HomeMy WebLinkAbout09-92 Preston Place Shawnee District - BackfileI
* STAFF SUBDIVISION CHECKLIST *
This application is not complete if the following are not included:
SUBMISSION PACKAGE
Comments sheets from the following agencies along with any marked copies of
the plan;
VDOT City of Winchester
Sanitation Authority
Inspections Dept.
Fire Marshal
One copy of the subdivision application
15 copies of the plan on a single sheet
One reproducible copy of the plan (if required)
A 35mm. slide of the plan
TRACKING
Date
9/.y , Application received
Health Department
Parks & Recreation
Road Naming Coordinator
`County Engineer
9/1vy ZFee Paid (amount $_ 3a� )
io - z/ tLSubdivision heard by Planning Commission. Action taken >— ►� 4
Subdivision heard by Board of Supervisors. Action taken
///'Y/9�2—Final plat submitted with review agency signatures and;
deed of dedication
Plat signed by Planning Director
Plat signed by Subdivision Administrator
bond estimate $
House numbering assigned AJ #01 Info added to annual report disk
k
RECEIPT I FREDE
AMOUNT DUE
AMOUNT PAID
s
BALANCE DUE
s
PAID BY
❑ CASH / t/
CHECK
OTHER
P.O. BOX 601, 9 COURT SQUARE
WINCHESTER, VIRGINIA 22601
1 : AND DEVEL0PI4"'P,T
C I -
RECEIVED FROM i 1 --
ADDRESS _ / d N1�i)1-�t� Y ./�►-rr� rt //��r/ �LL�/ __
7�
THE SUM OF DOLLARS .20._�^^"
FOR
DAY -TIMERS RE -ORDER No. 3221 — P-teo m USA
l
FINAL PLAT
"PRESTON PLACE"
SHAWNEE MAGISTERIAL DISTRICT
FREDER I CK COUNTY, V I RG I N I A
e R `:�
i
/
lte-\
• --�
p �.. 1i� to iO�A' �
o '�
I o
Jam:
1
VICINITY MAP
s=
Scale: 1"-2,000'
APPROVED BY
FRED. CO. SANITATION AUTHORITY DATE// l
PLANNING COMMISSION DATE
SUBDIVISION ADMINISTRATOR DATE/ Y fZ
VA. DEPT. OF TRANSPORTATIONDATE �L
OWNER'S CERTIFICATE
The above and foregoing subdivision of the land of Silver Communities, Inc.,
as appears in the accompanying plats, is with the consent and in accordance
with the desires a undersigned owners, proprietors, and trustees, if any.
S
SURVEYOR'S CERTIFICATE
I hereby certify that the land contained in this subdivision is a portion of
the land conveyed to Silver Communities, Inc. by deed dated October 20, 1989,
said deed recorded in the Office of the Clerk of the Circuit Court of Frederick
County, Virginia in Deed Book 729 at page 798.
P. Duane Brown, C.L.S.
o�4SALT#
c� P. DUANE ��DATE: September 1, 1992 COVER SHEET
BROWN SHEET
N0, 1285 gilbert w. cliffor & associates, inc. 1
Engineers - Lend Planners OF
5���� Surveyors
LAND 1s0-c old. o:•.ari.h Dfl- — 60-1 arr.o swr` 3
P,.dt.W.brs, Vk[ini. 22401 (703) 998-2113 Nfnehrtr, ,.,id. 22601 (r03) 6tTJ-2139
30' Ingress -Egress Esm't.
N70007'49"E (DB 671 Pg. 497) (DB 659 Pg. 708)
71.45' S.R. 645-•Airport Road (80'R/W)
-S80 °32' 13 "E 1206.17'
X- Drainage Esm'ts.
• T II (DB 671 Pg.492)
Elwood H., Sr. � 20' Utility Esm't. `\ Parcel 2
& Blythe P.
Whitacre N (DB 674 Pg, 84) I 2.672 Acres
SN �� :,(See Sheet 3 of 3
0 N80032'13"W
James R. & 300, 99'
Maggie Seal O N Wet Weather
A.W.F. & B.W.F. Streams
Proposed
20' San. Sewer
Farm , .�
Waitman L. & o Easement /� / pond ;3666'�
A Anna B. Collins N u: Paved Driveway
ro to
m Parcel I
> ad
N W17.277 Acres ��� C.
;0:3 �` f
John W.; Jr. °� f�: k Q Tory
cri & Peggy B.
Foster Fence Post S16°51'30"
Area Maintained by Fos
N66 °59'38 "E
65. 00' ---
N42oo7'17
235.01 '
GPIN : 64-A-4513
ZONING: RP
USE:VACANT
A Found ; 172 41 '
verhead Power
S03034'35"E
160.31'
int 'n
G�reeK P
W.F , �•,,
BU �� Wet Weather .
Stream
�COO�ti sn
o rod • °' o
�%K N A
Douglas, Jr.
& Fern L.
Adams
S 16 °41 '57"W
�ly� � .,• � �` 313.21 ' FEMA 100 YR.
's
� a FLOOD -LINE
I0 ' �•Po'eri `
e Iron Rod Found
o Point (unless otherwise indicated)
B�F..Barbed Wire Fence
B F. Board Fence
jor Power Pole
A. F. American Wire Fence
of�t►>�TH 01
o� F. DUANE
NO. 1285
LAND
Ceo��rC 9
earh00s /�9r/
S42004'21 "W
115.0 1
"PRESTON PLACE"
DATE: September 1, 1992 1 SCALE: 1"a200'
SHEET
gilbert w. cliffor & associates, inc. 2
Engineers - Land Planners OF
Surveyors
170-C OW. 0,.twieh DN1 . 200 North C.maoe 9tr..t 3
F,.dtriek.hura. VkaiW. 22401 (707) 698-2115 Wioehat., Vi a&i. 22601 (702) 667-2129
20, Utility Easem
(Dg ent
7, 674 I'9• 84) state Routs s�e 659 Pg. 708)
S8o Airport Roa ,
032,13E d (80 R
I Drainage Ea �— _ 4S7.3S, �)
(Dg 671 P se1nent
Y.
492) Dr
a►nage E
(Dg 671 g. 49 t ,
3 N13°15'39"W P9. 492
N � w I
aNw I
I I �
I
'1
l
/ 46 Fc
/ /og��m
N63026
�co 38.01'
'' Farm
/ Pond
t•
LEGEND
* Iron Rod Found
C Point
o� P. DUANE �C
NO, 1285
Zb LAND Sv
157.58'
10' (Typ•)
N12011'01 "E
90.03'
S21 °54'34"W
Parcel 2 108.76'
2.672 Acres
Proposed 20' •�
Drainage Easement
•O
Wet Weather
Streams
N16003'59"W 130.08' — N —
/ IS84017'22"W 50.25'
�S66015'02"W 54.63'
S84017'22"W 30.15'
C. Douglas, Jr.
15' (Typ.) & Fern L.
/ Adams
26.17'
Pond (Drainage) Easement
(DB 729 Pg. 792)
"PRES T ON PLACE"
DATE: September 1, 1992 1SCALE: 1"-100'
SHEET
gilbert w. cliffor & associates, inc. 3
Engineers - Land Planners OF
Surveyor
150-c old. 0,---We u111. 200 M tE C.mmaa la.n 3
r,.aws,r.e.,a, vtrsmi. 22401 (103) $98-3113 wlaoe.a.r, VbsW. 22601 (703) 667-2139
Lack of members in attendance at
this meeting prevented them from
acting on this subdivision.
Rescheduled for 10/21/ PC
mtg.
m
IJ
i COUNTY of FREDERICK
MEMORANDUM
Department of Planning and Development
703 / 665 -5651
Fax 703 / 678-0682
TO: Planning Commission
FROM: Wayne Miller, Zoning Administrator �fm
RE: Preston Place Subdivision
DATE: October 7, 1992
I failed to get this subdivision on the agenda, as I had promised
the applicant, so request your action at this time.
9 North Loudoun Street P.O. Box 601
Winchester, VA 22601 Winchester, VA 22604
i COUNTY of FREDERICK
Department of Planning and Development
703 / 665-5651
Fax 703 / 678-0682
October 30, 1992
G. W. Clifford & Associates
Attn: Mr. Duane Brown
200 North Cameron Street
Winchester, VA 22601
Dear Duane:
This letter is to confirm action taken by the Frederick County Planning Commission at their
meeting of October 21, 1992.
Subdivision application #009-92 for Preston Place was approved for the division of a 19.949
acre tract into parcels of 17.277 and 2.676 acres. This property is located on the east side
of U.S. Route 522 and the south side of Route 645, Airport Road, in the Shawnee District,
and is identified as GPIN 640000A000045B.
A condition of the approval requires that the following provisions be met. These conditions
were placed on the approval of the Master Development Plan for Preston Place and apply
to the entire 19.949 acres.
1. A statement describing what type of insulation factors will be used to sound
proof buildings from airport noise;
2. A statement that the prospective lessees/purchasers of property shall be
required to sign a written statement that they are aware of the proximity of
the airport and the possible problems with airport noise;
3. A statement that disclosure of the proximity of the airport shall be made in
all marketing materials; and,
4. A statement will be included in the deed which requires any future owners of
the development to conform to items 2 and 3.
9 North Loudoun Street P.O. Box 601
Winchester, VA 22601 Winchester, VA 22604
Page -2-
Preston Place Sub.
October 30, 1992
Approval is also contingent upon addressing any outstanding staff and review agency
comments. Please submit plats for final approval after obtaining the appropriate signatures.
R
iller
dministrator
WWM/slk
cc: Richard Trembly, Silver Communities
P/C Review Date: 10/07/92
P/C Review Date: 10/21/92
SUBDIVISION APPLICATION
#009-92
PRESTON PLACE
2 LOTS
LOCATION: On the east side of U.S. Route 522 on the south side of
Route 645, Airport Road
MAGISTERIAL DISTRICT: Shawnee
PROPERTY ID NUMBER: 640000A000045B
PROPERTY ZONING & PRESENT USE: Zoned RP (Residential Performance)
land use - vacant
ADJOINING PROPERTY ZONING & PRESENT USE: Zoned M-1 (Light
Industrial), RA (Rural Areas) and RP (Residential Performance) -
land use - State Highway, agricultural, residential and vacant
PROPOSED USE: 2 lots - 19.949 acres
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: No objection to the
subdivision of this property. Before development, this office
will require a complete set of construction plans for review.
Entrances will have to be constructed to VDOT minimum
standards to allow for safe egress and ingress of the
property.
Fire Marshal: All fire/rescue comments will be made at site
plan stage.
Inspections Dept. Building shall comply with the Virginia
Uniform Statewide Building Code and Section 309, Use Group R
(Residential) of the BOCA National Building Code/1990. Shall
comment on Use Group of any non-residential buildings at the
time of structural plans review.
Regional Airport: Please refer to Airport Authority letter to
Mr. Robert W. Watkins, dated August 25, 1992. (See attached
letter).
County Engineer: The Engineering Dept. has no comments at
this time.
Sanitation: No comment on the division of the 19.949 acres
into two parcels. Note: The Sanitation Authority has not
approved the MDP for sewer and water, thus proposed basements
on parcel 1 may change.
Planning & Zoning: This total parcel consists of 19.949
acres. The 17.277 acre proposed parcel has been approved for
construction of apartments. The 2.672 acre parcel was not
needed or desired by the builder of the apartments and
therefore the property owners desire the subdivision. This
division is in compliance with the revised master plan. The
entire existing parcel has 1206.17 feet of road frontage on
Route 645 with the 2.672 acre parcel having 457.35 feet of
frontage. The proposed parcel 2 could be developed at a later
time and will be required to meet all ordinance requirements
if this occurs.
STAFF RECOMMENDATIONS FOR 10/07/92 PC MTG.: Approval.
SUBDIVISION NOT CONSIDERED AT 10/07/92 PC MTG. DUE TO LACK OF
MEMBERS PRESENT.
��U������������� ������U�����U �8��d��� '
�""~~�""�°�"~�"" ""��~�"�~"°��"� AIRPORT
wmAIRPORT ROAD
w/wo*soTsn v|no|wmuuaou
(703) 662-2422
August 25, 1992
Robert W. Watkins, Director
Department of Planning and Development
Frederick County, Virginia
Post Office Box 601
Winchester, Virginia 22601
Re: Response to Request for Comments
Preston Place Apartments
Dear Mr. Watkins:
The Airport Authority has directed me to inform you that its
position on new residential construction within the Airport
Support Area has not changed. The Airport Authority strongly
recommends that residential units not be built within the Airport
Support Area for reasons associated with perceived and real noise
and fly -over nuisance.
The story is a very old one and has been told for many years
at numerous locations throughout the Country. Residential
development occurs near an airport, people move in, discover the
airport, and immediately begin complaining about aircraft noise.
As a result, aeronautical activity and air commerce is
restricted. If the proposed Preston Place development becomes a
reality, the story will be told again... this time in Winchester.
At the time the subject property was rezoned, there was no
universal noise policy or "noise savvy", therefore, the issue
slipped by all concerned including the Airport Authority, the
Virginia Department of Aviation, and consultants. These entities
simply had no reason to object to residential development at the
site of the proposed Preston Place. Federal Aviation
Administration (FAA) guidelines were followed, unfortunately they
only addressed noise levels above 65 Ldn' (the property is
located at the 50 - 55 Ldn).
Since then, a National awareness of residential encroachment
on airports and resulting noise problems has been developed and
verbalized. The FAA is now aware that aircraft noise does not
stop at the 65 Ldn line and airports are pressing the Federal
Government for a National Noise Policy that may eliminate future
airport residential encroachment.
We offer the following recommendations which we believe may
reduce the impact of a potentially unfavorable situation.
____________________
1. Day -Night Average Noise Levels.
Response to Request for Comments
Preston Place Apartments
Page 2
a. Encourage the developer to present unequivocal notice of
probable aircraft noise and fly -over nuisance to be given to all
potential apartment tenants. Specifically, the following actions
should be taken:
(1) Requirement to present a dominant statement of probable
aircraft noise and fly -over nuisance in rental
agreements/leases.
(2) Requirement to post prominent warnings with specific
regard to the proximity of the airport and probable aircraft
noise and fly -over nuisance on all advertisements, brochures
and promotional materials.
b. Require acoustical treatment of the apartment building(s),
i.e., appropriate noise insulation, baffled vents, air
conditioning, etc.
We appreciate the difficult position Frederick County
officials continuousll, face concerning zoning hindsight and the
extremely difficult position we are suggesting with respect to
potential airport noise problems.
The airport is a significant public investment and an
important economic development tool that, if protected from
residential encroacibment, will serve our growing community and
the region for years to come.
If you should have questions, please contact me.
Sincerely urs
Executive Director
PC: Richard Dick, Chairman, Board of Supervisors
W. Harrington Smith, Supervisor, Shawnee District
John R. Riley
Patton Harris Rust & Associates, pc
APPLICATION AND CHECKLIST
SUBDIVISION
FREDERICK COUNTY VIRGINIA
Date: SeQ /}/992 Application # Oo9-9� Fee Paid �'9-
Applicant/Agent: C. W. C/; f f0, 1 4' Assocze Les i/nc.
Address: zoo MorA Corneror, S�reei
W/'nC4esTelr V i r4ihia 221oo
� A 44r, = P Duan a Braw/1
Phone: (70 3) G (07 - 2 / 3 9
Owners name: Si/ver Co/"Moni k es I /nC.
Address: P_ o. gag 75G1�
45oo PlQnk KP6ad
Fred er,'�k s bra . V,rai n;,o 22 ¢0 ¢
Phone: (703) 786o - 14 00
Please list names of all owners, principals and /or majority
stockholders: 1
.Ed ward O. M 1^r n i c a rJ� r.
.Gg�ry U. SdyeC -
Contact Person: Ri cAard Trerrn 6/a
Phone: C7o3) 7810 /4od
Name of Subdivision: Presfor, P/ace-
Number of Lots 2 Total Acreage 19. 94 9 .4 c re. s
Property Location: .E,? s S.'d e o ir U. S. JPo 5 Z z -, So v f�
Side O1' S.Q. 645 Air o,/-
(Give State Rt.#, distance and direction from intersection)
Magisterial District 5,6owr7 ee_
Tax ID Number (GPIN) _64-A- 4s B
-7-
go
Property zoning and present use: RP : Vacgn
Adjoining property
zoning
and use: RP,, A 2 -1
Aar culture%; VQCC?rh-
-0
SAw4e Alij4W4V
Has a Master Development Plan been submitted for this project?
Yes- / No
If yes, has the final MDP been approved by the Board I of
Supervisors?
Yes No ✓
What was the MDP title? Pres Ion CC
Does the plat contain any changes from the approved MDP?
Yes No
If yes, specify what changes:
Minimum Lot Size (smallest lot) 2.672 Acres
Number and types of housing units in this development:
Number / 2 o
Types 61, rden A
-8-
REQUEST FOR MASTER DEVELOPMENT PLAN COMMENTS
Winchester Regional Airport
Attn: Executive Director
Route 1, Box 208-A
Winchester, Virginia 22601
(703) 662-2422
The Winchester Regional Airport is located on Route 645, off of
Route 522 South, if you prefer to hand deliver this review form.
Applicant's name, address and phone number:
Castle Development Corporation Attention: Michael McNamara
2801 Southwell Place, Midlothian, Virginia 23113 (804-794-0553)
Name of development and/or description of the request:
Preston Place Apartments
Master Development Plan Revision to construct 20 Garden Apartment Units.
Location:
South of Route 645, East of Route 522 and West of the Winchester Regional
Airport.
Winchester Regional Airports Comments:
The Airport Authority objects to residential development inside of the Airport
Support Area. Please refer to the attached.comments.
Airport Signature and Date: Kennetah F. Wiggand, Executive Director August 25, 1992
(NOTICE TO AIRPORT. * 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 the agency with their review. Also,
please attach a copy of your plans and/or application form.
D
cE@cEaW[E
REQUEST FOR SUBDIVISION COMMENTS
Frederick County Sanitation Authority
Attn: Engineer Director
P.O. Box 618
Winchester, Virginia 22601
(703) 665-5690
The Frederick County Sanitation Authority is located on the 2nd
floor of the old Frederick Co. Courthouse in Winchester, if you
prefer to hand deliver this review.
Applicant's name, address and phone number:
C. Ill_ /9SSac.1 �nG, %✓irtc��Ster, V�rq;hi4 ZZCoo/
200 Mdr)Ll, Cow,e"Oh S'/vlcc� AA-': P
C70 3� 64-67- 2/5T
Name of development and/or description of the request:
P"CSTol, P%cacC 2 /--Z 5u6a;V S;Ors C2. &72 Acres 4,-,
17. 277 4Cres
Location:
Sides oT (�.5, l 'ouIc 522 �SouY':j S,"�c
Sanitation Authority Comments:
*0 CO
r"
O/V/t/P`y pf
Ir" /P if<�►,cf
T wo
00P4AMe f
V 4 ,i
P M
Sanitation Authority Signature & Daj�0
- Mimltzp
(NOTICE TO SANITATION AUTHORITY * 4THIATO 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 plans and/or application form.
f4* 4v rHiAi tJ14 ell10? 1 W 0 W1 AfW1000f L /NO, "I'Af v
POOAcot A,
C< TY OF FREDERICK, VIRGINU
FIRE MARSHAL'S OFFICE
LAND DEVELOPMENT COMMENTS
Control No. 0902920716 Date Received 090292 Date Reviewed 091692
Applicant Name G. W. Clifford & Assoc.
Address 200 N. Cameron Street
Winchester, VA 22601
Project Name Preston Place Apartments
Phone No. 703-667-2139
Type
of
Application
Subdivision Current Zoning
1st
Due
Fire Co. 18
1st Due Rescue Co. 18
Election
District
Shawnee
RECOMMENDATIONS
Automatic Sprinkler System X Residential Sprinkler System
Automatic Fire Alarm System X Other
Emergency Vehicle Access;
Adequate Inadequate
Fire Lanes Required; Yes X
Comments: Will address on site plans.
Roadway/Aisleway Widths;
Adequate Inadequate
Special Hazards Noted; Yes
_
Comments:
Not Identified
No
RP
Not Identified X
No X
UH
Hydrant Locations;
Adequate Inadequate Not Identified X
Siamese Connection Location;
Approved Not Approved Not Identified X
Additional Comments: All fire/rescue comments will be made at site plan
stage.
Should Parcel
No. 2
be
re -zoned
to
commercial,
please
address
fire/rescue
impacts
in impact
statements.
Review Time .25 hr.
D IE @ IS OW
Douglas A. cofe
Fire Marshal
REQUEST FOR SUBDIVISION COMMENTS
Frederick County Inspections Department
Attn: Building Official
P.O. BOX 601
Winchester, Virginia 22601
(703) 665-5650
The Frederick County Inspections Department is located at 9 North
Loudoun St., 2nd Floor of the Hammon Building in Winchester, if you
prefer to hand deliver this review.
Applicant's name, address and phone number:
G_ t�% Cl,-�Fo.d � f{ ssoc.,. �.�c. 1�/,'., c �i es 7"e r� Vi rq i►►lq � 2CoD /
20o Nor -A C'ot"eron 5�ree7L A4n : P. oyoh e Browr,
(703) 667- e/39
Name of development and/or description of the request:
Presa/on f /Ace ' 2 Lol 5vLo1iviSioP, (2. G72 Acres 4nd
/'7_ Z 7-7 Ac r e s)
Location:
.Eels/ s'- a o-P 522 Soy S.'de
(Aiv-Ror7l /Pood
Inspection Department Comments:
Building shall comply with the Virginia Uniform Statewide Building Code and
Section 309, Use Group R (Residential) of the BOCA National Building Code/1990.
Shall comment on use group of any non-residential buildings at the time of
structural plans review.
Code Administrator Signature & Date: (-�
(NOTICE TO INSPECTIONS DEPT.*PLEASE YjMgWITRIEF FORM TO LICANT.)
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 plans and/or application form.
-16-
REQUEST FOR SUBDIVISION COMMENTS
Virginia Department of Transportation
Attn: Resident Engineer
P.O. Box 278
Edinburg, Virginia 22824-0278
(703) 984-4133
The local office of the Transportation Department is located at
1550 Commerce St. in Winchester if you prefer to hand deliver this
form.
Applicant's name, address and phone number:
Cii�t'orJ
G /QSSOC.,
J^c.
a
V;r4;h1G% OZ&OI
Zoo
Alo.rk
Capneron
.W et/
fi n'
P D[1on c erow^
(703)4G7- 0/39
Name of development and/or description of the request:
Pr eslon Place Lol- 5&,,61;visioh C 2.lo-7z Acres a^J
/% d77 ACreS)
Location:
,Cass S;de- of
CAirnor� "Qd)
Va. Dept. of Transportation Comments:
No objection to subdivision of this property. Before development,
o ice will require a complete set of construction plans for review.
Entrances will have to be constructed to VDOT minimum standards
or safe egress and ingress of the property.
VDOT Signature and Date: Zj
(NOTICE TO RESIDENT ENGINEER*PLEASE
/,l. /dl4.�h•. a-W, 4. 9
RETURN THIS FORM TO
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 plans and/or application form.
r.
-14-
REQUEST FOR SUBDIVISION COMMENTS
Winchester Regional Airport
Attn: Executive Director
Route 1, Box 208-A
Winchester, Virginia 22601
(703) 662-2422
The Winchester Regional Airport is located on Route 645, off of
Route 522 South, if you prefer to hand deliver this review form.
Applicant's name, address and phone number:
C.W. Ch4T,rj a A-SSoC, , /nc. W.hcji es14c*-yil-A n,'c. 2Z601
W' ►
(703�l0l.7- Zi39
Name of development and/or description of the request:
PresTon Place ' Z Lo� 5v6JJyi Sion (2. %7Z ,4Cre.r and
/7 2-77 Acres)
Location:
5,-de- o� U.S. 522) S,00A 5;Je_ oT S. e. co45
(krFor � h?oa A
Winchester Regional Airports Comments:
It is not possible to comment because we do not know what the owner or his
agent intend to do with the property. If residential development is being considered,_
please refer to Airport Authority letter to Mr. Robert W. Watkins, dated August 25,
1992, reference: Response to Request for Comments - Preston Place Apartments.
Airport Signature and Date:
(NOTICE TO -AIRPORT. * PLEASE IRETURNV THI
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 plans and/or application form.
-20-
REQUEST FOR SUBDIVISION COMMENTS
Frederick County Engineering Department
Attn: Director of Engineering
P.O. Box 601
Winchester, Virginia 22601
(703) 665-5643
The Frederick County Engineering Department is located at 9 North
Loudoun St., 2nd Floor of the Hammon Building in Winchester, if you
prefer to hand deliver this review.
Applicant's name, address and phone number:
G. /4ssoc.��nc. �c%'.,c�es cr-� V�r��,,�� zzeool
Zoo /York' Corn eram S4'reo4 grcww
C'703) &67- 2/39
Name of development and/or description of the request:
Prca7'ci. pl,>ce = �.�074 Sc.6cliv;Siorj C2.Co72 Ac,-e
/7.2-77 Aces)
Location:
S.Ja. cX U.S. Roe/�r- 522 S,de o-� S-f-&45
Engineers Comments:
Engineers Signature & Date. C.qjj-Z
(NOTICE TO ENGINEERING DEPT. PLEASE)RETURN THIS FORM 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 plans and/or application form.
!M-11M
G.W.CLIFFORD & ASSOCIATES, INC.
200 N.CAMERON ST.
PO BOX 2104
WINCHESTER, VIRGINIA 22601
703-667-2139
TO
9 North Loudoun Street
Winchester, Virginia 22601
LETTER OF TRANSMITTAL
PRESENT DATE JOB NO.
September 14, 1992
ATTENTION Wayne Miller
RE: Preston Place
WE ARE SENDING YOU T] ATTACHED ❑ UNDER SEPARATE VIA
❑ HAND DELIVERED ❑ CHANGE ORDER ❑ SAMPLES
SHOP DRAWINGS rx-1 PRINTS ❑ PLANS
❑ COPY OF LETTER
THE FOLLOWING ITEMS
SPECIFICATIONS
lOTHER
COPIES
DATE
DESCRIPTION
8-27-92
Check No.
48641: $320.00 Application Fee
1
9-1
-92
Subdivision
Application
Form
15
9-1
-92
Final Plat of Subdivision
1
9-3-92
Subdivision
Comments:
Frederick County Sanitation Authority
1
9-4-92
Subdivision
Comments:
Frederick County Inspections Department
1
9-9-92
Subdivision
Comments:
Virginia Department of Transportation
1
-
Subdivision
Comments:
Winchester Reaional Airport
ARE TRANSMITTED ❑ APPROVED/SUBMITTED
X❑ FOR APPROVAL ❑ APPROVED/AS NOTED
FOR YOUR USE ❑ RETURN/CORRECTIONS
❑ AS REQUESTED
❑ FOR REVIEW or COMMENT
❑ FOR BIDS DUE 19___
® RESUBMITFOR APPROVAL
SUBMITFOR DISTRIBUTION
❑ RETURNED_ CORRECTED PRINTS
® LOAN PRINT/RETURN
❑ RETURN/WITH SIGNATURES
REMARKS
Also Sending:
1 copy 9-14-92 Subdivision Comments: Frederick County Engineering Department
1 copy 9-14-92 Subdivision Comments: Frederick County Fire Marshal
Silver Communities, Inc. intends to retain Parcel 2 (2.672 Acres) and convey Parcel 1
(17.277 Acres) to Castle Development Corporation who in turn plans to develop 120 Garden
Apartments.
COPY TO: Richard Tremblay SIGNED P. Duane Brown, C.L.S.
REV. 2.0
D G; 9 UMC2
SFP 4 t992
DEED OF BARGAIN AND SALE AND EASEMENT
AND DECLARATION OF COVENANT
THIS DEED OF BARGAIN AND SALE AND EASEMENT AND DECLARATION
OF COVENANT, made as of December 18, 1992, by and between PRESTON
PLACE ASSOCIATES, L.P., a Virginia limited partnership, as a
grantor and as a grantee (the "Partnership"), SILVER DEVELOPMENT
CO., a Virginia corporation, as a grantor and as a grantee
("Silver"), the FREDERICK COUNTY SANITATION AUTHORITY, a Virginia
corporation organized and existing under the provisions of the
Virginia Water and Sewer Authorities Act (Section 15.1-1239, et
sea., Code of Virginia, 1950, as amended), as a grantee
("Authority"), and THE BOARD OF SUPERVISORS OF FREDERICK COUNTY,
VIRGINIA (the "County"), as a grantee, recites and provides as
follows:
Recitals.
1. The Partnership is the owner of a certain parcel of
land, lying and being in the Shawnee Magisterial District of
Frederick County, Virginia, on the southern line of State Route
645, containing approximately 17.277 acres, and designated as
"Parcel 1 17.277 Acres" on, and more particularly described by
reference to, the subdivision plat attached hereto as Exhibit A,
dated September 1, 1992 (the "Subdivision Plat"), made by Gilbert
W. Clifford & Associates, Inc., entitled "Final Plat 'Preston
Place' Shawnee Magisterial District Frederick County, Virginia",
which consists of Sheets 1, 2 and 3, and was recorded in the
Clerk's Office of the Circuit Court of Frederick County, Virginia
(the "Clerk's Office"), in Deed Book 787, at page 1337 (the
"Partnership Property").
2. Silver is the owner of two certain parcels of land
lying and being in the Shawnee Magisterial District of Frederick
County, Virginia, (a) one on the northern line of State Route
645, containing approximately 22.011 acres, and designated as
1122.011 Acres" on, and more particularly described by reference
to, the plat attached hereto as Exhibit B and recorded herewith,
dated July 2, 1992 (the 1122 Acre Plat"), made by Gilbert W.
Clifford & Associates, Inc., entitled "Plat Showing 22.011 Acres
Standing in the Name of Silver Communities, Inc., Shawnee
Magisterial District Frederick County, Virginia" (the "Northern
Parcel"), and (b) one lying on the southern line of State Route
645, containing approximately 2.672 acres, and designated as
"Parcel 2 2.672 Acres" on, and more particularly described by
reference to, the Subdivision Plat (the 112 Acre Parcel").
3. The Partnership intends to construct an apartment
project on the Partnership Property, and in connection therewith,
the Authority has required that the Partnership grant to the
Authority certain land and easements, and the County has required
that the Partnership impose certain covenants on the Partnership
Property, all as hereinafter set forth. In addition, the
Partnership acquired the Partnership Property from Silver, and in
connection with that purchase, the Partnership and Silver have
agreed to grant to each other certain easements with respect to
their properties, all as hereafter set forth.
NOW, THEREFORE, for and in consideration of the premises,
the sum of One Dollar ($1.00) cash in hand paid, and other good
and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the parties hereto hereby agree as
follows:
1. Pump Station Grant and Access Easement. The
Partnership hereby grants and conveys to the Authority, with
General Warranty of Title, in fee simple, that certain parcel of
real property lying and being in the Shawnee Magisterial District
of Frederick County, Virginia, lying within the Partnership
Property, containing approximately 3600 square feet, and
designated as 113600 Sq. Ft. Parcel" on, and more particularly
described by reference to, the certain plat attached hereto as
Exhibit C and recorded herewith, dated December 11, 1992 (the
"Pump Station Plat"), made by Patton, Harris, Rust & Associates,
P.C. ("PHRA°), entitled "Plat of a Portion of the Land of Silver
Development Co. Together With an Ingress -Egress Easement Shawnee
Magisterial District Frederick County, Virginia", which
conveyance is subject to all recorded conditions, restrictions
and easements as the same may lawfully effect the Pump Station
Parcel;
TOGETHER WITH an ingress and egress easement 20 feet in
width from State Route 645 to the Pump Station Parcel (the
"Access Easement"), which Access Easement is designated as
"Center Line Ingress -Egress Easement" on, and more particularly
described by reference to, the Pump Station Plat; the Access
Easement shall be for the purpose of ingress and egress to the
Pump Station Parcel by the Authority to the extent necessary for
the installation, maintenance, repair and replacement of the
facilities on the Pump Station Parcel. The Partnership shall
retain the right to use the land which is subject to the Access
Easement in any manner which shall not interfere with the use and
enjoyment of such rights by the Authority, including the right at
all times to cross over and upon the Access Easement and to use
the surface area over the Access Easement in any manner as will
neither injure nor interfere with the use of the Access Easement
by the Authority, except that no building or other structure
shall be erected over the Access Easement unless by mutual
consent of the Partnership, the Authority or their successors.
If the enjoyment of the rights granted to the Authority hereunder
requires the Authority to disturb the surface of the ground of
the Access Easement, it shall be the obligation of the Authority
to restore the same to its condition prior to being so disturbed
at the Authority's expense.
-2-
2. Partnership Water and Sewer Easements. The Partnership
hereby establishes, grants and conveys to the Authority and its
assigns, with General Warranty of Title, non-exclusive permanent
water line easements and sewer line easements (the "Partnership
Utility Easements"), in varying widths across the Partnership
Property, all as designated as 1120' Water Line Easement
(Centerline)" on Sheet 1 of the below described plat, and
"Sanitary Sewer Easement" on Sheet 2 of the below described plat,
and more particularly described by reference to, a certain plat
attached hereto as Exhibit D and recorded herewith, consisting of
4 sheets, dated November 10, 1992, and last revised December 11,
1992 (the "Utility Plat"), made by PHRA, entitled "Plat Showing
Sanitary Sewer, Waterline, Drainage, and Utility Easements on the
Land of Silver Development Co. Shawnee Magisterial District
Frederick County, Virginia", for the purpose of installing,
laying, maintaining, repairing and replacing water lines and
sewer lines, as needed, including the right to enter upon the
Partnership Utility Easements to the extent necessary for
installing, laying, maintaining, repairing or replacing the same.
The Partnership shall retain the right to use its land which is
subject to the Partnership Utility Easements in any manner which
shall not interfere with the use and enjoyment of such rights by
the Authority (including the right to install the water and sewer
lines in the Partnership Utility Easement to the extent the
Partnership is obligated to do so), and including the right at
all times to cross over and upon the Partnership Utility
Easements and to use the surface over the Partnership Utility
Easements in any manner as will neither injure nor interfere with
the construction, operation or maintenance of the water lines and
sewer lines, except that no building or other structure shall be
erected over the Partnership Utility Easements unless by mutual
consent of the Partnership, the Authority or their successors.
If the enjoyment of the rights granted hereunder to the Authority
requires the Authority to disturb the surface of the ground of
the Partnership Utility Easements, it shall be the obligation of
the Authority to restore the same to its condition prior to being
so disturbed at the Authority's expense.
3. Silver Sewer Easements. Silver hereby establishes,
grants and conveys to the Authority and its agents, with General
Warranty of Title, (a) non-exclusive permanent sanitary sewer
line easement over the Northern Parcel (the "Silver Utility
Easement"), and designated as 1120' Sanitary Sewer Easement
(Centerline)" on Sheet 4 of the Utility Plat, and more
particularly described by reference to the Utility Plat, for the
purpose of installing, laying, maintaining, repairing and
replacing the sanitary sewer lines as needed, and including the
right to cross over and upon the Silver Utility Easement as
necessary for the purpose of installing, laying, maintaining,
repairing and replacing the same, and (b) temporary construction
easements adjacent to the Silver Utility Easement for the purpose
of installing, laying, maintaining, repairing and replacing the
-3-
same as needed and required for and during the original
construction, installation and laying of such sanitary sewer
lines, with such temporary construction easements to expire upon
the completion of the construction of such lines. Silver shall
retain the right to use its land which is subject to the Silver
Utility Easement in any manner which shall not interfere with the
use and enjoyment of such rights by the Authority, including the
right to cross over and upon the Silver Utility Easement and to
use the surface over the Silver Utility Easement in such manner
that will neither injure nor interfere with the construction,
operation or maintenance of such sanitary sewer lines, except
that no building or other structure shall be erected over the
Silver Utility Easement unless by mutual consent of Silver, the
Authority or their successors. If the enjoyment of the rights
granted to the Authority hereunder require the authority to
disturb the surface of the Silver Utility Easement, it shall be
the obligation of the Authority to restore the same to its
condition prior to being so disturbed at the Authority's expense.
4. Drainage Easement. The Partnership and Silver hereby
establish, grant and convey unto each other and to the Authority,
and their respective successors and assigns, with General
Warranty of Title, non-exclusive permanent drainage easements, in
varying widths across the Partnership Property and the 2 Acre
Parcel (the "Drainage Easement"), designated as "Drainage
Easement" on, and more particularly described by reference to
Sheet 3 of the Utility Plat, for the purpose of carrying storm
water drainage across, under and through the Drainage Easement
and into the area designated as "Existing Pond" on Sheet 3 of the
Utility Plat (the "Pond"), provided, however, that the
Partnership and Silver shall be responsible for the maintenance
of the Drainage Easement. The Pond is the same pond described in
the Pond Easement Agreement dated October 20, 1989, and recorded
in the Clerk's Office in Deed Book 729, at page 792 (the "Pond
Easement Agreement"), and the Partnership and Silver hereby
confirm that the Partnership Property, the Northern Parcel and
the 2 Acre Parcel have the benefit of the Pond Easement
Agreement. The rights set forth in the Pond Easement Agreement
are appurtenant to the Partnership Parcel, the Northern Parcel
and the 2 Acre Parcel, and the Partnership hereby assumes the
obligations set forth in the Pond Easement Agreement as
appurtenant to the Partnership Parcel. It is understood and
agreed that the Drainage Easement is for the sole limited purpose
of storm water drainage from the Partnership Parcel, the Northern
Parcel and the 2 Acre Parcel onto and across the Drainage
Easement and into the Pond, and is granted for the purpose of
permitting the Partnership, Silver and the Authority to discharge
storm water collecting upon such parcels. Neither the
Partnership nor Silver shall make any use of the Drainage
Easement which prevents, impairs or interferes with the discharge
of storm water from the Partnership Parcel, the Northern Parcel
-4-
and 2 Acre Parcel to the Drainage Easement and the Pond. Each of
the Partnership and Silver shall retain the right to use their
respective land that is subject to the Drainage Easement in any
manner which shall not interfere with the use and enjoyment of
the Drainage Easement by the other parties hereto, including the
right to cross over and upon the Drainage Easement and to use the
surface over the Drainage Easement in such manner as will neither
injure or interfere the use of the Drainage Easement except that
no building or other structure shall be erected over the Drainage
Easement. If the enjoyment of their respective rights hereunder
require any of the parties to disturb the surface of the Drainage
Easements, it shall be the obligation of such party to restore
the same to its condition prior to being so disturbed at such
party's expense. The Pond shall not be used by either Silver or
the Partnership for recreational purposes. Both the Partnership
and Silver, and their successors and assigns, shall have the
right to enlarge, use and improve the pond dam adjacent to, and
constituting a part of, the Pond, and such dam is included within
the Drainage Easement.
5. Establishment of Covenant. The Partnership hereby
covenants for itself and its successors and assigns, for the
benefit of the County, that any and all prospective tenants or
purchasers or any portion of the Partnership Property shall be
required, in their respective leases or purchase contracts, to
sign written statements acknowledging that such tenant or
purchaser is aware of the proximity of the Partnership Property
to the Winchester Regional Airport and the possible problems from
aircraft noise arising therefrom; this covenant shall be a
covenant running with the land and shall be binding upon the
Partnership and its successors and assigns with respect to all or
any portion of the Partnership Property.
WITNESS the following signature as of the date first above
written.
PRESTON PLACE ASSOCIATES, L.P., a
Virginia limited partnership
By: Castle Development
Corporation, a Virginia
corporation, its managing general
partner
By:
Michael L. McN ara,
President
16V
COMMONWEALTH OF VIRGINIA
TO -WIT:
CITY/-O F
The foregoing was acknowledged before me this �day of
December, 1992, by Michael L. McNamara as President of Castle
Development Corporation, a Virginia corporation, on behalf of the
corporation as an authorized general partner of Preston Place
Associates, L.P., a Virginia limited partnership, on behalf of
the partnership.
Notary Public
My commission expires:
f:\docs\bank\buseck\2321
am
SILVER DEVELOPMENT CO., a Virginia
corporation
B
Name: dv _ iliird
Title:
COMMONWEALTH OF VIRGINIA )
TO -WIT:
CITY/COUNTY OF )
The foregoing was acknowledged before me this day of
December, 1992, by Michael L. McNamara as President of Castle
Development Corporation, a Virginia corporation, on behalf of the
corporation as an authorized general partner of Preston Place
Associates, L.P., a Virginia limited partnership, on behalf of
the partnership.
My commission expires:
COMMONWEALTH OF VIRGINIA )
TO -WIT:
C-I-TY/COUNTY OF
The foregoing
December, 1992, by
Development Co., a
corporation.
Notary Public
Was acknowledged before me this 2f-day of
sj of Silver
'Virginia corporation,' n behalf of the
My commission expires:
f:\docs\bank\buseck\2321
Hydrant Locations; See Notes
Adequate Inadequate
Siamese Connection Location;
Approved Not Approved
Not Identified X
Not Identified X
Additional Comments: All other fire and rescue issues addressed
on site plan.
Re ' w T ' hr
oug as A. iracofe
Fire Marshal
PLANS APPROVED
FIRrE MARSHAL, FREDERICK COUN ► Y
COUNTY OF FREDERICK, VIRGINIA
FIRE MARSHAL'S OFFICE
LAND DEVELOPMENT COMMENTS
Control No. 0928941693 Date Received 092894 Date Reviewed 111094
Applicant Name Patton, Harris. Rust & Assoc.
Address 100 S. Main Street
Bridgewater, VA 22812
Project Name Preston Place
Phone No. 703-828-2616
Type of Application Subdivision Current Zoning RP
1st Due Fire Co. 18 1st Due Rescue Co. 18
Election District Shawnee
RECOMMENDATIONS
Automatic Sprinkler System Residential Sprinkler System X
Automatic Fire Alarm System X Other
Emergency Vehicle Access;
Adequate Inadequate Not Identified X
Fire Lanes Required; Yes X No
Comments Addressed on site plan.
Roadway/Aisleway Widths;
Adequate Inadequate Not Identified X
Special Hazards Noted; Yes No X
Comments
- Continued -
�L r
COMMONWEALTH of VIRGI IA
DEPARTMENT OF TRANSPORTATION
P. O. BOX 278
RAY D. PETHTEL EDINBURG, 22824 .
COMMISSIONER December 13,, 1993
Mr. George E. Foard, Dir. of Surveying Ref:
Patton, Harris, Rust & Associates
P. O. Box 46
Bridgewater, VA 22812
Dear George:
jo IyI WILLIAM H. BUSHMAN
r� RESIDENT ENGINEER
TELE17031984-4133
FAX (703) 984-9761
Land Use P it #855-02079
Preston Place Apartments
Route 645
Frederick County
The right-of-way improvements on the referenced land use permit are nearing completion
and the contractor, Perry Engineering, Inc., will want their permit and bond released soon
thereafter.
I wanted to remind you of the need to submit a deed of dedication and plat to cover the
proposed drainage easements across the property. This was brought to your attention in
our original approval letter (copy attached) dated December 16, 1992. Please note the deed
and plat will be required before we can mark the permit work complete.
If you have any questions, please let me know.
RBC/rf
Attachment
xc: Mr. S. A. Melnikoff
Mr. R. W. Watkins
Mr. Mike Perry
Sincerely,
William H. Bushman
Trans. Resident Engineer
zs zz-�,.--
By: Robert B. Childress
Hwy. Permits & Subd. Spec. Senior
TRANSPORTATION FOR THE 21 ST CENTURY
RAY D. PETHTEL
COMMISSIONER
Mr. George E. Foard,
Patton, Harris, Rust
P. O. Box 46
COMMONWEALTH of VIRGI IA
DEPARTMENT OF TRANSPORTATION
P. 0. BOX 278
EDINBURG, 22824 WILLIAM H. BUSHMAN
RESIDENT ENGINEER
December 16, 1992 TELE (703) 984-4133
FAX (703) 984-9761
Dir. of Surveying Ref: Preston Place Apartments
& Associates Route 645
Frederick County
Bridgewater, VA 22812
Dear George:
This is to acknowledge receipt of the above referenced project's revised site plans
dated December 11, 1992. It appears all of our earlier recommendations have been
satisfactorily addressed with the exception of the location of the 8" watermain serving
the project. This main should tie into the proposed 12" watermain within the Route 645
right-of-way opposite the existing 8" watermain serving the opposite side of the road.
This will entail the installation of a 811xl2" cross as detailed on the water line
profile on Plan Sheet 9 of 13.
Please advise the owner of our approval and that land use permits may now be applied
for to cover construction activities within the right-of-way. Two permits will be
required; one to cover the installation and maintenance of the commercial entrance and
related work and one to cover installation of the utilities. These permits will
require a minimal processing fee, surety bond coverage and the salary and expenses of
a State assigned Inspector. They will need to be applied for and issued prior to
initiation of work.
We have also reviewed the easement plat dated December 11, 1992 and it also appears to
be acceptable. A deed should now be prepared which dedicates the drainage easements
to the County of Frederick. Once the deed and plat have been put to record, we will
require a copy for our file and before the permits are marked complete.
Should you have any questions concerning the above or if we can be of further
assistance, please let me know.
Sincerely,
William H. Bushman
Trans. Resident Engineer
kw (B ata,&.
By: Robert B. Childress
Hwy. Permits & Subd. Spec. Senior
RBC/rf
Attachment
xc: Mr. J. B. Diamond
Mr. R. W. Watkins
Mr. John Whitacre
\4,Mssa Trs�v�
COMMONWEALTH Of VYRG1LNIA
DEPARTMENT OF TRANSPORTATION
P. O. BOX 278
RAY D. PETHTEL EDINBURG, 22824 WILLIAM H. BUSHMAN
COMMISSIONER RESIDENT ENGINEER
December 16, 1992 TELE (703) 984-4133
FAX (703) 984-9761
Mr. George E. Foard, Dir. of Surveying Ref: Preston Place Apartments
Patton, Harris, Rust & Associates Route 645
P. O. Box 46 Frederick County
Bridgewater, VA 22812
Dear George:
This is to acknowledge receipt of the above referenced project's revised site plans
dated December 11, 1992. It appears all of our earlier recommendations have been
satisfactorily addressed with the exception of the location of the 8" watermain serving
the project. This main should tie into the proposed 12" watermain within the Route 645
right-of-way opposite the existing 8" watermain serving the opposite side of the road.
This will entail the installation of a 811xl2" cross as detailed on the water line
profile on Plan Sheet 9 of 13.
Please advise the owner of our approval and that land use permits may now be applied
for to cover construction activities within the right-of-way. Two permits will be
required; one to cover the installation and maintenance of the commercial entrance and
related work and one to cover installation of the utilities. These permits will
require a minimal processing fee, surety bond coverage and the salary and expenses of
a State assigned Inspector. They will need to be applied for and issued prior to
initiation of work.
We have also reviewed the easement plat dated December 11, 1992 and it also appears to
be acceptable. A deed should now be prepared which dedicates the drainage easements
to the County of Frederick. Once the deed and plat have been put to record, we will
require a copy for our file and before the permits are marked complete.
Should you have any questions concerning the above or if we can be of further
assistance, please let me know.
RBC/rf
Attachment
xc: Mr. J. B. Diamond
Mr. R. W. Watkins
Mr. John Whitacre
Sincerely,
William H. Bushman
Trans. Resident Engineer
z4a `B a%,id&.,
By: Robert B. Childress
Hwy. Permits & Subd. Spec. Senior
DEC ' 12
11 L`
L
TRANSPORTATION FOR THE 21 ST CENTURY
_Subs "r stop Place .� 1