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Home My WebLink About16-03 Solid Woods 5 Lots Red Bud - Backfile (2)1% ! Subdivision Checklist 1. Comment sheets from the following agencies, along with any marked copies of the plan: % " VDOT ti` City of Winchester GIS (Road Name t Sanitation Authority j` / Health Department Review) Inspections Department Parks & Recreation Fire Marshal t/ County Engineer 2. One copy of the subdivision application Application received. ( Fee paid (amount: $�o ) Information entered in d-BASE and Reference Manual 5 03 ram- File given to Renee' to add to Application Action Summary ' Plat(s) signed by Subdivision Administrator Approval letter to applicant/agent ' Copy of final subdivision plat(s) [with signatures] made and given to Mapping and Graphics Manager for structure numbering assignment 0 Updated d-BASE and Reference Manual - File given to Renee'. to update Application Action Summary Final plat(s) submitted with review agency signatures along with: - -- -- ----- Recorded deed of dedication Bond estimate (if required) $ S-5 1 o? s O \Operations Manuahsubdivisioa.trk Revised: 6124102 r. 1b 4 A7 CASH r003504. 6: DateRECEIPT Received From E � _ AddressV�-= -- Dollars $ I.. LFor�� - v 2 ACCOUNT HOW PAID AMT OF ' ir..CASH , ACCOUNT .� — �IU-±GIs AMT PAID: CHECKt .. _ BALANCE_. — MONEY ORDER El BY— DUE` CREDIT CARD❑ Solid Woods Subject: Solid Woods Date: Mon, 10 Jan 2005 16:42:33 -0500 From: Eric Lawrence <elawrenc@co.frederick.va.us> To: Mark Cheran <mcheran@co.frederick.va.us> Mark - I have spoken with both the developer of Solid Woods subdivision (Bruce Boyle) and the homeowners of Lot 1 (Mark Eisenman at work and his wife at their home 667-6312). The Eisenmans have requested that the street trees not be installed on their Lot. The Eisenmans were advised that the developer will not be obligated to install the trees on Lot 1. Please file this e-mail in the bond and subdivision files for record. -Eric Eric R. Lawrence, AICP Director Department of Planning and Development County of Frederick 107 N. Kent Street Winchester, Virginia 22601 540.665.5651 540.665.6395 fax elawrenc@co.frederick.va.us www.co.frederick.va.us 1 of 1 5/25/2005 7:55 AM Solid Woods subdivision Subject: Solid Woods subdivision Date: Fri, 07 Jan 2005 15:03:30 -0500 From: Eric Lawrence <elawrenc@co.frederick.va.us> To: Mark Cheran <mcheran@co.frederick.va.us> Mark- I have spoken with both the developer of Solid Woods subdivision (Bruce Boyle) and the property owner for Lot 4 (Mrs. Lemieux). The Lemieux's have requested that the street trees not be installed on their property. Therefore, the Lemieux's have been advised that the developer will not be obligated to install the trees on Lot 4. Please file this e-mail in the bond and subdivision file for record purposes. Thanks Eric R. Lawrence, AICP Director Department of Planning and Development County of Frederick 107 N. Kent Street Winchester, Virginia 22601 540.665.5651 540.665.6395 fax elawrenc@co.frederick.va.us www.co.frederick.va.us 1 of 1 4/4/2005 8:02 AM COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 August 4, 2004 Bruce Boyle 102 Dell Court Winchester, Virginia 22602 RE: Solid Woods Subdivision Dear Bruce: Thank you for meeting with me at the above referenced site on August 3, 2004 to discuss the landscape requirements associated with your development. Following our review of the existing natural evergreen vegetation (Virginia cedars), we agreed that these existing trees will certainly accomplish the intent of the Road Efficiency Buffer along Senseny Road. With the exception of an area between Senseny Road and Lot 4, the existing vegetation satisfies the REB requirements. In regard to the area between Senseny Road and Lot 4, you will be expected to plant at least five Leland Cypress trees to fill in the cleared area. Please contact me with any questions regarding this letter. Sierely, I 4 r . Lawrence, AICP Planning Director ERL/bad 107 North Kent Street • Winchester, Virginia 22601-5000 Solid Woods subdivision Subject: Solid Woods subdivision Date: Fri, 07 Jan 2005 15:03:30 -0500 From: Eric Lawrence <elawrenc@co.frederick.va.us> To: Mark Cheran <mcheran@co.frederick.va.us> Mark- I have spoken with both the developer of Solid Woods subdivision (Bruce Boyle) and the property owner for Lot 4 (Mrs. Lemieux). The Lemieux's have requested that the street trees not be installed on their property. Therefore, the Lemieux's have been advised that the developer will not be obligated to install the trees on Lot 4. Please file this e-mail in the bond and subdivision file for record purposes. Thanks Eric R. Lawrence, AICP Director Department of Planning and Development County of Frederick 107 N. Kent Street Winchester, Virginia 22601 540.665.5651 540.665.6395 fax elawrenc@co.frederick.va.us www.co.frederick.va.us 1 of 1 U7/2005 3:03 PM Solid Woods Subject: Solid Woods Date: Mon, 10 Jan 2005 16:42:33 -0500 From: Eric Lawrence <elawrenc@co.frederick.va.us> To: Mark Cheran <mcheran@co.frederick.va.us> Mark - I have spoken with both the developer of Solid Woods subdivision (Bruce Boyle) and the homeowners of Lot 1 (Mark Eisenman at work and his wife at their home 667-6312). The Eisenmans have requested that the street trees not be installed on their Lot. The Eisenmans were advised that the developer will not be obligated to install the trees on Lot 1. Please file this e-mail in the bond and subdivision files for record. -Eric Eric R. Lawrence, AICP Director Department of Planning and Development County of Frederick 107 N. Kent Street Winchester, Virginia 22601 540.665.5651 540.665.6395 fax elawrenc@co.frederick.va.us www.co.frederick.va.us 1 of 1 1/10/2005 4:38 PM i4211 CE SITE ^' - I . SOAP I'll AC W ,TERM LINE "* :, ` ~ ` ASE�iE`AI,T 40 642 `432 ` 44' \ `` \ 'T01 122 LOTS i )-122 } } 43A 42 . A. L NE 50YLE — — — FF = 4r2 44` I , E. RP, ' � n \ 44 ��42 (r \ ` \ EN 5F ACE 44' 41 4r0' 4 _ � 47 /77oNA�- fir rp eTYP. DIMENSIO* -- __ N 4'Q(o°2N5" W 301-r i' _ - _ --N-moo B�4BL='.W -32.39' _ � )SENSENY ROAD - RTE. 651 _ � ROAD EWIICiENCY I!U*ER SCREENING (42 - r � �✓' 0 ' � TIME OF PLANT �' PINES PLANTED N MG DBL. ROW MIN. 4 NGT. A r -- - __._ — — __..._... — — Greenway Engineering June 17, 2003 SWEJ, LLC. Rezoning Revised September 25, 2003 SWEJ, LLC. REZONING Tax Parcels 65-((A))-47 & 65-((A))-48 . 13uJf Magisterial District Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # 08-03 for the rezoning of 4.017 acres from the RA, Rural Areas District to establish 4.017 acres of RP, Residential Performance District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this applicant and their legal successors, heirs, or assigns. The subject property, more particularly described as the lands owned by SWEJ, LLC. being all of Tax Map Parcels 65-((A))-47 and 65-((A))-48, and further described by Deed Instrument 030005619 recorded March 17, 2003 in the Frederick County Clerk of the Court Office. The applicant hereby proffers the following: A.) Land Use Restrictions The applicant hereby proffers that the 4.017-acre site will be limited to five single- family detached traditional building lots. Single-family detached housing shall be the only housing type permitted on the 4.017-acre site B.) Access The applicant hereby proffers that access to the 4.017-acre site will be limited to direct access to Dell Court. No primary or secondary access points will be permitted to occur on the Senseny Road frontage on the 4.017-acre site to serve any residential building lot. Fie #3719/EAW Greenway Engineering June 17, 2003 SWEJ, LLC. Rezoning Revised September 25, 2003 C.) Open Space The applicant hereby proffers to provide for a minimum of 0.40 acres of open space that will be located on parcel 65-((A))-47. This open space will be connected with a ten -foot access easement that is accessible from Dell Court. The applicant hereby proffers to provide for a road efficiency buffer along the portion of Senseny Road that adjoins the five single-family detached traditional building lots and further proffers to establish homeowners covenants that require the maintenance of the road efficiency buffer. D.) Monetary Contribution to Offset Impact of Development The undersigned owners of the above -described property hereby voluntarily proffer that in the event rezoning application # 08-03 is approved, the undersigned will pay to the Treasurer of Frederick County, Virginia a total of $10,089 per single-family detached traditional building lot at the time of building permit issuance for each residential lot. E.) Generalized Development Plan The applicant hereby proffers to provide for a Generalized Development Plan depicting the location of residential land use and the location of all road efficiency buffer and open space areas associated with the 4.017-acre site. The Generalized Development Plan shall serve as the guide for the Subdivision Design Plan for this acreage. File #3719/EAW Greenway Engineering June 17, 2003 SWEJ, LLC. Rezoning Revised September 25, 2003 F.) Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: By: " rtw 5w Ej— L4"'L ® q SWEJ, LLC. Date Commonwealth of Virginia, Ci /County fTo Wit: The foregoing instrument was acknowledged before me this day of 6ee- 2005 by By-tx_e. A . Nv! e-- _ Sul Q L . , , MCM bed Notary Public My Commission Expires e f�2.00_� 005 Cot'vlwli55iovlQ 0- 64r,rf cis Tbor7Ct, 5 Fop e��5 File #3719/EAW Q_1 1 (APV COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 January 29, 2004 Greenway Engineering Attn: Mr. Kurt Pennington 151 Windy Hill Lane Winchester, VA 22602 RE: Solid Woods: Final Plats Dear Mr. Pennington: This letter is to confirm that the final plats for Solid Woods were approved at the Board of Supervisors at its January 28, 2004 meeting. Mr. Bruce Boyle has collected the final plats for recordation. This subdivision allows for the development of five residential lots containing a minimum of 15,000 square feet each. A Letter of Credit in the amount of $55,125.00 has been provided for the construction guarantee. Please return a copy of the recorded plats and deed of dedication to this office. I am available to review advanced copies of the final plats for the remaining sections of the subdivision. If you have any questions, please feel free to call. Sincerely, 44 ow"� Patrick T. Davenport Zoning and Subdivision Administrator PTD/bad cc: ',iBruce Boyle ,-Jane Anderson, Real Estate mina A. Forrester, Red Bud Run District Supervisor mat Gochenour, Red Bud District Commissioner ---NTarie Straub, Red Bud District Commissioner 107 North Kent Street • Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 January 7, 2004 Greenway Engineering Attn: Mr. Kurt Pennington 151 Windy Hill Lane Winchester, VA 22602 RE: Solid Woods: Subdivision Design Plan Dear Mr. Pennington: The Subdivision Design Plan for Solid Woods has been approved. Enclosed, please find five cover sheets for your records and distribution. The final plats are approvable, once the Board of Supervisors grants administrative approval authority to staff, and an appropriate construction guarantee is in place. For your information, the Board of Supervisors will consider this subdivision application at its January 28, 2004 meeting. If you have any questions, please feel free to call. Sincerely, Patrick T. Davenport Zoning and Subdivision Administrator PTD/bad Attachments 107 North Kent Street • Winchester, Virginia 22601-5000 SUBDIVISION #16-03 SOLID WOODS Staff Report for the Board of Supervisors Meeting Prepared: January 13, 2004 Staff Contact: Patrick T. Davenport This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist in the review of this application. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 01/07/04 Recommended Approval Board of Supervisors: 01/28/04 Pending LOCATION: This property is located north of Senseny Road (Route 657), east of Senseny Glen Drive, at the end of Dell Court. MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBER(S): 65-A-47 and 65-A-48 PROPERTY ZONING & PRESENT USE: RP (Residential Performance) District Land Use: Vacant ADJOINING PROPERTY ZONING & USE: North: Zone RP South: Zone RP East: Zone RA West: Zone RP Use: Residential Use Residential Use Residential Use Residential SUBDIVISION SPECIFICS: Subdivision of 4.01 acres into five single family detached traditional lots (minimum area of 15,000 square feet each). Subdivision Application #16-03 January 13, 2004 Page 2 REVIEW AGENCY COMMENTS: Department of Transportation: Please see the attached letter dated December 10, 2003, signed by Barry J. Sweitzer, Trans. Roadway Engineer Fire and Rescue: Plan approval recommended. Sanitation Authority: Second review - approval as noted - 1 item. Public Works: Upon receipt of the subject plan, we offer no comments at this time. Therefore, we recommend approval of the subject subdivision plan Inspections: Dwellings shall comply with The Virginia Uniform Statewide Building Code and the International Residential Code/2000 Edition. Parks and Recreation: Plan appears to meet open space requirements. GIS: Preliminary structure numbers have been annotated. Public Schools: No additional comments at this time. Regional Airport: Please see attached letter dated October 16, 2003, signed by Serena R. Manuel, Executive Director. Staff Review: Public Meeting_ Requirement The Subdivision Ordinance requires that land divisions in the RP (Residential Performance) Zoning District, without an approved master development plan, be presented to the Board of Supervisors for final approval (§ 144-12-B). The Master Development Plan (MDP) requirement may be waived, and has been waived for this project as permitted by §165-134A. On October 31, 2003, a letter from staff was provided to the applicant which granted a waiver to the MDP requirements This project contains land zoned RP and does not have an approved MDP; therefore, Planning Commission and Board of Supervisors review and action is necessary. Staff Review The Board of Supervisors approved the rezoning for this property on October 8, 2003. The Subdivision Application #16-03 January 13, 2004 Page 3 proposed subdivision (Exhibit "A") will create five single family detached traditional lots. These proposed lots are allowed in the RP Zoning District, under Chapter § 165-65B of the Zoning Ordinance. Public water and sewer will be utilized by the proposed lots. An 80' foot road efficiency buffer against Senseny Road (Route 657) and 35,845 square feet of open space will be provided in this subdivision. A proffer of $10,089.00 per lot will be paid prior to the issuance of each initial building permit. The lots will be served by a newly constructed state road on a fifty foot right of way named "Dell Court", which will connect to Senseny Glen Drive. STAFF RECOMMENDATION FOR 01/07/04 PLANNING COMMISSION MEETING: The proposed subdivision appears to satisfy agency and ordinance requirements, once minor issues are addressed. Staff is seeking administrative approval authority, therefore a recommendation from the Planning Commission to the Board of Supervisors regarding the subdivision request is desired. PLANNING COMMISSION SUMMARY & ACTION OF 01/07/04 MEETING: A member of the commission inquired if the designated open space was an ordinance requirement and, if not, why was the open space incorporated within the subdivision and would a homeowners association be required. The applicant replied that the open space was not required, however, it will provide a small portion of distance buffer between three of the proposed lots and the RA land immediately to the east. The applicant pointed out that a road efficiency buffer is required, regardless of whether the strip of open space was included or not, and because the inactive portion of the buffer cannot be incorporated into the building lots, the five lots will have to be responsible for the maintenance and upkeep of that portion of the road efficiency buffer, as well as the open space. It was noted that the five lots are not a part of the Senseny Glen subdivision. It was further noted that Dell Court has already been constructed, it is maintained by VDOT, and it connects to Senseny Glen Drive. The staff reported that the subdivision appears to satisfy agency and ordinance requirements, once minor issues are addressed. There were no public comments. The Commission unanimously recommended approval of the subdivision as presented by the staff. (All members of the Planning Commission were present.) 867 �sT cvry cv > Jcv , w N M W 65 A 48 070 SWEJ, LLC 657 �m 65 A 47 SWEJ, LLC 65 A 46 1 1 12— SENSENY ROAD RENTALS, LLC F � N }I to Vi 2, Q' 2 �W tO mw ow a a 4'o o O , 0� GL15NMONT VILLAGE cid tk ASSOCIATION 0-4 P 865 V W 65 A 48 65 A 47 O ReZoning # 08 - 03 SWEJ, LLC PIN(s) 65-A-47 65-A-48 N W E s o 3DeoFd REQUEST FOR CONDITIONAL SUBDIVISION COMMENTS Virginia Department of Transportation Attn: Resident Engineer 14031 Old Valley Pike Edinburg, Virginia 22824 (540) 984-5600 The local office of the Transportation Department is located at 2275 Northwestern Pike in Winchester if you prefer to hand deliver this from. Applicant's name, address and phone number: Greenway Engineering 151 Windy Hill Lane, Winchester, VA 22602 540-662-4185 Name of development and/or description of the request: Solid Woods Location: North of Senseny Road (Rie 657), 250' east of Senseny Glen Drive, at the end od Dell Court Va. Dept. of Transportation Comments: The application for subdivision of this property appears to have little measurable impact on Route 1409, �5�1 ��v.iYT.1M7!••1"'•I_�7RT_T•1I_�ASI��TJJ"T ��1[�SY�1r�I.1•�•1 LY�•JJ �� ■■ r • .. \. s VDOT Signature and Date: 0� llt�e - (NOTICE TO RESIDENT ENGINEER 12/ 10/03 RETURN THIS FORM TO APPLICANT.) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach two (2) copies of your application form, location map and all other pertinent information. COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY Philip A. Shucet 14031 OLD VALLEY PIKE JERRYA. COPP COMMISSIONER EDINBURG, VA 22824 RESIDENT ENGINEER TEL (540) 984-5600 December 10, 2003 FAX (540) 984-5607 Mr. Kurt Pennington C/O Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 Ref: Solid Woods Route 1409, Dell Court Frederick County Dear Kurt: This is to acknowledge receipt of your revised plans dated December 8, 2003 for the referenced project. The plans appear satisfactory and are approved. Please advise the developer accordingly. Please provide six (6) sets of approved construction plans with signed seal for VDOT distribution. I offer the following comments: • A preconstruction conference be held by the engineer and/or developer with the attendance of the contractor, various County agencies and VDOT prior to initiation of work. • Materials used and method of construction shall apply to current observed VDOT Road & Bridge Specifications applicable during construction of this development. • Our review and comments are general in nature. Should conditions in the field exist such that additional measures are warranted, such measures shall be completed to the satisfaction of the Department prior to inclusion into the Secondary Road System. • Attached is a copy of the minimum requirements and information needed prior to acceptance of subdivision streets into the Secondary System. This is the responsibility of the deveioper. • All drainage is to be carried within the right-of-way in ditch lines or gutters along the street to a pipe or drainage easement. • The contractor shall notify VDOT when work is to begin or cease for any undetermined length of time. VDOT will also require 48 hours notice for inspections. VirginiaDOT.org WE KEEP VIRGINIA MOVING Mr. Kurt Pennington Ref: Solid Woods December 10, 2003 Page Two • The appropriate land use permits shall be obtained before any work is performed on the State's right-of-way. The permit is issued by this office and will require a minimum processing fee, surety bond coverage, and the salary & expenses of a State assigned Inspector. • If mailboxes are to be placed along the roadway fronting lots, a minimum of 4' shall be between the edge of pavement and the front of mailbox as shown on the attached sketches and Standard RFD 1. • Private entrances will be installed in accordance with VDOT Standard PE-l. This is the developer's responsibility. • Any entrances constructed from the referenced street(s) shall meet VDOT minimum standards. This is the developer's responsibility. • I suggest any utilities and/or storm sewer placed within the proposed right-of-way be backfilled completely with C.R. Type 21-B Stone. This will greatly reduce the possibility of any pavement settlement. • A copy of any/all RECORDED PLATS of dedication to public use (the County of Frederick) for drainage easements or additional right-of-way required for implementation of this proposed project should be provided for VDOT review prior to issuance of any land use permit. Should you need additional information, do not hesitate to call. Sincere , 44YJ • Barry J. Sweitzer, Trans. Roadway Engineer For: Lloyd A. Ingram, Transportation Engineer BJS/rf Attachments xc: Mr. Dave Heironimus Mr. Jeremy Camp REQUEST FOR CONDITIONAL SUBDIVISION COMNMNTS Winchester Regional Airport Attn: Executive Director 491 Airport Road Winchester, Va. 22602 (540) 662-2422 The Winchester Regional Airport is located on Route 645, off of Route 522 South, if you prefer to hand deliverthis review form. Applicant's name, address and phone number: Greenway Engineering 151 Windy Hill Lane, Winchester, VA 22602 540-662-4185 Name of development and/or description of the request: Solid Woods Location: North of Senseny Road (Rte 657), 250' east of Senseny Glen Drive, at the end odDell Court Winchester Regional Airport Comments: Airport Signature and Date: (--� Imo( 1 Y A M L l Lk -IDS 1(0 (NOTICE TO AIRPORT *PLEASE RETURN THIS FORM TO APPLICANT, NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach a copy of your application form, location map and all other pertinent information. �r SERVNG THE TOP OF VIRGINIA / WINCHESTER REGIONAL AIRPORT October 16, 2003 Kurt Pennington Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 491 AIRPORT ROAD WINCHESTER, VIRGINIA 22602 (540) 662-2422 Re: Conditional Subdivision Comment Solid Woods Red Bud Magisterial District Dear Mr. Pennington: The above referenced proposal has been reviewed and it appears that the proposed site plan will not have an impact on operations at the Winchester Regional Airport as the proposed development lies outside of the Airport's Part 77 surfaces and are not subject to special conditions. Thank you for your cooperation and consideration in the continuing safe operations of the Winchester Regional Airport. Sincerely, 6 �—ty Serena R. Manuel Executive Director OCT 202M3 REQUEST FOR CONDITIONAL SUBIDVISION COMN ENTS Frederick County Fire Marshal ATTN: Fire Marshal 107 North Kent Street Winchester, Virginia 22601 (540) 665-6350 The Frederick County Fire Marshal is located at 107 North Kent Street, 1st Floor of the County Administation Building in Winchester, if you prefer to hand deliver this review. Applicant's name, address and phone number: Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 Name of development and/or description of the request: Solid Woods Location: North of Senseny Road (Rte 657), 250' east of Senseny Glen Drive, at the end od Dell Court Fire Marshal Comments: Fire Marshal Signature and Date: (NOTICE TO FIRE MARSHAL. *PLEASE RET THIS FORM TO APPLICANT.) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in oiler to assist the agency with their review. Also, please attach a copy of your application form, location map and all other pertinent information. 6 Control number SD03-0013 Project Name Solid Woods Address 151 Windy Hill Lane Type Application Subdivision Current Zoning RP Automatic Sprinkler System No Other recommendation Emergency Vehicle Access Adequate Siamese Location Not Identified Emergency Vehicle Access Comments Access Comments Additional Comments Frederick County Fire and Rescue Department Office of the Fire Marshal Plan Review and Comments Date received 10/16/2003 City Winchester Tax ID Number 65-A-47 & 48 Date reviewed 10/16/2003 Applicant Greenway Engineering State Zip VA 22602 Fire District 18 Recommendations Automatic Fire Alarm System No Requirements Hydrant Location Adequate Roadway/Aisleway Width Adequate Date Revised Applicant Phone 540-662-4185 Rescue District 18 Election District Red Bud Residential Sprinkler System Yes Fire Lane Required Yes Special Hazards No Plan Approval Recommended Reviewed By Signature` Yes Timothy L. Welshy��yg, Title _.mitt a �A'--a REQUEST FOR CONDITIONAL SUBIDVISION 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 Tasker Road in Stephens City, Virginia, if you prefer to hand deliver this review. Applicant's name, address and phone number: Greenway Engineering 151 Windy Hill Lane, Winchester, VA 22602 (540) 662-4185 Name of development and/or description of the request: Solid Woods Location: North of Senseny Road (Rte 657), 250' east of Senseny Glen Drive, at the end od Dell Court Sanitation Authority Comments: Sanitation Authority Signature and Date: (NOTICE TO SANITATION AUTHQAf I' *PLEASE RETURN THIS FORM TO APPLICANT.) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach a copy of your application form, location map and all other pertinent information. > ice" r > -� 7 V w a \b\ REQUEST FOR CONDITIONAL SUBIDVISION CONM ENTS Frederick County Public Works Department Attn: Director of Public Works/Engineering 107 North Kent Street, P Floe- Winchester, Virginia 22601 (540)665-5643 The Frederick County Engineering Department is located at 107 North Kent Street, 4"i Floor of the . County Administration Building in Winchester, if you prefer to hand deliver this review. Applicant's name address and phone number: Greenway Engineering 151 Windy Hill Lane, Winchester, VA 22602 540-662-4185 Name of development and/or description of the request: Solid Woods Location: North of Senseny Road (Rte 657), 250' east of Senseny Glen Drive, at the end od Dell Court Engineer Comments: Sigy. ujre and Date: (NOTICE TO ENI DEPT. *PLE,,SE RETURN THIS FORM TO APPLICANT.) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach two copies of emu- plans and/or application form, location map and all other pertinent information. REQUEST FOR CONDITIONAL SUBIDVISION COMMENTS Frederick County Inspections Department ATTN: Building Official 107 North Kent Street Winchester, Virginia 22601 (540) 665-6350 The Frederick County Inspections Department is located at 107 North Kent Street, 4th Floor of the County Administration Building in Winchester, if you prefer to hand deliver this review. Applicant's name, address and phone number: Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 Name of development and/or description of the request: Solid Woods Location: North of Senseny Road (Rte 657), 250' east of Senseny Glen Drive, at the end od Dell Court Inspection Department Comments: Code Administrator Signature and Date: (NOTICE TO INSPECTIONS DEPT. *P SE RETURN THIS 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. REQUEST FOR CONDITIONAL SUBIDVISION COMMENTS Frederick County Parks and Recreation Dept. Attn: Director of Parks and Recreation 107 North Kent Street Winchester, Va. 22601 (540) 665-5678 The Frederick County Parks and Recreation Department is located on the second floor of the Frederick County Administration Building,107, North Kent Street, Winchestr, if you prefer to hand deliver this review ihrm. Applicart's name, address and phone number: Greenway Engineering 151 Windy Hill Lane, Winchester. VA 22602 (5450) 662-4185 Name of development and/or description of the request: Solid Woods Location: North of Senseny Road (Rte 657), 250' east of Senseny Glen Drive, at the end od Dell Court Parks and Recreation Department Comments Plan appears to meet open space requirements. Parks Signature and Date: (NOTICE TO PARKS * 10/17/03 RETURN THIS FORM TO APPLICANT.) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach a copy of your application form, location map and all other pertinent information. REQUEST FOR CONDITIONAL SUBDIVISION COMMENTS Frederick County Department of GIS Attn: Marcus Lemasters, GIS Manager 1 107 North Kent Street DEC 12 2003 Winchester, Va. 22601 (540) 665-5651 The GIS Manager will re -view the proposed street names for this project to ensure their acceptability irto the Frederick County Street Name System. Proposed street names will also be routed through the Communication Center Supervisor for review. This step will prevent duplicate street names from being entered. Please attach one copy of the plan indicating proposed names. Applicant's name, address and phone number: Greenway Engineering 151 Windy Hill Lane, Winchester, VA 22602 540-662-4185 Name of development and/or description of the request: Solid Woods Location: North of Senseny Road (Rte 657), 250' east of Senseny Glen Drive, at the end od Dell Court GIS Department Comments: �-iho�agJ o�'J f'�E 2 Off' T�S��. .9-177�3-cff�,tJ NGti-�. FredericK County Public S..hools Administrative Assistant to the Superintendent November 13, 2003 Mr. Kurt Pennington Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 RE: Solid Woods Dear Mr. Pennington: Al Orndorff orndorfa@frederick. k12.va.us This letter is in response to your request for comments on the Subdivision Plan — Solid Woods. Frederick County Public Schools has no additional comments at this time. Respectfully Yours, Al Orndorff Administrati e Assistant to the Superintendent ALOJssn pc: William C. Dean, Ph.D. Superintendent of Schools 1415 Amherst Street www.frederick.02.va.us 540-662-3889 ext. 112 RO Box 3508 540-545-2439 Winchester, Virginia 22604-2546 540-662-3890 fax APPLICATION AND CHECKLIST SUBDIVISION FREDERICK COUNTY VIRGINIA Date: 10/21/03 Application # / � lCL-3 Applicant/Agent: Greenway En ineering Address: 151 Windy Hill Lane Winchester, VA 22602 Phone: 540-662-4185 Owners Name: SWEJ.LLC Address: 102 Dell Court Winchester VA 22602 Phone: 540-662-3961 Please list names of all owners, principals and/or majority stockholders: Bruce Boyle Contact Person: Kurt Pennington Phone: 662-4185 Fee Paid /A/? 4 L, Name of Subdivision: Solid Woods Number of Lots: 5 Total Acreage 4.01 Property Location: North of Senseny Road Rt 657), East of Senseny Glen Drive, at the end of Dell Court (Give State Rt. #, name, distance and direction from intersection) Magisterial District Red Bud Property Identification Number (PIN) 65- (A), -47 & 48 Property zoning and present use: RP / Vacant Adjoining property zoning and use: RP / Residential & RA / Vacant Has a Master Development Plan been submitted for this project? Yes ❑ No If yes, has the final MDP been approved by the Board of Supervisors? Yes ❑ No ❑ What was the MDP title? Does the plat contain any changes from the approved MDP? Yes ❑ No ❑ If yes, specify what changes: ❑ MinimumLot Size (smallest lot) 15455 SgFt Number and types of housing units in this development: Number 5 Types Single Family Detached - traditional 71 FYI COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 October 31, 2003 Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Master Development Plan Waiver for SWEJ, Inc. Property Identification Numbers (PINS) 65-A-47 and 65-A-48 (Zoning. RP) Dear Evan: I am in receipt of your letter, received by staff on October 24, 2003, which requests a waiver to the master development plan process for the proposed subdivision of the above -referenced parcels. This subdivision proposes up to five single-family detached traditional lots within the RP (Residential Performance) Zoning District. The Frederick County Board of Supervisors approved the rezoning of these parcels, with proffers, on October 8, 2003 (REZ #08-03). Section 165-134 of the Frederick County Zoning Ordinance gives the Director of Planning and Development the ability to waive the requirement for a master development plan under certain conditions. The proposed subdivision satisfies these conditions. Therefore, your request for a waiver to the County's Master Development Plan process is appropriate in this situation. Please be advised that the waiver of a Master Development Plan does not eliminate any applicable development and design requirements of the Frederick County Subdivision and Zoning Ordinances. It should also be noted that the subdivision plats for this project will require review before the Board of Supervisors during a public meeting. Please contact me if you have any questions regarding this letter. I i,ence, Si AICP Planning Director JFC/ERL d cc: atrick T. Davenport, Zoning & Subdivision Administrator NOV 015 N 107 North Kent Street • Winchester, Virginia 22601-5000 FILE COPY of FREDERICK Department of inning and Development 540/665-5651 FAX: 540/665-6395 December 23, 2003 Greenway Engineering Attn: Mr. Kurt Pennington 151 Windy Hill Lane Winchester, VA 22602 RE: Solid Foods: Subdivision Design Plan Dear Mr. Pennington: The Subdivision Design Plan for Solid Woods, received by our office on December 22, 2003, is approvable. Please provide us with a minimum of two full sets of plans, signed by the owner and engineer, for approval and distribution. In addition to the two full sets of plans, in, any additional cover sheets as needed. I am returning the copies of the plan that you re -submitted because they have not been signed by the owners. Sincerely, Candice E. Mills Planner I CEM/PTD/kac Enclosure 107 North gent Street • Winchester, Virginia 22601-5000 GREENWAY 151 Windy Hill Lane Winchester, Virginia 22602 Founded in 1971 December 22, 2003 Frederick County Department of Planning and Development 107 North Kent Street Winchester, VA 22601 Attn: Patrick Davenport Re: Solid Woods Record Plat/BRL Comments Dear Mr. Davenport: We are in receipt of your letter dated December 18, 2003 rejecting the review of the Solid Woods plats and in attempting to discuss this with yourself and Mr. Eric Lawrence in order to have our plats accepted with the BRL's shown as required by the Zoning Ordinance, your Department has ruled you will not accept these plats for inclusion on the January 7, 2004 Planning Commission Agenda until Greenway Engineering makes the BRL's match the easement lines. As you are aware from our many discussions, I am adamantly opposed to mixing required BRL's and easement lines due to the widely differing restrictions imposed by the multiple utility companies. However, we have changed these plats as requested by your office in order that our client will not suffer delays in obtaining approval of his subdivision. These changes of the BRL's locations are in the utmost protest of the Zoning office's decision for the following reasons: • BRL's are restrictions established by property lines, not easement lines. • Many utility companies allow encroachments into their easements. Your decision has restricted this flexibility. • In many cases, easements such as Verizon, Adelphia Cable, Shenandoah Gas, and signage easements are not shown on record plats, therefore, there will be inconsistency if you move forward with this decision. • Easement lines are based on an agreement between the landowner and the easement holder. Such easements can be vacated, relocated or otherwise extinguished by agreement of the parties. These actions have historically required no review or approval by the Zoning Administrator. • Currently, there are structures built within utility companies' easements, how will these structures be effected and will there be a grandfathering provision? • How will our Industrial and Business Parks be affected? • The Zoning Ordinance of Frederick County does not regulate nor require any review or approval of private easement agreements. • Encroachment by a building upon a utility easement does not constitute a Zoning violation. It is merely an encroachment on the rights of the easement holder. • Will the County Zoning Department require individual utility companies to submit revised record plats if they desire any encroachment into their easement? If so, this will add additional review, time, and approval by the County Zoning Administrator. • When utility easements are shifted during construction how will the BRL be revised by Board of Zoning Appeals or by re-recording and signoff by the Zoning Administrator? • Input from the professional community has not been obtained by your office. • To our knowledge, input from the County Attorney's office has not been received. Engineers Surveyors File #3719/MDS/dlm Telephone 540-662-4185 FAX 540-722-9528 www.greenwayeng.com Discussion or review by any County committees has not occurred to my knowledge Written policy and an implementation period was not a given. Input from the affected associations, such as the Industrial Parks Association, Top of Virginia Builders, Virginia Association of Surveyors, and Utility Companies has not been obtained by your office. I submit this letter to you with the utmost respect for your office and you personally. I fully understand the difficulty and pressures that you must deal with in informing the general public and the wide range of professional and non-professional people. This is the first time in my professional career I have written a letter in protest of a decision made by a County Agency. I am doing this because I feel so strongly that BRL's are established by property lines and should not be moved to easement lines that are regulated by multiple utility companies of which the County does not have the ability to keep up and review their requirements and restrictions of encroachments and setbacks. I will make every effort to forward as much information on this subject to you in hopes that the Zoning Department will reverse its decision on moving BRL's. Thank you for your patience and understanding in this matter. Sincerely, Gree w E eering Mark D. Smith, PE, LS President Enclosure Cc: Eric Lawrence, Director — Frederick County Planning John Riley, Administrator — Frederick County Bruce Boyle — Solid Woods Nancy Tilson Sinback, Vice President — Top of Virginia Building Association Richard Bell, President — Industrial Parks Association Mike Artz, LS, President — VAS Mike Bryan — Bryan and Coleman Ben Butler — Kuykendall, Johnston, McKee, and Butler Scott Marsh, IS — Marsh and Legge Richard Edens, IS - Greenway Engineering File #3719/MDS/dlm %47 Founded in 1971 GREENWAY 151 Windy Hill Lane Winchester, Virginia 22602 December 22, 2003 County of Frederick Department of Planning and Development 107 North Kent Street Winchester, VA 22601 Attn: Candice Mills, Planner I Re: Solid Woods Subdivision Design Plan Comments Dear Ms. Mills: We are in receipt of the comments dated December 16, 2003 and offer the following responses: Comments from Frederick County Department of Planning Comment 1: The vicinity map must illustrate roads, properties and subdivisions within 1,000 feet of the ro'ect. Response: Vicinity map has been revised to illustrate roads, properties and subdivisions within 1000 feet of this project. Comment 2: Specify that the street tree landscaping option has been chosen andprovide a detailed description of this option (written) along with the applicable ordinance section. Response: A Landscape and Buffer information section has been added to the cover sheet (Project Information section), sheet 1 of 7 and refers to sheet 5. Street Tree requirements along with the reference to section 165-36-A-(1) of the Frederick County Zoning Ordinance have been added to sheet 5 of 7. Comment 3: Provide a landscaping detail for the road efficiency buffer. Response: Details of Road Efficiency Buffer landscaping are shown on sheet 5 of 7. Comment 4: Include the statement regarding what is allowed in the active portion of the road efficiency buffer per section 165-37E (2) of the Frederick County Zoning Ordinance. In addition, merge the building restriction lines with the road efficiency buffer lines. The building restriction lines apply to the primary structure on the property and primary structures are not permitted in any portion of the road efficiency buffer; therefore, the lines must be merged. Response: A note regarding allowable use of the active portion of the road efficiency buffer has been added to sheet 2 of 7. Building restriction lines have been merged with road efficiency buffer lines. Engineers Surveyors File #3719/KP/dlm Telephone 540-662-4185 FAX 540-722-9528 www.greenwayeng.com Comment 5: Merge the building restriction lines with the easement lines. If in the future the drainage easements are vacated, the building restriction lines can be relocated according to the applicable ordinance requirement. However until it is necessary to relocate the drainage easements from their present location, the building restrictions must be merged with the easement lines. Response: Building restriction lines have been merged with easement lines as per required changes made to record plat. Please contact us at your convenience if you have any questions or to schedule a meeting if any of the comments need further discussion. Thank you for your time in this matter. Sincerely, Greenway Engineering Kurt Pennington File #3719/KP/dlm a ` away COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 December 18, 2003 Greenway Engineering Attention: Mr. Mark Smith 151 Windy Hill Lane Winchester, VA 22602 RE: Solid Woods Subdivision: Final Plats Dear Mark: I received the final plats for the subject subdivision; however, all of the review comments have not been satisfied on the subdivision design plan (SDP) and the final plats. Specifically, the building restriction lines have not been merged with the easement lines as was requested in several prior review comments. The SDP must be approved and the final plats must be approvable prior to being scheduled for a Planning Commission meeting. An appropriate construction guarantee must be in place prior to obtaining approval of the final plats. Due to the remaining review comments on the SDP and the final plats, the Solid Woods subdivision application will not be scheduled for the January 7`f', 2004, Planning Commission meeting. Therefore, I am returning the plats to you for the necessary revisions. If you have any questions, please feel free to call. Sincerely, 44 >9 Patrick T. Davenport, C.Z.A. Zoning and Subdivision Administrator Attachments 107 North Kent Street • Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 December 16, 2003 Greenway Engineering Attention: Mr. Kurt Pennington 151 Windy Hill Lane Winchester, VA 22602 RE: Solid Woods Subdivision: Subdivision Design Plan Review Dear Mr. Pennington: I have had the opportunity to review the revised Subdivision Design Plan (SDP) for Solid Woods, received by our office December 11, 2003. Please address the following comments: 1. The vicinity map must illustrate roads, properties and subdivisions within 1,000 feet of the project. 2. Specify that the street tree landscaping option has been chosen and provide a detailed description of this option (written) along with the applicable ordinance section. 3. Provide a landscaping detail for the road efficiency buffer. 4. Include the statement regarding what is allowed in the active portion of the road efficiency buffer per section 165-37E(2) of the Frederick County Zoning Ordinance. In addition, merge the building restriction lines with the road efficiency buffer lines. The building restriction lines apply to the primary structure on the property and primary structures are not permitted in any portion of the road efficiency buffer; therefore, the lines must be merged. 5. Merge the building restriction lines with the easement lines. If in the future the drainage easements are vacated, the building restriction lines can be relocated according to the applicable ordinance requirement. However until it is necessary to relocate the drainage easements from their present location, the building restrictions must be merged with the easement lines. Please address the above comments and resubmit. I have enclosed a marked copy of the plans to assist with the revisions. If you have any questions, please feel free to call. Sincerely, Candice E. Mills, Planner I CEM/bad Attachment 107 North Kent Street • Winchester, Virginia 22601-5000 %47 Founded in 1971 ft% GREENWAY 151 Windy Hill Lane Winchester, Virginia 22602 December 11, 2003 Frederick County Department of Planning and Development 107 North Kent Street Winchester, VA 22601 Attn: Candice Mills, Planner I Re: Solid Woods Subdivision Comments Dear Ms. Mills: We are in receipt of the comments dated November 13, 2003 and offer the following responses: Comments from Frederick County Department of Planning and Development Comment 1: The vicinity map must be at a scale of 1:2000 and illustrate roads, properties and subdivisions within 1,000 feet of the project. A Response: Vicinity map has been revised. ✓ Comment 2: Provide legal references for all existing easements as indicated. Response: Provided reference for adjacent sanitary sewer easement along the north. Existing waterline along Dell Court is within the right-of-way so there is no recorded easement. l' Comment 3: Merge setback lines with easement lines and buffers. �( Response: The merging of setback lines with easement lines cannot and should not be done. A setback line is a Zoning restriction where an easement line is a deeded restriction. Not all easements restrict building and/or accessory use. An easement may be vacated at some latter date and is therefore not a permanent restriction. Once a BRL line is established, there would have to be some kind of special exception or variance for removal or use of that area in the event that the easement were vacated. The merging of the BRL and buffers (i.e. Road Efficiency Buffers) should not be done because the Ordinance clearly allows for accessory structure use of the active portion of the buffer. (See Section 165-37 E (2)). Comment 4: Label the active and inactive portions of the road efficiency buffer. Response: Road efficiency buffer has been labeled as requested. ✓Comment 5: Provide the right-of-way width for Senseny Road and Senseny Glen Drive. Response: Right-of-way width has been added. File #3719/KP/dlm Engineers Surveyors Telephone 540-662-4185 FAX 540-722-9528 www.greenwayeng.com Comment 6: Provide the adjoiner information for the Open Space for Senseny Glen. Response: Ad joiner information has been added. �( Comment 7. Label the future storm water management pond on Lot 3. Response: Area has been labeled as stormwater management and drainage easement. ✓ Comment 8: A curve table has not been provided for the front measurements of the lots. Response: Dimensions have been added to the front of the lots. Actual curve table information can be found on the subdivision plat for recordation. �( Comment 9: Provide the landscaping alternative per §165-36. If the street tree alternative has been chosen, you need to specify this as well as provide a detailed description of this option. Response: Street tree planting have been added to Sheet 5 of 7. w Comment 10: List the proffered conditions for this subdivision associated with rezoning #08-03. Response: List of proffered conditions has been added to Sheet 2 o 7. Please contact us at your convenience if you have any questions or to schedule a meeting if any of the comments need further discussion. Thank you for your time in this matter. Sincerely, Greenway Engineering Kurt Pennington File #3719/KP/dlm 2 W luo COPY COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 November 13, 2003 Greenway Engineering Attention: Mr. Kurt Pennington 151 Windy Hill Lane Winchester, VA 22602 RE: Solid Woods Subdivision: Subdivision Design Plan Review Dear Mr. Pennington: I have had the opportunity to review the Subdivision Design Plan (SDP) for Solid Woods, received by our office November 3, 2003 . Please address the following comments: 'C 1. The vicinity map must be at a scale of 1:2000 and illustrate roads, properties and subdivisions within 1,000 feet of the project. ✓ 2. Provide legal references for all existing easements as indicated. 3. Merge setback lines with easement lines and buffers. ✓ 4. Label the active and inactive portions of the road efficiency buffer. ✓ 5. Provide the right-of-way width for Senseny Road and Senseny Glen Drive. ✓ 6. Provide the adjoiner information for the Open Space for Senseny Glen. )(7. Label the future storm water management pond on Lot 3. ✓ % 8. A curve table has not been provided for the front measurements of the lots. ?X 9. Provide the landscaping alternative per § 165-36. If the street tree alternative has been chosen, you need to specify this as well as provide a detailed description of this option. V 10. List the proffered conditions for this subdivision associated with rezoning #08-03. Please address the above comments and resubmit. I have enclosed a marked copy of the plans to assist with the revisions. If you have any questions, please feel free to call. Sincerely, �d2V Candice E. Mills, Planner I CEM/bad Enclosure 107 North Kent Street • Winchester, Virginia 22601-5000 GREENWAY I51 Windv I {ill Lan" 4Vi,; hestc,: Virginia -11602 I olln'lof in i 91 1 October 24, 2003 Frederick County Department of Planning and Development 107 North Kent Street Winchester, VA 22601 Attn: Eric Lawrence Re: SWEJ, Inc. — Master Development Plan Request Dear Eric: The purpose of this letter is to request consideration of a waiver of the Master Development Plan (MDP) for the five -lot traditional detached single-family subdivision proposed for SWEJ, Inc. As you know, the Frederick County Board of Supervisors approved conditional Rezoning Application #08-03 for parcels 65-((A))-47 and 65-((A))- 48 on October 8, 2003. This conditional rezoning provides for a Generalized Development Plan (GDP) to demonstrate the proposed land uses for these parcels. The proposed five -lot subdivision conforms to the requirements of 165-134 Waivers of the Frederick County Zoning Ordinance; therefore, we respectfully request your approval of this waiver. Thank you for your time and consideration in this matter. Please contact me with any concerns or need for additional information. Sincerely, Evan Wyatt, AICP Greenway Engineering Cc: Bruce Boyle, SWEJ, Inc. ✓Kurt Pennington f 6nginecrs Surveyor,, 1'elephoneil:?-6G -}lh5 1 A X 5 4 t ;'2 2 File #3719/EAW COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC MEETING January 14, 2004 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: SUBDIVISION REQUEST #16-03 OF SOLID WOODS On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public meeting being held on Wednesday, January 28, 2004 at 7:15 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia. This meeting is to consider Subdivision Request #16-03 of Solid Woods, submitted by Greenway Engineering, for five single-family detached traditional lots. The property is located north of Senseny Road (Route 657, east of Senseny Glen Drive, at the end of Dell Court, and is identified with Property Identification Numbers 65-A-47 and 65-A-48, in the Red Bud Magisterial District. Any interested parties may attend this meeting. Please note that this application is scheduled as a public meeting. As such, anyone wishing to speak concerning this application must do so during the citizen comment portion of the agenda, which occurs at the start of each Board of Supervisors meeting. A copy of the application will be available for review at the Handley Library and the Bowman Library approximately one week before of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Sincerely, Patrick T. Davenport, C.Z.A. Zoning Administrator PTD/bad 107 North Kent Street • Winchester, Virginia 22601-5000 This is to certify that pie attached correspondence was ...ailed to the following on IaLOV from the Department of Planning and Development, Frederick County, Virginia: 65F - 2- 2- 113- 65F - 3- 3- 122- WALKER -BEARD, PAULA S BOYLE, BRUCE A & LEE ANNE & BEARD, EARL V 208 CANYON RD 102 DELL CT WINCHESTER, VA 22602.7035 WINCHESTER, VA 22602-7023 65F - 2- 2- 112- 65F - 3- 3- 121- WINES, JUANITA A TINSMAN, LANNY S & LINDA M & HAINES, RICHARD A 210 CANYON RD 103 DELL CT WINCHESTER, VA 22602.7023 WINCHESTER, VA 22602-7035 650 - 4- 5. 63. 65F . 1. 1. 118- EASTER, RALEIGH D & MARTHA L MONGOLD, AARON C & DEBORAH K 205 GLENRIDGE OR 110 SENSENY GLEN OR WINCHESTER, VA 22602-7006 WINCHESTER, VA 22602-7017 65D - 4.5. 64. 65F • 2- 2- 116- NESSELROOT, DONALD E FINISECY, LAWRENCE W & JOYCE L 110 BEDFORD DR 202 CANYON RD WINCHESTER, VA 22602-6754 WINCHESTER, VA 22602.7023 65 - A. - 46. 65F - 2. 2- 115. SENSENY ROAD RENTALS, LLC JENKINS, LYLE R & CLARA E 2400 VALLEY AVE STE 8 657 BOWLING GREEN RD WINCHESTER, VA 22601.2765 FRONT ROYAL, VA 22630.7411 65F - 2- 2- 114- BUTLER, RHETT W & KATHLEEN M 206 CANYON RD b,, 0" WINCHESTER, VA 22602-7023 Patrick T. Davenport, CZA Zoning and Subdivision Administrator Frederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICK I, , a Notary Public in and for the State and County aforesaid, do hereby ce that Patrick T. Da nport, Zoning and Subdivision Administrator fo the Department of Planning and Development, whose name is signed to the foregoing, dated -0 , has personally appeared before me and acknowledged thhsame in my State and &unaforesaid. Given under my hand this lq-,t-X— day of My commission expires on Iq .. / ' I /� 65D - 4- 5- 65-A GLENMONT VILLAGE ASSOCIATION PO BOX 3266 WINCHESTER, VA 22604.2466 65 - A. - 47. if e SWEJ, LLC 102 DELL CT WINCHESTER, VA 22602 0u)/0L.C-- Mr. Mark D. Smith, P.E., L.S. Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 f .r COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC MEETING December 23, 2003 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: SUBDIVISION REQUEST #16-03 OF SOLID WOODS On behalf of the Frederick County Planning Commission, you are hereby notified of a public meeting being held on Wednesday, January 7, 2004 at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia. This meeting is to consider Subdivision Request #16-03 of Solid Woods, submitted by Greenway Engineering, for five single-family detached traditional lots. The property is located north of Senseny Road (Route 657, east of Senseny Glen Drive, at the end of Dell Court, and is identified with Property Identification Numbers 65-A-47 and 65-A-48, in the Red Bud Magisterial District. Any interested parties may attend this meeting. A copy of the application will be available for review at the Handley Library and the Bowman Library approximately one week before of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Sincerely, ��D�lw4 Patrick T. Davenport, C.Z.A. Zoning Administrator PTD/bad 107 North Kent Street • Winchester, Virginia 22601-5000 This is t certify that the attached correspondence was mailed to the following on %� 0� from the Department of Planning and Development, Frederick County, Virgini 65F - 2- 2. 113- 65F - 3- 3.122- WALKER -BEARD, PAULA S BOYLE, BRUCE A & LEE ANNE & BEARD, EARL V 102 DELL CT 208 CANYON RD WINCHESTER, VA 22602-7035 WINCHESTER, VA 22602.7023 65F - 3- 3. 121- 65F - 2- 2- 112- TINSMAN, LANNY S & LINDA M WINES, JUANITA A & HAINES, RICHARD A 103 DELL CT 210 CANYON RD WINCHESTER, VA 22602.7035 WINCHESTER, VA 22602.7023 65F - 1.1. 118- 65D - 4- 5- 63- MONGOLD, AARON C & DEBORAH K EASTER, RALEIGH D & MARTHA L 110 SENSENY GLEN DR 205 GLENRIDGE DR WINCHESTER, VA 22602-7017 WINCHESTER, VA 22602-7006 65F - 2- 2. 116- 650 - 4- 5- 64- FINISECY, LAWRENCE W & JOYCE L NESSELRODT, DONALD E 202 CANYON RD 110 BEDFORD DR WINCHESTER, VA 22602.7023 WINCHESTER, VA 22602.6754 65F - 2- 2- 115- 65 - A- - 46- JENKINS, LYLE R & CLARA E SENSENY ROAD RENTALS, LLC 657 BOWLING GREEN RD 2400 VALLEY AVE STE 8 FRONT ROYAL, VA 22630.7411 WINCHESTER, VA 22601.2765 65F - 2- 2- 114- BUTLER, RHETT W & KATHLEEN M pj;� 206 CANYON RD Patrick T. Davenport, CZA WINCHESTER, VA 22602 7023 Zoning and Subdivision Administrator Frederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICK I, &w�, a Notary Public in and for the State and County aforesaid, do hereby ce that Patrick T. enport, Zoning and Subdivision Administrator f r the epartment of Planning and Development, whose name is signed to the foregoing, dated a_� 4Z , has personally appeared before me and acknowledged th"ame in my State and County aforesaid. Given under my hand this day of My commission expires on 6 Uf�� 65D - 4- 5- 65-A GLENMONT VILLAGE A. 'IATION PO BOX 3266 WINCHESTER, VA 22604-2466 65 - A. - 47- Z19' SWEJ, LLC 102 DELL CT WINCHESTER, VA 22602 ,/) W A)f—tl- Mr. Mark D. Smith, P.E., L.S. Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 jjd(� SC! 1/dS/'fir Barbara - Data Processing 6 673 _ _.OM: - Planning Dept. 46E Please p nt sets of labels '� � 2C � .►' 441 Adjoining Property Owners Name Address Parcel ID # Use Zoning f Bruce & Lee Anne Boyle 102 Dell Ct, Winchester 65F-3-3-122Residential - INI RP d Lanny & Linda Tinsman 103 Dell Ct, Winchester 65F-3-3-121Residential RP -� Aaron & Deborah Mongold 110 Senseny Glen Dr, Winchester -- 65F-1-1-118Residential RP Lawrence & Joyce Finisecy 202 Canyon Rd, Winchester --65F-2-2-116 Residential RPs% — Lyle & Clara Jenkins 657 Bowling Green Rd Front Roya1,65F-2-2-115 Residential RPM ✓ -- Rhett & Kathleen Butler 206 Canyon Rd, Winchester — 65F-2-2-114 Residential '-65F-2-2-113 RP Paula Walker -Beard 208 Canyon Rd, Winchester Residential RP +` — Juanita Wines 210 Canyon Rd, Winchester "65F-2-2-112 Residential RPM Richard Haines Raleigh & Martha Easter 205 Glenridge Dr, Winchester " 65D4-5-63 Residential RP Donald Nesselrodt 116 Bedford Dr, Winchester -- 65D-4-5-64 Residential RP _ Senseny Road Rentals 2400 Valley Ave #8, Winchester-a-65-A-46 Residential RA !� 64)i "a-H vt (tdab P.0.60x (gyp-y-5 -l05a <K , KP TZ cc �� 5u,(S. FR v P OWNe, Wn Lie ,fiew C . �21;("z File #3719/EAW/dlm Sol; Woods CHECKLIST FOR SUBDIVISION FINAL PLATS ✓ A. The title of the subdivision ("Final Plat for........") X AA. Notarized owner's certification IAW 15.1-477 COV. ✓ B. The page number and total pages on each page. C. Vicinity Map (Scale_) ?;n ) showing roads, properties and subdivisions within 1,000 feet. ✓ D. A written and graphic scale. E. Day, month and year plan prepared and revised. ✓ F. North Arrow. ✓ G. Magisterial District in which the subdivision is located. Y H. Zoning and use of land to be subdivided and adjoining land. I. Boundary survey of all lots, parcels and rights -of -way. x J. Names of owners of adjoining properties with deed book and page number references. ✓ K. Area of each lot, total area of subdivision and area in / lots. 1� L. Location and area of each parcel of open space and total area of open space. M. Location, names and ROW widths of existing and planned roads, streets and shared private driveways adjacent to and on the property. N. Existing and proposed utilities, utility easements and other easements with dimensions. -,DOA- O. Existing and proposed drainage easements with dimensions and locations. P. Location of flood plain limits. Q. Location of land to be dedicated or reserved for public use. R. Location of required setback lines on each lot. Wtk S. Location of proposed recreational areas. Page 2 Subdivision Plat Checklist T. Location of proposed buffers. ✓ U. Location and description of monuments and markers. X V. Certified by registered engineer or surveyor. _ Y W. Notarized signature of the owner. ✓ X. Signature lines as required. Y. Statement listing all requirements and conditions placed on the land resulting from conditional zoning. Z. Indication of the portion of the allowable density from the parent tract which is to be allocated to each parcel resulting from the subdivision. 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 " `>611(i wwds it 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 th(Wsand (1:2000)] showing all rotes, properXies and subdivisions within one thousand (1000) feet of the subdivision. PYopc`ri;U noa- snow", SCak wr°R9 ✓ 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. V/ 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. `ItrrS 6n CW-dl-SZ�r_ — oi,,e Gvtf v-e-- 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.-$s,�vL%eN V/ 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 ✓ location and area of each parcel of common open space and the total area of common open space. location, names, right-of-way widths and classifications of existing and planned roads, streets and shared private driveways adjacent to and on the property. existing or proposed utilities, sewwr and watdt"' 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. N f� locations, dimensions and cross sections of existing and proposed sidewalks and walkways. ^�i a 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. (S►tiu.t S o.0 :)� proposed landscaping with location and types of plants. certification by an engineer, surveyor or other qualified professional of the accuracy of the plat. s 11 signature of the owner or principals certifying ownership of the property. x 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. f signature line for the Subdivision Administrator. 12 OWNER'S CERTIFICATE THE ABOVE AND FOREGOING SUBDIVISION OF A PORTION OF THE LAND OF SWEJ, LLC, AS APPEARS ON THE ACCOMPANYING PLATS, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS AND TRUSTEES, IF ANY. 469W a j&�. 9^ s6t,-J4�1; ZLc- TM 65F-((1))-(1) SENSENY GLEN \SECTION I LOT 118 DELL 0 LOT 122 O OPEN SPACE o� qF �o 20' SANITARY SEWER EASEMENT '/ GLEN - SECTION ll / LOT 115 LOT 114 LOT 113 LOT 112 S 66'21 '15" EL40F8.89' 0.00' (TOTAL) � L7 (BE ti I 4p� 25' BRL -, 2 4 c„ r 10' ACCESS LOT 2 N EASEMENT 28728 SF z HEREBY ESTABLISHED QRL -DRA/NAGEM i Q EASEMENT Z aim w�� a LOT 3 �y 41 37496 SF -9TF 3► J �' cam, 10, STORM DRAINAGE ESMT LOT 4 \� 29783 SF 185.32' N 66'21 '15" W 307.41 ' N 66'21'15" W 307.61' SENSENY ROAD (VA. ROUTE 657) 50' R/W NOTE.• SEE SHEET 3 FOR EASEMENT DETAILS SEE SHEET 4 FOR LINE DATA, CURVE DATA, AREA TABULATION AND NOTES FINAL SUBDIVISION PLAT 80' ROAD L%7 EFFICIENCY BUFFER LE- IRF = 112" IRON REBAR FOUND o = 112" IRON REBAR & CAP SET UNLESS OTHERWISE NOTED BRL = BUILDING RESTRICTION LINE PER ZONING ORDINANCE PT = POINT 80 0 80 GRAPHIC SCALE (IN FEET) SOLID WOODS RED BUD MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: 1" = 80, 1 DATE: OCT. 9, 2003 /t%N GREENWAY ENGINEERING 151 Windy Hill Lane \04 Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX.- (540) 722-9528 Founded in 1971 www.greenwayeng.c6m f MARK D. SMITH No.002009 3719 SHEET 2 OF 4 LOT 118 1 LOT 116 20' SANITARY j SEWER LOT 121 EASEMENT -� LOT 1 j 15455 SF f f0.6' DELL COURT LOT 122 OPEN SPACE LOT 115 I LOT 114 --T20.1 LOT 113 LOT 2 28728 SF o rISHADED AREA 0' /� Z DENOTES A 10' 20• I ACCESS EASEMENT HEREBY ESTABLISHED E4 j DOT -SHADED AREA DENOTES A VARIABLE WIDTH y% .31VITM DRAINAGE EASEMENT �S• 10 �qr�s LOT 3 STORM Fgs�.pli,1, DRAINAGE �F'1'rF 37496 SF 1 ESMT LOT 5 LOT 4 17025 SF 29783 SF 0 0 CO pyZ L80' ROAD EFFICIENCY SENSENY ROAD BUFFER (VA. ROUTE 657) 50' R/W EASEMENT LINE DATA 80 0 80 mmmmmi GRAPHIC SCALE (IN FEET) FINAL SUBDIVISION PLAT SOLID WOODS RED BUD MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: 1" = 80' 1 DATE: OCT. 9, 2003 GREENWAY ENGINEERING 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX (540) 722-9528 Founded in 1971 www.greenwayeng•com 00 can �I LINE BEARING DISTANCE El N 27'39 55 " E 134.748 " E2 S 79*32 58" E 178.468' E3 N 54'32'41 " E 42.990' E4 N 66' 19 J2" W 41.340' E5 N 1 D'27'02 " E 11.048' E6 N 79'32 58- W 170.554' LOT 112 vv -*1, MARK D. SMITH v No.002009 ,� ,0 f p4 �4a D supcis 3719 SHEET 3 OF 4 CURVE DATA CURVE I RADIUS ARC LENGTH DELTA ANGLE TANGENT CHORD BEARING CHORD LENGTH C 1 25.00' 22.39' 51' 19'04 " 12.01 ' S 88'02'55 " W 21.65' C2 55.00' 65.55' 68'1722" 37.30' S 83'2756" E 61.74' 0 55.00' 49. 11' 51'09'36" 26.33' S 23'4427" E 47.49' C4 55.00' 52.01 ' 54' 10'44 " 28.13' S 28'5543" W 50.09' C5 55.00' 49.45' 51'30 J5" 26.53' S 81'46 22" W 47.80' C6 55.00' 55.19' 572952" 30.17' N 43'4325" W 52.91' C7 25.00' 22.39' 51' 19 04 " 12.01 ' S 40'38 01 " E 21.65' C8 55.000' 271.311 ' 282'38'08" 44.035' S 23'42 27" W 68.750' LINE DATA LINE BEARING DISTANCE L 1 N 66'17'33" W 12.86' L2 S 66'17'330 E 12.80' L3 S 17'38'18" W 34.79' L4 N 665545" W 42.50' L5 N 6655'45" W 92.39' L6 N 23'38'45" E 40.000' L7 S 66'21'15" E 49.897' L8 N 23'38'45" E 50.000' PROFFERS A MONETARY CONTRIBUTION OF $10,089 PER BUILDING LOT SHALL BE PAID TO THE TREASURER OF FREDERICK COUNTY PRIOR TO THE ISSUANCE OF THE INITIAL BUILDING PERMIT FOR EACH BUILDING LOT. O 1. THE BOUNDARY INFORMATION SHOWN HEREON IS BASED ON A CURRENT FIELD SURVEY BY THIS FIRM. 2. NO TITLE REPORT FURNISHED. EASEMENTS MAY EXIST WHICH ARE NOT SHOWN. 3. THE PROPERTY SHOWN HEREON LIES WITHIN ZONE C, AREAS OF MINIMAL FLOODING PER -N.FLP. FLOOD INSURANCE RATE MAP No. 510063 0120 B, DATED ✓ULY 17, 1978. THE APPROXIMATE LIMITS OF SAID ZONE A ARE SHOWN HEREON AS DETERMINED BY GRAPHIC PLOTTING UPON SAID MAP. AREA TABULATION AREA IN LOTS = 2.9497 ACRES AREA IN STREET = 0.2448 ACRES OPEN SPACE = 0.8229 ACRES TOTAL AREA = 4.0174 ACRES FINAL SUBDIVISION PLAT SOLID WOODS RED BUD MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA _ SCALE: N/A I DATE: OCT. 9, 2003 /J�N GREENWAY ENGINEERING 151 Windy Hill Lane %47 Engineers Winchester, Virginia 22602 Surveyors Telephone. (540) 662-4185 FAX (540) 722-9528 Founded in 1971 www.greenwayeng.com .v v VU17 MARK D. SMITH No.002009 111: D suR.v 3719 SHEET 4 OF 4 LAW OFFICES OVES & MCCARTHY Q S. CAMERON ST. WINCHESTER, VA \r THIS DEED OF Q.E:� ON, m and dated this day of January, 2004, by and bet a SWEJ, LLC, a inia limited liability company, party of the first part, herei after cal -# Declarant; and Frederick County, Virginia, party of the second part. WHEREAS, the Declarant Is the owner in fee simple of the real estate shown on that certain final plat drawn by Mark D. Smith dated October 9, 2003, entitled "Solid Woods ", which final plats are attached hereto and incorporated herein by reference as if set out in full. This is the same property conveyed to the Declarant by that certain deed dated March 5, 2003 from JASBO, Inc., a Virginia corporation, and Fred L. Glaize, III, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, as instrument No. 030005619. WHEREAS, said real estate, as shown on the aforesaid attached final plats, has been subdivided into lots for the construction of single-family homes thereon, and the hereinabove-referenced final plats show accurately the metes and bounds of the subdivided land, together with the dimensions of each lot thereof and also shows certain surrounding lands in said subdivision to be used as open space, road efficiency buffers, sanitary sewer and waterline easements, storm drainage easements, and access easements, all of which shall constitute a portion of that development known as Solid Woods and which common areas shall be owned and/or maintained by the Solid Woods Homeowners Association upon the terms and conditions set forth hereinafter; and WHEREAS, the Declarant now desires to subdivide the same into lots to be known as Solid Woods, the subdivision of said real estate is with the free consent and in accordance with the desires of the undersigned Declarant, which further desires to subdivide the aforesaid real estate in accordance with the provisions of "The Virginia Land Subdivision Act" as are applicable and in force and effect as of the date of execution of this Deed of Dedication. NOW, THEREFORE, THIS DEED OF DEDICATION, WITNESSETH: That for and in consideration of the premises and the benefits which will accrue by reason of this Dedication, the Declarant does hereby subdivide all of that certain tract or parcel of land designated as Solid Woods, lying and being situate in Red Bud Magisterial District, in the County of Frederick, Virginia and being more particularly described by that certain Final Plat of Solid Woods, drawn by Mark D. Smith, dated October 9, 2003, containing lots 1 through 5, inclusive, attached hereto and incorporated herein by reference as If set out in full. All of the lots shown on the plat attached hereto shall be subject to the 1 LAW OFFICES LOVES & MCCARTHY 32 S. CAMERON ST. WINCHESTER, VA following restrictions, covenants and conditions, which shall constitute covenants real running with the land, and shall be binding upon all parties having any right, title and interest in and to the aforesaid lots or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. ARTICLE I DEFINITIONS Section 1. "Association" shall mean and refer to Solid Woods Homeowners Association. Inc., a nonstock Virginia Corporation, its successors and assigns. Section 2. "Common Area" shall mean and refer to that certain real property described as "open space" in Solid Woods, and such additions thereto as may hereafter be brought within the jurisdiction of the Company. Section 3. "Lot" shall mean and refer to any of the Lots (lots 1 through 5, inclusive, designated upon the final plats of Solid Woods), with the exception of the open space, defined as "Common Areas" hereinabove. Section 4. "Member" Shall mean and refer to every person or entity who holds membership in the Association. Section 5. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any lot which is a part of the Solid Woods as shown on the hereinabove-referenced final plats, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. Section 6. "Declarant" shall mean and refer to SWEJ, L.L.C., a Virginia Limited Liability Company, its successors and assigns. ARTICLE II MEMBERSHIP Every person or entity who is a record owner of a fee or undivided fee interest in any lot which is subject by covenants of record to assessments by the Association, Including contract sellers, shall be a member of the Association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. Only one membership shall be accorded per lot. Membership shall be appurtenant to and may not be separated from ownership of any lot which is subject to assessment by the association. Ownership of such lot shall be the sole qualification for membership. ARTICLE III VOTING RIGHTS Each Member of the association shall have one vote for each lot owned in which said Member shall hold the interest required for membership in Article II. When more than one person holds such interest in any lot, all such persons shall be Members. The vote for such lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast in respect to any lot 2 LAW OFFICES 'ROVES & MCCARTHY 132 S. CAMERON ST. WINCHESTER, VA BOARD OF DIRECTORS The affairs of the Association shall be managed by a board of not less than three (3), but no more than five (5) directors, who must be members of the association. The initial board of directors shall be appointed by the declarant herein and serve until the first annual meeting following conveyance of the first lot in Solid Woods to a grantee other than SWEJ, LLC; thereafter, the Board of Directors shall be elected by the Membership as determined in the Bylaws of the Association. TREASURER The board of directors shall decide whether or not the Treasurer of the association shall be bonded with surety; and if so, the expense of such a fidelity bond for the treasurer to be borne by the Association. ARTICLE IV PROPERTY RIGHTS IN COMMON PROPERTIES Section I. Common Area: The "Common Areas," are for the specific purpose of creating an aesthetic buffer between the lots of Solid Woods and the surrounding properties and roads. Every member has a right to the enjoy the benefit that buffer created by the common area, and such right of enjoyment shall pass with the title to every assessed lot subject to the following provisions: (a) The rights of the association, in accordance with its Articles and bylaws, to borrow money for the purpose of improving the aforesaid "Common Areas". The association is further empowered, with the consent of at least two-thirds (2/3) of the members, to mortgage the area in said Subdivision designated as "Common Areas" to secure any such borrowed funds, but such mortgage shall be subordinate to the rights of the Homeowners hereunder. In computing the required vote of the members in connection with any such mortgage of the "Common Areas", the lots owned shall be given notice of any such proposed mortgage of said "Common Areas" as set forth in Paragraph (c), infra. (b) The rights of the Association to suspend the voting rights of a member for any period during which any assessment against his lot remains unpaid; and for a period not to exceed thirty (30) days for any Infraction of its published rules and regulations. (c) The rights of the Association to dedicate or transfer all or part of the "Common Areas" to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective unless an instrument signed by Members entitled to cast two-thirds (2/3) of the votes has been recorded agreeing to such 3 LAw OFFICES 3ROVES R MCCARTHY 132 S. CAMERON ST. WINCHESTER, VA dedication or transfer, and unless written notice of the proposed action is sent to every ,Member not less than thirty (30) days nor more than sixty (60) days in advance. Section 2. Delegation of Use: Any Member may delegate, in accordance with the Bylaws, his right of enjoyment to the "Common Areas" to the members of his family, his tenants, or contract purchasers who reside on the property. Section 3. Title to the "Common Areas": The Declarant, or such other entity as is invested with title at the time of conveyance, hereby covenants that fee simple title to the common open space (referred to hereinabove as "Common Areas") will be conveyed to the Association free and clear of all liens and encumbrances prior to the conveyance of the first lot in Solid Woods Subdivision to a grantee other than SWEJ, LLC.. ARTICLE V COVENANTS FOR MAINTENANCE ASSESSMENT FOR THE ASSOCIATION Section I. Assessments: The Declarant, for each lot owned, hereby covenants, and each owner of any lot by acceptance of a deed therefore, whether or not it shall be so expressed in any such deed or other conveyance, is deemed to covenant and agrees to pay the association (1) annual assessments or charges, and (2) special assessments for capital improvements, such assessments to be fixed, established and collected for time to time as hereinafter provided. The annual assessments and special assessments, together with such interest thereon and costs of collection thereof, as hereinafter provided, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with such interest, costs and reasonable attorney's fee, shall also be the personal obligation of the person who was the Owner of such property at the time of the assessment fee was due. The personal obligation shall not pass to his successors in title unless expressly assumed by them, but shall continue as a lien upon said tot as set forth hereinabove. Section 2. Purpose of Assessments: The assessments levied by the Association shall be used exclusively for the following purposes, to -wit improvements and maintenance of the "Common Areas", specifically including, but not limited to, payment of real estate taxes, repairs, maintenance and repair of any drainage and detention facilities, maintenance and repair of utility and drainage easements, maintenance, and services and facilities devoted to the aforesaid purposes and expenses related to the use of and enjoyment of the "Common Areas"; and further, for the purpose of promoting the welfare of the residents in the "Common Areas" of Solid Woods. 4 LAW OFFICES "ROVES & MCCARTHY 132 S. CAMERON ST. WINCHESTER, VA Section 3. Basis and Maximum Annual Assessments: Until January I of the year immediately following the conveyance of the first lot to an owner the maximum annual assessment shall be $200.00 per lot for all lots 1-5, inclusive. (a) From and after January I of the year immediately following the conveyance of the first lot to an owner, the maximum annual assessment per lot may be increased above that set forth hereinabove by a vote of the members for the next succeeding year and at the end of each year's period, for each succeeding period of one year, provided that any such change shall have the assent of 51 % of the votes of members who are voting in person or by proxy, at a meeting duly called for this purpose, written notice of which shall be sent to all members not less than 30 days or more than 60 days in advance of the meeting, setting forth the purpose of the meeting. The limitations hereof shall not apply to any change in the maximum and basis of the assessments undertaken as an incident to a merger or consolidation in which the association is authorized to participate under its Articles of Incorporation. The maximum annual assessment hereunder shall be subject to the limitations set fourth in paragraph (c) infra. (b) After consideration of current maintenance costs and future needs of the association, the board of directors may fix the annual assessments at an amount not in excess of the maximum. Section 4. Special Assessments for Capital Improvements: In addition to the annual assessments authorized above, the association may levy in any assessment year a special assessment applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of a described capital improvement upon the "Common Areas", specifically Including but limited to maintenance, repair and improvement, provided that any such assessment shall have the assent of 2/3 of the votes of members who are voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all members not less than 30 days nor more than 60 days in advance of the meeting, setting forth the purposes of the meeting. Section 5. Quorum for any Action Authorized Under Sections 3 and 4. At the first meeting called, as provided in Sections 3 and 4 hereof, the presence at the meeting of members or of proxies entitled to cast 67% of all votes shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called, subject to the notice requirement set forth in Sections 3 and 4 and . the required quorum at any such subsequent meeting shall be 1/2 of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than 60 days following the preceding meeting, 5 LAW OFFICES ,ROVES & MCCARTHY 132 S. CAMERON ST. WINCHESTER, VA Section 6. Date of Commencement of Annual Assessments - Due Date: The annual assessments provided for herein shall commence as to all lots on the first day of the month following the conveyance of the first lot to a grantee other than SWEJ, LLC. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The board of directors shall fix the amount of the annual assessment against each lot at least 30 days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall, upon demand at any time, furnish a certificate in writing signed by an officer of the Association, setting forth whether the assessments on a specified lot have been paid. A reasonable charge may be made by the Board for the issuance of these certificates. Such certificates shall be conclusive evidence of payment of any assessment therein stated to have been paid. Section 7. Effect of Non -Payment of Assessments: Remedies of the Association: Any assessments which are not paid when due shall be delinquent If the assessments are not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of twelve percent (12%) per annum, and the Association may bring an action at law against the Owner personally obligated to pay the same, or file a Notice of Lien among the land records and foreclose said lien against property, and interest, costs and reasonable attorney's fees on any such action shall be added to the amount of such assessment No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the "Common Areas" or abandonment of his lot. Section 8. Subordination of the Lien to Mortgages: The lien of the assessments provided herein shall be subordinated to the lien of any mortgage or mortgages now or hereafter encumbering any lot Sale or transfer of any lot shall not affect the assessment lien. However, the sale of transfer of any lot which is subject to any mortgage, pursuant to a decree of foreclosure thereof, shall extinguish the lien of such assessments as to payments thereof which become due prior to such sale or transfer. No sale or transfers shall relieve such lot from liability for any assessments thereafter becoming due from the lien thereof. Section 9. Exempt Property: The following property subject to this Declaration shall be exempt from the assessments created herein; (a) Any property owned by the Association; (b) All properties dedicated to and accepted by a local public authority; (c) Any and all lots owned by Declarant, 0 LAW OFFICES 'ROVES & MCCARTHY 132 S. CAMERON ST. WINCHESTER, VA its successors or assigns for which a final Certificate of Occupancy has not been issued by the County of Frederick, Virginia or such other agency having jurisdiction thereof, and (d) All properties owned by a charitable or non-profit organization exempt from taxation by the laws of the State of Virginia. However, no residence occupied as a dwelling shall be exempt from these assessments. Section 10. Failure to Maintain "Common Areas": In the event that the Association, or its successors, shall fell to maintain- the "Common Areas" in reasonable order and condition, the County of Frederick may take such action as authorized by the County of Frederick Zoning Ordinance. The County of Frederick Zoning Ordinance and any and all amendments thereto is by this reference made a part hereof as if set out in full. Section 11. Dissolution of the Association: Upon dissolution of the association, other than incident to a merger or consolidation, the assets of the association shall be dedicated to an appropriate public agency to be used for purposes similar to those for which the association was created or for general welfare of the residents of Solid Woods. In the event that such dedication is refused acceptance, such assets shall be deemed vested in the members of the association as tenants in common. ARTICLE VI RESTRICTIVE COVENANTS The lots in Solid Woods (lots 1 through 5, inclusive) shall be subject to the following restrictions, which are constituted covenants real to run with the land. 1. All lots shall be used for single-family residential purposes only 2. No signs or advertising of any nature shall be erected or maintained on any lot except "For Sale" signs for said lot which signs shall not exceed five (5) square feet in area, or signs used by the Declarant to advertise the property during construction and sale 3. No mobile homes, buses, trailers of any type, tractors, trucks, or other motor vehicles (other than automobiles, motorcycles, pickup trucks, and 3/ ton vans shall be permitted on any lot except during the course of construction. No motor vehicle or material portion thereof which does not have a current license and current Virginia inspection sticker shall be permitted on any lot. 4. No animals of any kind (including livestock and poultry) shall be permitted on any lot, except that dogs, cats and other usual household pets may be kept, provided they are not kept, bred or maintained for commercial or charitable purposes or In unusual numbers: and further, provided 7 LAW OFFICES 3ROVES & MCCARTHY 132 S. CAMERON ST. WINCHESTER, VA that no dogs shall be permitted to run at large without restraint in said Subdivision. No dog may be tied and left unattended outdoors. 5. There shall be no fencing or hedges in the front of any house and fencing to the rear and sides of the house may not encroach to more than fifteen feet (15') from the front corners of each house. All fencing to the rear of any house shall be -attached to the house. No chain link fence shall be permitted. No fence shall be constructed until the Board of Directors of the Association shall have approved the same. 6. No noxious of offensive activities shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. 7. In the event that a dwelling is destroyed, the Owner of the dwelling within thirty (30) days from said destruction, shall clear away the portion of the dwelling unit and maintain the lot in a neat and orderly condition. No structure other than a single-family home of at least the same dimensions and architecture as the unit destroyed shall be constructed in the place of the original unit 8. Each owner shall keep all lots owned by him and all improvements therein or thereon in good order and repair and free of debris, including, but not limited to, the seeding, watering and mowing of all lawns, the pruning and cutting of all trees and shrubbery, and the painting (or other appropriate external care) of all buildings and other improvements, all in a manner and with such frequency as is consistent with good property management In the event an Owner of any lot in Solid Woods, shall fail to maintain the premises and the improvements situated thereon as provided herein, the Association, after notice to the Owner as provided in the Bylaws and approval by two thirds (2/3) vote of the Board of Directors, shall have the right to enter upon said lot to correct drainage and to repair, maintain and restore the lot and the exterior of the building erected thereon. All cost related to such correction, repair or restoration shall become a special assessment upon such lot 9. No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall be in sanitary containers. All incubators or other equipment for storage or disposal of such material shall be kept in a clean and sanitary condition in the rear. No refuse or any container for same shall be placed or stored in front of any home 10. No trees shall be planted nor other digging undertaken without first securing the approval of the local power company and without first being advised as 0 LAW OFFICES ]ROVES & MCCARTHY 132 S. CAMERON ST. WINCHESTER, VA to the location of all underground electrical and telephone wires. 11. No lot shall be further subdivided or separated into smaller lots by any Owner and no portion less than all of such lot nor any easement or other interest herein, shall be conveyed or transferred by an Owner, provided that this shall not prohibit deeds of correction, deeds to resolve boundary disputes and. similar corrective Instruments. 12 All of the covenants and restrictions herein shall be binding and remain in full force and effect for a period of fifteen (15) years from the date of this instrument and shall be renewed automatically for additionally successive ten (10) year periods unless the Owners of a majority of lots in Solid Woods Subdivision, shall, at least six (6) months prior to any such renewal date, execute and record an agreement amending said covenants and restrictions. 13. The invalidation of any one of the covenants or restrictions contained herein by judgment or court order shall in nowise affect any of the other provisions which shall remain in full force and effect. The failure of the lot Owners or the Declarant herein to enforce any covenants or restrictions shall not be deemed to be a waiver of the right to do so thereafter as to a default occurring prior or subsequent thereto. The Declarant reserves the right for itself and its successors in interest to waive any one or all of the restrictive covenants, conditions, reservations, and restrictions as into the sale or transfer of any future lot or lots except that it cannot change the provisions concerning open space easements without the permission of Frederick County and except that it cannot change the development from residential to commercial. This waiver shall not affect the binding effect of the covenants, restrictions and conditions upon any other lots. The Declarant does further reserve the right for itself and its successors in interest to impose additional restrictive covenants, conditions, reservation, and restrictions as to the sale and transfer of any future lot or lots and such imposition :shall not affect the binding effect of these provisions upon any other lots. ARTICLE VII EASEMENTS Section 1. Public Utility and Drainage Easements: The property dedicated hereby is subject to those certain easements or rights of way designated as Storm Drainage Easements, Waterline Easements, Variable Width Storm Drainage Easements, Sanitary Sewer Easements, Access Easements and all other applicable easements as shown on the aforesaid plat of Solid Woods. The Declarant does hereby grant and convey unto the County of Frederick, Virginia, or other agency having jurisdiction thereof, a perpetual right of way or 0 LAW OFFICES TROVES & MCCARTHV 132 S. CAMERON ST. WINCHESTER, VA easement for the maintenance of said utitlies. ARTICLE Vill GENERAL PROVISIONS Section 1. Enforcement: The Association, Its successors or assigns, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges, now or hereafter, imposed by the provisions of this Declaration. Failure by the Association, its successors or assigns, or by any Owner to enforce any covenant or restriction herein -contained shall in no event be deemed a waiver of the right to do so thereafter. All costs which the Association, its successors or assigns, or any Owner shall incur in the successful enforcement of the restrictions, conditions, covenants, reservations, liens, and charges, now or hereafter imposed, shall be borne by the party against which action is taken and which costs shall include reasonable attorneys fees, costs, and damages. Section 2. Amendment The covenants and restrictions of this Declaration shall run with the land and bind the land, and shall inure to the benefit of and be enforceable by the Association, or the Owner of any lot subject to this Declaration, their respective legal representatives, heirs, successors and assigns, for a term of fifteen (15) years from the date of this Declaration after which time, said covenants shall be automatically extended for successive periods of ten (10) years, as described under ARTICLE VI, Restriction No. 21, supra. The covenants and restrictions of this Declaration may be amended as set forth in said restriction. Any amendment must be properly recorded. Section 3. Dissolution: Upon dissolution of the Association, other than incident to a merger or consolidation, the assets of the Association shall be dedicated to an appropriate public agency to be used for purposes similar to those for which the Association was created. In the event such dedication is refused acceptance, such assets shall be granted, conveyed or assigned to any non-profit organization, for similar purposes. The Dedication and Subdivision of the land as shown on the attached plat is with the free consent and in accordance with the desire of the undersigned Declarant of the land being subdivided, and is in conformity with the provisions of "The Virginia Land Subdivision Act" as are applicable, together with the applicable ordinances and regulations of the governing body of the County of Frederick, Virginia, or other agency having jurisdiction thereof. The designated "Common Areas" are not dedicated hereby for use by the general public but are dedicated to the common enjoyment of the homeowners in Solid Woods Subdivision, as provided hereinabove. 10 4. WITNESS the following signature and seal on behalf of SWEJ, LLC: (SEAL) BRUCE A. BOYLE, anaging Member COMMONWEALTH OF VIRGINIA CITY OF WINCHESTER, to -wit: Acknowledged before me this ola day of January, 2004, by Bruce A. Boyle, Managing Member of SWEJ, LLC. My Commission expires: '� j t 9% , 2a Q 6 6 a. NOTARY PUBLIC LAW OFFICES GROVES & MCCARTHY 132 S. CAMERON ST. WINCHESTER, VA wvp�-�,Qo �P l Re C aRo THIS DEED OF GIFT ade5L11 this day of 2004, by and betw en SWEJirginia limited liability company, herein called th GrantWOODS HOMEOWNERS ASSOCIATION, INC., a Virginia nonstock corporation, herein called the Grantee. WITNESSETH: The Grantor hereby gives, grants and conveys, with General Warranty and English covenants of title unto the Grantee, in fee simple, all those certain parcels in Frederick County, Virginia, designated as "Open Space" on the plat of Solid Woods Subdivision recorded in the Clerk's Office of the Circuit Court of Frederick- County, Virginia, immediately prior hereto. Reference is hereby made to the aforesaid instruments and the references therein contained for more particular descriptions of the property hereby conveyed. This conveyance is made subject to all easements, rights of way, liens and restrictions of record affecting the subject property. As is set forth in the Deed of Dedication of said subdivision, the Grantee is required to maintain said areas and spaces herein conveyed, and is empowered to collect assessments, and has other duties and powers as set forth therein. WITNESS the following signature and seal: I`. t 0 M¢114�1 BRUCE A. BOYLE, anaging Member SWEJ, LLC STATE OF VIRGINIA CITY of WINCHESTER, to -wit: r Acknowledged before me this r day of A ti� , 2004, by Bruce A. Boyle, who is Managing Member of SWEJ, LLC, on behalf of the company. Notary Public LAW OFFICES GROVES & MCCARTHY My commission expires: 132 S. CAMERON ST. WINCHESTER, VA 11 v