956PGO582 VIRGINLA- FREDERICK_ COUNTY, SCT. This instrument of writing was produced to me on _ n /n� . ,&oJ-at : ad -07. and tiAth certificate of a&mov ledgeoaent thereto aftnexed was admitted to record. l'aa imposed by Sec. 58.1-802 of $ JjY—,„f-)t9and 58.1-801 have been paid, if assessable v , irk -.,+b i 020006383 THIS IS A CREDIT LINE DEED OF TRUST THIS CREDIT LINE DEED OF TRUST made and entered into this 121t1day of April , 2002, by and between RODNEY W. BUTLER and MELISSA D. BUTLER, his wife, parties of the first part, hereinafter called Grantors; and BENJAMIN M. BUTLER, 112 South Cameron Street, Winchester, Virginia 22601, and E. SCOTT SMALLEY,16 North Church Street, Berryville, Virginia 22611, Trustees, either one or both of whom may act, parties of the second part; and BANK OF CLARKE COUNTY, Berryville, Virginia, the Beneficiary. WITNESSETH: WHEREAS, BANK OF CLARKE COUNTY, whose mailing address is 2 East Main Street, Post Office Box 391, Berryville, Virginia 22611, intends to lend or to continue to lend to RODNEY W. BUTLER and MELISSA D. BUTLER, from time to time, certain sums of money on such conditions as BANK OF CLARKE COUNTY may from time to time impose, and the parties of the first part, in order to induce such lending by BANK OF CLARKE COUNTY, desire to secure to BANK OF CLARKE COUNTY the.payment of such indebtedness and interest thereon, such sums herein referred to as the Secured Indebtedness. NOW, THEREFORE, THIS DEED OF TRUST: That for and in consideration of the premises and the sum of Ten ($10.00) Dollars, cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged by the parties of the first part, the said parties of the first part do hereby grant and convey with General Warranty of Title and with English Covenants of Title, utito the said BENJAMIN M. BUTLER and E. SCOTT SMALLEY, TRUSTEES, parties of the second part, the following described real estate: SEE SCHEDULE A ATTACHED HERETO. Reference is made to the aforesaid plat and deed for a more particular description of the property herein conveyed. This conveyance is made subject to all easements, rights of way and restrictions of record affecting the subject property. IN TRUST, HOWEVER, to secure BANK OF CLARKE COUNTY, the Beneficiary, the payment of the Secured indebtedness, however evidenced, now existing or hereafter incurred, matured or ummtured, direct or indirect, absolute or contingent, liquidated or unliquidated, including any extensions or renewals thereof, up to but not exceeding in the aggregate at any one time, the principal sum of TWENTY FIVE THOUSAND ($25,000.00) DOLLARS, with interest thereon, and the cost of collection related thereto, which Secured Indebtedness may, but need not, be evidenced by one or more Promissory Notes. The parties of the first part agree to pay the Secured Indebtedness evidenced by the Note or Notes or other documents in full according to their terms. If default be made in the payment of any installment provisions under said Secured Indebtedness, the entire principal sum or any unpaid balance thereof, together with.accrued interest thereon, shall at once become due and payable, without notice to the parties of the first part, at the option of the holder of said Secured Indebtedness; and then in such an event, it will be the duty of the Trustees, at the request ofthe Beneficiary, or the lawful holder of said Secured Indebtedness, payment of which having been declared in default by the holder thereof, to offer the real estate hereby conveyed for sale at public auction in front of Joint Judicial Center (Cameron Street parking lot side), Winchester Virginia, on such terms and in such manner as to said Trustees seem best. Out of the proceeds of such sale, said Trustees will pay first the costs and expenses of administering this trust, including a commission of five (5%) percent of the gross proceeds to themselves, then they will pay the indebtedness hereby secured, or so much thereof as may then remain unpaid and the balance, if any, they will pay over to the party of the first part, or to their personal representatives. In case of a sale under this trust, the time, terms, and place thereof shall be advertised for three (3) successive weeks in some convenient newspaper. If the real estate hereby conveyed is advertised for sale under the terms of this trust, the party ofthe first part, or their successors, personal representatives and assigns, hereby covenant and agree that immediately upon the first insertion of the advertisement or notice of sale aforesaid by the Trustees, or their successors in office, there shall become due and payable by the parties of the first part to the said Trustees in office, all expenses incident to inserting said advertisement or notice, all court costs, if any, including a commission to the Trustees equal to two and one-half percent (2 %z%) of the unpaid 2 indebtedness, which said expenses, costs and commission of the party of the first part, their successors, personal representatives and assigns, covenant to pay to the Trustees, but the holder of the Secured Indebtedness above described shall not be required to receive payment of the debt evidenced by the Secured Indebtedness of the parties of the first part unless the same be accompanied by the tender of the above expenses to the Trustees; and also to secure the reimbursement to the holder of Said Secured Indebtedness and to the Trustees or any purchaser or purchasers under any sale or sales as provided by this trust, for any and all costs and expenses incurred or paid on account of litigation at law or in equity which may arise in respect to this trust or to indebtedness on the property heretofore mentioned, or in obtaining possession of the premises after any sale which may be made as hereinbefore provided for. It is expressly understood and agreed that this loan cannot be transferred or assumed without the prior written consent of the holder of the Secured Indebtedness secured hereby. In the event that such property is conveyed without the consent of the holder of the Secured Indebtedness, the holder of the Secured Indebtedness may, at its election, consider the same as a breach of the terms of this Deed ofTrust and demand paymentforthwith ofthe balance due on the Secured Indebtedness secured hereby, nothing in this Deed of Trust or the Secured Indebtedness to the contrary notwithstanding. No indulgence or receipt of payment shall be deemed a waiver of this proviso. "NOTICE - THE PEBT SECURED HEREBY IS SUBJECT TO CALL IN FULL OR THE TERMS THEREOF BEING MObIFIED IN THE EVENT OF SALE OR CONVEYANCE OF THE PROPERTY SECUM REUBY". The parties of the first part hereby covenant with the Beneficiary that they will pay when due all taxes lawfully assessed upon the property hereby conveyed; and that they will take out and maintain by the payment of all premiums thereon a policy of insurance against the risk of loss by fire to the buildings upon the real estate conveyed to their fair insurable value, and that they will and do hereby transferand assign such policyto the benefit of the Beneficiary as such interests may appear hereunder; and in the event the Beneficiary shall pay any fire insurance premiums or tax assessments on the property hereinabove described because of default in the payment of the same by the parties of the first part, such sum or sums so advanced by the Beneficiary sliall become a lien upon said real estate, with interest. This Deed of Trust is executed and is to be construed in accordance with all of the provisions of § 55-59 and § 55-60, of the Code of Virginia, 1950, and all amendments thereto, and in short form as provided in § 55-60 as follows: "Exemptions waived; Subject to all upon default; Renewal, extension, or reinstatement permitted; Right of anticipation reserved; Substitution of Trustee permitted; Any Trustee may act." Any notice or demand required to be sent or delivered to the parties of the first -part shall be sent or delivered to the parties of the first part at the property or such other place as the parties of the first part, or their successors in interest, shall designate in writing to the Beneficiary. The address for which communication may be delivered or mailed to the Beneficiary is 2 East Main Street, Post Office Box 391, Berryville, Virginia 22611. WITNESS the following signature and seal: UMe—�iI t EAL) ROD NEY BUTLER akw MELISSA D. BUTLER STATE OF VIRGINIA, CJXI/COUNTY OF �, TO -WIT: The foregoing instrument was acknowledged before me this day ofr �WUc.� . 2002, by RODNEY W. BUTLER and MELISSA D. BUTLER. J 10725-OU LER My Commission expires 3 NOTARY PUBLIC 4 SCHEDULE -A All that certain lot or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging to, lying and being situate in Opequon Magisterial district, Frederick County, Virginia, being known as and designated as Lot No. Seven (7), as shown on that certain plat entitled "Mosby Station II -Section B", dated January 5,1998, by P. Duane Brown, L.S., and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 898 at Page 478; AND BEING the same property conveyed to Rodney W. Butler and Melissa D. Butler by Deed dated August 1, 2001 from Jasbo, Inc. of record in the aforesaid Clerk's Office as Land Record No. 01-10279. Tax Map Parcel #: 75M-2-B-7 1 D725-Butler VIRGINIA: FREDERICK COUNTY, SCr, This instrument of writing was produmd to me CM and with certificate of acknowledgement thereto annexed was admitted to record. Ta gnpoyed by Sec. 58.1-802 of $ , , and 58.1-801 have been paid, if a.�ta enable )4ew r , perk 0 co MASTER DEVELOPMENT PLAN (MDP) #08-04 THE TOWNES AT MOSBY STATION Staff Report for the Board of Supervisors Prepared: September 8, 2004 Staff Contact: Eric R. Lawrence, AICP, Planning Director This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist in the review of this application. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 07/07/04 Recommendation of Denial & denial of waiver request 09/01/04 Recommendation of Denial Board of Supervisors: 09/22/04 Pending LOCATION: This property is located on the north side of Tasker Road (Route 642), 1,300 feet east of the intersection of Tasker Road and Aylor Road. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBERS: 75M-2-B-8A PROPERTY ZONING & PRESENT USE: Zoned: RP (Residential Performance) Use: Vacant ZONING & PRESENT USE OF ADJOINING PROPERTIES: North Zoned: RP (Residential Performance) South Zoned: RP (Residential Performance) East Zoned: RP (Residential Performance) West Zoned: RP (Residential Performance) PROPOSED USE: 17 townhouses Use: Residential Use: Residential/Assisted Living Use: Residential Use: Assisted Living (same) COMMONWEALTH of VIRC-jINIA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY Philip A. Shucet 14031 OLD VALLEY PIKE COMMISSIONER EDINBURG, VA 22824 January 24, 2005 Mr. Bryan Martin C/O AMB Builders, LLC 7705 1141ain Street Middletown, VA 22645 Ref: Temporary Construction Entrance - The Townes at Mosby Station Route 642, Frederick County Dear Mr. Martin: JERRY A. COPP RESIDENT ENGINEER TEL (540) 984-5600 FAX (540) 984-5607 In accordance with your request dated January 6, 2005 you are given permission to install a temporary construction entrance at the referenced location. This letter is to be considered your permit to do so. The following provisions will be required: • Work area protection signage is to be in accordance with the current Work Area Protection Manual while working on the right-of-way. • All work on the right-of-way is to be confined to the temporary entrance location only. A land use permit will need to be applied for and Issued prior to any additional work on the right-of-way. This permit requires a fee and surety bond coverage. • A minimum 6" depth of VDOT #1 (2-3 inch stone) at a minimum width of 12' is to be placed from the edge of pavement and extended a minimum of 70' with a filter fabric underlines. • All materials spilled, dropped, washed or tracked from vehicles onto the roadway or into storm drains must be removed immediately. • Positive drainage is to be maintained within the right-of-way at all times. • Any disturbed areas of the right-of-way or damages to the pavement structure adjacent to this entrance will be repaired by you to our satisfaction. _ This permit is being issued for ninety (90) days. • All work is to be completed in accordance with the enclosed Virginia Erosion & Sediment Control Handbook, Specification 3.02. • The entrance is to be installed at the location shown on the site plan prepared by William H. Gordon Associates, Inc. dated November 18, 2004. The Department of Transportation will not be held liable for suit should such result from this operation nor is it granting permission to grade on the property of others or disturb underground utility lines. If the above listed items are not followed this permit may be revoked. Should you have any questions, please let me know. Sincerely/ % el Philip A. Baker, Hwy. Permits & Subd. Specialist Sr. Attachments fCOUNTY JAN 2!FR,EDERICK ING R nGvr Copy: Mr. Claus Bader, P.E. w/ William H. Gordon AV%0Wb�o r. Eric Lawrence; Mr. Dwight WE KEEP VIRGINIA MOVING NT The Townes at Mosby Station Subject: The Townes at Mosby Station Date: Tue, 30 Nov 2004 08:58:37 -0500 From: "Funkhouser, Rhonda" <Rhonda.Funkhouser@VDOT.Virginia.gov> To: "'CBader@whga.com"' <CBader@whga.com> CC: "Eric Lawrence (E-mail)" <elawrenc@co.frederick.va.us>, "Mark Cheran (E-mail)" <mcheran@co.frederick.va.us>, "Hawkins, Dwight" <Dwight.Hawkins@VDOT.Virginia.gov> Ref: The Townes at Mosby Station Route 642 Frederick County We have received your revised site plan dated November 18, 2004 for the referenced project. It appears all of our earlier review comments have been satisfactorily addressed. Please advise the owner of our approval. Also please provide six (6) sets of approved construction plans with signed seal for VDOT distribution. These plans need to include details of CG-3 since the speed limit is above 40 mph and Trip Generation Data from the development. The appropriate land use permit may now be applied for to cover work within the Route 642 right-of-way. The permit is issued by this office and will require a minimum processing fee, surety bond coverage, and the salary & expenses of a State assigned Inspector. A copy of any/all recorded plats of dedication for drainage easements or additional right-of-way required for implementation of this proposed project should be provided to VDOT prior to issuance of any land use permits. Dedication should be made to the Commonwealth of Virginia. Once satisfactory application has been made, a permit will normally take approximately thirty days to process and issue. Should you have any questions, do not hesitate to call. Dwight W. Hawkins, Contract Administrator For Lloyd A. Ingram, Trans. Engineer VDOT - Edinburg Residency 14031 Old Valley Pike Edinburg, VA 22824 (540) 984-5616 (540) 984-5607 (fax) 1 of 1 11/30/2004 9:40 AM II :iI III III COUNTY of FREDERICK U uI N U V a L`j"'t I.;./ Department of Public Works 540/665-5643 INREDERICK COUNTY FAX: 540/678-0682 November 1, 2004 Mr. Claus S. Bader, P.E. William H. Gordon & Associates, Inc. 24 West Piccadilly Street, Suite A Winchester, Virginia 22601 RE: Subdivision Plan Comments - The Townes at Mosby Station Frederick County, Virginia Dear Claus: Upon review of the subject subdivision plan, we offer the following comments: 1) Because the disturbed area indicated on the plan will encompass an area larger than one (1) acre, it will be necessary to install sediment traps to provide adequate erosion and sediment control for drainage areas A and B. In accordance with VESCH Standard 3.13, provide the design calculations, details and grading plan for the sediment traps. 2) It will be necessary to install a drainage channel along the northern end of the site to allow the water to flow through the drainage easement. Provide a profile of the proposed channel to ensure that a minirnum two (2) percent slope is provided. A two (2) percent slope shall be provided across the entire site to provide for post -developed drainage. It will be necessary to ensure that the proposed landscaping buffer located along the northern end of the site will not impact the channel adequacy for the proposed storm flows in the subject ditch 3) With the exception of single family dwelling construction, the use of regular silt fence for commercial or subdivision projects is not permitted in Frederick County. The county requires the use of wire reinforced silt fence or a diversion berm for perimeter control. 4) Provide an adequate channel analysis for drainage basin B to determine if the existing drainage ditch located along Tasker Road can accommodate the post -developed drainage flow. Drainage basins A and B shall be analyzed separately because they flow into different downstream areas. 5) Provide a maintenance schedule for the proposed underground stormwater facility. 107 North Kent Street • Winchester, Virginia 22601-5000 Townes at Mosby Station Comments Page 2 November 1, 2004 Clearly define who be responsible for the maintenance of the stormwater facility in the future as well as all open space areas within the subdivision. Provide maintenance schedules for these as well. 6) All proposed finished floor elevations for each unit shall be above the proposed 100-year storm elevations. 7) Ensure that the owner is aware of all erosion and sediment control policies related to as- builts, building permit requirements, etc. as set forth by Frederick County. Once these comments have been addressed, submit two (2) copies of the plan for further review. Sincerely, , (j "�")u" Jo C. Wilder Deputy Director JCW/rls cc: Mark R. Cheran, Zoning and Subdivision Administrator file A:\townesatjnosbYconi.wpd Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 October 13, 2004 Mr. Claus Bader William H. Gordon Associates, Inc. 24 West Piccadilly St., Suite A Winchester, VA 22601 RE: MASTER DEVELOPMENT PLAN #08-04 FOR THE TOWNES AT MOSBY STATION Dear Claus: The Final Master Development Plan for "The Townes at Mosby Station" was administratively approved on October 7, 2004. This project includes the development of a 2.53-acre parcel resulting in the creation of 17 townhouse lots. This. project will include the construction of separation buffers along Tasker Road, and the adjoining properties to the north and east. A trail system is also proposed along Tasker Road. Attac d are three copies of the approved Final Master Development Plan. These copies are for Yu d your clients' record. Please contact me with any questions regarding this approval. Sin rely. E c R. Lawrence, AICP PIP l ing Director ERL/bad Enclosure cc: AMB Builders, LLC, 7705 Main St., Middletown, VA 22645 Gene E. Fisher, Shawnee District Supervisor Robert A. Morris and William C. Rosenberry, Shawnee District Commissioners Jane Anderson, Real Estate 'TbC W I LI 45A- 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 • • Cb UcatRICKo Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 September 28, 2004 Mr. Claus Bader William H. Gordon Associates, Inc. 24 West Piccadilly St., Suite A Winchester, VA 22601 RE: MASTER DEVELOPMENT PLAN #08-04 FOR THE TOWNES AT MOSBY STATION Dear Claus: The Frederick County Board of Supervisors approved the above referenced Preliminary Master Development Plan on September 22, 2004. Your firm will need to submit a Final Master Development Plan for this project which addresses all review agency comments, as well as all comments of the Planning Commission and Board of Supervisors. Our department will provide your firm with administratively approved copies of this plan once these issues have been addressed. If you have any questions regarding the approval of this master plan or requirements needed for submission of your Final Master Development Plan, please do not hesitate to call me. Sinc ely, f � Eri , ce, AICP Pi ing Director ERL/bad cc: ,,AMB Builders, LLC, 7705 Main St., Middletown, VA 22645 �ene E. Fisher, Shawn District Supervisor /Robert A. Morris William C. Rosenberry, Shawnee District Commissioners e Anderson, Real Estate 107 North Kent Street • Winchester, Virginia 22601-5000 MDP #08-04, The Townes At Mosby Station September 8, 2004 Page 2 REVIEW EVALUATIONS: Virginia Department of Transportation: The Preliminary Master Plan for this property appears to have a measurable impact on Route 642, the VDOT facility which would provide access to the property. Due to the existing volumes plus those generated by this proposed site, a right turn lane consisting of 150' taper and a 100' deceleration lane will be required. Before making any final comments, this office will require a complete set of site plans, drainage calculations and traffic flow data from the I.T.E. Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization, and off -site roadway improvements and drainage. Prior to construction on the State's right-of-way, the developer will need to apply to this office for issuance of appropriate permits to cover said work. Comments for Revised MDP: (same as above) Frederick County Fire Marshal: Should these buildings be equipped with fire sprinkler systems, the location of the Fire Department Connections should be located with regard to the fire hydrant locations. Plan approval recommended. Comments for Revised MDP: Fire lane signs and markings are required at all fire hydrants, fire department connections and all normal and emergency access points to the structure(s). Fire hydrants shall be within three feet of curb. Water supplies for firefighting shall be in place prior to building construction. Plan approval recommended. Frederick County Public Works: Upon review of the subject master plan, we offer the following comments: 1) There is an existing drainage channel located along the north portion of the property. Downstream, this drainage channel goes under Macedonia Church Road. Because there are existing drainage issues associated with this channel downstream, stormwater management shall be required for this site. Provide a location on the master development plan and a note that these drainage issues shall be addressed. 2) A comprehensive review of the subdivision plan shall be performed upon its submittal. Frederick County Inspections Department: No comment required at this time. Shall comment at time of site plan review. Frederick County Sanitation Authority: Original Comments (dated 2/I1/04): 1" Review - Correct & Resubmit - 1 Item. Revised Comments (dated 3/11/04): 2"d review. Approved as noted - 1 item Department of GIS: Cross Keys Place has been approved and is reserved in the Road Naming System. Addressing will be assigned during the building permit phase. 0 . MDP 408-04, The Townes At Mosby Station September 8, 2004 Page 3 Frederick County Department of Parks & Recreation: Original Comments (dated 2/11/04): Plan appears to offer adequate open space; however, I am not sure I can identify an area suitable for the required recreational unit. Revised Comments (dated 5117104): Revised Master Plan which details playground area appears to meet County requirements. Winchester Regional Airport: The above referenced Master Plan has been reviewed and it appears that it should not have an impact on operations at the Winchester Regional Airport as the proposed site falls outside of the airport's Part 77 surface. However the site does lie within the airport's airspace and residents could experience fly -over noise from aircraft within the area. Thank you for your cooperation and consideration in the continuing safe operations of the Winchester Airport. Town of Stephens City: Traffic impacts are an area -wide issue, but the proposed development is two plus miles from the Town. Frederick County Public Schools: No comments at this time. Planning & Zoning: A) Master Development Plan Requirement A master development plan is required for most subdivisions and development of property in Frederick County. Before a master development plan can be approved, it must be reviewed by the Planning Commission, Board of Supervisors and all relevant review agencies. Approval may only be granted if the master development plan conforms to all requirements of the Frederick County Zoning and Subdivision Ordinances. The purpose of the master development plan is to promote orderly and planned development of property within Frederick County that suits the characteristics of the land, is harmonious with adjoining property and is in the best interest of the general public. B) Location This property is located on the north side of Tasker Road (Route 642), 1,300 feet east of the intersection of Tasker Road and Aylor Road. The Autumn Glen Subdivision and America House Assisted Living Facility are located across Tasker Road (Route 642) from the subject parcel. The subject parcel consists of 2.5303 acres. C) Site History The original Frederick County zoning map (U.S.G.S. Stephens City Quadrangle) identifies the subject parcels as being zoned R-2 (Residential Limited). The zoning changed to RP (Residential General) District on September 28, 1983 when the R1, R2, R3, and R6 zoning districts were reclassified. Rezoning Application #02-98, for the Tasker Road and Warrior Road Commercial Properties, originally included the subject two and one half MDP #08-04, The Townes At Mosby Station September 8, 2004 Page 4 acre parcel; but this parcel was withdrawn from the rezoning application as a condition of its approval on April 8, 1998. Therefore, the parcel is zoned RP District. D) Intended Use 17 Townhouses Planning Staff Comment: The revised MDP, with the relocation of the proposed entrance so it aligns with Spanish Oak Road, proposes one less townhouse than the original MDP, reviewed by the Planning Commission on July 7, 2004. E) Site Suitability & Project Scope Land Use Compatibility: The two and one half acre site is located adjacent to existing residential land uses in an area of Frederick County which is predominately residential in nature. To the north is Section B of Mosby Station, which consists of single family detached traditional dwellings. To the east is a single family detached rural traditional dwelling. To the west is VDOT right-of-way and the America House Assisted Living Facility. Then to the south is Autumn Glen Subdivision, a development consisting of single family small lot, duplex and multiplex dwellings. Comprehensive Policy Plan: The site of The Townes at Mosby Station is not within the study limits of any small area land use plan found in the 2003 Comprehensive Policy Plan. However, the site is zoned RP (Residential Performance) District, and is within the UDA (Urban Development Area) and SWSA (Sewer and Water Service Area). The Comprehensive Policy Plan states that suburban residential development should occur within the UDA. Historic Resources: The Frederick County Rural Landmarks Survey does not identify any potentially significant historic resources on the site of the proposed master development plan. Furthermore, according to the National Park Service's Study of Civil War Sites in the Shenandoah Valley of Virginia, the subject site is not included in any battlefield study area and does not contain any core battlefield resources. Environment: The subject site does not contain any known areas of environmental features. Environmental features include areas of floodplains, lakes or ponds, wetlands, natural waterways, riparian buffers, sinkholes, natural stormwater retention areas, and steep slopes. The General Soil Map of the Soil Survey of Frederick County, Virginia indicates that the soil type comprising the subject parcel is Clearbrook channery silt loam, two to seven percent slopes. These types of soils are mainly found along heads of drainageways and in broad upland depressions. The seasonal high water table and depth to bedrock are the MDP #08-04, The Townes At Mosby Station September 8, 2004 Page 5 main limitations to use of this soil for community development. The management of such characteristics is demonstrated through the site development process. Transportation: Access to the site is proposed via an entrance off of Tasker Road (Route 642). Tasker Road (Route 642) is a major collector road and is planned for future improvement, as shown on the Frederick County Eastern Road Plan [2003 Comprehensive Policy Plan, page 7-15]. As required for all major collector roads, a minimum entrance separation of 150' is required for all new entrances [Section 165-29.A (6)]. Per VDOT requirements, a new right turn lane consisting of a 150' taper and a 100' deceleration lane shall be provided for the proposed entrance. The applicant has revised the MDP since the Planning Commission Meeting on July 7, 2004 to comply with Section 165-29. A (12), which requires that the entrance align across from Spanish Oak Road where the existing curb -cut is. The Planning Commission's denial of the applicant's waiver to this requirement necessitated this change. The proposed streets within the development are private streets. Landscaping, Buffers & Trails: The proposed preliminary master development plan shall provide an 80' road efficiency buffer along Tasker Road (Route 642), a 100' common shared residential shared buffer adjacent to the north property line, and a full screen along the eastern property line. These buffers are in addition to the landscaping requirements of the Frederick County Zoning Ordinance, both 165-36 and 165-27.E (11). The full screen along the eastern property line is not required by the Zoning Ordinance, because the adjoining property is not residential. However, the applicant has provided this screen upon recommendation by staff. The Greenwood Baptist Church has just recently submitted a site plan for a church on the property to the east. The proposed development shall also provide a six foot asphalt bike path along Tasker Road (Route 642) as planned by the Frederick County Bicycle Plan, found in the 2003 Comprehensive Policy Plan, page 7-16. The revised MDP has the trail within the inactive portion of the road efficiency buffer as requested by staff. It has also been clarified on the plan that the trail shall have an asphalt surface material. Planning Staff Comment: The Department of Parks & Recreation recommends that all bike trails be made ten feet in width to meet the Federal Highway Administration and American Association of State Highway and Transportation Officials guidelines. It may be appropriate for the applicant to provide a ten foot wide bike trail, rather than the proposed six foot wide trail. MDP #08-04, The Townes At Mosby Station September 8, 2004 Page 6 PLANNING COMMISSION SUMMARY & ACTION OF THE 07/07/04 MEETING: Six adjoining property owners spoke in opposition to townhouses at this location. They did not believe townhouses were compatible with their existing single-family home neighborhood; they were concerned about the possible impact to their property values; they were concerned about the possible negative impact to their quality of life by having a multi -family neighborhood so close on the adjoining property. Some of the property owners mentioned that they were told when they purchased their property that the only possible use for the two -and -one-half acre parcel would be a small business or doctor's office. Water run-off problems were mentioned, as well as the height of the proposed townhouse units. The applicant was aware of the existing drainage problems and assured the Commission of his intent to provide adequate stormwater management. The applicant said that during the design of this project, they sought to align their access with Spanish Oak, but could not make their project work. Moving their entrance as far to the east as possible gave them a workable project and allowed them to meet entrance spacing requirements as well. Members of the Planning Commission had concerns about the compatibility of townhouses at this location. They also raised safety concerns about the location of the proposed entrance, due to sight distance and traffic congestion. Commission members noted that sufficient information had not been submitted to show the impacts projected for 18 townhouses and the traffic that would be generated in order to justify relocating the entrance. The Planning Commission unanimously recommended denial of the entrance waiver request and thereby recommended denial of the master development plan on the basis of nonconformance with the ordinance. (Please note: Commissioners Watt, Ours, and Light were absent from the meeting.) STAFF CONCLUSIONS FOR 09/01/04 PLANNING COMMISSION MEETING: This preliminary master development plan proposes up to 17 townhouses on approximately two and one half acres of land zoned RP (Residential Performance) District. This plan is a revision of the plan the Planning Commission recommended denial of during their meeting on July 7, 2004. The denial of the applicant's access waiver request by the Planning Commission necessitated that the applicant revise the MDP so the entrance aligns with Spanish Oak Road, as required by the Zoning Ordinance. The revision appears to meet all County requirements for a master development plan. Staff comments that it may be appropriate to increase the width of this trail to ten feet in order to meet the standards of the Department of Parks and Recreation. All of the issues identified by staff, as well as those issues brought forth by the Planning Commission, should be appropriately addressed prior to a recommendation to the Board of Supervisors. MDP 408-04, The Townes At Mosby Station September 8, 2004 Page 7 PLANNING COMMISSION SUMMARY AND ACTION OF THE 09/01/04 MEETING: The staff reported that the applicant has relocated the entrance to align with Spanish Oak Drive; therefore, this revision will meet the requirements of the zoning ordinance. In addition, the applicant has addressed the Parks & Recreation Department's requirement for a ten -foot wide bicycle path along Tasker Road, in lieu of the six-foot width proposed earlier. Six adjoining property owners spoke in opposition to placing townhouses at this location. They believed their quality of life would be affected because townhouses would not be compatible with their existing single-family neighborhood and the appearance of three -level townhouses towering over their single-family homes would be unsightly. Possible impacts to drainage and storm management concerns were mentioned. Other reasons stated were: concern for the safety of children due to the proximity of Tasker Road; poor sight distance at the proposed entrance; and concern for how a two -and -one -half -acre parcel could accommodate the density of three townhouse structures, parking, roads, and a bike trail. Members of the Commission believed that three -level townhouses would not be compatible with the existing single-family area. They recognized the importance of townhouses as a residential solution, but believed placement needed to be in conformance with the surrounding area. Traffic concerns were also a major issue. The Planning Commission recommended denial of the master development plan by the following majority vote: YES (TO DENY): Straub, Gochenour, Watt, Light, Thomas, Ours, Rosenberry NO: Unger, Morris, DeHaven, Kriz, Fisher (Please note: Commissioner Triplett was absent from the meeting.) U MDP#08-04 - Townes At Mosby Station (PIN: 75M - 2B - 8A) Master Development Plan APPLICATION MASTER DEVELOPMENT PLAN 1. Project Title: -THC Towv's HT M05 Y S i nc,"J 2. Owner's Name: -�-1 U r� j'Y1A�! nJ S'Tt2EE-T (Vl t DI E-rocu►v 12 645 (Please list the names of all owners or parties in intrest) 3. Applicant: Address: Phone Number: '1, tic - Address: Design Company: W I (,t i R rnn H G �� H 4x t F�` s Address: 2 LvEsT I'Icc�+����YT 'emu iTE R. Phone Number: �a4v — 54 — 3 ? Contact Name: CtquT PA V-9, Page 11 Frederick Coun Vir inia Master Development Plan Application E!! e APPLICATION cont'd MASTER DEVELOPMENT PLAN 5. Location of Property: h.,l�fZ.-T�-1TF1s��. OF, 1WILf-9, Soff" 6. Total Acreage: 7. Property Information: M' a) Property Identification Number (PIl�: b) Current Zoning: UFl-�A ter. c) Present Use: 1g TbwNkous�s d) Proposed Uses: e) Adjoining Property Information: , C- ,qT 7-RCHEa Property Identification Numbers Property Uses North South East West f) Magisterial District:07& 8. Is this an original or amended Master Development Plan? Original V Amended I have read the material included in this package and understand what is required by the Frederick County Department of Planning and Development. I also understand that the master development plan shall include all contiguous the submis 'on of d under my master development plan or common ownership. All required material will be complete prior to application. Signature: Gc. Date: z Page 12 0 Frederick County, Virginia Master Development Plan Application Package Adjoining Property Owners MASTER DEVELOPMENT PLAN Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 1st floor of the Frederick County Administration Building, 107 North Kent Street. ATAAAT ADDRESS / PROPERTY NUMBER Name Address Property # 10AP-VItJ 9, + PATRI- -011`1 120C) MACL-DW:.1iA (_ijuuO R1 w7'T:►�i� ' 7S7M 2 V57 -�--OtL�' N1 ..t.. � �•-J l� N � ICI , 121. `d° ii i� �.1� C�UN.� �"1 �..I-1 U �tU�} (i ,� si �' PWfit� rn.:x z I�Rr°i L\/ Ll) + 3T,C-PH/1N,4 u, 1-_z L.� 1220 MA CED'EA)J a C HU0,0i ?-D s�P/4r-N cv: �SA'1 - 2 e L,- 3 \,,J I: Strl �i t DENTSE"I L)Oi3bS I22 MPCEPW.:fA C-HG(L(,}i R Slf.P6PP:Ntx1 WiLLROM Wi'r" + 1232 MA( r:: WPX'I C.H"Q CJ4 ab*5rkP'r4"" ' wi-UTAM J. CLEMTN7"---. I23$ IVIAaD0WXA CHURCH Ri> Sr -PP':'M cxrf Page 18 rx, 7 Wi 11 0 Frederick County, Virginia Master Development Plan Application Package Name R 0 1) VJ E") Address 12-Ti MACIFDOI,)Vq QIQOJ�H PD, ProPertY # 7) 5 M - 2 B JAZE30, TWC, P.(), boX 4f 75M - I- [3 :5/)M U.17- 1. E, MnQ\l PL4311R,'S 252 mn(-j.'L)Dr4#) CliWrkLjJ fqb, S7XWj% CXry S A - ) 09 C, ..P.,), 6ox,99,y .L)A\J,:L"D WAYNV + JUD.-ral W.-P, W11-17Wk JoS f3>W-71c)Q (�WH AVfl 1 -1 -12 MXCHAF . L A + lo-3 BL47*7-C*J SL4514 AVV HOECAST I I I M 0 (4N TrA N 9 S 14 UT, -i- lo-) -7.5 I:f 2-- 09 MOLAPIANI /-13JI -75L-- I- 4 j�-EMpr-aOf fq� -SL)L--j'QSKI/ Q, T*/6(Zf,-T-T 103 M(>Uwj,;qN CIT, A -90 Paae 19 William H. Gordon Associates, Inc. To Frederick County Planning Attention: Erick Lawrence 107 N. Kent Street Winchester, Va 22601 ❑County No./❑Town No. • 24 West Piccadilly Street Suite A Winchester, Virginia 22601 540-542-1737 (fax) 540-542-1923 Date September 14, 2004 Shipped Via Courier Plan Name Mosby Station Project No. 2112-0101/Task No. Subject Master Plan/Board of Supervisors From Claus Bader We are sending you ® Print(s) ❑ Correspondence(s) ❑Electronic Media ❑ Originals ® Submission ❑ 1s` ❑ 2nd ❑ 3rd ❑ Other Copies Date Description 24 8/4/2004 Master Plan for Board of Supervisors Meeting Package These are transmitted Lf For your use U As requested N For approval U For review and comment ❑Other Comments INTERNAL PLAN PROCESSING USE ONLY. Project Name Description Notes: Signature of Receipt. Date cc: Documenll Engineers • Surveyors • Land Planners Landscape Architects M_ cri William H. Gordon Associates', Inc. June 14, 2004 Frederick County P1amling Commission 107 North Kent Street Winchester, VA 22601 Re: The Townes At Mosby Station Waiver of Section 165-29-A-12 Dear Commissioners, 24 W. Piccadilly Street, Suite A Winchester, Virginia 22601 540-542-1737 (fax) 540-542-1923 On behalf of our client, AMB Builders, LLC, we hereby request a waiver of Section 165- 29-A-12 of the Zoning Ordinance. This Section pertains to motor vehicle access. The specific subsection (A-12) states that "New driveways shall align with existing or planned driveways, crossovers, turn lanes or other access features". Section 165-29-B-1 states that " The Planning Commission may allow other means of motor vehicle access which do not meet the above requirements". We are requesting this waiver to allow us to relocate the existing entrance off of Tasker Road approximately 310 feet west of it's current location. Please refer to the master plan for this project for details of the relocation.. The odd shape and small size of the parcel require the relocation of the entrance in order to achieve a balance between aesthetics, safety, and good site design and lot yield. This new location has been reviewed and approved by VDOT as indicated by their approval of the master plan. In addition, the entrance being proposed is not for a driveway but is the entrance to a new subdivision that is served by a private street. Based on the above, we hereby respectfully request that this waiver be granted so that the project can continue to move forward. Please feel free to call should you have any questions or require any additional information. Sin rel , ordon Associates, Inc. Claus Bader, P.E. Director of Engineering Cc: Brian Martin Engineers • Surveyors • Land Planners 9 Landscape Architects C1 • JUN A 4 Z004 FREE ERICK CCUN,"',' PLANINENG & rXIVELOPIVEINT William H. Gordon Associates, Inc. To Frederick County Department of Planning Attn: Jeremy Camp ❑County No./❑Town No. • 24 West Piccadilly St. Suite A Winchester, Virginia 22601 540-542-1737 (fax) 540-542-1923 Date 6-14-04 Shipped Via Hand Plan Name The Townes at Mosby Station Project No. 2112/Task No. 0101 Subject MDO From Claus Bader, P.E. We are sending you ® Print(s) ❑ Correspondence(s) ❑ Submission ❑ 1s` ® 2"d ❑ 3`d ❑ Other ❑Electronic Media ❑ Originals Copies Date Description 46 6-14-04 Revised Master Plan 1 6-14-04 Comment response memo 1 6-14-04 Waiver request 1 Printout from Commissioner of Revenue Office These are transmitted L_] For your use U As requested U For approval U For review and comment [—]Other Comments Please note that the property owner's name is spelled AMB Builders, not AMP Builders. Thanks ECFEIV�. JUN 1 4 2004 �i FREDERICKCOUNTY PL �NNINr ' ?IAENT P. INTERNAL PLAN PROCESSING USE ONLY Project Name Description Notes: Signature of Receipt Date cc: Documenll Engineers • Surveyors • Land Planners • Landscape Architects mr William H. Gordon Associates, Inc. June 14, 2004 County of Frederick Department of Planning and Development Attn: Mr. Jeremy F. Camp 107 N. Kent Street, 2nd Floor Winchester, VA 22601-5000 24 W. Piccadilly Street, Suite A Winchester, Virginia 22601 540-542-1737 (fax) 540-542-1923 Reference: 2nd Preliminary Master Development Plan Review Comments The Towns At Mosby Station Property Identification Number (PINs) 75M-2-13-8A Dear Mr. Camp: The following is our response to your comment letter, dated June 4, 2004. Comment 1: Adjoining Parcel. The zoning district information of the parcel identified by PIN 75M-A-104C, owned by the Plasters, is shown incorrectly. The correct zoning for this parcel is RP (Residential Performance). Please change as necessary. Response: The adjoining parcel 75-A-104C, previously owned by the Plasters, now owned by the Trustees of the Greenway Baptist Church is shown as RA when performing the inquiry function on the County G.I.S. system and as RA according to the County Assessment Office. We have changed the zoning designation to RP as requested, however, we hereby request that the County research the zoning history of this property and inform us of when and how this property received the RP zoning designation. We request this answer in writing. Should the zoning be determined to be RA, we reserve the right to revise the master plan to incorporate the correct zoning. Comment 2: Eastern Buffer & Screen: Please provide a buffer and screen adjacent to the east property line. Staff will be recommending that the Planning Commission require landscaping along this property line as specified in Section 167-37 B (3). Response: In light of our response to Comment #1, we have added a common and shared buffer along the eastern property line but reserve the right to remove the buffer should the zoning of the adjoining property be determined to be RA. Comment 3: Right Turn Lane: Please show the right turn lane with a 150' taper and a 100' deceleration lane, as well as any required r-o-w, as required by VDOT's comment letter dated February 23, 2004. Engineers • Surveyors • Land Planners • Landscape Architects County of Frederick • 0 Department of Planning and Development Attn: Mr. Jeremy F. Camp RE: The Towns At Mosby Station June 14, 2004 Page 2 Response: The right turn lane is now shown as requested. Comment 4: Sidewalk/Bike Trail. Please provide additional r-o-w to VDOT for the purpose of a possible future bicycle trail if adequate r-o-w does not currently exist. Response: Additional right of way not required. Comment 5: Typical Buffer and Screening Details: Please provide a notation beside the typical buffer and screening details for the required residential separation buffer and road efficiency buffer specifying who will be responsible for the planting of the required trees and installation of the required screen (developer) and whom will be responsible for maintaining these features (developer/HOA). Response: Note added as requested. Comment 6: Open Space: Please label all proposed open space areas so the location of the proposed open space is apparent. Open space may not include areas for roads, travel lanes, parking spaces, maneuvering areas, or yard areas of lots. Response: Open space has been shaded and labeled. Comment 7: PIN. The PIN/Tax ID number should be labeled with a dash between the 2 and the B. Please modify the PIN reference as follows: 75M-2-B-8A. Response: PIN number revised as requested. Comment 8: Revision. Please document the revision date of the plan where changes were made to address planning comments. Response: Revision — date added. Comment 9: Entrance Location. Staff is still interested in determining whether or not an entrance could be established which intersects wit the existing entrance for Autumn Glen and America House; and if such an entrance would be preferable to the proposed entrance. Your response to our first comment regarding this was that the proposed entrance is necessary to facilitate this development. This response is unclear to staff. Wouldn't an entrance across from the existing entrance on the south side of Tasker "facilitate" this development also? Generally, I believe it is considered County of Frederick • 0 Department of Plarming and Development Attn: Mr. Jeremy F. Camp RE: The Towns At Mosby Station June 14, 2004 Page 3 good planning practice for the purpose of providing better traffic management to have entrances line-up together. Response: In general, I agree that aligning entrances is the best planning practice when feasible. In this case, aligning the entrances prevented the optimum placement of the units on the property; therefore a new entrance that meets VDOTS entrance spacing requirement was necessary. Please see the attached waiver request. Should you have any questions in regard to these responses, please feel free to contact me. Sincerely,A Williai%r HI/Gordon Associates, Inc. Claus S: Bader, P.E. Director of Engineering Winchester Office CSB:sm Cc: AMB Builders 7705 Main Street, Middletown, VA 22645 0 0 jU�j 1 4 Z004 'PLANINiNG B. 1-131-o�' =i-��-N-I'l 211i i Print Key Output Page 1 5722SS1 V5R2M0 020719 FRCK40 06/07/04 10:45:57 Display Device . . . . . . DSP46 User . . . . . . . . . . . COUNTER 03 FRD FREDERICK CO Property Card Inquiry SHAWNEE Rec# 28994 1 Map# 75 A 104C TRUSTEES OF THE GREENWAY BAPTIST CH Improvement Descriptions: Exterior: Found CONCRETE Occupancy DWELLING Walls VINYL No. Story 2.00 Roof Type HIP Age 053 1948 Eff Age Roofing ASPHALT Cond G Interior: No Rooms 9 Class C Bd Rooms 4 Zoning RA No Baths 1 No Units No 1/2 Bths 1 JGRM Walls DRYWALL At Home C 12/14/1999 Floor WOOD CARPET TILE Neighborhood: 0001 Heat F. AIR Fuel: ELECTRIC A/C: N % SF Fireplace Utilty Value: 4,000 Flue Basemt 1/2 -.Fin Fin Rate Garage NONE No cars Carport NONE No Cars Blt In Garage No Cars Garage2 No Cars 00 Site: Right of Way PUBLIC Water WELL Gas N Easement PAVED Sewer SEPTIC Elec Y Terrain ON Char ROLLING/SLOPING Othr Desc 0.25 Remarks Enter Next Screen F1 Return to Search F3 Exit F12 Next Record F24 More Keys 0 92' ti �GE�' 8�,. �gAJ ®Lrl�O� Townes At MosbyStation Winchester, Virginia All Recreation of Virginia, Inc.Tow 20609 Gordon Park Square, Suite 190 Ashburn, Virginia 20147 WING ND. TownesMS1 DATE 5/4/04 SHEET 1 of 1 SCALE: DRAWN eY: Mack Palmer XGWS William H. Gordon Associates, Inc. June 14, 2004 Frederick County Plam- ing Commission 107 North Kent Street Winchester, VA 22601 Re: The Townes At Mosby Station Waiver of Section 165-29-A-12 Dear Commissioners, 24 W. Piccadilly Street, Suite A Winchester, Virginia 22601 540-542-1737 (fax) 540-542-1923 On behalf of our client, AMB Builders, LLC, we hereby request a waiver of Section 165- 29-A-12 of the Zoning Ordinance. This Section pertains to motor vehicle access. The specific subsection (A-12) states that "New driveways shall align with existing or planned driveways, crossovers, turn lanes or other access features". Section 165-29-B-1 states that " The Planning Commission may allow other means of motor vehicle access which do not meet the above requirements". We are requesting this waiver to allow us to relocate the existing entrance off of Tasker Road approximately 310 feet west of it's current location. Please refer to the master plan for this project for details of the relocation. The odd shape and small size of the parcel require the relocation of the entrance in order to achieve a balance between aesthetics, safety, and good site design and lot yield. This new location has been reviewed and approved by VDOT as indicated by their approval of the master plan. In addition, the entrance being proposed is not for a driveway but is the entrance to a new subdivision that is served by a private street. Based on the above, we hereby respectfully request that this waiver be granted so that the project can continue to move forward. Please feel free to call should you have any questions or require any additional information. ISin rel , W' 1' H ordon Associates, Inc. Claus Bader, P.E. Director of Engineering Cc: Brian Martin Engineers • Surveyors 9 Land Planners 9 Landscape Architects COUNTY of FREDERICK w � Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 August 4, 2004 Mr. Claus Bader, P.E., Agent for AMP Builders William H. Gordon Associates, Inc. 24 West Piccadilly Street, Suite A Winchester, Virginia 22601 RE: Review Comments of Preliminary MDP #08-04 The Townes At Mosby Station Property Identification Number (PINS) 75M-2-B-8A Dear Claus: The purpose of this letter is to provide you with a list of Staff s comments regarding the preliminary MDP for The Townes At Mosby Station. This MDP has been revised since the Planning Commission meeting on June 21, 2004, where the Planning Commission denied the proposed alternative access location for the proposed entrance off of Tasker Road (Route 642). The revised plan has been changed to align the proposed entrance with the existing entrance on the south side of Tasker Road. As a result of this change, minor changes to the plan have also been made, including a reduction from 18 townhouses to 17 townhouses. Staff s comments are as shown below. Review Comments: 1) Adjoining Parcel Ownership. Please change the reference to the owner of parcel 75-A- 104C. The current plan indicates that the owner of this parcel has changed to Greenwood Baptist Church. Consequently, a site plan for a church has been submitted to the County for this property. 2) Privacy Fence. Please label the proposed six foot privacy fence as a six foot tall opaque board -on -board fence in the typical residential separation buffer detail and the MDP illustration. 3) Sidewalks To Recreational Area. Please show a sidewalk to the proposed recreational area in the northeastern corner of the property as well. 4) Bike Trail. Please specify that the proposed bike trail shall consist of an asphalt surface material. 5) Owner's Signature. Please ensure that the property owner signs all copies of any future plan submission or correspondence. 107 North Kent Street • Winchester, Virginia 22601-5000 { Page 2 Review Comments of Preliminary MDP #08-04 Mr. Claus Bader, P.E. August 3, 2004 6) Revision Dates. Please note all future revision dates on the plan. 7) Agency Comments. Please provide revised agency comments from VDOT and the Fire Marshal. Please do not hesitate to contact me if you have any questions regarding this letter. Sincerely, 14�emy F. Camp, Planner II JFC/bad TRANSMISSION VERIFICATION REPORT TIME 08/04/2004 09:43 NAME FRED CO PLANNING DEP FAX 5406656395 TEL 5406655651 SER.# BROC2J178677 DATEJIME 08/04 09:42 FAX NO./NAME 95421923 DURATION 00:00:45 PAGE(S) 03 RESULT OK MODE STANDARD ECM TO COMPANY: FAX #: a.m. COUNTY of FP.EDFRICK Department of Planning and Development 107 North Dent Street, Suite 202 • Winchester, Virginia 22601-5000 Telephone: 540/665-5651 FAX:540,1665-6395 FAX TRANSMISSION Date: v Number of P ges inc uding cover sheet): • COUNTY of FREDERICK Department of Planning and Development 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Telephone: 540/665-5651 FAX:540/665-6395 FAX TRANSMISSION TO C�Z�r17E1,04y i FAX #: Remarks: Date: Number of P ges (including cover sheet): Fro t desk of: William H. Gordon Associates, Inc. June 1, 2004 County of Frederick Department of Planning and Development Attn: Mr. Jeremy F. Camp — Planner II 107 North Kent Street Winchester, VA 22601-5000 RE: The Townes at Mosby Station MDP Dear Mr. Camp: The following is our response to your comment letter, dated March 10, 2004. 24 W. Piccadilly Street. Suite A Winchester, VA 22061 540-542-1737 (fax) 540-542-1923 Comment 1 - Magisterial District: The subject parcel is located in the Shawnee Magisterial District, not the Opequon Magisterial District. Response: The magisterial district has been corrected. Comment 2 - Adjoining Parcels: Please provide the zoning district information and use of the parcel identified by PIN 75M-A-104C, owned by the Plasters. Please provide all adjoining property information for the parcel located southeast of the subject parcel, across Tasker Road. Response: Adjoining owner information has been added as requested. The property across Tasker Road is owned by the Autumn Glen Homeowners Association. Comment 3- Location Map: Please show Warrior Drive on the location map. Response: Warrior Drive has been added as requested. Comment 4- Entrance Location: Why is the existing entrance being relocated to the north? It would be more logical to keep the entrance at its current location so it intersects with the entrance across Tasker Road. Response: The entrance is being relocated to facilitate the development of the property. VDOT has reviewed and approved the relocation of the entrance as indicated on their master plan approval letter. Engineers • Surveyors • Land Planners • Landscape Architects County of Frederick Department of Planning & Development Attn: Jeremy F. Camp — Planner II June 1, 2004 Page 2 Comment 5 — Typical Buffer and Screening Details: Please provide typical details of the proposed buffer and screening for the road efficiency buffer and residential separation buffers. Response: Buffer detail now shown. Comment 6 — Front BRL: Please merge the front BRL with the 40' inactive road efficiency buffer, as the 5' area between the required front setback (35') and this inactive buffer can not be built on. Response: The front BRL has been merged with the 40' inactive buffer as requested. This is being done under protest as the zoning ordinance clearly states that the front DRL is 35 feet and is a completely separate requirement from the 40 foot inactive buffer, the correct way to show these features is to have both lines shown on the plan. Comment 7 — Location of Recreational Unit: Please show the location and type of recreational unit proposed. Response: The location and type of recreational unit are now shown. Comment 8 — Residential Separation Buffer: Please rename the proposed "Distance Buffer' to a "Residential Separation Buffer'. This buffer appears to be a proposed shared buffer with the adjoining single family residences. Therefore, please provide the shared buffer agreement information and recorded plat, as referenced in the Project Summary Section. A shared buffer agreement should indicate who is responsible for planting all required landscaping and who is responsible for maintaining this landscaping. . Response: The distance buffer has been renamed as requested even though the recorded plat that created the buffer calls it out as a distance buffer. The applicant for this project will be responsible for planting and maintaining the landscaping. Please see the attached zoning determination request. No agreement is required for this buffer. Comment 9 — Eastern Buffer & Screen: Please specify the type of buffer and screen that will be provided adjacent to the east property line, which adjoins the parcel owned by the Plasters? Response: No buffer is proposed — please see the zoning determination request and response from the zoning administrator (copies included). Comment 10 — Sidewalk: Please provide an area along Tasker Road for the possible future bicycle/pedestrian trail facility recommended by the Frederick County Bicycle Plan, found in the Comprehensive Policy Plan (page 7-16). Engineers • Surveyors • Land Planners • Landscape Architects County of Frederick Department of Planning & Development Attn: Jeremy F. Camp — Planner II June 1, 2004 Page 3 Response: A future sidewalk/bike path is shown along Tasker Road as requested. Comment 11 — Length of Proposed Private Street: Please provide the length of the proposed private street from its intersection with Tasker Road. Response: The length of the private street is 480 feet from the intersection with Tasker Road. Comment 12 — Maximum Gross Density: The maximum gross density allowed for townhouses is 8.0 units per acre, not 10.0 units per acre. Please correct the note on the plan to accurately reflect this requirement. Response: Density revised as requested. Comment 13 — Utilities: Please clarify the location of all proposed utilities, such as, gas lines, water lines, sewer lines, and electric lines. Please provide a statement indicating that all new utility lines shall be placed underground. Response: A note has been added requiring all utilities be placed underground and the location of the new water/sewer main are now shown on the plan. In addition to the above revisions, we are including request for comment sheets from all of the requested agencies and from Parks & Recreation and the Town of Stephens City. We have also included the completed application, signed by the owner and the requested fee. With respect to the Limited Power of Attorney form, the property owner has signed the application and master plan; therefore the Power of Attorney form is not needed. Please check with the County Attorney with respect to the use of this form when the property owners have signed all of the documents. Should you have any questions in regard to the above, please feel free to contact me. Sincere) , Willia or n Associates, Inc. Claus S. Bader, P.E. Director of Engineering Winchester Office CSB: sm Engineers 9 Surveyors 9 Land Planners 9 Landscape Architects 0 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 June 4, 2004 Mr. Claus Bader, P.E., Agent for AMP Builders William H. Gordon Associates, Inc. 24 West Piccadilly Street, Suite A Winchester, Virginia 22601 RE: 2"d Preliminary Master Development Plan Review Comments The Townes At Mosby Station Property Identification Number (PINS) 75M-2-B-8A Dear Claus: FAX: 540/ 665-6395 9 fill COPY I have reviewed the modifications to the preliminary MDP for the Townes at Mosby Station. These changes have raised additional comments, which are specified in this letter. In order to tentatively schedule the preliminary MDP for the Townes at Mosby Station for the July 7, 2004 Planning Commission Meeting, please adequately address each of the comments listed below and provide copies to staff by the June 14t' cut-off date. Preliminary Review Comments: 1) Adjoining Parcel. The zoning district information ofthe parcel identified by PIN 75M-A-104C, owned by the Plasters, is shown incorrectly. The correct zoning for this parcel is RP (Residential Performance). Please change as necessary. 2) Eastern Buffer & Screen. Please provide a buffer and screen adjacent to the east property line. Staff will be recommending that the Planning Commission require landscaping along this property line as specified in Section 165-37 B (3). 3) Right Turn Lane. Please show the right turn lane with a 150' taper and a 1 00'deceleration lane, as well as any required r-o-w, as required by VDOT's comment letter dated February 23, 2004. 4) Sidewalk/Bike Trail. Please provide additional r-o-w to VDOT for the purpose of a possible future bicycle trail if adequate r-o-w does not currently exist. 5) Typical Buffer and Screening Details. Please provide a notation beside the typical buffer and screening details for the required residential separation buffer and road efficiency buffer specifying whom will be responsible for the planting of the required trees and installation of the required screen (developer) and whom will be responsible for maintaining these features (developer/HOA). 107 North Kent Street - Winchester, Virginia 22601-5000 Page 2 Mr. Claus Bader, P.E., Agent for AMP Builders June 4, 2004 6) Open Space. Please label all proposed open space areas so the location of the proposed open space is apparent. Open space may not include areas for roads, travel lanes, parking spaces, maneuvering areas, or yard areas of lots. 7) PIN. The PIN/Tax ID number should be labeled with a dash between the 2 and the B. Please modify the PIN reference as follows: 75M-2-B-8A 8) Revision. Please document the revision date of the plan where changes were made to address planning comments. 9) Entrance Location. Staff is still interested in determining whether or not an entrance could be established which intersects with the existing entrance for Autumn Glen and America House; and if such an entrance would be preferable to the proposed entrance. Your response to our first comment regarding this was that the proposed entrance is necessary to facilitate this development. This response is unclear to staff. Wouldn't an entrance across from the existing entrance on the south side of Tasker "facilitate" this development also? Generally, I believe it is considered good planning practice for the purpose of providing better traffic management to have entrances line-up together. Please also note that revised comments from Public Works are necessary prior to administrative approval to ensure that the provided notation on the plan regarding drainage is adequate to address the concerns expressed in their review letter dated March 31, 2004. Staff will need 46 copies of the plan to run for the Planning Commission Agenda and 27 for the Board Agenda. Sincerely, ��� V." ca"� Jeremy F. Camp, Planner II JFC/bad cc: A Builders, 7705 Main Street, Middletown, VA 22645 I 46 • COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 March 10, 2004 Mr. Claus Bader, P.E., Agent for AMP Builders William H. Gordon Associates, Inc. 24 West Piccadilly Street, Suite A Winchester, Virginia 22601 RE: Preliminary Master Development Plan Review Comments The Townes At Mosby Station Property Identification Number (PINS) 75M -y9-8A Dear Claus: 8 fig con Please adequately address each of the comments listed below prior to formal submission of the preliminary master development plan referenced above: Preliminary Review Comments: 1) Magisterial District. The subject parcel is located in the Shawnee Magisterial District, not the Opequon Magisterial District. 2) Adjoining Parcels. Please provide the zoning district information and use of the parcel identified by PIN 75M-A-104C, owned by the Plasters. Please provide all adjoining property information for the parcel located southeast of the subject parcel, across Tasker Road. 3) Location Map. Please show Warrior Drive on the location map. 4) Entrance Location. Why is the existing entrance being relocated to the north? It would be more logical to keep the entrance at its current location so it intersects with the entrance across Tasker Road. 5) Typical Buffer and Screening Details. Please provide typical details of the proposed buffer and screening for the road efficiency buffer and residential separation buffers. 6) Front BRL. Please merge the front BRL with the 40' inactive road efficiency buffer, as the 5' area between the required front setback (35') and this inactive buffer can not be built on. 7) Location of Recreational Unit. Please show the location and type of recreational unit proposed. 107 North Kent Street - Winchester, Virginia 22601-5000 Page 2 Claus Bader, William H. Gordon Associates, Inc. Re: Preliminary Review Comments - The Townes at Mosby Station March 10, 2004 8) Residential Separation Buffer. Please rename the proposed "Distance Buffer" to a "Residential Separation Buffer." This buffer appears to be a proposed shared buffer with the adjoining single family residences. Therefore, please provide the shared buffer agreement information and recorded plat, as referenced in the Project Summary Section. A shared buffer agreement should indicate who is responsible for planting all required landscaping and who is responsible for maintaining this landscaping. 9) Eastern Buffer & Screen. Please specify the type of buffer and screen that will be provided adjacent to the east property line, which adjoins the parcel owned by the Plasters? 10) Sidewalk. Please provide an area along Tasker Road for the possible fixture bicycle/pedestrian trail facility recommended by the Frederick County Bicycle Plan, found in the Comprehensive Policy Plan (page 7-16). 11) Length of Proposed Private Street. Please provide the length of the proposed private street from its intersection with Tasker Road. 12) Maximum Gross Density. The maximum gross density allowed for townhouses is 8.0 units per acre, not 10.0 units per acre. Please correct the note on the plan to accurately reflect this requirement. 13) Utilities. Please clarify the location of all proposed utilities, such as, gas lines, water lines, sewer lines, and electric lines. Please provide a statement indicating that all new utility lines shall be placed underground. In order to continue the review of this Master Development Plan, you will need to submit a complete MDP application, a signed and notarized Special Limited Power of Attorney Form, all review agency comments and review fee, to this department. The review fee for this application will be $1,626.52 ($1,500 base + $126.52 @$50 per acre). Once this information is received, and all review comments addressed, staff will schedule the application for review by the Planning Commission. Review comments are required from the following agencies: Frederick County Fire Marshal, Frederick County Department of Building Inspections, Frederick County Department of Public Works, Frederick County Department of G.I.S., Frederick County Airport Authority,. Frederick County Sanitation Authority, and the Virginia Department of Transportation. Please do not hesitate to contact me with questions regarding this letter. Sincerely, J emy F. Camp -Planner H JFC/bah 24 West Piccadilly St. Suite A Winchester, Virginia 22601 540-542-1737 (fax) 540-542-1923 William H. Gordon Associates, Inc. To Frederick County Parks and Recreation Date 5-12-04 Shipped Via Hand Plan Name Townes at Mosby Station Project No. 2112/Task No. 0101 Subject MDP From Claus Bader, P.E. ❑County No./❑Town No. We are sending you ® Print(s) ❑ Correspondence(s) ❑Electronic Media ❑ Originals ❑ Submission ❑ 15` ❑ 2nd ❑ 3d ❑ Other Copies Date Description 1 Revised Master Plan 1 Playground Plan These are transmitted ❑ For your use ❑ As requested ® For approval ❑ For review and comment ❑Other Comments Please approve this version of the master plan as we have incorporated all of you comments regarding the recreation area. Revised Master Plan which details playground area appears to meet County requirements. Parks & Recreation Signature and Date: Ljy4i=-yk�6/ J'(� _J f / %h INTERNAL PLAN[ PROCESSING USE ONLY Project Name Description Notes: Signature of Receipt Date cc: Documentl Enaineers • Surveyors 9 Land Planners • Landscape Architects e William H. Gordon Associates, Inc. To Frederick County Department of Planning Attn: Jeremy Camp RCEIVED JUN 1 2004 24 West Piccadilly St. Suite A Winchester, Virginia 22601 540-542-1737 (fax) 540-542-1923 Date 6-1-04 Shipped Via Hand Plan Name The Townes at Mosby Station Project No. 2112/Task No. 0101 Subject Master Plan From Claus Bader, P.E. ❑County No./❑Town No. We are sending you ® Print(s) ® Correspondence(s) ❑Electronic Media ❑ Originals ❑ Submission ❑ 1st ® 2nd ❑ 3`d ❑ Other Copies Date Description 2 Revised Master Development Plan 1 4-8-04 Fee check. 1 6-1-04 Comment response memo 1 MDP Application 1 Agency approvals 1 12-3-03 Zoning Determination letter 1 Subdivision plat 1 Deed of Purchase These are transmitted U For your use U As requested X For approval U For review and comment ❑Other Comments For your review and approval, please let me know when the planning commission date will be. Thanks INTERNAL PLAN PROCESSING USE ONLY Project Name Description Notes: Signature of Receipt Date cc: Document 1 Engineers • Surveyors • Land Planners 9 Landscape Architects Frederick County, Virginia Mmter Devdopnsent Plan Application Package APPLICATION PACKAGE CHECKLIST MASTER DEVELOPMENT PLAN This Master Development Plan application is incomplete if the items listed below are not present at the time of submission. A complete application is necessary to begin processing the master development plan, and to place it on the Planning Commission and the Board of Supervisors agendas. It is recommended that the applicant meet with a representative from the Department of Planning and Development staff when submitting applications in order to review the materials for completeness. MDP Package One set of approved comment sheets from the following agencies deemed necessary by the Department of Planning and Development staff along with any marked copies of the plan. Applicants should contact the Department of Planning and Development to determine which review agencies are relevant to their master development plan application. Virginia Department of Transportation ✓ Frederick County Sanitation Authority —� Frederick County Fire Marshal —� Department of Parks and Recreation ^� Department of Public Works Department of Planning and Development Frederick County Public Schools ✓ Inspections Department Airport Authority Health Department City of Winchester +� Town of Stephens City Town of Middletown 2. One copy of the MDP application; 3. 25 copies of the MDP on a single sheet; 4. A 35mm slide of the MDP; 5. The Application Review Fee (check made payable to "Frederick County Treasurer'); 6. One reproducible copy of the MDP (if required). Page 10 Frederick Coun Virginia Master Development Plan Application Package Request for Master Development Plan Comments Virginia Department of Transportation Mail to: Virginia Department of Transportation Attn: Resident Engineer 14031 Old Valley Pike Edinburg, Virginia 22824 (540) 984-5600 Hand deliver to: Virginia Department of Transportation 2275 Northwestern Pike Winchester, VA 22603 (540)535-1818 Please fill out the information as accurately as possible in order to assist the Virginia Department of Transportation with their review. Please attach three (3) copies of the MDP with the sheet. Applicant's Name: Claus Bader P E Aizent for AMB Builders Address: William H. Gordon Associates, Inc. 24 W. Piccadilly Street, Suite A. Winchester, VA 22601 Phone Number: 5 40-5 4 2-17 3 7 Name of development and/or description of the request: The Townes A M - 2.53 acres. Location of property: ro North side of Tasker Road, 1,300 feet East of the intersection P of Tasker Road and A or R d Virginia Department of Transportation's Comments: See attached letter from EM dated February 23, 2004 to Mr. Claus Bader with William N fnrrinn AcsnriatA&,-Inc. Page 20 • COMMONWEALTH ®f VIRGINIA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY Philip A. Shucet 14031 OLD VALLEY PIKE COMMISSIONER EDINBURG, VA 22824 February 23, 2004 Mr. Claus Bader CIO William H. Gordon Associates, Inc. 24 West Piccadilly Street, Suite A Winchester, VA 22601 Ref: The Townes at Mosby Station Route 642, Frederick County Dear Mr. Bader: JERRY A COPP RESIDENT ENGINEER TEL (540) 984-5600 FAX (540) 984-5607 The preliminary master plan for this property appears to have a measurable impact on Route 642, the VDOT facility which would provide access to the property. Due to existing traffic volumes plus those generated by this proposed site, a right turn lane consisting of 150' taper and a 100' deceleration lane will be required. Before making any final comments, this office will require a complete set of site plans, drainage calculations and traffic flow data from the I.T.E. Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization, and off -site roadway improvements and drainage. Prior to construction on the State's right-of-way the developer will need to apply to this office for issuance of appropriate permits to cover said work. Thank you for allowing us the opportunity to comment. Should you have any questions, do not hesitate to contact me at (540) 984-5611. Sincerely, Lloyd A. Ingram Transportation Engineer LAUrf Enclosure VirginiaDOT.org WE KEEP VIRGINIA MOVING • �'LC K o a a w x VIAGINIA Control number MDP04-0005R Project Name Towns at Mosby Station Address 24 W.Piccadilly Street Type Application Master Development Current Zoning RP Automatic Sprinkler System No Other recommendation Emergency Vehicle Access Adequate Siamese Location Not Identified Emergency Vehicle Access Comments Access Comments 0 Frederick County Fire and Rescue Department Office of the Fire Marshal Plan Review and Comments Date received 3/10/2004 City Winchester Tax ID Number 75M-2B-8A Date reviewed 3/11/2004 Applicant Claus Bader, P. E. State Zip VA 22601 Fire District 11 Recommendations Automatic Fire Alarm System No Requirements Hydrant Location Adequate Roadway/Aisleway Width Adequate Date Revised 3/4/2004 Applicant Phone 540-542-1737 Rescue District 11 Election District Opequon Residential Sprinkler System Yes Fire Lane Required Yes Special Hazards No Additional Comments Should these buildings be equipped with fire sprinkler systems, the location of the Fire Department Connections should be located with regard to the fire hydrant locations. Plan Approval Recommended Reviewed By Signature : �i Yes Timothy L. Welsh w � VW Title "kVg0 Frederick County, Virginia Master Development Plan Application Package Request for Master Development Plan Comments Frederick County Inspections Department Mail to: Hand deliver to: Frederick County Inspections Department 4th Floor Attn: Building Official 107 N. Kent Street 107 N. Kent Street Winchester, VA Winchester, Virginia 22601 (540) 665-5650 Please fill out the information as accurately as possible in order to assist the Inspections Department with their review. Please attach one (1) copy of the MDP with this sheet. Applicant's Name: Address: Phone Number: [y William H. Gordon Associates, Inc. 24 W. Piccadilly Street, Suite A, Winchester, VA 22601 540-542-1737 Name of development and/or description of the request: The Townes at Mosby Station an 18 unit Townhouse Development on 2.53 acres. Location of property: North side of Tasker Road. 1,300 feet East of the intersection of Tasker Road and Ay or Road Frederick County Inspections Department's Comments: M2 C o m /yi FN 7- t l Q w R co 71442 CC) - .'�Z- o V -t✓, ),�011-" u I March 31, 2004 Mr. Claus S. Bader, P.E. William H..Gordon Associates, Inc. 24 West Piccadilly Street, Suite A Winchester, Virginia 22601 RE: Master Plan Comments - The Townes at Mosby Station Frederick County, Virginia Dear Claus: COUNTY of FREDERICK Department of Public Works 540/665-5643 FAX: 540/678-0682 Upon review of the subject master plan, we offer the following comments: 1) There.is. an existing drainage channel located along the north portion of the property Downstream, this drainage channel goes under; Macedonia Church Road Because there are existing drainage issues associated with this channel: downstream, stormwater managemenfishall be requiredfor this site.'Provide a location on the master development plan and'a note tMtthese;dramage issues shall be addressed.: 2) A comprehensive review of the subdivision plan shall be performed upon its submittal. Sincerely, 0�-- �, bidcox-,-, Joe C. Wilder Deputy Director JCW/rls cc: Patrick Davenport, Zoning and Subdivision Administrator file A:\townesatmosby.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 • 0 ra-00 , I all 9r-.1 J Frederick County, Virginia Master Development Plan Application Package Request for Master Development Plan Comments W TIE V EC Department of GIS (Geographic Information Systems) FEB I "L M4 Mail to: Hand deliver to: By ---------------------- Department of GIS, Attn: GIS Manager Department of GIS 107 North Kent Street 107 North Kent Street Winchester, VA 22601 Winchester, VA 22601 (540)665-5651 (540)665-5651 The GIS Manager will review the proposed street names for this project to ensure their acceptability into the Frederick County Street Name System. Proposed street names will also be routed through the Communication Center Supervisor for renew: �'tus step will prevent duplicate street names from being entered. Please attach one copy of the plan indicating proposed names. Applicant's Name: Address: Phone Number: Claus Bader, P.E., Agent for AMB Builders William H. Gordon Associates Tnc 24 W. Piccadilly Street Suite A Winchester. VA 22601 540-542-1737 Name of development and/or description of the request: The Townes At Mosby Station - an 18 unit Townhouse Development on 2.53 acres. Location of property: North side of Tasker Road, 1,300 feet East of the intersection of Tasker Road and Aylor Road GIS Manager Comments: c rGss Ke v s 4,22L.;111e, ct�z� /_S i'PSc"�'!_-r',SL >L %fie_ �1['1�c� G17^6L!/s2�i �`�/ST�sL�• ,r�cicl/'t'SS/<cc isle%� �r' Page 21 Frederick County, Virginia Master Development Plan Application Package Request for Master Development Plan Comments Winchester Regional Airport Mail to: Hand deliver to: Winchester Regional Airport 491 Airport Road Attn: Executive Director (Route 645, off of Route 522 South) 491 Airport Road (540) 662-2422 Winchester, Virginia 22602 Please fill out the information as accurately as possible in order to assist the agency with their review. Please attach one (1) copy of the MDP with the sheet. Applicant's Name: Claus Bader, P.E. , Agent for AMB Builders Address: William H. Gordon Associates, Inc. 24 W. Piccadilly Street, Suite A, Winchester, VA Phone Number: 540-542-1737 Name of development and/or description of the request: Tl,a Townps nr Mosby Station an 18 unit townhouse development on 2.53 acres -.- Location of property: North side of Tasker Road, 1,300 feet East of the intersection of Tasker Road and Aylor Road Winchester Regional Airport Comments: o u a (^ � o f� 0 , )L-� Page 29 • WINCHESTER REGIONAL AIRPORT i SERVING THE \ TOP Of VIRGINIA / February 11, 2004 491 AIRPORT ROAD WINCHESTER, VIRGINIA 22602 (540) 662-2422 "cam Claus Bader, P.E. William H. Gordon Associates, Incorporated 24 West Piccadilly Street, Suite A Winchester, Virginia 22601 Re: Master Plan The Townes at Mosby Station Opequon Magisterial District Dear Mr. Bader: The above referenced Master Plan has been reviewed and it appears that it should not have an impact on operations at the Winchester Regional Airport as the proposed site falls outside of the airport's Part 77 surface. However the site does lie within the airport's airspace and residents could experience fly -over noise from aircraft within that area. Thank you for your cooperation and consideration in the continuing safe operations of the Winchester Regional Airport. Sincerely, +J ' a- a "'. Serena R. Manuel Executive Director Plan Re uest for Master Development Plan Comments Frederick County Sanitation Authority Hand deliver to: FMWM Mail to: 315 Tasker Road D Frederick County Sanitation Authority Stephens City, Virginia Attn: Engineer (540) 868-1061 !L0zM:P.O. Box 1877J Winchester, Virginia 22604 Please fill out the information as accurately as possible in order to assist the Frederick County Sanitation Authority with their review. Please attach two (2) copies of the MDP with the sheet. Applicant's Name: Claus Bader, P.E., A ent for AMB Builders Address: William H. Gordon Associates, Inc. 24 W. P' cadilly Street, Suite A, Winchester, VA 22601 Phone Number: 5 40-5 42-17 37 Name of development and/or description of the request: The Townes At Mosbya Station - n 18 unit Townhouse Development on 2.53 acres. Location of roe North side of Tasker Road, 1,300 feet East of the property: may= intersection of Tasker Road and A for Road Frederick County Sanitation Authority's Comments: / 5 7Rim✓/,E1-f1- y� r f "RDY/�'�'�gAS /, Fre&rick County, Virginia Master Developownt Plop Application Poeksae faster Dadon end l; Town of Stephens City Mail t • Hand deliver to: Town of Stephens City 1033 L.ocast Street Attn: Town Manager Stephens City Town Hall P.O. Box 250 Stephens City, VA Stephens City, Virginia 22655 (540) 869-3087 Please fill out the information as accurately as possible in order to assist the agency with their review. Please attach thive (3) copy of the MDP with the sheet. Applicant'BName: _c1Rj,s Hader, P.E., agent for AMB Builders Address: William H. Gordon Associates, Inc. 24 W. Piccadilly Street, Suite A, Winchester, VA 22601 Phone slumber. 540-54 2 -17 3 7 Name of development and/or description of the request: The Townes At HQsbv Station an 18 unit townhouse development on 2.53 acres LoCationofproperty North side of Tasker Road, 1.300 feet East of the intersection of Tasker Road and Ay or Road Town of Stephens City Comments: %r. rl lr G Page 31 Frederick County, Virginia Master Development Plan Application Package Request for Master Development Plan Comments Superintendent of Frederick County Public Schools Mail to: Hand deliver to: Frederick County Public Schools Frederick County Public Schools Attn: Superintendent Attn: Superintendent P.O. Box 3508 School Administration Building Winchester, Virginia 22604 1415 Amherst Street (540) 662-3888 Winchester, Virginia Please fill out the information as accurately as possible in order to assist the agency with their review. Please attach one (1) copy of the MDP with the sheet. Applicant's Name: Claus Bader, P.E., Agent for AMB Builders Address: William H. Gordon Associates, Inc. 24 W. Piccadilly Street, Suite A, Winchester, VA 22601 Phone Number: 540-542-1737 Name of development and/or description of the request: The Townes At Mosby Station an 18 unit townhouse development on 2.53 acres. Location of property: North side of Tasker Road, 1,300 feet East of the ;ntereecti.on of Tasker Road and Aylor Road County Public School Comments: //l/t.'!'�i�'/' Page 3 3 [■r E , 1VE 1 1 IEWARK.ZM Frederick County, Virginia Master Development Plan Application Package Request for Master Development Plan Comments Frederick County Department of Parks and Recreation Mail to: Hand deliver to: Frederick County 2nd Floor Department of Parks and Recreation 107 N. Kent Street 107 N. Kent Street Winchester, VA Winchester, Virginia 22601 (540) 665-5678 Please fill out the information as accurately as possible in order to assist the agency with their review. Please attach one (1) copy of the AMP with the sheet. Applicant's Name: Claus Bader. P . E . , Agent for AMB Builders Address: William H. Gordon Associates. Inc. 24 W. Piccadilly Street, Suite A, Winchester, VA 22601 Phone Number: 540-542-1737 Name of development and/or description of the request: The Townes at Mosby Station an 18 unit townhouse development on 2.53 acres Location of property: North side of Tasker Road, 1,300 feet east of the intersection of Tasker Road and Aylor Road Department of Parks and Recreation's Comments: Plan appears to offer adequate open space; however, I am not sure I can identify an area suitable for the required recreations unit. I COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 December 3, 2003 William H. Gordon and Associates, Inc. Attention: Mr. Claus Bader 24 W. Piccadilly St. Winchester, VA 22601 CERTIFIED MAIL RE: Zoning Determination- Status of Existing Buffer PIN: 75-A-104A; Zoning District RP (Residential Performance) Dear Claus: We have received your letter dated November 4, 2003, which included a request for a zoning determination pertaining to 'an existing "distance buffer" illustrated on a plat approved on January 28, 1998, and recorded in Deed Book 898, Page 479. Specifically, you requested a determination regarding the status of this buffer, if the property was developed for townhouses. Since this buffer is illustrated on an approved and legally recorded plat, the buffer cannot be removed without the recordation of a subsequent approved plat. Any subsequent plan removing the existing buffer must have approvals from all adjoining property owners, as well as Frederick County. One of the requirements of developing this property into townhouses will be to establish a residential separation buffer as provided in §165-37C(1)(a)[1]. The existing buffer is illustrated as 100 feet in width and this width is compatible with the required width of a full screen as required by the zoning ordinance. Since the existing buffer is depicted on a legally approved and recorded plat, said buffer may be used with the development of a project containing townhouses. The six foot high opaque element and the landscaping must be located on the property being developed. All other additional requirements of the zoning ordinance must be met as well, in order to develop this property as townhouses. You may have the right to appeal this zoning determination within 30 days of the date of this letter in accordance with Section 15.2-2311 of the Code of Virginia. This decision shall be final and unappealable, if it is not appealed within 30 days. Should you choose to appeal, the appeal must be filed with the Zoning Administrator and the Board of Zoning Appeals (BZA) in accordance with Article XXI, Section 165-155A(1), of the Frederick County Zoning Ordinance. This provision requires the submission of an application form, a written statement setting forth the decision being appealed, the date of decision, the grounds for the appeal, how the appellant is an aggrieved party, any other information you may want to submit, and a $250.00 filing fee. Once the appeal application is accepted, it will be scheduled for public hearing and decision before the BZA. 107 North Kent Street - Winchester, Virginia 22601-5000 0 Mr. Claus Bader Re: Zoning Determination - Status of Existing Buffer December 3, 2003 Page 2 Sincerely, PO4� I DawpA Patrick T. Davenport, C.Z.A. Zoning and Subdivision Administrator PTD/bad cc: Robert M. Sager, Opequon District Supervisor em: Roger L. Thomas and Rick C. Ours, Opequon District Commissioners Feb 11 04 05:06p Bryan Martin 540 868-6640 p.z _' F W W x Cn <rr z U) Ln U) r\ v s� 0 v •,4 • 6 mz m b 4J U&-U Michael L. Bryan 9 Court Squarc 2ed Floor Winchester, VA 0 ,+ ,A rN THIS DEED, made and dated this 9th day of January, 2004, by and between JASBO, INC., a Virginia corporation, hereinafter called the Grantor; and AMB BUILDERS, L.L.C., a Virginia limited liability company, hereinafter called the Grantee. NOW, THEREFORE WITNESSETH: That for and in consideration of the premises and the sum of Ten Dollars ($10.00), cash in hand paid, receipt of which is hereby acknowledged, the Grantor does hereby grant, bargain, sell and convey, with general warranty of title, unto the Grantee, in fee simple, the following described property, to -wit: All of that certain lot or parcel of land, together with all improvements thereon and all rights, rights of way and appurtenances thereunto belonging, lying and being situate on the northeast side of Tasker Road (Relocated State Route 642) in Opequon Magisterial District, Frederick County, Virginia, containing 2.5202 acres, designated as "Reserved Area" on that certain Plat of Mosby Station II - Section B, dated January 6, 1998, drawn by P. Duane Brown, L.S., which plat is of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 898, at Page 479; and being a portion of the lands acquired by Jasbo, Inc. by that certain Deed dated December 16, 1986, of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 634, at Page 499. Reference is hereby made to the aforesaid instruments and the references therein contained for a more particular description of the property conveyed hereby. Tax Map No.: 75M-2-13-8-A This conveyance is made subject to all easements, rights of way and restrictions of record affecting the subject property; provided, however, that the foregoing shall not be deemed in any way to reinstitute or republish any restrictions of record that may have expired orlapsed. The Grantor does hereby covenant that it has the right to convey to the Grantee; that the Grantee shall have quiet and peaceable possession of the said property, free from all liens and encumbrances; and it will grant such further assurances of title as may be requisite. WITNESS the following signature and seal: JASBO, INC. BY: C I i- i W C ci.l ' C I LZ 1,21E +(SEAL) Beverley Bi Shoemaker, President STATE OF VIRGMIA, AT LARGE, City of Winchester, to -wit: The foregoing instrument was acknowledged before me, a Notary Public in and for Feb 11 04 Ub:U 54U bby-bb4U P.J Aryan Martin to •o CD the State and Jurisdiction aforesaid, this q day of January, 2004 by Beverley B. Shoemaker, President of Jasbo, Inc. �° �,- ' , My Commission expires- .`.; V' OF x- NOTARY PUBLIC ,,THIS INSTRUMENT PREPARED BY: Michael L. Bryan, Esquire Bryan & Coleman, P.L.C. 9 Court Square, 2 d Floor Winchester, Virginia 22601 Michael L. Bryan 9 Court Square 2n° Floor Winchester, VA M LWp— cADeedsUasbo to AMB Builders Vin. =iNT_)k,i.S,^l'. Tr1i of vrT, [l 7Vas Brprt-,i:M iv .lit: on W?s r 7 °d' next) 17Rl ., Jt* SSrttii t; I 4�m« 98PC, 01475 Ope; M FINAL PLAT MMODY SUADIM M n Magisterial District Frederick! County, Virginia Rk 642 I �- Rakq! 11 RE Project vicinity Map Mea �4b 'erlck County Sanitation Authority ' p ate Wing Commission Date division Administrator rDate Cept. of Transportation Date OWNER'S CERTIFICATE The above and foregoing subdivision of the land of JASBO, Inc., as appears in e accompanying plats, is with the free consent and in accordance with the desires Jthes Qrsig owners, proprietors, and trustees, if any. Dot Date NOTARY PUBLIC 'o. Maf K1a , a Notary Public in and for the State of Virginia, at large, do certify me whose names are signed to the ^ing Owners Certificate, have acknowledged the some before me in my state. Given under my hand this 23 day of 199& My commission expires 2caoo SURVEYOR'S CERTIFICATE y certify that the land contained in this subdivision is a portion of the land conveyed J, Inc. by deed dated December 16, 1986 as recorded in the Office of the Clerk of the Court of lederick County, Virginia in Deed Book 634 at page 499. D1285 P. Duane Brown, LS. The property represented herein is shown on Frederick County rox Map 75((A)) as Parcel 104A. '� DATE: January 6, 1998 COVER SHEET FILE#: "3120pitsdwg"gObart w. difford & amodate% Inc. ENGINEERS — LAND PLANNERS SURVEYORS SHEET 15a-c Olds Que.oldDrwe 200 Barth camrme sb"t 1 OF (sw3a9a-%211s*Oda r�d� +o1 w'.`t �ywvj�eay_� 5 EXIS17NG ZONING: RA EXIS 771VG USE: VACAN r Area Summar Area in Lots 27915 Acres Area in R/W 0.3801 Acres Reserved Area 2.5202 Acres TOTAL AREA SUBDIVIDED 5.6918 Acres Nvmber of Lots 8 Average Lot Size 15,200 Sq. Ft. The Frederick County Inspections Department will require Detailed Site Plans for tots 7 & 8. CURVE TABLE CURVE RADIUS LENGTH TANGENT CHORD BEARING DELTA 1 795.00' 414906' 213 99' 41J. 26' I N337458W 30t77 48" 2 l040.00 b5.48 32.75 65.4 N,�3:3118'W 03;i628 )/4?78 M(Mby 29@919 M MI '3DATE: January 6, 7998 CURVE TABLEFILE#: '3120p1ts.dwg" gllbert tw. difford & anociates. Inr- SHEET ENGINEERS — LAND PLANNERS — SURVEYORS2 150-C Ode Q=tsId Drtw 2M North Camom Str"t OF Fndarl kWxrq, Vk*,Ja 22401 WkKtnatr. Vtyhlo 2200 5 (540) W-2115 (540) 667-2139 0 'DONIA CHURCH ROAD — VARIABLE R/W STATE ROUTE 642 i £X. PROPERTY LINE 1 (Cl?- -TO' PRESCRIPT]VE" EAS VDVr) S68 4544 "E 564.83' 25.54' 25' " HEREBY DEDICATED 82.86' 80.00' h I I o 4 p . 3 ,w 15200 SF °' 15,200 SF 3 � ' �O L100' 01STANCE Bqo! l R LIMITS lu W in w w N �LpCA� `�39 A/A,yG�— �L s � R D '344 �sg r �25, RESERVED o�Qjj Ti' R y YC71vE EA U�Q OT�' a 2.5 2 ACRES ' DISTANCE BUfFER MAYBE REDUCED t� WTiH FULL SCREEN AS PER fREDERICK ►I r4 SEE SHEET S OF S CODE CHAP7ER 165-SEC710N 165—.36. 1CTURES ARE PERMITTED ti, SEE SHEET 2 OF 5 MINi'JM FRONT---- 3 REQUIREMENTS DESIGNATED ROAD FOR CURVE TABLE. :,IDE = 10' :ZNCY BUFFER AREA. REAR = 25' All lots are single-family detached traditional. All lots are subject to a 20' Slope k Drainage Easement and a 15' Utility Easement along all rights -of -way and a AI'T1, OF 10' Utility and Drainage Easement along all property lines. P. DUANE Mosby t]rCS[iIYU®� �l4"l4li.�®� 1111 i J96 77, DATE. January 6, 1998 SCALE : 1- = 60' FILE#: "3120plts.dwg" giibert w. clifford & assoclate% Inc. _ ENGINEERS - LAND PLANNERS SURVEYORS SHEET orth Carman Sbvet 3 Fr wkjc�bwp, Vtphio 2210f tl N . Ykpk�ta 27d0f OF (seo) era -nos 0 30 50 120 (sea) ear-x1� 5 PT OK898PG0413 41 MACEDONIA CHURCH ROAD N VARIABLE R/W STATE ROUTE 642 EX. PROPERLY UNE (0,A JO' PRESCRIP771E EASEMENT% S72,53,.i6 E S68'4544 NE _ 564.8.3 97.56' )Y HEREBY a 1F0 _ _ pO�V 3500. 80. 00' nlSrANCE: -� TANCE -_ — 10'J' M' ITARV WED AREA SEWER ESMT. '2 AMES �ET5OF5 �A�� 'STANCE BUFFER MA Y BE' REDU&D `74 FULL SCREEN AS PER FR 0ERICK P9' CHAP0? 165; SEC77ON 165-36. 91.2� jro /a 0119 ry r I 410' LANDSCAPING EASEMENT N/F � N-- EXISTING NORTHERN VIRGINIA POWER COMPANY / RIGHT-OF-WAY 209 PG. BE VAC, Samuel E. & Mary R. Plasters Zoning � RA Use N Single Family Residentiol DB 552 P 48 08 781 P 1658 DB 824 P 1451 MINIMUM SETBACK REQUIREMENTS SEE SHEET 2 OF 5 FRONT = 35' FOR CURVE TABLE. SIDE = 10' REAR 25' All lots are single—family detached traditional. All lots are subject to a 20' Slope OPdo Drainage Easement and a 15' Utility Easement along all rights —of —way and a 10' Utility aa,�ndd Drainage Easement along all pjropertyy(lines. DUANE 1V�1w. by Mado l HH a Oecfleim 3 .'R� ew DATE: January 6, 1998 SCALE : 1" 60' FILE#: "3120pits.dwg" 285 gflbart w. clWord & awmciatM ine. 7, !q9$ ENGINEERS — LAND PLANNERS — SURVEYORS SHEET taa-t ale. % V%gri+ ! �� zw 4 iVR�(� (tea tee �OF 0 3o eo tzo (50) W7-1130Mot 1=131111 • L� IJHELT 3 OF 5 3 4 r v _;T ,"U Jk BK898PG0479 SEE SHEET 4 OF 5 i , 5 6 7 17S 2a' WA C 0 1— J C20' S1it11iAI SEWER /,^ to { TDRAINAGE EASEMENT/ a RESERVED AREA 2. h202 IMES ` \ 4 s � � \ �qNN ` 41 `0 £EMC/£NCY SUl7M AND/OR 'NC£ BUFFER MA Y BE REDUCED %71 fULL SCREEN AS PER FREDER/CK <70L' a1AP7D? 164-SEC77ON 165-J5. EXISTING NORTHERN VIRGINIA POWER COMPANY RIGHT -OF --WAY (EASEMENT) DB 209 PG. 100 (TO BE VACATED) t A O , r % 10' LANDSC, EASEMENT 'K f-N Samuel F. & qi Mary R. Plasters Zoning - RA ! Use N Single 1 Family Residential OB 552 P 48 OB 761 P 1668 OB 824 P 1451 1 "7ES ARE PERMITTED SEE SHEET 2 OF 5 MINIMUM SETBACK RFRONT 'VATED ROAD = 35lHREMENTS BUFFER AREA FOR CURVE TABLE. SIDE = 10' REAR = 25' All lots are single-family detached traditional. All lots are subject to a 20' Slope , ; g 0 F & Drainage Easement and a 15' Utility Easement along all rights -of -way and a Dr 10' Utility and Drainage Easement along all property lines. DUANE •.. MMODY sul elm M1 b geedelm 13 gym -, DATE January 6, 1998 SCALE : 1" = 100' 1 FILET: "3120pits dwg" 1285 giabert w. difford & assockUe, Inc. ENGINEERS - LAND PLANNERS - SURVEYORS SHEET torsi —a ads Gmem ch Dr♦re 20a North Comeren Sbod vg 22401 D 5 rR�^i (f'edarid<tb tVNIN SO 100 2 (� 4_2 OF 5 g on SX^_ddaya ]mod o ms ort,t , t9 and with cW111t:ate of attknowredgment thereto annexed wes adlbltted to record• Tax Imposed by Sec. 18.1.802 ar e_�_---- t4 11SON & JOHNSTON :OANEYSATL4W MMSTER, VIROMJfA V THIS *D OF SUBDIVISION AND RESTR&IVE COVENANTS, made and dated this a�;day of9AI!!ft, 1998, by and between JASBO, INC.. A VIRGINIA CORPORATION, of the first part, hereinafter called the DECLARANT. {l WHEREAS, the DECLARANT is the owner in fee simple of the real estate shown on that certain Final Subdivision Plat drawn by P. Duane Brown, L.S., dated January 6, 1998, known as Mosby Station II, Section B, which Final Plat is attached hereto and incorporated herein by reference as if set out in full. This is a portion of the real estate previously conveyed to the DECLARANT by that certain deed dated December 16, 1986, and recorded in the Clerk's office of the Circuit Court of Frederick county, Virginia, in Deed Book 634, at Page 499; and, WHEREAS, said real estate, as shown on the aforesaid j attached Final Subdivision Plat, has been subdivided into lots for the construction of single family homes thereon (Lots 1 through 6, inclusive), and the hereinabove Final Plat shows accurately the metes and bounds of the subdivided land, together with the dimensions of each Lot thereof and also sanitary sewer easements, utility, slope, and drainage easements, all of which shall constitute a portion of that development known as Mosby Station II, Section B; and, WHEREAS, the Subdivision of Mosby Station II, Section B, as shown on the aforesaid attached Final Subdivision Plat, is with the free consent and in accordance with the desires of the undersigned DECLARANT, and the DECLARANT desires to subdivide the aforesaid real estate in accordance with the provisions of "The Virginia Land Subdivision Act" as are applicable and in force and effect as of the date of execution of this Deed of Subdivision and Restrictive Covenants. M N & JOHNSTON KEYS AT LAW &TER, MGM • NOW THEREFORE WITNESSETH: That for and in consideration of the premises and the benefits which will accrue by reason of this Subdivision, the DECLARANT does hereby subdivide all of that certain tract or parcel of land designated as Mosby Station 11, Section B, lying and being situate in the County of Frederick, Virginia, and being more particularly described by that certain Final Subdivision Plat of Mosby station 11, Section H► by P. Duane Brown, L.S., dated January 6, 1998, (containing Lots 1 through 8, inclusive) which Final Subdivision Plat is attached hereto and incorporated herein as if set out in full. ARTICLI t The single family Lots in Mosby Station II Section B, shall be subject to the following restrictions, which are constituted covenants real to run with the land: 1. All Lots shall be used for single-family residential purposes only. No detached garage or carport shall be permitted on any Lot. Any utility or other out building on any Lot shall be of the same material and construction as the main structure on such Lot. 2. No signs or advertising of any nature shall be erected or maintained on any Lot except "For Sale" signs for said Lot which signs shall not exceed five (5) square feet in area, or signs used by the DECLARANT to advertise the property during construction and sale. No "For Rent" signs shall be allowed on any Lot. 3. No power boats, mobile homes, motor homes, campers, commercial buses, trailers of any type, tractors, trucks or other motor vehicles (other than automobiles, motorcycles, pickup trucks, and 3/4 ton (or less) or vans) shall be permitted on any Lot except during the course of construction. No motor vehicle or material portion thereof, which does not have a current license and current Virginia inspection sticker shall be permitted on any Lot. -2- CS JOHNSTON 1 MYS AT CAW -TO, %MRGINIA f �i 89 ����0�.69 No commercial vehicle, unless excepted herein as to size, shall be allowed to park on any lot in said subdivision at any time, after the construction of a dwelling house has been completed. 4• No animals of any -kind (including livestockl, Poultry or birds) shall be permitted on any Lot, except that dogs, cats and other usual household pets may be kept, provided that they are not kept, bred or maintained for commercial or charitable purposes or in unusual numbers. 5. No fence or hedge shall be constructed or planted in the front nor along the side (not applicable to corner Lots) of any residence nor within twenty-five (25) feet of any street. Rear fencing and hedges shall not exceed six (6) feet in height. All fencing shall be constructed of wood, masonry or iron or PVC -material. No chain link fencing shall be allowed. 6. No noxious or offensive activities shall be carried on upon any Lot nor shall anything be done thereon which may be, or may become, an annoyance or nuisance to the neighborhood. 7. In the event that a,.dwelling is destroyed, the owner of the dwelling, within thirty (30) days from said destruction, shall clear away the remaining portion of the dwelling unit and maintain the Lot in a neat and orderly condition. $• In the event a dwelling unit is damaged, or has materially deteriorated, the owner of the unit shall immediately repair the damage or deterioration. 9. No Lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall be in sanitary containers and screened. No refuse or any container for same shall be placed or stored in front of any house, except on the date of garbage pickup, 10. No exterior clothes lines, or hanging device, shall be permitted on any Lot, except for an umbrella --type with a diameter not to exceed seven .('7) feet; provided, however, that the same may only be used in the rear of any building constructed on said Lot and the clothes line is stored within a utility building or the equivalent when the clothes line is not in use. -3- ER, VIRGINIA i I • UKa91811:110470 0, 11. Every owner shall provide his Lot with off- street parking space of at least 450 square feet, which may include all area in any driveway located on the Lot itself, to be used by the inhabitants of the dwelling house located on said Lot. Parking on theq street shall be prohibited and it is the Intent of this restriction that parking space for at least (2) vehicles be provided. All driveways must be constructed of concrete or asphalt and shall be installed per the specifications utilized by the Virginia Department of Highways. 12• All Lots are subject to the slope and Drainage Easements and Utility Easements as shown on the plat attached hereto. 13. There shall be no planting, structures, fences, shrubbery or other obstruction to obstruct vision planted or maintained on any corner Lot which rises more than three feet (31) above ground level within twenty-five feet (25') of the intersection of any street lines. 14. One-story houses shall have 1,350 square feet of living space. Two-story houses shall have 900 square feet of living space on the first floor above ground and a total living space Of 1,600 square feet. All other house configurations, such as, but not limited to, Split -Foyer, Cape Cod, saltbox, Multi -level and Tri-level shall have 1,600 square feet Of usable, finished living apace. Living space shall be computed using outside foundation measures and shall be exclusive of carports, garages and basements. Roof Pitch shall be at least 5/1211. The foundation of all houses shall have a brick veneer from the house plate to the ground surface, which brick veneer shall be on the side of the house facing the street and on the two sides of the house facing the side lines. No brick veneer is required on the side of the house facing the rear property line. In the alternative, poured concrete walls, with a brick mold, and painted, shall be allowed. IS. All Lots are required to observe any setback lines, and/or side lines and/or rear yard lines as shown on the plat attached hereto in addition to those applicable requirements of any COUNTY Ordinance. -4- 3N S JOHNSTON RNEY8 AT LAW ESTER. MRGINIA L'AdiUI`UUIf t 1 • 0 16. No building, structure, addition or exterior alteration (including basketball backboards, rims and nets) or improvements of any character, shall be constructed on any Lot or dwelling located thereon, unless the plan of construction, including quality of 41 workmanship, design, colors and materials shall have been approved in writing by the DECLARANT. Before construction can begin, all house plans must be reviewed by the DECLARANT. 17. All of the covenants and restrictions herein shall be binding and remain in full force and effect for a period of fifteen (15) years from the date of this instrument and shall be renewed automatically for additional successive ten (10) year periods, unless the Owners of a majority of Lots in Mosby Station II Section B shall, at least six (6) months prior to any such renewal date, execute and record an agreement amending said covenants and restrictions. 18. The invalidation of any one of the covenants or restrictions contained herein by judgment .or Court Order shall in no wise affect any of the other provisions which shall remain in full force and effect. The failure of the Lot Owners or the DECLARANT herein to enforce any covenants or restrictions shall not be deemed to be a waiver of the right to do so thereafter as to a default occurring prior or subsequent thereto. ARTICLE 2 EASEMENTS Section 1. Public Utility and Drainage Easements: The property described hereby is, and shall be, subject to a test (10) foot easement along all property lines for the installation of any utility and to those certain easements or rights of way designated, or to be designated, as Drainage Easements, Gas Easements and Utility Easements on the plat of Mosby Station that have been recorded or will be recorded (including the plat attached hereto). The DECLARANT does hereby grant and convey unto the COUNTY, or other agency having jurisdiction thereof, a -5_ iRISON 3 JOHN8TON ATTORNEYS AT LAXV P K t1 «`,1)G ok: 72 perpetual right of way or easement for the maintenance and repair of the aforesaid easements and any related facility designated on the aforesaid plat as Water Easements, Sanitary Sewer Easements, Gas Easements and Utility Easements. (a) The DECLARANT reserves unto itself, its successors or assigns, the right to erect, maintain, operate and replace underground telephone and electrical conduits, related equipment, and other facilities, sewer, gas, water and television lines and related equipment, and other utility equipment where such utility lines and equipment are located within the easements reserved herein or as set forth on the Final subdivision Plat of Mosby Station.II Section B. (b) The DECLARANT further reserves unto itself, its successors or assigns, for a period of five (5) years from the date hereof, a blanket easement and right.on, over and under the ground within said Subdivision to maintain and correct drainage of surface water problems in order to maintain reasonable standards of health, safety and appearance. Such right expressly includes the right to cut any trees, bushes or shrubbery, make any grading of the soil or to take any other similar action reasonably necessary, following which the DECLARANT shall restore the affected property to its original condition as near as practical. The DECLARANT shall give reasonable notice of intent to take such action to all affected owners, unless in the opinion of the DECLARANT an emergency exists which precludes such notice. Reservation by DECLARANT of such blanket easement and rights contained herein shall not, in any way, obligate DECLARANT to undertake any maintenance, repair or corrective action whatsoever and shall not impose any liability or responsibility upon DECLARANT therefore. 11 8S)IV,,0473 ARTICLE 3 GENERAL RESERVATION The DECLARANT herein reserves unto itself, for a period J1 of five (5) years, the right to amend this Deed of Dedication, provided that the single family residential nature of the subdivision shall not be changed. ARTICLE 4 Section 1. Enforcement: The Declarant, its successors or assigns, or any owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, and/or reservations, now or hereafter, imposed by the provisions of this instrument. Failure by the Declarant, its successors or assigns, or by any owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. All costs which the Declarant, its successors or assigns, or any owner shall incur in the successful enforcement of the restrictions, conditions, covenants and/oar reservations, now or hereafter imposed, shall be borne by the party against which action is taken and which costs shall include reasonable attorneys fees, costs, and damages. Sectiog 2. Sgverability: Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provision which shall remain in full force and effect. Section 3. Amendment: The covenants and restrictions of this Declaration shall run with the land and bind the land, and shall inure to the benefit of and be enforceable by the BISON & JOHNSTON Rno--.1.r -7- 11 r v n .y E'U"(1 i; i ` oeclarant, or the Owner of any Lot subject to this instrument, jJtheir respective legal representatives, heirs, successors and !assigns, for a term of fifteen (15) years from this instrument it is recorded, after which time, said covenants shall be ?i automatically extended for successive periods of ten (lo) years, it as as described under Restriction No. 17,u a s. The covenants an restrictions of this instrument may be amended during the first �lfifteen (15) year period by an instrument signed by not less It ,j than ninety percent (90%) of the Lot Owneafter, by rs, and there i4 {� an instrument signed by not less than seventy-five percent (75 }� of the Lot owners. Any amendment must be properly recorded. WITNESS the following signature and seal: SBO, INC., A VIRGINIA CORPORATION By Bowman, President { i STATE OF VIRGINIA, AT LARGE, CITY/t�Y OF /�ii%�' 7--, 2 To -Wit: L The foregoing instrument was acknowledged before me this (3Jday of ��^ 1998, by James L. Bowman, President of Jasbo, Inc., a Virgi is Corporation, on behalf of said Corporation. �. t. My commission expires E Frederick County, Virginia Master Development Plan Application Package Required Information Checklist MASTER DEVELOPMENT PLAN The following information must be included on the master development plan. If the submitted master development plan is incomplete or is missing information, it will not be reviewed and will be returned to you for revisions. Administrative Information Yes No 1. Name of proposed development. 2. Name, address, and telephone number of owner. 3. Name, address, and telephone number of developer. 4. Name, address, and telephone number of designer. 5. Signed certificate of surveyor, engineer, or architect. 6. Date plan prepared and date of revisions. !� 7. A listing of all conditions placed on the site as a result of a conditional zoning approval. Rezoning file number should be cited. 8. A space labeled "Approved by the Director of Planning and Development" for the approval signature and date of approval. 9. A space labeled "Approved by the County Administrator" / for the approval signature and date of approval. 1/ 10. Magisterial District. 11. Sheet size less than 42 inches. Page 13 Frederick County, Virginia Master Development Plan Application Package _ General Information Yes No 1. Location map (scale 1:2000). 2. Scale of the MDP is not to exceed 1:100. 3. North Arrow. 4. Legend describing all symbols. 5. Surveyed boundaries of all lots and parcels. 6. Acreage of all parcels included in the MDP. 7. Topography contour lines at acceptable intervals. hJ 8. A schedule of phases, boundary of phases, and order of development. 9. Use, zoning, and property owner of all adjoining properties. 10. Location of proposed uses (location, boundaries, arrangement). 11. Location and treatment of historic structures and sites. 12. History of all land divisions in relation to this tract. �✓ 13. Acreage, Location and boundaries of environmental features: floodplains, lakes and ponds, wetlands, natural stormwater retention areas, steep slopes, woodlands. 14. Amount and percentage of disturbed and protected land in common open space. Page 14 'f6+pald(,tyiuE:bR�/�veb fuhtlh+SR"{`S^Y.^nn..'r: _ - —� rsm.-arttcv/u.vvkfiXr�Xal.'�"a9'��,K�k"+:idLP+'6F'.�v�F _ .kraNY.xc! _. _ Frederick County, Virginia Master Development Plan Application Package Residential Development Information Yes No 1. Location and dimension of Residential Separation Buffers. 2. Acreage in common open space, in housing type, in road rights -of -way, and for the entire development (by Phase). / 3. Location and boundaries of housing types. Residential Performance (RP) dimensional requirements should be indicated. / 4. Number of dwelling units (by type, phase, and in total). 5.. Location and configuration of required recreational facilities. Statement of required and type of facilities to be provided. Infrastructure Information Yes No 1. Location of adjoining streets and utilities. 2. Location, arrangements, and right-of-way widths of roads and property access. 3. Location and arrangement of street entrances, driveways, and parking areas. / y 4. Location of entrances to the development from public streets. 5. Type of road design (rural or urban). 6. Use of inter -parcel connectors. Page 15 Frederick County, Virginia Master Development Plan Application Package V/ Other Design Information 7. Traffic impact analysis. To be submitted to the Virginia Department of Transportation. 8. Location of sewer and water mains with statements concerning the connection with and availability of facilities. 9. Location and arrangement of electric and gas utilities. Yes No 1. Location of Zoning District and Road Efficiency buffers, and examples specifying the screening to be provided. 2. Plan for stormwater management. Location of stormwater facilities. 3. Acreage of each type of environmental protection land. (Amount and percentage of disturbed and protected land in common open space.) Shown in a table format. 4. Amount, boundaries, and location of common open space. (Indicate the percentage of the entire site to be placed in common open space.) 5. Location of environmental protected areas to be included in common open space. Page 16 Frederick County, Virginia Master Development Plan Application Package County Health Department Information Yes No W 1. Statements and locations pertaining to sewer and water availability. r✓ ,q 2. Statements and locations concerning any existing pre- or post -water treatment facilities. N 3. Statements and location of any planned private treatment facilities. Page 17 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC MEETING September 8, 2004 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: MASTER DEVELOPMENT PLAN #08-04 OF THE TOWNES AT MOSBY STATION On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public meeting being held on Wednesday, September 22, 2004 at 7:15 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia. This meeting is to consider Master Development Plan 908-04 of The Townes at Mosby Station, submitted by William H. Gordon Associates, Inc., for 17 townhouses. The property is located on the north side of Tasker Road (Route 642), 1,300 feet east of the intersection of Tasker Road and Aylor Road, and is identified with Property Identification Number 75M-2-B-8A, in the Shawnee Magisterial District. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kenn Street in Winchester, Virginia. Information regarding this application will also be available via the Planning Department's Web Page at www.co.frederick.va.us. Planning Director ERL/bad A.ICP 107 North Kent Street • Winchester, Virginia 22601-5000 s- r This iVW7P that the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick County, irg nia: - - -- 75M 2 B 5 75M 2 B B-A LEBLANC, MATTHEW T& SARAH A AMB BUILDERS, LLC 7705 MAIN ST MIDDLETOWN, VA 22645 1 Clause Bader William H. Gordon, Inc. 24 W. Piccadilly St., Ste. A Winchester, VA 22601 75M -2-B- 1- ' ANDREWS, JAMES A & JACQUELINE A 1200 MACEDONIA CHURCH RD STEPHENS CITY, VA 22655.3705 75M - 2. B- 2- MANTIONE, SALVATORE W & SHANNON M 1218 MACEDONIA CH RD STEPHENS CITY, VA 22655.3705 75M - 2- B- 3- FRAZIER, BRADLEY A & FIELDS, STEPHANIE D 1226 MACEDONIA CHURCH RD STEPHENS CITY, VA 22655.3705 75M - 2- B- 4- DOBBS, WESLEY Q & DENISE Y 1226 MACEDONIA CHURCH RD STEPHENS CITY, VA 22655.3705 1232 MACEDONIA CHURCH RD STEPHENS CITY, VA 22655.3705 75M - 2- B. 6. CLEMENTS, WILLIAM J 1238 MACEDONIA CHURCH RD STEPHENS CITY, VA 22655.3705 75M -2. B. 7- BUTLER, RODNEY W & MELISSA D 1244 MACEDONIA CHURCH RD STEPHENS CITY, VA 22655.3705 75M - 2- B- 8- JASBO,INC PO BOX 480 STEPHENS CITY, VA 22655.0480 Eric Lawrence, Planning Director j Frederick County Planning Department COUNTY OF FREDERICK -- I, , a Notary Public in and for the State and County aforesaid, do ereby certify that Eric awrence, Planning Director for the Depa ment of Planning and Development, whose name is signed to the foregoing, dated , has personally appeared before me and acknowledged the same in my State add -unty aforesaid. Given under my hand this G day of My commission expires on/ a00c NOTARY P LIC 0 V4-z� 75 - A- - 104-C TRUSTEES OF THE GREENWAY BAPTIST CFI 275 DOUBLE TOLL GATE RD STEPHENS CITY, VA 22655 75 - A- - 104-F AMERICA HOUSE THREE, INC PO BOX 998 MARSHALL, VA 20116.0998 75L - 1. 1- 12- WHITMER, JUDITH W P & DAVID WAYNE 105 BUTTON BUSH AVE STEPHENS CITY, VA 22655-3446 75L - I.1. 13- WEHN, MICHAEL A & MARY ELLEN 103 BUTTON BUSH AVE STEPHENS CITY, VA 22655.3446 75L - I.1. 14- HOECHST, TIMOTHY M & JENNIFER A 111 MOUNTAIN ASH CT STEPHENS CITY, VA 22655.3445 75L - I.1. 39- RINKER, ROBERT M II & CAROL J 107 MOUNTAIN ASH CT STEPHENS CITY, VA 22655.3445 75L - 1. 1. 38- SHULTZ, MELVIN B & THELMA M 109 MOUNTAIN ASH CT STEPHENS CITY, VA 22655.3445 75L - 3- 2. 49-A AUTUMN GLEN-FREDERICK COUNTY VA HOMEOWNERS ASSOCIATION, INC 122 BAYBERRY CT STEPHENS CITY, VA 22655 75L - 2- 2- 91- SOLINSKY, EDMUND P & KIMBERLY A 103 MOUNTAIN ASH CT STEPHENS CITY, VA 22655.3445 75L - 2- 2. 90- TYGRETT, LETITIA R 103 MOUNTAIN ASH CT STEPHENS CITY, VA 22655.3445 /n %' * M .o l TO: Barbara - Data Processing FROM: Bev - Planning Dept. Please nt sets of labels by: /S THANK33111 Frederick County, Virginia Master Development Plan Application Package Adjoining Property Owners MASTER DEVELOPMENT PLAN Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 1st floor of the Frederick County Administration Building, 107 North Kent Street. 'V.T Aldr^ AnnRFSS / PROPERTY NUMBER 114I11Yll� Name ' — — Address Property # Mq�ZVIP1 R. + CATR1e:TA A-r ►20o P14e��c�:ZA� 75�►1 2 g MA C I-, Gto JIA C-t4U(ZC.H kb 51-kN :u 2 B(ZADLLY STEPHANT D. F:zI Lt�S IZ20 MACJ--DDK-L I LMUkC-)J P-D 3T.FP/4EP C%r -25A _ 2 - I,- 3 W f SL-F--•`1 Q +- UEW-T5E`/ b02,bS 122.E MAO'.'P001A GHe42(-tH RD srbr(feNU; -)5M_2-6-tI --- W >= LUAM SCOT► -f C-Hi(Z`/k V, 1232 MgC,F4o01'"I CHL40-04 (Zb5Tf?)W'"M 75-M_ 2 - � -5 .- w LLIAM J. CLEMfN-rS 1238 iIIftED0WXR C-HUR(�t{ RD STEPPEN crr,+ Page 18 Frederick County, Virginia Master Development Plan Application Package Name RUUN ty W + Address IZyy MACOW-Jt�4 C-HUOJ }j RD, Si Pf}XAl MLGrss-A b, SSLm-! 2 ProPcny# 75M - 2 - 6 - 7 JAsfso, INC, P.o, Qox L+Uo 75M SAM u F L 1 M ra2y R , PL sr Rs 1252 /�Ac� bo►fxq cr�u►+.t t+ Rb, sTPHrW crry s - A —) C)9 cl !ry'm z 27 cA I Ious E rF+a t _rAj L �. O, 60�Y; 99 75 - q - !(;HF .� JAVrD w A YN� + J u DTTH vJ . P, W H-T-i' M c 2 105 SL4-F7-DQ &rSH AVE, 5 L- 1 - 2 -12 Mx(-HA,EL is + M/I2\/ ELLEN W F-HN iu3 gu7-7-a.► PUSH Av-, -)SL. - 1 -2 - 13 'T TM OTH\/ t ENNI M 6, H O CO-6i 11 1 MoUNTZAN 9SN LT, L- 1� 2OpfR I OIL -1- rnao�- .\ aINK1 r- I o-) m ouNrvw (-T, -7SI- I - `I -39 -"" 4 109 MDLAJ WV T5A C-:) -75L,- 1 -I -3$ � 14 N LAM 6 DEN AV £ . LffzT: /� f2, Tye 2FTT 103 /►1tx.l 1'qN �JsT, cT. 7sL 1 -1 -90 �+/ 0 ✓- 7 5 � -- 3 - a. � � r)�� vl e vAnA Page 19 ,%/, P 11 -# off -O / TO: Barbara - Data Processing ��a/)F-S � A�% t l /�'� FROM: Bev - Planning Dept. Please print • sets of labels by: THANKS!!! Frederick County, Virginia Master Development Plan Application Package Adjoining Property Owners MASTER DEVELOPMENT PLAN Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 1st floor of the Frederick County Administration Building, 107 North Kent Street. 7.T A 1 dT` ATNIRRSS / PROPERTY NUMBER 1VL11V1L: Nacne - — Address property # MqkVl►J R. + C /TR1.c.IA Y. A-r ►20o P,1Ac�DoIJIA C.HUV--4i 2D STEPti 73M- 2- �- SALV�To2� W� S'Fi ►ZI g Mgc.CGvNZA CfJukCH RD rCPHrN -2sM-2-P- 2 13R�p�zy � r�DS t I2.20 MACE-DD► I I CMUO-Ui r-9 ZTFP14EP CV-" GHuRC RIJ STE-',114rNU 75M- 2 - 6 -y u LLLCA/�1 SG°Ti c,Hx2yE V, (�EgSLE•y 1232 M/�L� 4o1JIA CJ�ueLC H (�GsrrP � Y 75-M- z - �> -5 W1 LLTAM J. CLEM-W-S 123$ ,✓A.FDoNrp CHUR04 (ZD ET- P)4I-A' crN 7s-M-2-6-6 /tz Page 18 ft Frederick County, Virginia Master Development Plan Application Package Name (1 U D N k") W -f MSLzs�A D. S3uTG.F2 JAZBC), INC, )A),JlD w A yNf + `j U DT T H W. 1" In) E i-T-i' M 5 2 #1TC,HA,EL A + Mr42`/ ELL.E N w E-H N 'f IM o—rH �/ ,M + ENNr� £T?_. 0, H O ELF 2vp�R i MIL -+ J!pMLA S� P. + I�-rMJ�EQL`l /q, 50L-M zJ Kl/ LETTTVq R. T`/C-nRFrT �Dot Fly,+w�� 61e� pan Address 12-44 MA(-9DONYf} cMul2LH PD, St�PF}c�l hw-IY # 7 5 r'1 - 2- B 7 P.o, box L+$o 75M - 2 - b - '� 1252 /y?Ac.EbOW14 c.Hunc" Psb, STFPK-k) crry �5 -A -IOyG box 99 7 �5 -A - /d�F l os tiTT�►J &JSH AVE, 103 9u7-roN 3u5H AVf. 1 -2 - 13 I I M o uN TTA N /9 s N LT, �5L-1-1.-III Ion ,MduNTS��I AsF�, c.T, -75L- u� M m4jT AN 45t C-T. 75L 1 -2 -3$ I y N LAMB DFN RV . -)5L-1 -± -5) I o3 MoUwj-qN 'Q 15L-1 -1 -90 Pag,e 19 COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC MEETING August 18, 2004 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: MASTER DEVELOPMENT PLAN #08-04 OF THE TOWNES AT MOSBY STATION On behalf of the Frederick County Planning Commission, you are hereby notified of a public meeting being held on Wednesday, September 1, 2004 at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia. This meeting is to consider Master Development Plan #08-04 of The Townes at Mosby Station, submitted by William H. Gordon Associates, Inc., for 17 townhouses. The property is located on the north side of Tasker Road (Route 642), 1,300 feet east of the intersection of Tasker Road and Aylor Road, and is identified with Property Identification Number 75M-2-B-8A, in the Shawnee Magisterial District. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Information regarding this application will also be available via the Plamling Department's Web Page at www.co.frederick.va.us. Information regarding this application will also be available via the Planning Department's Web Page at www.co.frederick.va.us. Si rely, is awrence, AICP P anning Director ERL/bad 107 North Kent Street • Winchester, Virginia 22601-5000 Y This is to certify that th attached correspondence was mailed to the following on �� from the Department of Planning and Development, Frederick County, Virginia: _ 75M . 2- B- 4- 75M 2 B 8 A DOBBS, WESLEY Q& DENISE Y AMB BUILDERS, LLC 1226 MACEDONIA CHURCH RD 7705 MAIN ST STEPHENS CITY, VA 22655.3705 MIDDLETOWN, VA 22645 2- B 5 LEB LEBLANC, MATTHEW T & SARAH A � 1232 MACEDONIA CHURCH RD Claus Bader STEPHENS CITY, VA 22655-3705 William H. Gordon, Inc. - ! 75M • c.'B• 6. l 24 W. Piccadilly St., Ste./A CLF.MENTS, WILLIAM J Winchester, VA 22601GJ�L( -- 1238 MACEDONIA CHURCH RD 75M - 2- B- 1• _ STEPHENS CITY, VA 22655-3705 ANDREWS, JAMES A& JACQUELINE A 75M 2 B 7 1200 MACEDONIA CHURCH RD BUTLER, RODNEY W & MELISSA D STEPHENS CITY, VA 22655 3705 1244 MACEDONIA CHURCH RD 75M 2 B. 2 j STEPHENS CITY, VA 22655.3705 MANTIONE, SALVATORE W & SHANNON M I 75M - 2• B- 8- JASBO, INC 1218 MACEDONIA CH RD STEPHENS CITY, VA 22655.3705 PO BOX 480 ' 75M - 2- B. 3- STEPHENS CITY, VA 22655.0480 FRAZIER, BRADLEY A & FIELDS, STEPHANIE D 1220 MACEDONIA CHURCH RD STEPHENS CITY, VA 22655.3705 Q E c R. a ence, Planning Director F ederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICK I, , a Notary Public in and for the State and County aforesaid, do reby ce ify that Eric . Lawrence, Planning Director fort D pal tment of Planning and Development, whose name is signed to the foregoing, dated Y 4 V , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this ! ® � day of �j�(' p��® My commission expires on DO 75 - A- - 104-C TRUSTEES OF THE GREENWAY BAPTIST CH 275 DOUBLE TOLL GATE RD STEPHENS CITY, VA 22655 75L - 3- 2- 49-A AUTUMN GLEN-FREDERICK COUNTY VA HOMEOWNERS ASSOCIATION, INC 122 BAYBERRY CT STEPHENS CITY, VA 22655 75L - 1. 1. 38- SHULTZ, MELVIN B & THELMA M 109 MOUNTAIN ASH CT STEPHENS CITY, VA 22655.3445 75L - 2.2- 91- SOLINSKY, EDMUND P & KIMBERLY A 103 MOUNTAIN ASH CT STEPHENS CITY, VA 22655-3445 75L - 2- 2- 90- TYGRETT, LETITIA R 103 MOUNTAIN ASH CT STEPHENS CITY, VA 22655.3445 75 - A- - 104-F AMERICA HOUSE THREE, INC PO BOX 998 MARSHALL, VA 20116-0998 75L - I. 1. 12- WHITMER, JUDITH W P & DAVID WAYNE 105 BUTTON BUSH AVE STEPHENS CITY, VA 22655.3446 75L - 1. 1. 13- WEHN, MICHAEL A & MARY ELLEN 103 BUTTON BUSH AVE STEPHENS CITY, VA 22655-3446 75L - I. 1. 14- HOECHST, TIMOTHY M & JENNIFER A 111 MOUNTAIN ASH CT STEPHENS CITY, VA 22655.3445 75L - 1. 1- 39- RINKER, ROBERT M II & CAROL J 107 MOUNTAIN ASH CT STEPHENS CITY, VA 22655-3445 L COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC MEETING June 23, 2004 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNERS(S) RE: MASTER DEVELOPMENT PLAN #08-04 OF THE TOWNES AT MOSBY STATION On behalf of the Frederick County Planning Commission, you are hereby notified of a public meeting being held on Wednesday, July 7, 2004 at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia. This meeting is to consider Master Development Plan #08-04 of The Townes at Mosby Station, submitted by William H. Gordon Associates, Inc., for 18 townhouses. The property is located on the north side of Tasker Road (Route 642),1,300 feet east of the intersection of Tasker Road and Aylor Road, and is identified with Property Identification Number 75M-2-B-8A, in the Opequon Magisterial District. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Information regarding this application will also be available via the Planning Department's Web Page at www.co.frederick.va.us. Information regarding this application will also be available via the Planning Department's Web Page at www.co.frederick.va.us. Sincerely, Jeremy F. Camp Plamler II JFC/bad 107 North Kent Street • Winchester, Virginia 22601-5000 to the to certify that the attached correspondence P� m�landDev Development, Frederick This ( 9 on from the Department of g Virginia. 75M - 2- B- 7- Coun , . _ -- - BUTLER, RODNEY W & MELISSA D 75M -2-B- 1- 1244 MACEDONIA CHURCH RD ANDREWS, JAMES A & JACQUELINE A STEPHENS CITY, VA 22655.3705 1200 MACEDONIA CHURCH RD ' STEPHENS CITY, VA 22655.3705 7r.M - 2- B- B- JASBO,INC 75M - 2- B- 2- MANTIONE, SALVATORE W & SHANNON M 1218 MACEDONIA CH RD STEPHENS CITY, VA 22655.3705 1 75M - 2- B. 3. FRAZIER, BRADLEY A f & FIELDS, STEPHANIE D 1220 MACEDONIA CHURCH RD STEPHENS CITY, VA 22655.3705 75M - 2- B- 4- DOBBS, WESLEY Q & DENISE Y 1226 MACEDONIA CHURCH RD STEPHENS CITY, VA 22655.3705 75M - 2- B- 5- LEBLANC, MATTHEW T & SARAH A 1232 MACEDONIA CHURCH RD STEPHENS CITY, VA 22655-3705 75M - 2- B 6 i CLEMENTS, WILLIAM J 1238 MACEDONIA CHURCH RD STEPHENS CITY, VA 22655.3705 PO BOX 480 STEPHENS CITY, VA 22655.0480 75 -A -104-C TRUS i'rES OF THE GREEN►NAY BAPTIST CH 275 U"OUBLE TOLL GATE RD STE:i'HENS CITY, VA 22655 75 - A- - 104-F AMERICA HOUSE THREE, INC PO BOX 998 MARSHALL, VA 20116.0998 75L - 1. 1. 12- WHITMER, JUDITH W P & DAVID WAYNE 105 BUTTON BUSH AVE STEPHENS CITY, VA 22655.3446 Jerem . Camp, Planner II Frederick Co. Planning Dept. STATE OF VIRG'N7 COUNTY OF FREDERICK a Notary Public in and for the State and County I' that emy F. Camp, Planner II for Department of Planning and aforesaid, do ereby certify signed to the foregoing, dated po , ,has Development, whose name is sign tate and County aforesaid. personally appeared before me and acknowledged the same in my Given under my hand this c��s�--day of My commission expires on + MF// PON��'L -9 vc/'e- 75L - 1- 1- 13- WEHN, MICHAEL A & MARY ELLEN r 103 BUTTON BUSH AVE STEPHENS CITY, VA 22655.3446 75L - 1. 1. 14- HOECHST, TIMOTHY M & JENNIFER A 111 MOUNTAIN ASH CT STEPHENS CITY, VA 22655-3445 75L - 1. 1. 39- RINKER, ROBERT M II & CAROL J 107 MOUNTAIN ASH CT STEPHENS CITY, VA 22655.3445 75L - 1. 1. 38- SHULTZ, MELVIN B & THELMA M 109 MOUNTAIN ASH CT STEPHENS CITY, VA 22655.3445 75L - 2- 2- 91- SOLINSKY, EDMUND P & KIMBERLY A 103 MOUNTAIN ASH CT STEPHENS CITY, VA 22655-3445 75L - 2- 2- 90- TYGRETT, LETITIA R 103 MOUNTAIN ASH CT STEPHENS CITY, VA 22655.3445 75M - 2- B- 8-A AMB BUILDERS, LLC 7705 MAIN ST MIDDLETOWN, VA 22645 OCl AXIC 75L - 3- 2- 49-A AUTUMN GLEN-FREDERICK COUNTY VA HOMEOWNERS ASSOCIATION, INC 122 BAYBERRY CT STEPHENS CITY, VA 22655 COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC MEETING September 8, 2004 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: MASTER DEVELOPMENT PLAN #08-04 OF THE TOWNES AT MOSBY STATION On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public meeting being held on Wednesday, September 22, 2004 at 7:15 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia. This meeting is to consider Master Development Plan 908-04 of The Townes at Mosby Station, submitted by William H. Gordon Associates, Inc.; for 17 townhouses. The property is located on the north side of Tasker Road (Route 642), 1,300 feet east of the intersection of Tasker Road and Aylor Road, and is identified with Property Identification Number 75M-2-B-8A, in the Shawnee Magisterial District. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Information regarding this application will also be available via the Planning Department's Web Page at www.co.frederick.va.us. Planning Director ERL/bad FA10 107 North Kent Street - Winchester, Virginia 22601-5000 N5S COUNTY of FREDERICK Department of Planning & Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 75 - A- - 104-C TRUSTEES OF THE GREENWAY BAPTIST CH 275 DOUBLE TOLL GATE RD STEPHENS CITY, VA 22655 I� C E � E 2 0 2004 FREDERICK COUNTY PLANNING & DEVELOPMENT NX.X1fi 'Idol 1 Carl 01a/ 16/04 RETURN 70 ar NDER NO 'UC.H STREET UNAMCC TO FORWARD ErC, 22f-'D.IS00099 *00,17--OS277--00-40 ICC1,)1C))I111,Cl1)1C)ICC,1)„)1I,CC))1)) )„C)I,CI