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Home My WebLink About02-87 Valley Mill Terrace Apts - Stonewall - Backfile (2)00 i COUNTY of FREDERICK Departments of Planning and Building 703/665-5650 Mr. Swag Koonce 3237 Valley Avenue Winchester, Virginia 22601 RE: Denial of Preliminary Master Development Plan #002-87 of Valley Mill Terrace Apartments Dear Mr. Koonce: This letter is to confirm the Frederick County's Planning Commission's action at their meeting of June 3, 1987: Denial of Preliminary Master Development Plan #002-87 with buffer reduction request of Valley Mill Terrace Apartments for two structures containing 12 two -bedroom apartments located on the north side of Valley Mill Road, Route 659, just west of Ash Hollow Estates, in the Stonewall Magisterial District. If you have any questions regarding your plan, please do not hesitate to call this office. Sincerely, i� Robert W. Watkins Director RWW/dkg 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 COUNTY of FREDERICK Departments of Planning and Building MEMORANDUM 703/�-5�-5650 VA. Dept. of Highways & Transportation , ATTN: Mr. William H. Bushman Greenwood Fire Company , ATTN: Mr. Walt Cunningham Sanitation Authority , ATTN: Mr. Wellington Jones Inspections Department , ATTN: Mr. Kenneth L. Coffelt Planning Department , ATTN: Mr. Robert W. Watkins Zoning Department , ATTN: Mr. Stephen M. Gyurisin FROM: Robert W. Watkins, Director DATE: February 17, 1987 SUBJECT: Review Comments On: Conditional Use Permit Site Plan X Preliminary Master Development Plan We are reviewing the enclosed request by A Brokers Associated , or their representative, Swag Koonce 662-6565 Will you please review the attached and return your comments to me as soon as possible. THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: Signature� Date -7 ',:Ip 0 C'niirt CrniarP - P 0. Bnx 601 - Winchester. Virginia - 22601 A `a RLSiDEjyCY y� EER ,,, UN�Y`' ' _ REDERICK M E M 0 R A N D M :ter VA. Dept. of Highways & Transportation , ATTN: Mr. William Greenwood Fire Company , ATTN: Mr. Walt Cunningham Sanitation Authority , ATTN: Mr. Wellington Jones Inspections Department , ATTN: Mr. Kenneth L. Coffelt Planning Department , ATTN: Mr. Robert W. Watkins Zoning Department , ATTN: Mr. Stephen M. Gyurisin FROM: Robert W. Watkins, Director DATE: February 17, 1987 and Building S U; 703/ -5650 SUBJECT: Review Comments On: Conditional Use Permit Site Plan X Preliminary Master Development Plan We are reviewing the enclosed request by A Brokers Associated , or their representative, Swag Koonce 662-6565 Will you please review the attached and return your comments to me as soon as possible. THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: No objection to the preliminary master development plan. However, this proposed entrance does not conform to the minimum commercial entrance standards. It must be a minimum of 30' wide to meet the egress and ingress policy. A permit would be required prior to doing any work on the State's right-of-way. Signature(�.,I cO/��l�vyy�/r,Z_�y, Date Q Cniirt VminrP - P 0 Rnx 601 - Winchester. Vireinia - 22601 COUNTY of FREDERICI -11 r. ��---' Departments of Planning and (Buuildin; T � M 0 R A N D U M 703/355651 VA. De t. of Hi hwa s h TranF, ion , ATTN: Mr. William H_ Rnahman Greenwood Fire Company , ATTN: Mr. Walt Cunningham Sanitation Authority , ATTN: Mr. Wellington Jones Inspections Department ATTN: Mr. Kenneth L. Coffelt Planning Department , ATTN: Mr. Robert W. Watkins Zoning Department , ATTN: Mr. Stephen M. Gyurisin FROM: Robert W. Watkins, Director DATE: February 17, 1987 SUBJECT: Review Comments On: Conditional Use Permit Site Plan X Preliminary Master Development Plan We are reviewing the enclosed request by A Brokers Associated or their representative, Swag Koonce 662-6565 Will you please review the attached and return your comments to me as soon as possible. THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: Site plan_rinac not mear hP Code with regards to fire protection Numbers of units per structure require two hydrants within 300 feet of each structure. Signature Date � Y 4�-y 4 (-nnrt CrniarP _ P o RnK 6ni - Winchester. Virginia 22601 PRELIMINARY MASTER DEVELOPMENT PLAN #002-87 Valley Mill Terrace Apartments Zoned RP (Residential Performance) 1.198 Acres LOCATION: North side of Valley Mill Road, Route 659, just west of Ash Hollow Estates MAGISTERIAL DISTRICT: Stonewall ADJACENT LAND USE AND ZONING: Residential (developed and vacant) land uses and RP (Residential Performance) zoning PROPOSED USE AND IMPROVEMENTS: Apartments REVIEW EVALUATIONS: Transportation Department - Sanitation Authority - Greenwood Fire Company - Inspections Department - Planning and Zoning - STAFF RECOMMENDATIONS: PROMINARY MASTER DEVELOPMENT PLAN002-87 Valley Mill Terrace Apartments 1.198 acres, Zoned RP (Residential Performance) LOCATION: North side of Valley Mill Road, Route 659, just west of Ash Hollow Estates. MAGISTERIAL DISTRICT: Stonewall ADJACENT LAND USE AND ZONING: Residential land use and zoning PROPOSED USE AND IMPROVEMENTS: Two structures containing 12 two -bedroom apartments. Parking and site improvements as required. REVIEW EVALUATIONS: Highway Department - No objection to the preliminary master development plan. However, this proposed entrance does not conform to the minimum commercial entrance standards. It must be a minimum of 30' wide to meet the egress and ingress policy. A permit would be required prior to doing any work on the State's right-of-way. Sanitation Authority - Site plan does not meet the Code with regards to fire protection. Numbers of units per structure require two hydrants within 300' of each structure. Greenwood Fire Company - No objections. Must meet all fire codes. Inspections Department - To be built in accord with the VUSBC. Planning and Zoning - No objection. The proposed use of two three-story apartment units containing twelve two -bedroom apartments is allowed in the RP Zone. There are no environmental areas requiring protection. 30% open space is required and is shown on this plan. Recreation facilities are not required. All setback, dimensional, and parking requirements have been met. No bonus requirements have been applied for. Buffering/screening is not required along Valley Mill Road or adjoining properties. This plan will be forwarded to the Board of Supervisors for action. A final plan is required for Planning Commission action as well as a detailed site plan. STAFF RECOMMENDATIONS: Approval. 0 0 PRELIMINARY MASTER DEVELOPMENT PLAN #002-87 lu Valley Mill Terrace Apartments 1.198 acres, Zoned RP (Residential Performance) LOCATION: North side of Valley Mill Road, Route 659, just west of Ash Hollow Estates. MAGISTERIAL DISTRICT: Stonewall ADJACENT LAND USE AND ZONING: Residential land use and zoning PROPOSED USE AND IMPROVEMENTS: Two structures containing 12 two -bedroom apartments. Parking and site improvements as required. REVIEW EVALUATIONS: Highway Department - No objection to the preliminary master development plan. However, this proposed entrance does not conform to the minimum commercial entrance standards. It must be a minimum of 30' wide to meet the egress and ingress policy. A permit would be required prior to doing any work on the State's right-of-way. Sanitation Authority - Site plan does not meet the Code with regards to fire protection. Numbers of units per structure require two hydrants within 300' of each structure. Greenwood Fire Company - No objections. Must meet all fire codes. Inspections Department - To be built in accord with the VUSBC. Planning and Zoning - No objection. The proposed use of two three-story apartment units containing twelve two -bedroom apartments is allowed in the RP Zone. There are no environmental areas requiring protection. 30% open space is required and is shown on this plan. Recreation facilities are not required. All setback, dimensional, and parking requirements have been met. No bonus requirements have been applied for. Buffering/screening is not required along Valley Mill Road or adjoining properties. This plan will be forwarded to the Board of Supervisors for action. A final plan is required for Planning Commission action as well as a detailed site plan. STAFF RECOMMENDATIONS: Approval. 0 a PRELIMINARY MASTER DEVELOPMENT PLAN #002-87 Valley Mill Terrace Apartments 1.198 acres, Zoned RP (Residential Performance) LOCATION: North side of Valley Mill Road, Route 659, just west of Ash Hollow Estates. MAGISTERIAL DISTRICT: Stonewall ADJACENT LAND USE AND ZONING: Residential land use and zoning. PROPOSED USE AND IMPROVEMENTS: Eighteen two bedroom units contained in two garden apartment structures. Parking, access, open space, landscaping, and other site improvements as required. REVIEW EVALUATIONS: VA Dept. of Highways & Transportation - No objection to the preliminary master development plan. However, this proposed entrance does not conform to the minimum commercial entrance standards. It must be a minimum of 30' wide to meet the egress and ingress policy. A permit would be required prior to doing any work on the State's right-of-way. Sanitation Authority - Site plan does not meet the Code with regards to fire protection. Numbers of units per structure require two hydrants within 300' of each structure. Greenwood Fire Company - No objections. Must meet all fire codes. Planning and Zoning - No objection. The preliminary master development plan meets all applicable master plan and RP requirements. This should be considered as a preliminary master plan and not a final detailed site plan; however, the project entrance width and fire hydrant location has been changed as per VDH&T and Sanitation Authority, respectively. A final master plan and site plan will be reviewed following action on this preliminary plan. This is a revised plan incorporating required screening/landscaping and buffer distances and a reduction of units from 24 to 18 units. There are no environmental areas requiring protection. 30% open space is required, and approximatley 61% is shown in grass and landscaped areas on this plan. Recreational facilities are not required because less than 30 units are Page 2 PMDP Valley Mill proposed. Density bonus increases have not been applied for or proposed for this site. The active distance buffer from the adjoining single-family residence is maintained at 200', as required, and is not proposed to be decreased. The inactive distance buffer is proposed to be decreased by 29% with partial landscaping/screening being provided along the parking areas. Buffer areas are not required along Valley Mill Road or the adjoining multi- family townhouse units. All setback, building spacing, impervious surface ratio, building height, and lot area requirements have been met. Entrance access, parking, and walkways meet all appropriate standards. All structures are approiximately 30 feet or more from adjoining properties. This plan meets all applicable land use planning standards for a garden apartment use on this site with adjoining single-family and multi -family townhouse uses. STAFF RECOMMENDATIONS: Approval. N �} • APPLICATION AND CHECKLIST FOR PRELIMINARY MASTER DEVELOPMENT PLAN IN THE COUNTY OF FREDERICK, VIRGINIA DATE: May 13, 1987 APPLICATION NUMBER: APPLICANT/AGENT: A Brokers Associated ADDRESS: 3237 Valley Avenue Winchester, VA 22601 PHONE: 70'�2- � � The following checklist serves solely,to aid the staff, Planning Commission, and Board of Supervisors in reviewing your application. Please complete.this checklist and submit it with your proposal. BACKGROUND INFORMATION 1. Location of property: Vall (See locatio Mill Road, VA. RT. 6 2. Property tax map and identification number: Map 54 PAR 108 3. Property zoning and present use: RP; Vacant 4. Adjoining property zoning and present use: Zoned RP; Residential OR Vacant 5. Proposed uses: Multi -Family Residential 6. Magisterial District: Stonewall PRELIMINARY MASTER DEVELOPMENT PLAN SPECIFICATIONS 1. Is this an original or amended Master Development Plan? Amended 2. Is the Master Development Plan to be waived? 3. Is the scale shown on Master Development Plan? 4. What is the total area of property? 5. Is the north arrow shown on Master Development Plan? 6. Is boundary survey certified? 7. Is topography shown? 8. What is the contour interval? yes noX yesX no 1.198 Acres yesX no yesX no yesX no— 2 FT. 9. What is the development's name? A Brokers Associated Valley Mill Terrace Apts. rctye L PRELIMINARY MASTER OVELOPMENT PLAN CONTENTS 1. Are all land _uses clearly shown (housing types)? 2. Are all environmental requirements shown? - Floodplains ...................... - Lakes and ponds .................. - Wetlands ........................ - Natural stormwater retention acres - Steep Stops (0-15) ............... (15 or more) ......... - Woodlands ........................ TOTAL yes X no_ yes X no_ Total acres Percent disturbed Amount in open spat 0 0 0 0 0 0 0 0 3. Is open space shown? No defined area is showq as open yesX no — at space - What is total amount of open space? .73 Acres - What percent is the open space of the total property? 61 % 4. Are recreational facilities required? yes_ no X 5. What housing types are proposed? Multi -Family - 18 Units in 2 Buildings 6. Are bonus regulations being proposed? yes_ no X What are they?: - Recreational facilities (15%) yes_ no - Woodlands (15%) yes_ no - Landscaping (15%) yes - no - Solar access (10%) yes_ no - Solar construction (15%) yes no - Pedestrian/bike path (10%) yes_ no - Pedestrian/bike path connector (15%) yes_ no_ 7. Are buffers required? yesX no_ - from single family dwellings yesX. no - - from roads yes_ noX 8. Are screens proposed? yesX no- - from single family dwellings yesX no - from roads yes_ noX 9. Are active or inactive buffers proposed? ActiveX InactiveX 10. Are all buffers and screens shown on the Master Development Plan? yesX no_ 11. Are the following items shown? - General street layout yesX no- - Parking areas yesX no- - Entrances yeses no - Utilities yesX no_ i /, Page 3 Preliminary Master Ovelopment Plan 11. Are proposed sections or phases of development shown?N/Ayes_ no_ 12. Is the open space shown for each section or phase? yes no 13. What is the amount of open space in each section or phase? GENERAL CHECKLIST 1. Is open space proposed to be decreased for bonus? yes_ no X 2. What is the amount of decrease? 3. Are any lots proposed to be averaged? yes no X 4. Have parking spaces per unit proposed (by bedrooms) been checked? yes no PLEASE SUBMIT THIS APPLICATION/CHECKLIST TO THE DEPARTMENT OF PLANNING AND DEVELOPMENT ALONG WITH 10.COPIES OF THE PRELIMINARY MASTER DEVELOPMENT PLAN. Noted Changes or Corrections to the Master Development Plan: The following are all of the individuals, firms,or corporations owning property adjacent to both sides and rear and in front of (across street from) the property sought to be developed. (Use additional pages if necessary). These people will be notified by mail of this application. NAME 1. Address: JOSEPH E. GOLLADAY 91-1 Woodland nu t V Property ID#: - - - - MAP 54 PAR 109 2. Address: PAUL C. JENSON 303 Ash Hollow Dr. Winchester, VA Property ID#:54000-006-0000-OOOB-00090 MAP 54K Par 3. Address: CLAUDIA G. HENRY Rt. 1, Box 12-H Clearbrook VA 22624 Property ID# 54000-006-0000-OOOB-00100 Par 10 4. Address: KRISTEN G. 307 Ash Hollow Dr. Winchester, VA ZUCKERMAN Property ID#: 54000-006-0000-OOOB-00110 PAR 11 Page 4 Preliminary Master Development Plan w w ►i`iTu% 5. Address: HARRY C. LICHLITER Rt. 3 Box 275 Winchester, VA Property ID#: 54000-006-0000-OOOB-00120 MaP 54K Par 12 6. Address: BETTY M. CLEM 311 Ash Hollow Dr. Winchester, VA Property ID#: 000-00-0000-OOOB-00130 Par 13 7. Address: GREGORY E. HARPER 313 Ash Hollow Dr. Winchester, VA Property ID#:5.000-00 -0000-OOOB-001 0 PAR 14 8. Address: DAVID D. CREAGER 315 Ash Hollow Dr. Winchester, VA Property ID#:54000-006-0000-OOOB-00150 PAR 1 9. Address: DENNIS A.. HERNDON P.O. Box 176 Hamilton, VA 22068 Property ID#:54000-006-0000-OOOB-00160 PAR 1-6 0. Address: JOSEPH R. BOWERS 1529 Ash Hollow Dr. Winchester, VA Property ID#: 5 0 0-00 -0000- -0017 PAR 17 11. Additional comments, if any 11. MAX D. YODER 3842 Loy Circle Winchester, VA 54000-oo6-0000-OOoC-00180 MAP 54K PAR 18 12. JAMES T. VICKERS Rt. 2, Box,1304 Front Royal, VA 22630 w 54000-oo6-0000-000C-oo190 v Par 19 13. ROXANNA J. PUGH 1517 Ash Hollow Dr. Winchester, VA 54000-oo6-0000-000C-00200 PAR 20 14. ASH HOLLOW ESTATES HOMEOWNERS ASSOCIATION, INC. P.O. Box 3113 Winchester, VA 54000-oo6-0000-0000-oo620 APPLICATION AND CHECKLIST FOR FINAL MASTER DEVELOPMENT PLAN IN THE COUNTY OF FREDERICK, VIRGINIA DATE: May 13, 1987 APPLICATIOR NUMBER: APPLICANT/AGENT: ADDRESS: PHONE: A Brokers Associated The following checklist serves solely to aid the staff, Planning Commission, and Board of Supervisors in reviewing your application. Please complete this checklist and submit it with your proposal. BACKGROUND INFORMATION 1. Location of property: Valley Mill Road, VA. Route 659 (See location Map) 2. Property tax map and identification number: Map 54 Par 108 3. Property zoning and use: Zoned RP ; Vacant 4. Adjoining property zoning and use: Zoned RP: Residential or Vacant 5. Proposed use: Multi -Family Residential 6. Magisterial District: Stonewall 7. Preliminary Master Development Plan Application #: 8. Was Preliminary Master Development Plan approved by Planning Commission? yes no X 9. Have all comments by staff and Planning Commission been addressed for the Final Masher Development Plan? yesX no_ FINAL MASTER DEVELOPMENT PLAN SPECIFICATIONS 1. Does this -plan conform with the Preliminary Master Development Plan? yesX no 2. Note any major changes made: 3. Are adjoining uses and roads shown? yes X no 4. Are drainage easements and improvements shown? yesX no -'*Page 2 5. Have all calculations been submitted? yesX no- - Disturbance yes_ no - Open space/density yes_ no- - Others yes no 6. Is the approval block shown? yes X no FINAL MASTER DEVELOPMENT PLAN CONTENTS 1. Are existing subdivisions shown? yes X no 2. Are phases and sections shown? N/A yes_ no_ 3. Are all common elements shown? N/A yes_ no_ 4. Are phases and sections economically sound? N/A yes_ no_ FINAL MASTER DEVELOPMENT PLAN STANDARDS AND IMPROVEMENTS 1. Have site plans required for Bonus Improvements been included? N/A yes_ no_ 2. Conference review by Department of Planning and Development? yes no PLEASE SUBMIT THIS APPLICATION/CHECKLIST TO THE DEPARTMENT OF PLANNING AND DEVELOPMENT ALONG WITH 10 COPIES OF THE FINAL MASTER DEVELOPMENT PLAN. APPLICATION AND CHECKLIST FOR FINAL MASTER DEVELOPMENT PLAN IN THE COUNTY OF FREDERICK, VIRGINIA DATE: Z% /�-5 1,967 APPLICANT/AGENT: ADDRESS: PHONE: L MIEN EBW Professional UW Stnmr 35 W. 80SCON St Winchester, VA. 22601 703 667 3233 APPLICATION NUMBER: 13170►CE:2g 1-15-S0ccfAILF 0-b The following checklist serves solely to aid the staff, Planning Commission, and Board of Supervisors in reviewing your application. Please complete this checklist and submit it with your proposal. BACKGROUND INFORMATION `l / 1. Location of property: ( Sp-r 2. Property tax map and identification number: 414 Sy PAR- /act 3. Property zoning and use: 4. Adjoining property zoning and use: v,4�.►4�u 5. Proposed use: M 0Ct 6. Magisterial District: �ip.lJfcvtl�L 7. Preliminary Master Development Plan Application #: 8. Was Preliminary Master Development Plan approved by Planning Commission? yes no 9. Have all comments by staff and Planning Commission been addressed for the Final Master Development Plan? yes no FINAL MASTER DEVELOPMENT PLAN SPECIFICATIONS 1. Does this plan conform.with the Preliminary Master Development Plan? yes 'ono_ 2. Note any major changes made: 3. Are adjoining uses and roads shown? yes no 4. Are drainage easements and improvements shown? yes ',-, no Page 2 5. Have all calculations been submitted? yes ,--' no - Disturbance yes_ no - Open space/density yes no- - Others yes no 6. Is the approval block shown? yes no FINAL MASTER DEVELOPMENT PLAN CONTENTS 1. Are existing subdivisions shown? yes "�' no 2. Are phases and sections shown? Ij/,+ yes_ no_ 3. Are all common elements shown? 1j1A- yes_ no_ 4. Are phases and sections economically sound? yes_ nor FINAL MASTER DEVELOPMENT PLAN STANDARDS AND IMPROVEMENTS 1. Have site plans required for Bonus Improvements been included? 4/A- yes_ no_ 2. Conference review by Department of Planning and Development? yes no PLEASE SUBMIT THIS APPLICATION/CHECKLIST TO THE DEPARTMENT OF PLANNING AND DEVELOPMENT ALONG WITH 10 COPIES OF THE FINAL MASTER DEVELOPMENT PLAN. • C7 APPLICATION AND CHECKLIST FOR PRELIMINARY MASTER DEVELOPMENT PLAN IN THE COUNTY DATE: Z77 i :::aa /9 APPLICANT/AGENT .�Z_/-/- ADDRESS: 3'2-37 , VIRGINIA APPLICATION NUMBI iai2S Asoc-/ / Vi4 Z 2 660/ PHONE: L AMEN EBERT Professional Land Surveyor 35 W. Boscawen St. Winchester, VA. 22601 703 667 3233 The fo owing checklist serves solely to aid the staff, Planning Commission, a d--Bo-a-r-d--of-SJupervisors in reviewing your application. Please complete this checklist and submit it with your proposal. BACKGROUND INFORMATION 1. Location of property: /011,1- (4 , V A . ; i Loc.�4--7-iy - - 2. Property tax map and identification number: Mt4P 15'/ 'P.4i2 IDE 3. Property zoning and present use: 4. Adjoining property zoning and present use: e ft-- J .4C. 4AS � _ 5. Proposed us -es: MU[,i/-!-.Q�vl1�;� 6. Magisterial District: 'Zi 6AJEW4 1-L PRELIMINARY MASTER DEVELOPMENT PLAN SPECIFICATIONS 1. Is this an original or amended Master Development Plan? �rZiCsOh.)(r 2. Is the Master Development Plan to be waived? yes--' no 3. Is the scale shown on Master Development Plan? yes no_ 4. What is the total area of property? /./%y *-RES 5. Is the north arrow shown on Master Development Plan? yes'' -- no I 6. Is boundary survey certified? yesl-,*�no_ 7. Is topography shown? yes `ono 8. What is the contour interval? Z I: 9. What is the development's name? A €wK— a-5 45soc4.4 ia—b ectye y PRELIMINARY MASTEROEVELOPMENT PLAN CONTENTS 1. Are all land uses clearly shown (housing types)? 2. Are all environmental requirements shown? - Floodplains ...................... - Lakes and ponds .................. - Wetlands ........................ - Natural stormwater retention acres - Steep Stops (0-15) ............... `)Wk`�'z ( 15 or more) ......... - Woodlands ........................ TOTAL 3. Is open space shown? yes '� no yes ✓no Total acres Percent disturbed Amount in open spac v O 0 0 0 0 a yes ---- no - What is total amount of open space? 0,8 Acres - What percent is the open space of the total property? �% 4. Are recreational facilities required? yes_ no ✓ 5. What housing types are proposed? �'%1(�tri / rA�N/�i�_ /2- 010(7-S /*�62 13v i c.� l JG 6. Are bonus regulations being proposed? yes_ no What are they?: . - Recreational facilities (15%) - Woodlands (15%) - Landscaping (15%) - Solar access (10%) - Solar construction (15%) - Pedestrian/bike path (10%) - Pedestrian/bike path connector (15%) 7. Are buffers required? - from single family dwellings - from roads 8. Are screens proposed? - from single family dwellings - from roads 9. Are active or inactive buffers proposed? Active 10. Are all buffers and screens shown on the Master Development Plan? 11. Are the following items shown? - General street layout - Parking areas - Entrances - Utilities yes_ no yes_ no yes_ no yes_ no yes no yes_ no yes no yes no -� yes_ no yes no yes no yes no yes_ no` Inactive yes /ono yes no yes j no_ yes yes ,; no Page 3 Preliminary Masterevelopment Plan 11. Are proposed sections or phases of development shown? g14yes— no_ 12. Is the open space shown for each section or phase? yes no 13. What is the amount of open space in each section or phase? GENERAL CHECKLIST 1. Is open space proposed to be decreased for bonus? yes_ no'� 2. What is the amount of decrease? 3. Are any lots proposed to be averaged? yes no 4. Have parking spaces per unit proposed (by bedrooms) been checked? yes--" no PLEASE SUBMIT THIS APPLICATION/CHECKLIST TO THE DEPARTMENT OF PLANNING AND DEVELOPMENT ALONG WITH 10 COPIES OF THE PRELIMINARY MASTER DEVELOPMENT PLAN. Noted Changes or Corrections to the Master Development Plan: The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of (across street from) the property sought to be developed. (Use additional pages if necessary). These people will be notified by mail of this application. QUIZl0 1. Address: Property ID# : syo�-rgoo - oacx�-0000- 0I o p Sy t`'AIL I O 2. Address: //7/� 303 45a f�oLzoW DL khk"os-/Ts& ✓4 �>,40L 0.�SDA3 Property ID# : 5Z1000-mooCOCO 7�1- o0g3-oo09d ,04 P Ssy r 3. Address: ,1 , l80, /y-� � �'Za✓ ��J ZZC�Zy CL-40zg 6 // Of2'-/ �`11 Property ID# sK�- oolo- coop - 0000, �- 00106 P4 / U 4. Address: tCX1j c4) G' -2ix-K►jl.*fA j Property ID# : 5y060- W(b -0000 - 0o0c3 - Do1I �A l/ Page 4 Preliminary Master Development Plan rQ ONTUTUD 5. �40V Address: j2.— 3 &ox z a s h//N Ch6ES; -2 ✓4 G/GF�d l 2- Property ID# : 5yoo O- 00 o oco - 00013 - di ZO M* t �9iZ I Z 6. Address: nni�S'V /� 3!/ H511 LAW 1i2 k.�iN-ClI.g, /—a IZ __ �771'/ In. NEA Property I D # : Syoao - oo6-ooco-ocK5,5 - oo13,0 7. 6-1-2-E6:0k-Y j . Address: 3/3 '0& 4L k/A)OVCs,iFVL )4 Property ID# : �y000 - [a0lo - o000 - poo g - oo i *,► o 8. �• Address: 3/s H �i4�► �� 2 /L Property ID#: 59000- o 0006-ao�5o 9. 7�n� n� i �%. Address: 'RD. t � /7G hi� 16 /�7 ✓j9 22a6 � Property ID#: sy000 - �6�Z oQ� 0-00013_ 60J60 10. Address:.c) riGat7w `n, vas � Z 3v,N€iZS Property ID# : SHcod -o -U0 - o d C- b0/ 70 P/qn- / % -k. Additional comments, if any n 11 / \j x b,VOD 3�3y2 L�� C',i2c �;� 1t�i vcF/ �� ✓•9 . f11 - V ooOC -- � Z . a,5 �- l ii 4c,�Zs aT Z r3 v x 13 o'-f F2 D&Sr 126*-IAL 1/fi9 z Z(, 3b "000 - O o6 - OoDo - lj Oooc- 00)90 f AIL Za syooO - 006- oox)0 - 00 o c - do Z.oO 60C- �57y000 -Oab= CCOO _-Cor'O - d06a a 20 \O A BROKERS ASSOCIATED \ \O D.B. 633 — P. 349 O PROPOSED 6" S S 130 - 3.28' 45' 27" 5 23 0. SANITARY SEWER EASEMENT ab 367 SQ. FT. -------------- 18.00' — ---- I— O J (Dw z J O 10' SANITARY EXISTING 6" (n z = SEWER EASEMENT SEWER MAIN ,xl, 4 a =WER MAIN I I M I a6 I � I � w I 0 ti EXISTING I , TOWNHOUSE04 I I 3 N I to m M I M N ~ I � I wo N W1 N U am ti wp I z w w I 4 I I N17.33'27"E-35.06; PARKING AREA Q w a z 0 O v w Q w 0 J J 0 Q Dt-f SA Nl TA R Y SE WER EA SEMEN T L 0 T 16 -SECTION B p ASH HOLLOW ES TA TES D.B. 520 - P. 832 STONEWALL DISTRICT FREDERICK COUNTY VIRGINIA 20 MA Y 1988 I% LAERT n� B�-*4 (LICENSE) No. 1498 t�ft SuRvvv� 61 BROKERS ASSOCIATED D.B. 633 - • PROPOSED 6" S' �23-�00 S 13' 45' 27 SANITARY co SEWER EASEMENT oo 367 SQ. FT. --------------18.00' —---- I— O J �w 2 -i - O 10' SANITARY EXISTINA6"N z SEWER EASEMENT SEWERw a c w�: =WER MAIN I I rn I ao I � I � w I EXISTING I , M TOWNHOUSE I I 3 N 1 M m M I M N ~ I a I wo N N I w C4 N w o I z I w w I � I 4 I I N 17. 33' 27" E - 35.061 PARKING AREA SA NI TAR Y SEWER EA SEMEN L 0 T 16 - SECTION B ASH HOLLOW ES TA TES D.B. 520 - P. 832 STONEWALL DISTR/CT FREDERICK COUNTY VIRGINIA 20 MA Y 1988 FINAL PLAT: VALLEY MILL VILLAGE VALLEY MILL ROAD VA. ROUTE 659 STONEWALL DISTRICT FREDERICK COUNTY ZONED RP VIRGINIA 13 NOVEMBER 1987 �` 1 bld Far FIEL'��; 5 f � R � S RCLItF, SHAN NON HILL ( k I air ♦ ` all a. V _ e Exit 81 / - 8 _ 65 BLUE �1 Go RIDGI SH NANDO MH! �. Dowell J HILLS 65 Howafd Vd�alioail —"7 6ffa11M10ad [L[GC so" -111-N SITE IIe�E,omi GREEN FIELD art \\ APPR-OVALS: VIRGINIA DEPARTMENT OF TRANSPORTnTInN _ r /� DATE ~� FREDERICK COUNTY SANITATION AUTFMPITY DATE 3 82 FREDERICK COUNTY SUBDIVISION ADMINISTRATOR DATE FREDERICK COUNTY PLANNING COMMISSION DATE FREDERICK COUNTY ' `, BOARD OF SUPERVISORS DATE OWNER'S CERTIFICATE: THIS DIVISION, AS IT APPEARS ON THIS PLAT, IS WITH THE FREE CONSENT AND IN ACCO DANCE WITH THE DESIRES OF THE UNDERSIGNED OWNER, AGENT OR TRUSTEE. SURVEYOR'S CERTIFICATE: I CERTIFY THAT THE LAND IN THIS DIVISION IS ALL OF THE LAND CONVEYED TO A BROKERS ASSOCIATED BY DEED DATED 4 DECEMBER 1986 IN DEED BOOK 633, PAGE 349. g °� L. ALLEN EBERr PROFESSIONAL LAND SURVEYOR L ALLEN EBERT 35 W. 80SC4 MST ��"� "0' 1498 W V�EWII S r&l VA 22601 703 667 3233 EST • o ..C„ ES N 17 78.25. N 87m 27' 20., W ` 199.59. O 121.34 S 75. 56'42" E _ _ 20� OPEN SPgCE EAS 24.001 --_ _ 6446r 0 LOT BODI - I ' CV I S 75' 58' 42" E - 120.00' ' 41 Q Q I-- 20.00' LOT T 20.00' N ck 2cri ti o ti Q Z W--20.00' LOT 6 20.00` --I� JN W M h N CD N v w m 2--20.00' LOT 5 2o.Qo'--Iw w O N _ I. J � � a N In7 Q v I-- 20.00` LOT 4 20.00'— _ w O] — �e COi I m O o� r) w O �(4 _. � 20.00 LOT 3 20'.00%— � zo IQloinQ i lz N 50 N N 1-20.00' LOT 2 20.00'-- a N75.56'42"W-120.00" I Z L 0 T s o5 CHORD r' 16.Tg3T w W� co 40 gg• — — ARC_1732_ ti _ 41.19' 20' — Q m S 670 28' a°fEN SPq CE EASE ;W �ci 39 E _ 115.64'ivr N 197.82. Q rRACr C IN m VALLEY S s7. 2B' 39" E _ 197 110 Y M1L L ,s3. �„ ROAD VA, ASH HOLLOW SECTION 2! 20 19 IB AREA TABULATION: TRACT A 13,576 SO. FT. TRACT B 4,654 TRACT C 4,943 LOT 1 7,015 LOT 2 2,400 LOT 3 2,400 LOT 4 2,400 LOT 5 2,400 LOT 6 2,400 LOT 7 2,400 LOT 8 7,417 TOTAL 52,205 SO. FT.- 1.196 ACRES TRACT C IS TO BE CONVEYED TO THE COMMONWEALTH OF VIR61MA FOR IM— PROVEMENT OF VA. ROUTE 659. TRACT A AND TRACT 8 ARE TO BE CONVEYED TO AND MAINTAINED BY A DULY ESTABLISHED HOMEOWNER'S ASSOCIATION. m -O v O c� 0 ROTE 659 L ALLEN EBERT (LICENSE) No. 1498 tZ� mmmvv�o�"", FINAL PLAT: VALLEY MILL VILLAGE VALLEY MILL ROAD VA. ROUTE 659 STONEWAL I FREDE I�JI�j ZONED RP VIRGIN► 13 NOVEMBER 1967 �HF EL��tkAR S 7 i... f Vi oa. AeWW'� t7 s DG SH NAND O E BLUER MH! 659 HILLS Greenwood SITE / GREENFIELD ( R�y : �---"- lFM9�3f Ali 11 �c oa �� _ APPROVALS: VIRGINIA DEPARTMENT OF TRANSPORTATIDN DATE FREDERICK COUNTY SANITATION AUTFMPITY 1000, / DATE 4? 3 —82 FREDERICK COUNTY SUBDIVISION ADMINISTRATOR DATE FREDERICK COUNTY PLANNING COMMISSIQU DATE i Z —/ 7 r FREDERICK COUNTY BOARD OF SUPERVISORS DATE 12 _l 7�S 7 OWNER'S CERTIFICATE: THIS DIVISION, AS IT APPEARS ON THIS PLAT, IS WITH THE FREE CONSENT AND IN ACCO DANCE WITH THE DESIRES OF THE UNDERSIGNED OWNER, AGENT OR TRUSTEE. rj /zv SURVEYOR'S CERTIFICATE: I CERTIFY THAT THE LAND IN THIS DIVISION IS ALL OF THE LAND CONVEYED TO A BROKERS ASSOCIATED BY DEED DATED 4 DECEMBER 1986 IN DEED BOOK 633, PAGE 349. ,r`�E�Lrg 0 L. ALLEN EBERT o L ALLEN EBERT PROFESSIONAL LAND SURVEYOR 35 W 8MC4 MST. (LICENSE) N0' 144e M�Vr7'ES T RI VA 22601 4 703 667 3233 J�rD ��i0 ASH HOLLOW i � o SEC TES .0 , TES N 21 20 19 IB 17 76.25' N 87m 27' 20" W - 199.5.9. io 121.34' S 75' 56' 42" E — �� E'EN SPACE 24.00' a - - - _ _ _ EASE Vr m - LOT 8 ti m ' N S 75' 56' 42" E - 120.00' Lu Q Q I-- 20.00' LOT 7 20.00' --I a Q o W-- 20.00' LOT 6 20.00' o Z IN J (V Pr) � O ti W ' �� o ~ ' ca--20.00' LOT 5 20.00'--w NIt' W W O N _ m_ a V N m Q j I� 20.00' LOT 4 20.00' _ I W m O� •d � O O p M w `n w _ �' � 1-20.00, LOT 3 2o'.00L—lz a — OmIiN Z Q i N N I-20.00' LOT 2 20;oo'--I N cr _ N 75' 58' 42" W - 120.00' Z LOT S 0,58 oRn 18. 7937., W W � cp 40. gg. 0 — ARC 17.12_ co ti 41.19' p�. OWE- - - _ �y W ca N S�"A C N S s 7' 28. 39'. E - 115,s4 ASEA'NT U rRA C VAr NII m L E Y S s7' 2B. 39..E - 197.6 . 1 N MILL RO 3 AD-V A. AREA TABULATION: TRACT A 13,576 SQ. FT. TRACT B 4,854 TRACT C 4,943 LOT 1 7,015 LOT 2 2,400 LOT 3 2,400 LOT 4 2,400 LOT 5 2,400 LOT 6 2,400 LOT 7 2,400 LOT 8 7,417 TOTAL 52,205 SQ. FT.- 1.198 ACRES TRACT C IS TO BE CONVEYED TO THE COMMONWEALTH OF VIRGINIA FOR IM- PROVEMENT OF VA. ROUTE 659. TRACT A AND TRACT 8 ARE TO BE CONVEYED TO AND MAINTAINED BY A DULY ESTABLISHED HOMEOWNER'S ASSOCIATION. 9 1\ M In W H a 04 I— N W = o —� J 0 --_ cf) a U ROUTE 659 L ALIEN EBERT (LICENSE) No. 1498 ❑i 9 4 Frederick County Sanitation Authority Post Office Box 618 WINCHESTER, VIRGINIA 22601 To L X Z L,EiV 4cr4BFR T 3 ,S W 90sc rW6,V sT Wlwch,Fsnn Y� ;, del DATE /, V JOB NO. ATTENTION ,E' T RE - JOY Z RE W i ti GENTLEMEN: WE ARE SENDING YOU 9?"'Attached ❑ Under separate cover via El Shop drawings El Prints 91 clans ❑ Copy of letter ❑ Change order ❑ THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ For your use ❑ As requested ❑ For review and comment ❑ FOR BIDS DUE REMARKS ❑ Approved as submitted ❑ Approved as noted &I Returned for corrections the following items: ❑ Samples ❑ Specifications ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints 19 ❑ PRINTS RETURNED AFTER LOAN TO US hG�i YovR �•Iy.�O COP TO SIGNED: FORM 240-2 - Avelleble from � woton. mass. 01450 If enclosures are not as noted, kindly not' at once. • • • &1A Ile �y f • r 0 �� - �EJ�'c-O�nnr�V i � • 4 �Z,4,A.) F4 CO A)s; Ate► s b - / 5p . /7 �Av-ems, :L = 1/7 32- )c/.o�S D. SG cps. P>05 ,-.1 czOPP17 Aj = 9 m,� . C_ : A rZ Cz+4 P4\/ D .3 Z S0 .26 Z-o v F- . i S S s 3 'G nAss & I_ z o c4 571) 7. 9.j - (0°) 2-2. 4/ mI"i j- t 29. y ,N / gra- = C. (-2.N� = /- Z3 cFs ?64r-- Ft-o\AJ 0 Z i?Q L) f Sic iZ 4*,.Z- IJ L 0,14, . y z Y y z y )�23� /5 �X SS�x �� = �� Z75 �t3 L ALLEN E6 , Prafemionat Land SurvE.ror 35 W. 6oscawen St 'frkhPsta, VA. 22601 703 667 3233 /987 �z M�4,Zcf! lye? E&� ice;= icy-+�1 1)44-7�q r N T a = // 7. 7 yE q;Z_ 3• z.. /N/ N J2_ . z4 zs)CT.Z�Ci.o�S O.S(s Ors. bFJc-LOP P",iF-Q i C g m /,Oj . 0 a4vZZ) .3Z $c7 .26 i?.ov r- G-n-A S S (9_ I_ 7-0 1 Z_ cA •66 Z9.gmIj 2-9. V rN .51) (-2.q) = / • 23 CF-s PE4ir-- FLOva/ 0 Z�Q L) (/L Sic iZ J L)44 E. I-- l23)C9>_( z9.yk3>J-s6 9 y z y )/ 230 fz%3 � r r �5 x gs x �� _> = Z75 xl3 L AUM EMT Professional land Surveyor 35 MK Rmawen SL Winches ar, VA. 22601 703 667 3233 1987 iz �n�4�uN /987 T-o2 T.,T;a� ?L N: • GROVES 8, HUTCHINSON ATTORNEYS AT LAW WINCHESTER, VIRGINIA I THIS DEED OF DEDICATION, made and dated this /l j Say of January, 1983, by and between A BROKERS ASSOCIATED, a Virginia I partnership, herein called the Grantor, and FREDERICK COUNTY, VIRGINIA, the Grantee. I W I T N E S S E T H: The Grantor desires to subdivide that certain parcel of land in Stonewall Magisterial District, Frederick County, Virginia, j which was conveyed to it by Annie E. Haymaker by deed dated j December 4, 1986, which deed is of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 633, at Page 349, in accord with that certain plat and survey made by L. Allen Ebert, Land Surveyor, dated September 23, 1987, which is I incorporated into and made a part hereof; and, The Grantor certifies that the subdivision of said tract, to be known as VALLEY MILL VILLAGE, is with its free consent and in i accordance with its desires and with the consent of the trustee under that certain deed of trust dated December 4, 1936, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 633 at page 352, all of which is evidenced by their signatures below. NOW, THEREFORE, THIS DEED OF DEDICATION: That for and in consideration of the premises and the benefits which will accrue by reason of this dedication, the Grantor does hereby subdivide, grant and dedicate in fee simple all of that certain tract or parcel of land designated as VALLEY MILL VILLAGE, lying and being situate in Stonewall Magisterial District, Frederick County, Virginia, and being more particularly described by the aforesaid plat of L. Allen Ebert, Land Surveyor, attached hereto and made a part hereof. All persons, including corporations, who shall hereafter ac- quire any land in Valley Mill Village, described in the plat, shall i be taken and held to agree with the Grantor herein and with its successors and assigns, to conforn to and observe the follcwing �J • GROVES HUTCHINSON ATTORNEYS AT LAW WINCHESTER. VIRGINIA covenants, conditions, restrictions and reservations as to the use ! of the land; and that all conveyances are made and accepted on and subject to the following covenants, conditions, restrictions, and reservations, which provide a uniform plan for the improvement of i I the entire subdivision and which shall apply to and run with the conveyed land for the benefit of any and all persons who now own, or who may hereafter own any land in Valley Mill Village. All successive future owners and occupants shall have the same right to invoke and enforce the covenants, conditions, restrictions, and reservations applicable to this conveyance as the original owner named herein against any person violating or threatening to violate i such covenants, conditions, restrictions, and reservations. Every person or entity who becomes the record owner of a fee simple interest, undivided or not, in any lot in Valley Mill Village shall, by acceptance of the deed, or other form of conveyance (devise, intestacy, etc.) become a member of the Valley Mill Village Homeowners Association. Each member of the association shall be entitled to one vote for each lot in which he or she holds the interest required for membership in the association. When more than one person holds such interest in any lot, all such persons shall be members. The vote for such lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast per lot. The affairs of the association shall be managed by a board of directors who are elected by the members of the association. So long as the Grantors herein own any lot or land shown on the plat and survey attached herewith, they shall be eligible to serve as directors of the association. Each owner of any lot within Valley Mill Village shall be deemed to covenant with the association to pay, when due, annual assessments as fixed by the association. Membership in the association shall be appurtenant to and may not be separated from the ownership of any lot subject to assessment. I I The Grantors may levy an initial assessment on the owner of each lot in Valley Mill Village a sum not to exceed One Hundred Fifty Dollars ($150.00) per lot. This initial and subsequent assessments as provided for herein shall be at a uniform rate for each lot. Subsequent assessments and other matters shall be as set forth in the by-laws as established by the association's board of directors. Any assessment made pursuant to this instrument shall constitute a lien until paid, and the sale or transfer of any lot shall not affect the assessment lien nor shall it relieve such lot from liability for any assessments thereafter becoming due. This lien is expressly inferior and subordinate to any deed of trust presently or hereafter encumbering the property, unless record notice to the contrary is given prior to the recordation of the i deed of trust. Such assessments are to be used exclusively for the purpose ofl promoting the recreation, health, safety and welfare of the i residents in the Valley Mill Village, including but not limited to snow removal, maintaining the paved areas and open spaces as noted on the plat, and the payment of any real estate taxes assessed I against said areas. The Grantor hereby covenants for its successors and assigns, that it will convey fee simple title to the open spaces to the Valley Mill Village Homeowners Association, prior to the conveyance of the first lot. I When all of the lots within the subdivision have been sold, I the rights and responsibilities regarding assessments will be delegated to and assumed by the Valley Mill Village Homeowners Association. The Grantors or the Valley Mill Village Homeowners Association, as the case may be, may review these assessments annually and adjust the amount as necessary. The assessments provided for herein shall commence as to all GROVES a lots on the first day of the month following the _onvt�yance of the HUTCHINSON ATTORNEYS AT LAW WINCHESTER. VIRGINIA I I • .0 GROVES a HUTCHINSON ATTORNEYS AT LAW WINCHESTER. VIRGINIA open spaces. The Grantor, or the Valley Mill Village Homeowners i Association, shall fir, the amount of the annual assessment against each lot at least thirty days in advance of each annual assessment period following the initial assessment year. Written notice of the annual assessment shall be sent to every owner subject thereto. The due dates shall be established by the Board of Directors. The I Grantor or the Association shall, upon demand at any time, furnish I I a certificate setting forth whether the assessments on a specified lot have been paid. A reasonable charge may be made for the issuance of these certificates, and such certificates shall be conclusive evidence of payment of any assessment therein stated to have been paid. In the event that the association, or its successors, shall fail to maintain the open spaces in reasonable order and condition, the Grantee herein may take such action as authorized by its zoning ordinance. Every member, the members of his family, his tenants, or contract purchasers who reside on the property, shall have a right and easement of enjoyment in and to the open spaces, specifically including but not limited to the rights of ingress and egress across the aforesaid open spaces and such easement shall be appurtenant to and shall pass with the title to every assessed lot, subject to the rights of the association to dedicate or transfer all or part of the open spaces to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members. However, no such dedication or transfer shall be effective unless an instrument signed by members entitled to cast two-thirds of the votes has been recorded agreeing to such dedication or transfer, and unless written notice of the proposed action is sent to every member not less than twenty-five days nor more than fifty days in advance. The Grantors reserve unto themselves, their successors or I assigns, the right to erect and maintain telephone and electric lines, conduits, equipment, sewer, gas and water lines, storm drainage, surface drainage, or to grant easements or rights of way therefore, with the right to enter and leave for the purpose of erection and/or maintenance, on or under Tract B, as shown on the attached plat. No building, structure, addition nor exterior alteration or improvements of any character shall be constructed upon or over the access easement at the rear of the lots as shown on said plat; and neither shall any building, structure, addition i or exterior alteration or improvements of any character be constructed any lot or dwelling located thereon unless the plan of construction, including quality of workmanship, design, colors and i materials, shall have been approved in writing by the Valley Mill i Village Homeowners Association as being in harmony with the whole subdivision. If in the construction of any dwelling by Grantor there occurs an encroachment, then such encroachment shall be deemed a perpetual easement for the benefit of the dominant lot. No lot shall be further subdivided or separated into smaller lots by any owner and no portion less than all of such lot, nor anyi I easement or other interest herein, shall be conveyed or transferred by an owner, provided that this shall not prohibit deeds of correction, deeds to resolve boundary disputes and similar corrective instruments. The lots shall be used for single family residential purposes only. No commercial enterprise, profession or home occupation shall be conducted in or on any part of a lot No signs or advertising of any nature shall be erected, placed or maintained on any lot nor upon any building, except informational signs of Grantors. However, each lot owner may place his own "For Sale" sign, or that of a real estate broker, on his property at such time as his property may be for sale. Such sign shall not exceed five square feet in area. GROVES HUTCHINSON ATTORNEYS AT LAW WINCHESTER. VIRGINIA • GROVES HUTCHINSON ATTORNEYS AT LAW WINCHESTER. VIRGINIA No self -powered recreational vehicles (including, but not limited to, motorcycles, motorscooters, trail bikes, mini -bikes, go-carts, snowmobiles, and all -terrain vehicles) shall be operated on the common easements or open spaces, except in the case of a vehicle licensed for highway use, for normal transportation purposes over Tract B. No boats, mobile homes, motor homes, campers, buses, trailers of any type, tractors, trucks or other motor vehicles (other than automobiles, motorcycles, pickup trucks and vans weighing 3/4 ton or less, shall be permitted on any lot except during the course of construction. No vehicles shall be parked on the common easements or open spaces. No lot shall be used or maintained as a dumping ground for rubbish, trash, garbage or other waste. All domestic trash, garbage or other waste shall be kept in sanitary containers. All equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition. All improvements on any lot shall be kept in a safe and sightly condition. Only vehicles displaying a valid Virginia inspection sticker may be parked on any of the lots. No animals of any kind shall be permitted on any lot, except that dogs, cats and other usual household pets may be kept provide that no household pets shall be permitted to run at large in said subdivision. . No fence shall be constructed or erected across the front of any lot in said subdivision. In the event the original fence constructed across the rear of any lot shall need repair or replacement, such repairs and/or replacement shall be made of wood only, said fence shall not exceed six feet in height, shall have a gate, and shall not be built on or across any portion of the acces easement across the rear boundary of the lot as shown on said plat No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which -:ty be or may become _x • GROVES a HUTCHINSON ATTORNEYS AT LAW WINCHESTER. VIRGINIA an annoyance or nuisance to the neighborhood. Each lot shall be kept well mowed and free of weeds and debris at all times, and shall be kept cleared in accordance with state laws and local ordinances. In the event any of the aforesaid covenants and restrictions are violated by the lot owner and such violation shall continue for a period of thirty days after written notification thereof by the Grantors, or their successor, the Valley Mill Village Homeowners Association, he or she shall be subject to a penalty of $1,000.00 for the said violation, and an additional penalty of $25.00 per day for the period that the violation continues. The payment of these penalties shall be made to the Grantors, their successors, or the Valley Mill Village Homeowners Association, and shall be set aside and held to defray the expenses of the maintenance of the paved andl I open areas as aforesaid. The general rules of law regarding party walls and liability for property damages due to negligence or willful acts or onission shall apply. The cost of reasonable repair and maintenance of a party wall shall be shared by the two adjoining landowners, except to the extent the wall is not of use to one of the owners. If a party wall is destroyed or damaged by fire or other casualty, any owner who has use of the wall may restore it and if the other owners thereafter make use of the wall, they shall contribute to the cost of the restoration thereof in proportion to such use without prejudice, however, to the right of any such owners to call for a larger contribution from the others under any rule of law regarding liability for negligence or for willful acts or omissions. Notwithstanding any other provision herein, an owner rho by his negligence or willful act causes a party wall to be exposed to the elements shall bear the whole cost cf furnishing the necessary protection against such elements. The right of any owner to � i contributicn from any other owner under :his rrovisic._ shay_ be I i I appurtenant to the land and shall pass to such owner's successor in i title. The Grantor herein reserves and shall have the right to waive any one or more of the restrictive covenants and conditions contained herein as to any lot transferred by it except that it cannot change the use of any lot from residential to commercial. This waiver shall not affect the binding effect of the covenants and conditions upon any other lot. The Grantor further reserves the right alone to impose additional restrictive covenants and restrictions as to any lot or lots owned by it at the time of the imposition and such imposition shall not affect the binding effect of these provisions upon any other lots. These restrictions are covenants real which shall run with thei land, and shall be binding upon all future lot owners, and those claiming under them, for a period of ten years from date of i recordation of this instrument. Thereafter, these restrictions I shall be automatically extended for successive periods of ten years, unless an instrument signed by a majority of the lot owners of, Valley Mill Village, agreeing to amend the restrictions, in whole or part, is recorded in the land records of Frederick County, Virginia, prior to the commencement of one of the said ten year terms. It is expressly agreed that if any covenant or condition or i restrictions herein contained, or any portion thereof, is void or declared invalid by court decree, such voidness or invalidity shall! not affect any of the other covenants, conditions, or restrictions set forth herein. Failure to enforce any of these covenants and restrictions shall not be deemed to be a waiver of the right of any party to i enforce any continued or future violations. Any violations of these covenants shall be deemed to be a continuing one until remedied and shall be enforceable by appropriate court action GROVES a HUTCHINSON ATTORNEYS AT LAW WINCHESTER. VIRGINIA ! instituted at any time by any one or more lot owners in the subdivision, including Grantors. WITNESS our hands and seals this day of January, 1988. A BROKERS ASSOCIATED, a Virginia partnership ��_ [SEAL] by AGL KOONCE, II, partner SEAL] GRA4VILLE M. KERN , artner [SEAL] HILIP E GROVW Sole Acting Trustee STATE OF VIRGINIA CITY OF WINCHESTER The foregoing instrument was acknowledged before me this _N' i_� day of January, 1988, by Swagler H. Koonce, II, partner, and Granville M. Kerns, partner, on behalf of A Brokers Associated, a Virginia partnership. `t ( �� I 1� i ��1.rk NOTARY/fiPUBLIC My Commission expires: / /9 STATE OF VIRGINIA CITY OF WINCHESTER The foregoing instrument was acknowledged before me this day of January, 1988, by Philip E. Groves, Sole Acting Trustee. IIOTARY PUBLIC GROVES My Commission expires: HUTCHINSON 4`kddedic.f ATTORNEYS AT LAW WINCHESTER. VIRGINIA E ►1 Li BY-LAWS VALLEY MILL VILLAGE HOMEOWNERS ASSOCIATION ARTICLE I DEFINITIONS SECTION 1. "Association" shall mean and refer to the Valley Mill Village Homeowners Association, an unincorporated association existing under the laws of Virginia. SECTION 2. "Property" shall mean and refer to that certain real property located in Stonewall District of Frederick County, Virginia, as shown on plat and survey of L. Allen Ebert, Land Surveyor, denominated "Valley Mill Village" dated September 23, 1987. SECTION 3. "Lot" shall mean and refer to any of the lots designated upon the plat of Valley Mill Village. SECTION 4. "Member" shall mean and refer to every person or entity who holds membership in the Association. SECTION 5. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any lot which is a part of the property, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. ARTICLE II LOCATION SECTIO14 1. The principal office of the Association shall be located at 3237 Valley Avenue, Winchester, Virginia. ARTICLE III MEMBERSHIP AND VOTING RIGHTS SECTION 1. The Deed of Dedication and restrictive covenants of Valley Mill Village, dated 1988, of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book _, at Page _, are hereby referred to and by this reference made a part hereof as if set out fully. SECTION 2. The rights of membership are subject to the payment of annual and special assessments levied by the Association, the obligation of which assessments is imposed against each owner of and becomes a lien upon the property against which such assessments are made as provided by the Deed of Dedication to which each lot is subject, which is of record as aforesaid. SECTION 3. The membership rights of any person whose interest in any of the Lots is subject to such assessments, whether or not he be personally obligated to pay such assessments, may be suspended by action of the directors during the period when the assessments remain unpaid; but, upon payment of such assessments, his rights and privileges shall be automatically restored. ARTICLE IV BOARD OF DIRECTORS SECTION 1. Directors shall be elected at the annual meeting or at a special meeting called for that purpose, by a plurality of the votes cast at such election. Directors shall serve until the election of their respective successors. There shall be three directors. ARTICLE V ELECTION OF DIRECTORS: NOMINATION COMMITTEE, ELECTION COMMITTEE SECTION 1. Election to the Board of Directors shall be by written ballot as hereinafter provided. At such election, the members or their proxies may cast, in respect of each vacancy, as many votes as they are entitled to exercise under the provisions of the recorded covenants applicable to the property. The names receiving the largest number of votes shall be elected. SECTION 2. Nominations for election to the Board of Directors shall be made by a Nominating Committee. SECTION 3. The Nominating Committee shall consist of a Chairman, who shall be a member of the Board of Directors, and two (2) or more members of the Association. The Nominating Committee shall be appointed by the Board of Directors prior to each annual meeting of the members to serve from the close of such annual meeting until the close of the next annual meeting and such appointment shall be announced at each such annual meeting. SECTION 4. The Nominating Committee shall make as many nominations for election to the Board of Directors as it shall in its discretion determine, but not less than the number of vacancies that are to be filled. Nominations shall be placed on a written ballot as provided in Section 5 and shall be made in advance of the time fixed in Section 5 for the mailing of such ballots to members. SECTION 5. All elections to the Board of Directors shall be made on written ballot which shall: (a) describe the vacancies to be filled; (b) set forth the names of those nominated by the Nominating vote by the members for each vacancy. Such ballots shall be prepared and mailed by the Secretary to the members at least ten (10) days in advance of the date set forth therein for a return (which shall be a date not later than the day before the annual meeting or special meeting called for elections). SECTION 6. Each member shall receive one ballot. Notwith- standing that a member may be entitled to several votes, he shall exercise on any ballot only one vote for each vacancy shown thereon. The completed ballots shall be returned as follows: Each ballot shall be placed in a sealed envelope marked "Ballot" but not marked in any other way. The ballots shall be returned to the Secretary at such address as determined by the Board of Directors. SECTION 7. Upon receipt of each return, the Secretary shall immediately open the ballots and, along with the President and Vice President, count the votes and determine the outcome. ARTICLE VI _.,. POWERS AND DUTIES OF THE BOARD OF DIRECTORS SECTION 1. The Board of Directors shall have the power: (a) To call special meetings of the members whenever itdeems necessary and it shall call a meeting at any time upon written request of three voting members, as provided in Article X, Section 2, of these by-laws. (b) To appoint and remove at pleasure all officers,agents and employees of the Association, prescribe their duties, fix their compensation, and require of them such security or fidelity bond as it may deem expedient. Nothing contained in these by- laws shall be construed to prohibit the employment of any member, officer or director of the Association in any capacity whatsoever. (c) To establish, levy and assess, and collect the assessments of charges referred to in Article III, Section 2, of these by- laws. (d) To adopt and publish rules and regulations governing the use of the common property and facilities and the personal conduct of the members and their guests thereon. (e) To exercise for the Association all powers, duties and authority vested in or delegated to this Association, except those reserved to the meeting or to members in the covenants. (f) In the event that any member of the Board of Directors of this Association shall be absent from three (3) consecutive regular meetings of the Board of Directors, the Board may by action taken at the meeting during which said third absence occurs, declare the office of said absent director to be vacant. SECTION 2. It shall be the duty of the Board: (a) To cause to be kept a complete record of all itsacts and affairs and to present a statement thereof to the members at the annual meeting or at any special meeting when such is requested in writing by three of the voting members, as provided in Article X, Section 2, of these by-laws. (b) To supervise all officers, agents and employees of this Association, and to see that their duties are properly performed. (c) To fix the amount of the assessment for subsequentyears (1988 having an assessment of $150.00 per lot) against each lot for each assessment period at least thirty (30) days in advance of such date or period and, at the same time: (1) To prepare a roster of the property and assessments applicable thereto which shall be kept in the office of the Association and shall be open to inspection by any member, and, (2) To send written notice of each assessment to every owner subject thereto. • (d) To issue, or to cause an appropriate officerto issue, upon demand by any person a certificate setting forth whether any assessment has been paid. Such certificate shall be concalusive evidence of any assessment therein stated to have been paid. ARTICLE VII DIRECTORS MEETING SECTION 1. A regular meeting of the Board of Directors shall be held at least once a year on the of at p.m. provided that the Board of Directors may, by resolution, change the day and hour of holding such regular annual meeting. SECTION 2. Notice of such regular meeting is hereby dispensed with. If the day for the regular meeting shall fall upon a holiday, the meeting shall be held at the same hour on the first day following which is not a holiday, and no notice thereof need be given. SECTION 3. Special meetings of the Board of Directors shall be held when called by any officer of the Association or by any two directors after not less than three (3) days' notice to each - director. SECTION 4. The transaction of any business at any meeting of the Board of Directors, however called and noticed, or wherever held, shall be as valid as though made at a meeting duly held after regular call and notice if a quorum is present and, if either before or after the meeting, each of the directors not present signs a written waiver of notice, or a consent to the holding of such meeting, or an approval of the minutes thereof. All such waivers, consents or approvals shall be filed with the corporate records and made part of the minutes of the meeting. SECTION 5. The majority of the Board of Directors shall constitute a quorum thereof. ARTICLE VIII OFFICERS SECTION 1. The officers shall be a president, a vice- president, a secretary and a treasurer. The president and the vice-president shall be members of the Board of Directors. SECTION 2. The officers shall be chosen by majority vote of the directors. SECTION 3. The officers shall hold office at the pleasure of the Board of Directors. SECTION 4. The president shall preside at all meetings of the Board of Directors, shall see that orders and resolutions of the Board of Directors are carried out and sign all checks and other written instruments. SECTION 5. The vice-president shall perform all the duties of the president in his absence. SECTION 6. The secretary shall be ex officio the secretary of the Board of Directors, shall record the votes and keep the minutes of all proceedings in a book to be kept for the purpose. He shall sign all certificates of membership. He shall keep the records of the Association. He shall record in a book kept for that purpose the names of all members of the Association together with their addresses as registered by such members (Article X, Section 3, of these by-laws). SECTION 7. The treasurer shall receive and deposit in appropriate bank accounts all monies of the Association and shall disburse such funds as directed by resolution of the Board of Directors, provided however, that a resolution of the Board of Directors shall not be necessary for disbursements made in the ordinary course of business conducted within the limits of a budget adopted by the board. The treasurer shall sign all checks and notes of the Association, provided that such checks and notes shall be also signed by the president or the vice-president. SECTION 8. The treasurer shall keep proper books of account and cause a review of the Association books to be made by the Audit Committee at the completion of each fiscal year. He shall prepare an annual budget and an annual balance sheet statement and the budget and balance sheet statement shall be presented to the membership at its regular annual meeting. ARTICLE IX COMMITTEES SECTION 1. The Standing Committees of the Association shall be: The Maintenance Committee The Architectural Control Committee The Audit Committee Unless otherwise provided herein, each committee shall consist of a Chairman and two or more members and shall include a member of the Board of Directors for board contact. The committees shall be appointed by the Board of Directors prior to each annual meeting to serve from the close of such annual meeting until the close of the next annual meeting. The Board of Directors may appoint such other committees as it deems desirable. SECTION 2. The Maintenance Committee shall advise the Board of Directors on all matter pertaining to the maintenance, repair or improvement of any common property and facilities of the Association, and shall perform such other functions as the board, in its discretion, determines. SECTION 3. The Architectural Control Committee shall have the duties and functions described in the Deed of Dedication applicable to the property. It shall watch for any proposals, programs, or activities which may adversely affect the residential value of the property and shall advise the Board of Directors regarding Association action on such matters. SECTION 4. The Audit Committee shall supervise the annual review of the Association's books and approve the annual budget and balance sheet statement to be presented to the membership at its regular annual meeting as provided in these by-laws. The treasurer shall be an ex officio member of the committee. SECTION 5. It shall be the duty of each committee to receive complaints from members on any matter involving Association functions, duties, and activities within its field of responsibility. It shall dispose of such complaints as it deems appropriate or refer them to such other committee, director or officer of the Association as is further concerned with the matter presented. ARTICLE X MEETINGS OF MEMBERS SECTION 1. The regular annual meeting of the members shall be held on in each year, at 7:00 p.m. If the day for the annual meeting of the members shall fall upon a holiday, the meeting will be held at the same hour on the first day following which is not a holiday. In addition to the election of directors and setting of directors' fees, the membership shall conduct such other business allowed by law. SECTION 2. Special meetings of the members for any purpose may be called at any time by the President, the Vice -President, the Secretary or Treasurer, or by any two or more members of the Board of Directors, or upon written request of three members who have a right to vote. SECTION 3. Notice of any meeting shall be given to the members by the Secretary. Notice may be given to the member either personally, or by sending a copy of the notice through the mail, postage thereon fully prepaid to his address appearing on the books of the association. Each member shall register his address with the Secretary, and notices of meetings shall be mailed to him at such address. Notice of any meeting, regular or special, shall be mailed at least six (6) days in advance of the meeting and shall set forth in general the nature of the business to be transacted, provided however, that if the business of any meeting shall involve an election governed by Article V of these by-laws or any action governed by the Deed of Dedication applicable to the property, notice of such meeting shall be given or sent as therein provided. SECTION 4. The presence at the meeting of members entitled to cast, or of proxies entitled to cast, three of the votes of the membership shall constitute a quorum for any action governed by these by-laws. ARTICLE XI PROXIES SECTION 1. At all meetings of members, each member may vote in person or by proxy. SECTION 2. All proxies shall be in writing and filed with the Secretary. No proxy shall extend beyond a period of eleven (11) months, and every proxy shall automatically cease upon sale by the member of his home or other interest in the property. ARTICLE XII BOOKS AND PAPERS SECTION 1. The books, records and papers of the Association shall at all times, during reasonable business hours, be subject to the inspection of any members. ARTICLE XIII AMENDMENTS SECTION 1. These by-laws may be amended, at a regular or special meeting of the members, by a vote of a majority of a quorum of members present in person or by proxy; and provided further that any matter stated herein to be or which is in fact governed by the covenants and restrictions applicable to the property may not be amended except as provided in such covenants or restrictions. SECTION 2. In the case of any conflict between the covenants and restrictions applicable to the property and these by-laws, the Covenants and Restrictions shall control. IN WITNESS WHEREOF, we, being all of the directors of the VALLEY MILL VILLAGE HOMEOWNERS ASSOCIATION, have hereunto set our hands this date: , 1988. M . It 0 GROVES a HUTCHINSON ATTORNEYS AT LAW WINCHESTER. VIRGINI THIS DEED OF GIFT, made and dated this I TLI) day of January, 1988, by and between A BROKERS ASSOCIATED, a Virginia partnership, herein called the Grantor, and VALLEY MILL VILLAGE HOMEOWNERS' ASSOCIATION, an unincorporated association, herein called the Grantee. W I T N E S S E T H: That for and in consideration of the sum of the sum of One Dollar, and other consideration deemed adequate at law, the receip of all of which is hereby acknowledged, the Grantor does hereby grant and convey, with English covenants and General Warranty of title, unto the Grantee, in fee simple, all of those certain tract denominated as "Tract A", "Tract B", and "Tract C", on that certai plat dated September 23, 1987 by L. Allen Ebert, Land Surveyor, recorded with and made a part of the Deed of Dedication of Valley Mill Village subdivision, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book at page _, together with the improvements thereon and the appurtenances thereunto belonging, lying and being situate in Stonewall Magisterial District, Frederick County, Virginia; and being a portion of the real estate conveyed to the Grantor herein by deed from Annie E. Haymaker dated December 4, 1986, of record i the aforesaid clerk's office in Deed Book 633 at page 349. Reference in hereby made to the aforesaid instruments and the attachments and the references therein contained for a more particular description of the property hereby conveyed. This conveyance is made subject to the duly recorded and enforceable restrictions, easements, and rights of way affecting title to the said property. WITNESS the following signatures and seals: A BROKERS ASS IATED, a Virginia partnership i by: G LE M. KERBS", artner Nt • • GROVES HUTCHINSON ATTORNEYS AT LAW WINCHESTER, VIRGINIA by: '/ / I�,'._A_ SWACfER VKOONCE, II, Partner COMMONWEALTH OF VIRGINIA CITY OF WINCHESTER, to -wit: Acknowledged before me this 1 2) day of January, 1988, by Granville M. Kerns and Swagler H. Koonce, II, partners, on behalf of A Brokers Associated, a Virginia partnership. Given under my hand this 1-Vj, day of January, 1988. \' �L'(c' 02 NOTARY PUBLIC My commission expires: Ll rli /% /C!Y PAGE 3 • RUN DATE: 03/13� FRED K COUNTY, VIRGINIA • PLANNIN DEVELOPMENT LABEL LIST NAME/ •I MAP N0. /ADDRESS ' ------- 54000-A00-0000-0000-0109-0 ----------- GOLLIDAY, JOSEPH E. . 911 WOODLAND AVENUE WINCHESTER, VA. i 54000-006-0000-000B-0009-0 JENSEN# PAU! C. 303 ASH HOLLOW DRIVE WINCHESTER, VA. 54000-006-0000-0003-0010-0 HENRY, CLAUDIA G. RT. 1 SOX 14-H • CLEARBROOK, VA. 54000-036-0000-0008-0011-0 ZUCKERMAN, KRISTIN G. . 307 ASH HOLLOW DRIVE WINCHESTER, VA. 54000-006-0000-0008-0012-0 LICHLITER, HARRY C. 6 ESTHER L. RT. 3 30X 275 WINCHESTER, VA. 54000-006-0000-0003-0013-0 CLEM, BETTY M. m� 31 ASH HOLLOW RD. WINCHESTER, VA. a • 54000-006-0000-0003-0014-0 HARPER, GREGORY E. 313 ASH HOLLOW DRIVE WINCHESTER, VA. 54000-006-0000-0008-0015-0 CREAGER, DAVID D. 315 ASH HOLLOW DRIVE WINCHESTER, VA. 54000-006-0000-OOOB-0016-0 HERNDON, DENNIS A. JEAN K. P. 0. 3OX 176 HAMILTON, VA. 54000-006-0000-OOOC-0017-0 BOWERS, JOSEPH R. 1529 ASH HOLLOW OR. WINCHESTER, VA. 54000-006-0000-OODC-0018-0 YODER, MAX D. E ELLEN V. 3842 LOY CIRCLE WINCHESTER, VA. 54000-006-0000-OODC-0019-0 VICKERS, JAMES T. RT. 2 30X 1304 FRONT ROYAL, VA. 54000-006-0000-OOOC-0020-0 PUGH, ROXANNA J. 1517 ASH HOLLOW DR. WINCHESTER, VA. DROPERTY DESCRIPTION 1732 VALLEY MILL RD 22601 ASH HOLLOW ESTATES L9 SB 22601 ASH HOLLOW ESTATES L10 SB 22624 ASH HOLLOW ESTATES Lll SB 22601 ASH HOLLOW ESTATES L12 SB 22601 ASH HOLLOW ESTATES L13 SB 22601 ASH HOLLOW ESTATES L14 SB 22601 ASH HOLLOW ESTATES L15 SB 22601 AS4 HOLLOW ESTATES L16 SB 22068 ASH HOLLOW ESTATES L17 SC 22601 ASH HOLLOW ESTATES L13 SC 22601 ASH HOLLOW ESTATES L19 SC 22630 ASH HOLLOW ESTATES L20 SC 22601 LAND IMPRUV. ACREAGE - ZONE U/C VALUE VALUE- .50 RP AG 5,000 RP RS 5,600 38,800 RP RS 4,700 313,800 RP RS 49700 389600 RP RS 49700 36,600 RP RS 497OU 36,800 RP RS 41700 31,900 RP RS 4,700 319700 RP RS 5,600 379700 RP RS 5,000 351,900 RP RS 49700 351900 RP RS 49700 35,900 RR RS 4,700 3b,900 RUN DATE; J3/13/87 FREOERICK COUNTY, VI43INIA PLAN'VIN6 & DEVELOPMENT LABEL LIST NAME/ 2 MAP N0. /ADDRESS - - - - - - --- --- ----- '. { S41C0-006-0000-0000—J062-0 ASH HOLLO'o+ ESTATES HOMEOWNERS s—_ ASSOCIATION, INC. e — P.O. BOX 3113 WINCHESTER, VA. a 22601 q i • i 1 • W] 1 0 • 3RO°ERTY DESCRIPTION 3. V. PIKE AC 0 • COUNTY of FREDERICK Departments of Planning and Building 703/665-5650 May 29, 1987 TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) The Application Of: Valley Mill Terrace Apartments Preliminary Master Development Plan For: Multi -family Residential Apartments on Valley Mill Road (Route 659) in the Stonewall District This Preliminary Master Development Plan will be considered by the Frederick County Planning Commission at their meeting of June 3, 1987, at 7:30 p.m., in the Board of Supervisors' Meeting Room, the Old Frederick County Court House, 9 Court Square, Winchester, Virginia. Any interested parties having questions or wishing to speak, may attend this meeting. Sincerely, Robert W. Watkins Director RWW/rsa i 9 Court Square - P.O. Box 601 Winchester, Virginia 22601 This is to certify that t� ttached correspondence was ma to the following on May 29, 1987 from the Depa*ent of Planning and Developmen , Frederick County, Virginia: GOLLIDAY" JOSEPH:c. 1 CLEM; BETTY:M. I 31 ASH HOLLOW.RD. 911.WOODLAND AVENUE WINCHESTER;`VA. WINCHESTER,'VA. 22601. 226171' I JENSEN; PAUL� C. — _ -- --- __ HARPER,' GREGORY:': E. 3C13 ASH.HOLLOW DRIVE' 313 ASH HOLLOW DRIVE WINCHESTER,''VA. rtINCHESTER; UA. 22601 22601 � J _ _------- - _ __--------_.---- - (CREAGER, " DAVID D. ,HENRYS CLAUDIA G. 315 ASH HOLLOW.DRIVE jRT. 1 BOX 14-H. WINCHESTER,°VA. CLEARBROOK�'VA. 22601 22624 _J (ZUCKERMAN; KRISTIN,G HEIRNDON,`DENNI'S A. 1307:.ASH HOLLOW DRIVE S JEAN K. IWINCHESTER,:VA.. P- Oi. BOX'176 22601 4MILTON, VA. i 22068 LICHLITER, HARRY.C. -- -- ,& ESTHER'L.• I RT'. 3: BOX 275 . WINCHESTER, ` VA ------ 2 2 6 01: Robert W. Watkins, Director Frederick County Dept. of Planning STATE OF VIRGINIA COUNTY OF FREDERICK county aforesaid, do hereby certify a Notary Public in and for the state and that Robert W. Watkins, Director for the Department of Planning and Development, whose name is signed to the foregoing, dated 77?0L. Q9, /092 , has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this aQI-k- day of OL..L,e, 1987. My commission expires on Z&Z - �{ NO)fARY PUBLIC 0 (BOWERS,' JOSEPH R. - - - �1529'ASH'HOLLOW DR. I WINCHESTER,`VA. i 22601. �YODER,' MAX' D. u ELLEN� V. 3842 LOY'CIRCLE WINCHESTER,'VA., 22601 �VICKERS, JAMES T. RT. 2.BOX 1304 FRONT' ROYAL, VA. 22630 J (PUGH? ROXANNA J. 1517. ASH: HOLLOW. DR. WINCHESTER, VA.. 22601: �ASH`HOLLOW ESTATES HOMEOWNERS — ASSOCIATION, INC. P.O.-BOX 3113 WINCHESTER, VA. 22601 A T3 okeu ks/saa%uted (ATTN: Swag Koonce) 3237 VaUey Avenue Winehe/steA, Vii ginia 22601 COUNTY of FREDERICK IDepartments of Planning and Building 703/6-5-5-5650 Y March 12, 1987 TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) The Application Of: Valley Mill Terrace Apartments Preliminary Master Development Plan for: Multi -Family Residential Apartments (12 units per building) on Valley Mill Road (Route 659) in the Stonewall District. This Preliminary Master Development Plan will be considered by the Frederick County Planning Commission at their meeting of March 18, 1987, at 2:00 p.m., in the Board of Supervisors' Meeting Room, the Old Frederick County Court House, 9 Court Square, Winchester, Virginia. Any interested parties having questions or wishing to speak, may attend this meeting. Sincerely, Robert W. Watkins Director RWW/rsa 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 yThis is to certify that t ttached correspondence was mai to the following on ,March 13, 1987 from the Deotment of Planning and Developm�, Frederick County, Virginia: A. Brokers Associated 3237 Valley Avenue Winchester, VA 22601 Joseph E. Golladay 911 Woodland Avenue Winchester, VA 22601 Paul c. Jenson 303 Ash Hollow Drive Winchester, VA 22601 Claudia G. Henry Route 1, Box 14-H Clearbrook, VA 22601 Kristen G. Zuckerman 307 Ash Hollow Drive Winchester, VA 22601 Betty M. Clem 311 Ash Hollow Drive Winchester, VA 22601 Gregory E. Harper 313 Ash Hollow Drive Winchester, VA 22601 David D. Creager 315 Ash Hollow Drive Winchester, VA 22601 Dennis A..Herndon P.O. Box 176 Hamilton, VA 22066 Joseph R. Bowers 1529 Ash Hollow Drive Winchester, VA 22601 Harry C. Lichliter Max D. Yoder Route 3, Box 275 3842 Loy Circle Winchester, VA 22601 Winchester, VA 22601 Robert W. Watkins, Director Frederick County Dept. of Planning STATE OF VIRGINIA COUNTY OF FREDERICK I , Lhrt?. � . � �Gt �1 a Notary Public in and for the state and county aforesaid, do hereby certify that Robert W. Watkins, Director for the Department of Planning and Development, whose name is signed to the foregoing, dated 3 -- 1 a'8 -1 , has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this 1 *3-"-' day of rj( )p� �--C.� , 1987. My commission expires on :3 - a$ -199 o_ ` 12, . &a, NOTARY PUBLIC Sames T. Vickers Route 2, Box 1304 Front Royal, VA 22630 Roxanna J Pugh 1517 Ash Hollow Drive Winchester, VA 22601 Ash Hollow Estates Homeowners Assoc.,Inc. P.O. Box 3113 Winchester, VA 22601 /II ;I yf, w: ? ,,,m""'�'""a,:,A.arm'."".."-.r.�.,�•�°:.a-^�'rw... � 2�� .o.,.�:+wct �.d.:,,,r-=•-+"... ..- ,.,....-_....rr-",w ,.sans,,,. C� • COUNTY of AEDERICK P.O. Box 601 - 9 Court Square Winchester, Virginia 22601 jqI It Jo v C:FiE 1.5 1.E�1.c�v);:1N:l 1:�E-TUIRt4 TO GI -ENDER, N0 R31;:WARD I:t~, G MINER (:)N TO F(:iFMARD David D. Creager 315 Ash Hollow Drive Winchester, VA 22601 COOgTY of FREDERICK Departments of Planning and Building !�S 703/654-5�-5650 March 12, 1987 TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) The Application Of: Valley Mill Terrace Apartments Preliminary Master Development Plan for: Multi -Family Residential Apartments (12 units per building) on Valley Mill Road (Route 659) in the Stonewall District. This Preliminary Master Development Plan will be considered by the Frederick County Planning Commission at their meeting of March 18, 1987, at 2:00 p.m., in the Board of Supervisors' Meeting Room, the Old Frederick County Court House, 9 Court Square, Winchester, Virginia. Any interested parties having questions or wishing to speak, may attend this meeting. Sincerely, Robert W. Watkins Director RWW/rsa 9 Court. Square - P.O. Box 601 - Winchester, Virginia - 22601. flSTAAMERICAN FIRST AMERICAN BANK OF VIRGINIA LETTER OF CREDIT LETTER OF CREDIT DEPARTMENT CREDIT NO. L/C #01892 DATE January 12, 1988 County of Frederick 9 Court Square Winchester, VA 22601 GENTLEMEN: I fE HEREBY OPEN OUR IRREVOCABLE LETTER OF CREDIT NO. L/C #01892 IN YOUR FAVOR FOR THE ACCOUNT OF A Brokers Associated IN THE AMOUNT OF U.S. $ 359000.00 AVAILABLE BY YOUR DRAFT(S) ON US AT SIGHT TO BE ACCOMPANIED BY: This Letter of Credit ensures to Frederick County that the funds are available should A Brokers Associated fail to complete the roads and utilities (sewer/water) for 8 townhouses off of Valley Mill.Road, in a development known as Valley Mill Village. This Letter of Credit will terminate if title to the subject property transfers. THE ORIGINAL OF THIS LETTER OF CREDIT MUST BE RETURNED TO US FOR ENDORSEMENT WITH EACH DRAW PRESENTED INCLUDING THE FINAL DRAW. SIGNED STATEMENT MUST BE DATED NOT LATER THAN December 31, 1988OR ANY AUTOMATICALLY EXTENDED DATE. ANY DRAFT DRAWN UNDER THE CREDIT MUST BE MARKED "DRAWN UNDER CREDIT NO. L/C #01892 OF FIRST AMERICAN BANK OF VIRGINIA." THIS CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS (1983 REVISION), INTERNATIONAL CHAMBER OF COMMERCE BROCHURE NO. 400. WE HEREBY AGREE WITH YOU THAT ANY DRAFT DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS OF THIS CREDIT SHALL BE DULY HONORED ON DUE PRESENTATION TO THE MAIN OFFICE OF FIRST AMERICAN BANK OF VIRGINIA, 1970 CHAIN BRIDGE ROAD, McLEAN, VIRGINIA 22102, ON OR BEFORE December 31, 1988 OR ANY AUTOMATICALLY EXTENDED DATE. FIRST AMERICAN BANK OF VIRGINIA a_ , Lon--� AUTHORIZED SIGNA RE TITLE Dorothy A. Co'finer, Assistant Vice President 336 (1/87) RESOLUTION i BY THE ASH HOLLOW ESTATES HOMEOWNERS ASSOCIATION Opposing the application of Valley Mill Terrace Apartments as submitted by A Brokers Associated Whereas, the Apartment Building Complex as submitted would not be in harmony with the current housing development as a whole and .... Whereas, the "Multi -Family" housing concept of Valley Mill Terrace Apart- ments would greatly disrupt the current trend of "Single Family" housing and .... Whereas, the Valley Mill.project would undermine the various provisions i. of the Ash Hollow Estate Deed of Dedication, specifically the articles governing Architectural Control and Use Restrictions and .... Whereas, in order to preserve the taxable values of the properties within Ash Hollow Estates and for the purpose of promoting the recreation, health, safety and welfare of it's residents .... Now, therefore, be it resolved that the Ash Hollow Estates Homeowners Association and it's residents do wholeheartedly oppose the application of Valley Mill Terrace Apartments. Date: June 3, 1987 Diane Collis, President Ash Hollow Estates Homeowners Association, Inc. C RESOLUTION BY THE ASH HOLLOW ESTATES HOMEOWNERS ASSOCIATION Opposing the application of Valley Mill Terrace Apartments as submitted by A Brokers Associated. Whereas, the Apartment Building Complex as submitted would not be in harmony with the current housing development as a whole and .... Whereas, the "Multi -Family" housing concept of Valley Mill Terrace Apart- ments would greatly disrupt the current trend of "Single Family" housing and .... Whereas, the Valley Mill project would undermine the various provisions of the Ash Hollow Estate Deed of Dedication, specifically the articles governing Architectural Control and Use Restrictions and .. Whereas, in order to preserve the taxable values of the properties within Ash Hollow Estates and for the purpose of promoting the recreation, health, safety and welfare of it's residents .... Now, therefore, be it resolved that the Ash Hollow Estates Homeowners Association and it's residents do wholeheartedly oppose the application of Valley Mill Terrace Apartments. Date: June 3, 1987 Diane Collis, President Ash Hollow Estates Homeowners Association, Inc. 0 • A BROKERS REACTORS 3237 VALLEY AVE. • WINC VA. 22601 • 703/662-6565 d ASSOCIATED 6 %`� 1' . H. " LITCH" KERNS, REALTOR " KOONCE II, REACTOR �� f � A P 1987 N C6 ^ April 14, 1987 Frederick County Planning & Development 9 Court Square Winchester, VA 22601 ATTN: Steve Gyurisin Dear Mr. Gyurisin: Pursuant to our recent conversation Swag and I would like to withdraw our site plan for the Valley Mill Terrace Apartments until a more in depth assessment can be made of changes needed. Thank you for the attention you have given this matter. With Kindest Regards, G.M. "Butch" Kerns GMK : sm 307 Ash Hollow Drive Winchester, VA 22601 March 27, 1987 Frank Brumback Rt. 4, Box 474 Winchester, VA 22601 Dear Mr. Brumback: As a resident of Ash Hollow Estates, whose home happens to abut the proposed sight of two 12 apartment buildings to be built by Swagler Koonce, I wish to express may "vehement opposition. I believe that in the quest to make money quick, investors and developers have lost sight of quality in homes and apartments and the effort to have single family housing communities. Just because the homes in our development are not $100,000 homes does not mean that we do not wish to maintain an attractive, quiet neighborhood. I believe you will find that quite a few of the residents along this proposed sight are single people, living alone, by choice, who do not wish the disturbance of neighbors that our Homeowners Association has no control over, let alone the additional traffic noise and lack of playground space for the children. As it is I have very little yard space and the prospect of a three story apartment building looming over it is very unsettling. It is most unfortunate that your Planning Commission meetings are held at 2:00 PM on the first and third Wednesdays of each month, because most of us are just not able to attend. Perhaps this is intentional, I don't know, but I would be there if at all possible. I wish the eight of you and our supervisor, William Orndoff, would just come out and stand in my backyard and imagine the great view and pleasant sounds I and my neighbors have to look forward to if the request to build the apartments is approved. -2- Your help in this matter is essential!. Our property values were just increased which pleased us all very much, however this development could just turn the entire complex into a slum. Please hear our pleas!!! Thanking,you in advance for your kind consideration of this matter. Sincerely, nristin G. Zuckerman CC: James W. Golladay Carl M. McDonald Marjorie H. Copenhaver ,/George L. Romine Manuel C."DeHaven S. Blaine Wilson Col.A. Lynn Myers (Ret.) C. William Orndoff, Jr. Ash Hollow Homeowners Association PO BOX 3045 Winchester,Va 22601 28 March 1987 George L. Romine 1277 Shockey Drive Winchester,Va 22601 Dear Sir, As a resident of Ash Hollow Estates, I am very much opposed to the construction of an apartment -complex on Valley Mill Road, adjacent to Ash Hollow Estates. My wife and I purchased our townhouse in 1983 because of the single-family dwelling'area. We.feel that this enviroment was the.best.to raise Iour :children in and promoted an excellent quality of life. By allowing this apartment to be built, the whole enviroment will be altered and the quality of life will be threatened.; Also as a police officer I'have great concern about the public safety. This compl.e,x will not only add to the traffic congestion and increase in' traffic accidents, it has been my.experience that apartments attract some people that will see Ash Hollow and the surrounding homes as:targets f6r. crime. I ask you to oppose the building of these apartments. Thank you. Sincerely, WALTER J. TURKOWSKY 0 1501 Ash Hollow DriAk Winchester, Va 2260AW March 28, 1987 I am writing respectfully to protest the planned construction by Swagler Koonce of apartment buildings on Valley Mill Road near Ash Hollow Estates. As a homeowner at Ash hollow directly next to the proposed construction, I have serious objections to this project: 1) The lot in question is too small to support 24 apartments and 48 parking spaces. Two three-story buildings on this property will completely overshadow the Ash Hollow homes nearby, and furthermore, the location violates the code prohiw��construction near single family homes. 2) Rental units usually bring transient residents who do not have any vested interest in keeping property well cared for and attractive. The Ash Hollow Homeowners, Association has a strictly -enforced code for keeping our properties in good repair and attractive. Also, there would most likely be many children living in the rentals. The property is too small to provide any play areas -- the children could play only in the streetq near the fast-moving traffic on Valley Mill Road, and most likely in the streets and green areas in Ash Hollow. In addition, my children say that the school busses are already overcrow�w, ,`lhe county would have to add a bus to this route. 3) Our privacy, peace, end quiet would be badly compromised by, the height and proximity of the buildings. One of the principal reasons I chose to invest in living at Ash Hollow is the private, quiet, count location convenient to town. If these apartments are built, I will sell my house (probably v,� a declined price) and move elsewhere. I'm sure I will not be the only, noweocontent Ash Hollow resident to ,do so. 4) Ash Hollow property values will surely decline if this type of building is constructed so nearby. It would be bad enough to have this sort of development across the road. I understand that the buildings would be similar to the apartments just constructed at Woodstock Lane and I-81 -- these appear to be cheaply constructed, unattractive units. Therefore, when our property values decline, the county loses taxes. 5) The driveway entrance to the proposed apartments would be near the crest of the hill on Valley Neill Road. Visibility is poor here, especially at night and in bad weather and icy conditions, and traffic moves too fast on the road. This is therefore a very unsafe location for new traffic. I am therefore very concerned about these buildings and how their construction would affect our property values and quality of life. Please vote a-;inst this project. Thank youvYery/much. 1v » ( 1 wpm 6 el, rG�� ,Dc�GG! - , , ma ( C4— WE • le C/� -71'- �6v Ag �- Zap dam. /� �� - A�- 35-' ,'/14�Oro Cam{ 0 21JD 4v 4;El i 4�0 5s, pow 7� Nis? �-- �l�e. - �w 70 A-oc�,-ca, sD`lo ::u lao ' 01(f-