Loading...
HomeMy WebLinkAbout05-94 Garber Shawnee - Backfile* STAFF SUBDIVISION CHECKLIST * 1 SUBMISSION PACKAGE Comment sheets from the following agencies, along with any marked copies of the plan: VDOT Sanitation Authority Inspections Department Fire Marshal One copy of the subdivision application 15 copies of the plan on a single sheet One reproducible copy of the plan (if required) A 35mm. slide of the plan City of Winchester Health Department Parks & Recreation County Engineer DATES STAFF TRACKING application received. 914ee paid. (amount $ 1 t 0 , ) Info entered in dBase (upon submittal) (after approval) Subdivision heard by Planning Commission. Action taken (MDP# if applicableC oc,-ci q ) IqA Subdivision heard by Board of Supervisors. Action taken Preliminary approval letter to applicant/agent Preliminary approval letter to applicant /0 3 ) Final plat submitted with review agency signatures and; C) deed of dedication bond estimate $ Plat signed by Planning Director dgPlat signed by Subdivision Administrator House numbering assigned RECEIPT N2 024202 AMOUNT DUE AMOLINMAILT s u i BALANCE DUE so PAID BY 6 ASH 41% t, HECK OTHER FREDERICK COUNTY DEPT. OF PLANNING AND DEVELOPMENT P.O. BOX 601, 9 NORTH LOUDON ST. WINCHESTER, VIRGINIA 22601 RECEI ADDR THE E FOR DAY -TIMERS RE -ORDER No. 3221 — Primed in USA �('� DATE LA _ BY I a HARRISON 6 JOHNSTON II ATTORNEYS AT LAW WINCHESTER. VIRGINIA 89829PG0482 THIS DEED OF DEDICATION AND DECLARATION OF SUBDIVISION, made this g5day of October, 1994, by and between PATRICIA G. BIGGS and ALMA G. BIGGS, TRUSTEES UNDER THAT CERTAIN TRUST AGREEMENT DATED MAY 27, 1964, of the one part, hereinafter called the DECLARANTS, and the COUNTY OF FREDERICK, VIRGINIA, of the other part, hereinafter called the COUNTY. WHEREAS, Declarants are the owners in fee simple of a certain tract of land situate in Frederick County, Virginia, to -wit: All of that certain tract or parcel of land, together with all rights, rights of way, privileges and appurtenances thereto belonging, lying and being situate along the southeastern side of U. S. Route 522 in Shawnee Magisterial District, Frederick County, Virginia, containing 28.879 acres and more particularly described on the Final Subdivision Plat for Garber Estate made by Douglas C. Legge, C.L.S., dated July 21, 1994, attached hereto and by reference made a part hereof, and being a portion of the same property conveyed to O. Lee Garber, Julian F. Garber and Donald E. Garber, Trustees, from Charles E. Garber and Nora L. Garber, his wife, by Trust Agreement dated May 27, 1964 and recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 300 at Page 192. The beneficiaries of the aforesaid Trust Agreement appointed Patricia G. Biggs as Substitute Trustee in the place and stead of O. Lee Garber, Trustee, Deceased, and appointed Alma Bell Biggs (a/k/a Alma G. Biggs) as Substitute Trustee in the place and stead of Julian F. Garber, as set forth in Substitution of Trustee Agreement dated January 16, 1984 and recorded in the aforesaid Clerk's Office in Deed Book 592 at Page 520. HARRISON & JOHNSTON ATTORNEYS AT LAW WINCHESTER, VIRGINIA M29PG0483 WHEREAS, the Declarants now desire to subdivide the same into lots and to evidence that the above and foregoing subdivision of the above -described property, as it appears on the aforesaid attached plat, is with the free consent and in accordance with the desires of the Declarants, and the Declarants do further desire to subdivide the aforesaid property in accordance with the provisions of the Virginia Land Subdivision Act as are applicable and the applicable ordinances of the County of Frederick, Virginia, and further to dedicate the streets and related easements and other amenities as shown on said plat to the County of Frederick, Virginia. NOW THEREFORE, THIS DEED OF DEDICATION WITNESSETH: That for and in consideration of the promises and the benefits which will accrue by reason of this dedication, the Declarants do hereby subdivide all that portion of the land located in Shawnee Magisterial District, Frederick County, Virginia, as more particularly described by the aforesaid referenced plat attached hereto and made a part hereof and do hereby dedicate that portion of land designated as Costello Drive containing 2.704 acres, being 80' in width and extending from U. S. Route 522 to the easternmost property line of said property, for use as a public street, and do hereby create a public right of possession in the same. WITNESS the following signatures and seals: Patricia G. Biggs,Orlrustee SEAL) Alma G. Biggs, 'Trustee -2- HARRISON & JOHNSTON ATTORNEYS AT LAW WINCHESTER, VIRGINIA 8K829PGO484 STATE OF VIRGINIA AT LARGE CITY OF WINCHESTER, To -wit: The foregoing instrument was acknowledged before me this day of October, 1994, by Patricia G. Biggs, Trustee, and Alma G. Biggs, Trustee. My commission expires -3- Notary Public 6K829PG0465 � _ �,war. t.;y■ ,__— �� ��f� , %.. ,�_��%/ �,� \�i. „O -_ 1 �' of �v • 1 � I' INTERC NGE \SiJ ij l • / r^ S1 rD �. C . ; t e < < � ,•f e i ! �( � �_��_ c� ti �yu�,� t •i II r •' 1\ ` 1 r ' _ I �1 i 1 'mil � �r"�✓ i ��!!` r frii: u(\. .. � . II ' j• � �;�•• ��,` �. . �-Ynermenlal 8ta■ n t / E. `• •i, %,..• / -_ Jr � , 5 l� 9of�� W ,.!P' 81_ ' , ,. � r•� ;;r /TT '�_�l ' , 1 � �C;_,,.� _ _ , 7' ,� I{ot)I L .6,I�I1 I SCll.. l • ,L7 ,�' ' ,,. / �T 'y �:;1� chi = v i '�; r.� ' VICINITY MAP .,L,°° z� , ' / SCALE: 1'=2000.. v l l 1S APPROVED BY Virginia Deportment of Transportation 6 �• jC�; Date O Planning Commission "--''�/¢ Date Subdivision Administrator _ Date Frederick County Sanitation Authorlty ��&,Date & OWNERS' CERTIFICATE The above and foregoing subdivision of the land of the Trustees of Garber Trust, as appears in the accompanying plat, is with the consent and in accordance with the desires of the undersigned owners, proprietors and trustees, if any. NOTARY PUBLIC i, Sue Knupp a Notary Public in and for the state of Virginia at large, do certify that Patricia G. Biggs, Trustee, and Alma c—_._ Biggs, Trustee, , whose names are signed to the foregoing Owners' Certificate, have acknowledged the some before me in my state. Given under my hand this 21St day of October , 1994. My commission expires 11 / 3 0 / 9 5 SURVEYOR'S CERTIFICATE l hereby certify that the land contained in this subdivision is the some land conveyed to the Trustees of the Garber Trust by deed dated 27 May 1964, said deed recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 592 at Page 520. Douglas C. g e, C.L.S. TM 64 ((A)) Pc/ 4 Zoned.' 82 Final Subdivision Plat Use: Vacan t for \-1 H of Garber Estate Shawnee Magisterial District Revised 21 October 1994 Frederick County, Virginia 0 AS L o CERTIFICATE N .-. DATE: 21 July 1994 Cover Sheet U 1197 Sheet 1 of 2 a gllbert w. Clifford & associates, Inc. CERTIFIED ENGINEERS — LAND PLANNERS — SURVEYORS LAND 15D—C 01de Greenwich Drive 200 North Cameron Street SURVEYOR Fredericksburg, Virginia 22401 Winchester, Virginia 22601 (703) 898-2115 (703) 667-2139 i . N BK829PGa466 CURVE RADIUS LENGTH TANGENT CHORD BEARING DELTA C1 1379. 40 51. 99 26. 00 51, 99 N 47 55 42 E 02 b9 35 C2 50. 00' 88. 64' 61.28' 7Z 48' N 01 46'45" W 10134'27" C3 460. 00 255. 93' 131.37 252, 64 S 68 30'18" E 31 52 40 C4 460.00' 171.86' 86.94' 170.86' N 63'16'10" W 21 '2423" C5 460.00' 84.07' 42.15' 83.95' N 79'12'30" W 10 28'17" C6 540.00' 300.44' 154.22' 296.58' S 6830'18" E 31 5240" C7 50.00' 68.44' 40.80' 63.22' N 8873'16" E 78 2533" U.S. Route 522 (Variable Width R/W) C1 N 49 00'29" E 713.38' 162.21' 183.74' C2_—367.43 50 Setback Llnel r 50 Setback Line Nl�i x. 0' Water & Sewer Z 1 �x Potomac Edison R/W Easement 1 OB 405 P 117 '' O" 1 fi o 1 DO 422 P 664 1 � w \ O\p -pM 1 00 (,b wl _rn �N� c 00 1 1000 1 \m ,t 1 N \ 1 /��Seme�t 20, Water co v • � 7 co Water Easement Lot 1 11�, 13.002 Acres N,v a coo i \'o ��a 2 0 10D to a N° m \3 3 S n, e\ \ \ 1 b � 1 \C6� \ `(� Lot 3 8.893 A cres \ NCO• � � �. age...•.•.. \ pram menu-. \CA Ease 30' Water & may\ San. Se wer- \ Esm't '70 AREA SUMMARY o6,, Lot 1 1. Acres Lot 2 .280280 Acres 4/ Lot 3 8.893 Acres R/W 2.704 Acres tat Area Subdivided 2&879 Acres Revised 21 October 1994 �� T H p Z LUUUL-r113 l.. LLLLRJG Z o CERTIFICATE NO. .� 0 1197 n CERTIFIED LAND SURVEYOR 49'00'29" E 159.00' 0 0 � o om -oo 3 \i VJ 4- tn Y 1 20 � 30, zG Esm Wa{er N WotereWer N S°nEs t Lot 2 4.280 Acres 3 25 ��5 ; a2. 2 3 5 GroLip, C. 5' Z A2 2 \o\�t059 o*'�r P e 2 S 2 Fred OB 6�one 098'. Final Subdivision Plat for Garber Esta to Shawnee Magisterial District Frederick County, Virginia �20' 0 100 200 400 Graphic Scale In Feet 1 "-200' NOTES: 1. No title report furnished. 2. Easements may exist that are not shown. J. Iron rods found or set at all property cot TM 64 ((A)) Pc/ 4 Zoned.- B2 Use: Vacant DATE: 21 July 1994 1 SCALE: 1"=200' I Sheet 2 of 2 1 gllbert w. cllfford & associates, Inc. ENGINEERS — LAND PLANNERS — SURVEYORS 150—C 01de Greenwich Drive JIRGINIA: FREdEf M CXKXM, WT. 200 North Cameron Street Fredericksburg, Virginia 22401 This instrument Of tvt'i!i^i! 1':1S apced Winchester, Virginia 22601 (703) 898-2115 t0 me i;; 6L GG on the 6L , (703) 667-2139 �•E4^,y 19c% 5 3 ncl vrittl ,^^re;Aste of scknowledgmsAt thereto annexed was admitted to record. J-' w 1� (it ;. .WT . , „i ♦ .'•'..•n�. ♦. :�. �• _.o ar � I is �' 6• fir'" ''� � � of .1 j i,r ��) �(�/��. � L �O' i ,�._.).( ram, •♦. �•• •r1.1�� i.�� .i 11 �' P , ;�{i�Il J . � rJy�. C'�;�� • J �' . 4 'S+�� ( � � -� - f .J• f � � \�.i1 - ;l! ,� J v . �/� xPa6. Rob � �^ V �� r.`��C i _ I VICIIdITY MAP '� • % i Scl1LE 1'=2000' APPPROVED/� BY Virginia Department of Transportation 6G�Xi4c A Date Planning Commission Date Subdivision Administrator Dote Q Frederick County Sanitation Authority Date y /9 j-s OWNERS' CERTIFICATE The above and foregoing revision to the Anal subdivision of the Garber Estate as shown on the attached plat Is with t onsent and in accordance with the desires of the undersigned owners, proprietors and IrLfttees f an I Pit/, a a - -aim The PricelCompany Trustees for Garber Estate— = G. Biggs NOTARY PUBLIC NOTARY PUBLIC i 0,Aotary Public In and 1, a Notary Public In and ' •K•LAL � )+I.Q 2rCV lilt it for the #bte of Vlrolhia, at large, do certify that for tge.s.t6te of Virginia, at large, do certify that ` Patricia G. Biggs and Alma G. Biggs whose name is signed to the laregoing Owners' whose names are signed to the foregoing Owners' Certificate, has acknoMedged the some before me Certificate, have acknowledged the some before me In my state. In my state. Given under my hand this day of Given under my hand this iS day of 1995. a,, f995. My commission expires JvL.tg -2LO_ vim. My commission expires 11T3C)Z9S SURVEYOR'S CERTIFICATE l hereby certify that the land contained In this revision to the final subdivision plot /s the some land as shown In the Deed of Dedication dated 25 October 1994 and recorded in Deed Book 829 at Page 482 and Lot I of the sold subdivision which was conveyed to Isle Price Company by deed doted 25 October 1994 and recorded In Deed Book 829 at Page 48Z The aforesaid deeds are recorded among the land records of Frederick County, Wginia. KI Douglas C. egge, L.S REI?SION TO IM 64 ((A)) Pc/ 4 Final Subdivision Plat Zoned. 82 Use: Vacant for �T H (jr Garber Esta to a Shawnee Magisterial District EVISED: APRIL 18, 1995 Frederick County, Virginia 0 CERTIFICATE 0. DATE: 16 March 1995 Cover Sheet Sheet 1 of 2 r v 1197 a gilbert w. clifford & associates, Inc. 'NJ CERTIFIED ENGINEERS — LAND PLANNERS — SURVEYORS LAND 150—C Olde Greenwich Drive 200 North Cameron Street SURVEYOR Fredericksburg, Vkglnto 22401 tNk►ehester, Virginia 22601 (703) 898-2115 (703) 667-2139 : X � -5/7 �) CURVE RADIUS LENGTH TANGENT CHORD BEARING DELTA Cf 1379.40' 51.99' 26.00' 51.99' N 475542" E 02V9 35 L C2 50. 00' 88. 64' 61.28' 7Z 48' N 01 4645' W 10134 27" C3 460.00 255.93' 131.37' 252.64' S_6830'18" E 3152'40" C4 460.00' 171.86' 86.94' 170.86' N 6376'10" W 2124 23" C5 460.OtY 84. 07' 42.15 83. 95' N 79'12'30" W 10 28'17" C6 1040.00' 150.72' 75.49' 150.59' N 8077'31 " W 0878'13" C7 960.00' 26.66' 63.42' 126.57 S 8039 50" E 78 25'33 C8 54a oo' 300.44' 154.22' 296.58' S 6830'180 E 3152'40" C9 50.00 68.44 40.80 63.22 N 8873'16 E 78 25'33 U.S. Route 522 (Variable width R/W) c1 N 49 0029" E 713.38' 16Z 21- 183. 74' -367. 43- "^ -, - _ 50 Setback Lhe 50' Setback LAns N N o x 0' Water d: Sew 1 1 to x. Potomac Edison RA a w p Easement u) OB 405 P 117 � p•' OB 422 N P 664 1 1 1v 1 � �-pp 1 IMm 0 w1 O M-4 N� o 1 1 w "- - �' 1 N 49 00'29" E 1� n 70 ° 159. 00' a Z 1 d 1 0' a t '� \ 0 rals I -\ V \ x Cn 20 \ �� v,� a t 0 3 Water 0 v Easement Lot 1 N 00 M 1� u \ \ n 13. 002 Acres -3 v a ,n 3 ko <0� 2 n 100 20'tz� \ \ �- 1 1 k\ 30 %A Esrn N 1 Qrol" eat \a Water 1 C4\ EOS V:_ i car Wot Se {er N A � 5°"Esm Lot 2 1 C8 c3 5� � �p pinage 4.293 Acres ,s. Lot 3 .22 33 ;�9 8.884 Acres Temporary -Turn 3 5 �•�, 9�.� \ A. tea' J Around Esm't 58 g0 S 2 $2.2 0-3 cp Temporary -Turn q' Around Esm't 2. -61 30' Water & 7 0� , 1''G may\ San. Sewer a1. Gr°1059 Esm't ,L 25 �11e P 10 AREA SUMMARY � 252 g 5 22 �e.01CV.807 ed' t3°0t • o Fr pB of, o Lot 1 13.002 Acres )se• 0 100 200 400 Lot 2 4.293 Acres / Lot 3 8.884 Acres R11W 2.700 Acres Graphic Scale in Feet Total Area Subdivided 28.879 Acres 1 "=200' TM 64 ((A)) Pcl 4 Zoned. 02 Use. Vacan t C3 CERTIFICATE v U97 REVISION TO Final Subdivision Plat for Garber Estate Shawnee Magisterial District -Frederick County, Virginia DATE: 16 March 1995 gilbert ENGINEERS 150-C aide Greenwich Drive Frederickaburg. Virginia 22401 (703) 898-2115 NO7i=S.• 1. No title report furnished. 2. Easements may exist that are not shown. J. Iron rods found or set at all property com 4. 1he Deed of Dedication and Declaration of Subdivision /s recorded in Deed Book 829 at Page 482. Easements shown in the afore- mentioned deed are hereby vacated. REVISED: APRIL 18, 1995 SCALE: 1'=200' I Sheet 2 of 2 w. Clifford & associates, Inc. - LAND PLANNERS - SURVEYORS 200 North Cameron Street NOnchester, Virginia 22601 (703) 667-2139 FILE COPY COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 678-0682 April 17, 1998 Mr. Stephen M. Gyurisin G. W. Clifford and Associates, Inc. 200 North Cameron Street Winchester, Virginia 22601 RE: Garber Estate, Costello Drive Dear Steve: I am writing in response to your letter dated April 14, 1998, and the phasing plan dated March 12, 1998; both of these items were received by this office on April 14, 1998. Your letter and the accompanying plan described a phasing system that would ultimately construct Costello Drive to the Garber Estate's eastern property line. The submitted phasing plan appears to adequately address the construction phases of Costello Drive. A copy of this phasing plan is attached. Please note that you will need to coordinate with the County Engineer and the Virginia Department of Transportation to confirm that adequate stormwater management facilities are provided as road and site development occurs. Per our previous discussions, the entire Costello Drive improvement will need to be bonded prior to any subdivision considerations but once the road is bonded, this office will be willing to work with the property owner to enable the phasing of the road improvement as described. Please contact me with any questions concerning this road improvement plan. Sinc ely, Eric R. Lawrence Zoning Administrator ERL/cic Attachment U:\ERIC\COMMON\BONDING\GARBER2.WPD PD 107 North Kent Street • Winchester, Virginia 22601-5000 FILE COPY COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 April 7, 1998 Stephen M. Gyurisin G. W. Clifford and Associates 200 North Cameron Street Winchester, Virginia 22601 RE: Garber Estate, Costello Drive Dear Steve: I am writing in response to your letter dated March 26, 1998, and the phasing plan dated March 12, 1998. Your letter and the accompanying plan described a phasing system, that would ultimately construct Costello Drive to the Garber Estate's eastern property line. The submitted phasing plan, with the following notes, appears to adequately address the construction phases of Costello Drive: 1. Phase Three road improvements should occur in coordination with the development of that land located due south of the Costco site. 2. Phase Four road improvements should occur in coordination with the development of that land located due east and southeast of the Costco site. I believe these two notes will confirm that all parties involved will clearly understand when each phase is to be completed. I will also note that you will need to coordinate with the County Engineer and the Virginia Department of Transportation to confirm that adequate stormwater management facilities are provided as road and site development occurs. Per our previous discussions, the entire Costello Drive improvement will need to be bonded prior to any subdivision considerations but once the road is bonded, this office will be willing to work with the property owner to enable the phasing of the road improvement as described. Please contact me with any questions concerning this road improvement plan. ncerely ric . Lawrence Zoning Administrator ERL/cc U:\ERIC\COMNION\BONDrNG\GARBER.WPD 107 North Kent Street - Winchester, Virginia 22601-5000 COMMONWEALTH ®f VIRGI IA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY DAVID R. GEHR 14031 OLD VALLEY PIKE COMMISSIONER P.O. BOX 278 EDINBURG, VA 22824-0278 April 23, 1996 Mr. Keith H. Burr C/O Greenway, Inc. 970 Baker Lane Winchester, VA 22603 Dear Keith: WILLIAM H. BUSHMAN, P.E. RESIDENT ENGINEER TELE (540) 984-5600 FAX (540) 984-5607 Ref: Garber Subdivision Costello Drive Widening Route 522 South Frederick County This is to acknowledge receipt of your revised plans dated April 17, 1996 for the referenced project. The plans appear satisfactory and are approved. Please advise the developer accordingly. I offer the following comments: • A preconstruction conference be held by the engineer and/or developer with the attendance of the contractor, various County agencies and VDOT shall be conducted prior to initiation of work. • Materials used and method of construction shall apply to current observed VDOT Road & Bridge Specifications applicable during construction of this development. • Our review and comments are general in nature. Should conditions in the field exist such that additional measures are warranted, such measures shall be completed to the satisfaction of the Department prior to inclusion into the Secondary Road System. • Attached is a copy of the minimum requirements and information needed prior to acceptance of subdivision streets into the Secondary System. This is the responsibility of the developer. • All drainage is to be carried within the right-of-way in ditch lines or gutters along the street to a pipe or drainage easement. • The contractor shall notify VDOT when work is to begin or cease for any undetermined length of time. VDOT will also require 48 hours notice for inspections. TRANSPORTATION FOR THE 21 ST CENTURY • The appropriate land use permits shall be obtained before any work is performed on the State's right-of-way. • Any entrances constructed on Costello Drive shall meet VDOT minimum standards. This is the developer's responsibility. • Any signs to be installed will be in accordance with attachments. • I suggest any utilities and/or storm sewer placed within the proposed right-of-way be backfilled completely with C.R. Type 21-A Stone. This will greatly reduce the possibility of any pavement settlement. Should you need additional information, do not hesitate to call. Sincerely, 6�� 4, 6-4.0"000 Robert B. Childress Trans. Permits & Subdivision Specialist Supervisor RBC/rf Attachments xc: Mr. T. L. Jackson Mr. S. A. Melnikoff (w/ 3 sets of plans) Mr. H. E. Dellinger Mr. D. E. Lee Mr. R. W. Watkins Mr. H. E. Strawsnyder Mr. Mike Carroll Ms. Kim Hickerson - WFUCC Chairperson I P 02 Request -For Site Plan Comments Virginia Department of Transportation Mai o: Hand deliver to: Virginia Department of Transportation Local VDOT Office Atten: Resident Engineer 1550 Commerce Street P.O. Box 278 Winchester, VA Edinburg, Virginia 22824-0278 (703) 722-3460 (703) 948-4133 Please fill out the information as accurately as possible in order to assist the VDOT with their review. Please attach four copies of your site plan with this sheet. Applicant's name: Address: Phone number: Name of development and/or description of the request: t-csr t.l.D TJQxtxp- -- W,IO`eMtM(a . Virginia Department of Transportation's Comments: See attached letter from VDOT dated April 23, 1996. ft�h� COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION P. O. BOX 278 DAVID R. GEHR EDINBURG, 22824 ` tZ WILLIAM H: BUSHMAN COMMISSIONER RESIDENT ENGINEER October 24, 1994 TELE (703) 984-5600 FAX (703)984-5607 Mr. C. E. Maddox, Jr., P.E., V.P. Ref: Garber Estates G. W. Clifford &Associates, Inc. Route 522 South 200 North Cameron Street Frederick County Winchester, VA 22601 Dear Chuck: We have recently signed the referenced property's final subdivision plat. As you know we have also recently provided your office with our initial site plan review comments which will necessitate changes to the plat. We realize the need to sign the plat at this time and ask our site plan review comments be addressed as soon as possible to prevent possible delays in the construction of Costello Drive. Your usual cooperation will be appreciated. RBC/rf xc: Mr. S. A. Melnikoff Mr. R. W. Watkins Mr. George Glaize, Jr. Sincerely, William H. Bushman Trans. Resident Engineer (� � 1,5 - /' '--� �/'Z �- By: Robert B. Childress Trans. Permits &, Subdivision Specialist Supervisor TRANSPORTATION FOR THE 21ST CENTURY At �.0UNTY of FREDERICK Department of Planning and Development 703 / 665-5651 Fax 703 / 678-0682 September 12, 1994 G.W. Clifford Associates Attn: Ron Mislowsky 200 N. Cameron Street Winchester, Virginia 22601 Dear Mr. Mislowkky: This letter is to confirm action taken by the Frederick County Planning Commission at their meeting of September 7, 1994. Your Subdivision application #005-94 for Garber Estates to establish 13 acres of commercial retail use, has been unanimously approved by the Planning Commission. Final administrative approval will be contingent upon: 1) Board of Supervisors approval of the Master Development Plan. 2) Submission of a deed of dedication. 3) Providing of appropriate guarantee to insure project completion. If you have any questions regarding the approval of this subdivision, please feel free to call this office. Sin rely, 44-"4� W. Wr Miller SubdiAdministrator WWM/dc cc: Mr. George Glaize 9 North Loudoun Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 I PC REVIEW: 08/03/94 PC REVIEW: 09/07/94 SUBDIVISION APPLICATION #005-94 GARBER ESTATE 4 lots LOCATION: East and adjacent to U.S. Route 522, 0.25 miles South of Interstate U.S. Route 50. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 64-A-4 PROPERTY ZONING & PRESENT USE: Zoned B2 (Business General) - land use: vacant ADJOINING PROPERTY ZONING & USE: Zoned B2 (Business General) - land use: Commercial PROPOSED USE: Retail REVIEW EVALUATION: All review agency comments that were presented with the Master Development Plan for this site are applicable to this subdivision application and were presented as such. No review agency had any comments that might preclude approval of this request. This proposal conforms to the presented master plan and meets all ordinance requirements. STAFF RECOMMENDATION: Approval with the stipulation that final administrative approval will not be given until BOS approval of the Master Development Plan. NbA 64 -6,4up4- i)#�:-Iqu.ou b. APPLICATION AND CHECKLIST SUBDIVISION FREDERICK COUNTY VIRGINIA Date: 20 July 1994 Application #: oaq Fee Paid Applicant/Agent: G.W. Clifford & Assoc. Address: 200 N. Cameron St. Winchester, Va 22601 Phone: (703) 667-2139 Owners name: Alma G. & Patricia G. Biaas, Donald Garber Address: c/o George Glaize 137 W. Boscawen St Winchester,Va 22601 Phone Number: (703) 662-5058 Please list names of all owners, principals, and/or majority stockholders: Alma G. & Patricia G. Biggs, Donald Garber Contact person:_ Ron Mislowskv Phone: (703) 667-2139 Name of Subdivision:_ Garber Estates Subdivision Number of Lots: 4 Total Acreage: 28.86 Acres Property Location: East & Adjacent to U.S. Rte. 522, 0.25 _mile south of Intx. of U.S. Rte 50 (Give State Rt.#, name, distance and direction from intersection) Magisterial District: Shawnee Property Identification Number (PIN): 64-A-4 Property zoning and present use: B-2 (Vacant) Adjoining property zoning and use: B-2 (Commercial) Has a master Development Plan been submitted for this project? Yes X No If yes, has the final MDP been approved by the Board of Supervisors? Yes No X What was the MDP title? GARBER ESTATES Does the plat contain any changes from the approved MDP? Yes No If yes, specify what changes. Minimum Lot Size (smallest lot): Number and types of housing units in this development: Number: Types: 5 Preliminary Master Development Plan #005-94 of Garber Estates to establish 13 acres of commercial retail use. This property is located east and adjacent to US Route 522, 0.25 miles south of the intersection of US Rt. 50, and is identified with PIN 64-A-4 in the Shawnee Magisterial District. ACTION - RECOMMENDED APPROVAL Mr. Tierney presented the background information with the review agency and staff comments. He said that VDOT has requested signalization at the entrance road. He said that the site contains no environmentally sensitive areas other than a small area that would be considered a wetland and the project designer will utilize this as an on -site storm water management area. Mr. Tierney said that the plan shows an extension of Costello Drive which would connect to Prince Frederick Drive in the Prince Frederick Office Park, which is conformance with plans for the general area. Mr. Tierney said that the proposed northernmost entrance does not meet the county's spacing requirement which calls for a minimum of 150,' therefore, that entrance would need to be "right turn only" upon exiting. Mr. Tierney said that he also spoke with the applicant and requested that they provide a stub connection to the Delco Plaza site and they have agreed to that. Mr. Ronald Mislowsky, with G.W. Clifford & Associates, was present to represent this application. Mr. Mislowsky said that the applicant understands that a signal will be required at the intersection of Route 522 and Costello Drive. He said that the applicant is also willing to work with Delco Plaza to provide a connection to the Delco site. Mr. Mislowsky said that they also understand that the northernmost entrance on Rt. 522 will be a "right in" and "right out" only entrance. The Commissioners felt this property should be tied into the back part of the bank's property and the Delco Plaza site in order to reduce as many entrances onto Rt. 522 as possible and to give people a number of options to access the site. The Commissioners also had some concerns about Costello Drive ending in a cul-de-sac so far away from the property line. They felt that in order to provide for a continuous road network between sites in the future, Costello Drive should be extended to the property line. There were no public comments. Mr. Romine made a motion to approve the master plan and this motion was seconded by Mr. Stone. Mr. Thomas moved to amend Mr. Romine's motion to include the stipulation that Costello Drive be built to the easternmost property line or an irrevocable bond be provided for the construction cost, including inflation, for the entire length of road that the applicant does not construct. The motion also included the requirement that the plan address all review agency 3859 AFFIDAVIT STATE OF VIRGINIA AT LARGE CITY OF WINCHESTER, To -wit: This day personally appeared before me a Notary Public in and for the State of Virginia at Large, Patricia G. Biggs and Alma G. Biggs, Trustees Under That Certain Trust Agreement Dated May 27, 1964, hereinafter referred to as "Nora Garber Trust," who, after being duly sworn according to law, deposed and said: (1) that the Nora Garber Trust is the legal owner of that certain tract of land consisting of 28.879 acres, as shown on that certain Final Subdivision Plat for Garber Estate made by Douglas C. Legge, C.L.S., dated July 21, 1994, attached hereto and by reference made a part hereof; and (2) that the Nora Garber Trust intends to sell Lot 1, more particularly described on the aforesaid plat, to The Price Company, a California corporation; and (3) that the Nora Garber Trust, in order to insure and to comply with the conditions of approval of the Subdivision Plat by Frederick County, Virginia, and specifically to provide for the extension and completion of the roadway (Costello Drive) from the easternmost property line of Lot 1 (the lot to be conveyed) to the easternmost property line of the 28.879 acre tract, makes the following agreement and affidavit: (A) that no further subdivision of Lot 2 and/or Lot 3 will be made, nor will any sale or conveyance of Lot 2 and/or Lot r 3 be made, without the posting of an irrevocable bond assuring the completion of the roadway as set forth in Paragraph (3) above, or, in the alternative, the securing of approval from the Board of Supervisors of Frederick County, Virginia, to do otherwise; and (B) that this affidavit is made and may be recorded by the County of Frederick, Virginia, when and if a need for the recordation should arise. 1994. Patricia G. Big , Trustee Alma G. bigge,%Trustee Subscribed and sworn to before me this -,2'5 day of October, My commission expires // -302 5 :21C Notary Public '.. A�14 SijtOUlf n{; ' v P l'1 i;ii rIL •i r�� L' 16 permen�al Sta• o), / ,�l� INTER1k NEE-80 zl- Robihsorih"ibr&I So, Iy?5 / VICINITY MAP SCALE: 1•=2000'" Virginia Department of Transportation CWO4A v Date D _ Planning Commission Date /d Subdivision Administrator Date Frederick County Sanitation Authority Date OWNERS' CERTIFICATE The above and foregoing subdivision of the land of the Trustees of Garber Trust, as appears in the accompanying plat, is with the consent and in accordance with the desires of the undersigned owners, proprietors and trustees, if any. n .•i,. %„J i rin ,.� A /A I . _ I/nn /w/i i /G . A1 4 NOTARY PUBLIC L Sue Knupp , a Notary Public in and for the state of Virginia at large, do certify that Patricia G. Biggs, Trustee, and Alma _G.�__ Biggs, Trustee, , whose names are signed to the foregoing Owners' Certificate, have acknowledged the some before me in my state. Given under my hand this 21St day of October 1994. My commission expires 11 / 3 0 / 9 5 SURVEYOR'S CERTIFICATE l hereby certify that the land contained in this subdivision is the some land conveyed to the Trustees of the Garber Trust by deed doted 27 May 1964, sold deed recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 592 at Page 520. K"_1 I Douglas C.,LKg6e, C.L.S. TM 64 ((A)) Pc/ 4 Zoned.- 82 Final Subdivision Plat Use: Vocon t for H of Garber Estate 4�P r Shawnee Magisterial District Revised 21 October 1994 Frederick Coun ty, Virginia x: G -AS , L CERTIFICATE N ►. DATE: 21 July 1994 Cover Sheet Sheet 1 of 2 v 1197 � gllbert w. clifford & associates, Inc. CERTIFIED ENGINEERS — LAND PLANNERS — SURVEYORS LAND 150—C Olds Greenwich Drive 200 North Cameron Street SURVEYOR Fredericksburg, Virginia 22401 Winchester, Virginia 22601 (703) 898-2115 (703) 667-2139 r CURVE RADIUS LENGTH TANGENT CHORD BEARING DELTA C1 1379. 40 51, 99 26.00 51.99 N 4755 42 E 02 '0935 C2 50.00' 88.64 61.28' 77.48' N 01 4675 W 10134 27 C3 460.00 255.93 131.37 252.64 S 6830'18 E 31 52 40 C4 460.00' 171.86' 86.94' 170.86' N 6376'10" W 2124'23" C5 460. 00' 84. 07' 42.15' 83.95' N 79'12'30" W 10 28'17" C6 540.00' 300.44 154.22' 296.58' S 6830'18" E 31 52'40" C7 50.00' 68.44' 40.80' 63.22' N 8873 16" E 78 2533" U.S. Route 522 (Variable Width R/W) Ci N 49 00'29" E 71 J. J8' 162 21— 183 74' C2 _ — 36 Z 43 �157 Setbock L1ns1 50 Setbock Une o ' Woter k Sewei I fix. Potomac Edison R/W 0 a w p Eosemen t I C DB 405 P 117 1 106 422 P 664 1 Nc,'r 1 O\p C 1G I I Ci 1 N 1 co f�•, 1 �� w 11 N III � ,ter E°Sement 20 cn 1 W cA` 1 I vo • � 7 oD CD . Easement I 0C�Dwo I Lot 1 °' 13.002 Acres o N tnIl Cb V1 co I I 1 �, age...•.•.. role eat.... .y \\6C3 Lot 3 8.89J Acres \ s 0 9> \ co, o� 9 \ 30' Water & San. Sewer- \ Esm't �o AREA SUMMARY �00 , Lot 1 1. A cres Lot 2 4/ .280280 Acres Lot 3 8.893 Acres R/W 2.704 Acres iota/ Area Subdivided 28.879 Acres Revised 21 October 1994 30' 49700'29" E 159. 00, 0 c, 0 / o -- o Y� N mC ILA o 3 tD P a N 1z �+ y m \/ 1 20' %� I y 0- Wo{er Wot Sewer t N. S°nEsm Lot 2 4.280 A cres ,3 g' S 82• �g2 � . 3 2#11Ogg Gro G• 5 S 2 Fred l' 50 a 6ocont use. Final Subdivision Plat for Garber Estate Shawnee Magisterial District Frederick County, Virginia 0 100 200 400 Graphic Scale In Feet 1 "=200' NOTES: 1. No title report furnished. 2. Easements may exist that are not shown. J. Iron rods found or set at all property corn TM 64 ((A)) Pcl 4 Zoned: 82 Use: Vacant Z L000L-ri') V. LLuur- Z o CERTIFICATE N0, DATE: 21 July 1994 SCALE: 1 "=200' ISheet 2 of 2 v 1197 a glibert w. clifford & associates, Inc. CERTIFIED ENGINEERS — LAND PLANNERS — SURVEYORS LAND 150—C 01de Greenwich Drive 200 North Cameron Street SURVEYOR Fredericksburg, Virglnia 22401 Winchester, Virginia 22601 (703) 898-2115 (703) 667-2139 1 = l CD 0 N �o 3 00 13 M M cn UI N b zs 0 +-J UI rti a� v a� b 4J •11 9 w I'd 9 �j 0 0 U HARRISON 6 JOHNSTON ATTORN[Te AT LAW WINCHMEN. VIRGINIA BK829PGO487 THIS DEED, made this a day of October, 1994, by and between PATRICIA G. BIGGS and ALMA G. BIGGS, TRUSTEES UNDER THAT CERTAIN TRUST AGREEMENT DATED MAY 27, 1964, of the one part, hereinafter called the Grantors, and THE PRICE COMPANY, a California corporation, of the other part, hereinafter called the Grantee. 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 Special Warranty, unto the Grantee, in fee simple, together with all rights, rights of way, privileges and appurtenances thereto belonging, all of that certain lot or parcel of land lying and being situate along the southeastern side of U. S. Route 522 in Shawnee Magisterial District, Frederick County, Virginia, and more particularly described and designated as Lot 1 containing 13.002 acres on that certain plat of survey drawn by Douglas C. Legge, C.L.S., dated July 21, 1994 and attached to that certain Deed of Dedication and Declaration of Subdivision dated October ,S , 1994 and recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book M at Page Y6,9?, and being a portion of the same property conveyed to 0. Lee Garber, Julian F. Garber and Donald E. Garber, Trustees, from Charles E. Garber and Nora L. Garber, his wife, by Trust Agreement dated May 27, 1964 and recorded in the aforesaid Clerk's Office in Deed Book 300 at Page 192. The beneficiaries of the aforesaid Trust Agreement appointed Patricia G. Biggs as Substitute Trustee in the place and stead of 0. Lee Garber, Trustee, Deceased, and appointed J BK829PGO488 Alma Bell Biggs (a/k/a Alma G. Biggs) as Substitute Trustee in the place and stead of Julian F. Garber, as set forth in Substitution of Trustee Agreement dated January 16, 1984 and recorded in the aforesaid Clerk's Office in Deed Book 592 at Page 520. The Grantors do further grant unto the Grantee, its successors and assigns, a non-exclusive right, for the benefit of Lot 1 shown on the aforesaid attached plat, to the use of all those easements located on the 28.879 acres and located outside the boundary lines of Lot 1, which is conveyed herein. Reference is hereby made to the aforesaid instruments 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. WITNESS the following signatures and seals: if -a� SEAL) Patricia G. Biggs, rustee A, /.�� ✓ (SEAL) Alma G. Biggs, rustee STATE OF VIRGINIA AT LARGE CITY OF WINCHESTER, To -wit: The foregoing instrument was acknowledged before me this day of October, 1994, by Patricia G. Biggs, Trustee, and Alma G. Biggs, Trustee. My commission expires // /,3o195.. HARRISON & JOHNSTON Notary P bl C ATTORNEYS AT LAW WINCHESTER, VIRGINIA VIRGINIA: FREDERICK COUNTY, SCT. This instrument of writingwas produced tot me on the a,_ _.day of�e- 199y at 1/h and with certificate of acknowledgment thereto annexed was admitte to record. Tax imposed by Sec. 5&54.i of S 13 and 58-54 have been paid , if assessable. —2 — 4 d CLERK WTC y�t�-�- L e44� io Pine Cen r r//l /1 •t� �'' / �l C \ ' _l r, �,-..�i.� 4^ i (�•II �� _�lp J � ` . ,�/ �% I ii� _ � • �J^ �• � i"• � �\ � `: � 'Sill (i� `. V —�' men a! air('.' (I Robi s0t- 1 Se M /II(�I .I,� ;�- ,1V� I,� � � / �i F�� +r i• V }J'\ , !J4 VICINITY MAP SCALE: 1=2000'-�1 APPROVED BY Virginia Department of Transportation Date Planning Commission Date — Subdivision Administrator Date _ Frederlck County Sanitation Authority Date OWNERS' CERTIFICATE The above and foregoing subdivision of the land of the Trustees of Garber Trust, as appears in the accompanying plat, Is with the consent and in accordance with the desires of the undersigned owners, proprietors and trustees, if any. NOTARY PUBLIC 1, a Notary Public In and for the state of Virginia at large, do certify that whose names are signed to the foregoing Owners' Certificate, have acknowledged the some before me in my state. Given under my hand this day of 1994. My commission expires SURVEYOR'S CERTIFICATE l hereby certify that the land contained in this subdivision is the some land conveyed to the Trustees of the Garber Trust by deed dated 27 May 1964, sold deed recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 592 at Page 520. i Douglas C. gge, C.L.S. TM 64 ((A)) Pcl 4 { � Zoned: 32 Final Subdivision Plot Use: Vacon t for DE r H Garber Est t A'"D ;4, 1/ LPL � ��� e� ,e" Shawnee Magisterial Distric `` l . / Frederick County, Virginia...:.: a g ❑ AS D' L o CERTIFICATE N DATE: 21 July 1994 Cover Sheet Sheet 1 of 2 v 1197 giibert w. Clifford & associates, inc. CERTIFIED ENGINEERS — LAND PLANNERS — SURVEYORS LAND 150—C 01de Greenwich Drlve 200 North Cameron Street SURVEYOR Fredericksburg, Virginla 22401 Winchester, Virginia 22601 (703) 898-2115 (703) 667-2139 CURVE RADIUS LENGTH TANGENT I CHORD BEARING DELTA Cl 1379.40' 51.99' 26.00 51.99' N 475542" E 02 0935" C2 50.00' 88.64' 61.28' 77.48' N 01 4645" W 10134'27" C3 460.00' 255.93' 131.37' 252.64' S 6830'18" E 31 52'40" C4 460.00' 171.86' 86.94 170.86' N 6376'10" W 212423" C5 460.00' 84. 07' 42.15' 83.95, N 79'12'30" W 10 28'17" C6 540.00' 300.44' 154.22' 296.58' S 68 30'18" E __ 31 52'40" C7 50.00' 68.44' 40.80' 63.22' N 8873'16" E 7525'33" U.S. Route 522 (Variable Width RIO c1 N 49 00'29" E 713.38I _ 162.21- 183. 74' -367 ,0 50TSefbock Llr�iS C2_ 60 Setback Llns 0' Water dr Sewer ; 1 Potomac fd/son R/W � W CS a Z ySv Easement 1 1DB 422 P 664 1 1 OB 405 P 117 3 O� OSU3,3--, 1 1 1 0 ~� 1 d� 0 N - c 111 tn, Z t� cn 1 1N }! N1 tv 1 �., Ca 1 � w 1 N 1 Lot 1 g 1`� 13.002 Acres y ` IlkD 1 1O 1 0 `D 0 (71 fill N O O CD x 1 Ul 1 1-' to Qn 1 1 49'00'29" E 159.00' 1 1 11 C4 �\ S 2�•3�� \� Lot 2 1 � CA CZ C5 4.280 A cres aLot 3 8.893 Acres o � 3 _ V� OroaP59 'moo AREA SUMMARY Lot 1 1.002 Acres Lot 2 4.280 Acres / Lot 3 8.893 Acres R/W 2.704 Acres tal Area Subdivided 28.879 Acres 22 0 m 0 'L �e AU r� Kto� Feed 00 8'Lola �ac0Pt age. 0 100 200 :00 Graphic Scale in Feet I 1 "--200' NO TES: Final Subdivision Plat 1. No title report furnished. 2. Easements may exist that ore not shown. Opp p for J. Iron rods found or set at all property corners. � H OF Garber Estate L� TM 64 ((A)) Pcl 4 p Shawnee Magisterial District Zoned: 82 Frederick County, Virginia Use: vacant D❑ ISLAS o CERTIFICATE NO. DATE: 21 July 1994 SCALE: 1"=200' Sheet 2 of 2 v 1197 a gilbert w. clifford & associates, Inc. CERTIFIED ENGINEERS - LAND PLANNERS - SURVEYORS LAND SURVEYOR 150-C 01de Greenwich Drive Fredericksburg, Virginia 22401 200 North Cameron Street Winchester, Virginia 22601 (703) 898-2115 (703) 667-2139 pin�� J pP g VPIImen Robi soj&4M i 9ch I!*17 1C. _ •'� ') VICINITY MAP APPROVED BY . Virginia Department of Transportation Date Planning Commission Date Subdivision Administrator Date Frederick County Sanitation Authority Date OWNERS' CERTIFICATE } The above and foregoing subdivision of the land of the Trustees of Garber Trust, as 6 appears in the accompanying plot, is with the consent and in accordance with the desires of the undersigned owners, proprietors and trustees, If any. NOTARY PUBLIC I !, a Notary Public in and for the state of Virginia at large, do certify that whose names are signed to the foregoing Owners' Certificate, have acknowledged the some before me in my state. Given under my hand this day of 1994. My commission expires SURVEYOR'S CERTIFICATE l hereby certify that the land contained in this subdivision is the some land conveyed G to the Trustees of the Garber Trust by deed dated 27 May 1964, said deed recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia /n Deed Book 592 at Page 520. Douglas C. gge, C.L.S. f of Fes. y TM 64 ((A)) Pc/ 4 Final Subdivision PP' t F�FZC� l Zoned: B2 Use: Vacan t ;, for /y`411 r H Garber Estate Shawnee Magisterial District Frederick County, Virginia 0 AS L o CERTIFICATE N H DATE: 21 July 1994 Cover Sheet Sheet 1 of 2 i v 1197 a gilbert w. Clifford & associates, Inc. CERTIFIED ENGINEERS — LAND PLANNERS — SURVEYORS LAND 150—C Oide Greenwich Drive 200 North Cameron Street SURVEYOR Fredericksburg, Virginia 22401 Winchester, Virginia 22601 (703) 898-2115 (703) 667-2139 CURVE RADIUS LENGTH TANGENT CHORD BEARING I DELTA Cl 1379.40' 51.99' 26.00' 51.99' N 475542" E 02 0935" C2 50. 00' 88. 64' 61.28' 7Z 48' N 014645" W 10134 27" C3 460.00' 255.93' 131.37' 252.64' S 6830'18" E 31 52'40" C4 460.00' 171.86' 86.94 170.86' N 6376'10" W 21 24 23" C5 460.00' 84.07' 42.15' 83.95' N 79'12'30" W 1028'17" C6 540.00' 300.44' 154.22' 296.58' S 6830'l8" E 3152'40" C7 50.00' 68.44' 40.80' 63.22' N 88'13'16" E 7825'33" U.S. Route 522 (varlable width RIO Cl N 49 00'29" E 713.38' 162.21- 183.74' C2_ - 367 43= 5('-Setbock LIB r 50 Setbock Line N 1 N N� x. 0' Water & Sewer 1 x Potomac Edison R/W �O d y a Easement 1 DB 405 P 117 DB 422 P 664 III U) Z 11 1 N N 1 N 1 Qn w 3no =1 1 � N � 11 Lot 1 tA �11 l D 1 13.002 Acres M c 11 N Ul 1 y O O CAD �1 V'1 1w 1r3 a fl �1N(b e-,• b 1 1 49'00'29" E 159.00' 0 w �w o o i 0 cfl-� "nNWO Q0 �+ rn � \ h 1 1 6 6 A 1 W 1\ C4\�\ S Z�•36'1 \� Lot 2 CA 005 4.280 Acres oX> Lot 3 p �9 8.893 Acres �o AREA SUMMARY Lot 1 1.2 Acres Lot 2 4.28280 Acres / Lot 3 8.893 Acres R/W 2.704 Acres tal Area Subdivided 28.879 Acres f DOOGLAS o CERTIFICATE NO. " v 1197 a CERTIFIED LAND _SURVEYOR_ Final Subdivision Plat for Garber Estate GrOj99d 2 k2 2 IG�{o eP a2 y` 4* - O�; p y 08 8-Lode Joc°r �� ®01-40 4,1/V"/ c use' `NT 0 00 200 400 Graphic Scale In Feet 1 "--200' NOTES: 1. No title report furnished. 2. Easements may exist that are not shown. 3. Iron rods found or set at all property corners. Shawnee Magisterial District Frederick County, Virginia .DATE: 21 July 1994 gilbert ENGINEERS 150-C Olde Greenwich Drive Fredericksburg, Virglnlo 22401 (703) 898-2115 TM 64 ((A)) Pcl 4 Zoned. • B2 Use: Vacant SCALE: 1"=200' ISheet 2 of 2 w. Clifford & associates, inc. LAND PLANNERS - SURVEYORS 200 North Cameron Street Winchester, Virginla 22601 (703) 667-2139 0 comments and all comments and concerns of the Planning Commission and the Board of Supervisors. This amended motion was seconded by Mr. Light and was unanimously passed. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Preliminary Master Development Plan #005-94 of Garber Estates to establish 13 acres of commercial retail use with the stipulation that Costello Drive be built to the easternmost property line of the proposed subdivision or an irrevocable bond be provided for the construction cost, including inflation, for the entire length of road; and, that the master plan address all review agency comments and all comments and concerns of the Planning Commission and the Board of Supervisors. Subdivision Application #005-94 of Garber Estates to establish 13 acres of commercial retail use. This property is located east and adjacent to US Route 522, 0.25 miles south of the intersection of US Route 50, and is identified with PIN 64-A-4 in the Shawnee Magisterial District. ACTION - APPROVAL Mr. Miller stated that all review agency comments that were presented with the Master Development Plan for this site are applicable to the subdivision application. He said that no review agency had comments that might preclude approval of this request. Mr. Miller said that this subdivision is for four lots: a 13 acre lot, a 4.3 acre lot, a 8.88 acre lot, and an 80' right-of-way. Mr. Ronald Mislowsky, with G. W. Clifford & Associates, was present to represent this subdivision. The Commissioners felt that the proposal conformed with the presented master plan and met ordinance requirements. Upon motion made by Mr. DeHaven and seconded by Mr. Light, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Subdivision Application #005-94 of Garber Estates to establish 13 acres of commercial retail use with the stipulation that final administrative approval is not given until Board of Supervisors' approval of the master development plan. 3860