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17-05 Meadowfield 5 Lots 1.717 Acres Opequon - Backfile
Subdivision Checklist 1. Comment sheets from the following agencies, along with any marked copies of the plan: i./ VDOT City of Winchester GI (Road Name Review) Sanitation Authority Health Department ~"Y Inspections Department Parks & Recreation Fire Marshal County Engineer 2. One copy of the subdivision application Application received. a� Fee paid (amount: $s3 000 ) Information entered in d-BASE and Reference Manual o'Z (p • 101!5 File given to Renee' to add to Application Action Summary /Q, 9'/DS Plat(s) signed by Subdivision Administrator Approval letter to applicant/agent —� Copy of final subdivision plat(s) [with signatures] made and given to Mapping and Graphics Manager for structure numbering assignment Updated d-BASE and Reference Manual File given to Renee'. to update Application Action Summary Final plat(s) submitted with review agency signatures along with: - - ----- Recorded deed of dedication Bond estimate (if required) $ 0 \ODC Mlions ManuaAsubdivision. c AMT. OF a ACCOUNT AMT. PAID :BALANCE 717. DUE � C Z 0 y 14 rJ 1-01 .0 OCIP, 11 FILECOPY COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 5401665-6395 January 18, 2005 Gary R. Oates Grey Wolfe, Inc. 1073 Redbud Road Winchester, Virginia 22603 RE: MDP (Master Development Plan) Waiver Request Meadow Field Subdivision Zoning District: RP (Residential Performance); Opequon Magisterial District Property Identification Number (PIN) 8513-1-12A (L 717 acres) Dear Gary: I am in receipt of your letter, dated January 12, 2005, which requests a waiver to the requirement for a master development plan for the development of a five lot residential subdivision on the above - referenced property. This property is located off of Meadowbrook Drive (Route 1021) in Stephens City; the owner of this parcel is listed as Anthony Cook. Section 165-134 of the Frederick County Zoning Ordinance gives the Director of Planning and Development the ability to waive the requirement for a master development plan under certain conditions. The proposed development meets these conditions. It contains less than ten traditional detached single family units; it is not an integral portion of a future development; it is planned to be developed in a manner that is harmonious with surrounding properties and land uses; and, the development does not substantially affect the purpose and intent of the Zoning Ordinance. Therefore, your request for a waiver to the master development plan requirement is appropriate in this situation. Please be advised that this waiver does not eliminate any applicable development and design requirements of the Frederick County Subdivision and Zoning Ordinances. Prior to the development of this property, a subdivision must be reviewed and approved by Frederick County. Pl4se contact me if you have any questions regarding this letter. Si erely, I 'c R. Lawrence, AICP Planning Director ERL/CEP/bad cc: Mark R. Cheran, Zoning & Subdivision Administrator 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 20' 0' 20' GRAPHIC SCALE \ \ ' LOT it LOT 12 ` \ LOT 8 LOT 9 I LOT 10 ' 85B-(1)-II I 85B-(1)-12 1 } s \ 858-(1)-8 85B-(1)-9 I 85B-(1)-10 I DONALD D. & I MARK & ANNETTE TUTTON I 1 ry��• pp f~ \_._ HAROLD V. GRAY, JR /RMGARD HERMAN I DAYSTAR HEATING & BRENDA G. WELSH f/030004055 W ° �� \ DB 373, PG 178 DB 880, PG 33 COOLING, INC. ZONED: RID ! /, \ \ DB 756, PG 413 a \ \1\`\\\ �\;\ \ ZONED: RP ZONED: RP DB 790, PG 1582 I ZONED: RP I USE RESIDENTIAL ° USE RESIDENTIAL USE. RESIDENTIAL I ZONED: RP I USE- RESIDENTIAL 372E It _ rya° Shed USE: I Shed 1 rr l \ \ \ \ \\\ \ w E- �IaN• ._1G8 .......... _...._.._. _.,.... ^"' Err // ✓r r,i / Shed PP / •_.. ofPP S \ V \ e \ S 1w. TelePed _if11fY / r rr { c r = --1 — s '27' w 185 APAir { AND -r Tele f \ \� l l \\\, �•,, ,,„ .,,", .,,,„, „.» ,,..,, ,....... .a.°'""fAIAV �'� -~ `^,,, ?x.. ram. '^----i..... LOT 70 rr--^' ,..,• IR At I LYWIrL� Al \ � ✓ RROR ,as____ - `\ \ j� 1 \ \\ ® \ ........w...............e............,.�--'........_.__ - J..- a-^` ..,.•" ,es/ rr r 1 ., » +� I tZONED.- RP ns -^ r � ACID r � .. � 0. 1 � � _.. __ _.__... _... _ �. 92 .......,,. � y J dui USE.. RESIDfN7WL i 4 I r go, rrr Y IR422 ........"p \ ! �.1 \ '�, -• `^ ... � `�: ....er ~ ��r I ♦ I , I I? •AWS s/ ...,' I pbt•r• • BY AM I for r1111VA11YlA'Mi T��� �•� r _ 'e\._. ._..... ._. Ill E\0 -171 cfs'ri�-.,�W-ly `�•�•�, �j 0,�.-2J9 c/sl y •,4.\ \ p gyp` --"a\ _ ^"'� _ .'l .• t,.�•' •-~ QIo-20ifc'Ps"NM'95.0 ....� I 40;3 lNV=95.6' r . , • . cfs ,76'.ISA'd' .. �,96 \ \ "k �\ \; Y ! `fin /r as . _l ^ _..wF ESMI • /� r _ _ _ 1 $ g LOT 7/ .'//`A N81 I � „'_��/� 1 `-I s' I�,`�C �.,,,r �,,�"',,� �' �^`'S B�oA441s c1 \? �" !• r„ '.. .. - EDWARDS, JR \ \ \ \ ,r .040 j "�«„ j DB 386, PG 285 NEV- RP LOT 49 \ v v vv �nS>c� i^ " LOT 2 I 85B-(2)- I -49 \ \\ \\ \ \ \\ -93^~. 7b' / \ IVI191 "' ! W ' USE ORESIDENRAL \ S ® AWLS' /� .✓ lr _ _ _ r s� / KAREN M. ADAMS SSMH _... DB 543, PG 686 \ { RM= D.a3' ZONED: RP \ \ i d 1r \ AipoP~(aDM1RE/E a" a--—tCaa \ !i'MN .,-40r-94.93'_I USE: RESIDENTIV I IAL \ \ _ —' _ / 30CMPr'�r�...�— \\ \\ LWSBYfL51 1 a/7.42\ �l�i �1� !�\ \� J� �I I �'j r�=N51•w =' �\„ v`\ / '\ ...--^•�tB.I50� !/...^ / .ldt'.i✓ r r� �...,�w.,� y'"�'•.\ � �' l 0-- .5 cis \ p _ f / Z � ` \\ \\1 �'" _..- .._ .. i I ,,r r ' r • � d„r f0' 9A:�`^... `•\ \\\ �', i ` 0 `\1' � \�`. 1 i\ \ v s.' ry'`v� ,__ I rr` I •^. .'' "^`•,,, � 1 �i� � � �...,...., 1 / LOT 50 _ 85C-(I)-2-50 \ \\ 1 \ \ \ '& rf`� •/ \ « . ! rr r/'"' TERRY L. DEHAVEN \ .` \l ` \ , • y� _ .�' I �r rr LOT 3 i DB 685, PG 271 \ \ / \ sb . f 1. - r I 1 f2,755f s! ZONED: RP _ ' / USE- RESIDENTIAL / \ \ k \•,•`!f \i f S-^r„,I✓ r / r / ✓ *. �� LOT72 fie -at, / I ,x 10' LAh5J ESN! .TO' 97[- _ - ��_y y ! CHR/STOPHER �,. ,. �_ SUMPTION T 4 DB 883, PG 1660 /,^•' \\ l,w.,„ O ! 1 �`\l i��3 r' Y ieCE 'AM"' ... AIM ..., ``, �} ( USE. RP d4L t \ \ N 50'1 3{ w ' 46111, ' R IOfNT N 50 t w JU." c �N TNv r w - f \ Av \ g� 1� r r v w r LOT 13r' SxED CB `' \ A a �. 85 '1 13 f �. •, .,.._.._._. � `<� ,. ' L 11 � � � � \ � � — -KENNETH F. & x xMPNY 3. PpRp14 la xEttSUly, PATRICIA L. LINEBERG 1 S:a>D DB 773 Pc 1015 ZONED: RP USE.- RESIDENTIAL ! I i STANDARD PRIVATE ENTRANCES I FIGURE 1 Ns -- !_.._........._...._.__..._._._.........._._....." ........ wr scur.ETessE+nlse aIAOFErrl rq / / �,, �,, ,S I:osw,u.-Imm�mscw,x.Ir:Nwly L ���/,� i � // ATOflIIMW MUIS`IIME(YW14T.T =-'� �'-�•.. �\ti rwDvtnsn,.aAsel�cT.urEAw. nc nni � �o"-�. --*TEEtcAa soar.•„crosmus+c �V � �i Al'OPI'IWAINdtiIImA BEODWO r r i =� .....—.. $ANU(M Wl Si31GnE NW. ixEN']r 1NDTN 1n 3urauxl _._..._........I D.Is.xrry I•...............mPNCN eox • rI»1ru+E Iw nwu,rrnE InDra, vWSTn sav EE x•luxaalu. SEE Ubt I(gAD ANn WtlDnE3iMNLADG WLIAIE PI CUT REPLACEMENT IN ROADS WIRI ASPHALT CONCRETE i AND SURFACE LANDSCAPING NOTES 6165-36.A 10 ornamental trees per building lot 50 Trees required - 2" Caliper at time of planting (any approved ornamental tree in section § 165-36.81 made be subslitutedJ isTREE- PIN OAK $/OR RED MAPLE -18 PROPOSED OTHER DECIDUOUS SPEGES MA Y BE SUBSTITUTED W/TiIAPPROVAL OFFRED. CO. DEPT. OFPLANNING TREES MUST BEA MINIMUM OF2' C41PER Ali plantings will conform with Section 165-368 of the Frederick County Zoning Ordinance, Planting Selection, Planting Procedure, and Maintenance. z 0 In 5 z DATE: FEl3. 21, 2005 SCALE: r=20' FILE NO. 0103 SHEET 2 OF 4 EROSION & SEDIMENT CONTROL STANDARDS \ f,r 1. Permanent or temporary soil stabilization shall be applied to denuded areas within seven ' days after final grade is reached on any portion of the site. Temporary soil stabilization shall be applied within seven days to denuded areas that may not be at final grade but will remain�� dormant for longer than 30 days. Permanent stabilization shall be applied to areas that are to be left dormant for than \ �\ \ # _4• j W' more one year. 2. During construction of the project, soil stockpiles and borrow areas shall be stabilized or I \.' f �(# i ""'^^^ - ? 2 rHf oo 1 ! 3 protected with sediment trapping measures. The applicant is responsible for the temporary y ,K;,=' Shed I 1 protection and permanent stabilization of all soil stockpiles on site as well as borrow areas and soil intentionally transported from the protect site. ^ 3. A permanent vegetative cover shall be established on denuded areas not omernise permanently stabilized. Permanent vegetation shall not be considered established until a ,e Rp \ r. `. -- -- g0g -..•. - -^ -' ^- ^'"• Shed ,,. r r �, ,� Shed P,E�. ~ \ /SAMW ground cover is achieved that is uniform, mature enough to survive and will inhibit erosion. \ `� ,` « i 4% �. r r r "� "� a .�- s -^ *, r x'•"ele 4. Sediment basins and traps, perimeter dikes, sediment barriers and other measures intended \ \� `=r °✓° ! r r r c `s -^ s £ ~ `+ \ \ -WZ `� _ .^ _.._ ..... ,. .r? PP r c ""7! t .y�c. y r ..a _1.........- _,.. _ _. -^ .ems / to trap sediment shall be constructed as a first step in any land -disturbing activity and shall`" "-- x / vjW be made functional before upstream land disturbance takes place. .� ., \ \ �.. •� �� -� �� M _,,....- � � �• r r•..! •/ r r r 5/9',Rf' .......". ,.•- ,,.. _ .__ ...... � 1p' Drove'•"_ M� , \ 5. Stabilization measures shall be applied to earthen structures such as dams, dikes and '`\ \ R08 -- - - � -°' r -- 'f r 1 '� ��•� -� „Y � vir diversions immediately after installation. f �,. « P05 ,,,„ 4 �e1, d � 6.Sediment traps and sediment basins shall be designed and constructed based upon the total drainage area to be served by the trap or basin. `* \ \. \ F.-..... ..... a. The minimum storage capacity of a sediment trap shaft be 134 cubic yards per acre of drainage area and me trap shall only control drainage areas less than three acres.7413 i` r r _ •� .... -- - - q7 y \\\\ \`- ----'--ALL-DO"WNSPOUTS AND BAS_E�Nfi SUMPS ARE R6QUIREIrTO r r r `� b.n dace rnoft from disturbed areas that Is comprised a flow fiom drainage areas greater 1 ,. / \ r / than or equal to three acres shall be controlled by a sediment basin. The minimum storage \ ,` ,., e,.,. 9� ! .00 capacity of a sediment basin shall be 134 cubic yards per acre of drainage area. The outfallGTHE„ST©RM"SEWER PIPE. ,r\ system shall, at a minimum, maintain the structural integrity of the basin during a M ` CONNECTION,�.SHALL' $E SEALED TO T1IE ADS PIPE' « `� ^ T twenty-five year Storm of -hour dust/on. Runoff roemcients used /n runoff calculations Shall"` \, \ .,,".,,,, correspond to a bare earth condition or those conditions expected to exist while the \ ` "'• ••'" '"" --' `" , „. ✓• '` ♦ �, �' verve • \ sediment basin is utilized. \ °��„„ ..�^°• ^'""'° -''� „� % ® "� T '#��� r 7. '510p and fit/ slopes shall be designed and constructed /n a manner that will t minimize erosion. f .� `` .,� ti.++ """" _ "' "- "m - '� sy �\ .,... Slopes that are found to be eroding excessively within one year of permanent stabi/ization ~ h' ` � � f ^ •�.'ye ; - shall be provided with additional slope stabilizing measures until me problem is corrected. _ --' i; ve;,,«.r.A_ ►�'!�. ' DING,.- � ~ ` _►f,�'�-`'�..'.."` :._"�`_ a. Concentrated runoff ryorshall not flow down curt or fit/ slopes unless contained within an \ i� f \ 1`\ ^- .w/ A�.N[o' AND G� adequate temporary or permanent channel, flume or slope dram structure. \ ( \�\l `-.�` �.,. r � ..- ^^� � _ �,. eF„ •""` +a.� - •-"" "° 'M � � � - ~ 10 = cfs 9. Whenever water seeps from a slope face, adequate drainage or other protection shall be 0 �\. 4�LI�� N x.�• 'ice ♦ �•.1 •,., provided. M l � i # AL RIPS •� BY R$1 4 j DA=562 oc ! 1 0-172 cis Q. 23.9 cisl e_ 10. All storm sewer inlets that are made operable during construction shall be protected so $ \\\'�y\ \ \ �« ,.... +�°°"' '• ,,, .,a.w. '°"""- r -� Yg that sediment -laden water cannot enter the conveyance system without first being filtered or �•� \ ��-•- r ��� ,,. --., y' otherwise treated to remove sediment. \ \ >,. \ �i - 9a �,. _ %'"mod► • r� � --' ` � ,,.. � i II.Befom newly constructed stormwater conveyance channels or pipes are made operations., 1 \ \ \ `� / �►�� I" r f ,, ' M `'• adequate oeHat protection and any required temporary or permanent channel lining shall be \ \ \ f .....,,� 10• installed in both the conveyance channel and receiving channel. \ \ \ \ / J r T u _ -... I,.. 12. When work in a live watercourse Is performed, precautions shall be taken to minimize \ \ \ \ 0 &54% 0 � 60• encroachment, control sediment transport and stabilize the work area to the greatest extent 1 1 \ y .-' • �Q$ 0 l Jpq.AgO• ,✓ J r'v j � possible during construction. Nonerodible material shall be used for the construction of i \\ ' �\ ,Gw d00 causeways and cofferdams. Earthen fill may be used for these structures if armored by \'9m \\ \ \ \ l' P\� V 9 . 9& t . �/ Sd� a My9.x9''� nonerodible cover materials. .� 1\ \\ i 1, }Ox `>� ---- I / •f /.+ �'r�.-- 13.When a live watercourse must be crossed by construction ides more than twice in any six-month period, a temporary vehicular stream crossing constructed of nonerodible material shall be provided' \,� € i \ ` .. /�, �. ti�If7R/C /,rip/ r •� r �� 1r �r r� °wr ,� r f -•. ,-. ,' \ + # .I 14. All applicable federal, state and local regulations pertaining to working in or crossing live # ` / ✓ / r watercourses shall be met. 981 ® 15. The bed and banks of a water course shall be stabilized immediately after work in the E00'CM? � � .m\ `- � � r• *\ \ ,,,,,,�, � r r� -- -; /" 10, �- for - watercourse �„ \.,, is completed. \ 11.42 f.. TWSE PLANS ARE FOR THE INSTALLA..TION(3'S'iTORMt 16. Underground utility lines shall be installed In accordance with the Following standards in \1 Op °m 5`cis \ \ �' \ ! _ ....- r / ,� `' i r r SEWER', SANITARY S;EWFR, & WA TER.-INDIVID6AL A'~ � addition to other applicablernteria: \\ \0 \ \\� ` \\ ! j!o �� -'-'ire ��~ // pr° r r rr r-(,RADIN(rALANS WITH EROSION & SEDFh1ENT a. No more than 500 linear feet of trench may be opened at one time. 1 \ \ 0 1 w / �. •� s ^. \ � �' ... ,, r ,, � .-- -" �►•- ._. _ , -"` �- � � r r CONTROL MEASURES WILL BE RCQUIRED WHEN \ b. Excavated material shall be placed on the uphill side of trenches. \ e� r ""•."• I ,r `✓ / \ \ \ r r1/ J�/r A�PCICATION FpR BUILDING PERMI�SIS MA�\ \ c.e i Effluent from dewatering both tions shall be entered or passed through of approved '� \ \ 0 „r/ °�««, ''I r •r w sediment trapping device, or both, and discharged in a manner that does not adversely \ '�. i \ ,� ✓'v \. �"/ "�• .� °""�'"� ,,� / / r I r r r � "`�. \\ affect Flowing streams or oN--site property. \ 1. '' \ \ M ,,,,. �"°°" __• // I .� 1yrr ,,r INDIVIDUAL SITE GRADING I�tY.NOT TAKk\PLACE t �' d. Material used for backfilling trenches shall be property compacted In order to minimize 1 \ 1 ~~ fQ1 ry ry rr r r I r'J WIjIA'�THIS PLAN EXCEPT AS RELiTTEQ TOT E erasion and promote llabllaccom. \ �\ " '\` r tf . - - -. •` _ m .w r r r // .RTOWN DITCHES"AN11 UTILITY INSTAL TION e. Restabilization shall be accomplished in accordance with these regulations. \ \ 1� \\ \ \ ,.,,„f,• f.A licab/e safetyregulations shall be complied with. \ \ ) \\\ \ r 17. Where construction vehicle access routes Intersectpaved or public roads, provisions shall J '•...,.„, •, ` -' I r r \\ f be made to minimize the transport of sediment by vehicular tracking onto the paved surface. /! i '+#� l �' `^ -•^ I \ f Where sediment is transported onto a paved or public road surface, the road surface shall be -` \ \ !J f "` ^\, .w `1� \ +������ ' -i--- /-�(ANA"i�A1C ESiI� cleaned thoroughly at the end of each day. Sediment shall be removed from the roads by ✓', shoveling or sweeping and transported to a sediment control disposal area. Street washing shall be allowed only after sediment is removed in this manner. This provision shall apply to rr' ,,.�.. !•� 111 j\t\ 1 ( \ \\ �, \i 1 "" ` ?'" +fie \ individual development lots as well as to larger land -disturbing activities. ,/ .�'r ` �` \t1 3\ \\ \ r ` 'a 4by°' L¢^'1 ✓ I E \ \\ \ V2 18.A/l temporary erosion and sediment control measures shall be removed within 30 days ,r; ., \ \ \ l 4\ a .,.c -, *., r Sf.'D i \ after final site stabilization or after the temporary measures are no longer needed, unless �' ^.. ! �• �,. 7 r' otherwise authorized by the local program authority. Trapped sediment and the disturbed Sall J i \ t 1 '� \ \ \ 1 .. r r ✓• tt areas resulting from the disposition of temporary measures shall be permanently stabilized to \ \ •,., �� \I \ \r "i` �ii'' % ' f^' -,._ _,....,, „„,v,_ °` �` ypgrlpy \ \ ✓ prevent further erosion and sedimentation. 19. Properties and waterways downstream ham development s/tes shall be protected from / \ 1 \\ i \` \ ` �' GRAPHICSCAT sediment depositioq erosion and damage due to increases in volume, velocity and peak flow - � 9- :. --"----- rate ofstormwater runoff for the stated frequency storm of 24-hour duration in accordance CONSTRUCTION OF A SILT FENCE w'thDe�/'°w'ngslandardsande"tena: E & S CONTROL NARRATIVE SILT FENCE CULVERT INLET (WITH iYIRE SUPPORT) PIPE OUTLET CONDITIONS Project Description Genera/ Erosion and Sediment Control Notes (VESH Table 6-1) PROTECTION m. �� w • *� 2 A M A STONE CONSTRUCTION ENTRANCE a, aaR -"-T This site is located between the Meadowbrook and Ridgefield ES-1. Unless otherwise indicated, all vegetative and structural erosion and sediment control practices 1°ve" A cow, i>mrJ subdivisions on the south side of Route 277. The site is a vacant will be constructed and maintained according to minimum standards and specifications of the Virginia y� 1 Erosion and Sediment Control Handbook and Virginia Regulations 4VAC50-30 Erosion and Sediment % •• field that will be divided into 5 residential building lots. Control Regulations. j j i m men ragman n "Wave Exishno Site Conditions ES-2. The plan approving authority must be notified one week prior to the pre -construction SIDE ELEVATION conference, one week prior to the commencement of land disturbing activity, and one week prior to The vacant field has an existing drainage swa/e that runs from the final inspection. A. mr east to west in an undefined chanel. The ground cover /s grass. _ T ES-3. All erosion and sediment control measures are to be placed prior to or as the first step in Adjacent Parcels clearing. now '� .YlellfW I I l!s as ID m� The adjacent parcels are residential lots. ES-4. m SA ropy of the approved erosion and sediment control plan shall be maintained on me site at all MW Aanl M M1IOi It11aG A M •t w •M� M �YIO i M1y,�e YM MIOI N ULLYAI[l a moi¢ no IXloo r MIa M ildum t1O[ �M[IYI. fR if Soils ES-5. Prior to commencing land disturbing activities in areas amen than indicated an these plans " 1O1a •'� � � ve�Y i 1 �M mwai I' T (induding, but limited to, off -site borrow or waste areas), the contractor shall submit a supplementary m•x .on �ria - The soils types determined from the USDA's "Soils Survey of erosion rontral plan to the owner for review and approval by the plan approving authority. L- I Frederick County, VA"shows B/alrton silt loams classified as #3B. amaavei �'�' PLAN VIEW This soil is predominately yellowish brown silt loams over bedrock ES-6. The contactor is responsible for installation ofan additional erosion ccntm/ measures necessaryj p y y to prevent erosion and sedimentation as determined by the plan approving y OPTIONAL STONE COMBINATION (shale) and offers 'slight' erosion hazards. P p pprovin authority. n Erosion Control Program ES-7. All disturbed areas are to drained to approved sediment control measures at all times during r land disturbing activities and during site development until final stabilization is achieved. • Instal/ construction entrance with wash rack ES-8. During dewatering operations, water will be pumped into an approved filtering device. SECTION A -A • Install wire supported silt fence i - r-r • Install culverts with inlet and outlet protection ES-9. The contractor shall inspect al/ erosion control measures periodically and after each arooi ar . Frio M nmcn • Instal/ water, sewer, and underground utilities runoff -producing rainfall event. Any necessary repairs or cleanup to maintain the.effectlmness of the I ' "i •• 6. . ' • Individual grading plans with erosion and sedimet plans will be erosion control devices shall be made immediately. rna rrs 'i '•K required for each lot at the time of application of building permits Frederick County Note: I w[ The Public Works and Engineering Department will retain the right to add to or modify these erosion v® man and sediment control measures during me construction process, within reason, to ensure adequate SECTION B-B r a.a protection to the public and environment. raw umm Awvrm horn war S1aWM slw.h aria V. 691RrM E.PC-1 s."ia�+ RA. ffis- INLET PROTECTION NOTE: SILT FENCE USED AS INLET PROTECTION IS NOT ALLOWED IN FREDERICK COUNTY, CONTRACTOR MUST INSTALL THE OPTIONAL STONE ARC AS SHOWN, I 10.43• 9503• i=94�.93• Ras By fl^9I'-_ L \ '\ Z s ,l DATE: FEB. 21, 2005 SCALE: 1"=20' FILE NO. 0103 SHEET 4 OF 4 i OUNTY of FREDERICK Department of Public Works 540/665-5643 FAX: 540/678-0682 August 17, 2006 Mr. Steven L. Patton, P.E. Patton, Martin & Associates, P.L.C. 163 Creekside Lane Winchester, Virginia 22602 RE: Revised Subdivision Plan - Meadowfield Subdivision Frederick County, Virginia Dear Mr. Patton: The revised Meadowfield subdivision plan dated August 11, 2006, has adequately addressed our review comments. Therefore, we grant our approval and will anticipate the submission of detailed site grading plans for the individual building lots. Please insure that any filling of Lot 1 does not adversely impact the existing wetlands or existing storm flows. Sincerely, Harvey E. �S rawsnyder, Jr., P.E. Director of Public Works HES/rls cc: Mark Cheran, Planning and Development file CAProgram Files\WordPerfect Office X3\Rhonda\TEMPCOMMENTS\meadowfieldrevsubdcom2.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning and Development 107 North Kent Street, Suite 202 . Winchester, Virginia 22601-5000 Telephone: 540/665-5651 FAX:540/665-6395 FAX TRANSMISSION TO: f ac[ COMPANY: :rC-CGN FAX #: '%v � — l L-2-x Remarks: Date: ,i l t ( 10(.0 Number of Pages (including cover sheet) From the desk of: 050027507 STEPNENS i� RT 277 �ti y S. SITE V ICIN 717Y MOAP FINAL SUBDIVISION PLAT FOR THE LANDS OF ANTHONY LEE COOK TO BE KNOWN AS MEADQWFIELD OPEQUON MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA OCTOBER 26, 2005 OWNER'S CERTIFICATE THIS SUBDIVISION SURVEY OF THE LANDS OF ANTHONY LEE COOK AS APPEARS ON THE ACCOMPANYING PLAT IS WITH THE CONSENT OF AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS, AND TRUSTEES, IFANY. 7 &1&at3 9_e42- SIGNA7VRE - kWf46NY LEE COOK COMMQNWZUr1fOFYYR6INIA CM1COUNTY Of , TO WIT, 7HE FOREGOING OWNER'S CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS-aDAY OF .3�� , 2005, BY.• PRINTED OWNER ,•'�gnci.�d� �,VOIARY�PUW PRINTED NOTARYPU 5I E so = MY CoMMISSIoN EXPIRES r SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THE PARCELS CONTAINED IN THIS SUBDIVISION SURVEY ARE THE LANDS CONVEYED TO ANTHONY LEE COOK BY DEED FROM JOY H. COSTELLO AND LEWIS MICHAEL COSTELLO, OF RECORD IN THE FREDERICK COUNTY CIRCUIT COURT CLERK'S OFFICE IN DEED BOOK 957 AT PAGE 01 DATED JANUARY 27, 2000, & INSTRUMENT 010001262 DATED FEBRUARY 7, 2001. AO GAR . OATES, LAND SURVEYOR PARENT TRACTS APPROVAL PARCEL 85B-(l)-12A -----~ ov�- 1.717 ACRES FREDERICK COUNTY SUBDIVISION ADMINISTRATOR DATE ZONED: RP A1fA64,w_ rL ,/1/oy a5 RICKCOUNTY S T ATION AUTHORITY DATE rr.j, I Gl DEPARTMEN OF TRANSPORTATION DATE 1073 Redbud Road GreyWolfe, Inc, Winchester, VA 22603 Land Surveying and Consulting GreyWolfelnc@aol.com 540-545-782.3 OFC 540-545-4001 FAX DRAWN BY: GRO FILE N0: 0103 1 SHEET 1 OF 4 CD iV C.JI N NOTES 1. AFIELD SURVEY WAS PERFORMED BY GREYWOLFE, INC. M 1UNE OF2003. 2. BASIS OF MERIDL4N IS BASED ON THE SUBDIVISION SURVEY OF RECORD BY H. BRUCE EDENS, CLS, DATM MAY i i, i 1970 OF RECORD IN THE FREDERICK COUNTY CIRCUIT COURT CLEWS OFFICE INDEED BOOK 363 AT PAGE 663. 3, A TITLE REPORT HAS NOT BEEN FURNISHED, THEREFORE, OTHER EASEMENTS OR ENCUMBRANCES MAY EXIST THAT ARE I I NOT SHOWN ON THIS PLAT. 4. THESE PARCELS ARE LOCATED ON FLR.M, COMMUNITY PANEL - No. 510063 0200 8 - DATED 1ULY 17, 1978 - IN FLOOD ZONE 'C'AREAS OF MINIMAL FLOODING. 5. GRADING AND LOT DRAINAGE IS THE RESPONSIBILITY OF EACH LOT OWNER. 6. THE FREDERICK COUNTY PLANNING DIRECTOR GRANTED A MASTER DEVELOPMENT PLAN WAIVER ON JANUARY 18, 2005. 7. THE FREDERICK COUNTY PLANNING COMMISSION GRANTED A WAIVER OF OPEN SPACE ON SEPTEMBER 7, 2005 8, THE FREDERICK COUNTY BOARD OF SUPERVISORS GRANTED A WAIVER FOR FRONTAGE, CURB & GUTTER, SIDEWALKS, AND STREET LIGHTS ON OCTOBER 26, 2005. I ABBREVIATIONS ! AREA TABULATION BRL = BUILDING RESTRICTION LINE ESMT = EASEMENT LOT AD]. ACREAGE EX. = EXISTING IPF = IRON PIPE FOUND 1 0.285 ACRES IRF = IRON ROD FOUND 2 0.306 ACRES ' PR. = PROPOSED 3 0.293 ACRES 4 0.455 ACRES RES. = RESIDENTIAL 5 0.378 ACRES R.O. W. = RIGHT OF WAY 858-(1)-I2A = 1.717 ACRES @ = PROPERTY CORNER FOUND B = 5/8" IRON ROD SET f ! I �o LOT 1 ji ! LOT 4 LOT 2 LOT 5 1� , \ Zc� LOT 3 �; I 0 i II ear o' 80' GRAPHIC SCALE FINAL SUBDIVISION PLAT FOR �PLTFi OF Lf THE LANDS OF ANTHONY LEE COOK TO BE KNOWN AS cry , No 19I R-8 MEAOO V✓FITELD OPEQUON MAGISTERIAL DISTRICT �I FREDERICK COUNTY, VIRGINIA / A�y 1073 Redbud Road W�Wolfe, _1nc. Winchester, VA 22603 j O GreyWolfelnc@aol.com 9�YO SUwj Land Surveying and Consulting 540-545-7823 OFC 540-545-4001 FAX FILE NO: 0103 I DATE: OCTOBER 26, 2005 9 SCALE: 1 " = 80' , SHEET 2 OF 4 ; ion.ww wwuonnn ` C7 • N 'I I 83B-1)-10 858-(1)-12 DAYSTAR HEATING & ONALI)-11 I W I DONALD D. & �RK �0 �ETTF 7UTi0N 4055 COOLING, INC. BRENDA G. WELSH DB 790, PG 1582 DB 756, PG 413 ZONED: RP 1/1 "IRf I. ZONED: RP ZONED. RP SHED USE: RES. . USE.' RES, E.• SHED USRES. •TOTAL)• I' � �-•185.00r � I I a 6Y'?$+Z7 � I III 518"IRF NAGE' . .. L. I I, 11 1/211RF I S�I1p� �E�E[V'f SM� 101 S.R.it I pIN E .168.04' 'E i f g 61°3627, " y $ 1f • � 11 I I, LOT 1 II ! 12,422 sf �n . ' 0.285 ACRES tIQ4 "^ 9 i 9 L � .. en C.) b� ' S•R' I 190,44' 10 5' I: N 58°5Q`02" W 178,2SEA II .NARY E�'V I 14.40' �p PRN�A7f MEN' , USED. '�• . . •20' DRAIIYA� W .165.71' . . ��,,,ff W.186.05. ...� 5929Y-�...•..--�-r' ' \ N Sg . LONGNG qR GE Ei45EMENT it i I 1 B.R.L. A i I Ji 1 ei + LOT 2 �I I II I . III 13,346 sf 0.306 ACRES . 0 'Izy I a •MII � IIQ, � T B.R.L. i I I ----- IV 54026`35" W 170.93' Il 4 • ' i. � . J 1 aC I i •� { I1 m Z I I° a LOT 3 W 12,755 5f - N 0.293 ACRES 10' B,R.L. I . . a PROPOSED 10'DRAIN,4GEAND LANDSC�IPINGfA,SEMENT • �I I' �—'� N 50617'34" W-164.83' d 1/2"IRF t 85B-(1)-13 SHED HED , KENNETH F & ! PATRICIA L LINEBERG s 4 ' I SHED DB 773, PG 1015 HOUSE t ' II ZONED: RP USE: RES.30' 0` 30' i III GRAPHIC SCALE � FINAL SUBDIVISION PLAT FOR r' LTH 0 THE LANDS OF ANTHONY LEE COOK TO BE KNOWN AS MEADOVIFLELD if ,�� OPEQUON MAGISTERIAL DISTRICT �C G R: GATES �' j� I FREDERICK COUNTY, VIRGINM No.1518-8 �►� I 5 8- I 1073 Redbud Road I I ?i 'I GreyWelfe, Inc. Winchester, VA 22603 t 'I �SUR Gre Wo/felnc@aoLcom `� N'� su E� 540-545-7823 OFC �' 1 Land Surveying and Consulting y ! I j I ( 540-545-4001 FAX III 'I i rrl C Gin. A1A2 I MAIM. nrTnDCD 74 13nnc l CI -Al C. IN - 'JAI d CLJ=C'T 2 f1V A 'I 21.48' 85B-(1)-8 � 858-(1)-9 858-(1)-10 FV HAROLD V. GRAY, JR DAYSTAR HEATING & DB 373, PG 178 IRMGARD HERMAN COOLING, INC. I' cn i ZONED. RP DB 880, PG 33 f USE.' RES. ZONED, RP DB 790, PG 1582 51/ USE: RES. ZONED. RP USE., RES. S44°33001,E - 251 j 1/1 "IRE f---�•_ CtOTAL) ' pR 10 D 1�2"IRRF 778R,L, ` R4INAGE& LANL)SG4PINGE SMT 0 at. LOT4 tell 19,822 sf -°Lei° 0.455 ACRES �v 1 O \ 41 Z �a O�G �INN 40' 0' 40' 63°29'Z2� W 134 °52'0568.47` . N ... 6105. - .. S63o29,22 W i 4 LOT 5 16,450 Sf 0.378 ACRES 10`B.R.L.' •L_ RR, 10' DRAINAGE & LANDSC4PI NG ESMT 3/4 "IRE N 50°17'34" W - 91.62' (TOTAL) 1/2"IRE 858-(1)-13 SHED KENNEN F. & PATRICIA L. LINEBERG DB 773, PG 1015 ZONED. RP USE. RES. 1 � I GRAPHIC SCALE I I it ,I EASEMENT NOTES 1. THE 20' PRIVATE WATER & SANITARYSEWER EASEMENT SHOWN ON LOTS 1 & 2 IS HEREBY DEDICATED TO LOTS 4 & 5 I i i OVERLAPS AND EXISTING DRAINAGE EASEMENT. ' 2. A PRIVATE 10' SANITARYSEWER EASEMENT OVER LOT 2 TO BENEFIT LOT 31S HEREBYDEDIC470. 3. THE 10' DRAINAGEAND LANDSCAPING EASEMENTS SHOWNALONG THE PERIMETER IS INTENDED TO DIRECT DRAINAGE , FROM NEIGHBORING PROPERTIES TOWARDS THE LARGER 20'ORAINAGE EASEMENTS IN rHE CENTER OF THIS PROJECT. i, 4. THE LANDSCAPING ASPECT OF THE EASEMENT IS INTENDED TO RECEIVE THE REQUIRED TREE PLANTINGS AS REQUIRED BY THE COUNTY ZONING ORDINANCE SECTION 165-36.A. 5. C 7HE MEADOWS" RECORDED IN DEED BOOK 363N PAGE 664, HOWEVER, THIS DRAINAGE EASEM NT WAS �DIMENSIONED AND MENSIONE INFERRING THAT IT WAS TO BE OVER THE Et7S77NG SCALE OVER THIS LAND AS IT MIGHT MIGRATE OVER TIME. THIS PROJECT HEREBY INCREASES THE WIDTH OF THIS EASEMENT TO 20' OVER A PROPOSED CUL VERT DIRECTING THE FLOW THROUGH THIS SITE THIS HAS BEEN DONE TO INSURE ADEQUATE AREA TO ADDRESS ANY FUTURE DRAINAGE ISSUES. II I' FINAL SUBDIVISION PLAT FOR 4TH OF THE LANDS OF ANTHONY LEE COOK TO BE KNOWN AS M Ej4 D 0 VAFTEL fJ I i OPEQUON MAGISTERIAL DISTRICT ; A FREDERICK COUNTY, VIRGINIA i' No, 1518-B II_I_�f 1073 Redbud Road GreyWolfe, Inc. Winchester, VA 22603 Land Surveying and Consulting GrL-yWolfernc@aol.com com S U RV 540-545-7823 OFC 540-545-4001 FAX i FILE NO: 0103 iDATE: OCT06ER Z6, 2005 ;SCALE: 1 " = 40 ` ; SHEET 4 OF 4 ; V1RUINIA: FREDERICK COUNTY. SCT. This instt wnent of writing was produced to we on �/� //- o2t►�� ©S at ,�--`� �t and with certificate of acknowledgement thereto aanextd was admitted to record. T unposed by Sec. 58.1-802 of $ , aad 58.1-WI have been paid, 9asseaviWa 4ew 4444-v I Clerk Immediate TX Result Report ( Aug, 11, 2006 1:57PM ) x * * Fax Header) File Date Time Destination Mode TXtime Page Result User Name No, ---------------------------------------------------------------------------------------------------- Aug.11. 1:54PM 5408681061 G3TES 2"53" P. 6 OK 4331 # Batch M Memory L Send later @ Forwarding E ECM S Standard D Detail F Fine ) Reduction * LAN —Fax + Delivery Q RX Notice Req. A RX Notice F E 9 7 2006 COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION 14031 OLD VALLEY PIKE GREGORYA. WHIRLEY EDINBURG, VA 22824 ACTING COMMONWEALTH TRANSPORTATION COMMISSIONER February 6, 2006 Mr. William A. Morrison P.O. Box 118 Stephenson, Va. 22656 Ref: Meadow Field Subdivision Meadowbrook Drive, Rte. 1021 - Frederick County Dear Mr. Morrison: In accordance with your request dated February 3, 2006 you are given permission to install a temporary construction entrance at the referenced location. This letter is to be considered your permit to do so. The following provisions will be required: • Work area protection signage is to be in accordance with the current Work Area Protection Manual while working on the right-of-way. • All work on the right-of-way is to be confined to the temporary entrance location only, A land use permit will need to be applied for and issued prior to any additional work on the right-of- way. This permit requires a fee and surety bond coverage, • A minimum 6" depth of VDOT #1 (2-3 inch stone) at a minimum width of 12' is to be placed from the edge of pavement and extended a minimum of 70' with a filter fabric underliner. • All materials spilled, dropped, washed or tracked from vehicles onto the roadway or into storm drains must be removed immediately. • Positive drainage is to be maintained within the right-of-way at all times. • A wash rack will be required. • A 15" culvert will be required. • Any disturbed areas of the right-of-way or damages to the pavement structure adjacent to this entrance will be repaired by you to our satisfaction. • This permit is being issued for 180 days. • All work is to be completed in accordance with the enclosed Virginia Erosion & Sediment Control Handbook, Specification 3.02. • The entrance is to be installed at the location shown on the Erosion Control plan prepared by Patton, Martin and Associates, P.L.C. dated January 24, 2006. The Department of Transportation will not be held liable for suit should such result from this operation nor is it granting permission to grade on the property of others or disturb underground utility lines. If the above listed items are not followed this permit may be revoked. Should you have any questions, please let me know. Sincerely, ) Robert D. Hawkins, Hwy. Permits & Subdivision Specialist Sr. VirginiaDOT.org Attachment xc: Mr. Mark Cheran WE KEEP VIRGINIA MOVING .J 1992 3.02 STD & SPEC 3.02 TEMPORARY STONE CONSTRUCTION ENTRANCE cE Definition A stabilized stone pad with a filter fabric underliner located at points of vehicular ingress and egress on a construction site. Pumose I To reduce the amount of mud transported onto paved public roads by motor vehicles or runoff. nditions_ Where Practice Atmlie Wherever traffic will be leaving a construction site and move directly onto a public road or' other paved area. 1 • •• •,t %•?+^•f. Y r_t� ii �.-i•1.�'�l1l.J4v.•Y1eS: �....•: S•�•.�•"s.'� j,:;y:- .7;.s ..'; �:::!•• •, �!:• • ., 1 .� r`. ». •YaNy'•"���ti,y���O.+� :�tti•��f�r^�••..^.ram. ^.���4 rii �a.. ''(.t'• - `.. . a ti•• •;• f•G�{i'�-. •q ti.�•t►~a.�..R•} y;V,t0lp,�_��� yyy�.�•�1� --.•._ � _� _ ����• •fir• •tom 'a•. :.!- � — .��•__�'♦ • _. •e�d�_T'+5��: �.. •.-.�-`'n�� ... f''-1 a.e•e• �l..Iaa �.n;.siS"�•,�'j1d.�a 'r. i 1992 3.02 A PlanningConsiderations ' Minimum Standard 17 (MS #17) requires that. provisions be made to minimize the transport of sediment by vehicular traffic onto a paved surface.' Construction entrances provide an area where a significant amount of mud can be removed from construction. veNcle.tires before they enter a public road and, just as important, the soil adjacent to the paved surface can be kept intact..A filter fabric liner is used as a -"separator° to e the dissipation of aggregate into the underlying soil due to construction traffic loads. If the action of the vehicles traveling over the gravel pad is not sufficient to remove the majority of the mud or there exists an especially sensitive traffic situation on the adjacent paved road, the tires must be washed before the vehicle enters the public road. If washing is necessary, provisions must be made to intercept- the wash water and trap the sediment so it can be collected and stabilized. Construction entrances should be used in conjunction with the stabilization of construction roads (see Std. & Spec. 3.03, CONSTRUCTION ROAD STABILIZATION) to reduce the amount of mud ' picked up by construction vehicles and to do a better jab of mud removal. Other innovative techniques for accomplishing the same purpose (such as a bituminous entrance) can be utilized, but, only .after specific plans and details are submitted to and approved by the appropriate Plan -Approving Authority. AgUegate Size 3-inch stone) be VDOT #1 Coarse Aggregate (2- to should used. Entrance Dimensions - The aggregate layer must be at Ieast 6 inches thick; a minimum three inches of aggregate should be placed in a cut section to give- the entrance added stability and to help secure filter cloth separator. It must extend the fa Lwidth of the vehicular ingress and egress area and have a minimum 12=foot.width. The length of the entrance must be at least-70 feet (see Plate 3.02-1). 4 WashinBar is If conditions on the site, are such that the majority of the mud not removed.by the vehicles. traveling over the stone; then the tires of the vehicles must'be washed before entering the public road. Wash water must be carried ' away from the entrance to aohn approved settling area to remove sediment. All sediment shall be prevented from entering ' storm drains, ditches, watercourses. A wash rack- may also be used to make washing .or more convenient and effective (see Plate 3.02-1). y Location The entrance should be located to provide for maximum utilization by all construction - __......vehi.cles. y 1992 Construction Specifications 3.02 The area of the entrance must be excavated a minimum of 3 inches and must be cleared of all vegetation, roots, and other objectionable material. The filter fabric underliner will then be placed the full width and length of the entrance. 'Following the installation of the filter cloth, the stone shall be placed 'to the specified dimensions. If wash racks are used, they should be installed according to manufacturer's specifications. Any drainage facilities required because of washing should be constructed according to specifications. Conveyance of surface water under entrance, through culverts, shall be provided as required. If such conveyance is impossible, the construction of a "mountable berm with 5:1 slopes will be permitted. The filter cloth utilized- shall be a woven or nonwoven fabric consisting only of continuous chain polymeric filaments or yarns 'of polyester:. The fabric shall be inert to commonly encountered chemicals and hydrocarbons, be mildew and rot resistant, and conform to the physical properties noted in Table 3.02-A. Maintenance The entrance shall be maintained in a condition which will prevent tracking or flow of'mud onto public rights -of --way. This. may require periodic top.dressing with additional stone or the washing and reworking of existing stone as conditions demand and repair and/or cle"snout of any structures used to trap sediment. All materials spilled, dropped,. washed, or tracked from vehicles onto roadways or into storm drains must be removed immediately. The use of water trucks to remove materials dropped; washed,"or tracked onto roadways will not be permitted under any circumstances. fl dc: 10 d 1992 STONE CONSTRUCTION ENTRANCE 7(r MIN. , EXISTING 3.02 FILTER CLOTH C MIN. i A l MOUNTABLE BERM (OPTIONAL) SIDE ELEVATION • GROUND I \N •IiIIIr�Me.. 17 (OPTIONAL) :i�� .y w'q7. JttN't{••i II -..,,,,rya: ,a•. .�. . Iar�,. +•� si.asvia'r •� is 1.. � I 1� •��1 � I •11 30 I I SECTION A -A RE[nr u.ca,w �un..lcc 1 c LIGHUY JYHLG SECTION B--B Source: Adapted from 1983 Maryland Standards for Soil Erosion and Sediment Control, and Va." DSWC " Y III-9 October 20, 2005 Mr. Gary R. Oates GreyWolfe, Inc. 1073 Red Bud Road Winchester, Virginia 22603 RE: Subdivision Plan Comments - Meadowfield Frederick County, Virginia Dear Gary: COUNTY of FREDERICK Department of Public Works 540/665-5643 FAX: 540/ 678-0682 Upon review of the revised subdivision plan dated September 14, 2005, all of our previous comments have been addressed. Therefore, we recommend approval of the subject plan. JCW/rls cc: Planning and Development file Sincerely, - 0 Lt-')d &1i Joe C. Wilder Deputy Director meadowfield reveoin.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 Subdivision Application #17-05, Meadowfield / Cook & Shore September 21, 2005 Page 2 REVIEW AGENCY COMMENTS: Department of Transportation: The application for subdivision of this property appears to have measurable impact on Routes 1021 and 1065, the VDOT facilities which would provide access to the property. Before development, you will need to contact Mr. Bill Stover, Maintenance Superintendent at our Stephens City Headquarters at (540) 869-1100, to secure the necessary private entrance permits. Entrances will have to be constructed to VDOT standards to allow for safe egress and ingress of the property. Fire and Rescue: Water supplies for firefighting shall meet the requirements of Frederick County Code Section 90-4. Plan approval recommended. Sanitation Authority: Need copies of all recorded easements. Public Works: No comments Inspections: Dwellings shall comply with The Virginia Uniform Statewide Building Code and the International Residential Code/2000. Engineering may be required on foundations of lots 4 and 5. Parks and Recreation: No comments GIS• No comments Frederick County Public Schools: Based on the information provided, it is anticipated that the proposed five single family homes will yield one high school student, one middle school student and two elementary school students for a total of four new students upon build -out. Significant residential growth in Frederick County has resulted in the schools serving this area having student enrollments exceeding the practical capacity for a school. The cumulative impact of this project and others of similar nature coupled with the number of approved, undeveloped residential lots in the area and other projects will necessitate future land acquisition for the purpose of new school facilities to accommodate increased student enrollments. The impact of this subdivision on current and future school needs should be considered during the approval process. Planning Staff Review: Public Meeting_ Requirement The Subdivision Ordinance requires that land divisions in the RP (Residential Performance) Zoning District, without an approved master development plan, be presented to the Board of Supervisors for final approval (Chapter 144-12-B). The Master Development Plan (MDP) requirement may be waived under Section 165-134A of the Frederick County Zoning Ordinance provided: WAIVER and SUBDIVISION APPROVAL REQUEST FOR ANTHONY COOK AND SUBDIVISION #17-05 OF MEADOWFIELD Staff Report for the Board of Supervisors Prepared: September 21, 2005 Staff Contact: Mark R. Cheran, Zoning Administrator This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist in the review of this application. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 05/18/05 Tabled 09/07/05 Recommended Approval Board of Supervisors: 09/28/05 Postponed by Applicant 10/26/05 Pending : �OVED LOCATION: This property is located on the west side of Meadowbrook Drive (Route 1021), 300 feet south of the intersection with Highlander Road (Route 1020). MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBER: 8513-1-12A PROPERTY ZONING & PRESENT USE: RP (Residential Performance) District Land Use: Vacant ADJOINING PROPERTY ZONING & USE: North: Zone RP South: Zone RP East: Zone RP West: Zone RP Use: Residential Use Residential Use Residential Use Residential SUBDIVISION SPECIFICS: Subdivision of 1.717 acres into five single family detached traditional lots (maximum area of 12,422 square feet each). Subdivision Application #17-05, Meadowfield / Cook & Shore September 21, 2005 Page 3 1) A proposed subdivision contains ten (10) or less traditional detached single-family dwelling units. 2) The proposed subdivision is not an integral portion of a property proposed or planned for future development. 3) The proposed subdivision is harmonious with the surrounding properties and land uses. 4) The proposed subdivision does not affect the intent of the Frederick County Zoning Ordinance, and Code of Frederick County Chapter 144; Subdivision of Land. This proposed subdivision appears to meet the requirements for a waiver from the MDP requirements. The applicant has been granted a waiver of the MDP requirements. This project contains land zoned RP and does not have an approved MDP; therefore, Planning Commission and Board of Supervisors review and action is necessary. Background The Board of Supervisors approved the Meadows Subdivision on October 9, 1972. The proposed subdivision (Exhibit "A") will create five single family detached traditional lots. These proposed lots are allowed in the RP Zoning District, under Chapter § 165-65B of the Zoning Ordinance. Public water and sewer will be utilized by the proposed lots. Requested Waivers The Frederick County Zoning Ordinance requires that subdivisions which result in lots less than 15,000 square feet must provide: curb and gutter, sidewalks, streetlights, and open space. The applicant has sought an exception from these requirements, as the adjacent properties are of similar size and do not have these identified improvements. In fact, the adjacent lots, as well as the entire The Meadows subdivision, are comparable in lot size sans the identified improvements. Therefore, the applicant has requested a waiver of the improvements. • The applicant is seeking a waiver from the open space requirements, enabled by Section 165-63C; this open space waiver is at the discretion of the Planning Commission. • The applicant is seeking an exception from the: streets (144-17); curb and gutter requirements (Section 144-17L); sidewalks (Section 144-18(1)); and streetlights (Section 144-19). These exceptions may be granted by the Board of Supervisors (Section 144- 5), with a recommendation form the Planning Commission. STAFF RECOMMENDATION FOR 09/07/05 PLANNING COMMISSION MEETING: The Planning Commission at its May 18, 2005, voted to table this application to allow the applicant time to provide the Planning Commission answers to any possible outstanding legal issues. This property was vacated by Frederick County on April 23, 2003, as noted by the resolution attached with this subdivision request. This property is owned outright by Mr. Cook as noted by the legal documents. The proposed subdivision appears to satisfy agency and ordinance requirements, once minor issues are addressed. The proposed five (5) residential lots will range in size from 12,422 to 19,805 square feet. These proposed lots comply with the dimensional Subdivision Application #17-05 — Meadowfield/ Cook & Shore Septernber 21, N9, 5 Page 4 requirements of the single family detached urban housing type; in particular, the minimum lot size of 12,000 square feet. Access to three (3) of the proposed lots will be directly onto Meadow Brooke Drive (Route 1021), with two (2) lots having access onto Ridgefield Ave (Route1065). This property is located within the UDA and SWSA as indicated in the 2003 Frederick County Comprehensive Policy Plan. When considering the waiver requests, the Planning Commission should consider the surrounding properties and their existing improvements. Staff is seeking administrative approval authority; therefore, a recommendation from the Planning Commission to the Board of Supervisors regarding the subdivision request is desired. Action on three items would be appropriate: • Open Space waiver (PC waiver) • Street frontage, curb and gutter, sidewalks, and street lights exception (Board waiver) • Granting staff administrative approval authority (Board action) PLANNING COMMISSION SUMMARY & ACTION OF THE 09/07/05 MEETING: The applicant's representative, Mr. Gary Oates, stated that information regarding the acquisition of the property and the public right-of-way had been provided to the County's attorney. Mr. Oates also described the drainage and grading plan, which was submitted to and approved by the Public Works Department. It was noted that a site plan will need to be submitted to the County's Public Works Department for each lot at the time of building permit application. The County's attorney confirmed that he had reviewed all of the legal documents. It was his opinion that Mr. Cook had followed all the necessary procedures to legally acquire the property. One adjoining property owner spoke in opposition to the requested subdivision. She was concerned that water runoff problems and flooding would become worse if this property was developed. It was her opinion that this parcel was not originally developed because it acted as a holding area for water runoff and that is why it was designated as a park area. Some members of the Commission questioned whether the applicant's stormwater drainage plan would adequately take care of the drainage problems. They commented that substantial grading would be needed, especially on Lot 1. A member of the Commission believed an improved layout would result if there were only four lots instead of five, eliminating one of the lots on Meadowbrooke Drive. By a majority vote, the Planning Commission granted a waiver of the open space requirements; recommended approval of an exception from the requirements for: streets, curb and gutter, sidewalks, and streetlights; and recommended that staff be granted administrative authority to approve the subdivision. Subdivision Application #17-05 — Meadowfield/ Cook & Shore September 21, 2005 Page 5 The majority vote was as follows: YES (TO APPROVE): Straub, Morris, Light, Kriz, Triplett, Manuel, Wilmot, DeHaven NO: Gochenour, Thomas (Commissioners Watt, Unger, and Ours were absent from the meeting.) PLANNING COMMISSION RECOMMENDATIONS FOR THE 10/16/05 BOARD OF SUPERVISORS: The Planning Commission recommended that the Board of Supervisors: • Grant a waiver of street frontage, curb and gutter, sidewalks, and street light exception. • Grant the planning staff with administrative approval authority. s C O, PYNE N z N CV858 21 18 BELL o �, r u, `" �, o 85B 1 4 m y m 0 iP H v— aw v clj if ? m m N W .— N HOKE co o� rm � ; 85B 1 5 _CO LO � M �oodsjde`(•ir�� 0 Co Co U N WOppROVy to z 858 w m 21 45 0 �, AVILA 85B 21 47 ► U 000 040 85B 21 i—I EICHHORST I SILLAH 85C 12 61 85C 12 60 MCCANN 85C 1 2 88 e40 8$8A1LEY \7? 864 12 89 6 LUCCIOLA LARK 85B 21 48 85B 21 43 85 BgKER B PMS P� 21 49 g58 21 42 ���� h6 �`� PARK 85C 12 51 $RG h / CRUZ 85C 12 99 SHIRLEY 85C 12 98 PLAVNIEKS 85B 1 6 BROEN\N 9 858 1i `' (PSByFBcc r 'PG 8s6 Ty'Fl r 8s� GTi` r4 rs ?YX \P 11 g58 1 ��J ^cb ti JV mom mac'^ �a yFr 8`r9 sy�r r qy d asesyrrTy � 7 �s6 50 �� P �T2 hh BSe�F4rs r BSeR�2�FR C6'' 6sIS,P9 , 0j 7 m m d0 dge�lrl�s Zg m e "' 7 to O m N rn � Y 7yF 7 � i ��Oy � I')riftwood•I)r� o mcn r "6 6sF9y� 1 ps `P6& �9 g68 N 6�c s- gLFy 63 1� Map Features Subdivision # 17 - 05 Bridges APPlication O Parcels Me ad owf i e I d Cu �v lverts B Lak-s .,ds ^� Dams Agricultural & Forestral Districts . Steams Retaining Retaining Walls Double Ch-h N 85B ) Buildings Road Centerlines Refge uCh—h -1 -12A Tanks N O South Frederick W E 0 50 100 200 \� Trails S Feet r, w�ODRO uNi v 858�21 ' W W BEN\NG 45 ` o. N A^VILA BR 1 it 10 � • � = m 856 21 47 g59 " + fU ao LUCCIOLA ' Im JILaLm 85C 1 2 60 � m N a eArrw uu ,,'vo �Nh •$� Map Features Subdivision # 17 - 05 ,^I/B"d9P5 B ApplicaUo^ ^� Culverts O Parcels Meadowfield Lakes/Ponds Dams Agricultural & Forestal Districts Streams ,., Retaining Walls Double Charon N 85 B 1 1 2A Buildings Road Centerlines ® Refuge Ch„reh — — ( ) -Tanks N South Frederick w H 0 50 100 200 �'.. Trails s Feet Exhibit "A" FINAL SUBDIVISION PLAT FOR THE LANDS OF ANTHONY LEE COOK TO BE KNOWN AS MEADOWFIELD OPEQUON MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA MARCH 23, 2005 OWNER'S CERTIFICATE THIS SUBDIVISION SURVEY OF THE LANDS OF ANTHONY LEE COOK AS APPEARS ON THE ACCOMPANYING PLAT IS WITH THE CONSENT OF AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS, AND TRUSTEES, IFANY. SIGNATURE - ANTHONY LEE COOK COMMONWEALTH OFVtR491=4 CITY/COUNTY OF BEFORE ME THIS_ DAY OF_ PRINTED OWNER TO WIT: THE FOREGOING OWNERS CERTIFICATE WAS ACKNOWLEDGED 2005, BY: PRINTED NOTARYPUBLIC SIGNATURE NOTARYPUBLIC MY COMMISSION EXPIRES _ SURVEYORS CERTIFICATE I HEREBY CERTIFY THAT THE PARCELS CONTAINED IN THIS SUBDIVISION SURVEY ARE THE LANDS CONVEYED TO ANTHONY LEE COOK BY DEED FROM JOY H. COSTELLO AND LEWIS MICHAEL COSTELLO, OF RECORD IN THE FREDERICK COUNTY CIRCUIT COURT CLERK'S OFFICE IN DEED BOOK 957 AT PAGE 01 DATED JANUARY 27, 2000, & INSTRUMENT 010001262 DATED FEBRUARY 7, 2001. PARENT TRACTS PARCEL 858-(1)-12A 1.717 ACRES ZONED: RP PLTH OF(�j'P GARY R. OATES v No. 1518-B `, SURv�144 GARY R. OATES, LAND SURVEYOR APPROVAL FREDERICK COUNTY SUBDIVISION ADMINISTRATOR FREDERICK COUNTY SANITATION AUTHORITY VIRGINIA DEPARTMENT OF TRANSPORTATION GreyWolfe, Inc. Land Surveying and Consulting DRAWN BY: GRO FILE NO: 017, DATE DATE DATE 1073 Redbud Road Winchester, VA 22603 GreyWolfelnc@aol.com 540-545-7823 OFC 540-545-4001 FAX SHEET l OF 4 NOTES 1. A FIELD SURVEY WAS PERFORMED BY GREYWOLFE, INC. IN JUNE OF 2003, 2. BASIS OF MERIDIAN IS BASED ON THE SUBDIVISION SURVEY OF RECORD BY H. BRUCE EDENS, CLS, DATED MAY 11, 1970 OF RECORD IN THE FREDERICK COUNTY CIRCUIT COURT CLERK'S OFFICE IN DEED BOOK 363 AT PAGE 663, 3. A TITLE REPORT HAS NOT BEEN FURNISHED; THEREFORE, OTHER EASEMENTS OR ENCUMBRANCES MAY EXIST THAT ARE NOT SHOWN ON THIS PLAT. 4. THESE PARCELS ARE LOCATED ON F.I.R.M. COMMUNITY PANEL -No. 510063 0200 B -DATED JULY 17, 1978 -IN FLOOD ZONE 'C' AREAS OF MINIMAL FLOODING. 5. GRADING AND LOT DRAINAGE IS THE RESPONSIBILITY OF EACH LOT OWNER, ABBREVIATIONS BRL = BUILDING RESTRICTION LINE ESMT = EASEMENT EX. = EXISTING IPF = IRON PIPE FOUND IRF = IRON ROD FOUND PR. = PROPOSED RES. = RESIDENTIAL R.O. W. = RIGHT OF WAY p = PROPERTY CORNER FOUND p = 518" IRON ROD SET LOT 5 AREA TABULATION LOT ADJ. ACREAGE 1 0.285 ACRES 2 0.306 ACRES 3 0.293 ACRES 4 0.455 ACRES 5 0.378 ACRES 85B-(1)-12A = 1.717 ACRES LOT 3 80, 0' GRAPHIC SCALE FINAL SUBDIVISION PLAT FOR �PLTH OF V THE LANDS OF ANTHONY LEE COOK TO BE KNOWN AS G1 MEADOWFIELD OPEQUON MAGISTERIAL DISTRICT u GARY R, OATES D FREDERICK COUNTY, VIRGINIA No. 1518-B 1073 Redbud Road GreyWolfe, Inc. Winchester, VA 22603 l�NO SURv�yO� Land Surveying and Consulting Grey 540-545-7823 OFCm 540-545-4001 FAX FILE NO: 0103 DATE: MARCH 23, 2005 SCALE: 1 " = 80' 1 SHEET 2 OF 4 858-(1)-10 85B-(1)-11 BSB-ANNEME DAYSTAR HEATING & DONALD D. & MARK & 030004 E TUTTON 055 COOLING, INC. I BRENDA G. WELSH ZONED: RP DB 790, PG 1582 DB 756, PG 413 ZONED: S 1/2'7RF ZONED: RP SHED USE: RES. ZONED: RP USE: RES. USE: RES. SHED HED 00" pT"ALY 5d 1°36' E 185 1/2'7Rf 5/8'7Rf ' D INAENr 10 B R L 0•�: PROPOSCAPIN10.G EASE & !AW I o LOT 1 QC 12,422 sf 0.285 ACRES o. 10.24' O / 10'SEMEN? O S 58°50'02" E - 190.44 PRIVAT�7ERL-` T/ 10.24' PROPOSED,02 yy-178.25 / �N 58 50 / p20' SANITARY SEw R EASE 14.40' ppd0 . ' yy 186 05 . INAGE EASES I N 58 2 Z p DRA. . L�-'5p " W V LOT 2 4, 13,346 sf M 0.306 ACRES 10' B.R.L. o N 540205" W 170.93' j a. 10'B.R.L. 0 ..;oo. � LOT I Q O m 12, 755 sf Q h Q h . 0.293 ACRES �, W Z � 2. 10' B.R.L. PROPOSED 10'DRAINAGEAND LANDSCAPING EASEMENT 58- 1 -13 SHED N 50°1734" W - 164, 83' 1/2 IRF 8 KENNETH F. & SHED PATRICIA L. LINEBERG SE DB 773, PG 1015 HOUSE ZONED: RP USE: RES. FINAL SUBDIVISION PLAT FOR �P,LT H OF V THE LANDS OF ANTHONY LEE COOK TO BE KNOWN AS lac, MEADO WFIELD 2+ OPEQUON MAGISTERIAL DISTRICT u GARY R, OATES D FREDERICK COUNTY, VIRGINIA No. 1518-B 1073 Redbud Road GreyWolfe, Inc. Winchester, VA 22603 `9ti0 �10� ~Land Surveying and Consulting GreyWo/felnc@ao/.com SURVE 540-545-7823 OFC 540-545-4001 FAX FILE NO: 0103 DATE: MARCH 23, 2005 SCALE: 1 " = 30' 1 SHEET 3 OF 4 85B 1 -8 IJ HAROLD V. GRAY, JR 858(9 85B (1J 10 DS 373, PG 178 IRMGARD HERMAN DAYSTAR HEATING & \ ZONED: DB 880, PG COOLING, INC. USE: RESS.. ZONED: RP 33 I DB 790, PG 1582 USE: RES. ZONED: RP USE: RES. 5/8'IR 544°3300"E- �112"IRF 184' (TOTAL) .... PR. 10'ORAIN �E & L gNOSCAPING 1/1 "IRf 10'B.R.L. ESMT 0 a LOT4 mI 19,822 sf \ ��< 1 \ 0.455 ACRES N i �Q� A O \ �z 13.08'� i 19.48' Q 0 C-1 .,s 3' 62°p0102" E " 16 O' N �! N 61°52'OS" W .168 47 -- e 562 p 02 ,p4' . W LOT 5 a' 16,450 sf a o 0.378 ACRES I Z �o 0 m a0- \ 10' s — 10' B.R.L. PR. 10' DRAINAGE & LANDSCA \ 3/4'IRF N 50°62'1734" W - 91.(TOTAL) � \1 \ \\ 1/1'IRF EASEMENT NOTES 85B-(I)-13 SHED KENNETH F. & PATRICIA L. LINEBERG DB 773, PG 1015 ZONED: RP USE: RES. 1. THE 20' SANITARY SEWER EASEMENT SHOWN IS HEREBY DEDICATED TO THE FREDERICK COUNTY SANITATION AUTHORITY OVERLAPS EXISTING DRAINAGE EASEMENT. 2. A PRIVATE 10' SANITARY SEWER EASEMENT OVER LOT 2 TO BENEFIT LOT 3 IS HEREBY DEDICATED. 3. THE 10' DRAINAGE AND LANDSCAPING EASEMENTS SHOWN ALONG THE PERIMETER IS INTENDED TO DIRECT DRAINAGE FROM NEIGHBORING PROPERTIES, PROPOSED HOUSES ON THE NEW LOTS, AND TOWARDS THE LARGER 20' AND 30' 4. DRAINAGE EASEMENTS IN THE CENTER OF THIS PROJECT. THE LANDSCAPING ASPECT Of THE EASEMENT IS INTENDED TO RECEIVE THE REQUIRED TREE PLANTINGS AS REQUIRED BY THE COUNTY ZONING ORDINANCE SECTION 165-36.A. 5. AN EXISTING 15' DRAINAGE EASEMENT WAS SHOWN ON THE PLAT BY H. BRUCE EDENS ENTITLED "THE MEADOWS' AND RECORDED INDEED BOOK 363 ON PAGE 664. HOWEVER, THIS DRAINAGE E45EMENT WAS NOT DIMENSIONED INFERRING THAT IT WAS TO BE OVER THE EXISTING SWALE OVER THIS LAND AS IT MIGHT MIGRATE OVER TIME. THIS PROJECT HEREBYINCRL 45ES THE WIDTH OF THIS &SEMENT TO 20' OVER A PROPOSED CULVERT DIRECTING THE FLOW, AND 30' WIDE WHERE IT ENTERS EWING LANE. THIS HAS BEEN DONE TO INSURE ADEQUATEAREA TO ADDRESS ANY FUTURE DRAINAGE ISSUES. FINAL SUBDIVISION PLAT FOR THELANDS OFANTHONY LEE COOK TO BEKNOWNAS MEADOWFIELD OPEQUON MAGISTERIAL DISTRICT (!D FREDERICK COUNTY, VIRGINIA 1073 Redbud Road GreyWolfe, Inc. Winchester, VA 22603 Land Surveying and Consulting GreyWolfeInc@aol.com OFCm 540-545-4001 FAX FILE NO: 0103 IDATE, MARCH 23, 2005 I SCALE: 1 " = 30' 1 SHEET 4 OF 4 TRANSMITTAL LETTER i1 GREYWOLFE, INC. 1073 REDBUD ROAD • WINCHESTER, VA 22603 (540) 545-7823 9 (540) 545-4001 FAX GREYWOLFEINC@AOL.COM Frederick County Subdivision Administrator September 14, 2005 107 North Kent Street Winchester, VA 22601 Attn: Mark Cheran Subject: Meadowfield Subdivision Dear Sir: As we have discussed in recent days, I am formally requesting that the Meadowfield Subdivision be moved from the 2"d meeting date of September for the Board of Supervisors to their 2"d meeting date of October. This will allow Public Works and the Sanitation Authority time to review revisions to the site plan. Please call with any questions you may have. Thank you, Gary. Oates, LS-B, PE GreyWolfe, Inc SEP 1 5 2005 FRE" EMCK COUNTY PLANININ.; DEVELOPMENT APPLICATION AND CHECKLIST SUBDIVISION FREDERICK COUNTY VIRGINIA 00 Date: Application % Fee Paidy00 Applicant/Agent: David Shore Address: 2045-A Valley Avenue Winchester, VA 22601 Phone: 665-2197 Owners name: Anthony Lee Cook Address: 5546 Valley Pike Stephens City, VA 22655 Phone: Contact Mr. Shore 665-2197 Please list names of all owners, principals and /or majority stockholders: Anthony Lee Cook Contact Person: Gary Oates N GreyWolfe, Inc. Phone: 545-7823 Name of Subdivision: Meadowfield Number of Lots 5 Total Acreage 1.717 acres Property Location.. Westside of Route 1021 (Meadowbrook Drive) & 300' south of intersection wth Highlander Road (Give State Rt., name, distance and direction from intersection) Magisterial District Opequon Property Identification Number (PIN)) 8513-1-12A 8 Property zoning and presmt use. Zoned RP and Vacant Adjoining property zoning and use: Zoned RP with residences Has a Master Development Plan been submitted for this projca? Yes X No If ycs, has the final MDP bem approved by the Board of Supervisors? Yes No What was the Master Development Plan tick? MDP was Waived Docs the plat oontam any changes from the approved MDP? If yes, specify what changes: Minimum Lot Size (smallest lot): 12,422 sf Number and types of housing units in this developnzw: Yes X No 5 single family detached * s s I have read the material included in this package and understand what is required by the Frederick County Planning Department. I also understand that all required material will be complete prior to the submission of my site plan Signature: Date: Apr 22 05 10:29a Dave a Cathy Shore ERR M 540-662-7170 p. fI i' APR Z V5 Special Limited Power of Attorney FF'tiari�rt UOUNTY County of Frederick, Virginia„>I--VFLoK,!FIwT Frederick Planning Web Site: www.co.frederickva.us Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By 'Those Present: That I (We) (Name) / -) /U TL h C O t, S R. (Phone) � Y �. �? Y• S a 6$ (Address) 0, pX (y S fie p i t trtJS -- SS" the owner(s) of all those tracts or parcels of land ("P operty") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 030011092 on Page , and is described as Parcel: Lot: Block: Section: do hereby make, constitute and appoint: (Name) Gary R. Oates, LS-B, EIT Subdivision: 8 5 8-(1) -12A (Phone) 540-545-7823 (Address) 1073 Redbud Road, Winchester, VA, 22603-4757 To act as my true and lawful attorney -in -fact for and in my (our) name, place, and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: Cl Rezoning (including proffers) ❑ Conditional Use Permits ❑ Master Development Plan (Preliminary and Final) ® Subdivision ❑ Site Plan My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) have hereto set my (our) hand and seal this 24 day of 200-1-- Signature(s) State of Virginia, City/County of t fll /i CAI E4C To I, _ ��!/Z �/% 4 F allotary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this 67/ day ot�, 200.a My Commission Expires: Z ` -3 Notary Public ?UMBACK LAND . Aa A 2b \10 pig vO . `\-Ve A G 1811. w ao 03 X y o 3 sq.-be vl\0 AD-: C� �.o ¢ �� opsal� g� _ SA. N 0 1 �od.,�- RO� PE >#�-'`" �'�� � j ' ��• kk IS 49 w! 13,439 Jd 2a_21.33" -- 140.00GUARD LOT 48 ® m g I I , 90o rr g APPROVED FOR CeMtAL HATER m 47 V� DEPT. QF HIGHWAYS VA. DEFT OF HEALTH �r.. - --- ° ---- 3 w wl s / �� _ D $ 11,900 j${m �/ ( H.C.CROWOER,RES.EN-0 DIRECTOR --- i140.00' --- -- � SANITARIAN 46 ;0 $ . 11,918 jd I FREDERICK COUNTY BOARD OF S PERVISORS �_ I:1 mm I CHAIRMAN ADLIINISTRATOR - r 45 BOWMAN �- - - -- _ ---- --" --- - �,� I D �� 11.938 R1 g THE ABOVE AND FOREGOING SUE'DIVISION OF Z I LAND THE FREDERICK TO' CO'APANY AS APPEARS IN m-I$b.rid` -� THIS PLAT 19 WITH THE FREE CONSENT AND IN v.w mI ACCOMANCE WITH THE OESMES OF THE UNDER- -- 'p 44 O1 SIGNED OWNERS, PRIETORS AND TRUSTEES '� I1, 934 yf g 1F ANY. Oi r— Idt 38 FR\EDCRICKTOJ JE COMPANY R0BERT S. BARBOUR, SECRETARY 11971 �' 1 HEREBY CERTIFY THAT THE LAM IN 1 THIS SUEDIVISM-4 IS A PCRTION OF THE ' y1.L':A:1; i LAND CONIVEYED TO FF=- [0XTC=E CO. m co r 6. • BY DC''MS MATED IS APRIL IWO IN DZD --� 4Q a� � =r� SOCK 332 PACE 553 AND DEEDS00K 352 PAGE 5w. 54 113 (a19'5 H. BAUCE EDENS, C.L.S. o �I 41 1 $ 12,007,d a' _—_j L_142Ti22' m im ,W 40 Q 12,026)2( $' t'Y ��r_f128P 1a2.94 � .9a' + 39 p! 13.293 9 y( Rook ��.1 3. 49, to NI4. "UN( 3y'ab. 2 as QD$? ORIV� N 60, 8, a 36 0 tVa + -Lead, Q'�oIQ wl 84j.3. 7 z NEFF LOT O � _ FINAL -PLAT _ "THE MEADOWS" SUBDIVISION OPEQUON DIST. FREDERICK COUNTY, VA. — SCALE ' I"-10_0' H. BRUCE EDENS, C. L.S. SHEET 1 OF 4 NOTE' L 30' FRONT MALOINO R STRICTION LINE ON ALL LOTS. 2. 10' RZ'-ZiVED STRIP ALC"' :'INGS LANE RMN.ED BY FR---DM, CKTOPINNE C=FA.WY. o od •' • I\ ' . r ,: 8 ,F�� -se 2. L'0' goo 15,324,0 y`r 'op` Ib,o48,W 0 51 �, • J0,2336. f so 13 g PARK I m 8 10 10.141 d o72.393 p 1 a w N2MP1'3, " NZ I 1 lbV�'] 1y v tp � • 1 1 11 0 11, 900 Jf .66 i.I� •�; � ;• 12,sooar � a � I I� �. - la0�� • m YEA U 12,149.0'; ® 0 ®Q a�a"DOIVR z • 1 �'�Ol� s 64. 111900 140.00 ¢ t i I .. cad !lQ� ' i! 31 0o e8 WiDE as. ,�0� es age g FINAL PLAT FREDERICKTOWNE COMR4NY "THE MEADOWS" SUBDIVISION OPEQUON DIST. FREDERICK COUNTY, VA. ' MAY 1970 "a 0 , H. BRUC,E EDENS, C.L.S. SHEET OF, 4 '.. `rg' Pi p n n L Pa LAND BOOK 333 rAl,, 62 to, Rw ^m!'"nD STRIP'- ey ,�rRf RACEY LAND FINAL PLAT FREDERICKTOWNE COMPANY THE MEADOWS" SUBDIVISION OPEQUON DIST. FREDERICK COUNTY, VA. MAY lql('i S II H. BRUCE EDENS , C.L.S. SHEET 3 OF 4 RITENOUR LAND 4-cv--t DRIVE go. W/D E ARK 33: F GG6 "THS MEADOWS" SUBDIVISION -, CURVE TART& �� ___ _.•-DELTA- CURVE No. DEG, MTc7. SM. RADrM -' TAHGFd."f CHORD CHORD SEARING 1 90 03 28. �. 20.00 20.02 31.44 28.30 N 38 28 06 x 2 89 56 _ I 3 68 12 32 - 20.00 05 20.00 19.98 31.43 28.27 I N 5131 54 E -- -- 3 -, 13.54 23.80 22.43 N 27 32 24 w ^ -55� -29.54 j 4 111 47 20.00 - - -r-- -- 39.03 33.3.2 s 6297 35 x I .:. ----- - �- 5 1 74 43 6 105 16 , - 7 105 16 . 35 - 20.00 �25 - 1 20.00 - 25 ---'`20.00 25 1 15.27 ' 26.08 21..27 { 9 80 59 45 x 26.19 36.75 ! 31.79 x 09 00 15 x 26.19 36.75 31.79 N 09 00 15 Y - 8 , 74 43 35;'. 20.00 15.27 I 26.o8 24.27 r s 80 59 45 w 9 74 43 10 105 16+ 11 68 12 '" 12 - - 68'-�12 35 4 20.00 25 f 20.00 05 170.00 05 T 230.00 15.27. If 26.06 } 24.27 s 80 59 45 w 26.19 1 36.75 j 31.79 1 N 09 00 15 w 115.10 202.36 119o.62 I 8 27 32 25 E 155.73 Z73.76 : 257.90 j s 27 32 25 E 13 86 34 ... 58 60 00` +56.52. 90.67 92.29 { N 0 20 29 S '1q 86 34 58 •' 120 00• 113.05 ' 181.34 164.57�N 0 20 29 S 15 ' I"`93 • 25. 02 �6o.00 63.69 97.83 87.35 F 89 39 31 x 16. 93 25 ._` 02 ' 12040 127.38 195.65 174.69 M 89 39 31 w CHORDS OF LOTS ON CURVI NO __-. -- _ CHORD CHORD BEARIIIC 70.88 i S 02 18 16 E _ s 20 08 B - - 9 - --- _30 7o.b9 g 37 Sri 38 8 _ 59.63'w_.0 S 54.1127_B 15.89� 39. 51 _-L-_- 17 -_N 09 45 59-� 63a. - .______.__ 18 -- 37.35 -- - --1-33 59-51"ST- -' 29.86 off 54 w 21 _ - 3 .24 N .72_31 30 W_ 22 2$ --- 63.24 8 7655 02 x 57.5-.. _ 9-5? 38, 0B.w --- -66 _ N Ss z9 26 x �0.25 3 P.4s 58.$ ' ,7S - 82.2Q- - N -�87.35 --^^ --- N 89 39 31 x ��pLTlf 0p� pY .� . �9. BAL'CE' LSSIS. •CrRTIJ ICd.E NO- 54 17-3(2;T15 ca 54.11-31W1',' May 20, 2005 MEMO TO: Mr. Charles DeHaven, Jr., Chairman, Mr. Roger L. Thomas, Vice - Chairman, Ms. June Wilmot, Mr. Cordell Watt, Mr. Greg Unger, Mr. Robert Morris, Mr. Page Manuel, Mr. John Light, Mr. George Kriz, Mr. Charles Triplett, Mr. Rick Ours Mrs. Pat Gochenour, Mrs. Marie Straub, Ms. Barbara VanOsten- Supervisor, Gary Dove -Supervisor, Mr. Lawrence Ambrogi, Commonwealth's Attorney, Eric Lawrence -Planning Director, Mark Cheran-Subdivision Administrator FROM: Dave Shore/ Anthony Cook RE: Subdivision Request- 1.7 acres, Stephens City (Meadowfield) The Planning Commission on 5/18/05 tabled our request for various waivers and recommendations to the Board of Supervisors for subdivision approval, asking for more information on the ownership of the subject property. We are providing that information below with supporting documentation. In an attempt to keep it concise, we are providing the information chronologically. It will show that Anthony Cook is not only the legal owner of record of the tract but also the adjoining property owners have no claim to any ownership or use of the property. Finally, that all actions we've done have been legal and fully within the regulations and guidelines of the Fred. Co. Planning Commission and Frederick Co. CHRONOLOGY OF THE 1.7 ACRE TRACT NOW CALLED "MEADOWFIELD" April, 1970- Sale of 31.545 acres of land Stickley- Fredericktowne Company Tract that will be subdivided into The Meadows S/D-Exhibit 1 May, 1970-Page 4 of the Deed of Dedication of The Meadows subdivision. Par. 14-Declares title to "park area' reserved to Fredericktowne Co. and IS NOT dedicated to public use. Exhibit A June, 1976- Letter from Fredericktowne Co. to all Meadows residents offering "Park" free to them for 60 days if Home Owner's Assoc. is formed. No action is taken by property owners. Exhibit B February, 1987- Deed for 72,393 s.f. "Park"' tract- Fredericktowne Co- Lewis Costello. Done in dissolution of Fredericktowne Co. —Exhibit 2 March, 1988- Memo from Bob Watkins, Planning Director to Ken Stiles, Chairman, Fred. Co. BoS. Notes ownership of tract by Fredericktowne Co.., tax records showing Lewis Costello as owner, notes that open space was not required by county for subdivisions then and from Mr. Watkins that he saw no problems with developing the space. Exhibit E January, 2000- Conveyance of 72,393 s.f. "Park" tract- Joy Costello/Lewis Costello Estate to Anthony Cook Exhibit 3 March, 2000- First unanimousVacation by BoS (ruled invalid by Judge Prosser due to insufficient notice) Exhibit April, 2003- Memo from Jim Doran, Director of Parks & Rec. to John Riley - Reports that Parks and Rec does not own the "park" and that it is not desirable for development as a park. Exhibit. 4 April, 2003- Copies of two Winchester Star advertisements ((4/9/03 & 4/16/03) for 2nd vacation public hearing. ( Residents at last Planning Commission meeting said no notice was given even though 15 of them did attend & speak). Exhibits 5-A & 5-B April, 2003- Memo from John Riley to Fred. Co. BoS Exhibit 6 April, 2003 Notice of Public Hearing on Vacation Resolution (2"d time) Exhibit 7 April, 2003- Second Vacation of Interest by Frederick Co. BoS. Newspaper, signage, letters to 300 ft. neighbors & public hearing requirements all done - unanimous vote to vacate tract Exhibit 8 556 E H1T:) I I 1 #56i+ ROBERT K. STICIZEY, E7CECUTOR & TR. TO: •• •e DEED F'REDERICKTOWNE COMPANY # HOK 362 rs.cE 556 THIS DEED made and dated this ISeA day of April, 1970, by and between Robert K. Stickley, Executor and Trustee under the Will of iblary Evelyn Stickley, deceased, party of the first part, and Fredericktowne Company, a Virginia Corporation, party of the second part. WITNESSETH: "Iliac for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt of all of which is hereby acknowledged, the party of the first part does hereby grant, bargain, sell and convey, with Special Warranty of title, unto the party of the second part, its assigns or successors in title, all of ilia[ certain tract of land, together with all rights, privileges and appurtenances thereunto belonging, lying and being situate in Opequon Magisterial District, Frederick County, about one-half mile Southeast of the Town of Stephens City, Virginia and near what was formerly known as the White Post Road, adjoining the lands formerly belonging to Ewing, .Dinges and others, containing 31.545 acres, more particularly described on the attached plat and survey of ii. Bruce Edens, C. L. S., dated February 5, 1970. In addition thereto, and in consideration of the additional sum of Ten Dollars ($10.00) and other good and valuable consideration, tite party of the first part does hereby grant, convey, and transfer, unto the said party of the second part all of his right, title and interest, of every sort and kind, both at law and in equity, in and to that property located adjacent to, and to the west of, the aforesaid 31.543 acre tract, said property being labeled as "Ewings Lane" on the attached plat and survey. The aforesaid is property which was devised to Robert K. Stickley, Executor and Trustee, with full power of sale under the Last Will and Testament of Mary Evelyn Stickley, deceased, dated November 9, 1939 and nu 332 PAGE 557 probated in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Will Book SS, Page 149, and is the same tract or parcel of land which was conveyed by B. A. Lemley, Katie S. Lemley, his wife, G. F. Lcmlcy and Mattie E. Lemley, his wife to P. B. Stickley and M. Evelyn Stickley, his wife, by deed dated November 6, 1909, recorded in the afore- said Clerk's Office in Deed Book 131, Page 115, and which interest of P. 13. Stickley was conveyed to Mary Evelyn Stickley by deed dated September 21, 1939, and recorded in the aforesaid Clerk's Office. in Deed Book 179, Page 201. Reference to the aforesaid Will, deeds, surveys, plats and references therein contained is made for a more accurate and complete description of the property herein conveyed, together with all covenants and conditions connected therewith. This conveyant is made subject to all duly recorded and enforceable easements, restrictions and rights of way. The party of the first part covenants that he has a right to convey said property; that the same is free from liens and encumbrances and that he will forever warrant and defend the tide thereto. WITNESS the following signature and seal this /S!/, day of April, 1970. Ryberc K. Stickley, ExecutorWd 'trustee under the Will o7(5411 Scickley, Deceased STATE OF VIRGINIA 0; 1.,-of W:,rwsli. To -wit: I, a Notary Public in and for the State and aforesaid, hereby certify that Robert K. Stickley, Executor an Trustee under the Will of Mary Evelyn Stickley, deceased, whose name is signed to the foregoing Deed bearing date the 1511, day of April, 1970, has this day personally appeared before me in my (' and State aforesaid and acknowledged the same. Given under my hand this /StA day of April, 1970. My Commission expires _n0„ G, / 9 7a- SEAL: • Notar 4 ublic 558 600K ?�� PAGE 558 I FAKE LOT i? DB 317 - P569 I GUARD L 1 LOT. ' o i OB 281- P512 a (Pr.. BOWMAN LAND j9, I DB 269- P 220 ' I IRON Wt B LANDACK I1� (FOUND) 23„ N3°35'22"E 103.50• POST P06T 31.545 ACRES NEFF j. LOT �qc~v 'STICKLEY ESTATE DBE-RG9 zpj'w D8 179 - P 201 (N �2 1 POST N °06' ITE 85.36' N19°I 2'OT:E_ � POST M. v RITENOUR LAND DB 259 •- P493 gPOST /lb hj SCALE 957• C- POST 0 200 400 RACEY LAND ) DB 186 P 188 % LEGEND +-w=ATES TELEPHONE POLES VIRG IA FREDERICK COUNTY, SCT=asadmitted This instrume m �jl _ _�._an acknowledgmen nnexeto reco5And tax Pa park 1..:_..._.._.__._...._.w.......�..__._._._. _�___.._..._. _.._._._r _._... .:w---..r7 II EXHIBIT A 363 PACE 661 12) Enforcement: The provisions herein contained shall run with and -bind the Ian an cac s enforceable by Fredericktowne Company, its assigns and successors in title and by any owner of any numbered lot. And the failure of any of them to enforce any covenants, conditions, reservations or restrictions contained herein shall not be deemed to be a waiver of the right to do so thereafter as to a default occurring prior or subsequent thereto. •Furthermore, the declaration of invalidity of any one or more of the ptovisions herein contained shall not affect the validity of the others. All of the covenants and restrictions herein shall be binding and remain in full force and effect until July 1, 1985, 'and shall be renewed thereafter automatically for additional supeessive Ten (10) year periods, unless the owners of a majority of the subdivided lots In this subdivision shall, at least Six' (6). months prior to any such renewal date, execute and record an agreement supercedingi altering or abrogating the covenants and rgstric- tions herein contained, and 'record such agreement among the land records in the aforesaid Clerk's Office'and giving public notice by publishing such proposed agreement superceding, altering or abrogating the covenants and restrictions herein or any one or more of them, at least Six (6) months' prior to the expiration of any such period in some newspaper having general circulation within Frederick County. 13) Animals:. No livestock and fowls, such' as cattle, horses, hogs, goats, s iccp, turkeys, ducks and chickens, shall be'kept or main- tained on any lot. 14) All land areas other than streets have title.reserved in Fredericktowne Company and are not, because of any deslgnation as park area or otherwise, dedicated thereby to ppblic use. 15) Fredericktowne Company reserves the right alone'to waive any one or all of the restrictive covenants, conditions, reservations and restrictions as to the sale or transfer of any future lot or lots except that it cannot reduce lot size nor change the development from residential to commercial except as shown on rho Plat at the date of record. This waiver shall not affect the binding effect of the covenant's conditions upon any other lots. Fredericktowne Company does further reserve the right alone to Impose additional restrictive covenants, conditions, reservations awl restrictions as to the sale and transfer• of any further lot or lots and such imposition shall not affect the- binding effect of these provisions upon any other lots. 16) The covenants and restrictions herein contained shall not Impose any restraint on any portion of land now owned or hereafter • acquired by Fredericktowne Company, its assigns or successors in title; or adjoining, adjacent to or otherwise related in any way to "THE MEADOWS" SUBDIVISION as shown on the attached Plat. FREDERICKTOWNE COMPANY By d r s ent EXHIBIT B .7= 12 1976 ,r� � nrr�r f1rre.r:r � "TM YiEA =Sf1 Dear Property Owners: As you are provably aware, when Fredericktowne Company recorded its plat of "ih6 Meadows" subdivision a parcel of land containing 72,393 square feet, more for less, was designated as a "park". This is bounded on the north side by lot 13 and on the south by lots 12-18, on the west by Meadow - brook Drive: and on the east by Ewings Lane. The park is subject to s 15 foot drainage easement which runs through the middle of the parcel. Now that Fredericktowne Company has, with a few exceptions, sold out of this project, we desire to turn these parcels over to others, Ne feel that it "i4d be appropriate if the property iscnmreyed to a property owners assobiation composed of persons owning property, in "The MeadowO. We are ready, willing and able to convey the title to said property, at no cost to you, to a property owners association which is truly repre- sentative of the property owners in the subdivision. This letter is being written to all property owners in "The Meadows" with the hope that it will lead to the formation of such an organization. Fredertcktowne Company will take no further steps to divest itself of this properly for a period of 60 days from the date of this letter. There- after, howeirer, in the event that a property owners association is not farmed, we will feel at liberty to offer the property to the Frederick County Parks and Recreation Department for its use as a park, as a capital -raising venture or for any other purpose it feels appropriate. This could include .the sale of the property by the Parks and Recreation Department and its use and sub- division as:: residential property. Fredericktowns Company will take no action to oppose such a resubdivision or resale of the property. It should be clearly understood that in the event that Fredericktowne Company doeis convey the property to a property nstvers association, Frederick- towne Company will no longer be responsible for the mAintance of that parcel or for real; p-roperty taxes on'it. Should! -you have any questions about the contents of this letter, plese feel free to contact the Fredericktowne office. Sincerely,. FREDERICRT ANY - President FQa EXHIBIT W J _ J J C:ifi�i�i}�.'ti+:k'Kl::�: v.SsC.u:+ai K• '�'-":."�dSwa�G3�ideif's"sitiu '�z '"�i�+:�C'h�cti6�:7.z35'b:G • �.�..sLsl....�...sr'�n„t.re..-;. .-.�a..r...y..,.,a�v;. 150-99999 IM/as :/2/87 **it***il**at,*ir e•k t***'k itt******* 0756 FREDERICKTOWNE COMPANY TO: DEED * ' LEWIS M. COSTELLO 8X638Pc5t13 THIS DEED made and dated this iay of ` �'✓�++�' 1987, by and between Fredericktowne CompaDj. a Virginia corporation, party of the first part, and Lewitt M. Costello, party of the second part. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable considera- tion, the receipt of all of which is hereby acknowledged, and pursuant to Section 337 of the Internal Revenue Code, the party of the first part does hereby grant and convey with general warranty of title, unto the party of the second part, his heirs. successors and ansigas, the following described property and appurtenances thereunto belonging: Parcel 1: All that certain tract or parcel of land, together with the Improvements thereon and the appurtenances thereunto belonging, lying and being situate In opsquon Magisterial District, Frederick County, Virginia, and being more particularly described as that certain lot strip located along the western boundary of Commercial Lot "A". Lots 1 through S. the pack land and Lots 13 through 17, "The Meadows" Subdivision, said lot strip being more particularly described -on the deed of dedication and declaration of plat dated May 11, 1970 and recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 363 at Page 658. and being a portion of the same property acquired by the party of the first pact by (a) deed from Harry L. Fake, at ux, dated April 10. 1970 and recorded in the aforesaid Clark's Office in Deed Book 362 at Page 553 and (b) deed from Robert K. Stickley. Executor and Trustee, dated April 15. 1970 aad'recorded in'tht aforesaid Cleck!s'Office•in Deed Book 362 at Page 556. Parcel 2: All that certain tract or paccal of land.'together with the improvements thereon and the'appurtenances thereunto belonging. -lying and being situate in Opequon Magisterial District. Frederick County. Virginia. containing 72.393 square feet, and being designated as "Park" on the deed of dedication and declaration of plat of "The Meadows" Subdivision, dated May 11. 1970 and recorded in the aforesaid Clock's Offics.in Deed Book 363 at Page 6S8, and being a portion of the same property «ny.t 1FK.�nne&�+MT a fry„�,•,.t«��.*y{24 s'i'�'f+�tty6t . aY'd• � k, ` o �1u fir' � j, z" �rY• 1 '� '. �Y'NM'x�i%q r � W.,-..u. 121U,fu> 114 >�•'�-}.+, !"Y >F } 1•. ` is ufeuLls�.oedwStz:�'w" i .?l, •t .+y...eE,ruadiV:�tr.i'r�'f�•2• ik 1�'"�s. r. �7�-�'•.Ni1+.1 `y=siwlW.a.;e:suV" m.,........,... .. _.......__..a... 544 :4• µpia ME 0'61%638FG544 acquired by the party of the first part by dead from Robert K. Stickloy. Executor and Trustee, dated April 15, 1970 and recorded in the aforesaid Clock's Office in Dead Book 362 at Page 556. Parcel 3: All that certain tract or parcel of land, together with the improvements theceou and the appurtenances thereunto belonging, lying and being situate in Opequon Magisterial District, Frederick County, Virginia, more particularly described as Lot 3, Section A. Valley Farms, on that certain plat made by Richard U. Goode, C.S., dated September, 1957 and recorded in the aforesaid Clerk's Office in Deed !look 250 at Page 131, and being a portion of the same property acquired by the party of the first part by deed from Robact K. woltx. at ux, dated March 8. 1972 and recorded in the aforesaid Clerk's Office in Deed Book 387 at Page 485. Parcel 4: Any and all other lots. tracts or parcels of land and any and all right, title, interest or privilege in and to any land owned by the party of the first " pact located in Frederick County. Virginia, Including. but not limited to, any and all rights of the party of the ficat pact to amend certain of the covenants and conditions specified in the deed of +.dedication of "The Meadows" Subdivision, dated May 11. 1970 and recorded in the ;;.,•'..'• aforesaid Clerk's Office in Deed Book 363 at Page 65a, and in the various deeds or dedication for Sections I and III. rredericktowne Subdivision. said rights having been reserved in said deeds of .dedication. ':�: i'' !''',•' @eterence is here made to the aforesaid instruments aetd tbe.attaehmentg and the references therein contained for a tutthet:°and orate particular description of the property hereby This conveyance is;maQe sub)ectto all duly recorded -and'enforceable restrictions, easements and tights at way. The party of the ficst•part covenants that it has a tight to'convey said property to the party of the second part; that it bag done no act to encumber said property; that It will execute such further assurances of title to said property as -2- o :c 89630PG545 may be requisite; that it is seised in fee simple of the property conveyed; and that the party of the second pa.t ahall have quiet possession of said property tree from all encumbrances. The party of the first part covenants that all nocea- sary and proper corporate action has been taken to authorize this sale and the execution. acknowledgement and delivery of this deed. WITNESS the following signature and Beal: FBEOERICK OWNE COMP BY < l�-----{SEAL. TIt STATE OF VI6 iNIA R e4j"l OF ,,� �7�a.. TO -Wit. - The foregoing instrument was acknowledged before me by noel M. Borden. who is President of Fredecicktowne Company. a Virginia corporation. -on behalf of said corporation. Given under my hand this ,�! day of 1987. My commission expires , .j / 1,P7 Iwsrea HlLD' ocurnY. sat. C+++ /� � p_.y �7 1FY M�trrawd di wr podYnO a Ar'en Of rdit W F"M Noon &.W." we. �'• • —'— Jit .!:'t, � ?fin&.'(IYa :,�. •i- •.•r ,. :i.M��� .!Y+'....Moot.. FROM COUNTY OF FREDERICV 1-540-667-0370 1998,09-11 08:13 #048 P.03/12 %- J, I; 'L �x rREIJZRICK departments of Planning and Building 703/665-5650 EXHIBIT E 9 MEMORANDUM To: Kenneth Y. Stiles, Chairman, Frederick County Board of Sunervisors' From: Robett Watkins, Director % I'Vot Date: Mrc* 23, 19e$ V� Subject: Siiatus of [open Space in the Meadows We have looked into this and have found the deed of dedication, along with various correspondence en the open space. Norse give a definite de4cription of the current status of the open space. The arigina.i deed of dedication reserves title for the park to Fredericktowne Company. Correspondence in 1976 described the intention o:' tha Fredericktowne Company to give title to a property owners association or to the Parks and Recreation Department. Ownership was not transferred to the County, but we do not know!if it was transferred to a property owners associations Tax records list Mr. Costello as the owner. The open space was probably not required by the County. From the standpoint pis' County regulations, there is probably no problem with daveiQVJ-'.g the open space. Where is a drainage easement through the'lat. Please find attached the various materials described. Please let me know if we can he of further assistance. 0 i ••nee.-* �n..na `f7 !S 'Yi .... CAi Ys r-_ _t' Ve_ 7'7LA1 /ZJ/UZ lhU UZ:34 IAA UOZU c t 6-x/+/CBI ( 3 OR957PG0001 3� THIS DF,ED OF GIFT„ made and dated this day of 2000, by and between Joy H. COSTELLO, individually, and Joy H. COSTELLO AND Lewis Michael COSTCo-Executors and Co -Trustees of the Estate of Lewis Meyer Costello, hereinafter referred to as Grantors: -and Anthony L. CQOK, hereinafter referred to as Grantee. WITNF.SSETH: That for and in consideration of the sum of One Dollar ($1.00), cash in hand paid. and other good and valuable consideration, the DuRciency and receipt of which is hereby acknowledged, the Grantor, Joy H. Costello, individually, does hereby grant and convey, with General Warranty and English Covenants of Title, and the Grantors, Joy H. Costello and Lewis Michael Costello, Co -Executors and Co -Trustees of the Estate of Lewis Meyer Costello, do hereby grant and convey with Special Warranty of Title, unto the said ANTHONY L. COOK. in fee simple, the following described property located in the County of Frederick. Virginia (the "Property'): All of that certain tract or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, hying and being situate in Opequon Magisterial District, Frederick County. Virginia, containing 72,393 square fleet; and being designated as "Park* on the deed of dedication and declaration of plat of 'The Meadowe Subdivision, dated May 11, 1970 and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 363 at Page 658: AND BEING a portion of the same property acquired by Lewin M. Costello by deed from Fredericktowne Company, a Virginia corporation, dated February 4.1987. and of record in the aforesaid Clerk's Office in Deed Book 638 at Page 543. The said Lewis Meyer Costello is now deceased and his last will and testament is of record in the aforesaid Clerks Office in Will Book 103 at Page 1804. THU UX:34 r'AX UdZU 89957PG0002 Reference is here made to the aforesaid instruments and the attachments and the references therein contained for a further and more particular description of the property hereby conveyed. This conveyance is made subject to easements. conditions and restrictions of record insofar as they may lawfully effect the Property. WITNESS the following signatures and seals: _(SEAL) . COSTELLO, Individually � � (S . COSTELLO. Co -Executor and Co -Trustee of the Estate of Lewis Meyer Costello WIA' (SEAIa um COSTELLO. Co -Executor and Co -Trustee of the Estate of Lewis Meyer Costello UP TE OF VIB I AT GE , O The foregoing inetrussent was acknowledged before we by JOY IL COSMMLO. Individually, and JOY K COSMAD and LMS MICIUM .'Co- and Co-Wusteee of the Estate of Lewis Meyer Costello. this of " �u 2000. � ........ ;,i �.' . My COmmisMR expires r .'• �, •� 1= •yr +i NOTAitYPUBLiC �� %�=..:s.•.;�' Deed prepared by: Thomaa M. Dickinson, Jr., Esquire MOMAS M. DICKINSON, JL. P.C. WW2 South Kent Street Winchester, Virginia 22601 VnW1M/k mEDwucr apUMy. SL•I; (540) 667.2095' Thb Isslnune,at of •rods`was ptcdnoed totoe vW v*b oonl0mic oI odmowledie now Memo abtleacd was admitted Io m" Tar Imposed by sm su1 w2 of S...Ls - . sad J&1.801 bzw beat paid, gas nW& / . Chrk FN' 7/T C OK96 f PGO 199 V F R �11� VACATION 0 INTEREST WHEREAS, this agreement to vacate the interest of the locality between the COUNTY OF FREDERICK, hereinafter "County", and Anthony L. COOK, hereinafter referred to as "Property Owner": WHEREAS, the Property Owner is the owner in fee simple of the following described property located in the County of Frederick, Virginia (hereinafter "the Property"): All of that certain tract or parcel of land, together with the improvements thereon and appurtenances there unto belonging, lying and being situate in Opequon Magisterial District, Frederick County, Virginia, containing 72,393 square feet, and being designated as "Park" on the Deed of Dedication and Declaration of Flat of "The Meadows" subdivision, dated May 11, 1970, and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 363, at Page 658; and being the same property acquired by Anthony L. Cook by Deed of Gift from Joy H. Costello and Lewis Michael Costello, of record in the aforesaid Clerk's Office in Deed Book Z15-1Z., at Page ce. WHEREAS, the Deed of Dedication and Declaration of Plat for "The Meadows" subdivision, of record in the aforesaid Clerk's Office in Deed Book 363, at Page 658, reserves title to the property to the developer, Fredericktowne Company, a predecessor in interest to Anthony L Cook; and WHEREAS, the property owners of "The Meadows" have not formed any property owners' association, and are not required to do so; and WHEREAS, more than twenty years have passed since approval of the Deed of Dedication and Plat; and WHEREAS, the Parks and Recreation Department and other County entities have not received any interest in the property, nor requested such interest; and WHEREAS, the property is not part of any "open space" requirement by the County, and it would be no violation of any County ordinance or regulation to develop the property; and WHEREAS, the Board of Supervisors, at their regular meeting on March 22, 2000 concurred with the vacation of interest; pis BK96 I FG0200 THEREFORE, pursuant to Title 15.2 of the Code of Virginia (1950), as amended, the County hereby vacates any interest it may have on the plat of "The Meadows" in the property herein before described, and vacates the designation of the property as "Park", Such that the property shall be treated in the same manner as other lots in "The Meadows" subdivision, subject to all restrictions and casements of record. wiTNESS the following signatures and seals: Anthony L. CtYok COUNTY OF FR-EDERICK By Z�R. ey, Jr. Its County Admin. and Authorized Agent Commonwealth of Virginia City/County of 'Av-,4r-r;rA-< I to wit: Taken, subscribed and sworn before me, a Notary Public for the state and jurisdiction aforesaid, by Anthony L. Cook, this;pL��(Jday of 2000. Wotary Public -7 ,My Commission Expires: A kAi (SEAL). E g 40 Commonwealth of Virginia ............. City/County of ry, to wit: Taken, subscribed and sworn before me, a Notary Public for the state and jurisdiction aforesaid, b i, authorized agent for County of Frederick, this �Lt-�klay of 2000 --i -- 1eJVC.,)(-U -- I N D WLary Public ...... My Commission Expires:, i\k-\ k4 ;�J., Joo /I I U VIRGINIA. FREDERICK COUNTY. SCr, This instrument of wrifing was produced to me on and -1111 cgrdficafe- of acknowicdScment therein Ant—Xd was adraitted 10 FCCUtd. Tax Impowd by ScQ 58.I-W2Qer d 5&1-801 have been paid. if 2%scssable. Clcrk J (SEAL) t7tf or .......... .. ExHlBrT q COUNTY of FREDERICK Parks and Recreation Department James M. Doran, Director 540-665-5678 FAX: 540-665-9687 www.eo.frederick.va.us e-mail: fcprd@co.frederick.va.us MEMORANDUM TO: John R. Riley, Jr., County Administrator FROM: James M. Doran, Director, Parks & Recreation SUBJECT: The Meadows Subdivision DATE: April 18, 2003 Please be advised that the 72,393 square foot lot in The Meadows Subdivision, identified as parkland in the Deed of Dedication and. Declaration of Plat dated May 11, 1970, has not been transferred to the county and no interest has been expressed, to this department, by the residents of The Meadows subdivision for its development as parkland. Furthermore, because this parcel is a drainage area with a drainage easement bisecting the property, it is not desirable for development as a park. JMD/sm 107 North Kent Street Winchester, VA 22601 F_x+t IB i T 9--A :S " r NOTICE OF PUBLIC HEARING The Frederick County Board of Supervisors will hold a Public Hearing on Wednes- day, April.23, 2003, in the Board of Supervisors' Meeting Room, County Administration Building, 107 North Kent Street, Winchester, Virginia, to Consider the Following: The Following Public Hearing Item Will Be Heard at 6:00 P.M. Portion of the Meeting: Resolution to Vacate a Plat and Convey All Rights as to "Park" - The Mead- ows Subdivision - Resolution to Vacate a Plat and a Designation Thereon as "Park", Previously Dedicated to the County on the Deed of Dedication and Decla- ration of Plat of The Meadows Subdivision Dated,May 11, 1970 in the Opequon Magisterial District, Frederick County, Virginia, Containing 72,393 Square Feet. Said "Park" is Further Identified on Said Deed of Dedication and Declaration of Plat which is'Found and Recorded in the Land .Records of Frederick County.in Deed Book 363 at Page 658. All Persons Affected by the Above May Appear and be.Heard at this Hearing. A Copy of the Resolution is Available and May be Examined in the Office of the County Administrator, Between the Hours of 8:00 A.M. and 5:00 P.M. Inquiries concerning the above may be addressed to the Office of the County Administrator, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday, 107 North Kent Street, Winchester, Virginia 22601, (540) 665-5666. The Following Public Hearing Item Will Be Heard at 7:15 P.M. Portion of the Meeting: Conditional Use Permit #05-03 of Martin L. Monk for a Cottage Occupation for Sales of Outdoor Furnace Units. The Property is Located 1599 Hites Road and is Identified withProperty Identification Number 84-A-74 in the Back Creek Magister- let District. Rezoning #05-03 of Custer Estates. Submitted by Greenway Engineering, to Rezone 281.5 Acres from RA (Rural Areas) to RP (Residential Performance). The Properties are Located Approximately' One Mile East of Interstate 81 on the South Side of Millwood Pike (Route 50 East), Across from Sulphur Springs Road (Rt. 655) and the Ravens Development, and are Identified with Property Identification Numbers 64-A-82; 64-A-8.3; 64-A-83A; 64-A-86; 64-A-87; 64-A-87A in the Shawnee Magisterial District. Request of Kent Barley Orchards. Inc. to Remove One Parcel Totaling 149.06 Acres From the South Frederick Agricultural and Forestal District. The Parcel is Identified as Property Identification Number 74-A-13, Located Along Marlboro Road,(Route 631), in the Back Creek Magisterial District. Proposed Amendment to the Frederick County Code, Chapter 165, Zoning Ordinance, Article Vill,.R5 Residential Recreational Community District; Section 165-77 B (2)(d), Existing Lots, Which Addresses the Ability to Reduce Yard Set- backs in the R5 District. Proposed Amendment to the Frederick County Code, Chapter 165, Zoning. Ordinance, Article X, Business and Industrial Zoning Districts; Section 165=82, District Use Regulations; to Add SIC 83-Social Services, Excluding SIC 836, Resi- dential Care, to the List of Allowed Uses for the B2 (Business General) Zoning District. Proposed Amendment to the Frederick County Code, Chapter 165, Zoning Ordinance, Article IV, Supplementary Use Regulations; Section 165-27.E (11), Parking Lots, Landscaping; Section 165131, Protection of Environmental Features; Section 165736, Landscaping; and Article XXiI, Section 165-156, Definitions. Inquiries concerning the above may be addressed to the Office of Planning and Development, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday, 107 North Kent Street, Winchester, Virginia 22601, (540)665-5651. Interested citizens may appear before the board to speak on the above items. (A copy of the agenda will be available for review at the Handley Regional Library, Braddock and Piccadilly Streets, Winchester, Virginia, April 21, 2603. John R. Riley; Jr., County Administrator THE WINCHESTER STAR ednesda , A 61 16, 2003 JISI T s-B a NOTICE OF PUBLIC HEARING The Frederick County Board of Supervisors will hold a Public Hearing on Wednes- day, April 23, 2003, in the Board of Supervisors' Meeting Room, County Administration Building, 107 North Kent Street, Winchester, Virginia, to Consider the Following: The Following Public Hearing Item Will Be Heard at 6:00 P.M. Portion of the Meeting: Resolution to Vacate a Plat and Convey All Rights as to "Park" - The Mead- ows Subdivision - Resolution to Vacate a Plat and a Designation Thereon as "Park", Previously Dedicated to the County on the Deed of Dedication and Decla- ration of Plat of The Meadows Subdivision Dated May 11, 1970 in the Opequon Magisterial District, Frederick County, Virginia, Containing 72,393 Square Feet. Said "Park" is Further Identified on Said Deed of Dedication and Declaration of Plat which is Found and Recorded in the Land Records of Frederick County in Deed Book 363 at Page 658. All Persons Affected by the Above May Appear and be Heard at this Hearing. A Copy of the Resolution is Available and May be Examined in the Office of the County Administrator, Between the Hours of 8:00 A.M. and 5:00 P.M. Inquiries concerning the above may be addressed to the Office of the County Administrator, between the hours of 8:00 A.M. and 5:00 P.M., Mcnday through Friday, 107 North Kent Street, Winchester, Virginia 22601, (540) 665-5666. The Following Public Hearing Item Will Be Heard at 7:15 P.M. Portion of the Meeting: Conditional Use Permit #05-03 of Martin L. Monk for a Cottage Occupation for Sales of Outdoor Furnace Units. The Property is Located 1599 Hites Road and is Identified with Property Identification Number 84-A-74 in the Back Creek Magister- ial District. Rezoning #05-03 of Custer Estates, Submitted by Greenway Engineering, to Rezone 281.5 Acres from RA (Rural Areas) to RP (Residential Performance). The Properties are Located Approximately One Mile East of Interstate 81 on the South Side of Millwood .Pike (Route 50 East), Across from Sulphur Springs Road (Rt. 655) and the Ravens Development,.and are Identified with Property Identification Numbers 64-A-82; 64-A=83; 64-A-83A; 64-A-86; 64-A-87; 64-A-87A in the Shawnee Magisterial District. Request of Kent Barley Orchards, Inc. to Remove One Parcel Totaling 149.06 Acres From the South Frederick Agricultural and Forestal District. The Parcel is Identified as Property Identification Number 74-A-13, Located Along Marlboro Road (Route 631), in the Back Creek Magisterial District. Proposed Amendment to the Frederick, County Code, Chapter 165, Zoning Ordinance, Article Vill, R5 Residential Recreational Community District; Section 165-77 8 (2)(d), Existing Lots, Which Addresses the Ability to Reduce Yard Set- backs in the.R5 District. Proposed Amendment to the Frederick County Code, Chapter 165, Zoning Ordinance, Article X, Business and Industrial Zoning Districts; Section 165-82, District Use Regulations; to Add SIC 83-Social Services, Excluding SIC 836, Resi- dential Care, to the List of Allowed Uses for the B2 (Business General) Zoning District. Proposed Amendment to the Frederick County Code, Chapter 165, Zoning Ordinance, Article IV, Supplementary Use Regulations; Section 165-27.E (11), Parking Lots, Landscaping; Section 165-31, Protection of Environmental Features; Section 165-36, Landscaping; and Article XXII, Section 165-156, Definitions. Inquiries concerning the above may be addressed to the Office of Planning and Development, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday, 107 North Kent Street, Winchester, Virginia 22601, (540)665-5651. Interested citizens may appear before the board to speak on the above items. (A copy of the agenda will be available for review at the Handley Regional Library, Braddock and Piccadilly Streets, Winchester, Virginia, April 21, 2003. John R. Riley, Jr., County Administrator THE WINCHESTER STAR W dnesda ,Aril 9 2003 ExtfrS1T f) TO: FROM: DATE: RE: MEMORANDUM Board of Supervisors John R. Riley, Jr., County Administrator April 9, 2003 Y_ COUNTY of FREDERICK John R. Riley, Jr. County Administrator 540/665-5666 Fax 540/667-0370 E-mail: jriley @co.frederick.va.us Resolution to Vacate a Plat and Convey all Rights as to "Park" - The Meadows Subdivision Please be advised that the attached plat vacation is back before this body due to a recent ruling by the Frederick County Circuit Court that the aforementioned action was not done properly. In the previous action, the board of supervisors vacated its interest in said plat since the county did not own the parcel in question. The land was owned by Fredericktowne Company and subsequently the Costello Estate. The land had never been developed as a park by the Frederick County Parks and Recreation Department nor had the parks department ever expressed any intent or interest in developing same. Please call if you have any questions. JRR/tjp Attachments C:\TJP\miscmemos\CountyAdr6nistrator\BdofSupMeadowsSubPark042303BdMtg. wpd 107 North Kent Street • Winchester, Virginia 22601-5000 6-x A t br -r- ', COUNTY of FREDERICK John R. Riley, Jr. County Administrator 540/665-5666 Fax 540/667-0370 E-mail: jriley @co.frederick.va.us NOTICE OF PUBLIC HEARING The Frederick County Board of Supervisors will hold a Public Hearing on Wednesday, April 23, 2003, in the Board of Supervisors' Meeting Room, County Administration Building, 107 North Kent Street, Winchester, Virginia, to Consider the Following: The Following Public Hearing Item Will Be Heard at 6:00 P.M. Portion of the Meeting: Resolution to Vacate a Plat and Convey All Rights as to "Park" - The Meadows Subdivision - Resolution to Vacate a Plat and a Designation Thereon as "Park", Previously Dedicated to the County on the Deed of Dedication and Declaration of Plat of The Meadows Subdivision Dated May 11, 1970 in the Opequon Magisterial District, Frederick County, Virginia, Containing 72,393 Square Feet. Said "Park" is Further Identified on Said Deed of Dedication and Declaration of Plat which is.Found and Recorded in the Land Records of Frederick County in Deed Book 363 at Page 658. All Persons Affected by the Above May Appear and be Heard at this Hearing. A Copy of the Resolution is Available and May be Examined in the Office of the County Administrator, Between the Hours of 8:00 A.M. and 5:00 P.M. Inquiries concerning the above may be addressed to the Office of the County Administrator, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday, 107 North Kent Street, Winchester, Virginia 22601, (540)665-5666. The Following Public Hearing Items Will Be Heard at 7:15 P.M. Portion of the Meeting: Conditional Use Permit #05-03 of Martin L. Monk for a Cottage Occupation for Sales of Outdoor Furnace Units. The Property is Located at 1599 Hites Road and is Identified with Property Identification Number 84-A-74 in the Back Creek Magisterial District. Rezoning #05-03 of Custer Estates, Submitted by Greenway Engineering, to Rezone 281.5 Acres from RA (Rural Areas) to RP (Residential Performance). The Properties are Located Approximately 107 North Kent Street - Winchester, Virginia 22601-5000 Notice of Public Hearing Board of Supervisors Meeting of April 23, 2003 Page 2 One Mile East of Interstate 81 on the South Side of Millwood Pike (Route 50 East), Across from Sulphur Springs Road (Rt. 655) and the Ravens Development, and are Identified with Property Identification Numbers 64-A-82; 64-A-83; 64-A-83A; 64-A-86; 64-A-87; 64-A-87Ainthe Shawnee Magisterial District. Request of Kent Barley Orchards, Inc. to Remove One Parcel Totaling 149.06 Acres From the South Frederick Agricultural and Forestal District. The Parcel is Identified as Property Identification Number 74-A-13, Located Along Marlboro Road (Route 631), in the Back Creek Magisterial District. Proposed Amendment to the Frederick County Code, Chapter 165, Zoning Ordinance, Article VIII, R5 Residential Recreational Community District; Section 165-77 B (2)(d), Existing Lots, Which Addresses the Ability to Reduce Yard Setbacks in the R5 District. Proposed Amendment to the Frederick County Code, Chapter 165, Zoning_ Ordinance, Article X, Business and Industrial Zoning Districts; Section 165-82, District Use Regulations; to Add SIC 83 - Social Services, Excluding SIC 836, Residential Care, to the List of Allowed Uses for the B2 (Business, General) Zoning District. Proposed Amendment to the Frederick County Code, Chapter 165, Zoning Ordinance, Article IV, Supplementary Use Regulations; Section 165-27.E (11), Parking Lots, Landscaping; Section 165-31, Protection of Environmental Features; Section 165-36, Landscaping; and Article XXII, Section 165-156, Definitions. Inquiries concerning the above may be addressed to the Office ofPlanning and Development, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday, 107 North Kent Street, Winchester, Virginia 22601, (540)665-5651. Interested citizens may appear before the board to speak on the above items. (A copy of the agenda will be available for review at the Handley Regional Library, Braddock and Piccadilly Streets, Winchester, Virginia, the week of April 21, 2003.) Notice of Public Hearing Board of Supervisors Meeting of April 23, 2003 Page 3 ADVERTISE: CATJP\ads\PubHgAd042303.wpd John R. Riley, Jr. County Administrator Wednesday, April 9, 2003 Wednesday, April 16, 2003 A30011092 ExA. -F- 8 CO- . BOARD,'S�� Richard C. Shickle hereby certify on this 23rddayofApril ?003,that the following Resolution is a true and exact copy of one and the same unanimously adopted by the Board of Supervisors ofthe County of Frederick, Virginia ("Board'), assernbled in regularsession on the 23rd•day of April 2003. A RESOLUTION TO VACATE A PLAT AND CONVEY ALL RIGHTS AS TO "PARK" ON THE DEED OF DEDICATION AND DECLARATTONPF PLAT OF "THE MEADOWS" SUBDMSION DATED MAY 11, 1970, BEING ME SAME PROPERTY PREVIOUSLY DEDICATED TO FREDERICK COUNT. SAID DEED OF DEDICATION AND PLAT CAN BE FOUND AND -IS RECOtWED IN THE LAND RECORDS OF FREDERICK COUNTY AT DEED BOOS{ 363 PAGE 658. WHEREAS, the County of Frederick ("County") is empowered to vacate the Plat and the dedication in the County pursuant to, and in, conformance with provisions of the Code of Virginia, 1950, Section 15.2-2270, etseq, as amended; and WHEREAS, the County intends to vacate the Plat and convey all rights as to all that certain tract or parcel of land, together with the improvements thereon anO appurtenances there unto belonging, lying and being situate in Opequon Magisterial District, Frederick County, Virguua, containing 72,393 square feet, and being designated as "Park" on tie Deed of Dedication and Declaration of Plat of "The Meadows" subdivision, dated May 11, 1970, being the same property previously dedicated to Frederick County by Fredericktowne Company. Said Deed of Dedication can be found and is recorded in the Land Records of Frederick Countyat Deed Book 363 Page 658 Page 1 of 3 CD u; —_j rn which intention was advertised according to law, and the land proprietors affected by said action were notified; and WHEREAS, the Board at its meeting on March 22, 2000 did previously determine that it was appropriate to vacate said designation as a park and in fact, did so through its Vacation of Interest, a copy of which is attached hereto and incorporated herein as "Exhibit I". Pursuant to a subsequent Order of the Circuit Court of Frederick County, a copy of which is attached hereto and incorporated herein as "Exhibit 2", said vacation was without effect, and as it did not vacate the Plat, it is necessary that the Board of Supervisors revacate the County's interest in the Park and vacate the Plat; and NOW, THEREFORE, BE IT RESOLVED, that the Plat and all that certain tract or parcel of land, together with the improvements thereon and appurtenances there unto belonging, lying and being situate in Opequon Magisterial District, Frederick County, Virginia, containing 72,393 square feet, and being designated as "Park" on the Deed of Dedication and Declaration of Plat of "The Meadows" subdivision and the Plat appended thereto, dated May 11, 1970 be and are hereby vacated. Being the same property previously dedicated to Frederick County, said Deed of Dedication can be found and is recorded in the Land Records of Frederick County at Deed Book 363 Page 658 be and hereby is vacated to Anthony L. Cook, as successor in interest to Fredericktowne Company. BE IT FURTHER RESOLVED, that the County Administrator is hereby directed to place a certified copy of this Resolution of record with the deed records in the Clerk's Office of the Circuit Court for the County of Frederick; and BE IT FURTHER RESOLVED, that the County Administrator is hereby authorized and directed to execute all documents necessary to carry out the purposes of this resolution, as prescribed by the Code of Virginia, 1950, as amended, including, but not limited to, writing an amendment to Page 2 of 3 -O Cr7 the Frederick County Ordinance providing for conveyance of the aforesaid parcel to Anthony L. Cook. ADOPTED by the Board of Supervisors of the County of Frederick on the 13rA day of April , 2003 by the following recorded vote: Richard C. Shickle -A�- Robert M. Sager Aye W. Harrington Smith, Jr. Aye Margaret B. Douglas Aye Lynda J. Tyler Aye Sidney A. Reyes ATp Gina A. Forrester Aye Resolution No.: 053-03 Witness my hand and the seal of the County of Frederick, Virginia. Richard C. Shickle Chairman, Board of Supervisors County of Frederick, Virginia COMMONWEALTH OF VIRGINIA COUNTY OF FREDERICK, To WIT: I, j r b . y_�, , a Notary Public in and for the Commonwealth of Virginia, do hereby ceAZy that ;, .},t,.ca C. l Ghu i r rnc,.,-. of the Board of Supervisors, whose name is signed to the foregoing resolution bearing date on the �)j t'-L day of�,�Y : l , 2003 has personally appeared before me and acknowledged same in my State and juNsdiction. GIVEN UNDER MY HAND THIS , day of 2003. My commission expires `,lttltt{INII/NM C r "tJI A Notary Publi _ vx^ a\rrrnd oo\Mo2.2003veWdoW,smv.wePw,doo423asRage 3 of 3 �. VIRGINIA. FREDERICK COUNTY, SCT. r This instrument of writing was produced to me on 11 and with certificate of acknowledgement thereto anncxe,j was admitted to record. Tax imposed by Sec. 38.1.802 of $ 11/ L. , and 58.1-801 have been paid, if assessable 4e.c 44 t Clerk LLIJLIY✓ s 4JH arVIYJI/TVtJ IZVIY IVVILJ v I aaLlvLrvvL rvO va_sr — 0 EXfSTfNG EF NRfS I. Th n of M war SknNrth Speclnmtbn ble ar www./aa-wafw.rom vl. All wed MMh pmjM SMII Len/ romea Mronz mob ro Me Vbpmk _ Y / C n fX/SnNG EDGE OF PAVEMENT _-_ES EP 1. TM and sMW rpprt/ono/qez Wrrs ere va/p /pr srs sore MrebF6A epgwN, 3. WeMarNsewer Mee arrro beLonsfvethin�«°reame wHn Mese paru ell tMHmeeraHAum°rnymgNernenM hms/Iatefbn( JFoae acre Bndpe Spec fit Non 5 vxpme Emsron md5edmenfCwbvl Repuladens,eM ary°Mer appRcaDhsb<e./ederal, wkrcal regulaNms applkabk. In mseWa dsnepancyw RTI)l q ___ EX EG fXISTMG EDGE OFGRAVfL __ __ <. TM ronhactw shell coorelnare with, arM arm y rge kr Inspec[iw b , Me aumodry. RIL[UerwrM Me StenderN er SpeNRcallons sne FeyW[len; Me moN SMngenr snanyvrem. A; V EXISnMG [lMBAND S. Wben ex sfiny water marnls[appee /or the MsfslleNon oM new line: an a) IM1eauMw/ry sbM bxMsh en b00raM restarts[ v3. All ronsMrcibn ahancOmply will Me blestU.S. DePortmenfo/LeOpr, OttpPorbnel Sakryb HeaHn Aemrnisnenpn(OSNaJ, ane Wrolnb wcupafiow/Sehry B MeettM1 (vO5H1 kzn Reyulaflens. \F GUTTER Ex CC-6 EX. INTERMEOfATf CONTOUR IS DI Me developxKIceneacrw revel: eke apdKafmn ene Poy depeNt. star worNNq .1 Nphba/-way, Nl MaTrc rA,*A wbetbwpemrarrmfw fmparery snaXbeM ettbrdana wtth Me torrent MntwrWVDOTs Wad Area vretat/m Manual. NHM1ermore, eN rmrnr control �� Att• INDEX CONTOUR 30 I. mark Me np bcafbn. 6. Tne ronfm«er tMll rle-ln a new sewer Ilna ro m e+lanng manM1ok by core tlellMp foe manMle. n# emre In aapreantt wnh Section 104.04(c) °/Me VDOT Road a Bridge SpMficafmna.EXISnNG Y ,V r � .$ITE 50.0" -EvaIN bcNlons Wwatw acre sewer servkes mrmw Mes arerobe Lrordwtrd won qe AUN 11 lnspnYw.TM1e ABzr la Me k nave rM bar Ins earled These does HMemniry qe eeveleper /rein this eYebpers/ron rY nrpensibilfry mrkr atsemblr c y. BerwePermmenrmefwrs lK,n,d: ro owsree nnrfrvRi°n atMW VOOT approval of plans not aNenity. r=z— EXI _SANzrAF1__ -s _s -s- a) ThemeIn / me and aver, must Pr HY engmd wirM1 tM cbppersetter. salary W naTrc meY be zue/eLt ro -IF V E £ E cJGAS PROJECT INFORMATION UNE G,�-V6. Morromlf/eflonblwadfheconhaLtorsnal/bertspOnsiblebrecquinryellnerrasaryVDOTlaneuse am S -X X c)The AUMenrY sbell/umNn and Mskll%•, %', andl•wemr semces. alley Pike 1045�VaN EXISnr/G Dr/CH UNE d) Fw elll 'h"ebe l- water servlas, Me A -II,, Mall make tM rap and DNng Me pldng ro the prepertr lure. Tne Lennactor sna/I NmNb ane IrrsreN Me reeler vavn suemblY. TM AUMonry will en VOOTpdor ro rnNlafim of wed. VB. ]Ill ronharror Man the Hxal VOOT Residenry O?a when nork n ro begM pr cease /or Sfepbem CXT, VA ZI65S WlnMeafer, VA M. Mbne - (5<OJ 66S-I19] EXISTING ATEAUN£W/TEF �-IF jt� rnsfaN Mb.., . mW el Thr AWnomr Mn huller<rminM T1 /wprn Wane. vOOT/ryulrtz<B lrovm advarae rwfke prarrosnY requNee wrepuesTed MxPecfbn. Pert D�afa BWldine SefDacks Code �l� EXISTING FIRE HYOMNT b& £X. FH f0. Any weMsrrvKe line mull Mm a MMflow Assem6/Y (Koala check valve w All, as repuxedJ. Tne eaaemblY The cbnfmLror snan be mswns/ble fw mains/nwy adeaua[e access ro me pmJM /rom Me adJarent public roadway via a ronshunlon entmna Me! Iz anshixted and mslnkinee /n attogana MM seMw J.01 W fne EXfSmNG WATER VALVE w -moo--� w -� EYISTf/IG RfdKE �w�I� must mee [ASSE 5[aMere No. 10tf br 1013. AN Me kmssMn Mnafire servke meter esumbry reds betlrMwpmvm(bn essemery (defector rbuDle Itcyrerk vNveweRPZ az repWmd). lne sssmWrysMllmeef ASSE ffaMard Me. tO<Bw IO<]. FaWo read Vlrginra fmNon B Seelmenf Conrml HaMbeek. nemrort, access ro eMer prvpertkr a/hRee Dr Mla p 1eR MapMmemremed MmuDM1 rwrsbixben. The DevelopersMN Mn, MIMn qe xmnsWMep,mempbYn nrNTreda Me Vbpmia 0ep,rtrnentWConxrwfrm aMRmesfbn(roU1Mfr°sion aM.SMnnenr Cenuel woo ns act erosion acre s/natbn ronfrel Nwas and measures w a roMMuow burr Iw Mstalbnon all Tax Map Numeer 85B (IJ IIa Frvnf: Addeo Meadvwbrook ONve Left Sbe: Am I.TI],Lrez F/gn[Siee: t0' Zw/n9 AP Feer: 3f' ENlSnNG TREE OFIP UNE .....tip+�" mmefu are rrOulW. pmpw opemD'on. Delklmciez sballbeprompNy rtMmed. Legal Fekmnas DJ001I09i fxutlnq Use Vecen[ nal Repiremenrs Code PFOPOSEDrz nines GENERAL NOTES VID. Cmrmttw shall msurn adepuafe emmege is aMleved anemalnra/we on the Nre loony antl at fM anew eenegwubn. PmposM use S1=0 bm/ry deradree nrmum tot Slze �r ammbn bn «wmrn er Setback ro I t. An wakrend sewer Mee MMln a+Ming orp 1d-1n 11-ol-wey-11—amm+mum Mirty-srx (]B) Max von hf IS mDlf% I. Prim/h mut�be hsuee /roar VDOTprbrro anrLwfMKrbn Mapvblk r/ghf-W-way PROPOSED EDGE OFOAVfnIENT PNOP EP ogee c.-.edwnen,va1kMallMmoaned.ne,rrbadweyerelnag,racllMes,1--Polnn. Open SP Mmlmum szary IO' FFOPOSED E FOFGRAVEL H'Mly EC Z TIM Manwl w gdbrm Tmllk CenfM Devkes (MUTCDJ must be adMree to wore wbdln9 M a PuM;c n96t °/ waY, VI1. AnY vnuwl subsvN ronerrMns (e.9" wsv rabla<solH, spN9, sinkholes, v«N, caves, Nc.l enromterW dunrr9 qe LourseWcanatmcnon snan eel teN a�au9nfro Me attenfl°n Wfne errperew all VOOi. Work Oprn SPore Propued I6% • I t, 911 sf sPom PedM9 Fequlme i per bf 3. ve aHmW MM NbNsnwn Me pvDM Nphr of wav MafwkFDr ✓Narks mtenry o snan ceaseM Mat vKMny unM an seepuare eesyn rmbe Nkrmmed Dr Me engmew ell epprpreO DYVWT. PROP. NRB R GUTTEF PROP M-[ ,nd kavrrg Me sllfe vlJ re prkM areas snan belnsoecke and approved by0revi0en1. PROv. F-SE CURB a GUTTEF <. Any damage �en bb.nng properties InclNing ro Wreads eAd sbewalks, caused by the eevelopmem1 fors sk wIN be the mspmNMnry o/ Me dereloper. AN damage -1 be rePo/red ro anginal roMifigns. insure MeoT rolldlaameniwW.1.. w CBR teslercvf sample obnMee h reprtsmra[ireW � /wa4onTWbm �a/son pies ere fuamMl ed ro pnve PROPOSED LONIOVR S0� S AronsbveNon ennana mustbeinsfshel In acroreana MM Me -WroMla FrofbnlM SMlme«CwrM Hand beok"Sehbn J.Ol. The cvnnallor mvN mamfa+n rM1rs /ar Me Nmnbn Wfhe 4- ksgy, Me samples MaHbe rkarty genrineeaM as Delwr9M9 ro sp �ro be aaeprN byV Abd Mar resting MNlbeperformee Ma«wdewe will Al app_ VDOT Na _all procedures. LOTS COTS LOT3 LOT COTS PFOPoSEV SPOT EL£vAT10N ♦D(!� attest b. TM ronfm«w wW be respensMle kr edepwk aMPos/tke dnrwye Wfhn sNe. Alt away fill, base, svbgraee ma[Me% all Dacknll In unnfy/sferm sewer trencM1ez sMl/ be mmpetted In sir (6J � mM l/Rs ro 9s%W MrorNkal max/mum Nns/ry es tlelemr/nrd eY MSHRI T-99 Metnpa A, wNnin plus wminvs LIN S/ze I',3 zZ05/ 13B,�;b sT IlelOfS s/ 19 BD�W 16,450 sr LINWkfb et Sefbeck B' 35.51' IJB.f9' FAOPOSEDSTOFMSEWEF .1{'A6S_ ]. TM Lenbartw win obterna UM wzNrbance rtmmRwrorromYSNe wprkw L°nsWctbn. 1%o/odNnum mohh�Iwfne tin whhhdanv eedkandshrN rlgM-°/-wsYArlM dlre[tImWVDOT, Oeuiry lean shah be wnorrrrrdaYaow/?ice MeepeMenf age«yM aawds«e MVDOTRwd all Badge PROPoSED SANIiARrsEWEF - 5 - s - 5 B. AN crosfrvRbn wyl be Bone ronowmg the laws and yulNnrres set krM Or OSMA ell WSM. SwtlOmMns, eertmed rolesW all tut reports snan be svemltted ro vVOT NNty, unMu speNnM «nerxdze. PROPoSEO TELEPHONE T - T - T 9. a evnnazsor wN/nbnN m9+neerWrtrord br.nY tllscmPonclea Drnreen Me egpmved pbns all erlsMy Nre LardNkxw. S. VOOOT Stallard CD and UD uMwdm+v shall be Insfslkd wnen lndKakd w there plans ane/bras spmlrred by T. PaorosEO elEcrglc f0. The NvWpmh msponsidefor Me nKKatron alloy ufnifies npu/me DV Mi: stte Wn. VI6. Ilw MSWbIron Wan�nh,rKesaM mai/bexo wirlvn any dedcafed street rpM-W-waYSMn meet VOOT PROPOSED CMS UNE RiOPO5E0 WATEF UNE . All fmsm all Sedlmenf Control Nwres snewnonfhlFN nshaneelnsfallee prhr rororwrrvttkn, mnmvm drsgn aro rds enah ma responNenlry brine Nrebpw. v 2VL) Contact Numbers Seals and Signatures 9 I 2. AllrwNaMd nN mustbe mmPocfedroaminimumW95%Density ldbwmg MCMW'A'ef Me SraMare I, prtorroVDOTetteptanm elanysheek, all required sneer sl /M Banda hall be /ns[anm 9 9 Poremenr marklrgss DY Me Nvebper VOOPz dttrefbn, by VDOT°n rernveW Mars idbwirry me ManuN On ]'gpl/arrn PFOFOSED WATER METER �s'71M RORwASTM-O69B, MSHIO-I99,wKM-I az aplNkaDk. any Rn p/xM anew M/ming; sinrchwes,w w. ar an xLounf xTC Conbw Oevkez PROPOSEDFfREHYDFANT I&PROP. EM gvemeM must be msPocfed all approve0 by a-Ab-ewl sans engineer A 9ebkchnke/ reperrzupersedes his hole Rpmvlded. t ulbk ror ronraMn9 MISS UIIUTY pow ro enY s/re wwk. all unNMs shown on fW pan bmtlons trot be Mown. VIB. The -IF,, uN pmvHa[o Me VOOT Resben„ OTire�Nsr gran malMal shames pworro Me alert o/ a^N^� C°pros °, + m rces merena s hoe wi n any dee;rafee street egnf-°r-waY must bedp: / d roVre bmIVOOT ResMmry OMa pMr fo aaepkrwe d Mef wwk. Unrf ell rota/prrcez maybe ebsaretl. - Survevin° Flmr: Grrywd/e Inc, (Sa0) 545-1BZ3 �.(l`\TH OFb ¢` T` COMMON IABELSB FEATURES art spproNmek all ap uNNf/es mar 9. benmaM u•bbese mMm'ah snanbepbredw subwadeMmrans Ws mechanicNspmeNr.. Veuiry Io�fn�ee^enr' df �V I 0. The cmharror wIK ron<am en l/tter and dells w-site. Tne wbd muN M left In an orderly menwrat Me ene �ggreg�k f etl uN,.r Ill eenN ry ronrml sMp In saomance with SeMw )04W Me VOOT awe and Brleye ePo W Menwy (540) 665-S6sl Site lnsper W0.Y R. DATES � PROPERry UNf OF vgOJECT olash wodda Y. SpIbIA Nuns ene NM-IO.A ceM'Re0y, Po onr«hnlOanshNlper/ Mese rests. Cartlfietl spies a/test be VVOT eelM, In MeckMg depth; Dewrtm 166 - e znf WlnsPecNbns (f40 SS SD Ne. ISIR-B a NEfGHBOFING MOPEFTy UNFS I5. A° eppmvee setWme plans must be on-sne duly Me routnrct/w pmress. r,p°rtz sMll rvemlttee to unless spednetl Otnerwwe. atldnbn ro sron a VDOT repmeMsb'res�,Nbe mfNkd arMglvm Me oppertvMfyrobeprtfmr dxNy Uw conzbrNNm Mm tesNry Wthe d»sKy cwrevlsMp. ErosNm ene Se menf GprWd: Dewrtrnenfd Pub/k Weds (N01665-f603 q EASEMENT UNE 1. rM OFinaerer Mn-1!, all u[Nifyamwmesnrmr tv exa va n m ere n Sannary SeweraM Wahr: SURVE PROPEFTY CORNER FOUND Q Il. Tha cenbMbr win aeee anearraw, brsdl Naeln:,ron, any dsNroed areas [Mf win De kR br more man rn+ny Nye. Atdbtt ro«ink Poveenenl shall De deaein acevNenre wtth SeNkn 315d Me VDOT PwdaM Bndpe ZD spenYcaflons. Dereity shall be dekrmined using the Nnsiry ronfM sf pas swc/Fetl M Section 3I5 and V/M-]6. Fred. Co. Sa AumoNry (Sa0J B69-ID61 TeleoM1one: v fMn()01J 95I-6IBZ PARKING SPACE TOTALS ® nrtiNedifTb bn F-I, bnsMNnr An 0Tse tests.Certnkd copies o/M<tesf mperissMn De submitted roVOOT Ndy,unfess speHfieN IXMrwrse.avpOTreprese«shoe NranMmNn,d and even Me oppprtrmFyro b< AlkgMny Power (B001659-331) �£ncSn,rkrrdwn Gas Co. (590)B69-till THESE PANS ARE tN CONFOFMANCf WISH COVnTYOF pp�EAICX STANDARDS AND ONDINANCFS. ANYOEVGTTON Q DEPARTMENT OF INSPECTION GENERAL NOTES ADA HANDICAP PARKING STALL Pmsmf Mdy Me cw.su«flon and feMMg W fM ronbol z`/q. Miss URUII': IdW-s51-M01 OF CHANGE IN 1HESE PUNS SHALL Bf APPROVED BY THE �€, srcrvs T Vzl.ln aabe mre w/m seMon JDz. o3, Me hunNNens rvrp/pa rwnm rmrty-tb pfi) MrMs ane kroertMn M e+p rt bebwmeMlmmo/me<+mvafronroeerermMemrrypemerwdrlwWmeAwnmemn.m, zO 1 ADMINISTAATOF PR/Oq ro LbNSTRUCItON. vhgmb SANIIARYMANNOLEIOENnFIER O BWldry(s)muMromp/Y wNM1 Me UMMm SrakwMe BWMrIrg CON,M fM Mtvnaflana/BuiliNq Co%1000. ANsgn CommpnwealMWWgbra qe ror bwM+n ergrmeraM VOOT /pr ep°r°val prl°rroplatln9 bacrwsheNreswrrBMM9s ollevMan°n eOT Fin IV P/PrtnerwlO4NeN°^adesigvssMncwnply will VDOT Road arM BrHge sbMard PB-t. Aem soR, YkldNrp,w Zoning 9 General Notes W s[Mp w Enwmnmenral Exl sroMnre Propozrd I. EMeri°rlyM1Nrp Mll De pmvMed DY weN-pule n MlbMpB pgntpobr. I ❑ prWeurowlbansMWrhe sMnatal plans svem/tted shvttural g Z Ornrmih. Plans must Mow ell log /eyrtas lecetiens ro Me extmwper CABO ll ].I-93 and mee<rtpwmmenn of bk kunNMw he«rounkred, Me lev°datbn eezrgnaM/w need hr /ouMarkn stadgzallon shall be erkrminetl by [M eryinnr and eppmvee DY VOOT. � S STOFM DRAIN STFUCTURE IDENTIFIEF 1. apkrl]dBDea. V21.Appmval of M/s plan sheN erprrt mree (JJ yearn own Me dale errM approval kfrer. Fearoms gLreew AIbwN PlsmMance yhh erfeclreerotM Z.An /Iphh wlNMsbkMedwelm«eerogennr 4 t`1 L2 2 UGHTPOLfS K} -T� 3. TM I000IMemafbwlBWlOM9 CeN ten be ufnked kr DuiMm9 NNgn. VIJ. VDOT srembre CG-II Cwb Ramps snan eem#still wMre mdKefed an gese pbns aM/w as speNRed by vOOr P+al^ pep y% L� B Perrds O a�crres ODN 0% 9l+r, an rrel9nDodn9 prepertks" J. Oufdow hash recepfxser will erM an rrrc/osN � O� I, � LOGTfON DETEST PITS ® Z4. TSfanderd GuaNmll shall be Intfallee wnen wamnkd eM/or as prop«ed on these plans In eLr°rdarce wtth slnNelbf/m MreNa.Ana/approvelo/9uardrell lapu[roee loan by VDOTaMryred/ng is mosflr complete. es xlAC OD acres % O%% th (6J loot hna. 4, rob pr°Ject wrn trot ehroro anv enwromnmtal W 2 \ s S^ 1 4' slnklroks S. W. Dawn IO% 0% "F Ieebnws es Nflnee ay the Fmderkk county 'bb., ddlname. N C W C �� FIRE MARSHALL GENERAL NOTES TRIP GENERATION DATA oral kM/o A ee, S The own w De egmIIbh p aMaini g w j 4 U V EROSION B SEDIMENTC bOL FEATURES sfe,P Nb x50% 0. ZS% 0% 9mn<Ing easemenn shown on mis dan. 6. Easemenh win be rerordee.ne roles sent ro me O i Y „/ E �-. Inspmnon by Me Elm blarsM1aN's omce win Nferm/ne wham LurbMy muse be Poinktl yellow. z. ANv PMkrrg - Mm L. sight w+F De load vn rM Nk by fM Ere Marsh/I4 enecrbn. fne Tii GenelatfOn rNIE"T PROTECTION ® O parties Mrdvm. ]- AN ufi0ne -1 win servke fn+s A. mutt N Plead wImg- 2 K i O 0 HIP HIP ounErvgorFrnory ®® cwaactw muu abo rbef M1Yeranrs ro LI ekecnwr as deform/nee by Me Fire MsrsbdE <. evmiry bman dhs bfn,ew,r agebflpn r,Rwrea, perm¢. Bvmmy mnmvmon eeena rs pmmmeed. 5. Emerpenry renlN army mPM be pmweM elan nine:. Fire nYermn win ee.lw,rs M tart anbb«metee. S Proposed Potential 10 VPD's per Potential Home � o 5 APPROVALS CHECKOAM �O 10 X 5 = 50 VPD's I 1 , RESPONSIBLE LAND DISTURBER W O(VERSfON D(KElb 0 ® z surFENcf wr wrgfsl/roDRT © NAME: LANDSCAPING NOTES frtdwk. Cwnry sabdiNtbn Adnmhfmror wre mT FENCF w10 W F SLb P r ® CERTIFICATION #: f. ark Men apPmYel r m voor win erdm rem, (JJ ham/rem Me Nk W me ePPrawl lrrcrr. EXP. DATE t .NeepNw m pbnNg adwte eryb,m ormrom or,nr ronmLis m danMg brarrw, arre�an ryme x`I urrezaPIX mvzrzbke andyrrran em,r skke lbLaeknt mrrN av°re rrnnrkt. DATE: rEe. n.zogs z Fmeer:d eawrn zprw+gA.-A,rorapwma/e+prr,t al B.e (sJ react rmm me Nr_.'an apprp n/. sEDrMFNr TRAP O 1. nmDeaMnae Manor boatnewbeeLe egge.ler.",e. araeraeae. mepknra NMn he., amW men ).F edE°°^fYsa xm a«Mnrypprp.,ris.ehe Mr rwp xart here NMWappmyaL NLwrafnre+/m la f. The R<spmsiDle Lend wsrorberh Mat Porry rtsponslde kr carrying out rM rend dismrelnp eRiWfy es aef Mrth in SCALE: N/A ane M wen emnmee, the pknmr Man guamntre anWnn /pr one veer. ne n progreu M Me and oI Mrs period, w+n approval zheN be roll. 4. IDe Fmeerkk CaunN lsepartment0/Poetic Wods is enon9M1 b begin site Nrelwmmf. The the pbns. 1, , , ndeeM /Nr/bdll W frTon MWIN MH be rdd Jrollw approval nor S eTwImrreFlr/Mcvwr+rirdMCawwrearpbePobnMMmaenat nad IOnhspfeuNrtbbnnmsaPpewrmpvRM dndoe-s ne1t cMan11.1 s uDsvp/MecMrmgnPos. rsmhnall. B6We AvNerNy. pbu FILE Iq. OIOJ NmCNAN pw fb ammerK/y mYSHe work. ewnw. appovep Prior ro rons[rvHey enY slrvcrvm. Furtnwmem, me Me must meet en AVA GREET l OF A 3. The ronbacfor wdposxasa4OD/sturaen ermff pnorroanysne wpnYwrorwlrixfbn. 4. Manf suasflmnonr Mil ee albwee w/M me approval orrM owner and Me Fmdwkk County Pbm/ry Omamm<nt. repWremmbsne Mapproved OY lnspeRiens. crcwJ✓rva�c✓zl•rclvr wrvin✓r_arror✓nn✓o h� ' I i 1 jfII.I g� I�,kmmmnrP n aarnrron tnnee,paleeroeenveee «ea, wuan,e� \ } 1 I I 1 II 1\\Ili D �-1 = D �$ DeypMwl �e k ir/xtl en anvportron bMe sne. Tempamryapertaerxzarron f`// �I N Ngmdw� anroeenu°ee area: roar m,v nor Dr.ren,r vmee a«wm mm,m 1 , 1 101.� 1 � AN 9ertMn 30 esys. pemanenr srablxratipn Mallb eppnetl Names Merarcro r\ -` \ C z. °adn9 mntrm«ron acme ,r«,,brrtoarpue, a,w eorrpw,mat Max ee tr.nixree ar 1l I 1- - y� , I�-- a �� unite«re wrM rMimenr repplrq meawma rl�<,pgkeMkretp^nsla<ibr Me temporary � mprr«ana,apwmneM rtM,xr,ranar,ll,glM,rkglr,antReat.M,tDamaw„r,t ro a„et«immnrror�aM fransP°nae,mm rnep �<b Sete. 1 I I .s.•rti '1 p, CD .,IbeetraaMeae �e�ab«nm ^� --- ___rM _-____-- 9.Aprmm� r�eranve anen ve9erarron scan rwen'ranfaema eM�an nr�innl, \ � -__- -_ -- /i ,<• / . / �- v "_ � r \\ / yry$ 9:aar°a mver is ern'«eOee r""iarit anrm ,me vm snm,9 asam,ve en - n emsmn. - / �� /�' I _ ----.—✓T' �.� ' / -� 3 Z 3 �. - pse mM �sllbemnstmeee as, lrrst seep rn an ne-gsNrem9 aMv,Yy one MaN \ ` ; w .•���--_— -- �-r- t? �r , �a ��-�--r-- ^n �; sr.eaimmn�„pms snowbe,pplieam nrtnm Humors taM,s moan awes,ne \ \�=`'r°, `�� <= /Dk /� ''r - __ ^ avers opt mm ,er,Re, mtmnn°" \` _ _ — rw � • / � - �_� �-�- � � � D.sremanr rmPt ana semm«xeaMw M.ubeaskrme,ne mntrmbee wtee apm M<rorM -/�` \�� -_---____r eral,a9e.rcarobe ten. -ea er enr non ar bet,n. \ _ Y-`'l-� , e. mew rtom9e rpaen orasrM'mrM vp dance iz. rwir y,ras par,rrr« `Ill — — i emine9e amee�Me bapthM OMy mood emma9e are,s ksr non mree arms, \\,7�\ --- �___ ,- __-----'--------p, _ _ Man wr"raambornM Der a°`reanbeni"esvron°1me m°in `m ° ye" 1 \\�\ __ Br MIA Perm tea�me�r"ntnba asn:�an z ru rc pn acre o, -raaa a °aYmao�rr I I \--_ Jl i' � � ` s'�Lr ,fit ry sheN, ar ma/nfe/n Me rtmcruml m Nor Me Basinn �vdnp a __ _ / rte a mrnmam, M,rarron m,mlrttRrrarwa,nM >,—' � -- err ��r� b:fie RanPRm�rk«aaaaem ) �' -`_ ,eeimenr b„m;, ana:ea kn pr M«e rpneHwn, ,PenreNear venue Me \ ` _--- ,.•, �' / _--_-- � I / tropes Mb be easi9n m�wrrabeemsmamw mar w,nmmm"re emsmn. / �� --� --- -- _L_ 1 r°p�, - �. - °I71 W^ Sbpes ina mrounerobe Broom w none Year o/permanent sraaxzenpn-'jPA7. �1IX1 PR 9B 9CwEEe r I / O 219rh p` b Manbegaweee wlrn seema,alt�e`p<` eni::m9 mea,�met anre enr Pmekmhmrm«re. / / aT 1 I. crow coven m,r«alsr'"°ap e.�ei"`rr`,rri,;nee wrmm.n \1\ , RX G.hw9ss•\\-� LIMTf50F'CLEARIN OP pprA-sB'-All ��`�° Ix - o�1B'dWrrcL- ..���: - - - se rca removes meM \ I \ // � Irma• I z eearcm \ \ \ - - m barb ma m M.m an re, Man .„•Bw�� ^�,..• i,� r,� _ ne 9rcamrte fa enr \\\ \ "nnM sellmenl henso rt a"astsellRe fhe work aren f° t Pr'a�aa°mre`ron rank marrrklskaumasm roc enr ranMpman or \ \\ \ \` \\ \\1 RR n,ew,rs.n mR m,rbep,rar«rnete,mrwrc, lr.r,n«re ev l \ s \ \ \ 1 \ c C _ - -------- - \ \ normma�ek Nrer me�hE mby ronrtN«ron veanes more rnen rwkemanr \ \j `\\\\ ,111 \� }DB ( xi.� ^\ ' /�/� ��' __- i/I/1I�.�1 // I/ _ ____-_-� wrens pro wamrtnursein�a. stream rmmn9 mmrnrrrre °rnwremeMk matenN \ \ ','1� i , ',/ \\ r RBr. ' l AW 9Ju la. An saPPrsl`r, r trtareaM meal m9warfunz pertabmgrowmkxgm«omsmpM1rc B rE \ i \\\ r \ � �- -- I- �✓.' / //�� /�• - _==s—��� %� ,pa� � 9r.9J'—r_ rs. na BeaaNDenksba water rouse snM ee sroaxzeemmaM-em„arter wwkm me cJB"WP 98 \\\ \�1 �\\ \ � / __-__--- :�: -:= .�;�� �•�'�—�T- \ (Mz Bwi~�� PLANS ARE FOR THE 1�VSTA LLATIWOItrOF mae.9roaroa : ux msnrkem ar<«va«e were Me rouaw,n9,ra,w,nhm \ a. .sere \ \� \ \\ \ \ / \ -_---- '- S iYRM SEWER; 3.,IARYSZER, 'B� ATER:\ \ QNDIVIDU4L GRAVING PLANS WITH EROSION a. Earsv,ree m,mrrltn.n ee r«m on me apnrn ee orsrm«nrs.e \ `` .1 \ - - --_-- '_�'r /1 9 SEDIMENT CONTROL MEASUR SWILL— <Ema<nrRPmer k means M,n D<�Rer<e nrpasseemeav�n an, �.<e ` i'' / lr r//Y IjEQUIRED WHPERM17LIXA AD FORBUILDI PERMtT3' I£.MADE a"°Rrr�now„'9°srmrevms «onMe n�a rsM,rp /'T !! / „" wxrro rr.ngm„neuxprroeev rorp«rm rn oreeero minrm�r< \\ '( �-. -.._ S�T�GRADING MAY NOT TAKE PL4 WIT emslw,`a e°v'meOm m°s'ra`erniemn. \ / - 'Oj _ r I �rz THIS PLA rEXCEP.T AS RELATED T HE -- I / ' . «ramglMeew «rmdemr were Mate m9w.rans \ i . \ r�--_ ' I /% : . �'!/TILITY IN3TAtbFTIoN- \ \ I^ i> enprrr emr,aary m9a rront so ne<1-1- lit w,rn. \\ \ \\ II •`! l ,\ - `� r�--.. I �� \ / D" �� \ q 1 A ,. mmnM«rron vrnkd s«rss wromrnrmrze rho rmn,partbtaexwe«er.e eimm rn. rose; er O1 � � r \\ r _ �\ _ :Haar, growmo 3g,amrmenr;t mmoveeln mit man„e,. met proveron snax,ppMN \ \ 1 I\ \ \\ r aae.nla«nnr lqs.s wercas Nlar9er rope-Ta<pra>g «rinM«. j \�`� - \\ \\a w,`y! as�xxrJx rear %`I�i \ rm��aryraemtmn anetaeimeoc mnrmr measamt than ee rcmevee wiean 9°e,rt / /\ Y "� \�\\\` 1 j `; \`r"1\\� ���` ri --- r SHEB \ \\ \ \ \ I O r n arhawn Pr,R.r tea e<mpnmry measures am nn 1"n9.rn<aem, aMess / / \ \ r \ 1 \\ Lw-0 �,:,rvltP beelsposxian or Nmperary maasams snanxp<marrcnm smauzeero \I \ \ \I tl l �\\� \\ \\ �\- \ Nppnfkz sM efm,ay eownsrrcam M1vm eeveropmmr rtfersMxbe pweneO M1wn / \ \ \ \ \\ 1 I I I \�\\\ \ ,`` 1 - J/ 1 GRAPMCSGtE 2 W G ro�orrc,°°yanrernrvnns wrne p'reeaprnry sro.m aria Hoar eamnl°`an`in'm°asmr°w 1 t \ _ _- a o wxn r wm9 tr, a m; „rc a In reetea In pram E & S CONTROL NARRATIVE CONSTRUCTION OF A SILT FENCE i (IIITN IIIRfi SUP PORT) PIPE OUTLET CONDITIONS � 2 SILT FENCE CULVERT INLET STONE CONSTRUCTION ENTRANCE v'°"<t De6ONOn PROTECTION en Me Meearwerook era Rm9ertem ww a'•°wr V � � �F subesvlslmrs anre° eeouM sMe bRoute 2l>. The Me Iz a varanr rmrexq roaaMmwn saMabt eM s anent bMe Y q w• rrele root oven ear«vlaelnro srcamenna/ebrom9 rok. mew q„rmns ane11�^k Rapw.rma,.y,w-w E,akn.aeswmw.r �� i _ ^'"••• e� w Exlsnnp slfe eorwrun, m<Pkn aw•aw anNT,b: m< v - �M P" ""� �w w Su siBE ErcvRnon marmra ,ro.r mmenrrmmr aeMra ehNrema an;m vrc,.een`�prm. ra � %� t. � � me v«enf rkb has en exlsrin9 arerna9e Swale Mee rvnt Irom Mezrp« m>pnnon, k � � ! � / � °j � Z W n uMefinea<Nrw. me 9roune rnvrh9mzs. / — �. i rtrowestm. amsm.anetaermnr renew mn,pms,mroee q.aePmrroar.s ma mrt mom �' / a 1 N j O Oo.� eeelett fpame6 ere msleennel rots. nret orb e,pgavee.nasmn,nesee/mmr mnemr Pkn znanbemainre�nn un mr see ara afp y w �i.= K N ct waa ,���°Ye`M T mesells try M Nree n«n the USOA's "soxs SvmeY« r��rmwMpkni rM emwr rwrcvcw xM apprp sNeYefnepMn soge.sro awnmRrt,OleemeMs a,� L_ .w¢a:�•^w �awmw,www a es.s -ir,e e �"'"� ear ar W mm ww 1 Freaerl[k County, VeArms/rows Micron slR hams crasslRM as a9B. r`v � .•r ti,a� � mh souhprce«ninare„yMowhn emwn,lnloams over Dearork pn aOan"^'r wp'/^"r°""°Im """" OPTIONAL STONE COMBINATION lMmkJ one orxrs kn9ar «p,mn nu,ra,. qrv<�r`<,o�:w',n'°�:rvra,°`;;s«ier`nl°,r"n�e eyyM. q., aPp.P.rn9.wm,kr."`w°' INLET PROTECTION NOTE: rotron °"nor vmp eit�;mml<.,me"n`i<e�:wP., �i m n,wsr,emr.nan k.rmavae. ° "0 —ram-- �-- �� SILT FENCE USED AS INLET msrsro mnur„«mn�, rmntt w/en weM reek Es-e. wrm9 eawaeawn9 aPw.rmaa w,mr wen x PamPee mm,n,pPmrce ne<nre enxw. y PROTECTION IS NOT "'" "" s[cnoH ♦-� mtran were twparrre arc More ALLOWED IN FREDERICK BATE FEB. zz, zoos .lirsfan nl/rMS MlM1 mkraMovrMp°recfbn Es-9 me mnrmmx Maamuert axervsmn mneb measwes pww«carnam Mee eaM sw ww wvaww nrt,u werer.,we<, .ne pnaervrppne .fM/vldual9meire9 plan wlrh «psmn and seeimet plans w/nee ran wDe,aeee m,mMkte„.ti COUNTY CONTRACTOR MUST \•=zoamtM INSTAwrs nw rcawrewr«h roe,f me nmr w,ppxrsrron«baize/ry _ ,w NAL STONE ARC AS SHOWN. nt' ma rknrro.eero or mama rDa,. was/,n B"�4''�°�� STONE ARC AS SHOWN. mErro. eoz e�� BEOnOH B-B �� elm aa, me vvenr ova env,vammr mrvre sxauem w � ewawla"roc mn nurxbn prmzs, wrtan rcas,mro r•zaB�W SHEET , OF e 20, p' 11 "� 4 -LE c $ ^� I LOT !! I cor rz I G1 s LOT 8 LOT 10 \ 85B- 1 -8 LOT 9 1 85B-(lJ-I i 1 858-(1JJ 12 \ \�\ \ HAR 85 V.()_8 JR 856-(1J'9 I 856-(l)) !0 DONALD D. & 1 MARK & ANNETTE TUTTON I \ \N „ \ n /f� lRMGARD HERMAN I DAYSTAR HCATING & BRENDA C. WE(SH d'OJ0004055 / 1`\` 0 �\ OB 373, PG l78 / 08 880 PG 3J COOLING, INC. I 08 756, PD 413 ZONED: RP I ` \ ZONED: RP J, USE RESIDENTIIL ZONED: RP OB 790, PG 1582 I ZONED: RP "� USE RESIDENTIAL / USE. RESID£N7/AL I ZONED.' RP I USE. RESIDENTIAL � ` USUSE.RESIDENM( — �°`� I l! Q, p y \_ Co \ ; `�.�`,'1\ \ �C: \\ �`�._ • - ? `r.UEq'f = i)arv' �, / i' / t_, _ i.n,�, _,� �.�.r=fir. s a`�r / ur \ \\ I.Wa1Vi1' If i ��' �' '� td el I • 'av' �I ipu-m- ` _ x� M/dL L tr uWv IIP ---rw ------- - / /__ JA House Site 5 I r. eiwmxe \ `\y/\i 1�`• ___�. ___'°' -- Hgwe�� LOT 1 �\ () % I r• i, q 1 mr.arnrnnr p\HtP o .� Izm. \ \ \ ♦' ./ _ - LOO; ax }' -512 \l \ -•a ---- -- - -- - ----- xD' -max .9' xo:x ru' ew.xxa' ® LOT 49 \\ \\ \ ` \ \ \ . r jp' eIE S' \ \ I / ! I''g#_ �(' _. _-Ht3tl4e S'2 858- 2 -1-49 S \ \ ` \ \` v ` \ \ \\\ //^ \ -p 'r•R i F/ ' 'LOT 2 lats' (mbJ '� os Mt. a gas DAV/DJC. & ��� \ 5 \ \ _ 'l e J I raea, By KREN M. AOAMS \ \ `\\\ \li' I'`° \ \� \ ''��/ \---------- A �I /, I� � ' I i' // �_s.LiDsra______•,\ '�\ \ rrsc xE'v'r"rul D8 54J, PG 686 \\ a'\ \ ` ` /'� '/ /� / �''� ��J \\ p' /) I ssIrH ZONED: RP ` \ 11 1 \\ ��=\ /\ _ erM-i USE RES/DfNTU( ` \ ° .I LOT 5 r af Ev.JacMP_9d \\]]..�� ^1\\\`y� /�\`\ \•_..'-IDs'�SP�-'--\\ )m• itw�PWS aY /Gp i_' o� B� xSh.�\ 1\\ \ • \ r \;� \ ''^/' Tf—•w ' \,• \\ \ a. -..•to `ere, . — _ .'s-c - =7•\\ \\ !. O , W yL \ \\ r 1 / LOT 50 \ 'v Y • 1�-_ 85C-(1J-2-50 \ Vf'\ / TERRY L. DEHAVEN \ \I \ \` \ "'ly,,. •''"i. �_ "• `"�'• ""'I �X / `I i i' /�L7su sI `�• \\\\ I `\ R, nx \ r I i DB 685, PG 271 \ -- o' I . / ZONED: RP \ +_ f ,_�-____--'��/ House Site \ 1 USE RESIDEN77AL ` \ \ \\ I \�\ '/�/ "fD=InAr _(,PW / \' 1a 1\\\ I rk�tF \_.. �aD./' \\`\+s ow I I USFHrt4 2 O �S Lor r� �>epJ J85,8�(91-13 p®m-— �^'.: ...�:'lai^ Vic. I \\ \ \''� t I -�•`\ 1` <�-�_ {'" KENN F. & i '..° -- ! PATRIC14 L. (INEBERG 'I ,• e \ \ \ 1 �, 1 .�- \ \ �� nrm 08 773, PG 10/5 ZONED: RP USE RESDENBAL FICIIREI � O O� ea LANDSCAPING NOTES LV [[ z•ar it rT ( YangoveJ oms^menbl tma M seCbn a i j / %�� § I6S36. B1 m a ee subsbNteUl - I j � .. •�• � H�,„'\ \ j/~I �o'R•��e1a•mN• ma-wnoaremnnmrunE-re maosm ,,",P � ,yay. "`°"•.•""`"'• n)01�nr xaamhssvxorsxtareEsubnm/Im nroaovv. oEmbo. cn orvr wnaxnrxe - ra6Esrnmean niwmw crruuvEa are t, zoos 0 .,.:',: �'^r i., w^s:l',G": :8w... ��_._Ia,e.+<+•I �,<,.,...,.a, swE: •.za STANDARD PRIVATE ENTRMCCS � �' FltE Bo. 0103 ax Phntings will ronbmr with 9attlon 169-J6B oI .+ ,m x y,m r uBByrn¢ the FreJenck County Zonerq ONMamr, alantM9 9NEEP 2 Of C m $M(L}lM, Manhy Piaeavre, antl HaMHnemy. -- ------ ----- ---- == I lilim f-i a Oa00 ww IXtl law tape taw Jaw Jaw aaw Nw Jaw S70RM SEWER N-I ao: wr-s. �Aml -taw -raw -raao -ww pKtl S4N!(ARY SEWF,R N-t � Ywl rt ras rw 0 w DRTE: Ff8. 21, 2005 SGLE: 1'•20' FlLE N0. 0302 SNE£f i Of � COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 MEETING DATE CORRECTION NOTIFICATION OF PUBLIC MEETING September 15, 2005 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS RE: WAIVER REQUEST FOR ANTHONY COOK AND SUBDIVISOIN APPROVAL FOR #17-05 OF MEADOWFIELD On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public meeting being held on Wednesday, October 26, 2005, at 7:15 p.m. in the Board Room of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia. THIS MEETING WAS ORIGINALLYSCHEDULED FOR SEPTEMBER 28, 2005. GreyWolfe, Inc., is requesting a landscaping easement waiver of Frederick County Zoning Ordinance, Article VI, RP Residential Performance District, Section 165-63.C, Open Space Requirements on behalf of David Shore, applicant and Anthony Cook, owner of the property. GreyWolfe, Inc., is also requesting that curb, gutter, sidewalk, and streetlight requirements be waived under Frederick County Code, Article V, Design Standards, Section 144.17.L, Streets; Section 144-18, Sidewalks and Pedestrian Walkways; Section 144-19, Streetlights; and, Section 144-24, Lot Requirements. The subject property is located 300 feet south on Meadowbrook Drive (Route 1021) from the intersection with Highlander, and is identified by Property Identification Number 8513-1-12A in the Opequon Magisterial District. Any interested parties may attend this meeting. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling EarkR. 651. You can also visit us on the web at: www.co.frederick.va.us. ��� eran Zoning Administrator MRC/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certify that the attached correspondence was mailed to the following on from the Department of Pl nning and Development, Frederick County, Virginia: 856 - I. - 11- 85E -1- - 12-A r� WELSH, DONALD D & BRENDA G COOK, ANTHONY LEE 122 HIGHLANDER RD PO BOX 1142 STEPHENS CITY, VA 22655 2914 STEPHENS CITY, VA 22655.1142 85B - 1- - 12- David Shore �� �, TUTTON, MARK & ANNETTE 2045-A Valley Ave. 124 HIGHLANDER RD Winchester, VA 22601 STEPHENS CITY, VA 22655.2914 GreyWolfe, Inc. L( . 1073 Redbud Rd. Winchester, VA 22603 850 - 1- - 8- GRAY, HAROLD V. JR. 85B - 1- - 70- BORROR, DANIEL L & MARY T 105 MEADOWBROOK OR STEPHENS CITY, VA 22655.2926 85B-1--71. EDWARDS, THOMAS LYNN, JR 107 MEADOWBROOK OR 116 HIGHLANDER RD STEPHENS CITY, VA 22655-2926 STEPHENS CITY, VA. 22655-2914 85B - 1- - 72- 85B - 1- - 9- MOGLE, LESLIE A HERMAN, IRMGARD & SUMPTION, CHRISTOPHER RANDAL 118 HIGHLANDER RD 109 MEADOWBROOK DR STEPHENS CITY, VA. 22655.2914 STEPHENS CITY, VA 22655-2926 85B - 1- - 10. DAYSTAR HEATING & COOLING, INC 181 SASSASFRAS LN CLEARBROOK, VA 22624.1464 Mark R. Chem Zoning & Subdivision Administrator Frederick County Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK L , a Notary Public in and for the State and County aforesaid, do hereby certify that Mark R. Cheran, Zoning & Subdivision Administrator, for the Department of Planning and Development, whose name is signed to the foregoing, dated , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this day of My commission expires on NOTARY PUBLIC ol/'64 . 85B - 1- - 13- LINEBERG, KENNETH F & P, AA LINN 110 MEADOWBROOK DR STEPHENS CITY, VA 22655-2925 85B - 2. 1- 49- ADAMS, DAVID C. & KAREN M. 206 RIDGEFIELD AVE STEPHENS CITY, VA. 22655.2943 85C -1.2- 50- MERRITT, JONATHAN D & SABATIS, GINA M 208 RIDGEFIELD AVE STEPHENS CITY, VA 22655 85B - 1- - 69- ATKINSON, JANET M 103 MEADOWBROOK OR STEPHENS CITY, VA 22655.2926 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC MEETING September 14, 2005 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS RE: WAIVER REQUEST FOR ANTHONY COOK AND SUBDIVISOIN APPROVAL FOR #17-05 OF MEADOWFIELD On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public meeting being held on Wednesday, September 28, 2005, at 7:15 p.m. in the Board Room of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia. GreyWolfe, Inc., is requesting a landscaping easement waiver of Frederick County Zoning Ordinance, Article VI, RP Residential Performance District, Section 165-63.C, Open Space Requirements on behalf of David Shore, applicant and Anthony Cook, owner of the property. GreyWolfe, Inc., is also requesting that curb, gutter, sidewalk, and streetlight requirements be waived under Frederick County Code, Article V, Design Standards, Section 144.17.L, Streets; Section 144-18, Sidewalks and Pedestrian Walkways; Section 144-19, Streetlights; and, Section 144-24, Lot Requirements. The subject property is located 300 feet south on Meadowbrook Drive (Route 1021) from the intersection with Highlander, and is identified by Property Identification Number 8513-1-12A in the Opequon Magisterial District. Any interested parties may attend this meeting. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.co.frederick.va.us. Sincerely, dL ark R. Cheran Zoning Administrator MRC/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certify that the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick County, Virginia: 85B - 1- - 12-A COOK, ANTHONY LEE PO BOX 1142 STEPHENS CITY, VA David Shore 2045-A Valley Ave. 1- Winchester, VA 22601 GreyWolfe, Inc. 1073 Redbud Rd. Winchester, VA 22603� YV� 22655-1142..) C lY 85B - 1- - 11- WELSH, DONALD D & BRENDA G 122 HIGHLANDER RD STEPHENS CITY, VA 22655-2914 85B - 1- - 12- TUTTON, MARK & ANNETTE 124 HIGHLANDER RD STEPHENS CITY, VA 22655.2914 85B - 1- - 70- BORROR, DANIEL L & MARY " 105 MEADOWBROOK OR STEPHENS CITY, VA 85B - 1- - 71- EDWARDS, THOMAS LYNN, JR 85B - 1- - 8- GRAY, HAROLD V. JR. 107 MEADOWBROOK DR STEPHENS CITY, VA 22655.2926 116 HIGHLANDER RD 85B - 1- - 72- STEPHENS CITY, VA. 22655.2914 MOGLE, LESLIE A 85B - 1- - 9- & SUMPTION, CHRISTOPHER RANDAL HERMAN, IRMGARD 614 AYLOR RD 118 HIGHLANDER RD STEPHENS CITY, VA 22655 STEPHENS CITY, VA. 22655.2914 85B - 1- - 10- DAYSTAR HEATING & COOLING, INC 181 SASSASFRAS LN Mark R. Cheran CLEARBROOK, VA 22624.1464 Zoning & Subdivision Administrator Frederick County Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK 1, , a Notary Public in and for the State and County aforesaid, do hereby certify that Mark R. Cheran, Zoning & Subdivision Administrator, for the Department of Planning and Development, whose name is signed to the foregoing, dated , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this My commission expires on day of NOTARY PUBLIC ©vr 85B - 1- - 13- LINEBERG, KENNETH F & PATR, LINN 110 MEADOWBROOK DR STEPHENS CITY, VA 22655.2925 85B - 2. 1. 49- ADAMS, DAVID C. "' O' ►REN M. 206 RIDGEFIELD AV; c STEPHENS CITY, VA. 22655.2943 85C - 1- 2. 50- MERRITT, JONATHAN D & SABATIS, GINA M 208 RIDGEFIELD AVE STEPHENS CITY, VA 22655 85B - 1- - 69- BEEREN & BERRY INVESTMENTS, LLC 1474 N POINT VILLAGE CENTER # RESTON,VA 20194 "V61 V61c- �ewF'5 - YW11401.y 0.60i� 9. List of Adjoining Pro'IL: The following names and address— are all of the individuals, firms, or corporations owning property adjacent to the property for whichlt�he waVghorracaceptio� is being sought, including properties at the sides, rear, and in front of (acr : F property. (Use additional pages if necessary.) These people will b+ FROM: BARA-DATA PROCESSING application. ROMBev-Planning Dept. Please print - sets of labels by NAME / vS- THANKS!! HAROLD V. GRAY, JR Address 116 HIGHLANDER RD, STEPHENS CITY, VA, 2265 PropertylD# 85B-1-8 .--' IRMGARD HERMAN Address 118 HIGHLANDER RD, STEPHENS CITY, VA, 2265 Property ID # 85B-1-9 DAYSTAR HEATING & COOLING, INC. Address 181 SASSASFRAS LN, CLEARBROOK, VA, 2262 Property ID # 85B-1-10 -- DONALD D. & BRENDA G. WELSH Address 122 HIGHLANDER RD, STEPHENS CITY, VA, 2265 Property ID # 85B-1-11 MARK & AN N ETTE TUTTON Address 124 HIGHLANDER RD, STEPHENS CITY, VA, 2265 Property ID # 8 5 B-1-12 DANIEL L. & MARY T. BORROR Address 105 MEADOWBROOK DR, STEPHENS CITY, VA, 2265 Ply ID # 85B-1-70 L-/ THOMAS L. EDWARDS, JR Address 107 MEADOWBROOK DR, STEPHENS CITY, VA, 2265 Property ID # 85 B-1-71 --' LESLIE A. MOGLE & CHRISTOPHER SUMPTION Address 109 MEADOWBROOK DR, STEPHENS CITY, VA, 2265 ply ID ## 85B-1-72 Z KENNETH F. & PATRICIA L. LINEBERG Address 110 MEADOWBROOK DR, STEPHENS CITY, VA, 226 Property ID # 85B-1-13 -'� RY L. D AVE N �OA A 981 CADR, MA S URG, WV, 1 Prop 85C-1- DAVID C. & KAREN M. ADAMS Address 206 RIDGEFIELD AVE., STEPHENS CITY, VA, 22655 Property ID # 85B-2-1-49 2-0 g F-LFe U Ave,, - Page 2- zz M to 3 Dr 5 S4-t� N eµS 'U' VA :Zz6-�rr COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC MEETING August 24, 2005 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS RE: WAIVER REQUEST FOR ANTHONY COOK AND SUBDIVISOIN APPROVAL FOR #17-05 OF MEADOWFIELD On behalf of the Frederick County Planning Commission, you are hereby notified of a public meeting being held on Wednesday, September 7, 2005, at 7:15 p.m. in the Board Room of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia. GreyWolfe, Inc., is requesting a landscaping easement waiver of Frederick County Zoning Ordinance, Article VI, RP Residential Performance District, Section 165-63.C, Open Space Requirements on behalf of David Shore, applicant and Anthony Cook, owner of the property. GreyWolfe, Inc., is also requesting that curb, gutter, sidewalk, and streetlight requirements be waived under Frederick County Code, Article V, Design Standards, Section 144.17.L, Streets, Section 144- 18, Sidewalks and Pedestrian Walkways, and Section 144-19, Streetlights. The subject property is located 300 feet south on Meadowbrook Drive (Route 1021) from the intersection with Highlander, and is identified by Property Identification Number 85B-1-12A in the Opequon Magisterial District. Any interested parties may attend this meeting. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.co.frederick.va.us. Sincerely, ark R. Chera Zoning Administrator MRC/dlw 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certify that t4e attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick County, Virginia: 85B • 1- - 11- 85B 1- - 12-A WELSH, DONALD D & BRENDA G COOK, ANTHONY LEE 122 HIGHLANDER RD PO BOX 1142 STEPHENS CITY, VA 22655-2914 STEPHENS CITY, VA 22655.1142 t1&Tj A -- 85B - 1- - 12- David Shore TUTTON, MARK & ANNETTE 2045-A Valley Ave. Winchester, VA 22601 GreyWolfe, Inc. 1073 Redbud VA Winchester, e" ��- 85B -1- - 8- GRAY, HAROLD V. JR. 116 HIGHLANDER RD STEPHENS CITY, VA. 22655.2914 85B - 1- - 9- HERMAN, IRMGARD 118 HIGHLANDER RD STEPHENS CITY, VA. 22655.2914 85B - 1- - 10- DAYSTAR HEATING & COOLING, INC 181 SASSASFRAS LN CLEARBROOK, VA 22624.1464 STATE OF VIRGINIA COUNTY OF FREDERI.CK 124 HIGHLANDER RD STEPHENS CITY, VA 22655-2914 85B - 1- - 70- BORROR, DANIEL L & MARY T 105 MEADOWBROOK DR STEPHENS CITY, VA 22655-2926 85B - 1- - 71- EDWARDS, THOMAS LYNN, JR 107 MEADOWBROOK DR STEPHENS CITY, VA 22655.2926 Mark R. Cheran Zoning & Subdivision Administrator Frederick County Planning Dept. -n 1 a Notary Public in and for the State and County aforesaid, do ereby certify that Mk R. Cheran, Zoning & Subdivision Administrator, for the Department of Planning and Development, whose name is signed to the foregoing, dated a _ , has personally appeared before me and acknowledged the same in my Sta:4 and tounty aforesaid. Given under my hand this My commission expires on of OaS '�v C NOTARY FUBLIC ov�i� 85B - 1- - 72- MOGLE, LESLIE A & SUMPTION, CHRISTOPHER RANDAL 614 AYLOR RD STEPHENS CITY, VA 22655 85B - 1- - 13- LINEBERG, KENNETH F & PATRICIA LINN 110 MEADOWBROOK DR STEPHENS CITY, VA 22655.2925 85B - 2. 1- 49- ADAMS, DAVID C. & KAREN M. 206 RIDGEFIELD AVE STEPHENS CITY, VA. 22655.2943 85C - 1- 2- 50- MERRITT, JONATHAN D & SABATIS, GINA M 208 RIDGEFIELD AVE STEPHENS CITY, VA 22655 85B - 1- - 69- BEEREN & BERRY INVESTMENTS, LLC 1474 N POINT VILLAGE CENTER # RESTON,VA 20194 v t l Uex 9. List of Adjoining Properties: The following names and addres.-s are all of the individuals, firms, or corporations owning property adjacent to the property for which the waif or,cxeqntio -------- .,,,,. is being sought, including properties at the sides, rear, and in front of (acr property. (Use additional pages if necessary.) These people will bi TO-.BARBARA-DATA PROCESSING application FROM -.Bev - Planning Dept. Please print sets of labels by NAME THANKSP 0 HAROLD V. GRAY, JR Address 116 HIGHLANDER RD, STEPHENS CITY, VA, 2265 Property ID # 85B-1=8 L-- IRMGARD HERMAN Address 118 HIGHLANDER RD, STEPHENS CITY, VA, 2265 Property ID # 85B-1-9 v DAYSTAR HEATING & COOLING, INC. Address 181 SASSASFRAS LN, CLEARBROOK, VA, 2262 Property ID # 85B-1-10 L---- DONALD D. & BRENDA G. WELSH Address 122 HIGHLANDER RD, STEPHENS CITY, VA, 2265 Pro,perty ID # 85B-1-11 MARK & ANNETTE TUTTON Address 124 HIGHLANDER RD, STEPHENS CITY, VA, 2265 Property ID # 85B-1-12 DANIEL L. & MARY T. BORROR Address 105 MEADOWBROOK DR, STEPHENS CITY, VA, 2265 Property ID # 85B-1-70 ✓ THOMAS L. EDWARDS, JR Address 107 MEADOWBROOK DR, STEPHENS CITY, VA, 2265 Property ID # 85B-1-71 LESLIE A. MOGLE & CHRISTOPHER SUMPTION Address 109 MEADOWBROOK DR, STEPHENS CITY, VA, 2265 Pro,peily ID # 85B-1-72 KENNETH F. & PATRICIA L. LINEBERG Address 110 MEADOWBROOK DR, STEPHENS CITY, VA, 226 Property ID # 85B-1-13 RY L. D AV E A 981 CA O A DR, MA S URG, WV, 1 Prop 85C-1- DAVID C. & KAREN M. ADAMS Address 206 RIDGEFIELD AVE., STEPHENS CITY, VA, 22655 prop, ID # 85B-2-1-49 A OJ- 2 0 8 O �i e-U AV 2 , - �Q � PAWS C -Paget - J / ✓Z2 5 �o 3 owbroDK Df S4I �esdS v.4- :zz6-�rr October 20, 2005 Mr. Gary R. Oates GreyWolfe, Inc. 1073 Red Bud Road Winchester, Virginia 22603 RE: Subdivision Plan Comments - Meadowfield Frederick County, Virginia Dear Gary: COUNTY of FREDERICK Department of Public Works 540/665-5643 FAX: 540/ 678-0682 Upon review of the revised subdivision plan dated September 14, 2005, all of our previous comments have been addressed. Therefore, we recommend approval of the subject plan. JCW/rls cc: Planning and Development file Sincerely, QX 0 � L3j (mil\ Joe C. Wilder Deputy Director meadowrield reveom.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 TRANSMITTAL LETTER GREYWOLFE, INC. 1073 REDBUD ROAD • WINCHESTER, VA 22603 (540) 545-7823 9 (540) 545-4001 FAX GREYWOLFEINC@AOL.COM Frederick County Subdivision Administrator May 4, 2005 107 North Kent Street Winchester, VA 22601 Attn: Mark Cheran Subject: Meadowfield Subdivision Dear Sir: Attached is a copy of the comment letter from the Department of Inspections. Please call with any questions you may have. Thank you, Gary R. ates, LS, EIT GreyW fe, Inc L! MAY - 4 2005 GREY, MC 1117 s TTITTl sis u.lu.' !+ Frederick County Inspections Department Attn: Building Official 107 North Kent Street, Suite 200 Winchester, Virginia 22604 (540)665-5650 The Frederick County Inspections Department is located at 107 North Kent Street, 2nd Floor of the County Administration North Building in Winchester, if you prefer to hand ddivcr this review. Applicant's name, address and phone number. Gary R. Oates — GreyWolfe, Inc. 1073 Redbud Road, Winchester, VA 22603-4757 Name of development and/or description of the request: Meadowfield - Proposed 5 lot subdivision Location: 300' south of the intersection of Route 1020 (Highlander Rd) and Rt 1021 (Meadowbrook Dr) and bounded on the west by Ewing's Ln Inspection Department Comments: Code Administrator Signature & Date.- �/ %/ -?/ (NOTICE TO INSPECTIONS DEPT. E RETURN THIS FORM_Ar04(PPLICANT.1' It is your responsibility to oomplete this form as accurately as possible in order to assist the agency with their review. Also, pkase attach a copy of your application form` location map and all other pertinent information. roftnurn -20- ROXIMP MAR 2 9 200 ommex Ctliltii`! if � ��� I { MAY -Am -� L REC)ERICK COUNTY _ Dwellings shall comply with The Virginia Uniform Statewide Building Code and the International Residential Code/2000. Additional engineering may be required on the foundations of lots # 4 and #5 because of the slopes. WAIVER and SUBDIVISION APPROVAL REQUEST FOR ANTHONY COOK AND SUBDIVISION #17-05 OF MEADOWFIELD Staff Report for the Planning Commission Prepared: August 24, 2005 la'x_iY -;,-� Staff Contact: Mark R. Cheran, Zoning Administrator This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist in the review of this application. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 05/18/05 Tabled 09/07/05 Pending Board of Supervisors: 09/28/05 Pending LOCATION: This property is located on the west side of Meadowbrook Drive (Route 1021), 300 feet south of the intersection with Highlander Road (Route1020). MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBER: 8513-1-12A PROPERTY ZONING & PRESENT USE: RP (Residential Performance) District Land Use: Vacant ADJOINING PROPERTY ZONING & USE: North: Zone RP South: Zone RP East: Zone RP West: Zone RP Use: Residential Use Residential Use Residential Use Residential SUBDIVISION SPECIFICS: Subdivision of 1.717 acres into five single family detached traditional lots (maximum area of 12,422 square feet each). Subdivision Application #17-05 August 24, 2005 Page 2 REVIEW AGENCY COMMENTS: Department of Transportation: The application for subdivision of this property appears to have measurable impact on Routes 1021 and 1065, the VDOT facilities which would provide access to the property. Before development, you will need to contact Mr. Bill Stover, Maintenance Superintendent at our Stephens City Headquarters at (540) 869-1100, to secure the necessary private entrance permits. Entrances will have to be constructed to VDOT standards to allow for safe egress and ingress of the property. Fire and Rescue: Water supplies for firefighting shall meet the requirements of Frederick County Code Section 90-4. Plan approval recommended. Sanitation Authority: Need copies of all recorded easements. Public Works: No comments Inspections: Dwellings shall comply with The Virginia Uniform Statewide Building Code and the International Residential Code/2000. Engineering may be required on foundations of lots 4 and 5. Parks and Recreation: No comments GIS: No comments Frederick County Public Schools: Based on the information provided, it is anticipated that the proposed five single family homes will yield one high school student, one middle school student and two elementary school students for a total of four new students upon build -out. Significant residential growth in Frederick County has resulted in the schools serving this area having student enrollments exceeding the practical capacity for a school. The cumulative impact of this project and others of similar nature coupled with the number of approved, undeveloped residential lots in the area and other projects will necessitate future land acquisition for the purpose of new school facilities to accommodate increased student enrollments. The impact of this subdivision on current and future school needs should be considered during the approval process. Planning Staff Review: Public Meeting Requirement The Subdivision Ordinance requires that land divisions in the RP (Residential Performance) Zoning District, without an approved master development plan, be presented to the Board of Supervisors for final approval (Chapter I 44-12-B). The Master Development Plan (MDP) requirement may be waived under Section 165-134A of the Frederick County Zoning Ordinance Subdivision Application #17-05 August 24, 2005 Page 3 provided: 1) A proposed subdivision contains ten (10) or less traditional detached single-family dwelling units. 2) The proposed subdivision is not an integral portion of a property proposed or planned for future development. 3) The proposed subdivision is harmonious with the surrounding properties and land uses. 4) The proposed subdivision does not affect the intent of the Frederick County Zoning Ordinance, and Code of Frederick County Chapter 144; Subdivision of Land. This proposed subdivision appears to meet the requirements for a waiver from the MDP requirements. The applicant has been granted a waiver of the MDP requirements. This project contains land zoned RP and does not have an approved MDP; therefore, Planning Commission and Board of Supervisors review and action is necessary. Background The Board of Supervisors approved the Meadows Subdivision on October 9, 1972. The proposed subdivision (Exhibit "A") will create five single family detached traditional lots. These proposed lots are allowed in the RP Zoning District, under Chapter § 165-65B of the Zoning Ordinance. Public water and sewer will be utilized by the proposed lots. Requested Waivers The Frederick County Zoning Ordinance requires that subdivisions which result in lots less than 15,000 square feet must provide: curb and gutter, sidewalks, streetlights, and open space. The applicant has sought an exception from these requirements, as the adjacent properties are of similar size and do not have these identified improvements. In fact, the adjacent lots, as well as the entire The Meadows subdivision, are comparable in lot size sans the identified improvements. Therefore, the applicant has requested a waiver of the improvements. • The applicant is seeking a waiver from the open space requirements, enabled by Section 165-63C; this open space waiver is at the discretion of the Planning Commission. • The applicant is seeking an exception from the: streets (144-17); curb and gutter requirements (Section 144-17L); sidewalks (Section 144-18(1)); and streetlights (Section 144-19). These exceptions may be granted by the Board of Supervisors (Section 144- 5), with a recommendation form the Planning Commission. STAFF RECOMMENDATION FOR 09/07/05 PLANNING COMMISSION MEETING: The Planning Commission at its May 18, 2005, voted to table this application to allow the applicant time to provide the Planning Commission answers to any possible outstanding legal issues. This property was vacated by Frederick County on April 23, 2003, as noted by the resolution attached with this subdivision request. This property is owned outright by Mr. Cook as noted by the legal documents. The proposed subdivision appears to satisfy agency and ordinance requirements, once minor issues are addressed. The proposed five (5) residential lots will range in size from 12,422 to 19,805 square feet. These proposed lots comply with the dimensional Subdivision Application #17-05 August 24, 2005 Page 4 requirements of the single family detached urban housing type; in particular, the minimum lot size of 12,000 square feet. Access to three (3) of the proposed lots will be directly onto Meadow Brooke Drive (Route 1021), with two (2) lots having access onto Ridgefield Ave (Route 1065). This property is located within the UDA and SWSA as indicated in the 2003 Frederick County Comprehensive Policy Plan. When considering the waiver requests, the Planning Commission should consider the surrounding properties and their existing improvements. Staff is seeking administrative approval authority; therefore, a recommendation from the Planning Commission to the Board of Supervisors regarding the subdivision request is desired. Action on three items would be appropriate: • Open Space waiver (PC waiver) • Street frontage, curb and gutter, sidewalks, and street lights exception (Board waiver) • Granting staff administrative approval authority (Board action) WAIVER and SUBDIVISION APPROVAL REQUEST FOR ANTHONY COOK, SUBDIVISION #17-05 OF MEADOWFIELD Staff Report for the Planning Commission Prepared: May 31, 2005 Staff Contact: Mark R. Cheran, Zoning Administrator This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist in the review of this application. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 05/18/05 Tabled 06/15/05 Pending Board of Supervisors: 07/13/05 Pending LOCATION: This property is located on the west side of Meadowbrook Drive (Route 1021), 300 feet south of the intersection with Highlander Road (Route1020). MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBER: 8513-1-12A PROPERTY ZONING & PRESENT USE: RP (Residential Performance) District Land Use: Vacant ADJOINING PROPERTY ZONING & USE: North: Zone RP South: Zone RP East: Zone RP West: Zone RP Use: Residential Use Residential Use Residential Use Residential SUBDIVISION SPECIFICS: Subdivision of 1.717 acres into five single family detached traditional lots (maximum area of 12,422 square feet each). Subdivision Application #17-05 May 31, 2005 Page 2 REVIEW AGENCY COMMENTS: Department of Transportation: The application for subdivision of this property appears to have measurable impact on Routes 1021 and 1065, the VDOT facilities which would provide access to the property. Before development, you will need to contact Mr. Bill Stover, Maintenance Superintendent at our Stephens City Headquarters at (540) 869-1100, to secure the necessary private entrance permits. Entrances will have to be constructed to VDOT standards to allow for safe egress and ingress of the property. Fire and Rescue: Water supplies for firefighting shall meet the requirements of Frederick County Code Section 90-4. Plan approval recommended. Sanitation Authority: Need copies of all recorded easements. Public Works: No comments Inspections: Dwellings shall comply with The Virginia Uniform Statewide Building Code and the International Residential Code/2000. Engineering may be required on foundations of lots 4 and 5. Parks and Recreation: No comments GIS• No comments Frederick County Public Schools: Based on the information provided, it is anticipated that the proposed five single family homes will yield one high school student, one middle school student and two elementary school students for a total of four new students upon build -out. Significant residential growth in Frederick County has resulted in the schools serving this area having student enrollments exceeding the practical capacity for a school. The cumulative impact of this project and others of similar nature coupled with the number of approved, undeveloped residential lots in the area and other projects will necessitate future land acquisition for the purpose of new school facilities to accommodate increased student enrollments. The impact of this subdivision on current and future school needs should be considered during the approval process. Planning Staff Review: Public Meeting Requirement The Subdivision Ordinance requires that land divisions in the RP (Residential Performance) Zoning District, without an approved master development plan, be presented to the Board of Supervisors for final approval (Chapter I44-12-B). The Master Development Plan (MDP) requirement may be waived under Section 165-134A of the Frederick County Zoning Ordinance Subdivision Application #17-05 May 31, 2005 Page 3 provided: 1) A proposed subdivision contains ten (10) or less traditional detached single-family dwelling units. 2) The proposed subdivision is not an integral portion of a property proposed or planned for future development. 3) The proposed subdivision is harmonious with the surrounding properties and land uses. 4) The proposed subdivision does not affect the intent of the Frederick County Zoning Ordinance, and Code of Frederick County Chapter 144; Subdivision of Land. This proposed subdivision appears to meet the requirements for a waiver from the MDP requirements. The applicant has been granted a waiver of the MDP requirements. This project contains land zoned RP and does not have an approved MDP; therefore, Planning Commission and Board of Supervisors review and action is necessary. Background The Board of Supervisors approved the Meadows Subdivision on October 9, 1972. The proposed subdivision (Exhibit "A") will create five single family detached traditional lots. These proposed lots are allowed in the RP Zoning District, under Chapter § 165-65B of the Zoning Ordinance. Public water and sewer will be utilized by the proposed lots. Requested Waivers The Frederick County Zoning Ordinance requires that subdivisions which result in lots less than 15,000 square feet must provide: curb and gutter, sidewalks, streetlights, and open space. The applicant has sought an exception from these requirements, as the adjacent properties are of similar size and do not have these identified improvements. In fact, the adjacent lots, as well as the entire The Meadows subdivision, are comparable in lot size are sans the identified improvements. Therefore, the applicant has requested a waiver of the improvements. • The applicant is seeking a waiver from the open space requirements, enabled by Section 165-63C; this open space waiver is at the discretion of the Planning Commission. • The applicant is seeking an exception from the: streets (144-17); curb and gutter requirements (Section 144-17L); sidewalks (Section 144-18(1)); and streetlights (Section 144-19). These exceptions may be granted by the Board of Supervisors (Section 144- 5), with a recommendation form the Planning Commission. STAFF RECOMMENDATION FOR 06/15/05 PLANNING COMMISSION MEETING: The Planning Commission at its May 18, 2005, voted to table this application to allow the applicant time to provide the Planning Commission answers to any possible outstanding legal issues. This property was vacated by Frederick County on April 23, 2003, as noted by the resolution attached with this subdivision request. This property is owned outright by Mr. Cook as noted by the legal documents. The proposed subdivision appears to satisfy agency and ordinance requirements, once minor issues are addressed. The proposed five (5) residential lots will range in size from 12,422 to 19,805 square feet. These proposed lots comply with the dimensional Subdivision Application 417-05 May 31, 2005 Page 4 requirements of the single family detached urban housing type, in particular, the minimum lot size of 12,000 square feet. Access to three (3) of the proposed lots to be directly onto Meadow Brooke Drive (Route 1021) with two (2) lots having access onto Ridgefield Ave (Routel065). This property is located within the UDA and SWSA as indicated in the 2003 Frederick County Comprehensive Policy Plan. When considering the waiver requests, the Planning Commission should consider the surrounding properties and their existing improvements. Staff is seeking administrative approval authority; therefore, a recommendation from the Planning Commission to the Board of Supervisors regarding the subdivision request is desired. Action on three items would be appropriate: • Open Space waiver (PC Waiver) • Street frontage, curb and gutter, sidewalks, and street lights exception (Board waiver) • Granting staff administrative approval authority (Board action) exhibit "A" STEP%IENS CI Jl' RT 277 • SITE VICINITY MAP 1 " = 2000' ti FINAL SUBDIVISION PLAT FOR THE LANDS OF ANTHONY LEE COOK TO BE KNOWN AS MEAD WFIELD OPEQUON MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA MARCH 23, 2005 OWNER'S CERTIFICATE THIS SUBDIVISION SURVEY OF THE LANDS OF ANTHONY LEE COOK AS APPEARS ON THE ACCOMPANYING PLAT IS WITH THE CONSENT OF AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS, AND TRUSTEES, IFANY. SIGNATURE - ANTHONY LEE COOK COMMONWEALTH OF 1IR6INIA CITY/COUNTY OF , TO WIT- THE FOREGOING OWNER'S CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS_ DAY OF , 2005, BY: PRINTED OWNER PRINTED NOTARYPUBLIC SIGNATURE NOTARYPUBLIC MY COMMISSION EXPIRES _ SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THE PARCELS CONTAINED IN THIS SUBDIVISION SURVEY ARE THE LANDS CONVEYED TO ANTHONY LEE COOK BY DEED FROM JOY H. COSTELLO AND LEWIS MICHAEL COSTELLO, OF RECORD IN THE FREDERICK COUNTY CIRCUIT COURT CLERK'S OFFICE IN DEED BOOK 957 AT PAGE 01 DATED JANUARY 27, 2000, & INSTRUMENT 010001262 DATED FEBRUARY 7, 2001. GARY R. OATES, LAND SURVEYOR PARENT TRACTS APPROVAL PARCEL 85B-(1)-12A 1.717 ACRES FREDERICK COUNTY SUBDIVISION ADMINISTRATOR DATE ZONED: RP FREDERICK COUNTY SANITATION AUTHORITY DATE OF a�PLTH N'' r G, 2 VIRGINIA DEPARTMENT OF TRANSPORTATION DATE u GARY R, OATES v 1073 Redbud Road N0. 1518-B GreyWolfe, Inc. Winchester, VA 22603 �- Land Surveying and Consulting GreyWoifelncCa@aoi.com 540-545-7823 OFC 0 qN0 540-545-4001 FAX SURV'1 DRAWN BY. GRO FILE NO: 0103 1 SHEET 1 OF 4 NOTES 1. AFIELD SURVEY WAS PERFORMED BY GREYWOLFE, INC. IN JUNE OF 2003. 2. BASIS OF MERIDIAN IS BASED ON THE SUBDIVISION SURVEY OF RECORD BY H. BRUCE EDENS, CLS, DATED MAY 11, 1970 OF RECORD IN THE FREDERICK COUNTY CIRCUIT COURT CLERK'S OFFICE IN DEED BOOK 363 AT PAGE 663, 3. A TITLE REPORT HAS NOT BEEN FURNISHED; THEREFORE, OTHER EASEMENTS OR ENCUMBRANCES MAY EXIST THAT ARE NOT SHOWN ON THIS PLAT. 4. THESE PARCELS ARE LOCATED ON F.I. R. M. COMMUNITY PANEL - No. 510063 0200 B - DATED JUL Y 17, 1978 - IN FLOOD ZONE 'C' AREAS OF MINIMAL FLOODING. 5. GRADING AND LOT DRAINAGE IS THE RESPONSIBILITY OF EACH LOT OWNER. ABBREVIATIONS AREA TABULATION BRL = BUILDING RESTRICTION LINE ESMT = EASEMENT LOT ADJ. ACREAGE EX. = EXISTING 1 0.ACRES IPF = IRON PIPE FOUND 2 0.306 06 ACRES IRF = IRON ROD FOUND 3 0.293 ACRES PR. =PROPOSED 4 0.455 ACRES RES. = RESIDENTIAL 5 0.378 ACRES R.O. W. = RIGHT OF WAY p = PROPERTY CORNER FOUND 858-(1)-12A = 1.717 ACRES p = 518" IRON ROD SET I I Q \ � O ` O Cl- LOT 1 LOT 4 W I J \ LOT 2 LOT 5 LOT 3 0 80' 0' 80' r b GRAPHIC SCALE FINAL SUBDIVISION PLAT FOR PLTH OF THE LANDS OF ANTHONY LEE COOK TO BE KNOWN AS MEADO WFIELD ? OPEQUON MAGISTERIAL DISTRICT u GARY R. OATES FREDERICK COUNTY, VIRGINIA No, 1518-B 1073 Redbud Road Greyftlfe, Inc. Winchester, VA 22603 �qNp � Land Surveying and Consulting GreyWo/felnc@ao/.com S U Rv 540-545-7823 OFC 540-545-4001 FAX FILE NO; 0103 1 DATE; MARCH 23, 2005 SCALE: 1 " = 80' 1 SHEET 2 OF 4 85B-(1)-10 DAYSTAR HEATING & COOLING, INC. DB 790, PG 1582 ZONED: RP USE.• RES. 518"IRF 112"IRF a� (m 85B-(1)-11 DONALD D, & BRENDA G, WELSH DB 756, PG 413 ZONED: RP SHED USE: RES. HED 5 6J 5 58°50'0�" E -190.44' �OP LOT 1 12,422 sf 0.285 ACRES 10, BAL, 85B-(1)-12 MARK & ANNETTE TUTTON #030004055 ZONED: RP 1/2"IRF SHED USE: RES. 5"00qT0TAQ " E 18. 10f 6,R'�' SEWER. EASES " 18� �5r INAGE.fA�EMENT. o !'o , 9„ w N. 58 50 b2 ... 20 pRA, 56 59�— N B. R.L. LOT 2 m mC4 13,346 sf M 0.306 ACRES N 10' B.R,L-� N 54 °2635" W 170, 93' 10' B.R. L. V V o LOT 3 " . m 12,755 sf m 0.293 ACRES 10' B.R.L, ."PROPOSED:10'DRAINA'GEAND."LANDSCAPINGEAS5EMEIVT, . SHED N 50017'34" W-164,83' t 85B-(1)-13 KENNETH F, & SHED PATRICIA L, LINEBERG DB 773, PG 1015 ZONED: RP USE: RES. V CC m HOUSE 0 � 10.24' 10.24' 14,40' 112"IRF FINAL SUBDIVISION PLAT FOR �Px_- f H OF THE LANDS OF ANTHONY LEE COOK TO BE KNOWN AS 1 G u, MEADO WFIELD OPEQUON MAGISTERIAL DISTRICT GARY R, OATES D FREDERICK COUNTY, VIRGINIA No. 1518-B f Ipl 1073 Redbud Road GreyWolfe, Inc. Winchester, VA 22603 �n E��� Land Surveying and Consulting GreyWoifelnc@aoi.com SURv 540-545-7823 OFC 540-545-4001 FAX �_FILENO: 0103 DATE: MARCH 23, 2005 SCALE: 1 " = 30' 1 SHEET 3 OF 4 85B-(1)-8 85B-(I)-9 85B-(1)-10 HAROLD V. GRAY, JR IRMGARD HERMAN DAYSTAR HEATING & DB 373, PG 178 DB 880, PG 33 COOLING, INC. ZONED: RP ZONED: RP I DB 790, PG 1582 I \ USE: RES. USE: RES. ZONED: RP 5/8" USE: RES. IRF t O 5/8"IR S 44°33'00 4 TOTAL) ... , : p - _ . O 1/2 "IRF 1/2 "IRF R. 10 OR,gINAGE & LAiI/DSCAPINGESMT.�. 10'B.R,L, 06= LOT 4 C6 �ri �� moo, 19,822 sf m I 7� \ N \ k- 0.455 ACRES sc �G� \ _ 103 65,93' . �2� 6262°0 - �. N •O --- . \ '� W 168 47 • N 61°52 05 . J 0, 04 N 13.08' 00 W - S 62 ,. 19.48' I �, N . LOT 5 0 , 16,450 sf 0.378 ACRES O 10' •O�ZG 10' B.R.L. • : PR. IO' DRAINAGE & LA NDSCA DING ESMT N 50°17'34" W - 91.62' (TOTAL) 3/41RF )�\ \\ 1/2"IRF 85B-(1)-13 SHED \ KENNETH F. & PATRICIA L. LINEBERG DB 773, PG 1015 ZONED: RP EASEMENT NOTES USE: RES. 1. THE 20' SANITARY SEWER EASEMENT SHOWN IS HEREBY DEDICATED TO THE FREDERICK COUNTY SANITATION AUTHORITY OVERLAPS EXISTING DRAINAGE EASEMENT. 2. A PRIVATE 10' SANITARY SEWER EASEMENT OVER LOT 2 TO BENEFIT LOT 3 IS HEREBY DEDICATED. 3. THE 10' DRAINAGE AND LANDSCAPING EASEMENTS SHOWN ALONG THE PERIMETER IS INTENDED TO DIRECT DRAINAGE FROM NEIGHBORING PROPERTIES, PROPOSED HOUSES ON THE NEW LOTS, AND TOWARDS THE LARGER 20' AND 30' 4, DRAINAGE EASEMENTS IN THE CENTER OF THIS PROJECT. THE LANDSCAPING ASPECT OF THE EASEMENT IS INTENDED TO RECEIVE THE REQUIRED TREE PLANTINGS AS REQUIRED BY THE COUNTY ZONING ORDINANCE SECTION 165-36.A. 5. AN EXISTING 15' DRAINAGE EASEMENT WAS SHOWN ON THE PLAT BY H, BRUCE EDENS ENTITLED "THE MEADOWS" AND RECORDED IN DEED BOOK 363 ON PAGE 664. HOWEVER, THIS DRAINAGE EASEMENT WAS NOT DIMENSIONED INFERRING THAT IT WAS TO BE OVER THE EXISTING SWALE OVER THIS LAND AS IT MIGHT MIGRATE OVER TIME. THIS PROJECT HEREBY INCREASES THE WIDTH OF THIS EASEMENT TO 20' OVER A PROPOSED CULVERT DIRECTING THE FLOW, AND 30' WIDE WHERE IT ENTERS EWING LANE. THIS HAS BEEN DONE TO INSURE ADEQUATE AREA TO ADDRESS ANY FUTURE DRAINAGE ISSUES. FINAL SUBDIVISION PLAT FOR C)F THE LANDS OF ANTHONY LEE COOK TO BE KNOWN AS �PLTH 1 �� MEADO WFIELD D OPEQUON MAGISTERIAL DISTRICT u GARY R, OATES FREDERICK COUNTY, VIRGINIA No. 1518-B 1073 Redbud Road GreyWolfe, Inc. Winchester, VA 22603 �'9 b �'(0 Land Surveying and Consulting GreyWoifelnc@aoi.com S U Rv 540-545-7823 OFC 540-545-4001 FAX FILE NO: 0103 DATE: MARCH 23, 2005 SCALE: 1 " = 30' 1 SHEET 4 OF 4 The Daniel Group, P.C. Attorneys at Law 101 South Loudoun Street Winchester, Virginia 22601 540-678-4731 April 29, 2004 Mr. David Shore 128 Shirley Street Winchester, Virginia 22601 RE: Anthony Cook - Ewings Lane Our file No: 03-020-005 Dear Dave: Post Office Box 12 Winchester, Virginia 22604 Fax 540-678-1819 On Thursday, April 22, 2004, 1 met with Wayne Graham, for an hour, to review his title work to date. He has searched Tony's lot all the way back to Thomas, Lord Fairfax. He has also completed the search on the Racey tact. Copies of the some documents are enclosed for your review. He is continuing to work on the Scothorn tracts. He specifically inquired as to whether there were any old homes (150 or more years), known to exist on the former 800 Ewing acres, but I did not know of any. In summary, the park is subject to the same covenants and restrictions as the rest of The Meadows. However, Wayne is confident that Tony owns the underlying fee to the Ewing's Lane strip on his land, and that there is no record of a right of way granted to anyone. Based upon his experience, it appears that this was an access road used for many years by the Ewings and some of their successors in interest. It appears of record mostly as a reference point for physical descriptions, and as egress reference. Accordingly, it is my legal opinion that, while prior property owners may have been able to claim a prescriptive easement, any such claim has been abandoned by the non-use of Ewing's lane over Tony's parcel for the last thirty years. Obviously, I will provide you with the Scothorn information as soon as it is completed. Please advise me of what else you might need for your dealings with the county. I have also enclosed a copy of the covenants and restrictions for the meadows, for your reference in making your plans. I must be clear that I will not be assisting in any matters relating to the subdivision or other use of this property, but I am happy to share my file subject to Tony's consent with anyone whom you designate. I remain, MSincere , A / ary ' Attorney at Law f. -ic (L A� MLCD/Ir Enc: Documents cc: File CvIL 4'e Ali Client ! { r✓I W:\03-020\005\00005669.WPD > 1 q •wwwwwwwwwwwwwwwwawwwwwwwww 31 • 1FiE MEADOWS SUBDIVISION • DEED OF'DEDICATION • rw««.«.�►.+..wr.+r+►»wwwwwwr�►+w tu)r 363 r�."E 658 THIS DEED OF DEDICATION AND DECLARATION OF PLAT for "THE MEADOWS" SUBDIVISION, made and dated this /i It day of May, 1 WHEREAS, Fredericktowne Company desires to dedicate, plat and subdivide that certain parcel of land containing 33.566 acres, more or less, which comprises part of that certain parcel of land containing 31. 545 acres conveyed to that corporation by Deed dated the 15th day of April, 1970 from Robert K. Stickley, Executor and Trustee under the Will of Mary Evelyn Stickley, Deceased, recorded in Deed Book 362 at Page 556 in the Office of the Clerk of the Circuit Court of Frederick County, Virginia and a part of that certain parcel of land containing 2.421 acres conveyed to that corpora- tion by Deed dated the 10th day of April, 1970, from 1larry L. Fake and Mary Etta Fake, his wife, recorded in Deed Book 362 at Page 553 in the Office of the Clerk of the Circuit Court of Frederick County, Virginia. NOW THEREFORE, this Declaration of Plat. WITNESSET is , The platting and / or dedication of the following described land, which lies a short distance South of Virginia Route 277 about one-half mile East of Stephens City in Opequon Magisterial District, Frederick County, Virginia, is with the free consent and in accordance with the desires of the undersigned owner, Fredericktowne Company, a Virginia Corporation, as evidenced by the signature of its President and attestation of its Secretary, Beginning at an iron pin in the South boundary line of Virginia Route 277 at the Northwest corner of the Guard Lot; thence with the two following courses there- of; S 07 deg. 23 min. 12 sec. W-418.37 ft. to an iron pin; thence S 61 deg. 38 min. 27 sec. E-203.60 ft. to an iron pin at the Southwest corner of the Bowman Land; thence with the said Bowman Land S 61 del;. 55 min. 2:3 sec. E-915.32 ft. to a post at the Southeast corner of the Bowman Land and the Northwest corner of the Neff Lot; thence with the West lines of the Neff lot and the I �11 r roK 363 uu 65J9 Ritenour Land S 43 deg. 37 min. 58 sec. W-1589.78 ft. to a post, corner to Ritenour in the North Line of the Racey Land; thence with the said line of Racey N 42 deg. 57 min. 00 sec. W-578.79 ft. to an iron pin at the Southeast corner of a ten foot reserved strip along Ewings Lane retained by the said Fredericktowne Company; thence with the seven following courses thereof; N 20 deg. 47 min. 52 sec. E-310. 19 ft. to an Iron pin; thence N 19 deg. 12 min. 07 sec. E=86. 66 ft. to an iron pin; thence N 07 deg. 06 min. 19 sec. E-86.58 ft. to an iron pin; thence N 05 deg. 06 min. 40 sec. E-278.47 ft. to an iron pin; thence N 03 deg. 35 min. 22 sec. E-103. 36 ft. to an iron pin; thence N 06 deg. 33 min. 38 sec. E-564.25 ft. to•an iron pin; thence N 04 del;. 44 min. 25 sec. E-304.33 ft. to an iron pin at the Northeast corner of the said ten foot reserved strip in the South boundary line of Virginia Route 277; thence with the said boundary line of Virginia Route 277; S 83 deg. 29 min. 50 sec. E-289.99 ft. to the beginning. This real estate is the same real estate as described by the metes and bounds hereinabove and is shown on the attached Plat dated the llth day of May, 1970, prepared by H. Bruce Edens, Certified Land Surveyor. The lots in this subdivision are specifically subject to the following covenants, conditions, reservations and restrictions which shall apply to each and every lot shown on the attached Plat except where reserved as herein provided. 1) Residential Use: Each lot shown on the attached Plat of "THE MEADOW— SUBUIV SION shall be used for residential purposes only, except for lots specifically designated commercial thereon. Not more than one singl family dwelling house shall be erected on each said lot, except that duplex homes (meaning single structure two-family dwellings) may be erected, but only upon a minimum of one and one-half lots as shown on the attached Plat. Such one and one-half lots shall be deeded as a single tract for each duplex structure, subject to the "Further Subdivision" limitations otherwise stated hereunder. No business or occupation of any kind other than a home occupa- tion shall be carried on or permitted upon subject residential lots. A home occupation is defined -to be an occupation carried on by the occupant of a dwelling as a secondary use in connection with which there is no display, and no one is employed other than members of the family residing on the premise, 2) Character of Building: No building shall be erected upon said lot shown on the attached Plat which shall contain less than Nine Hundred Sixty (960) square feet floor area for a single story building, nor Six Hundred (600) square feet ground floor area for a multiple story dwelling and such structures facing a street must be at least Twenty-five (25) feet wide. Such areas shall be exclusive of porches, patios, carports, basements and attics. Any garage, carp rt or car shelters, pet shelters or dog house constructed on said lots shall a attached to and be a part of the main structure. Any building con : upon each lot shall be completed within twelve (12) months from the dat of commencement. No trailer nor mobile home shall be placed upon any lot no storage or temporary structure shall be placed upon or erected upon a iy lot shown on the attached Plat. Fredericktowne Company reserves the ri t4G-determine what structure is to be regarded as a two story dwelling so long as any lot in the subdiy_v_i`s1bqIs unsold. Thereafter, this covenant will be enforceable by any lot owner-,, -2 - U-0K 353 FA,JE 660 3) Set Back Lines: No structure including covered porches or covert patios shall be less than Thirty (30) feet from any street shown on the attached Plat. The minimum side yard for each main structure shall he Ten (10) feet with the width of both side yards a minimum of 'Twenty (20) feet. Lich main structure shall have a rear yard with a depth of Thirty-five (:35) feet or more. 4) Easements: There shall he service easements for each lot for all public utilities upon any of the lots shown which shall exist at the location of such utilities at the date each lot is conveyed, or shall be located as such utilities are actually extended to the individual lot after the call for connec- tion by the lot owner. 5) Further Subdivision: No lot on the attached Plat shill at any time be subdivided, conveyed, leased nor sold except as a whole, unless such subdivision, conveyance, lease or sale involves multiple lots so that each of the portions into which the lots are divided for the purpose of sub- division, conveyance, lease or site results in the lots being; created for the purpose of such subdivision, conveyance, lease or sale, as well is each of the lots remaining after such subdivision, conveyance, lease or sale, being of a size larger than the lots as shown on the Plat which is recorded with this Deed of Dedication of this subdivision. 6) Fences: No fence, hedge or other visual barriers shall be crecte in the front yard of any lot shown on the attached Plat; fencing of back yards may include side yards to tt limit of one half the depth of each dwelling. All fences, hedges or similar barriers must be kept in good repair. 7) Surface Water: No owner of any lot shown on the attached Plat shill Interfere with the natural drainage of surface water from Such lot to the detriment of any other property shown on said Plat. 8) Sanitation: No septic tanks or wells shall be constructed upon any of the said lots shown on the attached Plat. 9) Signs: No billboards or signs of any kind shall be erected, main- tained or displayed for any commercial purpose, except for temporary signs advertising the sale or rent of real estate on which such sign i, located with no sign to exceed Six (6) square feet in area. 10) Vehicles: No commercial vehicles or trailers, mobile homes or campers shall be kept on any numbered lot shown on the attached Plat except during the course of construction or addition to buildings, unless they are housed in suitable shelters. No vehicle may he parked for a period greater than Ninety (90) days on any numbered lot as shown on the attached Plat nor on any platted. street which vehicle does not have a currently valid Virginia inspection windshield sticker. 11) Unimproved Lots: All unimproved lots shown on the attached Plat shall be kept free of undergrowth, brush, trish and debris. In the event any lot shall not be so kept free, the Grantor may remove the same after Ten (10) days notice to the lot owner by certified or registered mail and may assess the cost thereof to the owner and the failure to pay ti►e same within Ninety (90) days shall constitute a lien upon the lot sold here- under. -3- o ,- K 353 FAA 661 12) Enforcement: The provisions herein contained shall run with and bind the land and each is enforceable by Fredericktowne Company, its assigns and successors in title and by any owner of any numbered lot. And the failure of any of them to enforce any covenants, conditions, reservations or restrictions contained herein shall not be deemed to be a waiver of the right to do so thereafter as to a default occurring prior or subsequent thereto. Furthermore, the declaration of invalidity of any one or more of the provisions herein contained shall not affect the validity of the others. All of the covenants and restrictions herein shall be binding and remain in full force and effect until July 1, 1985, and shall be renewed thereafter automatically for additional successive Ten (10) year periods, unless the owners of a majority of the subdivided lots in this subdivision shall, at least Six (6) months prior to any such renewal date, execute and record an agreement superceding, altering or abrogating the covenants and restric- tions herein contained, and record such agreement among the land records in the aforesaid Clerk's Office and giving public notice by publishing such proposed agreement superceding, altering or abrogating the covenants and restrictions herein or any one or more of them, at least Six (6) months prior to the expiration of any such period in some newspaper having general circulation within Frederick County. 13) Animals: No livestock and fowls, such as cattle, horses, hogs, goats, sheep, turkeys, ducks and chickens, shall be kept or main- tained on any lot. 14) All land areas other than streets have title reserved in Fredericktowne Company and are not, because of any designation as park area or otherwise, dedicated thereby to public use. 15) Fredericktowne Company reserves the right alone to waive any one or all of the restrictive covenants, conditions, reservations and restrictions as to the sale or transfer of any future lot or lots except that it cannot reduce lot size nor change the development from residential to commercial except as shown on the Plat at the date of record. This waiver shall not affect the binding effect of the covenant's conditions upon any other lots. Fredericktowne Company does further reserve the right alone to impose additional restrictive covenants, conditions, reservations and restrictions as to the sale and transfer of any further lot or lots and such imposition shall not affect the binding effect of these provisions upon any other lots. 16) The covenants and restrictions herein contained shall not impose any restraint on any portion of land now owned or hereafter acquired by Fredericktowne Company, its assigns or successors in title, or adjoining, adjacent to or otherwise related in any way to "THE MEADOWS" SUBDIVISION as shown on the attached Plat. SecEetary FR EDER 1CKTOW NE COMPANY By Pr sident -4- STATE OF VIRGINIA Of To -wit: I, �.L6G(6.I- �. a Notary Public in and for the State and ✓ afores: id, hereby. certify that as President and as Secretary, whose names are signed to the foregoing instrument, bearing date the /L 14- day of May, 1970, have personally appeared before me in my and State aforesaid, in name and behalf of the said Fredericktowne C—ompany, made oath that they are the President and Secretary of the said Fredericktowne Company respectively; seal affixed to the said instrument is the true and co porate seal of said Fredericktowne Company; that the same has been affixed thereto by due authority. My Commission expires 9), 7/ Given under my hand and seal this � day of May, 1970. cl I.ALZ, •'�lit� o Notary Public SEAL: I �il M TRANSMITTAL LETTER GREYWOLFE, INC. �- 1073 REDBUD ROAD • WINCHESTER, VA 22603 _ - (540) 545-7823 9 (540) 545-4001 FAX 1� GREYWOLFEINC@AOL.COM Frederick County Subdivision Administrator May 3, 2005 107 North Kent Street Winchester, VA 22601 Attn: Mark Cheran Subject: Clifton & Bunney Lewis Subdivision Dear Sir: Attached is a copy of the comment letter from the Department of Inspections. Please call with any questions you may have. Thank you, Gary Oates, LS, EIT GreyWolfe, Inc -71 - -- ----- M AY " 3 2005 ILI FP�I l0 10UNTY ,MN NIT -1-05 J„x) a& mmum-DUEST FOR %MDMSION CO rp MAY 1 USL1 Frederick County Inspections Department Attn: Building Official 107 North Kent Street, Suite 200 Winchester, Virginia 22604 (540)665-5650 The Frederick County Inspections Department is located at 107 North Kent Street, 2nd Floor ofthe County Administration North Building in Winchester, if you prefer to hand deliver this review. Applicant's name, address and phone number: Gary R. Oates ,.► GreyWolfe, Inc. 1073 Redbud Road, Winchester, VA 22603-4757 Name of development and/or description of the request: Meadowfield - Proposed 5 lot subdivision Location: 300' south of the intersection of Route 1020 (Highlander Rd) and Rt 1021 (Meadowbrook Dr) and bounded on the west by Ewing's Ln Inspection Department Comments: V Code Administrator Signature & Date__ (NOTICE TO INSPECTIONS DEPT. THIS It is your responsibility to complete this form as accaratdy as possible in order to assist the aguicy with their rtiview. Also, please attach a copy of your appl cWw form. location mrap and all od" pertinent information. —20— RECEIVED � z.; e. �°�E1itiP�a` Dwellings shall comply with The Virginia Uniform Statewide Building Code and the International Residential Code/2000. Additional engineering may be required on the foundations of lots # 4 and #5 because of the slopes. M AY 1 2 2005 L_ f r REQUEST FOR SUBDIVISION COMMENTS PLH " " n Frederick County Public Works Department Attn: Director of Public Works/Engineering 107 North Kent Street, Suite 200 Winchester, Virginia 22601 (540) 665-5643 The Frederick County Engineering Department is located at 107 North Kent Street, 2nd Floor of the County Administration North Building in Winchester, if you prefer to hand deliver this review. Applicant's name, address and phone number: Gary R. Oates N GreyWolfe, Inc. 1073 Redbud Road, Winchester, VA 22603-4757 Name of development and/or description of the request: Meadowfield - Proposed 5 lot subdivision Location: 300' south of the intersection of Route 1020 (Highlander Rd) and Rt 1021 (Meadowbrook Dr) and bounded on the west by Ewing's Ln Signature and Date: (NOTICE TO ENG' .S/ /ru G DEPT.*PLEASE RETURN THIS FORM TO APPLICANT.) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assistC� with their review. Also, please attach two copies of your plans and/or applicationform, G MAR 9 !j, i,;jl MENU CtiWN FAUC WM & mSPECTIONS 4 REQUEST FOR SUBDIVISION COMMENTS Frederick County Public Works Department Attn: Director of Public Works/Engineering 107 North Kent Street, Suite 200 Winchester, Virginia 22601 (540) 665-5643 The Frederick County Engineering Department is located at 107 North Kent Street, 2nd Floor ofthe County Administration North Building in Winchester, if you prefer to hand deliver this review. Applicant's name, address and phone number: Gary R. Oates N GreyWolfe, Inc. 1073 Redbud Road, Winchester, VA 22603-4757 Name of development and/or description of the request: Meadowfield - Proposed 5 lot subdivision Location: 300' south of the intersection of Route 1020 (Highlander Rd) and Rt 1021 (Meadowbrook Dr) and bounded on the west by Ewing's Ln Signature and Date: (NOTICE TO ENG� -�/N G DEPT.*PLEASE RETURN THIS FORM TO APPLICANT.) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist with their review. Also, please attach two copies of your plans and/or applicationorm. MAR FREOEMOK Frederick County Public Schools Administrative Assistant to Visit us at www.frederick.k1Zva.us e-mail: the Superintendent kapocsisWrederick.k12va.us May 23, 2005 Mr. Gary R. Oates GreyWolfe, Inc. 1073 Redbud Road Winchester, VA 22603 Dear Mr. Oates: RE: Meadowfield-Proposed 5 Lot Subdivision This letter is in response to your request for comments concerning the application for the proposed Meadowfield Proposed 5 Lot Subdivision. Based on the information provided, it is anticipated that the proposed 5 single family homes will yield 1 high school student, 1 middle school student, and 2 elementary school students for a total of 4 new students upon build -out. Significant residential growth in Frederick County has resulted in the schools serving this area having student enrollments exceeding the practical capacity for a school. The cumulative impact of this project and others of similar nature coupled with the number of approved, undeveloped residential lots in the area and other projects will necessitate future land acquisition for the purpose of a new school facilities to accommodate increased student enrollments. The impact of this subdivision on current and future school needs should be considered during the approval process. Respectfully yours, ASteph Administrative Assistant to the Superintendent SMK/dkr cc:. William C. Dean, :Ph.D., Superintendent of Schools 540-662-3889 Ext 112 1415 Amherst Street, Post Office Box 3508, Winchester, VA 22604-2546 FAX 540-662-3890 K&DUM FOR SUBDIVISION COMM,r,�ITS Virginia Department of Transportation Attn: Resident Engineer 14031 Old Valley Pike Edinburg, Virginia 22824 (540) "4-SM The local office of the Transportation Department is located at 2275 Northwestern Pile in Winchester if you prefer to hard deliver this form. Applicant's name, address and phone number. GreyWolfe, Inc N Gary R. Oates 1073 Redbud Road Winchester, VA 22603-4757 540-545-7823 phone N 540-545-4001 fax Flame of development and/or description of the request: Meadowfield Subdivision - 5 lots to be created. 3 entrances on Route 1021 and 2 entrances on Route 1065 Location: Located 300' south of the intersection of Rt. 1021 and Rt. 1020 Property is bounded by Ewina's Lane and Route 1065 on the west Va. Dept of Transportation Comments: .. . - / .. r . 1 1• u- �.tl r- ■� . . • • • • •- ra. • u- • ••.-•• •5551 • MI 1-z,• • •i MM: • (J 1 1 1 0-11 "16-1 • •- 1 rem 1IT;:Jff• -• • /• r. •. • • • • -• - • -1forllf IN11111 II NIOTICE TO APPLICANT It is your responsibility to eompkte this form as accurately as possible in order to assist the agency with their review. Also, please attach two (2) copies of your application form, location map and all other pertinent information. C Fredecli* on ty Fire marshal Ams Fire marshal , 107 mortti Lemt Street Virginia 22f01 (540) 665-6330 The Frederick County Fire Marshal is located at 107 North Kent Street, 1st floor of the County Administration Building in Nindbester, if you prefer to hand deliver this review fors. applicant's name, a40sess and phone ambers Gary R. Oates N GreyWolfe, Inc. 1073 Redbud Road, Winchester, VA 22603-4757 Mme of 4eV620psent and/or description of the request: Meadowfield - Proposed 5 lot subdivision Locations 300' south of the intersection of Route 1020 (Highlander Rd) and Rt 1021 (Meadowbrook Dr) and bounded on the west by Ewing's Ln Fire marshal Comments Fire Marshal signature 6 Date (NOTICE TO PIM MARSHAL - PLEASE R THI FORM To APPLICANT.) It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach a copy of your application form, location map and any other pertinent information. -21- Control number SD05-0012 Project Name Meadowfield Address 1073 Redbud Road Type Application Subdivision Current Zoning RP Automatic Sprinkler System No Other recommendation Emergency Vehicle Access Adequate Siamese Location Not Identified Emergency Vehicle Access Comments Access Comments Frederick County Fire and Rescue Department Office of the Fire Marshal Plan Review and Comments Date received 4/5/2005 City Winchester Tax ID Number 856-1-12A Date reviewed 4/11/2005 Applicant GreyWolfe Inc. State Zip VA 22603 Fire District 11 Recommendations Automatic Fire Alarm System No Hydrant Location Adequate Roadway/Aisleway Width Adequate Date Revised Applicant Phone 540-545-7823 Rescue District 11 Election District Opequon Residential Sprinkler System Yes Fire Lane Required Yes Special Hazards No Additional Comments Water.supplie': `v ili'�. ghf ng shall rneet the requirements Of IFrecderick '"O',;n"T C',ode section 90-4. Plan Approval Recommended Reviewed By Signature �� • Yes Timothy L. Welsh _;, Title _; � " 'i' Frederick County Inspections Department Attn: Building Official 107 North Kent Street, Suite 200 Winchester, Virginia 22604 (540)665-5650 The Frederick County Inspections Department is located at 107 North Kent Street, 2nd Floor of the County Adnvnistration North Building in Winchester, if you prefer to hand deliver this review. Applicant's name, address and phone number. Gary R. Oates N GreyWolfe, Inc. 1073 Redbud Road, Winchester, VA 22603-4757 Name of development and/or description of the request: Meadowfield - Proposed 5 lot subdivision Location: 300' south of the intersection of Route 1020 (Highlander Rd) and Rt 1021 (Meadowbrook Dr) and bounded on the west by Ewing's Ln Inspection Department Comments: 0 Code Administrator Signature & Date: -J- (NOTICE TO INSPECTIONS DEPT. E RETURN THIS It is your msponsibility to complete this form as accurately as possible in order to assist the agaicy with their ruvicw. Also, please attach a copy of your application form, location map and all other penincrd information. —20— MAR �l ,, fit ilif� ,riTGilUti`s Dwellings shall comply with The Virginia Uniform Statewide Building Code and the International Residential Code/2000. Additional engineering may be required on the foundations of lots # 4 and #5 because of the slopes. FCSA _. 7PR5 2005 REQUEST FOR SUBDIVISION CONIIVIENTS5 Frederick County Sanitation Authority Attn: Engineer Director P.O. Box 1877 Winchester, Virginia 22604 (540) 868-1061 The Frederick County Sanitation Authority is located at 315 Tasker Road in Stephens City, Virginia, if you prefer to hand deliver this review. Applicant's name, address and phone number. GrevWolfe, Inc N Gary R. Oates 1073 Redbud Road Winchester, VA 22603-4757 540-545-7823 phone N 540-545-4001 fax Name of development and/or description of the request: 2 lot subdivision by Miller Heights Location: East side of Rt 780 (Stanley Drive) & 800' from intersection with Rt 50 Ea Sanitation Authority Comments: Sanitation Authority Signature &Date. /` fQd' (NOTICE TO SANITATION A ORITY * RETURN THIS FORM TO APPLICANT.) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach a copy of your application form, location map and all other pertinent information. a REQUEST FOR SUBDIVISION COMMENTS Frederick County Sanitation Authority.- Attn: Engineer Director P.O. Boa 1877 Winchester, Virginia 22604 (540) 868-1061 The Frederick County Sanitation Authority is located at 315 Tasker Road in Stephens City, Virginia, if you prefer to hand deliver this review. Applicant's name, address and phone number. GrevWolfe. Inc N Gary R. Oates 1073 Redbud Road Winchester, VA 22603-4757 540-545-7823 phone N 540-545-4001 fax Name of development and/or description of the request: Meadowfield Subdivision - 5 lots to be created. Location: 300' south of the intersection of Route 1020 (Highlander Rd) and Rt 1021 (Meadowbrook Dr) and bounded on the west by Ewing's Ln • AAYL,,4,4 o/Z7 .2-4-3 • G"Q Otc 44 J/,4� A SWlffTs Sanitation Authority Signature & Z!��ORIT�Y* 17 A (NOTICE TO SANITATION RETURN THIS FORM TO APPLICANT.) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach a copy of your application form, location map and all other pertinent information. O o � y O O O RECEIVED FROM a AD RESS r a Q O N O FOR IIIIIIHI!f U bA O cam/] AMT. OF ACCOUNT �IIIIIII ""� • U AMT. PAID (raw ^ BALANCE DUE wa�kn g DATEY 1 `. ' t # l .c ,) (l r CASH CHECK LLARS $ Document Approval Fo i'APR 2 5 200i FREDER1" COUNTY PLAT, , G & DEVELOPfl�ENT x PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TIME OF YOUR APPROVAL. IF THIS DOCUMENT DOES NOT MEET YOUR APPROVAL PLEASE PROVIDE COMMENTS AS TO WHAT YOU WOULD LIRE TO HAVE COMPLETED. INITIALS DATE & TIME Candice David (::Mark' Susan Eric COMMENTS: Received by Clerical Staff (Date & Time)_ r �� `� I2 �; 5 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC MEETING May 4, 2005 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS RE: WAIVER REQUEST FOR ANTHONY COOK AND SUBDIVISOIN APPROVAL FOR #17-05 OF MEADOWFIELD On behalf of the Frederick Planning Commission, you are hereby notified of a public meeting being held on Wednesday, May 18, 2005, at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia. On behalf of David Shore, applicant and Anthony Cook, owner of this property, GreyWolfe, Inc., is requesting a landscaping easement waiver of Frederick County Zoning Ordinance, Article VI, RP Residential Performance District, Section 165-63.C, Open Space Requirements. GreyWolfe, Inc., is also requesting that curb, gutter, sidewalk, and streetlight requirements be waived under Frederick County Code, Article V, Design Standards, Section 144.17.L, Streets, Section 144-18, Sidewalks and Pedestrian Walkways, and Section 144-19, Streetlights. The subject property is located 300 feet south on Meadowbrook Drive (Route 1021) from the intersection with Highlander, and is identified by Property Identification Number 85B-1-12A in the Opequon Magisterial District. Any interested parties may attend this meeting. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.co.frederick.va.us. Sincerely, F� A" -Mark R. an Zoning Administrator MRC/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certify that the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick County, Virginia: 85B - 1- - 12-A COOK, ANTHONY LEE PO BOX 1142 STEPHENS CITY, VA David Shore 2045-A Valley Avenue Winchester, VA 22601 HP&I Gary Oates Grey Wolfe, Inc. 1073 Redbud Road Winchester, VA 22603 1VPL 85B - 1- - 8- GRAY, HAROLO V. JR. 85B - 1- - 11- Q WELSH, DONALD D & BRENDA G G 122 HIGHLANDER RD STEPHENS CITY, VA 22655.2914 22655-1142 85B 1 12- TUTTON, MARK & ANNETTE 124 HIGHLANDER RD STEPHENS CITY, VA 22655-2914 85B - 1- - 70- BORROR, DANIEL L & MARY T 105 MEADOWBROOK DR STEPHENS CITY, VA 22655-2926 85B - 1- - 71- EDWARDS, THOMAS LYNN, JR 116 HIGHLANDER RD STEPHENS CITY, VA. 22655.2914 85B - 1- - 9- HERMAN, IRMGARD 118 HIGHLANDER RD STEPHENS CITY, VA. 22655.2914 85B - 1- - 10- DAYSTAR HEATING & COOLING, INC 181 SASSASFRAS LN CLEARBROOK, VA 22624.1464 107 MEADOWBROOK OR STEPHENS CITY, VA 22655-2926 85B - 1- - 72- MOGLE, LESLIE A & SUMPTION, CHRISTOPHER RANDAL 109 MEADOWBROOK DR STEPHENS CITY, VA 22655.2926 Mark R. Cheran Zoning & Subdivision Administrator Frederick County Planning Dept. STATE OF VIRGE10A COUNTY OF FREDERIC I, a Notary Public in and for the State and County aforesaid, do- he#by certify that Mark . Cheran, Zoning & Subdivision Administrator, for the Dep ent of Planning and Development, whose name is signed to the foregoing, dated has personally appeared before me and acknowledged the same in my State an County aforesaid. Given under my hand this _-Lr��� day of2�C 22— 0 My commission expires on GO 85B - 1- - 13- LINEBERG, KENNETH F & PAl A LINN 110 MEADOWBROOK DR STEPHENS CITY, VA 22655.2925 85B - 2- 1- 49- ADAMS, DAVID C. & KAREN M. 206 RIDGEFIELD AVE STEPHENS CITY, VA. 22655.2943 85C -1- 2- 50- MERRITT, JONATHAN D & SABATIS, GINA M 208 RIDGEFIELD AVE STEPHENS CITY, VA 22655 85B - 1- - 69- ATKINSON, JANET M 103 MEADOWBROOK DR STEPHENS CITY, VA 22655-2926 .10. -41' g5-5 /-/,)A 9. List of Adjoining Properties. the following names and addresses are -)f the individuals, firms, or corporations owning property adjacent to the property for which, is being a crrdaor co so 1V ara • xc t�R Processing sought, including properties at the sides, rear, and in front of (acre FROM: Bev - Pl ing Dept. property. (Use additional pages if necessary.) These people will be Please p n sets of labels by: application.4 c f O THANKS111 NAME HAROLD V. GRAY, 7R AddresS . 116 HIGHLANDER RD, STEPHENS CITY, VA, 2265 propertym # SSB-1-8 IRMGARD HERMAN Address 118 HIGHLANDER RD, STEPHENS CITY, VA, 2265 Property ID # SSB-1-9 DAYSTAR HEATING & COOLING, INC. Address 181 SASSASFRAS LN, CLEARBROOK, VA, 2262 Property ID # 85B-1-10 DONALD D. & BRENDA G. WELSH Address 122 HIGHLANDER RD, STEPHENS CITY, VA, 2265 property ID # 85B-1-11 MARK & ANNETTE TUTTON Address 124 HIGHLANDER RD, STEPHENS CITY, VA, 2265 Property ID # 85B-1-12 DANIEL L. & MARY T. BORROR Address 105 MEADOWBROOK DR, STEPHENS CITY, VA, 2265 property ID # 85B-1-70 THOMAS L. EDWARDS, ]R Address 107 MEADOWBROOK DR, STEPHENS CITY, VA, 2265 Property ID # 85B-1-71 LESLIE A. MOGLE & CHRISTOPHER SUMPTION Address 109 MEADOWBROOK DR, STEPHENS CITY, VA, 2265 PropatyID# 85B-1-72 KENNETH F. & PATRICIA L. LINEBERG Address 110 MEADOWBROOK DR, STEPHENS CITY, VA, 226 Property ID # 85B-1-13 �RY L. D AV E 981 CA O A DR, MA S URG, WV, 1 Prop 85C-1- DAVID C. & KAREN M. ADAMS Address 206 RIDGEFIELD AVE., STEPHENS CITY, VA, 22655 rprwerty ID # 85B-2-1-49 1 Cry �4 -J. na`.- L,._n j�, f �S✓�G �„ - �- �� z-,V g �� ,4„�. - Page 2 - z2 A / 0 3 M ""Ar-o k Dr sj-e� � e $4$ (y vA _ 4 6-rr COUNTY of FREDERICK Department of Planning & Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 me V? AnLhony C00k, 5546 Valley Pike Stephens City, VA 2,655 X"17 .F-'XP RT)V- TV' COOK PO DOX 1142 STEPHENS CITY VA 2265S--1142 RETURN TO SENDER t50-99999 itn/ms /2/87 i in C4 oa' ~+ 4. t T cP, #756 FREDERICKTOWNE COMPANY TO: DEED * ' LEWIS M. COSTELLO B9630PG543 THIS DEED made and dated this L)I4,ay of 1987. by and between PredQricktovne ComPaPY, a Virginia 1 corporation, party of the first part. and Lewid M. Costello, ; party of the second part. ti WITNESSETH: That for and in consideration of the sum +1 of Ten Dollars ($10.00) and other good and valuable considera- tion, the receipt of all of which is hereby acknowledged, and pursuant to Section 337 of the Internal Revenue Code, the party of the first part does hereby grant and convey with general warranty of title, unto the party of the second part, his heirs, successors and siusigns. the following described property and appurtenances tlaareunto belonging: Parcel 1: All that certain tract or parcel of land, together with the improvements thereon and the appurtenances thereunLo belonging, lying and being situate ` in Opoquon Magisterial District, Frederick County, Virginia, and being more particularly described as that certain lo' strip located along the western boundary of Commercyal Lot "A". Lots 1 through 8, the y park l:catd and Lots 13 through 17, "The Meadows" Subdivision, said lo' strip being more particularly described on the decd of 4 dedication and declaration of plat dated May 11, 1970 and recorded in the Office of the Clark of the Circuit Court of Frederick County, Virginia, in Deed Book 363 at Page 658. and being a portion of the same property acquired by the party of the first j part by (a) deed from Harry L. Fake, et ux, 1 dated April 10. 1970 and recorded in the aforesaid clerk's Office in Deed Book 362 at Page 553 and (b) deed from Robert K. Stickley. Executor and Trustee, dated April 15. 1970 and'rococded in'tht aforesaid E Clerk!e'Office-in Deed Book 362 at Page 556. Parcel 2: All that certain tract or E parcel of land.'together with the improvener.ts thereon and the'appurtenancea theraunto belonging. -lying and being situate in Opequon Magisterial District, Frederick County. Virginia. containing 72.393 square feet, and being designated as "Park" on the deed of dedication and declaration of plat of "The Meadows" Subdivision, dated May 11. 1970 and recorded in the aforesaid Clerk's Office.in Dead Hook 363 at Page 658, and being a portion of the same property 1 '� 544 y OnG38PG544 acquired by the party of the first part by dead from Robert K. Stickloy. Executor and TcustsO. dated April 15, 1970 and recorded in the aforesaid Clerk's Office in Deed Book 362 at Page 566. Parcel 3: All that certain tract or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, lying and being situate in opequon Magisterial District, Frederick County, Virginia, more particularly described as Lot 3, Section A. Valley Farms, on that certain plat made by Richard U. Goode, c.8., dated September, 1957 and recorded in the aforesaid Clerk's Office in Deed nook 250 at Page 131, and being a portion of the same property acquired by the party of the first part by deed from Robert K. Woltx, at ux, dated March 8, 1972 and recorded in the aforesaid Clerk's Office in Deed Book 387 at Page 485. Parcel 4: Any and all other lots, tracts or parcels of land and any and all right, title, interest or privilege in and to any land owned by the party of the first pact located i.n Frederick County. Virginia, including. but not limited to, any and all rights of the party of the first part to amend certain of the covenants and conditions specified in the deed of .dedication of "The Meadows" Subdivision. ...dated May 11. 1970 and recorded in the aforesaid Clerk's Office in Deed Book 363 at =.r Page 658. and in the various deeds of dedication for sections I and III. rcedecicktowne Subdivision, said rights having been reserved in said deeds of dedication. r'< ci" a '; Reference is here made to the aforesaid instruments I.and lao.sttachmeats and the c•fec*nces therein contained for a ,turther:aad nose particular description of the property hereby 46 • This conveyance is,nags•aubJoctto all duly recorded aad'entorceabl• restrictions, *&sensate and rights of way. The party of the ficst•pact covenants that it has a. eight to conv*r said property to the party of the second pacts that it has done no act to encumber said property; that it will execute such further assurances of title to said property as 0d. � L1 BK630PG545 may be requisite; that it is ssizGd in fee simple of the property conveyed; and that the patty of the second past ahall have quiet possession of said property froe from all encumbrances. The party of the first part covenants that all neces- sary and proper corporate action has been taken to authorize this sale and the execution, acknowledgement and delivery of this deed. gITNEss the following signature and Goal: FREDLBICK OHNE COME` By SEAL; t STATE Or VI4 "ZNIA lL oz'A•� , Or TO -Witt The foregoing instrument was acknowledged before me by Noel X. Borden. who is President of rcedericktowne Company. a Virginia cocpocation.•on behalf of said corporation. Given under my hand this ,��day at urn-u 1. 1987. IW commission expires n�M F11�7tlClE r+ourm. WE. ' � p q w..e.M.Kd.raoaw.o�od�krebar.�.n�i%n_..ra h�Na ._ .!4Q� ,t-. �:� � M ana r� aMakob of rduwwdtmwN Ilrr�ro wwM d.. I /ZJ/UZ 1hU U Z : J 4 VAA U 0 Z U 16x41R BK957PG000 3� THIS HEED OF GIFT„ made and dated this-�%�' day of 2000, by and between Joy H. COSTELL Q, individually, and Joy H. COSTELLO AND Lewis Michael COSTECo-Executors and Co -Trustees of the Estate of Lewis Meyer Costello, hereinafter referred to as Grantors: and Anthony L. CQOK, hereinafter referred to as Grantee. WITNESSETH: That for and inconsideration of the sum of One Dollar ($1.00), cash in hand paid, and other good and valuable consideration, the sufficiency and receipt of which ie hereby acknowledged, the Grantor, Joy H. Costello, individually, does hereby grant and convey, with General Warranty and English Covenants of Title, and the Grantors, Joy H. Costello and Lewis Michael Costello, Co-Executora and Co -Trustees of the Estate of Lewis Meyer Costello, do hereby grant and convey with Special Warranty of Title, unto the said ANTHONY L. COOK, is fee simple, the following described property located in the County of Frederick. Virginia (the 'Property"): All of that certain tract or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, lying and being situate in Opequon Magisterial District, Frederick County, Virginia, containing 72,393 square feet; and being designated as 'Park' an the deed of dedication and declaration of plat of 'The Meadows" Subdivision, dated May 11, 1970 and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 363 at Page 658: AND BEING a portion of the same property acquired by Lewis M. Costello by deed from, Fredericlktowne Company, a Virginia corporation, dated February 4.1987. and of record in the aforesaid Clerk's Office in Deed Book 638 at Page 543. The said Lewis Meyer Costello is now deceased and his last will and testament is of record in the aforesaid Clerk's Office in Will Book 103 at Page 1804. DIU UZ:34 r•ea U6ZU Wi V 1 '! BKgs 7 pco0o2 Reference is here made to the aforesaid instruments and the attachments and the references therein contained for n further and more particular description of the property hereby conveyed. This conveyance is made subject to easements. conditions and restrictions of record insofar as they may lawfully affect the Property. WITNESS the following signatures and seals: 11 _(SEAL) . COSTELLO. Individually 1r (SEAL) COSTELLO. Co -Executor and Co-Trustse Or the Estate of Lewis Meyer Costello c%%ALE J� BEAU WIS MICHAEL COSTELI.o, Co -Executor and Co -Trustee of the Estate of Lewis Meyer Costello SIP. TE OF VIR IMA AT WGE , 0 Lnc To�wit: The foregoing instrument was acknowledged before we by JOY H. OOSTELLO, individually, and JOY H. COSTELLO and LEWIS MICHAEL COWELIP, =i�21DW. Co-Trustees of the Estate of Lewis Mayer Costello, this Of ram) •41 to My Commission expires NOTARY PUBTIC is ":'s.• Deed prepared by Thomas M. Diclaneon, Jr., Esquire THOMAS M. DICEINSON, JR.. P.C. 102.2 South Kent Street Winchester, Virginia 22601 VIRGIMA: M2Dmucr )UMy, (540) 667.2095 ' '� ladnUUM of widng way pt+och ton e jl. a% �Q1 Q,. es wM cenfOcoto otadmowled ncM lhemlo ncacd wn admined to rand. Ta Imposed by Sec SL1.= of S "L . sad ld 1401 hove been peld, ItamusbU Cork IrkA Pori 0 . �x 6 - .$ GRAY � "66 '$56 85B 1 8 , f t`41 15 6 !q �� fg Map Features BBridges �PIicaGcn ^� Culverts O Parcels Lakes/Ponds ^/ Dams Agricultural & Forestal Districts w— Streams Walls - Double Church Buildings Road Centerlines Refuge Church Tanks O South Frederick N �. Trans Subdivision # 17 - 05 Meadowfield N (85B-1-12A) w E 0 50 100 200 S Feet 1 8, WE m hCO COUNTY of FREDERICK Department of Public Works 540/665-5643 FAX: 540/ 678-0682 August 8, 2006 2.06 Mr. Steven L. Patton, P.E. Patton, Martin & Associates, P.L.C. 163 Creekside Lane Winchester, Virginia 22602 RE: Revised Subdivision Plan - Meadowfield Subdivision Frederick County, Virginia Dear Mr. Patton: Based on our review of the revised subdivision plan for the Meadowfield subdivision, we offer the following comments: Refer to Sheet 3 of 7: We suggest that the storm drainage easement be separate from the delineation of the wetlands. This separation will allow utility construction within the storm drainage easement; whereas, no disturbance will be permitted within the wetland areas without a U.S. Corps of Engineers permit. Refer to Sheet 4 of 7: The evaluation of the proposed 30-inch CMP indicates that outlet conditions will govern the depth of the 100-year storm flows. We recommend that the elevation (99) resulting from this tailwater condition be noted on Sheet 3 of 71 and used to establish minimum floor elevations. It is anticipated that this elevation will have a significant impact on the site plan design for Lot 1. Once these comments have been addressed, please submit one set of the revised plan for further review. I can be reached at 722-8214 if you should have any questions regarding the above comments. Sincerely, Ike Harvev E. Strawsrr er, Jr., P.E. Director of Public Works HES/rls cc: Mark Cheran, Planning and Development file CAProgram Files\WordPerfect Office X3\Rhonda\TEMPCOMMENTS\meadow field revs ubdcom.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 SUBDIVISION #17-05 MEADOWF— I_ D Opequon 5 LOTS 1.717 ACRES