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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 � Receiv�i From Af � �� ., Addres A ell _� c• F= �' c� IT— i � { 001 AMT. T # /r '� 7Ml.ACCOUNN wAMT PAIDK- BALANCE _,. MONEY By DUE �G 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 $A/V. SFYK� SMT. 20' •`—�s`�@� FOR CURVE ANO — S,'Gv --Z-,IAT- — — — — — — — �- •`�� LINE TABLES _ EX. 20'� SANITARY ESMT. ORA/NAGE v' LOT 3 838//480 ESMT. 9.9972 AC. MAT-Cl--IL/NE SEE SHEET 4 : OCTOBER 25, 1999 Y� OUT PARCEL �O j0 f`0 "Air o 20.4937 AC. � DRAINAGE ' ESMT. 802//04/ 0.002E A.C. R.O.W. OEO/CAT/ON SHEET 3 OF 9 CD-013 D n r F L. MATCHL/NE SEE SHEET 3 r N• MATCHL/NE SEE SHEET 9 !'� N5T48'39"E 23/.00' CTOTAU 0U7TPARCEL r�S49-I8.37"w ,. /� ,. 55.00' f-1 4 20.4937 AC. ; 8O2//047 8ei /065 vi, N/F coo PRINCE FREOER/CK GROUP 550-07'26"W � �` 802//047 407.91' rrOTAU ZONE B-2 / OFFICE 44.7/' ' • /•.� 2 ; 6- �N26'S3'39" �ijQa�+T (gyp �, l Qe�(/0, �N5p ��s.E ��•"�Ii♦••♦•• �,"- 90.00' ®� 35' BU/LO/NG ' t � Q� / •"�►�• L-/07.06' '•♦•.` SETBACK . �U,� •♦•.��R-40625'Y-10? LOT 3 ' 9.9972 AC. % �i t �4�I �� L--50.00 • R-30.00' , o . o . CUL-OE-SAC R/W � � N/F W/NCHESTER REGIONAL A/RPORT AUTHOR/TY 659//75 ZONE RA / A/RPORT 4B3./6' (TOTAL LOT 3) ....................r................ A0 �vPG 0 oql • 7/.42' • /80.57' .�..�..i ................... S5S29'/7" 'Z424.24' (TOTAL) , 1p .t.� o , o. o (0 \0 S63'S7'S!"E 70.78' /002.00' CLOT TOTAL) ................... DAVID E IGGzi f4o. law ' 3UR� OCTOBER 25, 1999 INAL SUBDIVISION PLAT FOR PRINCE FREDERICK OFFICE PARK PHASE 2 SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE: OCTOBER 25, 1999 SCALE: 1" = 100' TRIAD ENGINEERING, INC. 200 AVIATION DRIVE WINCHESTER, VIRGINIA (540) 667-9300 FAX (540) 667-2260 SHEET 4 OF 9 CD-013 MATCHII E SEE SHEET 6 20' SAN. 20' WATER _ _ .�6"N/ ESMT. 3 - D/NG N6'';��DT.�•• SEW. ESMT. _-��; 35 BU/L$/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 .••' � Zr N r � 1 roAo ' y SHENNAOOAH UN/VERB/TY ' 924/973 ZONE RA � 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/ N N ZONE B2 SHOPPING 'i0 CENTER ��V -Ail •rn �i i i i i N/F -4{Z PATRICIA G. & N•N ALMA G. BIGGS v�n� ZONE B2 VACANT 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 1 1 • 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 N28'42'38"E y Z \ � 1 • rn It •• . m 1 ••,••'r' 1_-�_O-4''��)�p�••'��. S7 20�87"E I ,� 10 D � u;1 � Ex. ORA/NAGE I J -A ESMT. 802//04/ I j %'-k : LOT 2 9.5306 AC. � 11; 11 1 �►, m 35' BU/LO/NG \ i �( , SETBACK "AT-CHL//VE SEE SHEET 3 00 SHEET 2 OF 9 CD-013 MATCHL/NE SEE SHEET 9 i r W� OUT F>ARCEL 0 nAa m � 20.4937 AC. a 802//047 & 106E a i i i i N/F NCE FREOER/CK 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 -2- 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 -3- 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; -4- 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. -5- 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 -6- 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. -7- 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. -8- 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; -10- 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 -11- 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 -13- 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. Morgantown • St. Albans • Logan Greensburg Winchester • Harrisonburg West Virginia Pennsylvania Virginia r. '40 � f�gh '_r�i`-' �-_.:.::.s #s��:. .,f�•'•-� .a ,�� ,'�'-,� P � v ,`..p?�'i� - _. "'� �'1:'"�S�"k j .K%F '�v ,3�' T���[*,. ,..�: '-0��'- • „ yC� _ka .'�„�L� �' �:<:�'x .. N:;s �s'`d,�°. ,. .. �..aic �._.,.� .-:� __ ��`::'st��:�i-�.u`�+.«...<,$..��.�.. ...s.m..,x.�-`.`.._..-.-.'�`��.�'�^c._x�.'��. i K' .sue � 'g' S '�� 4, ak -. Vi- IT PM yi ��-��" � - � � fir• , � �;*s� � } 1 ,;.y�nYa J :4 tt r t f + It. •}::y ME R 1 VE Ef, 10 2 �Jllfl i K EN S'll �E 1, V VVINCHE'S"I'LA, 'ViRUINIA 22601 l," 40,'i 66",- 109" fax (5401 72M327 -A; t J N, '- 1'1� 1, Q .A LSSA' 0 L.. ! S A Nl E'40P) F0 k 'I I i F L S 2 O'rml: N LA 'V 1 ZIA, 0 K iN TI 11 ' IN W 111 CI i IT lS A DD RES S LD AND N1 A Y Ci IN' I ". I N' INFORMATION TRATIS PRIVILEGED, CONFIDENTIAL OR EXZMPT FROM DISCLOSURE UNDER APPLICABLF LAW. AT70R,K'--Y4'1,jFNTPRIVILI:,,OE,,')RASATTCfRNFYWOfiRPRODUCT. 11 the re2de, of this message is not the intmocC, v!o1vient or lhc viriploytt or agmt rc*ponswe for tht; mvsiajc to the lnicndcd Yc6picm,, you, are heret�ynwolmd Uaat any dimcrnnvlk— C'4'ylyq f.-, other use of this ccirwnumtaum is stvcOy pmbibitcd. If you hays remyed this commurictition m error, pimc flotily US immej!%wtv t,v [clepqo-,e and mcum the oripw convnuwi�ation to &;s At itte "ovc Pacress oy mail FL47TING Ef 'tilE 1N TP'111.Nfi !8EfWASM Alo' . is lIA�1 Tt�F FRS � �N Am- t"M31WALIN CF VIM;1krA CA . p3TARv V LIC OF SALID :Wwy, Do f !TiFY 7-!AT 'CAY _ fi r@ EX D - f AR I U 7 TtiE 19_ tl.• AAS THIS DAY ACK.I�1'�_.�.DGECC. CWMT SA THE aAl►� �F t� IN �Y ,. EN �#in" Wf tE CIS JAY I;'- wy r 7i i5 It E-vl' -Es: 40TAF", PUBLIC trove sTp t� it'd a SidC !I "t t I1t Apliew- OF J; I s TV 64 itAf: PPX E9 -Zgp Lq ,ti . I3--2 QZAEiPM- 611S) SS TT 1-4f tC" 2= 4-53as At- _( 3- 9.9972 At- l..fT 4- 5-09M AC- [ -or 5� 4.1624 AG. , €W8lCAT (+-.5j6,t AC. t# i £31CilL&p 4W: s ON T -IE IP E MI T. aui i7t15 ECG€'LF �TC£IAWV LF TIML WET�,"ll WAS Ni. (3€ ¢7tR;T lOC4itfl�i I`f ElS1�vGE sis NOT £sTaLls"El! per ,_'w!S 4 3. fi4AMED 1"VM W- VE CRE "FEA FY R Pe. AT �f rlTk�iL "stBEiL'ia[� t�La OF A pawloid TML LAIC C tpw.s It.�M"I SVXTE. ET. "-PR�i �yt .MM =I A P70AY. ICE" jrl )EED 88E ,*,. , . = y£3t V CERT trY TIKI THIS L! Firtui im Auy VEY ''M - 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 O/RECT/ON CHORD C/ 220.7$ /3•/O'38" 960.00' //0.88' S70'/7'44'E 220.30' C2 39929' 23.49'50" 960.00' 202.57' SS/'47'30"E C3 39.27' 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, Z/.04' 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 1 ! i ! � 1 1 1 1 1 • 1 1 • N/F � KATHf?YN L ! j STROSN/DER ET. AL T98/300 j ZONE B2 � RES/GENT/AL 1 MARLOW & BOARD ZONE6B2 N70"47'47"W 1 305.07' Rj 1 AUTO SALES k j 1 • N28'42'38"E ; y � 1 i 1 m • 1 I .+•• 1 1 1 �— �7.41 El���•••�� 57202E "E I �!L ----�----�`'1 SiQ'•�Y�' , ��� D� Nils 11 M••, �•••• I � i.` m o N.� FREOER/CKTOWNE i N' N� I ;� rn J DRAINAGE ' J ZONE M2 0 uli , , ESMT. /NOUSTR L /ALOT 2 802//04/ (Z 9.5388 .4C. 35' BUILD/NG j �" SETBACK Y 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� ! ! 11� WATER ESMT. 795/340 PRINCE FREDERICK GROUP N' N' �: 1 j, OFFICE PARK PHASE 2 �: !N SHAWNEE MAGISTERIAL DISTRICT DI FREDERICK COUNTY. VIRGINIA " oN y j R 1� so- DATE: OCTOBER 25, 1999 SCALE: 1 = 100' 35' BU/LO/NG m 1 w SETBACK TRIAD ENGINEERING, INC. t; 200 AVIATION DRIVE WINCHESTER. VIRGINIA 11 i pz1 (540) 667-9300 FAX (540) 667-2260 mi j BUFFER ' �� 1 � 7.78' .�.•�+'�'.'..� -- � ----- 25-/NACTNE-----"-". �_-----------� ------ _'------~- Q5, AC-T/VE-BUFFER � tip i 0 � � � ®� ----------------------___----------- • I `- r. 35' BU/LO/NG LOT SETBACK /RS I 9.5388 AC. I N26'n'34"E S26•/7'3 1"W--� � � /7BJ6' - ' ' 2O' WATER r - J� 35' BU/LO/NG ESMT. SETBACK WATER ! N6 49,97 6"W ZO' SAN. ZO' WATER 35' BU/LO/NG ESMT. I /RS SEW. ESMT. ESMT. SETBACK I I t 1.C4• - _ ZO' SAN. IRS - _ cs /RS __�_� �• � •�..�..�. �...�. EX. 20'�..�.. _.._..�• SEW. EM ST. WATER ..� /RS-` /RS ORA/NAGE ESMT. �•�N39. _ ` �••�•' I 795/340 '� s ESMT. /yy) 20' WATER •'�2-33 -�� i I URNS Cao' R ESMT. '••�2p/T C -5 BU/LO/NG ..� , MATCHL/NE SEE - I- I- SETBACK �Rs S oso� — --- R� • NOTE: SEE SHEET 2 -- SE1�.�57A7-- FOR CURVE TABLE—��'�_`` �� ��••i•, SAN838� /480 MT O ESMT• E \ LOT 3 Q ORA/NAGE / l • / ESMT. /f j G,Y 1 74.9/' ems•♦ / • P G' /0.0000 AC. MATCHL/NE SEE SHEET 4 S57'46'//"W 74.9/' OCTOBER 25, 1999 N o f ; OUT f"A/ EL „A" \\to� 20.4937 AC. SEX. 826//8/4 ORA/NAGE ESMT. 802//04/ SHEET 3 OF 9 CD-013 Z 0 Z y f " ATCHL/NE SEE SHEET 3 MAT-Cl-IL/NE SEE SHEET 9 I !'� NST4B'39"E If 23/.00' (TOTAL.) OUT PARCEL ,^� 549'/B-37"w 1 55.00' „A„ T 20.4937 AC. 826//8I4 3� N.(p PRINCE OR/CK � j,�lZ FREE GROUP ZONE B 2// OFFICE 407.9/' (TOTAU ►e�• c /►� 90.00' / / Q � � /47.68' �••� 1 35' BUILDING ' / •"�►�� L-I07.06' `�•�..' SETBACK �U,� •�•.��R-4o6 25' + LOT 3 v ' /0.0000 AC.;0 0 vAo o p %% 0v of EX. TEMP. ,• �(/ : G Qj� CUL-CPE-SAC 802//04/ N/F W/NC/-/ESTER REGIONAL AIRPORT AUTHOR/TY 659//75 ZONE RA / A/RPORT - 483✓6' !TOTAL LOT 3.) ............................. • S 2 J 4Y\ll /002.00' 7/.42' /80.57' ' ('LOT TOTAL) 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 MA7-C1--1L//VE SEE SHEET 6 + ZC' WATER - /�` SEW. ESMT. ESMT. "BU/ DING N6�4�T0 Ate: _ / •�..r Z • o O VD � - 3-'`gACK 5 �T • EX. 20' • r •' WATER ESMT. MATCHL//VE SEE 795/340 �N ; �VI i-i- IRS• J�.1. .r• N!y ��- Cg �rt.J•.$• CG�ELL�RNE 74 SOT _ _.I••�%9'�-99'•• vv gd 9 — L . -- _ �l 1 "�I �•.�•'�� 20' WATER 6 �..r..r..— . N �•, ESMT. 563'¢� ,? .•E.76' •�• � = = — — — — — m LOT -46 EX. 'O .�•'� _- ' SANITARY ESMT. • (4 ^OSTELLO V: •�••� C/-�1 EX. 30' 20' S'4N' 838//480 OR/VE ; . •�' / / - - 1 UTILITY ESMT. SEW. ESMT. 838//480 1 �••� �11/ �- / EX. 30' 1 LOT 3 • UT/L/TY ESMT. ' 35' BU/LO/NG 0 C T 0 B E R 25, 1999 SETBACK /0.0000 AC. PATR/C/A C. & 1 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' LOT S W' LOT 4 `A'�� A 4./624 AC. �' S.000O AC.' TRIAD ENGINEERING, INC. .�'' 200 AVIATION DRIVE WINCHESTER. VIRGINIA '.•�.•�� !1 �; �1 (540) 667-9300 FAX (540) 667-2260 tNnip 1 , O o SHENANOOAH 1 � 1 � I\ UN/VERS/TY N/F 924/973 1 1 WINCHESTER REGIONAL ZONE RA 1 AIRPORT AUTHOR/TY 1 y rn ZONE RA / AIRPORT 1 483✓6 ,l-' ' 3/8.84' IRS IRS LOT 3> b.-..-..-... ..-..-..-..-..-..-.368.25'. •r••r••�••r• ••�r••r••�•.-•�•. I� =NOTE. SEE SHEET 2 S55"29'/7•E 2424 24' (TOTAL) FOR CURVE TABLE SHEET 5 OF 9 11' CD-013 OELCO �:Z DEVELOPMENT WIN CO. N 393/37/ i v ZONE B2 SHOPPING -it0 CENTER �;W •m r1 1 i �1 i 1 i N/F BIZ PATRICIA G. & ALMA G. B/GGS ZONE B2 VACANT N 01� D.m Ci i 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. SEW. ESMT. MAT'C/--/LINE SEE SHEET 5 D n Z r V) y (4 RYCO LANE <R/W VARIES.) 1S23'48'ZS"W 023.66' <TOTALI 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 MIR/AM N. ROSEN ' t II • 1.1,1 830/300 1 � 1 1 I,p ZONE SHOPPING CENTER 1 1, 1 11 ,N N/F O1� ►11! ELCO OEVE CO. ZONE B2 1111 1+ C'EIV7-jEIr /�Vl C. WILSON & cENT�R OCTOBER 25, 1999 zo- sAN. S6B"/7'42"E SEW. ESMT•„�.���� 11' # L/NOA W. FLETCHER 55 4.9/' CTOTALJ•�..�•••�••�•�• , 843/759 70.9/A1 52000�"W ... ....�560�32•E..�..�:3�..�......�.. ii : 1 1 10 ZONE CI COMMERC/AL ............................ j 1 11 RYCO LANE 1 \ !R/W VAR/ES.) 35' BU/LO/NG SETBACK : 1 w LOT N� cc.684(3 ^C. WATER ESMT. 1 -,----ter N/F- i kA i � 1 `' FREOER/CKTOWNE GROUP ZONE M2 //VDUSTR/AL • - L MATCfHL//VE SEE SHEET 6 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 TRIAD ENGINEERING, INC. COM NDC USTR/AL►� j 200 AVIATION DRIVE WINCHESTER, VIRGINIA i�!ul ' (540) 667-9300 FAX (540) 667-2260 !njp N k, 41 *W* V1 ^• N U1•, ' � i N/F N6/'38'44"W fi`� CARPER'S VALLEY 35.30' GOLF CLUB � � 762/B08 ' ZONE RA .•• GOLF RSE COU ----- --___� YI ' SH/RLEY F_ CARTER Ni 1 ZONE B2 i VACANT r •� KATHRYN L. ' STROSN/OER ET. AL N''i •3�4�;;�-•'-• ! 9' •' ' , 798/300 29 ZONE B2 -••r•,� IJ RES/GENT/AL � �.•�'' W� .. i o-r 20.4937 .4C. i i OCTOBER 25, 1999 i " ATCI-HL/NE SEE SHEET 9 SHEET 8 OF 9 CD-013 i I �;0 h�; a r J MATC/-HL/NE SEE SHEET 4 MATCHL/NE SEE SHEET 9 t r W� 0�0 OUT PARCEL 20.4937 AC. z a 826//8/4 •� i i i i i N55'/2'/7"W 1 �• 294 p2"E ...� -......�..�..�..�..�..�..�..�..399.G% .......................♦ .�......... 559' N/F 'E FREOER/CK GROUP B02//0-47 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