HomeMy WebLinkAbout22-99 Prince Frederick Office Park - Phase 2 Shawnee - Backfile (2)Subdivision Checklist
f
2
Date
1. Comment sheets from the following agencies, along with any m,Wed copies of the
plan: (Comment sheets not required if approved AM ' associated with this
subdivision)
VDOT
Sanitation Authori
�,p
' ns Department
Fire Marshal
TRACKING SHEET
Application received.
ov
Fee paid (amount: $ 5 Q.
City of Winchester
Health Department
Parks & Recreation
County Engineer
Information entered in d-BASE and Reference Manual
99 d9JO-- File given to Renee' to add to Application Action Summary
-1Z - 14::?L? Plat(s) signed by Subdivision Administrator
6-/ 5-oc Approval letter to applicant/agent
I/ 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
.S djvlS(on 4e?i #NPton S
Final 't(s) submitted with review agency signatures along with:
Recorded deed of dedication
IZ Bond estimate (if required) $
OA0perations ManuaAsubdindon.trk
Revised: 11/30/99
CASH
Date l ?�V1553
RECEIPT10
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By
DUE
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ORDER
THE PLATTING OF THE FOLLOWING DESCRIBED LAND, w4 /
49.9100 ACRES, IS WITH THE FREE CONSENT AND IN
RDA4NE:
��j�.�DE RE OF THE UNDERSIGNED
OWN RSORS-A TRUSTEES,
•-b - l
TITLE DATE
CO ONWEALTHOF VIRGINIA
COUNTY OZkY
EDERICK, TO -WIT:
I, tjz A�NOTARY PUBLIC OF SAID COUNTY, DO
CERTIFY THAT _PICA r 1424 WHOSE NAME IS SIGNED TO THE
WRITING HERETO ANNEXED, BEARING DATE THE =1G1_ DAY
19"R' ,, HAS THIS DAY ACKNOWLEDGED THE SAME BEFORE ME IN MY
SAID COUNTY.
GIVEN UNDER MY HAND THIS &7A DAY OF _l e , 19
MY COMMISSION EXPIRES: &/111)U461�
APPROVAL: SUBDIVISION ADMINI RATOR NOTARY PUBLIC
:.
,4Pfl�OVAL: FREDERICK COUNTY SANITATION AUTHORITY
APPROVAL: VIRGINIA DEPA T OF TRANSPORTATION
CURRENT OWNER: FREDERICKTOWNE GROUP, LC
REF: DEED BOOK 802 PAGE 1055
TM 64 ((A)) PRCL 89
ZONING: B-2 GENERAL BUSINESS
SITE AREA: TOTAL SITE AREA=49.9100 AC.
LOT 1=16.6807 AC.
LOT 2= 9.5306 AC.
LOT 3= 9.9972 AC.
' LOT 4= 5.0000 AC.
LOT 5= 4.1624 AC.
R.O.W. DEDICATION=4.5391 AC.
( FOR PUBLIC USE)
THIS SURVEY HAS BEEN PREPARED WITHOUT THE BENEFIT OF
A TITLE REPORT. THEREFORE THIS PLAT MAY NOT INDICATE
ALL ENCUMBRANCES ON THE PROPERTY.
THE EXISTENCE OF VEGETATED OR TIDAL WETLANDS WAS NOT
DETERMINED DURING THIS SURVEY.
O THE EXACT LOCATION OR EXISTENCE OF UNDERGROUND UTILITIES
WAS NOT ESTABLISHED DURING THIS SURVEY.
OUTPARCELS A & B NAMED HEREON WERE CREATED BY A PLAT
ENTITLED "FINAL SUBDIVISION PLAT OF A PORTION OF THE LAND
OF LEWIS M. COSTELLO ESTATE, ET. ALS-PRINCE FREDERICK
OFFICE PARK" RECORDED IN DEED BOOK 802 AT PAGES 1047
AND 1065.
I HEREBY CERTIFY THAT THIS SURVEY AND ANY INFORMATION SHOWN
HEREON IS BASED ON AN ACTUAL FIELD RUN SURVEY MADE UNDER MY
SUPERVISION AND THERE ARE NO APPARENT ENCROACHMENTS OTHER
THAN THOSE SHOWN OR NOTED.
LTH 01y, FINAL SUBDIVISION PLAT FOR
o� y PRINCE FREDERICK
OFFICE PARK PHASE 2
p SHAWNEE MAGISTERIAL DISTRICT
DAVID E IGGS FREDERICK COUNTY, VIRGINIA
A
DATE: OCTOBER 25, 1999 SCALE: 1 = 1000
No.1853 M
OVAID
l�s��o4 TRIAD ENGINEERING, INC.
200 AVIATION DRIVE WINCHESTER, VIRGINIA
(540) 667-9300 FAX (540) 667-2260
OCTOBER 25, 1999
SHEET 1 OF 9 CD-013
r.
W
W
W
�l
MATCHL/NE SEE SHEET 6
EX.Ro' FINAL SUBDIVISION PLAT FOR N/F
ATER ESMT. FREOER/CKTOWNE
795/34o PRINCE FREDERICK GROUP
t)
1 �
526-/7'3 w
ne✓7' 1 � 1
1
EX. Rol
ESMT. 1
795/340 ' •.II
/RS A
ESMT.
Raw_
MATC/HL/NE SEE SHEET 2
OFFICE PARK PHASE 2 zo EOM2
SHAWNEE MAGISTERIAL DISTRICT /NOusTR/AL $ON
FREDERICK COUNTY, VIRGINIA
460' DATE: OCTOBER 25. 1999 SCALE: 1" = 100'
35' BU/AC1< ��'�� O
SETBACK
TRIAD ENGINEERING. INC.
200 AVIATION DRIVE WINCHESTER. VIRGINIA
(540) 667-9300 FAX (540) 667-2260
ro s ~ 0 1
=w� i�lo
h •0
mj ao
= ORA/N.4GE
mii � i 802i/04/
f
N23`48'38"E �2���-��' ••�"'
-Ai1
BUFFER ~ � 1
7.78' �,.,...�*•�'„� E 25' /NACTA!E,._~~~------~
,.."t*„`....-..••-•�` __---~--~--- BUFFER _--~-_------------«--------1 � Q ��� l
ACTIVE _�-- N57'46'IrH G,�
- 35' BUILD/NG LOT 2
IRS, SETBACK
9.5306 AC.
• � N2/78J6�E � �• � � !
1
MO' WATER 35' BUILD/NG /
1 ESMT. SETBACK � �� Q� 1���, O
• 1 N6 49.97 B•w 20' SAN. , rh' 0 0. DAVID F
1 IRS ZO' WATER 35 BUILO/NG
SEW�ESMT ESMT. SETBACK �+• \O � RIM
No. 1 853
• _ — - - - _ ZO' SAN.
IRS 1 - SEW. ESMT.
JEX. Rol
WATER .. IRS /RS -� •
AC-
- mow) 795/340 20' WATER �•`�y+.s2- �
�ORNE lB0' R ESMT.
IRS .�, .. .�..�..�..�. .. �'•�
"•T•• i 35' BUILDING _
SETBACK ��
MATCHL/NE SEE _ _ _ _ _ _ - yam _•='
NOTEr SEE SHEET 2 $A/V. SFYK� SMT. 20' •`—�s`�@�
FOR CURVE ANO — S,'Gv --Z-,IAT- — — — — — — — �- •`��
LINE TABLES _
EX. 20'�
SANITARY ESMT. ORA/NAGE
v' LOT 3 838//480 ESMT.
9.9972 AC. MAT-Cl--IL/NE SEE SHEET 4
: OCTOBER 25, 1999
Y�
OUT PARCEL
�O
j0
f`0
"Air
o
20.4937 AC.
�
DRAINAGE
'
ESMT.
802//04/
0.002E A.C.
R.O.W. OEO/CAT/ON
SHEET 3 OF 9 CD-013
D
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r
F
L.
MATCHL/NE SEE SHEET 3
r
N•
MATCHL/NE SEE SHEET 9
!'� N5T48'39"E
23/.00' CTOTAU
0U7TPARCEL r�S49-I8.37"w
,. /� ,. 55.00'
f-1 4
20.4937 AC. ;
8O2//047 8ei
/065 vi, N/F
coo PRINCE FREOER/CK
GROUP
550-07'26"W � �` 802//047
407.91' rrOTAU ZONE B-2 / OFFICE
44.7/'
' • /•.� 2 ; 6- �N26'S3'39" �ijQa�+T (gyp
�, l Qe�(/0, �N5p ��s.E ��•"�Ii♦••♦•• �,"- 90.00' ®�
35' BU/LO/NG ' t � Q� / •"�►�• L-/07.06' '•♦•.`
SETBACK . �U,� •♦•.��R-40625'Y-10?
LOT 3 '
9.9972 AC. % �i t �4�I �� L--50.00
• R-30.00'
, o
. o .
CUL-OE-SAC R/W � �
N/F
W/NCHESTER REGIONAL
A/RPORT AUTHOR/TY
659//75
ZONE RA / A/RPORT
4B3./6' (TOTAL LOT 3)
....................r................
A0
�vPG
0
oql
• 7/.42' • /80.57'
.�..�..i ...................
S5S29'/7" 'Z424.24' (TOTAL)
,
1p
.t.� o
,
o.
o
(0
\0
S63'S7'S!"E
70.78'
/002.00'
CLOT TOTAL)
...................
DAVID E IGGzi
f4o. law '
3UR�
OCTOBER 25, 1999
INAL SUBDIVISION PLAT FOR
PRINCE FREDERICK
OFFICE PARK PHASE 2
SHAWNEE MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
DATE: OCTOBER 25, 1999 SCALE: 1" = 100'
TRIAD ENGINEERING, INC.
200 AVIATION DRIVE WINCHESTER, VIRGINIA
(540) 667-9300 FAX (540) 667-2260
SHEET 4 OF 9 CD-013
MATCHII E SEE SHEET 6
20' SAN.
20' WATER _ _ .�6"N/
ESMT. 3
- D/NG N6'';��DT.�••
SEW. ESMT. _-��; 35 BU/L$/9T �•••�
R
i-�-�- IRS ,..� .�.•�..� CDS% EL'LD�i
EX. 20'
WATER
ESMT.
MA7—C/—/L//VE SEE zf 795/340
�,J,.�■ C84Y R ABC, OT ,•+, •• g
��..�•'� 20' WATER 4.53� p/CAT/ON �9/R /'9
..�• ESMT. R�paN. D 4Q,26.E �.. t...(' �— —� �
�LOT
/6.6848 AC. IRS ------
_ -- — EX. 20'
••� �••'�•• �` = — — SANITARY EM ST.
20' SAN. ' 838//480
i UTILITY ESMT. SEW. ESMT.
%- EX. 30' 838//480 ; LOT 3
/ UT/L/TY ESMT. ' 35' BU/LO/NG �•���� AC.
838//480 SETBACK '
1
N/F r /
PATR/C/A G. &' 1
ALMA GIB/GGS
1
y
' �DF RIGGS 5:
No.1853
{ sulo�
OCTOBER 25. 1999
ZONE FINAL SUBDIVISION PLAT FOR
VACANT Ior PRINCE FREDERICK
' OFFICE PARK PHASE 2
SHAWNEE MAGISTERIAL DISTRICT
' FREDERICK COUNTY, VIRGINIA
DATE: OCTOBER 25, 1999 SCALE: 1" = 100'
Ii LOT 5 W' LOT 4 �r 1641a9
•�••,� 4./624 AC. A
S.0000 AC. 1TRIAD ENGINEERING, INC.
oil
AVIATION DRIVE WINCHESTER, VIRGINIA
�.•� ► lotN (540) 667-9300 FAX (540) 667-2260
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1
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924/973
ZONE RA
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1
1
WINCHESTER REGIONAL
AIRPORT AUTHOR/TY
J
1
659//75
1
i
ZONE RA -' AIRPORT
1 483J6'
(TOTAL
'
3/8.84' IRS
IRS LOT 3)
S551291/71E 2424.24' CTOTAL)
jT
NOTE. SEE SHEET 2
FOR CURVE TABLE
SHEET 5 OF 9 CD-013
/V/F
i
OELCO
tp �Z
DEVELOPMENT
ia{N
CO.
•
393/37/
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ZONE B2
SHOPPING
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N•N
ALMA G. BIGGS
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ZONE B2
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giro
gm
i
i
1
1
MATCHL//VE SEE SHEET 7
FINAL SUBDIVISION PLAT FOR
PRINCE FREDERICK
OFFICE PARK PHASE 2
SHAWNEE MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
DATE: OCTOBER 25, 1999 SCALE: 1" = 100'
CRIAD
TRIAD ENGINEERING, INC.
200 AVIATION DRIVE WINCHESTER. VIRGINIA
(540) 667-9300 FAX (540) 667-2260
LOT /
/0.6S07 AC.
35' BU/LO/NG RYCO LANE
SETBACK �' ' !R/W VAR/ES,)
4.5363 AC.
EX. 20' '1 1 R.O.W.OEO/CAT/ON
WATER ESMT. • ' S23'-4i8laaw
795/340 , i / /023.68 (TOTAL)
35' BUILDING
SETBACK LINE 20' SAN.
SEW. ESMT.
MA7-C1HL1NE SEE SHEET S
D
n
Z
r
I
if
(4
�flflj' F,F,LTH pay,
�4
DAVID F. IG(
NO. 1853
Q
OCTOBER 25, 1999
SHEET 6 OF 9 CD-013
CURVE
ARC
DELTA
RADIUS
TANGENT
CHORD
DIRECT/ON
CHORD
C/
220.78'
/3•/0138"
960.00,
//0.88'
S70'/7'44"E
2-20.30'
C2
399.29'
23.49'SO"
900.00,
eO2.57'
SS/147'301E
396.4/'
C3
432.56'
234'9'S0"
/040.00'
"9.45'
N5/•47'3O•W
429.F5'
C4
44.69'
02.29'09•
/030.00'
22.35'
N25'02'59'E
44.68'
CS
42A7'
02.29'09"
1
970.00,
2/A4'
S2'O2'S9"W
5
42.07'
C6
225.68'
/2'25'S9"
/040.00'
//3.28'
N69.55'25"W
225.24'
C7
34.24'
78.27147"
25.00"
20.4/'
S/0.53132•W
3/.62'
L/NE
LENGTH
BEAR/NG
L/
3/.62'
S/O'S3'32"W
L2
35.35'
1
N84.52132"W
L3
35.35'
N/8142129"W
L4
35.35'
S7/'/7'36"W
yTH Off;
14
OAVID F MG
L ,P,
OCTOBER 25, 1999
FINAL SUBDIVISION PLAT FOR
PRINCE FREDERICK
OFFICE PARK PHASE 2
SHAWNEE MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
DATE: OCTOBER 25, 1999 SCALE: 1" = 100'
CRIAD
TRIAD ENGINEERING, INC.
200 AVIATION DRIVE WINCHESTER, VIRGINIA
(540) 667-9300 FAX (540) 667-2260
/V/F I Ni
FREOER/CKTOWNE
GROUP v`
802//062 j�
ZONE "a
O
//VOUSTR/AL O
r
o Noo�i
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1
1 ;
• 1
1 •
1 �
1
• 1
1 •
KATHRYN L
STROSN/DER ET. AL •
798/300 `
ZONE B2 •
RES/GENT/AL � �
yll.MARLOW 8r BOARO605/68449 /V7O'7'7"W
�'Nx
ZONEB2 305.07' 1
AUTO SALES
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AC. �
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,
SETBACK
"AT-CHL//VE SEE SHEET 3
00
SHEET 2 OF 9 CD-013
MATCHL/NE SEE SHEET 9
i
r
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OUT F>ARCEL
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nAa m �
20.4937 AC. a
802//047 & 106E a
i
i
i
i
N/F
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GROUP
802//047
ZONE B2
OFF/CE
MATC/HL/NE SEE SHEET 4
N55'/2'/7'W
..............
399.6/'
-p TH OF
O
bA g F. RIGGS
N/F
CARPER'S VALLEY
GOLF CLUB
762/808
ZONE RA
GOLF COURSE
k
No� i
OCTOBER 25, 1999
FINAL SUBDIVISION PLAT FOR
PRINCE FREDERICK
OFFICE PARK PHASE 2
SHAWNEE MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
DATE: OCTOBER 25, 1999 SCALE: 1" = 100'
CRIAD
TRIAD ENGINEERING, INC.
200 AVIATION DRIVE WINCHESTER, VIRGINIA
(540) 667-9300 FAX (540) 667-2260
SHEET 9 OF 9 CD-013
FINAL SUBDIVISION PLAT FOR
PRINCE FREDERICK
OFFICE PARK PHASE 2
SHAWNEE MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
DATE: OCTOBER 25, 1999 SCALE: 1" _
1 i
00,
SN/f7LEY F. & I ;
gmm:q'jii) BERN/CE C. CARTER : 1
794/3/3 1 ;
ZONE B-2 : 1
COMMERC1AL/L/GHT 1. ;
TRIAD ENGINEERING, INC. /NOUSTR/AL
200 AVIATION DRIVE WINCHESTER, VIRGINIA yrawl
.
(540) 667-9300 FAX (540) 667-2260 !rip .
NI 1
:
N
41
TTW
rryq
V1
W
V
Q
N6/'38'44"W /F
� N
CARPER'S VALLEY
GOLF CLUB
762/808
ZONE RA
_—__ ♦, .■• GOLF COURSE
1
:0
1
N' �►
SH/RLEY F. CARTER i
ZONE B2
VACANT �•��•�
N/F ..�'• 1
KATHRYN L. i N'r' 3�4�''•' 1
STROSN/OER ET. AL. ,
7sa/3oo � ••� 29
ZONE B2 , �.••
RES/GENT/AL '•.I••'..�.. W;Q
b c�0 SMITH OF
''••30
5�p7�
OUT /=AF?CEL N o
Z o DAVID F. RIGGS
„A„ 1
NO.1853
00.4937 AC. i
802//047 8� 106E
i SUR
1 OCTOBER 25, 1999
i
MA7CHLINE SEE SHEET 9
SHEET 8 OF 9 CD-013
- — ROu-rc 5O W'B-L--
—
_ TO WATERLOO
- ROt/TE 50
___--- s4-7 � ((
*a
FINAL SUBDIVISION PLAT FOR �1
PRINCE FREDERICK
OFFICE PARK PHASE 2
SHAWNEE MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
DATE: OCTOBER 25, 1999 SCALE: 1" = 100'
CNAD
TRIAD E INC.
200 AVIATION DR OL91 TER, VIRGINIA
(540) 667-9 FAX 667-2260
EX.
UT/7/6/5O9bf� i I I i 1 50.26'
Lu it 1111 i 1
.1�
� Q�IIIi
11111
N/F
M/R/AM N. ROSEN
830/300
AVID F/SPRIGGS SHOPPONG CENTER .�
1 ill!
OELCO NO' 1 sw 1 1 I 1
DEVELOPMENTra
;, 1
ZONE B2 ���-
SHOPPyNG
11A
CENT R 20' SAN. IRS 1 1
OCTOBER 25, 1999 tb,
S68'/7'42"E SEW. ES".7---
70.9/� 7 4.9;� ITO,�/QL�....._.._.._..r■ 1 1 I I
50/f! �"W 560'�3
iII1� °�►
i
i j ►1
35' BUILD/NG , 111 III
�'� SETBACK � II I
NLOT / EX. aO'
^�P1 16.46(907 AC. W A795/340 T .
V j \ I yl0
Al-i 1 !I
aim j •I 1 1
N/F
W/NCHESTER
HARLEY OAV/O'S'ON
572/39
ZONE B2
RETAIL
EX. 3O'
UTILITY ESMT.
7/6/SO-9
"AT-ClLINE SEE SHEET 6
C. WILSON 8a
UNOA W. FLETCHER
843/759
ZONE B3
COMMERCIAL
TlrZ;cvov='Ees!
4.5363 AC.
R.O.W. OEO/CATION
11
_ FREOER/CKTOWNE
GROUP
802//062
ZONE M2
/NOUSTR/AL
SHEET 7 OF 9 CD-013
COMMONWEALTH of VIRGINIA
CHARLES D. NOTTINGHAM
COMMISSIONER
Mr. Richard Dick
C/O Fredericktowne Group, LC
1400 Millwood Pike
Winchester, VA 22602
DEPARTMENT OF TRANSPORTATION
EDINBURG RESIDENCY
14031 OLD VALLEY PIKE
EDINBURG, VA 22824
December 12, 2001
Ref: Prince Frederick Office Park
Costello Drive, Route 1367
Frederick County
Dear Mr. Dick:
JERRY A. COPP
RESIDENT ENGINEER
TELE (540) 984-5600
FAX (540)984.5607
A one year follow-up inspection has been performed on the referenced right-of-way
improvements. There are no deficiencies that can be attributed to defective
workmanship or materials.
We have requested our Central Office release your Letter of Credit #635 issued by
F & M Bank - Winchester in the amount of $7500.00. (This document will be returned
to the issuing bank.)
Should you have any questions, please call.
Sincerely,
Dave A. Heironimus
Hwy. Permits & Subd. Specialist Sr.
DAH/rf
xc: Mr. Bill Stover
Mr. Evan Wyatt RECEIVED
DEC 13 2001
^' nG DI AwikI(;AIFI/FI now.,
WE KEEP VIRGINIA MOVING
FILE coat
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
FAX: 540/ 678-0682
June 15, 2000
Mr. Stephen M. Gyurisin
TRIAD ENGINEERING
P.O. Box 2397
Winchester, Virginia 22604
RE: PRINCE FREDERICK OFFICE PARK, PHASE 2, COSTELLO AND RYCO LANE
Property Identification Number 64-A-89
Dear Steve:
This letter is to confirm that your subdivision design plan for Prince Frederick Office Park, Phase 2,
Costello and Ryco Lane, was administratively approved on June 13, 2000. In order to finalize this
plan, you will need to forward a copy of the recorded plats to our office.
If you have any questions regarding the approval of this subdivision design plan, please feel free to
call this office.
Sincerely,
Michael T. Ruddy
Zoning Administrator
MTR/ch
cc: Real Estate
W. Harrington Smith, Jr., Shawnee District Supervisor
Thomas Dickenson, Jr.
O:\Agendas\APPR_DEN.LTR\SUBDI VISIONS\PrinceFrederick. SUB.wpd
107 North Kent Street 9 Winchester, Virginia 22601-5000
cf BK805[G 1 002
0� DECLARATION OF PROTECTIVE COVENANTS
PRINCE FREDERICK OFFICE PARK
FREDERICK COUNTY, VIRGINIA
THIS DECLARATION OF PROTECTIVE CO EN NTS, ("the
Declaration") made as of this a day of �..- �J , 1993, by
Fredericktowne Group, L.C., a Virginia limited liability company
(hereinafter "the Declarant"); and Prince Frederick Group, L.C.,
a Virginia limited liability company (hereinafter "Prince
Frederick"),
WITNESSETH:
WHEREAS, Declarant acquired a 75.126 acre parcel of
land situated in Shawnee Magisterial District, Frederick County,
by deeds dated July 21, 1993, July 20, 1993 and July 23, 1993,
and recorded in the Clerk's Office of the Circuit Court of
Frederick County, Virginia in Deed Book 802 at Page 1055, Deed
Book 802 at Page 1059 and in Deed Book 802 at Page 1062, which
said parcel, together with the 16.777 acre parcel described in a
succeeding paragraph, being hereinafter referred to as "the
Property"; and
WHEREAS, by deed of dedication dated July 23, 1993,
recorded in Deed Book 802 at Page 1065, the Declarant did
dedicate as a public street a portion of Prince Frederick Drive
as shown on the plat attached to said deed of dedication; and
WHEREAS, by deed dated the 21st, 20th and 23rd day of
July, 1993, recorded in Deed Book 802 at Pages 992, 1001 and
1047, Prince Frederick acquired a certain 16.777 acre parcel of
land situated in Shawnee Magisterial District, Frederick County,
Virginia; and
WHEREAS, the Declarant and Prince Frederick wish to
provide for the development, enhancement and maintenance of the
Property as a business office park in a way which will protect
property values by providing for the development of such land in
accordance with a common plan and maintenance of certain shared
facilities; and
WHEREAS, Prince Frederick joins in this instrument, to
evidence its consent to the application of the provisions hereof
becoming applicable to its 16.777 acre parcel.
NOW THEREFORE this Declaration
W I T N E S S E T H:
For and in consideration of the mutual benefits accruing to
them by virtue hereof, and the sum of One Dollar ($1.00) paid by
each party to each of the others, receipt of which each party
hereby acknowledges, the Declarant and Prince Frederick being all
of the Owners (as hereinafter defined) of the Property do hereby
declare that the Property, and any additional land which may
hereafter be subjected to this Declaration by Declarant or its
`BK805rG1003
successor(s) in interest, shall be held, transferred, sold and
conveyed subject to the covenants, restrictions, easements,
charges and liens hereinafter set forth. This Declaration shall
run with the land and every part thereof and shall be binding
upon and shall inure to the benefit of all owners, lessees,
licensees, tenants, and occupants of any part of the Property and
their successors and assigns.
a
"Owner" means any record owner of land within the Property.
"Board of Review" means the Board of Review as described in
Sec,ti n-n 3.02 hereof.
"Association" or "Users Association" means the Prince
Frederick Property Owners Association as described in Section
7.01 hereof.
"Lot" means any lot or parcel of land in the Property, now or
hereafter created, excluding.land dedicated to the public
use.
"Phase" means any phase of the master development plan for
the Property and any additional land made subject hereto as
approved by the Board of Supervisors of Frederick County,
Virginia.
ARTICLE I
RESTRICTIONS ON USE OF LOTS AND COMMON
AREA; RULES AND REGULATIONS
No Lot shall be used for purposes other than the
purposes for which such Lot is zoned and designed and which
are permissible under local zoning ordinances.
Notwithstanding the foregoing, nothing shall be construed to
prohibit the Declarant or its designees from using any Lot
owned by the Declarant (or any other Lot with the permission
of the Owner thereof) or any portion of the Common Area for
promotional, marketing, display or customer service purposes.
Further, the Declarant specifically reserves the right to
operate a construction office or a rental, brokerage and
management office at any time on Lots owned or leased by the
Declarant (or any other Lot with the permission of the Owner
thereof) and on any portion of the Common Area, to the extent
permitted by law.
1.01. Prohibited Uses. Except as otherwise
specifically prohibited herein, any uses allowed under
applicable Frederick County, Virginia zoning regulations will
be permitted upon a Lot. Such approved uses shall be
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8K805FG 1 004
performed or carried out entirely within a building that is
so designed and constructed that the enclosed operations and
uses do not cause or produce a nuisance to other owners.
1.02. Restrictions on Use.
(a) No Waste. No Person shall permit anything to
be done or kept on the Property which will result in the
cancellation of any insurance on•the Common Area or any part
thereof or which would be in violation of any law, regulation
or administrative ruling. No.waste will be committed on the
Property.
(b) Compliance with Laws. No improper, offensive
or unlawful use shall be made of the Property or any part
thereof, and all valid laws, zoning ordinances and
regulations of all governmental agencies having jurisdiction
thereof shall be observed. All laws, orders, rules,
regulations or requirements of any governmental agency having
jurisdiction thereof relating to any portion of the Property
shall be complied with.
(c) Harmful Discharges. No person shall allow the
escape or discharge of any fumes, odors, gases, vapors,
steam, acids or other substances into the atmosphere which
discharge may be detrimental to the health, safety or welfare
of the area or which may be harmful to the Property or
vegetation located thereon.
(d) Noise. At no point outside of any Lot shall
the sound of any machine, device, or any combination of same,
from any operation on or within such Lot, exceed the maximum
sound pressure levels allowable under local zoning ordinances
for commercial districts.
(e) Obstructions. No Person shall obstruct any of
the Common Area or otherwise impede the rightful access of
any other Person on any portion of the Property upon which
such Person has the right to be. No Person shall place or
cause or permit anything to be placed on or in any portion of
the Common Area without the approval of the Declarant, the
Board of Review or the Association. Nothing shall be altered
or constructed in or removed from the Common Area except with
the prior written approval of the Declarant, the Board of
Review or the Association.
(f) Signs. Except for such signs as may be posted
by the Declarant or a Builder (as permitted by the Declarant)
for promotional or marketing purposes or by the Association,
no signs of any character shall be erected, posted or
displayed in a location that is visible from the Common Area
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BK8051.1; 1 005
or any other Lot without the prior written approval of the
Declarant, the Board of Review or the Association.
(g) Trash. Except in connection with construction
activities, no open burning of any trash and no accumulation
or storage of litter, refuse, bulk materials, building
materials or trash of any other kind'shall be permitted on
any Lot. Trash containers shall not be permitted to remain in
public view from the Common Area or another Lot except on
days of trash collection.
(h) Landscaping: Utility Lines. No tree, hedge or
other landscape feature shall be planted or maintained in a
location which obstructs sight -lines for vehicular traffic on
public or private streets. Pavement, plantings and other
landscape materials shall not be placed or permitted to
remain upon any Lot: (i) if such materials may damage or
interfere with any easement for the installation or
maintenance of utilities; (ii) in violation of the
requirements of such easements; (iii) unless in conformity
with public utility standards; or (iv) if such materials may
unreasonably change, obstruct or retard direction or flow of
any drainage channels.
(i) Temporary Structures. No structure of a
temporary character shall be erected, used or maintained on
any Lot except in connection with construction activities
without the prior written approval of the Declarant or the
Association.
(j) Cutting Trees. The Board of Review shall set
rules for cutting of trees to allow for selective clearing or
cutting.
(k) Maintenance Responsibilities. Owners and
occupants of any Lot shall, jointly and severally, have the
duty and responsibility, at their sole cost and expense, to
keep that part of the Property so owned or occupied,
including buildings, parking structures, grounds, landscaping
and all other improvements in connection therewith, in a
well -maintained, safe, clean and attractive condition at all
times. Such maintenance includes, but it not limited to, the
following; Removing litter and trash from the grounds; mowing
of and lawns and, if the Lot is unimproved, weeds must be cut
below twenty-four (24) inches; pruning of trees and
shrubbery; watering and fertilizing; keeping lawn and
landscaped areas alive, and free of weeds; keeping parking
areas, driveways and private roads in good repair, including
but not limited to striping and sealing; keeping site
irrigation and drainage systems in good repair; removing snow
and ice from walks, driveways and parking areas; keeping
exterior signs and lighting in good repair and working order;
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BK805rc 1 006
keeping mechanical facilities in working order; and complying
with all governmental, health, police and fire requirements,
statutes and regulations. All exterior painted surfaces shall
be repainted at least every five (5) years, unless a waiver
is obtained from the Board of Review. In addition, streets
affording access to any Owner's Lot shall be cleaned by such
Owner whenever construction activity into and out of the Lot
renders such streets in need of cleaning in order to keep
their neat and attractive appearance.
(1) Antenna. No outside antenna, satellite dish,
or amateur radio equipment or similar equipment shall be
maintained upon the Property without the prior written
approval of the Board of Review unless such antenna shall be
so located that it is not Visible from Neighboring Property.
(m) Fences. Except for any fence installed by the
Declarant or a Builder or by the Association, no fence shall
be installed except with the prior written approval of the
Board of Review.
(n) Buildings. No building wall exterior shall be
constructed of wood or metal, and no such wall exterior, if
clearly visible from any street, shall be construed of
standard concrete block or cinder block. Construction of such
wall exteriors with decorative block is permitted, and trim
may be constructed of wood or metal. Additionally, metal
accent walls or roofs, such as metal mansard roof, metal
blowout panels (where required for safety) are permitted.
(o) Non-residential Use: Rezoning. No Owner,
contract purchaser, or occupant of any Lot or portion of the
Property shall apply for rezoning or change of proffers for
any part of the Property without the prior written consent of
Declarant, and such consent may be granted or withheld in the
Declarant's sole and absolute discretion.
(p) Parking. At all times, any'Owner shall
provide automobile and truck parking (not less than required
by the Zoning Ordinance of the local government having
jurisdiction) on such Owner's Lot adequate for the parking
needs of its employees,.visitors and company vehicles.
Vehicular parking on any public street within, adjacent to,
or near the Property is expressly prohibited. Each Owner
shall use its best efforts to prevent its employees, lessees,
agents, customers and visitors from parking on any street
within the Property. Any Owner shall have the right to cause
vehicles parked in violation to be removed by towing or
otherwise at the expense of the owner of the vehicle parked
in violation.
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BK80�rGI001
1.03. Rules and Regulations. The Declarant or the
Association shall have the power to adopt, amend and repeal
Rules and Regulations restricting and regulating the use and
enjoyment of the Property or of any portion thereof and the
actions of the Owners and occupants which affect the
Property. The Rules and Regulations shall not unreasonably
interfere with the use or enjoyment of the Lots or Common
Area or the reasonable conduct of business on the Lots.
.�
1.04. Restriction on Further Subdivision. A Lot
may be subdivided or altered so as to relocate the boundaries
between such Lot and any adjoining Lot, only with the prior
written approval of the Declarant, the Board of Review or the
Association, and with any required approvals bX the
Mortgagees of the affected Lots and the appropriate
governmental authorities. No portion of any Lot, nor any
easement or other interest therein, shall be conveyed or
transferred by an Owner without the prior written approval of
the Declarant or the Association. This section is not
intended to require the approval of the Declarant or the
Association to deeds of correction, deeds to resolve boundary
line disputes or similar corrective instruments, or deeds
granting any easement, right-of-way or license to any
governmental or public entity, utility, or the Declarant for
any purpose.
ARTICLE II
EASEMENTS
2.01. General Utility Easement. A non-exclusive
blanket easement is hereby granted over and through the
Property, Common Area or any Lot within twenty (20) feet of
any boundary line of the Lot (except that no easements may be
granted which runs or will run under dwellings except to
serve such dwellings) for the purpose of: (i) installing,
constructing, operating, maintaining, repairing or replacing
equipment used to provide to any portion of the Property or
adjacent land any utilities, including without limitation
water, sewer, drainage, gas, electricity, telephone and
television service, whether public or private; and
(ii) ingress and egress to install, construct, operate,
maintain, repair and replace such equipment and (iii) storm
water management and storm water drainage, as necessary or
desirable for the orderly development of the Property or
adjacent land. Such easement is hereby granted to any Person
providing the aforesaid utilities or installing,
constructing, maintaining, repairing or replacing equipment
related thereto. Any pipes, conduits, lines, wires,
transformers and any other apparatus necessary for the
provision or metering of any utility may be installed or
relocated only where permitted by the Declarant, where
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BK805FG 1 008
contemplated on any site plan approved by the Declarant or
the Board of Review. The Person providing a service or
installing a utility pursuant to this easement shall install,
construct, maintain, repair or replace the equipment used to
provide or meter the utility as promptly and expeditiously as
possible, and shall restore the surface of the land and the
surrounding vegetation and improvements to their original
condition (to the extent practicable) as soon as possible.
If the Person installing the utility or providing a service
requests a specific easement by separate recordable document
then the Declarant or the Association shall have the power to
grant such easements.
2.02. Easements to Facilitate Development.
(a) The Declarant hereby reserves to itself
and its successors and assigns and also grants to each
Builder a nonexclusive blanket easement over and through the
Property for all purposes reasonably related to the
development and completion of improvements on the Property,
including without limitation: (i) temporary slope and
construction easements; (ii) easements for the temporary
storage (in a sightly manner) of reasonable supplies of
building materials and equipment necessary to complete
improvements; (iii) easements for the construction,
installation and Upkeep of improvements (e.g., buildings,
landscaping, street lights, signage, etc.) on the Property or
reasonably necessary to serve the Property and Additional
Land.
(b) Easement to Facilitate Sales. The
Declarant hereby reserves to itself, its successors and
assigns and also grants to each Builder the right to:
(i) use any Lots owned or leased by the Declarant or such
Builder, any other Lot with written consent of the Owner
thereof or any portion of the Common Area as models,
management offices, sales offices, a visitors' center,
construction offices, customer service offices or sales
office parking areas; (ii) place and maintain in any location
on the Common Area and each Lot within thirty feet of any lot
boundary line abutting a public or private street or roadway,
street and directional signs, temporary promotional signs,
plantings, street lights, entrance features, lighting, stone,
wood or masonry walls or fences and other related signs and
landscaping features or to grant easements for the
maintenance of any of the foregoing; and (iii) relocate or
remove all or any of the above from time to time at the
Declarant's or Builder's, as appropriate sole discretion.
The Association is hereby granted an easement to maintain any
permanent structure or landscaping installed under (ii)
above.
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BK805►' 1000
2.03. Easement to Correct Drainage. The
Declarant reserves to itself and its successors and assigns,
including any Association created, an easement and right on,
over and under the ground within each Lot and the Common Area
to maintain and to correct drainage of surface water in order
to maintain reasonable standards of health, safety and
appearance, including any necessary right of access. Such
right expressly includes the right to cut any trees, bushes
or shrubbery, to regrade the land, or to take any other
similar action reasonably necessary, following which the
Declarant or Association, as applicable, shall restore the
affected property to its original condition as near as
practicable.
2.04. Storm Water Management Easement. The
Declarant hereby reserves to itself and its successors and
assigns an easement and the right to grant and reserve
easements over and through the Property, including the Common
Area for the construction and Upkeep of storm water
management facilities and drainage, including storm water
retention areas and storm sewer. The Declarant shall also
have the right to allow the owners of adjacent properties to
tie their storm water management and drainage facilities into
the storm water management and drainage facilities for the
Property; provided, however, that the owners of such adjacent
properties agree to bear a portion of the expense of Upkeep
for the storm water management and drainage facilities for
the Property in such amount as may be deemed appropriate by
the Declarant.
2.05. The Declarant hereby reserves to itself and
its designees easements over and through all or any portions
of the Property for the following purposes:
(a) Planting, replanting, maintaining,
protecting, enhancing and otherwise controlling (including
all landscaping) the Common Area.
(b) Locating, relocating, constructing,
maintaining, protecting and otherwise controlling all
electrical, oil, gas, solar, television and telephone,
microwave, cable, sanitary and storm sewer, and public water
facilities (including pipes, conduits, lines, wires,
transformers, manholes, inlets and other appurtenances), but
only where such facilities serve lots other than the Lot on
which the specific facilities in question are located.
(c) Locating, relocating, constructing,
maintaining, protecting and otherwise controlling all project
signage located on the Common Area and controlling signage
installed by Owners for other purposes.
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BK805 U I_ J
ARTICLE III
3.01. Purpose. There is created hereby a Board of
Review whose purpose is to assure that the Property shall
always be maintained in a manner: (a) Providing for visual
harmony and soundness of repair; (b) Avoiding activities
deleterious to the aesthetic or property value of the
Property; and (c) Promoting the general welfare and safety of
the owners.
3.02. Board of Review. The Board of Review shall
consist of not fewer than three (3) nor more than five (5)
persons ("the Board of Review"). The Board of Review shall
have the power to review, and, by a majority action, to
approve, disapprove, or approve with conditions, all plans
for development or construction within the Property in
accordance with the procedures set forth in Article IV of
this Declaration. The Board of Review also shall have those
other duties and responsibilities as are elsewhere specified
in this Declaration. The initial Board of Review shall be
Richard G. Dick, William H. Clement, Lewis Michael Costello
and Whitney L. Wagner. Any vacancy on the Board may be filled
by appointment by the remaining members, or, if there are no
members remaining, by appointment by the Owner holding the
greatest acreage within the Property.
ARTICLE IV
ARCHITECTURAL REVIEW PROCEDURES
4.01. Preliminary Submission. Prior to the
commencement of any clearing, grading or construction, the
Owner or his designated representative shall submit
("Preliminary Submission") to the Board of Review three ( 3
copies of a preliminary plan in accordance with development
guidelines provided by the Board of Review setting forth the
following:
(a). A master plan for full development of the lot or
parcel of land;
(b). A site plan and schematic design of the area
proposed for immediate development showing:
(1). Location of all structures, easements, street
rights -of -way, and setback lines;
(2). Location of all walks, parking areas, off-
street loading areas, driveways and outside storage areas;
(3). Location of all landscaping features and
existing trees to be preserved, and limits of clearing and
grading;
(4). Site coverage data and calculations;
BK805VU 1 01 i
(5). Parking data and calculations, including base
data for projected needs;
(6). Site drainage plans, data and calculations;
and
(7). A grading plan showing existing and proposed
contours at two (2) foot or lesser intervals, and including
spot elevations at appropriate locations.
(c). Architectural building elevation drawings of each
building face; �.
(d). Building materials and color information, with
samples if available;
(e). Description of the proposed use or uses; and
(f). Satisfactory evidence that the proposed plan is in
conformity with all applicable governmental ordinances.
Within not more than twenty-one (21) days following
delivery of Owner's submission to a representative of the
Board of Review, the Board shall review the submission in a
meeting at which the Owner or Owner's representative shall be
entitled to be present, and within ten (10) days following
the conclusion of the meeting the Board shall provide the
Owner or Owner's representative a written approval, approval
with conditions, or disapproval.
4.02. Final Submission. Following approval of a
Preliminary Submission and prior to commencement of any
clearing, grading or construction the Owner or his designated
representative shall submit ("Final Submission") to the Board
of Review three (3) copies of all site plans and related
plans, applications for permits, construction drawings and
specifications and other drawings submitted for governmental
approval. In addition to the information required for the
Preliminary Submission, the Final Submission shall include:
(a). Location of all walks, driveways and curbs;
(b). Layout and location of all parking area,
including location and dimension of all spaces, circulation
aisles, landscaping, curbs and wheel -bumpers;
(c). Layout and location of all off-street loading
areas;
(d). Layout and location of all outside storage
areas (if any), including identification and size of the
material to be stored, and the location, type and dimensions
of all fencing and screening;
(e). Location, height, intensity and fixture type
of all exterior lighting;
(f). Location, size and type of all pipes, lines,
conduits, and appurtenant equipment and facilities for the
transmission of sanitary sewage, drainage and storm water,
potable water, and other utility services;
(g). Location, size and type of all fencing;
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BK805f G 10 12
(h). Final building construction drawings,
including architectural, structural, electrical, mechanical
and plumbing plans;
(i). Design of temporary construction sign;
(j). Design and location of permanent sign; and
(k). Such other data as may be specified in written
development guidelines ("Development Guidelines"), if any be
promulgated by the Board of Review.
1,
4.03. Ng Use Prior to Approval. No building,
structure or improvement of any kind shall be commenced,
installed, erected, placed, assembled, altered, occupied or
permitted to remain on any lot, nor shall any use be
commenced on any Lot, unless and until the Final Submission
for the same (including a description of the proposed use)
has been submitted to, and reviewed and approved by the Board
of Review in accordance with this Article IV. No Owner shall
commence clearing or grading or construction of any site
improvement prior to Final Submission of the development
proposal to the Board of Review and approval thereof by the
Board of Review. Notwithstanding the foregoing, special
provision for fast -track construction will be considered by
the Board of Review on a case -by -case basis, and applications
for such construction will not be unreasonably denied.
4.04. Presumption 21 Compliance. Upon approval by
the Board of Review of a Final Submission for any Lot,
subject only to conditions contained in the approval, all
development shown on the Final Submission shall be deemed to
comply with the requirements of this Declaration. If the
Board of Review, after having reviewed and approved a
Preliminary Submission, shall fail to respond to a Final
Submission within twenty-one (21) days after receipt thereof,
the Final Submission shall be deemed approved.
4.05 Prior Approvals. Existing buildings and
other uses of land which comply with the Existing Covenants,
or which have been approved for use under the Existing
Covenants by the Board of Review, are conclusively deemed to
comply with these covenants.
ARTICLE V
5.01. Annual General Assessments. Declarant and
Prince Frederick hereby covenants and declare that each
entity holding record title to a Lot in the Property, by
acceptance of a deed thereto, shall be deemed to covenant and
agree to pay an annual general assessment to the Association,
in the event such Association hereafter shall be established
pursuant to Article VII hereof, and in the further event the
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eKoos}� i o 3
- Association thereafter shall determine to establish an annual
general assessment. Prince Frederick joins in to agree that
its 16.777 acres lot shall be subject to such assessments.
Such assessments shall be used to pay the cost of management
and upkeep of the common areas to include but not limited to
Prince Frederick Drive (until the same has been accepted into
the State Highway System) and any and all storm water
detention ponds and areas.
5.02. Special Assessments. Each Owner of a portion
of the Property, by acceptance of a deed thereto, shall be
deemed to covenant and agree to pay to any other Owner or the
Association, a special assessment for the reasonable costs,
4-cluding attorney fees, incurred in bringing such Lot into
compliance with the provisions of this Declaration. Such
payment shall be due within ten (10) days after the party so
assessed receives written notice of such assessment from the
Board of Review, together with reasonable documentation to
support the amount of the assessment.
5.03. Liability for Assessments. The annual
general assessments and special assessments shall be a charge
and shall constitute a continuing lien upon each Lot against
which such assessment is made, and shall also be the personal
obligation of the Owner of such Lot when the assessment is
made.
5.04. Remedies in the Event of Default. If any
assessment or charge is not paid within thirty (30) days
after the due date, the Owner shall be liable for interest
from due date at twelve percent (12%) per annum together with
costs and reasonable attorney's fees. If the assessment or
charge is not paid within sixty (60) days from the due date,
the Users Association may, after ten (10) days written
notice, file a written notice of lien among the land records,
or bring action at law or in equity to enforce liens and
collect arrearage.
ARTICLE VI
ENFORCEMENT AND REMEDIES
6.01. Owners' Remedies. Any Owner may institute a
proceeding at law or in equity against any persons who have
violated or are attempting to violate any of the provisions
of this Declaration, to enjoin or prevent them from doing so,
to cause said violation to be remedied and/or to recover
damages for said violation.
6.02. Right o€ Inspection. During normal business
hours and subject to reasonable security requirements,
Declarant, its successors, and its agents shall have the
01PIC
BK805Pc 10 1 lr
right to enter upon any Lot, at reasonable times and with
reasonable notice, for the purpose of ascertaining whether
this Declaration has been or is being complied with. Any such
entry shall be deemed by permission, and neither Declarant
nor any member or agent or employee thereof shall be deemed
liable for any manner of trespass. Any person so entering
shall covenant to preserve the proprietary rights and trade
secrets of the Owner thereof, and shall execute reasonable
documents to memorialize that covenant.
6.03. Right _of Entry f-9x Enforcement. In the event
that Declarant, the Board of Review or the Association
determines that an owner is in violation or in breach of this
Declaration, the Declarant must before taking further action
serve written notice of said breach or violation upon the
owner. The Owner shall have ten (10) days to respond to
Declarant. Should the Declarant and the Owner fail to reach
an agreement concerning the aforesaid breach, or if the Owner
fails to commence to cure such breach in a diligent manner,
Declarant and its agents shall have the right, upon ten (10)
days advance written notice to enter upon the Lot upon or as
to which said violation or breach exists and summarily to
abate and remove, at the expense of the Owner thereof, any
structure, object or condition that may be or may exist there
contrary to the specific provisions (provided, however, that
if the Owner shall have secured approval from the Board of
Review for a certain condition, or is in the process of
securing such approval from the Board of Review, or has
started curing said breach and the corrective action cannot
be completed within the aforesaid ten (10) day period, the
Owner shall be deemed not to have violated or breached this
Declaration). Actions contemplated hereunder shall include,
without in any way limiting the generality of the foregoing,
the care and maintenance of landscaping and lawns, care and
maintenance of improvements, removal of trash and debris,
removal of dirt from streets and parking areas resulting from
construction activity, abatement of nuisances, and removal or
relocation of signs. In the event, pursuant to and in
compliance with this paragraph, Declarant or its duly
authorized agents enter upon any Lot for the purpose of
abating or removing any violation or breach of this
Declaration, neither the person entering nor the person
directing the entry shall be deemed liable for any manner of
trespass for such action, and the Owner of such Lot shall
promptly reimburse Declarant for the cost thereof. Payment of
such amount shall be secured by a lien against the Lot and
improvements thereon of such Owner, which lien may be
enforced in any manner available at law or in equity.
However, such lien shall be inferior to prior deed of trust
liens as provided herein. If such amount is not paid in full
within thirty (30) days after such owner is billed therefor
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BKB05Fc I 0 ! 5
by Declarant, then Declarant may institute appropriate action
to collect such amount, together
with interest from the due date at the rate of 12% per annum,
costs, and reasonable attorneys' fees.
6.04. Cumulative Remedies. The remedies hereby
specified are cumulative, and this specification shall not be
deemed to preclude any aggrieved person's resort to any other
remedy hereunder, at law or in equity.
6.05. Non -Waiver. No delay or failure on the part
of an aggrieved party to invoke any available remedy in
respect to a violation of any provision of this Declaration
shall be held to be a waiver by the person of (or an estoppel
of that person to assert) any right available to him upon
recurrence or continuance of said violation or the occurrence
of a different violation.
6.06. Assignment of Rights and Duties. Any and all
of the rights, powers and reservations of the Declarant
herein contained may be specifically assigned by Declarant to
any person, and upon any such person consenting in writing to
accept such assignment and assume such rights and powers, he
shall, to the extent of such assignment, have the same rights
and powers as are given to Declarant herein. No conveyance
by the Declarant, or its assigns, of any part of its land or
any interest therein shall be deemed to be, or construed as,
an assignment of any right, power, or reservation, unless
such is specifically transferred.or assigned in writing by
Declarant, or its assigns. Any assignment or appointment made
under this section shall not be effective unless recorded
among the appropriate land records.
6.07. Constructive Notice. Each Owner, lessee,
licensee and occupant, by acceptance of a deed conveying
title to a part of the Property, or the execution of a
contract for the purchase hereof, or the acceptance of a
lease or license therefor, or the taking possession thereof,
whether from Declarant or other owner or lessee, shall accept
such deed, contract, lease, license or possession upon and
subject to each and all of the provisions of this
Declaration, and also the jurisdiction, rights and powers of
Declarant and its successors and assigns, and by such
acceptance shall for himself, his heirs, personal
representatives, successors and assigns, covenant, consent
and agree to and with Declarant, its successors and assigns,
and to and with the other Owners to keep, observe, comply
with and perform the requirements of this Declaration,
whether or not any reference to this Declaration is contained
in the instrument by which such person acquired said
interest. Every person who now or hereafter owns or acquires
any rights, title, or interest in
-14-
BK805F'G 10 1 C
or to any portion of the Property is and shall be
conclusively deemed to have consented and agreed to the
provisions of this Declaration, whether or not any reference
to this Declaration is contained in the instrument by which
such person acquired an interest in said real property.
Notwithstanding the foregoing, Owners, lessees, licensees,
and occupants agree to refer to this Declaration in deeds,
leases and licenses covering any portion of the Land and to
make this Declaration binding upGn all owners, lessees,
licensees and occupants.
6.08. Waiver. All rights and remedies of Declarant
under this Declaration are optional, and shall not impose any
duty or obligation on Declarant.
6.09. Subordination to Mortgages and Deeds of
Trust. Liens or charges resulting from general and special
assessments permitted hereby shall be subordinate to the
liens of first and second deeds of trust placed for the
purpose of financing and refinancing buildings and
improvements upon any portion of the Property; it is further
provided, however, that any such assessment lien shall not be
subordinate to any blanket deed of trust lien (wherein other
lots or properties, either within the Property or elsewhere,
are also encumbered by and within a common deed of trust).
The sale or transfer of any Lot pursuant to a foreclosure
shall extinguish the lien of assessments and charges which
become due prior to such sale or transfer. However, sale or
transfer of any Lot other than by foreclosure shall not
affect any assessment lien, and no sale or transfer by
foreclosure or otherwise shall relieve the grantee from
liability for any assessments or charges which thereafter
become due or from the lien thereof.
ARTICLE VII
PROPERTY OWNERS ASSOCIATION
7.01. Declarant hereby reserves the right to
hereafter establish or create a non -stock, non-profit
association to be known as Prince Frederick Property Owners
Association, or a similar name (the "Association"). The
purpose of such Association may include, but is not limited
to, the provision of maintenance of common areas, open
spaces, ponds, storm drainage facilities, walkways, streets,
landscaping, signs, street lights, and recreation amenities,
and the obtaining of any insurance deemed appropriate, and
the provision of administration of the responsibilities
associated with the Association, including the payment of
real estate taxes on any common area, reasonable staff
salaries, and the costs of operating the Association.
Declarant also hereby reserves the express right, at any time
-is-
• BK805PC 10 1 7
following the establishment of the Association, to assign
such of its property, rights, powers and duties as it may
elect to the Association, and the Association thereupon shall
be deemed to have automatically accepted such assignment
without the requirement for any action to be taken by the
Association as to such assignment. If any such Association
shall be established in the future, among other provisions,
its organizational documents shall provide that membership in
the Association of all Owners of lots and properties within
the Property including the 16.777 acres of Prince Frederick
shall be compulsory and that payment of assessments shall be
mandatory. Such Association shall also provide that members
of the association are to be limited to the Declarant and the
owners of Lots. If more than one person owno a Lot, then all
of the persons who own such Lot shall collectively constitute
one owner and be one member of the Association. The
Association shall have Class A and Class B members. Class A
members shall have one vote for each acre of the property
owned. Fractional votes in value will be counted. Class B
members shall be the declarant who shall have one and a half
votes for each acre of property owned.
For purposes of determining votes for Class A members,
such members shall be entitled to one-half (1/2) of one vote
for each fraction of an acre owned consisting of one-half
(1/2) acre or less and one (1) vote for each fraction of an
acre owned consisting of more than one-half (1/2) acre. For
purposes of determining votes for Class B members, such
members shall be entitled to three -fourths (3/4) of one vote
for each fraction of an acre owned consisting of one-half
(1/2) acre or less and one and one-half (1 1/2) votes for
each fraction of an acre owned consisting of more than one-
half (1/2) acre.
ARTICLE VIII
DURATION. MODIFICATION AND REPEAL
8.01. Duration. This Declaration shall continue
and remain in full force and effect at all times (subject,
however, to the right to amend, vacate and repeal as provided
for herein) for a period of twenty (20) years from the date
of recordation of the Declaration among the land records of
Frederick County, Virginia, and shall be automatically
extended thereafter for successive periods of ten (10) years
each, subject to termination as provided below.
The Declarant reserves the right to withdraw any
Phase of the Property until such time as a Lot in such Phase
is owned by an owner other than the Declarant, by recording
an amendment to this Declaration.
-16-
eK805ic1 0I u
8.02. Modification. This Declaration, or any
provision hereof, may be reasonably modified or amended, or
may be expanded to incorporate additional real property
within the area defined as the Property, with the written
consent of the Owners of at least sixty percent (60%) of the
area of the Property (excluding streets dedicated to public
use), which written consent must be in the form of a properly
executed written instrument setting forth the terms thereof
and be duly recorded among the land records; provided,
however, that so long as Declarant herein owns at least
twenty percent (20%) of the Property (excluding streets
dedicated to public use), no such amendment or modification
shall be effective without its written approval. It is
further provided, however, that any part of the Property may
be dedicated or conveyed for public streets or other public
use free and clear of this Declaration by the execution and
delivery of a deed by the Owner thereof to the appropriate
governmental body. Declarant shall be entitled at any time,
and from time to time, to subdivide or resubdivide and to
apply additional subdivision restrictions or amendments
thereto with respect to any portion of the Property owned
Declarant.
8.03 Vacation, This Declaration may be vacated at
any time with the written consent of the Owners of at least
eighty percent (80%) of the area of the Property (excluding
streets dedicated to public use), which written consent must
be in the form of a properly executed written instrument
setting forth the terms thereof and be duly recorded among
the land records; provided, however, that so long as
Fredericktowne Group, L.C. or it's successor as Declarant
herein owns at least twenty percent (20%) of the Property
(excluding streets dedicated to public use), no such vacation
shall be effective without its written approval.
ARTICLE IX
MISCELLANEOUS
9.01. Variance. With the written concurrence of
the Board of Review, Fredericktowne Group, L.C. shall have
the power to grant reasonable variances from provisions of
this Declaration in order to overcome practical difficulties
or unnecessary hardship, provided, however, that any such
variance shall not, in the opinion of a majority of the Board
of Review, materially injure or adversely impact the
Property. No variance granted pursuant to the authority
herein reserved shall constitute a waiver of any provision of
this Declaration as applied to any other person or Lot.
9.02. Partial Invalidity. If any provision of this
Declaration is held invalid or unenforceable by any Court of
-17-
,eK805r'cIQi9
competent jurisdiction the invalidity of such provision shall
not affect the validity of the remaining provisions of this
Declaration.
9.03. Notice. Any written notice required or
permitted under this Declaration shall be deemed to have been
given when delivered to the Owner in person or,
alternatively, within five (5) days after being sent by
certified mail, return receipt requested, to the address
shown for the Owner among the real estate tax records of
Frederick County, Virginia.
9.04. Captions. The captions included within the
Declaration are for convenience only and shall not limit the
meaning, effect or scope of any provision of this
Declaration.
9.05. Governing Law. This Declaration shall be
construed in accordance with the laws of the Commonwealth of
Virginia.
WITNESS the following signatures and seals:
THE FREDERICKTOWNE GROUP, L.C.
a limited liabilitv-zGava y-
By.
By.
T
, Manager
William H. Clement, Manager
PRINCE FREDERICK GROUP, L C.
a 1
By.
By.
William H. Clement, Manager
By:
am eL. McIlvaine, r.,
AMafiggs
er
By:
Ralph D. Shockey
Manager
-18-
BK8051131020
COMMONWEALTH OF VIRGINIA, AT -LARGE
OF W;� , to -wit:
The foregoing instrument was acknowledged before me
by Richard G. Dick and William H. Clement, who are managers
of Fredericktowne Group, L.C. on behalf of the limited
liability company.
t �
Given under my hand this a� day of
1993.
My Commission expires cj �Ul 3 ( (Cict
� ' I �J►S_�J,
lotary Public
COMMONWEALTH OF VIRGINIA, AT -LARGE
OF to -Wit:
The foregoing instrument was acknowledged before me
by Richard G. Dick, William H. Clement and James L.
McIlvaine, Jr. and Ralph D. Shockey who are managers of
Prince Frederick Group, L.C. on behalf of the limited
liability company.
Given under my hand this � day of ,
1993.
My Commission expires l_/F�✓IQ1��( ��i�
2LW" i
&Zjyn� ---
N tary Public
I:WATAIUSERI3HCLEIWPDOC3IPRINCEFIDECI.ARAT
VIRGINIA: FREDERICK COUNTY, SCT.
This instrument of writi g was p uced
to me on the 0 r�day o
19_t� , af��1 with coil. fic;atcs
of acknowledgment thereto annexed was
admitted to record.
.CLERK
-19-
P.O. Box 2397 _
Winchester, VA 22604
Phone 540-667-9300
FAX 540-667-2260
TO: Michael T. Ruddy, Zoning Administrator - Frederick County
Steven A. Melnikoff, Transportation Engineer - VDOT
John Whitacre, Engineer - Frederick County Sanitation Authority
FROM: Randy L. Moulton, P.E. - Triad Engineering, Inc.
David F. Spriggs, L.S. - Triad Engineering, Inc.
SUBJECT: Subdivision Plat for Prince Frederick Office Park, Phase II
DATE: November 16, 1999
Accompanying this memorandum is a draft copy of the Subdivision Plat for the above
referenced project. As you may recall, we have requested that you all give some consideration
to the possibility of finalizing the plat and recording it prior to completion and final approval of
the subdivision design plans. This has been requested in order to facilitate closing on a purchase
of two lots within the park. The purchasers, as well as the sellers, are most anxious to complete
this transaction at the earliest possible time. In particular, the funds obtained by the seller will be
used to defray costs associated with the proposed road construction.
We realize that it is somewhat unusual for the plat to be approved prior to final approval
of the design plans. However, in this instance, the right-of-way dedications are at a maximum to
reflect the ultimate build -out of Costello Drive, and they will not change regardless of the results
of the Traffic Impact Study mandated by VDOT. Similarly, the various utility easements which
are shown reflect existing utilities and those revisions to the design plans which FCSA illustrated
on the "red -line" marked set of drawings returned to TRIAD. As a result, we do not expect any
items on the plat to change as a result of technical changes to the design plans.
We respectfully request that you review this draft plat at your earliest convenience and
contact us regarding this issue.
Copies to Tom Dickinson, Prince Frederick Office Park
S:\WORDPE—1\PROJECTS\CD013\SUBDIV — 2.MEM
Triad Engineering, Inc.
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GFc'iCE PARK P14ASE 2 .
SHADE i#M.1SIFF[IK� GISTRIGF
PEDER 1 G� C T I- V d itf',I A ,
DATE: t1CTMR 25, t"9 SCALE-- I
In olk
`':als EIdGIi EAii�f r NC— �
LAW OFFICE
THOMAS M. DICKINSON, JR.
A PROFESSIONAL CORPORATION
102-2 SOUTH KENT STREET
WINCHESTER, VIRGINIA 22601
(540) 667-1095
FAx (540) 722-0327
November 23, 1999
Michael T. Ruddy
Zoning Administrator - Frederick County
107 North Kent Street
Winchester, VA 22601-5000
RE: Subdivision Plat for Prince Frederick Office Park Phase II
Dear Mike:
Enclosed for your review is the proposed Deed of Dedication for Phase H. Also enclosed is
a copy of the existing Declaration of Protective Covenants for Prince Frederick Office Park
establishing easements, restrictions and providing for a property owners association to administer
common areas. This has been recorded in the Clerk's Office of the Circuit Court of Frederick
County, Virginia, in Deed Book 805 at Page 1002.
Please review these and advise whether the Deed of Dedication is acceptable. We need to
get approval of the plats as soon as possible so that we can close on a sale to the Moose Lodge.
Under our contract with the Moose Lodge, we are to have a bond or deposit to be held to
insure the completion of the road, water and sewer to the lots being sold by October 1, 2000. We
would like to have a cash escrow paid to the County with the understanding that this may be used
by the County to pay for the completion of the project should the owner fail to complete the same
by that date.
Please review and advise.
Sincerely,
Thomas M. Dickinson, Jr.
TMD/jc
Enclosures
C:\WPWIN60\WPDOCS\RUDDY.LTR
N O V 2 3 1999
DEPT, OF PLANNINGIDEVELOPMENT,
THIS DEED OF SUBDIVISION AND DEDICATION AND EASEMENT made and
dated this day of , 1999, by and between Fredericktowne Group, L.C., a
Virginia limited liability company, hereinafter referred to as Grantor, and the County of
Frederick, Virginia, hereinafter referred to as Grantee.
WHEREAS, Grantor is the owner of certain property situate in Shawnee Magisterial
District, Frederick County, Virginia, containing 71.7865 acres; and
WHEREAS, it is the intent of the Grantor to dedicate to the Grantee, for public use
for a street that portion of the property designated as Costello Drive and Ryco Lane as shown
on that certain plat dated October 25, 1999, prepared by Triad Engineering, Inc., (hereafter
the Plat) attached hereto and by reference being made a part hereof; and
WHEREAS, it is the desire of Grantor to create easements as set forth on the above -
referenced plat to facilitate the development of the property.
NOW, THEREFORE, WITNESSETH: That for and in consideration of the
aforesaid, the Grantor does hereby subdivide and create Lots 1, 2, 3, 4, and 5 and Out Parcels
A and B, as said lots and out parcels are set forth on the attached and incorporated plat. This
subdivision is made with the consent and approval of the appropriate authorities of Frederick
County, Virginia, as evidenced by the signatures set forth on the attached and incorporated
plat. The platting and dedication of the aforementioned lots are with the free consent and in
accordance with the desire of the undersigned Grantor as evidenced by the signatures set
forth below.
THIS DEED FURTHER WITNESSETH: That for good and valuable consideration,
the receipt of which is hereby acknowledged, the Grantor does hereby dedicate in fee simple,
for public street purposes, that certain tract of land, situate, lying and being in Shawnee
Magisterial District, Frederick County, Virginia, containing 4.5240 acres, more or less
designated as Costello Drive and Ryco Lane; and being more particularly described on the
plat attached hereto and by reference being made a part hereof. This is a portion of the
property acquired by the Grantor by those certain deeds dated July 21, 1993, July 20, 1993,
and July 23, 1993, recorded in the Clerk's Office of the Circuit Court of Frederick County,
Virginia, in Deed Book 802 at Page 1055, Deed Book 802 at Page 1054, and Deed Book 802
at Page 1062, respectively. Grantor does hereby declare that this dedication is made with its
free consent and in accordance with the applicable state and county statutes and ordinances.
THIS DEED FURTHER WITNESSETH: That for good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged, Grantor does hereby create,
bargain, sell and convey to the Grantee the following easements as set forth on the attached
and incorporated plat:
(a) Various drainage easements and storm water management easements, as
are set forth on the plat. These easements shall run with the land and shall allow for
construction, operation, maintenance, additions to or alterations of present or future storm
drainage lines or other drainage facilities, plus necessary inlet structures, including other
appurtenant facilities for the transmission and distribution of storm water through, upon and
across the property of the Grantor. The easements shall grant to the appropriate Frederick
County authorities or other designees of the Grantor, the right to enter upon the property
which is the subject of these easements for the purpose of inspecting, maintaining, or
replacing any storm water management apparatus or facility which is installed upon or
beneath the land which is the subject of these easements.
(b) Water and sanitary sewer easements as set forth on the plat.
Said easements are subject to the following conditions:
(1) The Grantee and its agents shall have full and free use of the said
easements, including the right to use abutting land adjoining the easements where necessary;
provided however, that this right to use abutting land shall be exercised only during periods
of actual construction or maintenance, and then only to the minimum extent necessary for
such construction or maintenance, and further, this right shall not be construed to allow the
Grantee to erect any building or structure of a permanent nature on such abutting land.
(2) Grantor, its successors and assigns reserve the right to make any use of
the easements herein granted which may not be inconsistent with the rights herein conveyed
or interfere with the use of said easements.
WITNESS the following signatures and seals:
(SEAL)
William H. Clement
(SEAL)
Richard G. Dick
STATE OF VIRGINIA AT LARGE
_ OF , To -wit:
The foregoing instrument was acknowledged before me by William H. Clement.
Given under my hand this day of , 1999.
My commission expires
Notary Public
STATE OF VIRGINIA AT LARGE
_ OF , To -wit:
The foregoing instrument was acknowledged before me by Richard G. Dick.
Given under my hand this day of , 1999.
My commission expires
Notary Public
CA WP W►N60\W PDOCS\FRBD-TN_D@D
a
THE PLATTING OF THE FOLLOWING DESCRIBED L
49.9100 ACRES, IS WITH THE FREE CONSENT A
ACCORDANCE WITH THE DESIRE OF THE UNDERSI
OWNERS, PROPRIETORS AND TRUSTEES, IF ANY.
SIGNATURE
TITLE
COMMONWEALTH OF VIRGINIA
COUNTY OF FREDERICK, TO -WIT:
I, , A NOTARY PUBLIC OF SAID COUNTY,
CERTIFY THAT , WHOSE NAME IS SIGNED
WRITING HERETO ANNEXED, BEARING DATE THE DAY OF
19 , HAS THIS DAY ACKNOWLEDGED THE SAME BEFORE ME IN
>AID COUNTY.
GIVEN UNDER MY
MY COMMISSION
DO
TO THE
MY
HAND THIS DAY OF 19
EXPIRES:
APPROVAL: SUBDIVISION ADMINISTRATOR
APPROVAL: FREDERICK COUNTY SANITATION AUTHORITY
APPROVAL: VIRGINIA DEPARTMENT OF TRANSPORTATION
NOTARY PUBLIC
,
CURRENT OWNER: FREDERICKTOWNE GROUP, LC
REF: DEED BOOK 802 PAGE 1055
TM 64 ((A)) PRCL 89
ZONING: B-2 GENERAL BUSINESS
SITE AREA: TOTAL SITE AREA=49.9100 AC.
LOT 1=16.6848 AC.
LOT 2= 9.5388 AC.
LOT 3=10.0000 AC.
LOT 4= 5.0000 AC.
LOT 5= 4.1624 AC.
R.O.W. DEDICATION=4.5240 AC.
(FOR PUBLIC USE)
THIS SURVEY HAS BEEN PREPARED WITHOUT THE BENEFIT OF
A TITLE REPORT. THEREFORE THIS PLAT MAY NOT INDICATE
ALL ENCUMBRANCES ON THE PROPERTY.
THE EXISTENCE OF VEGETATED OR TIDAL WETLANDS WAS NOT
DETERMINED DURING THIS SURVEY.
THE EXACT LOCATION OR EXISTENCE OF UNDERGROUND UTILITIES
WAS NOT ESTABLISHED DURING THIS SURVEY.
THE PROPERTY DELINEATED ON THIS PLAT WAS COMPILED FROM
PUBLIC RECORDS RECORDED IN THE FREDERICK COUNTY, VIRGINIA
CLERK'S OFFICE AND AN ACTUAL FIELD RUN BOUNDARY SURVEY
PERFORMED BY TRIAD ENGINEERING. INC.
I HEREBY CERTIFY THAT THIS SURVEY AND ANY INFORMATION SHOWN
HEREON IS BASED ON AN ACTUAL FIELD RUN SURVEY MADE UNDER MY
SUPERVISION AND THERE ARE NO APPARENT ENCROACHMENTS OTHER
THAN THOSE SHOWN OR NOTED.
OCTOBER 25, 1999
FINAL SUBDIVISION PLAT FOR
PRINCE FREDERICK
OFFICE PARK PHASE 2
SHAWNEE MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
DATE: OCTOBER 25, 1999 SCALE: 1" = 1000'
TRIAD ENGINEERING, INC.
200 AVIATION DRIVE WINCHESTER, VIRGINIA
(540) 667-9300 FAX (540) 667-2260
SHEET 1 OF 9 CD-013
CURVE
ARC
DELTA
RAO/US
TANGENT
CHORD
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CHORD
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220.7$
/3•/O'38"
960.00'
//0.88'
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220.30'
C2
39929'
23.49'50"
960.00'
202.57'
SS/'47'30"E
C3
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89.59'S5"
25.00'
2S.00'
N84••S2'35"W
35.36'
C4
432.56'
23'49'S0"
/040.00'
2/9.45'
NS/•47'3O"W
429.45'
CS
39.27'
89'S9145"
25.00'
25.00'
N/8.42'24"W
35.35'
C6
44.69'
02'29'09"
/030.00'
22.35'
N25'02'59'E
44.68'
C7
42.07'
02'29'09"
970.00,
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S25'02'59"W
42.07'
C8 i3927'
89'S9'49"
25.00' 1
25.00'
S7P/7'38•W
35.35'
C9
225.68'
/2'25'59"
/040,00
//328'
N69'S5'25"W
22524'
OCTOBER 25, 1999
FINAL SUBDIVISION PLAT FOR
PRINCE FREDERICK
OFFICE PARK PHASE 2
SHAWNEE MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
DATE: OCTOBER 25, 1999 SCALE: 1" = 100'
`RIAD
TRIAD ENGINEERING, INC.
200 AVIATION DRIVE WINCHESTER. VIRGINIA
(540) 667-9300 FAX (540) 667-2260
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10
SHEET 2 OF 9 CD-013
MATCHL//VE SEE SHEET 3
0
MATCHL/NE SEE SHEET 6
MATCHL/NE SEE SHEET 2
w•
— N EX. 20'
FINAL SUBDIVISION PLAT FOR
FREOER/CKTOWNE�
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OCTOBER 25, 1999 SCALE: 1
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TRIAD ENGINEERING, INC.
t; 200 AVIATION DRIVE WINCHESTER. VIRGINIA 11 i
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MAT-Cl-IL/NE SEE SHEET 9
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555'29'/7" 2424.24' (TOTAL>
DATE
OCTOBER 25. 1999
FINAL SUBDIVISION PLAT FOR
PRINCE FREDERICK
OFFICE PARK PHASE 2
SHAWNEE MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
OCTOBER 25, 1999 SCALE: 1" = 100'
CRIAD
TRIAD ENGINEERING, INC.
200 AVIATION DRIVE WINCHESTER, VIRGINIA
(540) 667-9300 FAX (540) 667-2260
SHEET 4 OF 9 CD-013
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ALMA S
zoAE a2 FINAL SUBDIVISION PLAT FOR
b AC e2 �1 PRINCE FREDER I CK
OFFICE PARK PHASE 2
SHAWNEE MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
DATE: OCTOBER 25, 1999 SCALE: 1" 100'
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SHEET 5 OF 9 11' CD-013
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1
1
"ATCI-HL/NE SEE SHEET 7
FINAL SUBDIVISION PLAT FOR
PRINCE FREDERICK
OFFICE PARK PHASE 2
SHAWNEE MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
DATE: OCTOBER 25. 1999 SCALE: 1" = 100'
IMAIA7
TRIAD ENGINEERING. INC.
200 AVIATION DRIVE WINCHESTER, VIRGINIA
(540) 667-9300 FAX (540) 667-2260
LOT /
/6.6848 AC.
35' BUILDING � •
SETBACK ' �' I
EX. 20'
WATER ESMT. 1
795/340
s234e-2a-w -
653.02' CTOTALI
35' BUILDING
SETBACK LIME 20' SAN.
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MAT'C/--/LINE SEE SHEET 5
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(4
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OCTOBER 25, 1999
SHEET 6 OF 9 CD-013
_ — ROUT E-50 W -B1'.
W/NCNES^rER _—_.------ O
_TO _ _ TO WATER[-0
o EX. 20' 1 560'20'3/"E
�l UT/L/TY ESMT. I 1 50�6' N/F
FINAL SUBDIVISION PLAT FOR 7/6/509 1 1 1 ! 1 W/NCHOAVI pSON
tz
PRINCE FREDERICK 1 HAR2/39
LHy
OFFICE PARK PHASE 2 111 1 ZONE 02
W�
SHAWNEE MAGISTERIAL DISTRICT �t RETAIL
FREDERICK COUNTY, VIRGINIA
DATE: OCTOBER 25, 1999 SCALE: 1 = 100
TRIAD ENGINEERING, INC. ► : 11 `�
200 AVIATION DRIVE WINCHESTER, VIRGINIA r ►�� EX.30'
(540) 667-9300 FAX (540) 667-2260 1 -1' 1 1 UT/L/n- ESMT.
:U1 7/6/509
N/F
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............................
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SETBACK : 1
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SHEET 7 OF 9 CD-013
FINAL SUBDIVISION PLAT FOR N� o00 E�Nggo ���
PRINCE FREDERICK .e ' ♦�
OFFICE PARK PHASE 2 63. E r■•
SHAWNEE MAGISTERIAL DISTRICT or••r.•-='23e.�'
FREDERICK COUNTY. VIRGINIA
i
DATE: OCTOBER 25, 1999 SCALE: 1 " = 1 00' sH/RLEY F.Sr i '
_ BERN/CE C. CARTER ;
�I'A&D
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GROUP
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ZONE B2
OFFICE
N/F
CARPER'-5 VALLEY
GOLF CLUB
762/808
ZONE RA
GOLF COURSE
OCTOBER 25, 1999
FINAL SUBDIVISION PLAT FOR
PRINCE FREDERICK
OFFICE PARK PHASE 2
SHAWNEE MAGISTERIAL DISTRICT
FREDERICK COUNTY, VIRGINIA
DATE: OCTOBER 25, 1999 SCALE: 1" = 100'
` IAD
TRIAD ENGINEERING, INC.
200 AVIATION DRIVE WINCHESTER, VIRGINIA
(540) 667-9300 FAX (540) 667-2260
SHEET 9 OF 9
CD-013
COUNTY of FREDERICK
D�FMID
AY 10 �
9, 2000
Mr. Jay Johnson, P.E.
Triad Engineering, Inc.
971 Acorn Drive
Harrisonburg, Virginia 22802
Department of Public Works
540/665-5643
FAX: 540/ 678-0682
Re: Subdivision Plan Comments - Prince Frederick Office Park - Phase 2
Frederick County, Virginia
Dear Jay:
Upon review of the revised subdivision plan dated April 19, 2000, all of our previous
comments have been addressed. Therefore, we recommend approval of the subject subdivision
plan. A land disturbance permit will need to be obtained from our office prior to commencing site
grading work.
If you have any questions, do not hesitate to contact me.
Sincerely,
Joe ACWVilder
Engineering Technician
Jcw
cc: Frederick County Planning Department
file
107 North Kent Street • Winchester, Virginia 22601-5000
RL"JEST FOR SUBDIVSION COMMENTS
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
��'f' Road in Stephens City, Virginia, if you prefer to
hand deliver this review.
Applicant's name, address and phone number:
TRIAD ENGINEERING, INC., Post Office Box 2397, Winchester, VA 22604
(540)667-9300
Name of development and/or description of the request:
Prince Frederick Office Park - Phase 2 - Costello Drive and Ryco Lane
Location:
1/4 mile south of U. S. Route 50, 1/4 mile east of U. S. Route 522,
immediately west of Prince Frederick Drive, Frederick County, Virginia
Sanitation Authority Comgfients:
/ 5T' Rz- wo-cw-
?,FC7 4 Rf5e., 0 "
,ZV4 ZEF I/FW- -/ Ai012?a l/r'-4 615 //O ;rFJ - 7 11-;SW S
Sanitation Authority Signature & Date
(NOTICE TO SANITATION AUTHORITY * PX
1.12
/y
s�'p 30 99
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.
W/1G NFE� 'C v!'��'S de" RFCD/91J,�'o o>!i s l T.
/4 Sf -4l10v TS,
�03/ --41 -AR Io
C V V,
-..:. V!7�T A? Mr -WA
REQUEST FOR.SUBDIVI,SION COMMEN S
Virginia Department of Transportation
Attn: Resident Engineer
P.O. Box 278
Edinburg, Virginia 22824-0278
(540) 3
j - 5Iti b
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 Above number:
TRIAD ENGINEERING, INC.
Post Office Box 2397
Winchester, VA 22654
(540)667-9300
Name of development and/or description of the request:
v,-i„rp FradPrick Offi,ce Park - Phase 2 - Costello Drive and
Ryco Lane
Location:
1/4_mile south of U._S. Route 50, 1/4 mile east of U. S. Route
522, immediately west of Prince re eric Drive, Frederick
County, Virginia
Va. Dept. of Transportation Comments:
so objection to the subdivision of this property. This section of street
is current y not Za the Stare s-Secoudary Road System. noWever_,—aji-entrance
de
to toe eligible €ea asseptancaA complare aer Af..r. a plans will
be regU rgd for reviev. See attached letter from VDOT to Triad dated 04/12/00.
VDOT Signatureand bate: lov f1l Transportation Engineer 04/12/C
(NOTICE TO RESIDENTENGINEER*PL]EASgMTURN 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 three (3) copies of your application form, location map and
all other pertinent information.
I
/ -
' -
17
6" BM-25.0
8" 2/-B STONE
PREPARED
SUBGRAOE
&-Qrc. ALT. PAVEMENT SECTION
/. REV/SEO SECT/DNS PER cOSTE` L0 DRIVE
VOOT COMMENTS. STA. /3-90 TO 15-90
NOT TO SCALE
PHASE 2 ROADS Dote: 06-20-00 Job No. CD-019 was
F TY Drawn
by Wurroer:
TRUD ENGWEERNC.NC. RAM Codd File No.:
wNCHESTER. VRMA REVISED PAVEMENT SECTIONS Checked by REV -PAVE -SECT Scole: I"-NTS
0�
\ ;• a
F. ,•=4
VED_
ri�vE
MAR v 6 2000
COMMONWEALTH of VIRGINTAIF PLANKuEVElpW
DEPARTMENT OF TRANSPORTATION
EDINBURG RESIDENCY
14031 OLD VALLEY PIKE
CHARLES D. NOTTINGHAM EDINBURG, VA 22824
JERRY A. COPP
COMMISSIONER
RESIDENT ENGINEER
TELE (540) 984-5600
FAX(5401984-5607
March 3, 2000
Mr. jay K. Johnson, P.E., Branch Mgr. Ref: Prince Frederick Office Park, Phase II
Triad Engineering, Inc. Traffic Analysis
P. O. Box 1448 Route 50 (Millwood Pike) / Route 522 (Front Royal Pike)
Harrisonburg, VA 22801 Frederick County
Dear Jay:
In pursuit of an early start time for proposed construction of the referenced
project, VDOT shall review the revised site plan as soon as possible upon
receipt of the plan at this office.
Subsequent to VDOT approval and at the earliest opportunity, your office
should initiate the additional traffic analysis as requested at the intersection of
Costello Drive with U.S. Route 522 (existing).
Generalized guidelines to conduct the analysis are listed below and copies are
attached for your use.
1. TE-253; Developer Participation in Traffic Signal Cost accompanied by an
interpretation of T-253 by Mr. R. L. Moore.
2. Pages 4, 5, 6 & 8 which give most of the information which should be
included in the analysis. Please note these pages are part of the Frederick
County Application Package and are supported by VDOT.
3. Copies of a portion of the Virginia Administrative Code from which VDOT
TE-253 was developed.
Please be aware conclusions which may be generated as a result of this study
should include all the above. Also, all lane redistribution at the intersection are
to include the number of left turn/right turn lanes required, signal rephase, etc.
WE KEEP VIRGINIA MOVING
Mr. Jay K. Johnson
Ref: Prince Frederick Office Park, Phase II
March 3, 2000
Page #2
We acknowledge some communication gaps may have arisen in our review
process. However, based on our telephone conversation on 03/03/00 and this
additional background information, future review and comment should be
accomplished in a timely manner.
If we can be of any assistance or additional information is needed, please do
not hesitate to call.
Sincerely
�.
Barry J. Sweitzer
Trans. Roadway Engineer
For: Steven A. Melnikoff
Transportation Engineer
BJS/rf
Enclosure
xc: Mr. Jim Diamond, Attn: Mr. Kelly Downs
Mr. Dave Heironimus
. Kris Tierne
J. B. DIAMOND
''TAUNTON DISTRICT
TRAP'P'1 C: ENGINEERING DIVISION
MEMORANDUM
GmiP.xL 5UBJZCT:
XLM_.:
Developer Participation in Traffic Signal
TE-253
Cost
DAT3:
March 16, 1995
sr_c.zzc sys,�cr:
oethod of Determining Developer
Responsibility for Participation in
Traffic Signal Costs
s��sWzs:
IH&TS-185
To:
District Administrators
I SIMULTURS: a
X.
The following guidelines
c'-zain an equitable method of
for participation in funding
land development:
v
have been developed in an effort to
determining developer responsibility
traffic signal work necessitate - by
Condition ttl - Where the proposed development will generate
sufficient traffic to warrant Signal ization, the total cost
for design, materials, timing plans, a-d installation shall be
borne by the developer.
Condition 1#2 - Where development -generated traffic and
existing highway traffic must be combined to meet the
requirements for either the major or minor movements for any
hour(s), the developer shall bear 50� of the total cost for
design, materials, timing plans, and installation.
Condition 1#3 - where an existing traffic signal must be
modified to accommodate traffic movements to or from the
development, the developer shall bear the total cost for any
design, materials, timing plans, installation, and relocation
required to accommodate the development traffic.
For larger developments such as regional shlo_nbing centers and
ccrzorate comzlexes, the Department reserves the right to require
the developer design or have designed the traffic signal, including
timing plans; and to install or have installed a comzlete working
installation.. Designs and installations shall be in accordance_
kith the current Departmental specificaticns and standards.
D.,_ df
CC: Mr. David R. Gehr
Mr. A. W. Coates
Mr. C . D . -Garver
Mr. J. S. Hodge
Division. Administrators
Resident Eraineers
District Traffic Engineers
Copy: Mr. Steve A. `elnikoff
Mr. C . Gochenour
03/30/95
/rf
VIRGENIA DEPARTMENT OF TRANSPORTATION
Q �1
INTRADEPARTI ENTAL MEMORANDUM
Staunton, Virginia
March 28, 1995
TO: Resident Engineers
FROM: J. B. Diamond llz%
SUBJECT: TE-253
Developer Participation in Traffic Signal Cost
I think you all got a copy of TE-253 on this subject. TE-253 supersedes H&TS 185 and was
issued in an effort to clarify condition 42 in the earlier memo. It probably doesn't require any
interpretation but since I called the author and got a verification anyway, I'll pass it along.
Condition L1 - Basically, if a developer builds something that creates a new access point or
entrance or intersection where there wasn't one before and if that new access point requires a
signal, the developer would be expected to bear full cost. Existing volumes on the major
(VDOT) road at the new intersection are not a consideration for determining participation in this
case because if there were no new intersection then there would be no minor street traffic and
thus no need for a signal, ever.
Condition r2 - This one generally covers situations where a development goes in a quadrant of
an existing highway intersection, or near such an intersection, and at which intersection existLnEz
volumes do not require signalization. If development -generated traffic w1Leh will pass through
the intersection will add sufficient volumes to existing traffic on either or both major or minor
intersection approaches, then cost of signalization will be divided equally between VDOT and
the developer.
Condition t3 - If development -generated traffic will require addition of signal head assemblies,
pole relocation, span or mast arm adjustments, controller upgrades, etc., to existing signals, the
cost of necessary modifications will be the responsibility of the developer.
cc: Mr. R. L. Moore
.�
Z
Impact Analysis Statement
Each rezoning applied for will require the submission of an impact analysis statement, as well as
information for the County's Capital Facilities Impact Model regarding the specifics of the rezoning
(i.e. number and type of dwelling units for residential rezonings and the amount of office space,
warehouse space, etc. for commercial/industrial rezonings). The Director of Planning and
Development can waive this requirement for certain rezoning requests such as small areas of land
which will involve negligible impacts.
The applicant's impact analysis can use different methods and formats and in many cases should be
prepared by a professional. The applicant should discuss the impact statement content and format
with the planning staff. In general, each of the following issues should be separately and
specifically addressed and information should be provided as specified:
A. Suitability of the Site:
The location of each of the following constraints or features on the site should be indicated:
* 100 year flood plains
*wetlands
*steep slopes (over 15%)
*mature woodlands
*prime agricultural soils
*soil or bedrock conditions which would create construction difficulties or hazards
A general estimate of the amount of area in each of the above categories should be noted.
Information on any other site constraints or hazards should also be noted.
B. Surrounding Properties:
The use of adjoining properties should be indicated along ,,Azth the location of residences on the
adjoining properties. The distance between the boundary of the property to be rezoned and
residences or other structures which might be impacted by the rezoning should be indicated. The
potential for impacts on surrounding properties associated with noise, glare, fumes, pollution, odors
or other nuisance factors should be addressed.
C. Traffic:
The impact analysis should describe the projected impact that the rezoning will have on surrounding
roads and the County's adopted road improvement plan. Existing conditions should be discussed
and standard sources or methods should be used to describe the maximum traffic that would be
anticipated from development of the site under the existing and proposed zoning.
4
Information on anticipated traffic should be provided in terms of average trips per day and average
peak hour trips for each proffered phase of the project. Some determination of the resulting travel
conditions on the roads should also be provided.
In order to determine traffic generation, the maximum possible density or intensity of development
should be used (the maximum possible density and intensity for each zoning district can be found
oo Paaa ®of this application packet.) Lesser densities or intensities of development should be used
r only if they have been proffered.
Pagc 8
If the proposed rezoning increases the anticipated traffic generated by 5,000 average daily trip ends
or by more than 50% of the existing traffic volume, or if the staff determines that there will be
substantial adverse impacts on traffic, a more detailed traffic analysis may be required. Examples
of additional information which may be required include:
*Detailed traffic count information on roads impacted including traffic in each lane
*Information on turning movements at intersections and entrances impacted
*Existing level of service on roads and at intersections impacted
*Distribution of trips generated on roads impacted
*Projected level of sen-ice on roads without rezoning
*Projected level of service on roads impacted with rezoning, upon completion of each
proffered phase and after complete build out of the site.
*The resulting road improvement cost that would be the result of the rezoning
The detailed traffic analysis shall be prepared by a qualified professional and employ standard
traffic planning methods and data sources, such as those described in the following sources:
Transportation Research Board, Highway Capacity Manual, Special Report 209.
Institute of Transportation Engineers, Trip Generation.
Joe Mehra and C. Richard Keller, Development and Application of Trip Generation Rates,
Federal Highway Administration, Report Number FMVA/PL/85/ 003.
C. Richard Keller and Joe Mehra, Site Impact Traffic Evaluation (S.I.T.E.) Handbook.
Federal Highway Administration, Report Number FHWA/PL/85;'004.
In making projections, the applicant may select a time period which seems appropriate in terms of
the build out period of the project. The detailed traffic analysis should describe the methods used.
Details of the calculations should be provided along with a narrative describing the analysis, the
5
assumptions used, and the results. Data sources should be noted.
D. Sewage Conveyance and Treatment:
Sewage flow projections should be based on proffered phasing of the project and on complete build
out of the site at the maximum possible density or intensity of development after rezoning. The
location and size of existing sewer mains to be employed should be noted along with the distance
to these mains. Information should be provided on the capacity of the existing sewer mains and
what effect the proposed rezoning will have on capacity. If on -site sewage disposal is to be used,
information should be provided on the suitability of soils, type of treatment proposed, and the
feasibility and appropriateness of methods to be used. Potential for impacts to water quality should
be addressed.
E. Water Supply:
Water use projections should be based on proffered phasing of the project and on complete build
out of the site at the maximum possible density or intensity of development after rezoning. The
location and size of existing water mains (or wells) to be employed should be noted along with the
distance to the mains. Information should be provided on the capacity of the existing water mains
and what effect the proposed use will have on capacity.
F. Drainage:
Drainage features and patterns on the site should be described. Streams and drainage ways
potentially impacted by drainage from the site should be identified and potential impacts should be
described.
G. Solid Waste Disposal Facilities:
The impact analysis should project the amounts of solid waste to be generated for each proffered
phase or for the average year after complete development of the site. The projection should be
based on the maximum allowed density on the site unless lower densities have been proffered.
H. Historic Sites and Structures:
The location of historic sites and structures, identified by the Frederick County Rural Landmarks
Surrey Report, the Virginia Division of Historic Resources, or listed on the State or National
Register, on the land to be rezoned or on adjoining properties, should be described. The distance
from the boundary of the land to be rezoned to the historic structure or site should be given. There
may be other sites that were not identified by the County Surrey that should be identified by the
impact analysis statement.
P
Maximum Possible Residential Densities in the
Residential Performance Zoning District,
Determined in Terms of Fiscal Impact
Parcel Size
Maximum density
0-10 Acres
10 Dwellings Per Acre
11-100 Acres
5.5 Dwellings Per Acre
1+ Acres 1
F-1 o —
4 Dwellings Per Acre
The maximum possible density for the R4, Planned Development District is four dwellings per
acre. For the R-5, Recreational Community District, it is 2.3 dwellings per acre.
Maximum Possible Business and Industrial Intensities By Zoning
District -Determination Based on Trip Generation and Fiscal Impact
on Capital Facilities
Zoning District
Maximum Possible Square Feet of Structure Per
Acre of Use
B-1
13,068 Square Feet of Retail Use
B-2
21,361 Square Feet of Retail Use
B-3
18,848 Square Feet of Retail Use
M-1
24,750 Square Feet of General Office Use
M-2
28,050 Square Feet of General Office Use
J. Other Impacts:
General impacts on the cost of providing County facilities to serve the development or its
residence should be described using the Capital Improvements Plan as a reference. Other
potential impacts on surrounding properties should be described.
8
•
24 VAC 30-70-160 VIRGINIA ADMINISTRATIVE COPE
'24 VAC 30-70-160. Tenure of commercial entrances.
highways
Tenure of all commercial entrances to is not infinite nor is it meant
to be transferred from one owner to another. If it is determined by departme;It
representatives that an entrance is substandard or that safety, use, or
maintenance of the entrance has changed significantly to require corrections,
then necessary changes shall be made or the entrance may be closed at the
direction of the commissioner or his representative. It should also be noted that
once an entrance has been constructed, regardless of when, the permittee, or his
successors or assignees, shall be responsible for the maintenance and upkeep of
said entrance as stated above.
Commercial entrances may require reconstruction or upgrading or both when
it has been determined after review by department representative that the
following conditions exist:
A. Safety. When the entrance has been determined to be unsafe to its present
condition for public use, because of physical erosion of the entrance, increase
in motor vehicle traffic or some other condition.
B. Use. When traffic in and out of the entrance has changed significantly,
such as a change in traffic volume, character of the traffic or peak hour tragic.
tt
This language is not intended to be exclusive.
,�tt!
C. Maintenance. When the entrance becomes unserviceable due to heavy
I
equipment damage, reclamation by natural causes, or increased tragic volume.
Commercial entrances shall be reviewed periodically for substandard
conditions; when the property is being considered for sale, has been rezoned,
or when there. is a change in commercial use either by the property owner or
by a lease. Department personnel shall work closely with the various local and
county governments to protect the department's interest and the interest of
the traveling public through zoning ordinances for commercial, subdivision
and private entrance requirements, and to obtain their assistance in policing
changes in ownership that might affect the department's requirements for the
entrances. These periodic reviews are necessary to provide both patron and
through highway traffic users a safe means of travel.
—if
Statutory Authority
t 44 33.1-12(3), 33.1-19-7 and 33.1-198 of the Code of Virginia.
Historical Notes
Derived from N-R383-01-6 j 2.11; of. March 29, 1989.
j- 24 VAC 30-70-170. DeveIoper participation in traffic signal cost.
The following guidelines have been developed in an effort to obtain an
equitable method of determining developer responsibility for participation in
funding traffic signal work necessitated by Iand development:
1. Where the proposed development shall generate sufficient traffic to
warrant signalization, the total cost for design, materials, timing plans, and
installation shall be borne by the developer.
2. Where development generated traffic and existing highway traffic must be
combined to justify signalization, the developer shall bear 50% of the total cost
for design, materials, timing plans, and installation.:
558
FILE COPY
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
FAX: 540/ 678-0682
November 9, 1999
Mr. Randy Moulton, Sr. Vice President
Triad Engineering, Inc.
200 Aviation Drive
Winchester, VA 22602
RE: Review of Subdivision #17-99 -Prince Frederick Office Park, Phase 2
Property Identification Number 64-A-89
Dear Randy:
I have had the opportunity to review the above -referenced subdivision design plan. The following minor
comments should be addressed accordingly prior to re -submission of the subdivision plan.
1) The Phase 1 development of this property, which included the subdivision of the Corps of
Engineer's facility and the establishment of Prince Frederick Drive, created one lot with a
residual acreage of 71 acres. This present subdivision totals 49 acres. It would appear as though
the initial subdivision should have established two residual lots. This present subdivision should
include this residual acreage and establish it as an individual lot.
2) While sidewalks are specifically exempted by the Subdivision Ordinance within Business and
Commercial Zoning Districts, I would encourage you to consider providing sidewalks in
association with the initial development of the proposed roads. This would provide a connection
with the sidewalks in the adjoining developments and promote pedestrian circulation between
the various uses within this development. The future Costello Drive Section shows what appears
to be 6' sidewalks along both sides of the ultimate road, directly adjacent to the curb. Please
ensure that the required grass border/utility strip is provided between the sidewalk and curb.
3) Please provide a note on the plan ensuring that all utilities serving this subdivision are to be
located underground.
In order to approve the final subdivision plan, the above comments should be addressed and I will need
all approved review agency comment sheets. Approval of the subdivision plan will then enable us to
approve the final plats. Please forward the revised final plats for my review at your convenience. Once
again, you should ensure that the information contained on the final plats accurately reflects the final
subdivision plan. I will also need the necessary guarantee bonds sufficient to cover all improvements,
information pertaining to the property owners association, and deed of dedication prior to approving the
final plats.
Please call me if you have any questions regarding the review of this subdivision.
Sincerely,
Michael T. Ruddy
Zoning Administrator
MTR/ch
U:\Mike\Common\SUBDIV IS\Approvals\princefred.wpd
107 North Kent Street - Winchester, Virginia 22601-5000
?",L w t �c,�-ma c O c �.� r� � ,,3 �q R
SUBDIVISION DESIGN PLAN
CHECKLIST
The subdivision design plan shall be drawn at a scale that is
acceptable to the Subdivision Administrator. The subdivision
design plan shall include a sheet depicting the full subdivision
submitted. The subdivision design plan shall include the following
information: /
✓ title "Subdivision Design Plan for "
Is
with a notation of all previous names of the subdivision.
✓ original property identification number.
✓ page number and total pages on each page.
name of the owner and/or subdivider
vicinity map [scale of one to two thousand (1:2000)]
showing all roads, properties and subdivisions within one
thousand (1000) feet of the subdivision.
written and graphic scale.
day, month and year plan prepared and revised.
✓ North arrow.
/ name of the Magisterial District where located.
✓/ zoning of all land to be subdivided.
boundary survey of all lots, parcels and rights -of -way
showing bearings to the nearest minute and distances to
the nearest one-hundreth (1/100) of a foot.
topography shown at a contour interval acceptable to the
Subdivision Administrator but in no case greater than
five (5) feet.
names of owners, zoning and use of all adjoining
properties and deed book and page number references for
each adjoining parcel.
✓ proposed use of each lot, with the number of lots in each
/ use category.
✓ area of each lot and parcel, the total
subdivision and the total area in lots.
p
area of the
�`"AA
location and area of each parcel of common open space and
the total area of common open space.
location names right-of-way
ri ht widths and classifications
g Y
of existing and planned roads, streets and shared private
/ driveways adjacent to and on the property.
J existing or proposed utilities, sewer and water lines,
manholes, fire hydrants and easements.
existing and proposed drainage ways, drainage facilities,
culverts and drainage easements with dimensions and
design details.
stormwater management plan with calculations describing
how stormwater management requirements are being met,
including the location and design details of proposed
facilities.
proposed grading plan including spot elevations and flow
arrows.
cross sections, profiles and design details of all
proposed streets, roads, culverts, storm sewers, sanitary
% sewers and water mains.
locations, dimensions and cross sections of existing and
proposed sidewalks and walkways.
location of environmental features including floodplain,
steep slopes, wetlands, sinkholes, woodlands and natural
stormwater detention areas.
names of all streams and bodies of water, including all
one -hundred -year flood limits as mapped by FEMA.
location of all land to be dedicated or reserved for
public use.
location of required setback lines on each lot.
location of proposed recreational areas and facilities.
location of proposed buffers and screening with design
details, locations and types of plants and screening.
proposed landscaping with location and types of plants.
certification by an engineer, surveyor or other qualified
professional of the accuracy of the plat.
11
signature of the owner or principals certifying ownership
of the property.
statement listing all requirements and conditions placed
on the land included in the subdivision resulting from
approval of conditional zoning or a conditional use
permit.
signature line for the Subdivision Administrator.
12
APPLICATION AND CHECKLIST
SUBDIVISION
FREDERICK COUNTY VIRGIINIA
Date: Sept. 24, 1999 Application # Z a' l Fee Paid
Applicant/Agent: TRIAD ENGINEERING, INC.
Address: post Office Box 2397
Winchester, VA 22604
Phone: (540)667-9300
Owners name: FREDERICKTOWNE GROUP, LC
Address: 1400 Millwood Pike
Winchester, VA 22602
Phone: (540)662-1287
Please list names of all owners, principals and /or majority
stockholders:
Richard G. Dick Maurice W. Perry
William H. Clement Lewis Meyer Costello Residual Trust
Qualified Terminable Interest Tryst No. 2 under the Estate of
onford D. Custer, Jr. Article Sixth Residuary Trust under the
C&t9(�€ PLNRford D. Custer, Jr.
-M r--. Fr i sh -R r- d- d-. Sim k
Phone: (540)662-1287
Name of Subdivision: PRINCE FREDERICK OFFICE PARK - PHASE 2
Number of Lots S Total Acreage
49.910 Acres
-Property Location: 1/4 mile south of U. S. Route 50 E., 1/4 mile
east of U. S. Route 522 N., immediately west of Prince Frederick
Drive, immediately south of Winchester Regional Airport.
(Give State Rt.#, name, distance and direction from intersection)
Magisterial District
Shawnee District
Property Identification Number (PIN))
8
64-((A)) 89
Property zoning and present use:
B-2/Office
Adjoining property zoning and use: B-2/Shopping Center, auto sales,
office, vacant; B-3/Business, vacant; M-2/Industrial; RA/Airport, golf course
Has a Master Development Plan been submitted for this project?
Yes X No
If yes, has the final MDP been approved by the Board of
Supervisors?
Yes X No
What was the MDP title? PRINCE FREDERICK OFFICE PARK
Does the plat contain any changes from the approved MDP?
Yes X No
If yes, specify what changes: The alignment of Costello Drive has been
revised
Minimum Lot Size (smallest lot)
4.162 Acres
Number and types of housing units in this development:
Number N/A
Types N/A
9
SUBDIVISION DESIGN PLAN
CHECKLIST
The subdivision design plan shall be drawn at a scale that is
acceptable to the Subdivision Administrator. The subdivision
design plan shall include a sheet depicting the full subdivision
submitted. The subdivision design plan shall include the following
information:
Covc title "Subdivision Design Plan for "
with a notation of all previous names of the subdivision.,
I original property identification number.
page number and total pages on each page.
I name of the owner and/or subdivider
vicinity map (scale of one to two thousand (1:2000)]
showing all roads, properties and subdivisions within one
thousand (1000) feet of the subdivision.
written and graphic scale.
day, month and year plan prepared and revised.
North arrow.
name of the Magisterial District where located.
zoning of all land to be subdivided.
boundary survey of all lots, parcels and rights -of -way
showing bearings to the nearest minute and distances to
the nearest one-hundreth (1/100) of a foot.
topography shown at a contour interval acceptable to the
Subdivision Administrator but in no case greater than
five (5) feet.
.2 names of owners, zoning and use of all adjoining
properties and deed book and page number references for
each adjoining parcel.
proposed use of each lot, with the number of lots in each
use category.
/ area of each lot and parcel, the total area of the
subdivision and the total area in lots.
10
IYA location and area of each parcel of common open space and
the total area of common open space.
3 location, names, right-of-way widths and classifications
of existing and planned roads, streets and shared private
driveways adjacent to and on the property.
2 S existing or proposed utilities, sewer and water lines,
manholes, fire hydrants and easements.
,z 4 existing and proposed drainage ways, drainage facilities,
culverts and drainage easements with dimensions and
design details.
.?y stormwater management plan with calculations describing
how stormwater management requirements are being met,
including the location and design details of proposed
facilities.
�i proposed grading plan including spot elevations and flow
arrows.
cross sections, profiles and design details of all
proposed streets, roads, culverts, storm sewers, sanitary
sewers and water mains.
+� locations, dimensions and cross sections of existing and
proposed sidewalks and walkways.
.Z location of environmental features including floodplain,
steep slopes, wetlands, sinkholes, woodlands and natural
stormwater detention areas.
IVA names of all streams and bodies of water, including all
one -hundred -year flood limits as mapped by FEMA.
location of all land to be dedicated or reserved for
public use.
3 location of required setback lines on each lot.
/UA location of proposed recreational areas and facilities.
3 location of proposed buffers and screening with design
details, locations and types of plants and screening.
/V4 proposed landscaping with location and types of plants.
certification by an engineer, surveyor or other qualified
professional of the accuracy of the plat.
11
•eov�� signature of the owner or principals certifying ownership
of the property.
NA s-ater•..ent listing all requirements and conditions placed
cn the land included in the subdivision resulting from
approval of conditional zoning or a conditional use
permit.
cover signature line for the Subdivision Administrator.
12
[Fwd: FW: Prince Frederick Office Park, Phase II]
Subject: [Fwd: FW: Prince Frierick Office Park, Ph
e II] S
cam✓ ✓' `�
i,
Date: Fri, 04 Feb 2000 09:23:31 -0500
From: Kris Tierney <ktierney@co.frederick.va.us>
To: Evan Wyatt <ewyatt@co.frederick.va.us>, Mike Ruddy <mruddy@co.frederick.va.us>
FYI
Subject: FW: Prince Frederick Office Park, Phase II
Date: Fri, 4 Feb 2000 09:01:43 -0500
From: "Funkhouser, Rhonda" <RFunkhouser@VDOT. STATE. VA.US>
To: 'Kris Tierney' <KTierney@co.frederick.va.us>
CC: 'Triad Engineering - Harrisonburg' <triad@rica.net>,
"Melnikoff, Steve" <SMelnikoff@VDOT. STATE. VA.US>,
"Sweitzer, Barry"<BSweitzer@VDOT. STATE. VA.US>,
"Heironimus, David (Dave) "<DHeironimus@VDOT. STATE. VA.US>,
"Diamond, Jim" <JDiamond@vdot. state. va.us>, "Downs, Kelly" <KDowns@vdot. state. va.us>
-----Original Message -----
From: Funkhouser, Rhonda
Sent: Friday, February 04, 2000 8:11 AM
To: 'triad@rica.net'; 'Triad Engineering - Harrisonburg'
Cc: Melnikoff, Steve; Heironimus, David (Dave); Diamond,
Jim; Downs, Kelly; Sweitzer, Barry
Subject: Prince Frederick Office Park, Phase II
Royal Pike)
<<...>>
Commonwealth of Virginia - Department of Transportation
Edinburg Residency
14031 Old Valley Pike
Edinburg, VA 22824
' (540) 984-5600 - Fax (540) 984-5607
February 2, 2000
Mr. Jay K. Johnson, P.E.
C/O Triad Engineering, Inc.
P. O. Box 1448
Harrisonburg, VA 22801
Ref: Prince Frederick Office Park, Phase II
Rte. 50 (Millwood Pike)/Rte. 522 (Front
Dear Jay:
Frederick County
A VDOT review has been conducted on the "Traffic Impact
Study" dated November 30, 1999 for the referenced project as submitted by
VETRA Company.
The intersection analysis of existing traffic shows the
currently unsignalized intersections of US Route 17/50 at Prince Frederick
Drive and at US 17/50 at Ryco Lane are operating at the intersection of LOS
"A" during the AM and PM peak hours, with LOS "D" and LOS "E" for the
northbound approaches. Further analysis using year 2005 diverted background
traffic show basically the same levels of service at these intersections.
The study concludes there will be no significant impact to either of these
1 of 3 2/4/2000 12:49 PM
[Fwd: FW: Prince Frederick Office Park, Phase II]
intersections. It also indicates signalization is needed at both
intersections with or without the additional traffic generated to bring
their capacities to an unfailing level of service.
We disagree with the study logic that movements on minor
approaches with low levels of service should be corrected by installing
traffic signals at the intersections. In this particular situation, the
minor movements (northbound lefts) are very small and the mainline traffic
is heavy. This situation exists for all side street traffic wishing to make
this maneuver along the U.S. 17/50 corridor at the ECL of Winchester.
We do not recommend signalization of the US 17/50 at Ryco
Lane intersection. We do, however, recommend consideration of a signal
control in the area of US 17/50 at Prince Frederick Drive.
The intersection of US 17/50 and Prince Frederick Drive has
been studied in the past and since it minimally met a few of the warrants,
we did not feel justification could be established for installation of a
signal at that juncture. However, with the proposed Prince Frederick Park
development, traffic conditions may change sufficiently to bring forth
adequate warrants to justify signalization of the intersection. The exact
location of the proposed signalized intersection at US 17/50 and the
developer's share of the cost will be impacted by the potential of the
proposed relocation of Route 522 to adjust to the proposed widening of
Interstate Route 81.
If the proposal to relocate Route 522 becomes a VDOT design
plan and should be constructed prior to the occurrence of warranting
conditions due to Prince Frederick Park traffic, the Department will install
a signal at the new intersection of US 17/50 at Route 522 and one may not be
needed at Prince Frederick Drive.
If/when Prince Frederick Drive is connected to existing
Route 522 via Costello Drive prior to any relocation of the Route 522
intersection or warranting conditions are met by Prince Frederick Park
traffic, a signal should be installed and the developer should share in the
cost of the installation., This signal may become unnecessary and be removed
after the relocation of Route 522 has occurred.
The traffic study included impacts of future Costello Drive
traffic in the Prince Frederick Park complex. However, the impacts of the
Prince Frederick Office Park traffic to the Costello Drive/Route 522
intersections were not addressed. A traffic impact analysis should be
performed at this intersection and if lane conditions warrant changes to
signal timing and/or lane configurations, the developer should participate
in the cost of all required modifications.
Other considerations which appear relevant at this stage of
plan development include laneage for Costello Drive extension and proposed
treatment of Ryco Lane (improvement or signalization).
The laneage of current need as expressed in this study could
be met by constructing three 12' lanes initially with adequate right-of-way
for additional laneage to be provided by subsequent development(s) as they
may occur in the future, by the provision of an additional 12' lane on each
side of the roadway.
Whatever initial lanes are constructed, all grading, culvert
and structure needs should be provided with ultimate five lane (601)
pavement consideration in the computations.
Any proposed improvements to Ryco Lane could/may be delayed
pending the outcome of the above mentioned potential relocation of Route
522.
2 of 3 2/4/2000 12:49 PM
[Fwd: FW: Prince Frederick Office Park, Phase II]
Also, agreements to participate in the installation and
material costs for signalization at the indicated locations should be
provided by the developer/owner.
Please initiate appropriate steps to provide the above
comments as a part of any plan revisions to be submitted to VDOT for further
review.
If there are any questions, please do not hesitate to call.
Sincerely,
Barry J. Sweitzer
Trans. Roadway Engineer
For: Steven A. Melnikoff
Transportation Engineer
BJS/rf
xc: Mr. Dave Heironimus
Mr. Jim Diamond, Attn: Mr. Kelly Downs
3 of 3 2/4/2000 12:49 PM
I
SUBDIVISION 122-99 PRINCE FREDERICK
Shawnee APPRQVYOWICE PARK — PHASE 2