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01-13 Shenandoah 1900 Units Opequon - Backfile (2)
Ray Smith's agreement t S.SS6,tw NOTES RECEIPT RATE `�" � — NO. RE E VED FR M FOR ' Y C+� �.• - - --- 11 ACCOUNT HOW PAID AMT. OF ACCOUNT CO CASH j-1 c S<� CHECK PAID gY BALANCE MONEY DUE ORDER 3c,2001 iwJNFCRM R 8L81$ MASTER DEVELOPMENT PLAN TRACKING SHEET (Note: The application does not need to be complete to be accepted, but will not be scheduled for the PC or BOS until all items have been received.) Submission Package Comment sheets from the following agencies along with any marked copies of the plan: y1, VDOT �! County Engineer V Fire Marshall City of Winchester V Sanitation Authority GIS Inspections Dept. ,/ Parks & Recreation J Health Dept. Winchester Regional Airport One copy of the master development plan application. Appropriate number of plans, colored maps, etc., to cover PC & BOS meetings Submission Fee (Q.0 3 Application received y a,9 0q . 50 {3 Fee Paid ($ Preliminary MDP heard by Planning Commission ACTION:�v�-- d II 'A o Preliminary MDP heard by Board of Supervisors 'I a- t 3 Letter to applicant regarding Board action (if required) FimatM-3P-submitted-with-review-agency,—PC & B'OS comments-adds-ess.ed l(3 Administratively approved; letter sent to applicant, copy to file and cc's Sys ID # \ .6 OPEN FILE: (P Qq 1 3 File opened 1 tQ oZ �3 Reference Manual updated/number assigned i D-base updated o2 '{ �3 List of adjoiners given to staff member for verification i Location maps requested from Mapping Application Action Summary updated CLOSE FILE: Approval (or denial) letter mailed to applicant, copy for file, cc's Public Works and Real Estate File stamped "approved", "denied" or "withdrawn" Reference Manual updated D-base updated Application Action Summary updated t COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/665-6395 August 27, 2013 Mr. Chris Mohn Bowman Consulting 101 South Street, S.E. Leesburg, Virginia 20175 RE: MASTER DEVELOPMENT PLAN #01-13 FOR SHENANDOAH Final Master Development Plan Approval Property Identification Numbers (PINS): 87-A-103, 87-A-103C, 87-A-102 Dear Chris: Frederick County administratively approved the above -referenced final Master Development Plan (MDP) on August 22, 2013. This MDP is approved for the potential development of 926.27 acres of land zoned R5 (Residential Recreational Community) District with a total of 2,130 residential dwelling units (includes the 253 existing platted lots). The land area west of Lake Frederick will consist of 517 age restricted dwelling units and will be served by private roads. The land area east of Lake Frederick will consist of 1,537 non -age restricted units and 76 age restricted units. The dwelling units located on the east side of Lake Frederick will include a mix of single family detached and attached and will be served by public roads (the age restricted portion will be served by private roads). All requirements of the Frederick County Zoning and Subdivision Ordinance have been addressed in the plan. Please note that approval of a subdivision design plan is required prior to the subdivision or development of this parcel. I am providing you with three (3) copies of the approved final master development plan. Please ensure that these plans are distributed accordingly. Feel free to contact me if you have any questions. Sincerely, Candice E. Perkins, AICP Senior Planner Attachments CEP/pd cc: Lansdowne Development Group, LLC, 2553 Dulles View Drive, Suite 400, Herndon, VA 20171 Robert Wells,Opequon District Supervisor Roger L. Thomas, and Brian Madagan Opequon District Planning Commissioners Jane Anderson, Real Estate Commissioner of Revenue 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 MASTER DEVELOPMENT PLAN #01-13 SHENANDOAH Staff Report for the Board of Supervisors Prepared: August 5, 2013 Staff Contact: Candice E. Perkins, AICP, Senior Planner Reviewed Planning Commission: 07/17/13 Board of Supervisors: 08/14/13 PROPOSAL: To develop 926.27 acres of land zoned R5 (Residential Recreational Community) District with a total of 2,130 (includes the 253 existing platted lots) residential dwelling units. The land area west of Lake Frederick will consist entirely of age restricted dwellings (total of 517 age restricted units) and will be served by private streets. The land area east of Lake Frederick will consist primarily of traditional residential units (76 age restricted units and 1,537 traditional). The housing located on the east side of Lake Frederick will include a mix of single family detached and attached and will be served by public roads. MAGISTERIAL DISTRICT: Opequon LOCATION: The subject properties are located on the western side of Route 522 South (Front Royal Pike), south of Route 277 (Fairfax Pike) and east of Route 636 (Hudson Hollow Road). Existing primary access to this site is located on Route 522 South via Lake Frederick Drive. STAFF CONCLUSIONS FOR THE 07/17/13 BOARD OF SUPERVISORS MEETING: The Master Development Plan for Shenandoah depicts appropriate land uses and appears to be consistent with the requirements of Article VIII, Master Development Plan, of the Zoning Ordinance. It should be noted that the original MDP for the Shenandoah Development included both residential and commercial components. The commercial component while shown on the MDP is held under separate ownership (Wheatlands LLC) and is not part of this MDP submission. The revisions to the MDP currently being considered do not impact the commercial portion of the Shenandoah Development. The applicant has requested that the Board of Supervisors allow them to sever the commercial and residential landbays so they can proceed with an independent MDP. If the Board of Supervisors authorizes the severing of the commercial and residential landbays, the Shenandoah MDP will be in a form that is administratively approvable. All of the issues identified by staff, review agencies, as well as those issues brought forth by the Planning Commission and the Board of Supervisors, should be appropriately addressed by the applicant. It appears that the application meets all requirements. Following presentation of the application to the Planning Commission and the Board of Supervisors, and the incorporation of your comments, staff is prepared to proceed to approval of the application. MDP #01-13, Shenandoah August 5, 2013 Page 2 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. LOCATION: The subject properties are located on the western side of Route 522 South (Front Royal Pike), south of Route 277 (Fairfax Pike) and east of Route 636 (Hudson Hollow Road). Existing primary access to this site is located on Route 522 South via Lake Frederick Drive. MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBER: 87-A-103, 87-A-103C, 87-A-102 PROPERTY ZONING & PRESENT USE: Zoned: R5 (Residential Recreational Community) District Use: Age Restricted Housing, Lake Frederick, & Undeveloped R5 Zoned Land ZONING & PRESENT USE OF ADJOINING PROPERTIES: North: RA (Rural Areas) South: RA (Rural Areas) East: RA (Rural Areas) Clarke County West: RA (Rural Areas) Use: Agricultural & Residential Use: Agricultural & Residential Use: Agricultural & Residential Use: Agricultural & Residential PROPOSAL: To develop 926.27 acres of land zoned R5 (Residential Recreational Community) District with a total of 2,130 (includes the 253 existing platted lots) residential dwelling units. The land area west of Lake Frederick will consist entirely of age restricted dwellings (total of 517 age restricted units) and will be served by private streets. The land area east of Lake Frederick will consist primarily of traditional residential units (76 age restricted units and 1,537 traditional). The housing located on the east side of Lake Frederick will include a mix of single family detached and attached and will be served by public roads. REVIEW EVALUATIONS: Virginia Department of Transportation: A VDOT review has been conducted for the Shenandoah Master Development Plan dated May 1, 2013 that was received in our office on May 7, 2013. Based on the review of the drawings, all of the previous VDOT comments have been addressed and the Plan is approved by our office. Please provide a signed set of drawings in electronic pdf format for our records. MDP #01-13, Shenandoah August 5, 2013 Page 3 We look forward to the opportunity to review the project in further detail, including evaluating existing portions of Rachel Carson Drive for secondary street acceptance, during the site plan submission process. Frederick County Fire & Rescue: Plan approval recommended. Frederick County Fire Marshal: No comment Frederick County Public Works: All of our previous comments have been addressed. Frederick County Inspections Department: Demolition permit shall be obtained prior to the removal of any existing structures. No additional comments at this time. Inspection will comment on building lots and utilities at the time of subdivision review. Frederick County Sanitation Authority: Review R-1 approved Frederick County Parks and Recreation: Plan with revisions appears to meet County Ordinance. Virginia Department of Health Comment: Health Department has no objections so long as public sewer and water are utilized. Frederick County Public Schools: No additional comments at this time. Frederick County GIS Division: Final road naming will be determined during subdivision review. The Frederick County Department of GIS has reviewed the requested road names for use in the subdivision and has made the following determinations: 1. The following road names have been APPROVED and ADDED into the Frederick County Road Naming and Structure numbering system: Abercorn Way and Bayhill Drive Clarke County Planning Department: Staff has completed our courtesy review of the Shenandoah Amended Master Development Plan (dated December 14, 2012). Per our recent telephone conversation, you indicated that the Amended Master Development Plan was being submitted for review in Frederick County primarily to remove an age restriction requirement but also to make some design changes that would include a reduction in the residential density. You also indicated that no subdivision activity or changes in your development plan would take place on any properties in Clarke County. We have no comments specific to the Amended Master Development Plan. However, we do request the opportunity to review and comment on any future stormwater management plans that are submitted for this project in order to determine any impacts on Clarke County properties. Planning & Zoning: A) Master Development Plan Requirement MDP #01-13, Shenandoah August 5, 2013 Page 4 A master development plan is required prior to development of this property. Before a master development plan can be approved, it must be reviewed by the Planning Commission, Board of Supervisors and all relevant review agencies. Approval may only be granted if the master development plan conforms to all requirements of the Frederick County Zoning and Subdivision Ordinances. The purpose of the master development plan is to promote orderly and planned development of property within Frederick County that suits the characteristics of the land, is harmonious with adjoining property and is in the best interest of the general public. B) Site History The properties comprising this project were rezoned from the A-2 (Agricultural) District to the R-5 (Residential Recreational Community) District in October of 1975. A Master Development Plan for a project titled "Wheatlands" containing a total of 1,463 dwelling units was approved by the Frederick County Board of Supervisors on July 10, 1991. A Master Development Plan for "Shenandoah" (revised Wheatlands) containing a total of 2,130 (2.3 units per acre) age restricted dwelling units (attached, detached and apartments on private streets), was approved by the Board of Supervisors on October 25, 2000 (with conditions, Board of Supervisors deemed conditions satisfied on March 25, 2001) and the plan was administratively approved by staff on May 2, 2001. On December 5, 2007, staff approved an administrative revision to the Shenandoah Master Development Plan for minor modifications to the interior road network. C) Site Suitability & Project Scope Comprehensive Policy Plan: The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to. protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1-1] Land Use Compatibility: The parcels comprising this MDP application are not located within the County's Urban Development Area (UDA) or the Sewer and Water Service Area (SWSA); however the site has existing R5 Zoning and is also shown with a Planned Unit Development designation in the Comprehensive Plan (Route 277 Triangle and Urban Center Plan). The Shenandoah Development is proposed to develop with a density of 2.3 units per acre, which is consistent with the maximum R5 density permitted in the Zoning Ordinance. The Shenandoah Development is served with public sewer by the Crooked Run Wastewater Reclamation Facility which was constructed by Oxbridge Development at Shenandoah to serve the Shenandoah Development and turned over to the Frederick County Sanitation Authority. Public water is also provided to the development by the Frederick County Sanitation Authority. Site Access and Transportation: The existing Shenandoah Development is accessed via a signalized (not yet turned on — flashing) entrance on Route 522 south. The existing Route 522 access also serves as the primary entrance to Lake Frederick which is owned by VDGIF. An additional full entrance for the development is MDP #01-13, Shenandoah August 5, 2013 Page 5 shown on Fairfax Pike (Route 277) and an emergency access is shown on Hudson Hollow Road (Route 636). The development can be seen as two sections, one east and one west of Lake Frederick. The portion west of the lake is where the existing age restricted units are located and are completely served by private roads. The MDP shows all development west of Lake Frederick to remain age restricted and the private road network will be extended to serve those units. The portion of the development east of Lake Frederick will primarily consist of traditional housing that will be served by new public roads. The Route 277 Triangle and Urban Center Plan (Appendix 1), shows a new arterial road called the South Frederick Parkway which is planned to run through the northern portion of this property. Sheet 6 of the MDP shows how this future roadway could be accommodated on the property. Recreational Amenities: The existing age restricted portion of the development located on the western side of Lake Frederick contains a constructed community center with a pool and bathhouse. The existing community facilities will continue to serve the age restricted portion of the development. A new community center with a pool, bathhouse and tennis court will be constructed on the eastern side of Lake Frederick along with a tot lot at a separate location. In addition there will be a 10 foot paved bike path continued along Rachel Carson Drive, 4 foot lake access trails throughout the development and three boat launch locations (with approval by VDGIF). PLANNING COMMISSION SUMMARY AND ACTION OF THE 7/17/13 MEETING: Commission members questioned the possible impacts and significance of removing the age -restricted component and severing the commercial area from the residential area. It was pointed out that 1,500 traditional family houses could generate up to 300 school -age children, resulting in the need for an additional school. Commissioners recalled discussion at the time of the original MDP involving the commercial area and whether there would be a fire station and the possibility of land being donated to the county for an emergency response station. It was noted this is a small town area and there could be significant impacts on roads, commercial facilities, and emergency services, if the age -restricted requirement is removed and the commercial area is severed from the residential area. During the public comment portion of the meeting, Mr. Ray Smith, the owner of the commercial area, came forward to express his opposition to severing the commercial area from the original MDP. Mr. Smith said he was not aware until he received the adjoining property owners' letter from the County that the severing was being proposed. He was concerned about losing his entitlements and zoning and raised the following questions: could he still develop the shopping center in the way it was initially planned; could this residential development seek their commercial from another location; would there be new setback and buffer requirements for his property; will there be a reduction in the number of residential units, as this could adversely affect the success of the shopping center; and, would the utility agreements be affected because utility lines were supposed to be constructed to his property line. MDP #01-13, Shenandoah August 5, 2013 Page 6 The staff assured the Commission and the developers that for the purpose of severing the MDP, the properties will be recognized as a single project and both parties will have the rights to proceed with their development schemes. Staff assured the Commission and the developers that staff will recognize the properties as being one; the severing will not affect Mr. Smith's zoning rights and he will continue to have all of his commercial rights. The staff noted the severing simply indicates the Lansdowne property can advance on its own independently, without having a signature from the other party. Likewise, Mr. Smith's property could advance on its own without having a signature from the Lansdowne party. Some members of the Commission did not favor the severing because one of the parties was opposed and was not aware of the other party's proposal to severe. It was noted that if the two parties are joined in one MDP, then both owners have to cooperate as far as access and utilities. A Commissioner suggested that for the purposes of recognizing these properties as a single project, documentation should be placed on the plats or the MDP. A member of the Commission said he would like to see a phasing plan for the residential development, so the County could plan to accommodate the additional school children and other impacts that may be generated by removing the age -restricted areas. A motion was made to table the severing request for 45 days to allow time for the two developers to come to an agreement on future utility connectivity, roads, access, and compatibility between the two severed MDPs and who is responsible for what activity. This motion was seconded and unanimously passed. (*Please note that the MDP for Shenandoah could not be tabled due to the severing issue because the Planning Commission is not party to this approval, and therefore the application was moved forward for Board of Supervisor review). (Note: Commissioner Mohn abstained from voting; Commissioner Crockett was absent from the meeting.) STAFF CONCLUSIONS FOR THE 07/17/13 BOARD OF SUPERVISORS MEETING: The Master Development Plan for Shenandoah depicts appropriate land uses and appears to be consistent with the requirements of Article VIII, Master Development Plan, of the Zoning Ordinance. It should be noted that the original MDP for the Shenandoah Development included both residential and commercial components. The commercial component while shown on the MDP is held under separate ownership (Wheatlands LLC) and is not part of this MDP submission. The revisions to the MDP currently being considered do not impact the commercial portion of the Shenandoah Development. The applicant has requested that the Board of Supervisors allow them to sever the commercial and residential landbays so they can proceed with an independent MDP. If the Board of Supervisors authorizes the severing of the commercial and residential landbays, the Shenandoah MDP will be in a form that is administratively approvable. All of the issues identified by staff, review agencies, as well as those issues brought forth by the Planning Commission and the Board of Supervisors, should be appropriately addressed by the applicant. MDP #01-13, Shenandoah August 5, 2013 Page 7 It appears that the application meets all requirements. Following presentation of the application to the Planning Commission and the Board of Supervisors, and the incorporation of your comments, staff is prepared to proceed to approval of the application. GENERAL NOTES 1. THIS MASTER DEVELOPMENT PLAN INCLUDES THE FOLLOWING PARCELS (-THE PROPERTY'): PARCEL IDA INSTRUMENT ID ZONE AREA 87 A 103 200422116 R5 406.00 AC 87 A 103C 200422116 R5 108.32 AC 87 A 102 200422116 R5 140.50 AC 2. THE SITE BOUNDARY AND TOPOGRAPHIC INFORMATION SHOWN HEREON IS DELINEATED BASED ON FREDERICK COUNTY GIS DATA. THE TOTAL SHENANDOAH PROJECT AREA IS 926.27 AC. THE SITE AREA SUBJECT TO THIS MASTER DEVELOPMENT PLAN IS 648,09 AC. 3. THE SITE IS ZONED IRS (RESIDENTIAL RECREATIONAL COMMUNITY) DISTRICT AS ADMINISTERED BY THE FREDERICK COUNTY ZONING ORDINANCE ('ZONING ORDINANCE'). 4. THE PROPOSED USE FOR THIS SITE IS SINGLE FAMILY RESIDENTIAL (ATTACHED AND DETACHED). THE PROJECT WILL CONSIST OF A TOTAL OF 2,130 DWELLING UNITS, RESULTING IN A GROSS PROJECT DENSITY OF 2.30 DWELLING UNITS PER ACRE. 5. ALL CONSTRUCTION SHALL CONFORM TO CURRENT FREDERICK COUNTY, VDOT, AND OTHER STATE STANDARDS AND SPECIFICATIONS, AS APPLICABLE. 6. THE PROJECT WILL BE PROVIDED WITH PUBLIC WATER AND SANITARY SEWER SERVICE. ALL WATER AND SEWER FACILITIES SHALL BE COMPLETED PER FCSA REQUIREMENTS. 7. THE SITE WILL BE PROVIDED WITH ELECTRIC AND GAS THROUGH THE EXTENSION OF EXISTING LINES. S. ALL UTILITIES MUST BE PLACED UNDERGROUND. 9. ALL BUFFER AND SCREENING REQUIREMENTS SHALL BE DETERMINED AT THE TIME OF SUBDIVISION PLANS AND SHALL BE ESTABLISHED BASED ON PROPOSED HOUSING TYPES AND EXISTING USES IN ACCORDANCE WITH SECTION 165-203.02 OF THE FREDERICK COUNTY ZONING ORDINANCE. 10. APPLICABLE DIMENSIONAL STANDARDS FOR RESIDENTIAL LOTS SHALL BE ESTABLISHED AT THE TIME OF SUBDIVISION PLANS IN ACCORDANCE WITH THE REQUIREMENTS OF THE IRS DISTRICT OF THE FREDERICK COUNTY ZONING ORDINANCE. 11. THE FOLLOWING ARE PREVIOUSLY APPROVED LAND DEVELOPMENT APPLICATIONS ASSOCIATED WITH 7415 PROJECT: MASTER DEVELOPMENT PLAN #06-00: APPROVED: MAY 2, 2001 SHENANDOAH PHASE I. SEC. 1-5. AND RACHEL CARSON DRIVE SUBDIVISION DESIGN PLAN #11-01: APPROVED: APRIL 7, 2006 SHENANDOAH PHASE II. SECTION 1-6: SUBDIVISION DESIGN PLAN N12-01: APPROVED: APRIL 7, 2006 REVISED MASTER DEVELOPMENT PLAN #03-07: APPROVED: DECEMBER 5, 2007 SHENANDOAH MODEL COURT REVISION TO ADD LOT 429 PIN# 87B-1-1-C: SUBDIVISION DESIGN PLAN #02-10: APPROVED: JUNE 3, 2011 APPROVED BY THE FREDERICK COUNTY DIRECTOR OF PLANNING AND DEVELOPMENT STCNATURE DATE APPROVED BY THE FREDERICK COUNTY ADMINISTRATOR SIGNATURE DATE SHENANDOAH MASTER DEVELOPMENT PLAN OPEQUON MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA .p 4131500 ar31500 RA N C f I 4731000 4730500 �.._..— ._ _.._. .. ._. _.i_._ __ - _ 4qq ._.. __ _ _ �`__..... __.__...... R� F27S DNA, k F I 4731000 4r30500 uI F, 473000 Y� "woo 4729500 r)) n `/•%` — 3 $i f1j — — 4729500 4729000 s ' i — — yak �'t L L -}- 4729000 I 4720500 - ---_--- M.'T 3 — --..._. - 4120500 a2so0 _ _— _ _.__ _ ._,. _. ....... l� __._.. „r:9 m ' a' 41 e-oo p� 4727500 ja Py, 4727000 _ aOD20NE'A'if F �l f.S�' 112700o Q2650p ARy U, �.. �.__.....__.... _— i i b 8 8 8 b b i b b S 8 S S 8 b S b 8 VICINITY MAP 1"=2000' OWNER APPLICANT MREC SHENANDOAH VA, LLC LANSDOWNE DEVELOPMENT GROUP, LLC C/O LANSDOWNE DEVELOPMENT GROUP, LLC 2553 DULLES VIEW DRIVE, SUITE 400 2553 DULLES VIEW, SUITE 400 HERNDON, VA 20171 HERNDON, VA 20171 ATT: MR. LEONARD S. "HOBIE" MITCHEL (703) 995-1849 (703) 995-1849 SIGNATURE DATE SIGNATURE DATE DESIGNER & ENGINE BOWMAN CONSULTING GROUP LTD. 101 SOUTH STREET SE LEESBURG, VA 20175 (703) 443-2400 HOMEOWNERS ASSOCIATION SHENANDOAH HOMEOWNERS ASSOCIATION INC. 140 BALD EAGLE DRIVE OPEQUON, VA 22663 SIGNATURE DATF c tD mZ F- J IA OZ wo V Q Z 0 CC H Z 0 x a LY w 0 w W W Q GO F� 0 W 0 U r , Q N I�I Q W Q LC � W H L0 z 0 WEj a 0 20 >; • C� d.W. CODY PRANCIB v Lie. No. 34091 0 v. SHEET INDEX 1 COVER SHEET DATE DESCRIPTION 2 SITE TABULATIONS AND DETAILS BBR JAE CMM 3 EXISTING CONDITIONS & ENVIRONMENTAL FEATURES PLAN DESIGN DRAWN CHKD H AS SHOWN 4 MASTER DEVELOPMENT PLAN OVERALL SCALE 5 TRANSPORTATION PLAN JOB No 6742-07-003 6 PLANNED TRANSPORTATION NETWORK DATE DECEMBER 14, 2012 FILE No. 6742-D-I'lP SHEET 1 OF 6 J PHASE VI \ \` PHASE III �217 U UNITS \��� 301 U'N`ITS G 201 UNITS `\� V \i ' / ,PHASE IIA ` v/ � v � T� 76 UNITS PHASE VII AGE RESTRICTED 273 UNITS ` O� too 6PH E 7AUNI T c ♦_/� PHASE VIII �i 220 UNITS PHASE IX 158 UNITS 01600 100 PHASE tv 200. UNITS PHAS V \ AGE RES1RICl'ED 140 .UNITS n PHASE IA�.N� /1 ( /2 Ace EEsrwcrEl>` ( C\ ^177 UNITS / \\ PHASING PLAN SCALE: 1 "=800' PHASING SCHEDULE PROPOSED PHASE PROPOSED USE TOTAL ARFA (ACRES) APEN IN LOTS (ACRES) AREAINROW AND PRIVATE STREETS jAcriii 35%OPEN SPACE REQUIREDFORNEN AGE RESTRICTED (ACRES) 45%OPEN SPACE REQUIREDFOR AGE RESTRICTED (ACRES) OPEN SPACE PROVIDEDIACRES) %OPEN SPACE PROVIDED P-sEle ezidential/Commeroal 27.90 - 3.00 9.1 - .49 38% PHASEIIa Resitlentlal 73.61 3&57 1214 75.76 A- 31% PHASE IN Ae,WcnNal 61.77 20.98 9.74 21.62 - 31.05 50% PHASE IV All Restected Resitlentlal 84.83 36.43 9.49 - 38.17 -ST 4T% PHASEV All Restricted Rezl PoPl 8L30 - 7.85 - 36.59 47.61 59% PNASEVI Resitlentlal 90.3) 3&1) 1647 31.63 35.73 4O% VASE VII Residential BOOS 25.>O 28.02 43.59 54% PHI, Residential 85.83 34.44 30.Os 39.01 45% RASE IX Residential 62.43 27.05 Ti 21.85 26.So 42% TOTAL PROPOSED 648.09 2E0.5990.71 168.69 74.7E 296.79 469E EXSTING OTHER PHASE IA (EXISTING) ABe Restetted ftesi dentlal 18&09 40.32 --29 -1-67% PHASE IIA(EbSTTHG) A8c Roe ".etl aesmennal 2638 3030 13.87 13.05 49% COMMERCIAL Commercial 2&77 _ CURXE COUNTY N/A 37.94 - - - - - - TOTALEXISTING/OTHER 278.18 So- 24.6E 125.18 13E.. 499E TOTALPROIECT 926.27 311.11 115.37 168.69 1-S4 433.08 4T% RECREATION UNIT SUMMARY LOT DIMENSION REQUIREMENTS: SINGLE FAbUY SMALL WT: MIN. LOT SIZE: 3,750 SF MN. YARDS: FROM PUBLIC OR PRIVATE ROW: 25' (THE FRONT SETBACK MAY BE REDUCED TO 15' PROVIDED THAT THE RESIDENTIAL UNIT UTILIZES A REAR ALLEY FOR ACCESS AND THERE ARE NO DRIVEWAYS ON THE PRIVATE OR PUBLIC ROAD FRONTING THE RESIDENTIAL UNIT.) SIDE YARD DETACHED OPTION: 5' SIDE YARD ATTACHED OPTION 10' REAR YARD: 15' MINIMUM BUILDING SPACING ATTACHED OPTION: 20' TUNN1iQUSE: MIN. LOT SIZE: 1,500 SF MIN. LOT WIDTH END UNIT 22' MIN. LOT WIDTH INTERIOR UNIT: 16' MIN. YARDS: FROM PUBLIC OR PRIVATE ROW WITH GARAGE: 25' FROM PUBLIC OR PRIVATE ROW WITHOUT GARAGE: 15' FROM OFF STREET PARKING LOT: 15' SIDE YARD: 10' REAR YARD: 20' REAR YARD BACK TO BACK OPTION: N/A J LOT PHASING TABULATIONS PHASE PROPOSED SINGIEFAMILY DETACHED PROPOSED SINGLEFAMILY ATTACHED EXISTING LOTS TOTAL PHASE IA (AGE RESTRICTED) 0 0 177 177 PHASE 18 0 167 0 167 PHASE IIA(AGE RESTRICTED) 0 0 76 76 PHASE LIB 183 34 0 217 PHASE III 68 133 0 201 PHASE IV AGE RESTRICTED 200 0 0 200 PHASEV(AGE RESTRICTED) 140 0 0 110 PHASEVI 171 130 0 301 PHASEVII 106 167 0 273 PHASEVIII 220 0 0 220 PHASE IX 158 0 0 158 TOTAL 1246 631 253 2130 NOTE: PHASE 1A AND IIA ARE COMPRISED OF EXISTING RECORDED LOTS PURSUANT TO PRIOR SUBDIVISION PLAN APPROVALS#11-01 AND 12-01, RESPECTIVELY. PHASE PA INCLUDES METALMARK DRIVE. TYPE PHASE PHASE II PHASE III PHASE IV P-11V PHASE VI PHASE VI I PHASE VIII PHASE IX TOTALS UNDS RECUNITS UN nS RECUNITS UNIT RECUNTTS UNITS RECUNITS UNITS NECUNITi UNITS RECI IT UNIT AE[UNITS UNITS REC UNIT UNITS RE[UNITS UNTTS RECUNITS SINGLE FAMILY ATTACHED 167 5.57 34 1.13 133 4.43 0 0.00 0 0.00 130 4.33 167 5.57 0 0.00 0 CLUB 631 21.03 SINGLE FAMILY DETACHED 177 23.60 259 1 34.53 1 68 1 9.07 1 200 1 26.67 140 1 18.67 1 171 1 22.80 1106 14.13 220 29.33 158 1 21.07 1499 1 199.87 COMBINED TOTAL 2130 220.90 NOTE: CALCULATION ASSUMES ALL SINGLE FAMILY DETACHED UNITS DEVELOPED AS SINGLE FAMILY SMALL LOT AND THEREFORE SUBJECT TO RECREATION UNIT RATIO OF 4 RECREATION UNITS PER 30 DW ELLNGS INCLUSIVE OF COMMUNITY CENTER REQUIREMENT. THE RECREATION UNIT RATIO APPLICABLE TO SINGLE FAMILY ATTACHED UNITS IS 1 RECREATION UNIT PER 30DWEWNG UNITS. RECREATION UNITS PROVIDED: TYPE "PHASEI PHASE II PHASE lit PHASE IV PNASEV PHASE VI PHASE VII PHASE VIII PHASE IX TOTALS CITY REC UNITS CITY REC UNIT CITY REC UNITS CITY REC UNIT CITY REC UNIT QTY I REC UNITS CITY REC UNIT CITY REC UN IT CITY REC UNITS CITY REC IN NS COMMUNITY BUILDING t 1 74.07 1 74.07 2 148.14 OUTDOOR POOL/ BATHHOUSE 1 14.81 1 14.81 2 29.63 PLAY COURTS 1 2.78 1 2.78 2 5.56 BOATIAUNCH 1 0.37 1 037 1 0.37 3 1.11 TOT LOT 1 1.48 1 1.48 2 2.96 HIKER/ BIKER TRAILS 12.77 5.37 4,87 3.20 3.32 6.04 1.01 36.60 LAKE ACCESS TRAILS ' 0.18 0.13 A 0.80 0.18 0.15 0.28 0.47 2.18 LAKETRAIL(VDGIF PROPERTY) 15.89 ' 7.72 1.43 7.93 3.67 ' 4.50 ' 6.25 12.01 59.40 PHASETOTALS 117.92 14.75 98.10 11.93 10.32 7.52 5.66 6.53 12.85 785.58 t Community center requirement to be satisfied by combination of community bulls ing, outdoor pool/bathhouse, and related facilities, such as play courts. "Trail system recreation unit Calculations are based on the Dail system shown on the Master Development Plan sheet and are Subject to change with final engineering. "'Phase I values reflect e,isting facilities. 6' PLANTING STRIP 5' SIDEWALK 35'-45' I NOTE: MIN. 45' RADIUS TO EDGE OF PAVEMENT (GUTTER PAN) UNLESS STREET SERVES 25 OR FEWER DWELLINGS AND IS LESS THAN 0.25 MILE5 IN LENGTH. TYPICAL PUBLIC CUL DE SAC DETAIL (NOT TO SCALE) CUL DE SAC DETAIL (NOT TO SCALE) -A-� <-4-ff 190 v a I F E � ow I2' PEDES 4q' 1 ACCESS ESMR I WITH CS 30. FC � 1 III HIKER/BIKERI I TRAIL 1 7 4 INTERMEDIATE 2' 7 2.087 I G 6 COURSE CG 6 2.08% 208% II II IIrI _ III D.II III=11L III � T!�III III II ,.�; - _ ..::II Ill III IR I -III - II TIC �l�lllll�lll SURFACE-/ BASE ASPHALT II'I LIII 1 COURSE (IF REQUIRED) I I' I I� I 11-11-III-11 � TELEPHONE IUD-4 SANITARY BASE COURSE - UD-4 & CABLE (IF REQUIRED) SEWER STORM (IF REQUIRED) WATER MAIN SEWER ELECTRIC TYPE 1 PUBLIC STREET GAS URBAN COLLECTOR NO PARKING (GS-7) 30 MPH DESIGN SPEED RACHEL CARSON DRIVE (EAST OF LAKE FREDERICK DR.) (NOT TO SCALE) ROW 57' ROW =Qo 31' 7 MIN. PARKIN 11' 1' 5' S/W 7' 4' INTERME- DIATE 2' 7 5' S/W 1' �I CG-6 COURSE CG6 "jl I"- I 9 nv� � 1 SURFAC BASSPHALTCOURSEIFRQUIRD) J��j BASE COURSE UD-4 (IF REQUIRED) SANITARY (IF REQUIRED) TELEPHONE GAS WATER MAIN SEWER STORM & CABLE TYPE 2 PUBLIC STREET SEWER 31' CURB TO CURB PARKING ONE SIDE (GS-SSAR) 30 MPH DESIGN SPEED (ADT >2000 OR 1 ACCESS OVER 40 LOTS) - (NOT TO SCALE) ROW a rL k 4 i1 �,i �.� ROW z 50' C� 24' FC 1' 5' S W 7' 4' COURSE INTERMEDIATE 2' 7 5' S/W V 2 08 �I G 6 CG-6 f 9, 1 1= 2 08% 1 III=11i III L III - "--'-'-- - - =` `--'�--_ D lll III III W= II. III II�111 I IIIIE=III � 11-1111 III III 11-1I _, IIIII ICI W II SURFAC BASE ASPHALT COURSE (IF REQUIRED) �IIIIilll I'lll III= III II ] -C II III `RILL -III„ II IL 1111!=Ili UD�4J BASE COURSE UD-4 (IF REQUIRED) SEWSANIERRY (IF REQUIRED) TELEPHONE GAS WATER MAIN STORM & CABLE TYPE 3 PUBLIC STREET SEWER 24' CURB TO CURB PARKING ONE SIDE (GS-SSAR) 25 MPH DESIGN SPEED (ADT <2000) To' Min. ti!k1T7ti• `Y 5 LY'S 5 YR. TYTTS 2&I. CMPAWe ---- 6' Agar -agate Base HIIKER/BIKER TRAIL DETAIL r4' Min. `f mlI 1�Dr I�IIn II �fl App 4- Mulch Un6siurbad Sail Baso LAKE & LAKE ACCESS TRAIL DETAIL NOTE: Lake trail to be constructed as mutually agreed with VDGIF. (NOT TO SCALE) [N+E FntT.ti' YSEPARAFE ED IIEH fRW sL 1-1 o A'` Jf ,811 d O i LRACE As 5 IW F r � ApE AS SHO:M/ AµEa"-Tre r. - sA a y7 5' GIIASS SIRIv ran- 3bb A AcERECArE LAYERS TO FXLEND V BEYOND [LACK OF CURB. TYPE 4 PRIVATE STREET RACHEL CARSON DRIVE (WEST OF LAKE FREDERICK DR.) (NOT TO SCALE) W MF.Cs (stPARAIE P01 r- 19- S/REt'Is7 RI 0 0 2xP - 0Q 51fiP AGCREGAIE LAYERS TO EXTEND T' BEYOND BACK OF CURB, 'I'YPE 5 PRIVATE STREET (NOT To SCALE) NOTE: I. THE APPLICANT MAY EMPLOY TRAFFIC CALMING MEASURES AT THEIR DISCRETION TO SLOW VEHICULAR TRAFFIC WITHIN THE COMMUNITY. 2. WATER ANO SENFR LINES WILL BE LOCATED AS SHOWN IN TYPICAL ROAD SECTIONS, CONSISTENT WITH PRIOR PLAN APPROVALS AND EXISTING INFRACTRIIC TURF. PI ACENFNT OF G'D IINTti WIII RF CCOROINATFD WITII VOOI DIIItINO CDNSINIICIION �I AN RGNFW. r J n .. Y• OZ O V d ELECTRIC Q Z (D z z Z O Q i� x a � LEI o z Lu 0 LLJ z QQ a O Z o J O Ir-4 W r_l Q U ELECTRIC m E- Ed W a_ (n Q ch: H (N CO Q Z O 0 fe�EaLTH GI e -U° d.R. CODY FRANCIS > Lic. No. 34091 RR ess/ONALGi'e e BBR JAE CMM DESIGN DRAWN CHKD SCALE V AS SHOWN JOB No. 6742-01-003 DATE DECEMBER 14. 2012 FILE No. 6742-D-ZP-001 SHEET 2 OF 6 ENVIRONMENTAL FEATURES TABULATIONS LEGEND ADJACENT OWNER TA, _ IL ��\\\:�✓�/f�- \I / \/mil 1 \\\\ /I O/ 1~\ \/�l \\\ Y'\ ACREAGE %OF OPEN SPACE % OF TOTALSITE OPEN SPACE 300.99 100.00% 4643% FLOODPLAIN - - - LAKESANDPONDS - - - STREAMS 4.30 1,43% aw%_ WETLANDS 2.10 0.70% 0.32% STEEP SLOPES (>SO%I 1.44 0.48% 0.22% M LIMITS OF APPLICATION EXISTING STRUCTURE -- EXISTING LOT EXISTING STREAM NpRTri? \ - _ l _ r \ r' ` NOTE: TABULATIONS REFLECT THE APPUCATION AREA OF 548.09 AC., FLOODPLAIN AND NOT THE ENTIRE PROJECT AREA OF 926.27 AC. zs Ex. s' CONTOUR 0 !j r > / 1 ` '//' �,� i \ — / / \ �// i� i — \ ) �✓ C \ \ \ l / G \ \\\\r ` J 1\\�\' - I STEEP SLOPES >507 DELINEATED WETLANDS /.////j ( ) .-� / _ \ �✓ — � s®oo'� `�4 ��j� �1%��917'A, �_\�\\ \\_� ll/ (\ �i / � \\I\ \ i \\' \\ \ 4J A'r� \ \ 1 ?I/\\\\�/r\// // �P/ O, lII%�\ I' / � / 1\\\111) �/�\\/// \j1J \•_�!�IIII\a \ i `�\\\\ \\ A % IIIII ��\\�/ \f c©'�:°'A� © ��\ /(", /Jr --\_ � \ / I\I)\\\\\�\\�\�� \\\,1\I/�/�/�llll//\1\�\\,1; \�%\/1 II\\II\\ 1 I' �-� • ,� // a \ \ \ I 11. \' %4(�! ! A\1111i1,/�'// ov III / Jill 'I l \\;_ \ if I / / �\ .� 11\�i y%/-. __-- /; _ �)\r\_` --= ;// ll'/G%/ I/-\ //i/\\\,1',\\ II('l��i/ �\%'\\ /-- i ;�1`-" �,,,�\ �-,•, .���� j_ �kl;� /! 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EG45HE0.ri RiAYICR Re al fled ,N 13 RJ A Nf 30 A A—DGA 1 e7 A 0 R o V N 1 a I 1 1 I A IE,_ n n ----. --.-__ ----- _. _ M GIA D E'HYLL D SA, O.ORSANA ffl C J E tJA tI ('Al E R DE DFP R.ME r0 WNIAVS 0. e J 1 mmen W LSCn RE IM1ND&GLOB 15fTRf —DCIC x°vde�Nal 1— Murs,fNnD—o,n.vEsrn,.uc11. E. xii+d M L.0 V. UNS00 PAENT.—uc11 3c R,D 2itti Ill E—A—HrAVESiN 14—C/0 LAN-4E NVEL0-1 G —MC 31 flJR M?ECS ENA-1 NVF iME C/01 S00 f% LO GRO 1 V 1 3t 1— AJB xlix] EH NDGA INVEST—CC/0— IA S00 EN C d i3 etR ,ixx4N LS 3A fl,R xixxa m rv1 u / OM1TIG M IRGrAIA.N>LOF WAfd xUNOHSHCWS RS 1 .>aw .0 �... R:LN[C ! demlal OIEv AESpBC Re,la:nml 1EAD—A-AS1A ! —LI i4Cc I 0�� 0 0 ®mll�1111110 Maur ®® -''%'l !-/ 1 i/// _ � �-_ ii// o I'1 // �(: ''. \\• \-. � •� ��'\— !—>`�' - \1�I —i-�nl / /%.. 4, 1, �/ r'�l\I -�\. ) __/ � \.� -\;�'�\ GRAPHIC sC'ALE/ \\ /�,�///" cuevE TABLE CURVE LENGTH RADIUS /( / / 0, o\• - ' ��<!0\\" j )'I 1 ( \ /( \ — ~/ J / p�'�' T-, / , /Jl,''r I I/ �` I _ / �- \ cI 84,31 119.35 C2 60.43 96.69 // / —/ �, . ///� \ /,, \ / �)) I\��\\\I \ \ - — t0 1 IN I FFFT \ I _% 12,51 89.65 )— \ —=� \\\\\\ 19.J� 6157 c 13 m — r J ,,m Y/ OZ wo V a z z g d > w z Q Z O _j A, U J (If Q w z o w ILL] O W Elf zo w d z zWOf as WQF_ o z o � � Q z N X p w O T[1 d W CODY FRANCIS > -gry,Lic. No 34091 •• •S70NA. �V' • PLAN NR STATUS 051W113 VER COMMENTS BBR JAI CMM DESIGN DRAWN CHKD SCALE H: AS SHOWN v: JOB No. 6742-01-D03 DATE DECEMBER 14. 2012 FILE No. 6742-D-ZP-001 SHEET 3 OF 6 , �� a 6 . � 0 pa ,, ,We S 0 FUTVTIB •ATBR TMR (,1PPR0%IMATL LOCATION) Y /� \v// CENTER, SFD3 f46 T6NNIR COURTS. / SFD �eT SFD �.-/ s ix) ,,, l ° F .' SFD \ �'^.r •/ ' �11 SFD' \ `\ pgECN d i FD Y �' F OOri,.� '� jT. 1 e ? F ° SEE NOTE B 14��'° �i°A�, `` � fz3' �' '� SFA rs��4�� •` \ 1 FD yC \ \ 9FA PFTASE\ 2A, p S q (s� Qf \\� Y �APPROVEDLN o� p .�, SYP / �,EfOP 03'r0Y LEGEND ; SFD, r° ■ ■ LIMITS OF APPLICATION P \` "} ,P ,'SFA o COUNTY BOUNDARY LINEL EXISTING STRUCTURE 'Fy1,3FD SFD _ --- EXISTING LOT a EXISTING STREAM .� \ T rl N- / FD w,+ SFD SFDR. lx) SFD �\\\ FLOODPLAIN f SFD 4 A� � v, P • SFD 2rJ, , SF a` OPEN SPACE` F CE SFD O RECREATIONAL AMENITY \ 4r SFD Jo ti. •• �� • • • • • • PROPOSED a LAKE ACCESS TRAIL LAKE TRAIL PER MOP #06-00 SFD SFD PROPOSED BOAT LAUNCH 1 TYPE I ROAD \ \\ \ \ (2) iYPE 2 ROADS (3) TYPE 3 ROAD 4 ROAD y • A (4) TYPE (5) TYPE 5 ROAD L \ S • • SYAC • • 1 SF 1 \\ �) :. \ \ \ 78E7�SINGLE FAMILY DETACHED LOTS SFD I °SkT � OP. SFD 2 °'� A2`� ^ RUr�NFACE aC FA] SINGLE FAMILY ATTACHED 10T5 /s `A)\) SFD ,�t� J I\' �� vP i1i � SFD .�. SFD +may \ Y J� L. •� �\��2 SFD ' V' � '/� \ ..... .• EICIST7M j�-JJJ ,\ 4; OPEN SFD i p � mme SPACE � APPROVED;WITH \ ' SPACE �2�, 'a �o'� i'l..� • M PpD3 07 �• °p SPACOPEN E SFD 3FD� r O O EsFD MERGENCY Oo.ti`. O ACCESS ONLY /\y0 4 �\o° SFD SFD INGETREE YOYSFD \ "� I N0 4 I SFD ZE NOTES: V i. PROPOSED LAKE ACCESS TRAIL SEGMENTS REFLECT APPROXIMATE LOCATIONS AND WILL BE DEFINED WITH SUBDIVISION DESIGN PLANS. ro 2. PROPOSED LAKE TRAIL TO BE LOCATED AS GENERALLY SHOWN PER VDGIF Z APPROVAL. FINAL LOCATION OF SAID TRAIL TO BE DETERMINED WITH SUBDIVISION DESIGN PLANS AND WILL BE CONSTRUCTED PER STANDARDS ACCEPTABLE TO VDGIF. 3. SUBJECT TO HOA APPROVAL, THE IDENTIFIED COMMUNITY BUILDING WITHIN PHASE I MAY BE USED FOR COMMERCIAL PURPOSES EITHER IN ITS ENTIRETY OR IN PART AS PERMITTED BY THE R5 DISTRICT. 4. LOCATION OF WATER AND SEWER LINES ARE SHOWN WITH TYPICAL SECTIONS ON SHEET 2 OF 4. 5. SWM/BMP LOCATIONS ARE CONCEPTUAL IN NATURE. FINAL FACILITY LOCATIONS, SIZES, AND DESIGN WILL BE DEFINED WITH SUBDIVISION DESIGN PLANS. 6. BOUNDARIES OF AREAS DESIGNATED FOR SFD AND SEA LOTS MAY VARY TO ■`�w ACCOMMODATE FINAL SUBDIVISION DESIGN, BUT ONLY TO THE EXTENT POSSIBLE Y/ PURSUANT TO OPEN SPACE REQUIREMENTS. 7. A TOTAL OF THREE (3) BOAT LAUNCHES SHALL BE PROVIDED PURSUANT TO VDGIF O Z SPECIFICATIONS AND APPROVAL CONSISTENT WITH ESTABLISHED MEMORANDUM OF UNDERSTANDING. ONE (1) BOAT LAUNCH SHALL BE LOCATED AS GENERALLY SHOWN ON THE EDP CONSISTENT WITH PRIOR PROJECT APPROVALS. THE REMAINING TWO (2) O SHALL BE PROVIDED WITHIN THE PHASESSINDICATED IN THE RECREATION UNIT SUMMARY ON SHEET 2 OF 4, WITH FINAL LOCATIONS AND ACCESS DETERMINED AT SUBDIVISION DESIGN PER VDGIF APPROVAL. 8. EXISTING CONNECTIONS TO RACHEL CARSON DRIVE MAY BE REMOVED WITH v PROVISION OF SUITABLE VEHICLE TURNAROUNDS ON COTTONTAIL DRIVE AND TUTELO LANE. pg H R $ gg \ Z_ � EXISTING PROJECT j Roy 'PoeH w ENTRANCE j �117S,S4.� s \ RO4r,FO O ,yq` A, Q a Y \ r > Fh �Fii fREj-' V� 7 E— W IMERCIAL `E Z Z �W AREA \ g O WlE \\ d 1 COMMERCIAL S Z q O AREA 1L'i,G�� (APPROVED WITH �I W MDP//03-07) \ a_ �1 w w Q 05 N / < W WS Z o EXIST ' % J \ ` O COMMUNITING W Y CENTER, C,Qp / \ CL POOL. OUSE BATHH�� j' � . .♦ L • o P COMMU ITY EXISTING WATER i a� y . WASTE WATER BUILDING / TREATMENT • JW. CODY FRANCIS i (SEE N��)'' PLANT Lic. No. 34091 / �•.��J. NAL �G' o O .••N• PLAN STATUS 05/01/13 PER COUNTY COMMENTS 06/20/13 PER COUNTY COMMENTS /\ \ GRAPHI� SCALE DATE DESCRIPTION BBR DESIGN JAE CMM DRAWN CHKD SCALE H: AS SHOWN V. JOB No. 6742-01-003 DATE DECEMBER 14, 2012 FILE No. 6742-D-ZP-001 SHEET OF 6 ( IN FEET) 1 1_h = 400 It 1' ! 1 VIIII( - I/)/ v v` / ' , /�� \.1/�v V 111!!vVI\��Iy/ �v AVA //•_v Qj. >a_� \ 1 vv v II//�/ ,\VA).A vvAAv `. vA\1\11v �®oCP �Op� y�0'`^C A `��AA ��� � � l' 1vv.- vf/ /�- � VAA 1 ! 1 v 4v vv , Q` I / QD � \ O _ v• v _ /_ \I" III ) / 1 \1\\1 \```\1' //, \\\ \\\ I f' 'I V // // 1 1 J 1 \\\I \����� � _\\✓IIIII 1 (!' 1\'��jii i. / // G \1/ NpR� / /� �\ \\ \ l \ I \ A mv �'•rvlvxs rAWRru+R �\\\\\\\ \\ I 1 f /'•,' �� - �i j vv 9ANsE e°,' IIIII v 'cENNIS tnsoCouRT3 A , I 3 111 i '•vVA' v s VAv 1 it 1 f 11 ECK 1 �' / =�\\\ \\\ `��\ it (! _ �\\\\���" •I11,71 lI �'\., \\.�\\„`ter �/',////. `. oQ:. / / \ \\ \,_ � \ \ I 1 '\l / � ��i T51 I �� � - vAA ��� II =- �.�.�Vv-Up 111�`•�. v`�,�.AAvf� A..,, / n//i/// 2°'_ �i '/" A vv`�vA'� li\ / g¢ �6 ai ��i �( \� 1 l/1//,-1v" l•'�i"' `r/'-vvvvvT �. vv' _ _J,,,&��.. wv\v v; I'14, Al - "v r� :� V 1 v ( vvv - / v��y V v v III, /•/ .Ill /.vAv /� v v V 1 V A c \ _�'1 / I , r• € v 1/�`-/� I I / I aJ - yv = o`'.��yy .vAwv._ r ` /// //I. � - _vvv `v A �v_ 0 AV\Il > vv yvA :` ..,IA r v_ '\ /� I _ _ JV lr _ .>/ a° o •/�,I� v _ ,i°=wV �� �. '`",° \ II „v vvv - E / I O v vV V"AAAV � � -_ / .I II ,� /r � ,o1A��AAA1Il., r1AI �=A�U',`1A'l' 1vvj //' �IV {�\�\, i '�/%�2' �/ �V; / \ �°� t-//�wrw:Il,',�A 1 _, �/=,��_"=rim -i<. ��`` � /i/I�I���. /: � , _ _ /i/w/I/\� , 111�Av- - =-v�VAVA '' )II I�<-_ .- wA����-ii A�v��1 � a/ � /• r V"�' ,,I1 I //� \ �� .' tii_I�- _��s'YvAA� EENXTRTAINNCG LEGEND PROJECT 1 E � Z V t ■■ LIMITS OF APPLICATION \\\\\ '\I �\B'�III.II1 \\\\\ 11/r/. ", ", ( '��, �;��n�`1\.I ,I /'�I ��%l}\\1� I� \.\,\� I •//, .\�I ,// �` -- ___� .li� _ .w `�4 �\ \ \ � .Vo,A O » COUNTY BOUNDARNE U WV v 1 EXISTING STRUCTURE A V 11 = >.♦ vdAVAV ' VAA v � r/�I ,:// � /„ A , �AICI\� J ll� A A �.� - ✓ / _ v A (Sl ,j> V v �V Avv f vvv ILr / ^,. f -_ - �� .'//r'° :v,vA II ) �// /_ v,v c-�`�tv n. AAAV_ �fi v`v `v �. U EXISTING LOT \\`\\�`=\�; \ �\\\� �/I IIIII\-'�// /.'Cy�l �� 1 \_-\-`c\` v _-���vv -v� A 111 - - ,ro vv - - oc\ 'i: ,y, l ,�,,j l ���\, A�I ,,� o' �r , .v���- _L�c�/Vv 'V 1A\�V\''����s�., v 1 h-I-1 w \\\ �:.\ '�\ _, �o I, o/ \`, I `Y \ _ �.. \` 1 1 \ Z E-' I, pMi ... EXISTING STREAM A -"v v , 1 ILij //. _ CO -AREA IAL _ v A �_ A V .iceA W K v v v V A v CL �'� Al A\ t ` � \\ FLOODPLAIN \ -__/\�\ ,/ l jig AA\VAVA� III��� --vA�i�`V1) g� v�. p2 ;C-�111/�- wv,v r o// A\ 1 v� \ I / O Q. 'r�_ _ v {. r' /r, 11 V I v� v I I � �� /I / /,� 1AI I '`' I ^�VA v v v�IIII 11 '� A LAVA COMMERCIAL' d I� l RECREATIONAL AMENITY IIII% \� \,.� \\\ \ \\\' II \1\ _t',//// 1 / E --\\\ \\ _�\\\' l \\\\• •y F // jI _-- `V / -_ ll _ \V A\v` �V vAAAAI1y(\�Av� v _ A�AV� _^ / _ j rV Av��� (APPROVED WITfi 1 A �V �MDPM03-07) �,� �4 W ,I /� I v\ter/_ ,IIIII �vA. 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INLANDAFISIiERfES 'C� ` - vI v _ v (n �OAVvvvv�I: AN' vA VAS= V ��//I .�'��-eri C\ ,/ '�� - - �- _ ) _ - `. ��. A I 1 f � AA (FUTURE ACCESS LOCATIONS TO BE \\v A`wv� "��,P,//r III/•�_ v, -'�, '.-��.o�= _ AA, A�� ��.�\ - �' - '✓��'�9 �VA �- 'J�-'�� IIII\V A v � --v vvw � O CONSTRUCTED AS STUB -OUTS OR AS Q A M T P \\_�-�` CCESS EASE EN S DE END NC ON THE �. -�\ \ .\\\\\ •?"''_ SIG \\��=__� __-_ �,/ �\�.�IIII\I/ .\,'\\ �,,- _-�\"\ `�,� 1�- _ �, \. 1 •`" _-' - CONN CTIVITY R UIR MENTS F THE \ _ \ - - - -� - / " - V- _ �� - - \„ _ - \ - - - �' \ • - - \ \ \� - E EO E 0 E `\\\\\ - (r ::�-mac} •/ll l'/µ-.\I\��0 �1 ,I ��\ii - \II - _ - _ rl. 1 \\ - \11 NEPNORK ACCEPTED INTO THE STATE 11/ Z SECONDARY SYSTEM. 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AS SHOWN __ V: \/_ SCALE rr /l1 Sri r�=v_/ _ v JOB No. 6742-01 -003 I I / i �_- `_ ! �_` - -� !) / / ,- - 1 /// 1, -� _- -_� �\� �v-r '-�I /IIIIIV'' '=`VAA / / , AA j111 ///,' II// -VA 1V1VA�vAAVt �'I ,Aw��.�iii%%'c \� f =-%vAv / y 1 1�/�� 1• / v v��•`.v�- ��v` , Av1v // vv' �vv1 �, �';' r//I // /I II /vv vvv --_� ��,vv.,�%G.R"APHI�'$CALE�-__-` v 111 _ •v������.�T �. �\�_ ���'Y� � leoo� �%-_ � 1\\\ DATE DECEMBER 14, 2012 \`Q il' FILE No. 6742-D-ZP-001 ,I r I __/ \\ \\ `i \\C��w \�\.\".. r�!,/111b r/iG' I!! 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JOB No. 6742-01-003 DATE DECEMBER 14, 2012 FILE No. 6742-D-ZP-001 SHEET 6 OF 6 ►v►urifui - is Shenandoah } PI Ns: 87 - A - 103,87 - A - 103C, 87 - A - 102 87 A 102 D'I 87 A 102 3- 87 A 103 87 A 103 � 6 87 A 103 uv 87 A ' - 87 A 103,_ 1087 A r _ A 103C 87 A 103 .. 87A 103 103C 57 1 _ �TT�� _ MDP0113 > J�O n oy� CLARKE COUNTY $22 VIRGINIA Fa RF OApplications Q Parcels Building Footprints = B1 (Business, Neighborhood District) �o r B2 (Business, General Distrist) B3 (Business, Industrial Transition District) WARREN EM (Extractive Manufacturing District) COUNTYVIR HE (Higher Education District) INIA �^ 5 M1 (Industrial, Light District) - M2 (Industrial, General District) MH1 (Mobile Home Community District) MS (Medical Support District) OM (Office - Manufacturing Park) R4 (Residential Planned Community District) R5 (Residential Recreational Community District) RA (Rural Area District) RP (Residential Performance District) Note: MD P # 01 - 13 Frederick County Dept of Planning 8. Developments Shenandoah 107 N Kent St PINS: Suite 202 87 - A - 103, 87 - A - 103C, Winchester, VA 22601 87 - A - 102 540 - 665 - 5651 Map Created: July 1, 2013 Staff: cperkins 0 900 1,800 3,600 Feet MASTER DEVELOPMENT PLAN #01-13 SHENANDOAH Staff Report for the Planning Commission Prepared: July 1, 2013 Staff Contact: Candice E. Perkins, AICP, Senior Planner Reviewed Action Planning Commission: 07/17/13 Pending Board of Supervisors: 08/14/13 Pending PROPOSAL: To develop 926.27 acres of land zoned R5 (Residential Recreational Community) District with a total of 2,130 (includes the 230 existing platted lots) residential dwelling units. The land area west of Lake Frederick will consist entirely of age restricted dwellings (total of 517 age restricted units) and will be served by private streets. The land area east of Lake Frederick will consist primarily of traditional residential units (53 age restricted units and 1,560 traditional). The housing located on the east side of Lake Frederick will include a mix of single family detached and attached and will be served by public roads. MAGISTERIAL DISTRICT: Opequon LOCATION: The subject properties are located on the western side of Route 522 South (Front Royal Pike), south of Route 277 (Fairfax Pike) and east of Route 636 (Hudson Hollow Road). Existing primary access to this site is located on Route 522 South via Lake Frederick Drive. STAFF CONCLUSIONS FOR THE 07/17/13 PLANNING COMMISSION MEETING: The Master Development Plan for Shenandoah depicts appropriate land uses and appears to be consistent with the requirements of Article VIII, Master Development Plan, of the Zoning Ordinance. It should be noted that the original MDP for the Shenandoah Development included both residential and commercial components. The commercial component while shown on the MDP is held under separate ownership (Wheatlands LLC) and is not part of this MDP submission. The revisions to the MDP currently being considered do not impact the commercial portion of the Shenandoah Development. The applicant has requested that the Board of Supervisors allow them to sever the commercial and residential landbays so they can proceed with an independent MDP; Board action on this MDP severing is appropriate. If the Board of Supervisors authorizes the severing of the commercial and residential landbays, the Shenandoah MDP will be in a form that is administratively approvable. All of the issues identified by staff, review agencies, as well as those issues brought forth by the Planning Commission and the Board of Supervisors, should be appropriately addressed by the applicant. It appears that the application meets all requirements. Following presentation of the application to the Planning Commission and the Board of Supervisors, and the incorporation of your comments, staff is prepared to proceed to approval of the application. MDP 901-13, Shenandoah July 1, 2013 Page 2 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. LOCATION: The subject properties are located on the western side of Route 522 South (Front Royal Pike), south of Route 277 (Fairfax Pike) and east of Route 636 (Hudson Hollow Road). Existing primary access to this site is located on Route 522 South via Lake Frederick Drive. MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBER: 87-A-103, 87-A-103C, 87-A-102 PROPERTY ZONING & PRESENT USE: Zoned: R5 (Residential Recreational Community) District Use: Age Restricted Housing, Lake Frederick, & Undeveloped R5 Zoned Land ZONING & PRESENT USE OF ADJOINING PROPERTIES: North: RA (Rural Areas) South: RA (Rural Areas) East: RA (Rural Areas) Clarke County West: RA (Rural Areas) Use: Agricultural & Residential Use: Agricultural & Residential Use: Agricultural & Residential Use: Agricultural & Residential PROPOSAL: To develop 926.27 acres of land zoned R5 (Residential Recreational Community) District with a total of 2,130 (includes the 230 existing platted lots) residential dwelling units. The land area west of Lake Frederick will consist entirely of age restricted dwellings (total of 517 age restricted units) and will be served by private streets. The land area east of Lake Frederick will consist primarily of traditional residential units (53 age restricted units and 1,560 traditional). The housing located on the east side of Lake Frederick will include a mix of single family detached and attached and will be served by public roads. REVIEW EVALUATIONS: VirlZinia Department of Transportation: A VDOT review has been conducted for the Shenandoah Master Development Plan dated May 1, 2013 that was received in our office on May 7, 2013. Based on MDP 901-13, Shenandoah July 1, 2013 Page 3 the review of the drawings, all of the previous VDOT comments have been addressed and the Plan is approved by our office. Please provide a signed set of drawings in electronic pdf format for our records. We look forward to the opportunity to review the project in further detail, including evaluating existing portions of Rachel Carson Drive for secondary street acceptance, during the site plan submission process. Frederick Countv Fire & Rescue: Plan approval recommended. Frederick County Fire Marshal: No comment Frederick Countv Public Works: All of our previous comments have been addressed. Frederick County Inspections Department: Demolition permit shall be obtained prior to the removal of any existing structures. No additional comments at this time. Inspection will comment on building lots and utilities at the time of subdivision review. Frederick Countv Sanitation Authority: Review R-1 approved Frederick County Parks and Recreation: Plan with revisions appears to meet County Ordinance. Virginia Department of Health Comment: Health Department has no objections so long as public sewer and water are utilized. Frederick Countv Public Schools: No additional comments at this time. Frederick County GIS Division: Final road naming will be determined during subdivision review. The Frederick County Department of GIS has reviewed the requested road names for use in the subdivision and has made the following determinations: The following road names have been APPROVED and ADDED into the Frederick County Road Naming and Structure numbering system: Abercorn Way and Bayhill Drive Clarke County Planning Department: Staff has completed our courtesy review of the Shenandoah Amended Master Development Plan (dated December 14, 2012). Per our recent telephone conversation, you indicated that the Amended Master Development Plan was being submitted for review in Frederick County primarily to remove an age restriction requirement but also to make some design changes that would include a reduction in the residential density. You also indicated that no subdivision activity or changes in your development plan would take place on any properties in Clarke County. We have no comments specific to the Amended Master Development Plan. However, we do request the opportunity to review and comment on any future stormwater management plans that are submitted for this project in order to determine any impacts on Clarke County properties. Planning & Zoning: MDP #01-13, Shenandoah July 1, 2013 Page 4 A) Master Development Plan Requirement A master development plan is required prior to development of this property. Before a master development plan can be approved, it must be reviewed by the Planning Commission, Board of Supervisors and all relevant review agencies. Approval may only be granted if the master development plan conforms to all requirements of the Frederick County Zoning and Subdivision Ordinances. The purpose of the master development plan is to promote orderly and planned development of property within Frederick County that suits the characteristics of the land, is harmonious with adjoining property and is in the best interest of the general public. B) Site History The properties comprising this project were rezoned from the A-2 (Agricultural) District to the R-5 (Residential Recreational Community) District in October of 1975. A Master Development Plan for a project titled "Wheatlands" containing a total of 1,463 dwelling units was approved by the Frederick County Board of Supervisors on July 10, 1991. A Master Development Plan for "Shenandoah" (revised Wheatlands) containing a total of 2,130 (2.3 units per acre) age restricted dwelling units (attached, detached and apartments on private streets), was approved by the Board of Supervisors on October 25, 2000 (with conditions, Board of Supervisors deemed conditions satisfied on March 25, 2001) and the plan was administratively approved by staff on May 2, 2001. On December 5, 2007, staff approved an administrative revision to the Shenandoah Master Development Plan for minor modifications to the interior road network. C) Site Suitability & Project Scope Comprehensive Policy Plan: The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1-1] Land Use Compatibility: The parcels comprising this MDP application are not located within the County's Urban Development Area (UDA) or the Sewer and Water Service Area (SWSA); however the site has existing R5 Zoning and is also shown with a Planned Unit Development designation in the Comprehensive Plan (Route 277 Triangle and Urban Center Plan). The Shenandoah Development is proposed to develop with a density of 2.3 units per acre, which is consistent with the maximum R5 density permitted in the Zoning Ordinance. The Shenandoah Development is served with public sewer by the Crooked Run Wastewater Reclamation Facility which was constructed by Oxbridge Development at Shenandoah to serve the Shenandoah Development and turned over to the Frederick County Sanitation Authority. Public water is also provided to the development by the Frederick County Sanitation Authority. Site Access and Transportation: The existing Shenandoah Development is accessed via a signalized (not yet turned on — flashing) entrance on Route 522 south. The existing Route 522 access also serves as the primary entrance MDP 901-13, Shenandoah July 1, 2013 Page 5 to Lake Frederick which is owned by VDGIF. An additional full entrance for the development is shown on Fairfax Pike (Route 277) and an emergency access is shown on Hudson Hollow Road (Route 636). The development can be seen as two sections, one east and one west of Lake Frederick. The portion west of the lake is where the existing age restricted units are located and are completely served by private roads. The MDP shows all development west of Lake Frederick to remain age restricted and the private road network will be extended to serve those units. The portion of the development east of Lake Frederick will primarily consist of traditional housing that will be served by new public roads. The Route 277 Triangle and Urban Center Plan (Appendix I), shows a new arterial road called the South Frederick Parkway which is planned to run through the northern portion of this property. Sheet 6 of the MDP shows how this future roadway could be accommodated on the property. Recreational Amenities: The existing age restricted portion of the development located on the western side of Lake Frederick contains a constructed community center with a pool and bathhouse. The existing community facilities will continue to serve the age restricted portion of the development. A new community center with a pool, bathhouse and tennis court will be constructed on the eastern side of Lake Frederick along with a tot lot at a separate location. In addition there will be a 10 foot paved bike path continued along Rachel Carson Drive, 4 foot lake access trails throughout the development and three boat launch locations (with approval by VDGIF). STAFF CONCLUSIONS FOR THE 07/17/13 PLANNING COMMISSION MEETING: The Master Development Plan for Shenandoah depicts appropriate land uses and appears to be consistent with the requirements of Article VIII, Master Development Plan, of the Zoning Ordinance. It should be noted that the original MDP for the Shenandoah Development included both residential and commercial components. The commercial component while shown on the MDP is held under separate ownership (Wheatlands LLC) and is not part of this MDP submission. The revisions to the MDP currently being considered do not impact the commercial portion of the Shenandoah Development. The applicant has requested that the Board of Supervisors allow them to sever the commercial and residential landbays so they can proceed with an independent MDP; Board action on this MDP severing is appropriate. If the Board of Supervisors authorizes the severing of the commercial and residential landbays, the Shenandoah MDP will be in a form that is administratively approvable. All of the issues identified by staff, review agencies, as well as those issues brought forth by the Planning Commission and the Board of Supervisors, should be appropriately addressed by the applicant. It appears that the application meets all requirements. Following presentation of the application to the Planning Commission and the Board of Supervisors, and the incorporation of your comments, staff is prepared to proceed to approval of the application. GENERAL NOTES I. THIS MASTER DEVELOPMENT PLAN INCLUDES THE FOLLOWING PARCELS (-THE PROPERTY") PARCEL IDA INSTRUMENT ID ZONE AREA 87 A 103 200422116 R5 405.00 AC 87 A 103C 200422116 R5 108.32 AC 87 A 102 200422116 R5 140.50 AC 2. THE SITE BOUNDARY AND TOPOGRAPHIC INFORMATION SHOWN HEREON IS DELINEATED BASED ON FREDERICK COUNTY CIS DATA. THE TOTAL SHENANDOAH PROJECT AREA IS 926.27 AC. AC. THE SITE AREA SUBJECT TO THIS MASTER DEVELOPMENT PLAN IS 648.09 3. THE SITE IS ZONED R5 (RESIDENTIAL RECREATIONAL COMMUNITY) DISTRICT AS ADMINISTERED BY THE FREDERICK COUNTY ZONING ORDINANCE (ZONING ORDINANCE) 4 THE PROPOSED USE FOR THIS SITE IS SINGLE FAMILY RESIDENTIAL (ATTACHED AND DETACHED). THE PROJECT WILL CONSIST OF A TOTAL OF 2, 130 DWELLING UNITS, RESULTING IN A GROSS PROJECT DENSITY OF 2.30 DWELLING UNITS PER ACRE. 5. ALL CONSTRUCTION SHALL CONFORM TO CURRENT FREDERICK COUNTY, VDOT, AND OTHER STATE STANDARDS AND SPECIFICATIONS, AS APPLICABLE. 6. THE PROJECT WILL BE PROVIDED WITH PUBLIC WATER AND SANITARY SEWER SERVICE. ALL WATER AND SEWER FACILITIES SHALL BE COMPLETED PER FCSA REQUIREMENTS. 7. THE SITE WILL BE PROVIDED WITH ELECTRIC AND GAS THROUGH THE EXTENSION OF EXISTING LINES. 8, ALL UTILITIES MUST BE PLACED UNDERGROUND. 9. ALL BUFFER AND SCREENING REQUIREMENTS SHALL BE DETERMINED AT THE TIME OF SUBDIVISION PLANS AND SHALL BE ESTABLISHED BASED ON PROPOSED HOUSING TYPES AND EXISTING USES IN ACCORDANCE WITH SECTION 165-203.02 OF THE FREDERICK COUNTY ZONING ORDINANCE. 10. APPLICABLE DIMENSIONAL STANDARDS FOR RESIDENTIAL LOTS SHALL BE ESTABLISHED AT THE TIME OF SUBDIVISION PLANS IN ACCORDANCE WITH THE REQUIREMENTS OF THE IRS DISTRICT OF THE FREDERICK COUNTY ZONING ORDINANCE. 11 THE FOLLOWING ARE PREVIOUSLY APPROVED LAND DEVELOPMENT APPLICATIONS ASSOCIATED WITH THIS PROJECT: MASTER DEVELOPMENT PLAN #06 00: APPROVED: MAY 2, 2001 SHENANDOAH PHASE I, SEC. 1-5, AND RACHEL CARSON DRIVE SUBDIVISION DESIGN PLAN #11-01: APPROVED: APRIL 7. 2006 SHENANDOAH PHASE II, SECTION 1-6: SUBDIVISION DESIGN PLAN #12 01: APPROVED: APRIL 7, 2006 REVISED MASTER DEVELOPMENT PLAN #03-07: APPROVED: DECEMBER 5, 2007 SHENANDOAH MODEL COURT REVISION TO ADD LOT 429 PIN# 87B-1-1-C: SUBDIVISION DESIGN PLAN #02-10: APPROVED: JUNE 3, 2011 APPROVED BY THE FREDERICK COUNTY DIRECTOR OF PLANNING AND DEVELOPMENT SIGNATURE DATE APPROVED BY THE FREDERICK COUNTY ADMINISTRATOR SIGNATURE DATE SHENANDOAH MASTER DEVELOPMENT PLAN OPEQUON MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA 8 S 8 8 8 8 8 8 8 4731500 1 w m T ��RTps� 4731000 4730500 I IpsO tt6...JJJ W 4pR L n.y56 / 4n9ono I ' 4]29500 ...... .. .__.._. .. .. •� .. ,.. ...: .... .. i.... .. ..___....___ 41295OG ' 4729000 4726500 .. .. _. ..f{ ._ ..._.._ ` r �f. T _ 412.500 4729000 - - •� ! rlA f�/ ��.{� � � - - � 4]29000 4]21500 5/ I I (A t J I21000 `FLOODZONE All 4R4,<H J]26500 B 8 8 S 8 8 9 8 8 8 OWNER MREC SHENANDOAH VA, LLC C/O LANSDOWNE DEVELOPMENT GROUP, LLC 2553 DULLES VIEW, SUITE 400 HERNDON, VA 20171 (703) 995-1849 SIGNATURE DATE VICINITY MAP 1 "=2000' APPLICAN LANSDOWNE DEVELOPMENT GROUP, LLC 2553 DULLES VIEW DRIVE, SUITE 400 HERNDON, VA 20171 ATT: MR. LEONARD S. "HOBIE" MITCHEL (703) 995-1849 SIGNATURE DATE DESIGNER & ENGINEER BOWMAN CONSULTING GROUP LTD 101 SOUTH STREET SE LEESBURG, VA 20175 (703) 443-2400 OMEOWNERS ASSOCIATION SHENANDOAH HOMEOWNERS ASSOCIATION INC. 140 BALD EAGLE DRIVE OPEQUON, VA 22663 SIGNATURE DATE SHEET INDEX 1 COVER SHEET 2 SITE TABULATIONS AND DETAILS 3 EXISTING CONDITIONS & ENVIRONMENTAL FEATURES PLAN 4 MASTER DEVELOPMENT PLAN OVERALL 5 TRANSPORTATION PLAN 6 PLANNED TRANSPORTATION NETWORK cc m- CODY FRANCIS 25 LiF. No. 34091 ��• Sstou4l �'��'�: IBBR I JAE I CMM I DESIGN DRAWN CHKD JOB No. 6742-01-003 DATE DECEMBER 14. 2012 FILE No. 6742-D-ZP-001 SHEET 1 OF 6 PHASE T, 240 UNITS \ �� S PHASE VI PHASE III x _ Q 301 UNITS 201 UNITS: � tJ ♦ `* v �U �� ' �/ � PHASE Oa PHASE VII 53 UNITS 273 \\ UN,ITS ` O� ` AGE RESTRICTEDS ` PHASE VIH 220 UNITS PHASE IX 158 UNITS f / �00, 1 L---- 'win- \ � PHASE IV }� 200 UNITS PHASE V AGE RESTRICTED` 140 UNITS PHASI(E IA� /! ACE REpSTRIcrE / 177 UNITS L 1\ f RESTRICTED_ PHASING PLAN SCALE: I"=800' PHASING SCHEDULE PROPOSED PHASE PROPOSED USE TOTALAREA (ACRES) AREAINLOTS (ACRES) FAINROW ANDPq VATS STREET5(ACRES) 3s%DPEN SPACE REQUIREDFORNON AGE RESTRICTED AG (ACRES: Z% PENSPACE REQURFDFOR AGE RESTRICT1D (ACRES) OPEN SPACE PROVIDEDIACRES) %OPEN SPACE PROVIDED PHASE IB _ esidential/Ca m vial a73 ad - PHASEIIB geslAenti;al 61 57 PHASE III Residential xtl - 31.Vi X196 PHASE IV _ a -id gesldcntlal RA 'n3 35 K 94v 38.1] 39.9E 47% RASE V Axe Restricted gesidenrial 81.30 25M 7.85 - 3fi.59 47.61 59'% PHASEVI Redden 3x.i7 1G.4] J1.63 35. T.1 40% HASEVI: pesidential 80.05 n.]C. % PHASE VIIIPHASE _6X Nesitlen 85.8 3M1.M 12.38 3EGA 390T 42% esitlential 6z.43 N.M 21.R5 4x% TOTAL PROPOSED HIff.VJ LU.59 90.71 1Ni.G9 74.76 46% EXISTING/OTHER PHASE IA (EXISTING) stnd He IdR'Itial 83.29133.24 6]% PHASE HA (EXISTING) All qr t,�d Re:idemtric 3G 38 10.30 3.03 - ll.x] 13- 6)% CE Comrnerc al 28-)] - CLARRK RC COUNTY N/A 3>.M - TOTAL CXISnNG/OTHER 2]R lH 50.52 74.66 13F 24 A9% -1TOTA L PROTECT ( ( 9,G>', ( I RECREATION UNIT SUMMARY LOT DIMENSION REQUIREMENTS: SINGLE FA11H.Y SUAll. tell. MIN. LOT SIZE: 3.750 SF MIN. YARDS: FROM PUBLIC OR PRIVATE ROW: 25' (THE FRONT SETBACK MAY BE REDUCED TO 15' PROVIDED THAT THE RESIDENTIAL UNIT UTILIZES A REAR ALLEY FOR ACCESS AND THERE ARE NO DRIVEWAYS ON THE PRIVATE OR PUBLIC ROAD FRONTING THE RESIDENTIAL UNIT.) SIDE YARD DETACHED OPTION: 5' SIDE YARD ATTACHED OPTION 10' REAR YARD: 15' MINIMUM BUILDING SPACING ATTACHED OPTION: 20' TOWNHOUSE.` MIN. LOT SIZE: 1,500 SF MIN. LOT WIDTH END UNIT 22' MIN. LOT WIDTH INTERIOR UNIT: 16' MIN. YARDS: FROM PUBLIC OR PRIVATE ROW WITH GARAGE: 25' FROM PUBLIC OR PRIVATE ROW WITHOUT GARAGE: 15' FROM OFF STREET PARKING LOT: 15' SIDE YARD: 10' REAR YARD: 20' REAR YARD BACK TO BACK OPTION: N/A LOT PHASING TABULATIONS PHASE PROPOSED SINGLE FAMILY DETACHED PROPOSED SINGLE FAMILY ATTACHED EXISTING LOTS TOTAL PHASE IA (AGE RESTRICTED) 0 0 177 177 PHASE IS 0 167 0 167 PHASE IIA(AGE RESTRICTED) 0 0 53 53 PHASEIIB 206 34 0 240 PHASE III 1 68 133 1 0 201 PHASE IV (AGE RESTRICTED) 200 0 0 200 PHASE V (AGE RESTRICTED) 140 0 0 140 PHASEVI 171 130 0 301 PHASE VII 106 167 0 273 PHASE VIII 220 0 0 220 PHASEIX 158 0 0 158 TOTAL 1269 631 230 2130 NOTE: PHASE 1A AND IIA ARE COMPRISED OF EXISTING RECORDED LOTS PURSUANT TO PRIOR SUBDIVISION PLAN APPROVALS Rll-Ol AND 12-01, RESPECTIVELY, TYPE PHASE I PHASE II PHASE III PHASE IV PHASE V PHASE VI PHASE VII I PHASE VIII PHASE IX -to LS UNITS REC UNITS UNITS REC UNIT$ UNITS RECUNITS UNITS RFC UN Os UNftS REC UNITS UNITS REC UNITS UNITS REC UNITS UNITS REC UN ITS UNITS REC UNITS UNITS REC UNTR SINGLE FAMILY ATTACHED 16--/ 557 34 1.13 133 4.43 0 0.00 0 0.00 130 433 16% 5.57 0 0.00 631 21.03 SINGLE FAMILY DETACHED 177 2311 24 34.53 _ 68 9.07 200 26.67 140 18.67 171 22.80 106 14,13 220 29.33 158 21.07 1499 199,87 [ NOTE: CALCULATION ASSUMES ALL SINGLE FAMILY DETACHED UNITS DEVELOPED AS SING LE FAMILY SMALL LOI AND 1 HEREEORE SUBIECITO RECREATION UNIT RA FIO OF 4 RECREA I ION OMBINEDTOTAL 2130 220.90 UNITS PER 30 OW ELUNGS INCLUSIVE OF COMMUNITY CENTER REQUIREMENT. THE RECREATION UNIT RATIO APPUCABLE TO SINGLE FAMILY ATTACHED UNITS 15 1 RECREATION UNIT PER 30 DWELLING UNITS. RECREATION UNITS PROVIDED: TYPE "PHASEI PHASEII PHASE III PHASE IV PHASEV PHASE VI PHASE VII PHASE VIII PHASE IX TOTALS QlY REC UNITS QTY REC UNITS CTW RTC UNITS QTY REC UNITS CITY REC UNITS CITY REC UNITS CITY RFC UNITS QTY REC UN ITS CITY REC UNITS CIV REC UNITS COMMUNITY BUILDING t 1 7A.07 1 74.07 2 148.14 OUTDOOR POOL/ BATHHOUSE 1 1 14.81 1 14.81 2 29.63 PLAYCOURTS 1 2.78 1 2.78 2 5.56 BOATLAUNCH 1 0.37 1 0.37 1 0.37 3 1.11 TOT LOT 1 1.48 1 1.48 2 2.96 HIKER/BIKER TRAILS " 1277 " 5.37 487 ' 320 - 3.32 - 6.04 ' 1.01 '_ 36.60 LAKE ACCESS TRAILS 0.18 0.13 0.80 0,18 0.15 0.28 0.47 2.18 LAKE TRAIL(VDGIF PROPERTY) 15.89 7.72 1.43 7.93 3.67 q,50 6.21 1101 19.40 PHASE TOTALS 117.92 14.75 98.10 11.93 10.32 7.57 5.66 6.53 12.85 285.58 t Community center requirement to be satisfied by combination of community building, outdoor pool/bathhouse, and related facilities, such as play courts. ' Trail system recreation unit calculations are based on the trail system shown on the Master Development Plan sheet and are subject to change with final engineering. "Phase I Values reflect existing facilities. RIGHT-OF-WAY 6' PLANTING STRIP 5' SIDEWALK 35-45' I NOTE: MIN. 45' RADIUS TO EDGE OF PAVEMENT (GUTTER PAN) UNLESS STREET SERVES 25 OR FEWER DWELLINGS AND IS LESS THAN 0.25 MILES IN LENGTH. TYPICAL PUBLIC CUL DE SAC DETAIL (NOT TO SCALE) CUL DE SAC DETAIL (NOT TO SCALE) 12' PEDESTR (' t ` •�. �qq ACCESS ESM1'y r WITH C.� FC -: 110, HIKER/BIKER: 30 TRAIL 1 7 4' INTERMEDIATE 2' 7 2. 081 G 6 COURSE CG 6 zoar- -- -- - z-- IL u 1 =- - =-- II 1 �([ ! ti III lIr SURFAC BASE ASPHALT 1LI11j I, Ti COURSE (IF REQUIRED) L J BASE COURSE UD 4 TELEPHONE UD 4 SANITARY (IF REQUIRED) 'CABLE (IF REQUIRED) SEWER STORM ELECTRIC WATER MAIN TYPE 1 PUBLIC STREET SEWER GAS URBAN COLLECTOR NO PARKING (GS-7) 30 MPH DESIGN SPEED RACHEL CARSON DRIVE (EAST OF LAKE FREDERICK DR.) (NOT TO SCALE) 4 L ROW u t.+pfHd. 57 Ct e ROW 31' 1' i 7 MIN. � I P RKIN II' WT I 7' 4' INTERMEDIATE 2' 7 5' S W l-1' CG-6 COURSE CG-6 2 nay � F -1 I 1F71 7 SURFACE? BASE ASPHALT JUI T COURSE (IF REQUIRED) (IF REQUIRED) SANITARY BASE COURSE (IF REQUIRED) TELEPHONE GAS WATER MAIN SEWER STORM SEWER & CABLE TYPE 2 PUBLIC STREET 31' CURB TO CURB PARKING ONE SIDE (GS-SSAR) 30 MPH DESIGN SPEED (ADT >2000 OR 1 ACCESS OVER 40 LOTS) (NOT TO SCALE) ROW & CABLE ----10' Min.-{ iF1fT6i' s RkY't3 1T5- T1�Tz 1}lz1T.ST *t T1y`7 T.F'S 1}7 5}}yyS I'S 5T1}51}S,�ll�'yTs�Y SY}T'1 tkh1Gy1 2 Bit Concrcto 551�T�5�i5413.:3� 55:15-t 53 Y" ti-5y� 6' Aggregale 8- HIKER/BIKER TRAIL DETAIL 4' Mln. �I,11 Irn ml _1N_„�I r ' App- 4" MWCh -- UrdMt1ERd Sn11 Onso LAKE & LAKE ACCESS TRAIL DETAIL VOTE: Lake trail to be constructed as mutually agreed with VDGIF. 50' 24' 2- 02 II - G 6 CG-6 _I -JL14 _ _ _ -III �1.. JI LIT f �L IIJ .,,: SURFAC RASE ASPHALT 'illl L full . I COURSE (IF REQUIRED) II 1 -I1 I , UD-4 SANITARY BASE COURSE UD (IF REQUIRED) SEWER ( REQUIRED) GAS WATER MAIN STORM TYPE 3 PUBLIC STREET SEWER 24' CURB TO CURB PARKING ONE SIDE (GS-SSAR) 25 MPH DESIGN SPEED (ADT <2000) (NOT TO SCALE) ? 4rs r ,All A so R/N LI g`T'j s IS + case +s sIORN 3 _ �tI IOIpIw%Al / - R Ir- • Ru 1 ` hT wl`-5' GRA... STRIP A 2' Al �/V• s'SO-IT.Sn s lRll G+A55 SIRn' c,6�FI Tt. Vg ACCNFCA IF LAYERS rO FXTFNO I' RFMNO BACK OF CURB. TYPE 4 PRIVATE STREET RACHEL CARSON DRIVE (WEST OF LAKE FREDERICK DR.) (NOT TO SCALE) e � x „�y -s w4Ls SIa:P AGGRFCAIF LAYERS IO L-1 NO I' BLYONB HACK OF CURB. ROW NOTE: I. THE APPUCAHT MAY EMPLOY TRAFFIC CALMING MEASURES AT THEIR DISCRETION TO SLOW VEHICULAR TRAFFIC WITHIN THE COMMUNITY. 2. WATER AND SEWER ONES WILL BE LOCATED AS SHOWN IN TYPICAL ROAD SECTIONS. CONSISTENT WITH PRIOR PLAN APPROVALS AND EXISTING C 8 a ELECTRIC Z 0 Of z Z Z O J_ a 0 Q x of o zW LLJ < Q a z O O 3 � w m I Ln ELECTRIC ; ITS �FV.L1L_�I W -J n K �' !- V1 O Q Z 0 0 W CI- 0 f�EpI.TH OF `•.• • O� �'PC i o� ♦ � J.W. CODY FRANCIS 2 ri Lic. No. 34091 • 'Ace'-�\�yF'ii ••SF �%NN•F"` •i PLAN STATUS 05/01/13 PER COUNTY COMICENT5 BBR JAE CMM DESIGN DRAWN CHKD SCALE H. AS SHOWN V: JOB No. 6742-01-003 DATE DECEMBER 14, 2012 FILE No. 6742-D-ZP-001 SHEET 2 OF 6 - �-1,, -- - i" I , --- \-'11" - " RONMENTAL FEATURES LATIONS LEGEND -- - TABU / '��I ) �) li l" ,�I-1) ,- " - 1-11 I I /1\0 "" 7 '�'0/ , / " -- \ �- I \ � � � LIMITS OF APPLICATION .�= EXISTING STRUCTURE _ ----- EXISTING LOT ,---:�.I,--t,,," i, \ -:�JI I "I(--�' k y/o' �-?/r� I -- a,�:�lM i k I-, -- I -, -- 11. , NOT-E: TABULATIONS I - REFLECT EFLECT ,-TH-E-- APPLICATION PPLICA TION' A'- . R" E' 'A � -OF , 64 -9.'-0 _. I 9 A-C� ., - � FIIm1 7'1I FLOODPLASINTREAM �11\' 1I \ I \ I '1/ l - /- " AND NOT [HE ENTIRE PROJECFAREA OF926.27AC. / / I -' \ - ----7- -- EX. 5' CONTOUR / 1 /)/�-, I) _ II I I 1',,\ I- �/ A ;�"9 � "-1I////-" A - /' -" /;/ -R --/ � 1Ii'\ STEEP SLOPES ( >50%) " / � ,I - \ ' ' " �/ �/, 0D',w" 0 f/• ) " )/ / , ,,,�cp *I / 1: , -- ;-/ t-'.-_'��"'�-�'-I', ) \ I I I " \ , -- v 1 - �- - f-"I ',1\ I ; 1 , � \' ,, I " � 1, I II1 I1 DELINEATED ELINEATED � 6' -I� WETLANDS ,xI �,�r;l_.�. - k. R pO��% *&�"wI /I \ /lI �) -,N% ,FM \>;/ -"- �#- � I � ) / / �- , /I-.� 11741\ 0 I o- \ / ,\ TI " � "\ ) \ I � \\ ' I 1, i�, , .- \1 �- I , L " � 0(I- II, 4.I / 1\\ '.Ill) /(, I\ k / \li ",,/ I \ "' /' , \� /,"N';_Ix'Z I0 I"\,-1 r( II1II �I� �\" "0iI , A/I\" 1I-//'"�?j%II ,N ' 1- J\ ,/,z /XI ,\" / ) ,I//�- . ,", , I\�p,i - ,�@,3I,� � �ji\I �1 II / 1, \�(0I\) \ 9' I / \/ f -- �\#wI / I �I( I i / " /i -// �/@I 1, -- -1 ' - cD - -1 \/ / � � ,]J� , /- �"- /I-��;�"/ ? I1\/ �"':----/ �-� --/.-- -�1- <"-i, -\- "� ''- � I-� I -' -- - � I�- II . I (��\ �btl,-//� /�/ \i -/ 111 I, \ -, , ) / , �qj \�� )'/;1;-N--/ �////' /�/- ��I��� I �j, l �/"- \, �/( k\ � / , , � ' ,--, - - "q , tI . 1 � / ,�-/ :/ � I \f-/ I\ , \' "x ,'-i--ii /1;/ / � ,--__'�i -. �"�X�/✓"II�1��'"� '� ) \`/ ' �- - " - , ," -I' % "-- - 1 , �� -� -- "j / _ -- - "-1,% \�( \" 7<k �; Ia E�(,(, \A�'"", 1H-, \ \// ,, 1 \\ - � 1�9 --� '--I-- \I[, � 1,' k /- ,� -- - � -' ,, I I \--I -'I / f '-, \-� - '1I '��� )1 -�- ,'\\N`\�� I ) <V�\it�I�\I �1 - --- -,- , "--�- \ , , I Iii/ / -- )\�,,( I)''1'',I 1, I1 --�,i, , �/ "I .' tI ;�"�- ,"�'. , i\ i',��=- ,,- '/'" 0� \ :;�,)111 )t ),"-v) ,�N "I " � / v 1 ,� - I , � - - , -I"�/\�II\ \�,/ ' \, I I- _ ... \') / )\��\ ll 111 IJ, '< \�� ( , \ -- ' : \k� ��I 1. 11-11- - �- ' - ';'\N�/ ... �\'"�,�-,� I \11 1V'. ��\"�f \\" , -�'� � � k " -\ I ."" X\�I �-, - A.' ,- " V'�'�- �� &X,� - ,-.-,. "\ ," I - \�\ \ n , \ -\ . � )' ��--, - II�A'�\\-- "\1 , �V\\\�''- 0 -',� '. ' N'-'"-47-;)"�%� ; \,\ �-.�" " N, X 5 /- L" I - ; / I- .' /�/ '" � v�:/" - ,., , u I - -,Z/-�I .\. �Ii - ((- -% I -;-V "* ."N. . "Y'?-'/ o � f„"-" ,/ I�- - 1�) J11� I I� � f (�'/,/ - 41t -;, /, I �-- -� p I 1�/ -- --�. \- ' I! I �- I ----,- "\ , %�- , V'' 1 - "- � - -- 1I " k---' � �-�- , -" I� - I ,- ,\--.,- �I- ,'--' ,-,-. ' j �:- �'/- - , , - - - ' �- , > ''I -'->-"�17--- (--I I�I '' /- �' ,-I- 'I ': : I, /� �i, /�/"\� I . -- � I ' '- I -.-/,zI\I' I! 1 I II - ,/' - 11, ''� \ I I 1 �"'-�I /.-,-�'�W --- ' I \\"1 /��'"m/- p 1� ) 11I / � ' " I/;-Y/� \--j - ' "��;""'! 0X �- �-�-\ , I-o- -�A /, - ,�' I- � ��-��I - ) 1 Ii I"/�I '" �i 1\�';I - , ,, '/ I I� -"`/---- --fI- �1II,k , � , '. . I. I �' �'\ �6('11 /'/ ,\N� � . . I'I ,"�11-I—"�JI ,/// I 1//� I///-)t -�" , //)"-\',"N , /�� ��. "; A�� \ � ,, )-/�//, -) -/ I / , B. ' .1 I - ,1/1/, �,- ���<"/ �/"� � �/Y,/". / / -I /,`� 1-� ADJACENT OWNER TABL ACREAGE %OF OPEN SPACE % OF I T TALSITE OPEN SPACE 300.89 ID0.00% 46.43% _ FLOODPLAIN ' - - LAKES AND PONDS — - . - STREAMS 4.30 1.43% 0,66% WETIAN OS 2.10 0.70% 0.32% STEEP SLOPES F>I 1 1.44 � 0.48% 0.22%. �=�=Im�I�I IIIIIIIIIffIIII�I��i m �M n o =�FIZI ffE-I L-IMT w _mm ® _®���m-L V -M kmm ® _® 9.m 1I 1 Z- - w � � ' - , : � - - i I - I \ , � I " - - ,- — I! - - — _ , / -� :- Tom. II --�,a/- - -- , I ) - -C- 1 I I - �-v, I ,I4L��"-" '/ - -� ��, - "IGRA�HIC k!� - I \�I CURVE T A B 1- LE( , �O- ; -- /, "�" �\ ' k '- � II-'." f \ 9N�� � (0,1/ � .' D 'I I-. ) :',"g�'<, - , , jI` w) ��)f.CURVE LENGTHRADIUS D _-I U S 1I I >1/1 (-/.��", " , ' - c - 6 ,.�1,� I I,- ( I " ) H I, '"NlI: , -/. CB43j 11�35 - \'I -, X � - 1", 1," , FC260.6396.69 1 I i I p- �,- ,-'' ,I - " ' "-,- 1'")o�'�'"� , C"1111965 �; - I , -\ I II:� I�1-9�1 - '� "1, :-1.` I-"J \\"- \I-i'( .Nri�--'' I' NI, C419,776157�- f - - o " ( -,-.\ I<, / -�, - ( /\ !`"� �00 itmljf-�-\ �,) - CC m z- 4 � I g I, 6 i A p m R I A I I I I 5 < Z C5 z K g > CL- cn z Uj D � � 0 =3 < u F-- < � , W L� a� u -i ��' 0-1 E- UJ p � � LET L3 0 �4 af ' u- , �� Q. Yf Z 0 z � W LU �� > I,- -�d , �� 2 W Q I-- �� �L V) -' z �0 0 I-- U) W f� -i z - E- C() �0 < LAJ C) 1-- �� 0 0 z < � :2 0 z x 0 U-1 :D 0 L'i EL 0 � .-�tKT,TH op"- " . .r ,IF ep'-. 117 '$ �� * 8 . J.W. CODY FRANCIS � Liia N. 34091 . � * *-- ':'�". , "-.L lvc..' COLNTY 1181 IAE 1111 ""�' D'ADRAWNC I C "D SCALE H: AS SHOWN V: J013 No. 6742-01 -003 DATE DECEMBER 14. 2012 FILE No. 6742-D-ZP-001 —111 3 or 6 ' - , : � - - i I - I \ , � I " - - ,- — I! - - — _ , / -� :- Tom. II --�,a/- - -- , I ) - -C- 1 I I - �-v, I ,I4L��"-" '/ - -� ��, - "IGRA�HIC k!� - I \�I CURVE T A B 1- LE( , �O- ; -- /, "�" �\ ' k '- � II-'." f \ 9N�� � (0,1/ � .' D 'I I-. ) :',"g�'<, - , , jI` w) ��)f.CURVE LENGTHRADIUS D _-I U S 1I I >1/1 (-/.��", " , ' - c - 6 ,.�1,� I I,- ( I " ) H I, '"NlI: , -/. CB43j 11�35 - \'I -, X � - 1", 1," , FC260.6396.69 1 I i I p- �,- ,-'' ,I - " ' "-,- 1'")o�'�'"� , C"1111965 �; - I , -\ I II:� I�1-9�1 - '� "1, :-1.` I-"J \\"- \I-i'( .Nri�--'' I' NI, C419,776157�- f - - o " ( -,-.\ I<, / -�, - ( /\ !`"� �00 itmljf-�-\ �,) - CC m z- 4 � I g I, 6 i A p m R I A I I I I 5 < Z C5 z K g > CL- cn z Uj D � � 0 =3 < u F-- < � , W L� a� u -i ��' 0-1 E- UJ p � � LET L3 0 �4 af ' u- , �� Q. Yf Z 0 z � W LU �� > I,- -�d , �� 2 W Q I-- �� �L V) -' z �0 0 I-- U) W f� -i z - E- C() �0 < LAJ C) 1-- �� 0 0 z < � :2 0 z x 0 U-1 :D 0 L'i EL 0 � .-�tKT,TH op"- " . .r ,IF ep'-. 117 '$ �� * 8 . J.W. CODY FRANCIS � Liia N. 34091 . � * *-- ':'�". , "-.L lvc..' COLNTY 1181 IAE 1111 ""�' D'ADRAWNC I C "D SCALE H: AS SHOWN V: J013 No. 6742-01 -003 DATE DECEMBER 14. 2012 FILE No. 6742-D-ZP-001 —111 3 or 6 /SFDSFD \\ fRINGETREE c% SFD s 1 ,, O /� 1I SFD per`\� L1E0LF11E�� Y' \Q, J > \ P COMMUNITY TPOOL, BA i SFD3 ) BATHHOHHO USE TENNIS coums SFD �Y_ ,r�QY''i SFD FD 1 \\ • E WHrtE u & EC`O • (1�� SF /('B K 51 � Y<\ / SFD •\��i S 'Pa LEGEND &F1 ■ LIMITS OF APPLICATION �F SFA ® o COUNTY BOUNDARY LINE' EXISTING STRUCTURE k SFD EXISTING LOT T` EXISTING STREAM F,D,/ ` 'SF FLOODPLAIN SFO OPEN SPACE � � F _ SFD \ i O RECREATIONAL AMENITY , �• � ~ a •• A . ..... PROPOSED 4' LAKE ACCESS TRAIL o 6 • X. LAKE TRAIL PER MDP #06-00 / SFD SFD 1 \ ® PROPOSED BOAT LAUNCH (1) TYPE 1 ROAD (2) TYPE 2 ROAD'\ (3) TYPE 3 ROAD (4) TYPE 4 ROAD �•..\L\1�Y' -- Y `J F y (5) TYPE 5 ROAD_..®1' P ro FD (f coURTs SFD SINGLE FAMILY DETACHED LOTS ® ' 1- SFD II c / PICNIC \\SFD % F� • SITACE OPEN A . SFD e' CHED LOTS / rJ Ty\ SPACE ON DR. (A1 ` c SFD CFA] SINGLE FAMILY ATTA ® J / >4'� ` v �r mac. mot_ SFD SFD I cF` SFD 3 11� // c • • • • �� OPEN OP OPEN OPEN SFD I FD �� 1 . °4m • • SPACE \\ SPACE ` ` moo'• i Y- ;. OPEN / \ ® SPACE ono lwF UW SFD , /® rJJ�� V SFD SFD O o•' EMERGENCY 0 ACCESS �— \O(2p� p Oy ONLY a Q 1 / NOTES: I. PROPOSED LAKE ACCESS TRAIL SEGMENTS REFLECT APPROXIMATE LOCATIONS AND WILL BE DEFINED WITH SUBDIVISION DESIGN PLANS. 2. PROPOSED LAKE TRAIL TO BE LOCATED AS GENERALLY SHOWN PER VDGIF / APPROVAL. FINAL LOCATION OF SAID TRAIL TO BE DETERMINED WITH SUBDIVISION DESIGN PLANS AND WILL BE CONSTRUCTED PER STANDARDS ACCEPTABLE TO VDGIF. 3. SUBJECT TO HOA APPROVAL, THE IDENTIFIED COMMUNITY BUILDING WITHIN PHASE I MAY BE USED FOR COMMERCIAL PURPOSES EITHER IN ITS ENTIRETY OR IN PART AS PERMITTED BY THE R5 DISTRICT. Y Roy4 4. LOCATION OF WATER AND SEWER LINES ARE SHOWN WITH TYPICAL SECTIONS ON q� SHEET 2 OF 4. FRY s2 5. SWM/BMP LOCATIONS ARE CONCEPTUAL IN NATURE, FINAL FACILITY LOCATIONS, 2 SIZES, AND DESIGN WILL BE DEFINED WITH SUBDIVISION DESIGN PLANS. 6. BOUNDARIES OF AREAS DESIGNATED FOR SFD AND SFA LOTS MAY VARY TO J ACCOMMODATE FINAL SUBDIVISION DESIGN, BUT ONLY TO THE EXTENT POSSIBLE �/• ' ^ PURSUANT TO OPEN SPACE REQUIREMENTS. 7. A TOTAL OF THREE (3) BOAT LAUNCHES SHALL BE PROVIDED PURSUANT TO VDGIF O Z SPECIFICATIONS AND APPROVAL CONSISTENT WITH ESTABLISHED MEMORANDUM OF UNDERSTANDING. ONE (1) BOAT LAUNCH SHALL BE LOCATED AS GENERALLY SHOWN ON THE MDP CONSISTENT WITH PRIOR PROJECT APPROVALS. THE REMAINING W (2) O lf^ It o SHALL BE PROVIDED WITHIN THE PHASES INDICATED IN THE RECREATION UNIT SUMMARY ON SHEET 2 OF 4, WITH FINAL LOCATIONS AND ACCESS DETERMINED AT SUBDIVISION DESIGN PER VDGIF APPROVAL. V \ 8. EXISTING CONNECTIONS TO RACHEL CARSON DRIVE MAY BE REMOVED WITH PROVISION OF SUITABLE VEHICLE TURNAROUNDS ON COTTONTAIL DRIVE AND TUTELO LANE. 01 �/FRO@ PHASE, 2A\\ APPRPVED /rOf �XDPp 03r0 >7 0 4 \ EXISTING PROJECT ENTRANCE O tF\ W \`•.• �\ \\\ 0 1 pr `�:—��\IeREOER� �'�,/ p \sr�X O Of I--�j E111 ' Of SFD ..\ `.•`/ FaF COMMERCIAL Z �1 W \\\\\ \ FA Fo�re`'T \\\ r \ \ COMMERCIAL AREA Z '• \ \ \\ \ L/� (APPROVED WITH MDP#03-07, a F��y W \ W W \ \\ \\ \ \\\ O W Q • \\ .. \\\ \ \ \ \ \ .��/\✓""'/mac �\ c) \\ LAI E\\ 4REDERICK•\ \\ \ \ `\\\ \\� ` \\ ! / C/� W \ \\ (VIRGfIJIA. DEPARTMENTf— \� N J u \•i-`l, EXISTING ��•'\. I COMMUNITY CENTER, oP.� 1 \\ \ W POOL, AND J r :.\\•f\4Jyc./�c�,\ /�`'/ BATHHOUSE ILT `EXISTING Ty EXISTING \\' \\ \\ \ \\ i �02 'PO'•i ,� \5 CO. BUILD NIG WASTE WATER TREATMENT \\ \\\ \\\ J A. CODY FRANCIS Yn i �'l ; \ \ \ \ '\\ (S'EE�N�)' PLANT Lie. 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CODY FRANCIS > i U, No. 340914 ONAL PLAN STATUS 05/01/13 PER CWNTY COMMENTS BBR JAE CMM DESIGN DRAWN CHKD SCALE H: AS SHOWN y: JOB No. 6742-01-003 DATE DECEMBER 14, 2012 FILE No. 67442-D-ZP-001 SHEET V OF 6 STAFF REPORT i*Aft}r �yAl}r,}}1rrR 0 RESOLUTION OF THE FREDERICK COUNTY BOARD OF SUPERVISORS To consider individual master development plan revisions of Master Development Plan #01-13 for Shenandoah, enabling the developers (Landsdowne Development Group, LLC/MREC Shenandoah VA, LLC and Wheatlands LLC) to process master development plan revisions independent of one another Action: BOARD OF SUPERVISORS: August 14, 2013 X APPROVED ❑ DENIED WHEREAS, Landsdowne Development Group, LLC/MREC Shenandoah VA, LLC owns a substantial portion of the development known as Shenandoah which is zoned R-5 (Residential Recreational Community) District. The subject properties are located on the western side of Route 522 South (Front Royal Pike), south of Route 277 (Fairfax Pike) and east of Route 636 (Hudson Hollow Road). Existing primary access to this site is located on Route 522 South via Lake Frederick Drive, and are identified with Property Identification Numbers 87-A-103, 87-A- 103C, 87-A-102; and WHEREAS, Landsdowne Development Group, LLC/MREC Shenandoah VA, LLC has requested that the Board of Supervisors enable them to sever their land holdings from Wheatlands, LLC's landholdings which would allow the two landbays to process master development plan revisions independent of one another; and WHEREAS, The subject properties were rezoned to the R-5 (Residential Recreational Community) District in October of 1975; and WHEREAS, Master Development Plans were approved for this project in 1991, 2001. An administrative revision was also approved in 2007 that did not affect the location of the major collector road nor its intersection points; and WHEREAS, The processing of the Master Development Plan revisions to date have required the property owner approval signatures of both developers (Landsdowne Development Group, LLC/MREC Shenandoah VA, LLC and Wheatlands LLC), yet the revisions appear to only affect the land holdings of Landsdowne Development Group, LLC/MREC Shenandoah VA, LLC; and WHEREAS, It has been determined that enabling Master Development Plan revisions without the benefit of both developer's approvai will not affect construction of the PDRes. # 22-13 development; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Frederick County would be amenable to consider individual master development plan revisions for the residential and commercial landbays of the Shenandoah Development. This ordinance shall be in effect on the day of adoption. Passed this 14th day of August, 2013 by the following recorded vote: Richard C. Shickle, Chairman Nay Gary A. Lofton Aye Robert A. Hess Nay Robert W. Wells Aye Gene E. Fisher Nay Charles S. DeHaven, Jr. Aye_ Christopher E. Collins Aye PDRes. # 22-13 A COPY ATTEST Jahn KR) eyek unty Administrator E C E ,,u. o 2 1 F' MASTER DEVELOPMENT PLAN APPLICATION FORM yy�� - Department of Planning & Development Use Only — Application # b 13 Date Application Received: (- _ PC Meeting Date Z l ll l� BOS Meeting Date 7 If3 Fee Amount Paid $ 0 Initials: PP _ Receipt # SCE`.( a 1. Project Title: Shenandoah 2. Applicant: Name: Lansdowne Development Group, LLC Telephone: (703) 995-1849 Address: 2553 Dulles View Drive, Suite 400, Herndon, VA 20171 3. Property Owner (if different than above): Name: MREC Shenandoah VA, LLC Telephone: (703) 995-1849 Address: c/o Lansdowne Development Group, LLC 2553 Dulles View Drive, Suite 400, Herndon, VA 20171 4. Design Company: Name: Bowman Consulting Group, LTD. Telephone: (703) 443-2400 Address: 101 South Street SE, Leesburg, VA 20175 5. Please list names of all owners, principals, and/or majority stockholders: MRECV Shenandoah, LLC; Shenandoah Station Partners, LLC 6. Magisterial District: Opequon 10 j %. Property Location: The property is located west off of Route 522 just south of Route 277 and east of Route 636. (Give State Route # and name, distance and direction from intersection) 8. Is this an original or amended Master Development Plan? Original 1 Amended _�, Previous MDP# 03-07 9. Property Information: a) Property Identification Number (PIN): 87 A 103,87 A 103C, 87 A 102 b) Total Acreage: 648.09 AC, Rev. MDP (926.27 AC, overall) c) Current Zoning: R5 d) Present Use: Vacant e) Proposed Uses: Residential 10. If residential uses are proposed, provide the following: a) Density: 2.29 DU/acre (overall) b) Number of Units: 1,900 units, Rev. MDP (2,130 units, overall) c) Housing Types: Single Family Detached 6 Single Family Attached 11. Adjoining Property use and zoning: USE North Residential or Vacant East South West Residential or Vacant Residential or Vacant Agriculture or Vacant ZONING RA RA RA RA I have read the material included in this package and understand what is required by the Frederick County Department of Planning and Development. I also understand that the master development plan shall include all contiguous land under single or common ownership. All required material will be complete prior to the submission of my master development plan application. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. c Applicant(s): Date: (3 Date: Owner(s): Date: Date: Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents: That I (We) (Name) MREC Shenandoah VA, LLC c/o Lansdowne Development Group, LLC (Phone) (703) 995-1849 (Address) 2553 Dulles View Drive, Suite 400, Herndon, VA 20171 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 130006454 on Page 0411 Parcel: Se.Nl.z Lot: S..—.h Block: Section do hereby make, constitute and appoint: (Name) Bowman Consulting Group, Ltd. and is described as Subdivision: (Phone) (703) 443-2400 (Address) 101 South Street SE, Leesburg, Virginia 20175 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: Rezoning (including proffers) _Conditional Use Permit �✓ Master Development Plan (Preliminary and Final) Subdivision �✓ Site Plan Variance or Appeal My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: N/A This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) have hereto set m our) hand and seal this) day of,�� , 201, Signature(s) State of Virginia, City/County of L ,t, CtA_ , To -wit: 1,4U'C1CJ?__ —i—rl' ( �,a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to t146`" : r''strument �rsonally appeared before me and has acknowledged the same before me in the jt�i fitr#p j r �ttthiO —day of J _r�,c�, 20 13 . PUBLIC '•.O REG # 291706 Z �-- _ NMy Smmission Expires: flit V 3 it _xI Notary Public h0 EXPIRES 3/31/2016 i:.'1tALTH UT .% Adjoining Property Owners MASTER DEVELOPMENT PLAN Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the I st floor of the Frederick County Administration Building, 107 North Kent Street. Name and Property Identification Number Address Name MREC SHENANDOAH INVESTMENT LLC C/O LANSDOWNE DEVELOPMENT GROUP LLC 2553 D U L L E S VIEW DR STE 400 HERNDON VA 20171 Property#87B 1 5 132A NameMUNGER STEVEN F 108 TATTERSALL CT STEPHENS CITY VA 22655 Property#86 A 273H NameCAMPBELL JOHN 1895 HUDSON HOLLOW RD STEPHENS CITY VA 22655 Property # 86 A 273 Name GIBSON BOBBY W & GLADYS E 1883 HUDSON HOLLOW RD STEPHENS CITY VA 22655 Property#86 A 273C NameGOLLIDAY LARRY S & BONNIE M 1787 HUDSON HOLLOW RD STEPHENS CITY VA 22655 Property#86 A 273B Name DOVELL DANIEL A 1748 HUDSON HOLLOW RD STEPHENS CITY VA 22655 Property # 86 A 272 NameWHITMAN ROY G & TARA F 1584 HUDSON HOLLOW RD STEPHENS CITY VA 22655 Property#86 A 223 Name LEWIS HARVEY OTIS ETALS 1633 HUDSON HOLLOW RD STEPHENS CITY VA 22655 Property#86 A 220 Name MAXJO LC 115 MASSIE LN STEPHENS CITY VA 22655 Property#86 A 218 12 Name and Property Identification Number Address NameMADISON FARMS LLC 558 BENNYS BEACH RD FRONT ROYAL VA 22630 Property # 87 A 15 NameGIBSON MONTIE W JR 101 CAHILLE DR WINCHESTER VA 22602 Property # 87 A 16B NameASHWOOD BONNIE G & SHERYL R TAYLOR 586 PINE GROVE RD STRASBURG VA 22657 Property # 87 A 96 Name BOLYARD GARY A 97 FOREST RD FRONT ROYAL VA 22630 Property # 87 A 101 NameCLARK ROGER G 205 MOORE DR BERRYVILLE VA 22611 Property # 87 A 100 Name LEE FLOYD L & SHIRLEY J 1908 FAIRFAX PIKE WHITE POST VA 22663 Property # 87 A 99 Name LEE FLOYD L & SHIRLEY J 1908 FAIRFAX PIKE WHITE POST VA 22663 Property # 87 A 98 NameALPHONSE LAURIE 2430 BERRYVILLE PIKE LOT 40 WINCHESTER VA 22603 Property#87 A 97 NameTOUSET JOSE A 103 KAY CT WINCHESTER VA 22602 Property #87 A 97A Name CATLETT STELLA M 1954 FAIRFAX PIKE WHITE POST VA 22663 Property # 87 A 96A Name SANDY MELVIN RICHARD & ETHYL L PO BOX 432 STEPHENS CITY VA 22655 Property#87 A 95B NameSANDY OR SLONAKER LLC 109 OAK RIDGE DR STEPHENS CITY VA 22655 Property#87 A 95D Name BENTON SADIE M TRUSTEE 4109 MILLWOOD ROAD CHESTER VA 23831 Property#27 A 12 (CLARKE COUNTY) NameGROVE EUGENE F JR & SALLY JO 320 VICTORY RD WINCHESTER VA 22602 Property#27 A 14 (CLARKE COUNTY) 13 Name and Property Identification Number Address Name VIRGINIA DEPARTMENT OF HIGHWAYS P.O. BOX 2249 STAUNTON VA 24402 Property#27 A 11 (CLARKE COUNTY) Name WILSON CLEVLAND & GLORIA J SETTLE 4238 STONEWALL JACKSON HWY WHITE POST VA 22663 Property#27 A 15 (CLARKE COUNTY) Name RITTER BOYD D 4436 FRONT ROYAL PIKE 1 WHITE POST VA 22663 Property # 87 A 107 Name MREC SHENANDOAH INVESTMENT LLC C/O LANSDOWNE DEVELOPMENT GROUP LLC 2553 DULLES VIEW DR STE 400 HERNDON VA 20171 Property#87B 2 1 218 Name MREC SHENANDOAH INVESTMENT LLC C/O LANSDOWNE DEVELOPMENT GROUP LLC 2553 DULLES VIEW DR STE 400 HERNDON VA 20171 Property#87B 2 1 219 Name MREC SHENANDOAH INVESTMENT LLC C/O LANSDOWNE DEVELOPMENT GROUP LLC 2553 DULLES VIEW DR STE 400 HERNDON VA 20171 Property #87B 2 1 220 Name MREC SHENANDOAHINVESTMENT LLC C/O LANSDOWNE DEVELOPMENT GROUP LLC 2553 DULLES VIEW DR STE 400 HERNDON VA 20171 Property#87B 2 1 221 Name MREC SHENANDOAH INVESTMENT LLC C/O LANSDOWNE DEVELOPMENT GROUP LLC 2553 DULLES VIEW DR STE 400 HERNDON VA 20171 Property#87B 2 1 222 Names MREC SHENANDOAHINVESTMENT LLC C/O LANSDOWNE DEVELOPMENT GROUP LLC 2553 DULLES VIEW DR STE 400 HERNDON VA 20171 Property#87B 2 1 223 Name MREC SHENANDOAHINVESTMENT LLC C/O LANSDOWNE DEVELOPMENT GROUP LLC 2553 DULLES VIEW DR STE 400 HERNDON VA 20171 Property#87B 2 1 224 Name MREC SHENANDOAH INVESTMENT LLC C/O LANSDOWNE DEVELOPMENT GROUP LLC 2553 DULLES VIEW DR STE 400 HERNDON VA 20171 Property#87B 2 1 225 Name MR EC SHENANDOAH INVESTMENT LLC C/O LANSDOWNE DEVELOPMENT GROUP LLC 2553 DULLES VIEW DR STE 400 HERNDON VA 20171 Property#87B 2 1 226 Name MREC SHENANDOAH INVESTMENT LLC C/O LANSDOWNE DEVELOPMENT GROUP LLC 2553 DULLES VIEW DR STE 400 HERNDON VA 20171 Property# 87B 2 1 228 Name MREC SHENANDOAH INVESTMENT LLC C/O LANSDOWNE DEVELOPMENT GROUP LLC 2553 DULLES VIEW DR STE 400 HERNDON VA 20171 Property# 87B 2 1 192 13 Name and Property Identification Number F Address Name MRECSHENANDOAHINVESTMENT LLCCIO LANSDOWNEDEVELOPMENT GROUP LLC 2553 DULLES VIEW DR STE 400 HERNDON VA 20171 Property# 87B 2 1 228A Name COMMONWEALTH OF VIRGINIA -DEPT OF GAME & INLAND FISHERIES 4010 W BROAD ST RICHMOND VA 23230 Property#87 A 103B Name KNOWLES PARTNERSHIP LC 1757 TEMPLETON LANE VIRGINIA BEACH VA 23454 Property#27 A 18 (CLARKE COUNTY) NameHEADLEY JAMES Q & DARLENE C 4486 FRONT ROYAL PIKE WHITE POST VA 22663 Property # 87 A 105A Name HEADLEY JAMES Q & MICHAEL A 4488 FRONT ROYAL PIKE WHITE POST VA 22663 Property # 87 A 105 Name HEADLEY KATHY A 4490 FRONT ROYAL PIKE WHITE POST VA 22663 Property # 87 A 103A Name BATES LEA FARM LLC 4581 STONEWALL JACKSON HWY WHITE POST VA 22663 Property#35 A 1 (CLARKE COUNTY) Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # 13 *14 REQUEST FOR MASTER DEVELOPMENT PLAN COMMENTS Virginia Department of Transportation Mail to: Virginia Department of Transportation Attn: Resident Engineer 14031 Old Valley Pike Edinburg, Virginia 22824 Phone: (540) 984-5600 Hand deliver to: Virginia Department of Transportation Attn: Resident Engineer 2275 Northwestern Pike Winchester, Virginia 22603 Applicant: It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Please -attach three (31.copies of the Master Development Plan with this sheet Applicant's Name: Lansdowne Development Group, LLC Telephone: 703-443-2400 Mailing Address: Go Bowman Consulting Group, LTD. Attn: Josh Elkins 101 South St SE, Leesburg, VA 20175 Name of development and/or description of the request: Shenandoah Location of Property: The property is located west off of Route 522 just south of Route 277 and east of Route 636 Virginia Department of Transportation Comments: .SEE F�rAiL 6?on4 ZWV10 47 waO p Z A, A M 20/3 PCEASE 8RbymE .4 Slcu ^Zw PDF LaP✓ OF T � A�� -VDOT USE ONLY - Date Received jb- 11j Review Number 1 2 3 4 5 (circle one) Date Reviewed _OW[3 Revision Required ,k Date Approved 04&213 VDOT Signature & Date:/J�/Zoe ** Please -Return Form to;Appllcant** 18 Chris Mohn From: Atwood, David (VDOT) <David.Atwood@vdot.virginia.gov> Sent: Thursday, May 16, 2013 1:58 PM To: Chris Mohn Cc: Smith, Matthew, P.E. (VDOT); Funkhouser, Rhonda (VDOT); Bishop, John. (VDOT) Subject: Shenandoah MDP - VDOT Review Attachments: County Form 051613.pdf COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION Staunton/Edinburg Land Development 14031 Old Valley Pike Edinburg, VA 22824 Chris, A VDOT review has been conducted for the Shenandoah Master Development Plan dated 5/1/13 that was received in our office on 5/7/13. Based off of the review of the Drawings, all of the previous VDOT comments have been addressed and the Plan is approved by our office. Please provide a signed set of drawings in electronic pdf format for our records. We look forward to the opportunity to review the project in further detail, including evaluating existing portions of Rachel Carson Drive for secondary street acceptance, during the Site Plan Submission process. If you have any questions or need further information, please do not hesitate to contact this office. Sincerely, David B. Atwood, P.E. VDOT ( Land Development Engineer Clarke, Frederick, Shenandoah, & Warren Counties 14031 Old Valley Pike I Edinburg, VA 22824 Phone # (540) 984-5630 1 Fax # (540) 984-5607 ''+SEC-28-2012 1 3 From: To 7034432425 Page:1/2 Control number MDP12-0003 Project Name Shenandoah Address 101 South St SE Type Application Master Development Plan Current Zoning R$ Automatic Sprinkler System Yes Other recommendation Emergency Vehicle Access Not Identified Siamese Location Not Identified Emergency Vehicle Access Comments Access Comments Additional Comments Plan Date received 12/le/2012 City Leesburg Tax ID Number County Fire Department :e of the Fire Marshal Review and Comments I Date reviewed Date Revised 12/26/2012 Applicant Lansdowne Development Group, LLC State Zip Applicant Phone VA 20175 703443-2400 Fire District Rescue District 11 11 Recomm ndations Automatic Fire Ala System RegWn Hydrant Local Not Identified Roadway/Aisle Adequate Plan Approval Recommended Reviewed By Yes Kenneth Scott ►y Width Election District Residential Sprinkler System Yes Fire Lane Required Yes Special Hazards No NEC-28-2012 1' 3 From: To 7034432425 Pa9e:2/2 REQUEST FOR MASTER DEVELO Frederick County Fire Mail to: Frederick County Fire Marshal Attn: Fire Marshal 1800 Coverstone Drive Winchester, Virginia 22602 PLAN COMiM1jENTS Comment Hand deliver to: Public Safety Building 1800 Coverstone Drive Winchester, Virginia 22602 Phone: (540) 665-6350 Applicant: It is your responsibility to complete this forth as accurately as possible in order to assist the agency with their review. Please attach twn (?1 rnntee -F+r,o *d--- Applicant's Name: Lansdowne Development Group LLC 'Telephone: 703A43-2400 Mailing Address: cJo Bowman Consulting Groijp. LTD. Attn: Josh Elkins 101 South $t 5E. Leesburg, VA 20175 Name of development and/or description of the request: Shenandoah Location of Property: The property is located west off of Route 522 lust south of R OUte 277 and east of Route 636 Fire Marshal Comments,- -FREDERICK CO TY FIRE MARSHAL USE ONLY - Date Received /$' /?-- eview Number 1 2 3 4 5 (circle one) Date Reviewed Z I Revision Required ate Approved 2' Signature & Date. ** Please iR�turn Form to Applicant** 22 REQUEST FOR MASTER DEVELOPMENT PLAN COMMENTS Frederick County Sanitation Authority Comment Mail to: Hand deliver to: Frederick County Sanitation Authority FCSA Attn: Engineer 315 Tasker Road P.O. Box 1877 Stephens City, Virginia 22655 Stephens City, Virginia 22655 Phone: (540) 868-1061 Applicant: It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Please attach two (2) copies of theMaster Development Plan with this sheet Applicants Name: Lansdowne Development Group, LLC Telephone: 703-443-2400 Mailing Address: c/o Bowman Consulting Group, LTD Attn: Josh Elkins 101 South St SE, Leesburg, VA 20175 Name of development and/or description of the request: Shenandoah Location of Property: The property is located west off of Route 522 just south of Route 277 and east of Route 636 FCSA Comments: � V F,n 0 Date Received Date Reviewed Revision Required Signature & Date: Review Number 1 2 Date Approved .t"Ut li l','J 5 (circle one) J ** Please ReturnYorm to Applicant** 23 REQUEST FOR MASTER DEVELOPMENT PLAN COMMENTS Frederick County Frederick County Inspections Department Comment Mail to: Frederick County Inspections Department Attn: Building Official 107 North Kent Street, Winchester, Virginia 22601 Hand deliver to: Frederick County Inspections Dept. 107 North Kent Street, 2nd Floor Winchester, Virginia 22601 Phone: (540) 665-5650 Applicant: It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Please attach two (2) copies of the Master Develoument Plan with this.sheet Applicant's Name: Lansdowne Development Group, LLC Mailing Address: Go Bowman Consulting Group, LTD. Attn: Josh Elkins 101 South St SE, Leesburg, VA 20175 Name of development and/or description of the request: Shenandoah Telephone: 703-443-2400 Location of Property: The property is located west off of Route 522 just south of Route 277 and east of Route 636 -FREDERICK COUNTY INSPECTIONS DEPARTMENT USE ONLY - Date Received Review Number 1 2 3 4 5 (circle one) Date Reviewed Revision Required Date Approved / Signature & Date: ** Please: urn Form to Applicant** 20 REQUEST FOR MASTER DEVELOPMENTPLAN. COMMENTS Frederick County Public Works Comment Mail to: HandAeliver.io: Frederick County PublicVorks.Department PublicWorks Department Attn: County Engineer 107 NortlicKent Street, 2nd Floor 10TNorth Kent=.Street, Winchester, Vifgi' 22601 Winchester, Virginia 22601 Phone: (540) 665,-5643 Applicant: 4.-Js your responsibil ty;to complete xhts;fotm asYaccuratelyas p s7 ible-in.order.to,assist the-, agency with their• ieyiew t,Please.- ach 1wo(2Lc66ies of the Master•-,Development+P.laWwithtthissheet:r Applicant's Name: Lansdowne Development -Group, LLC Telephone: 703-443-2400 Mailing Address: c/o Bowman Consulting Group, LTD. e r E 0 Attn: Josh Elkins 101 South.St.SE; Leesburg, VA 20175 A L L 0� A I E D y_ 1Name of development and/or description of the request: E M A I L E 0 Shenandoah Location of Property: The property is located west off of Route 522 just south of Route 277 and east of Route 636 Public Works Comments: jI ei�Oy✓' ol'vidvf caozo2orfi heee ljla, Q .i/✓SS Date Received mot.. -FREDERICK COUNTY PUBLIC WORKS USE.ONLY- Review Number 1 2 3 4 5 (circle:one). x; Please,!Mblrn F6r'n to Applicant**4 F7 t From: - 06/6,_-2i013 15:52 #486 P.002/002 REQUEST FOR MASTER DEVELOPMENT PLAN COMMENTS Frederick County Parks and Recreation Continent : Mail o ��.. Hand deliver to: Frederick County 107 North Kent Street Department of Parks & Recreation Second Floor 107 North Kent Street Winchester, Virginia 22601 Winchester, Virginia 22601 Phone: (540) 665-5678 Applicant; It is your responsibility to complete this foam as accurately as possible in order to assist the agency with their review. Please attach onh (1) copy.of the Nester Development Plan with'this sheet . Applicants Name: Lansdowne Development Group, LLC Telephone: 703443-2400 Mailing Address: c/o Bowman Consutting Group, LTD. Attn: Josh Elkins 101 South St SE, Leesburg, VA 20175 Name of development and/or description of the request: Shenandoah Location of Property: The property is located west off of Route 522 just south of Route 277 and east of Route 636 Parks qxt��ltecreation Comments: TMW�—-FREDERICK COUNTY PARKS AND RECREATION USE ONLY_ Date Received Review Number 1 2 3 4 5 circle one) Date Reviewed Revision Required Date Ap roved { 5tgnatuie & J7ate E t e r f y" `""Please Retalrn E'a>s`ati to Applicant"' z - 24 WiA .A REQUEST FOR MASTER DEVELOPMENT PLAN COMMENTS Virginia Department of health Comment Mail to: Virginia Department of Health Attn: Sanitation Engineer 107 North Kent Street Winchester, Virginia 22601 Hand deliver to: 2° Floor — Suite 200 107 North Kent Street Winchester, Virginia 22601 Phone: (540) 722-3480 Applicant: It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Please attach one f 11 copy of the Master Development Plan with this sheet Applicants Name: Lansdowne Development Group, LLC Telephone: 703-443-2400 Mailing Address: do Bowman Consulting Group, LTD. Attn: Josh Elkins 101 South St SE, Leesburg, VA 20175 Name of development and/or description of the request: Shenandoah Location of Property: The property is located west off of Route 522 just south of Route 277 and east of Route 636 VDH +CLomments: l�-��t l/tuA�F..i4'nt �aS !10 d �•r(t'on5 ti2.f�1�.-.ti�ll[pl'c ...•�.�Y' �n�! � bar �?+ ��� %,'zed( -VIRGINIA DEPARTMENT OF HEALTH USE ONLY - Date Received Review Number 1 2 3 4 5 (circle one) Date Reviewed Revision Required Signature & Date: ** Please Return Forth to Applicant** 25 t RECEIV �� 0 �r Clarke County Planning Department 101 Chalmers Court, Suite B E Berryville, Virginia 22611 arH� •• (540) 955-5132 February 22, 2013 Josh Elkins Bowman Consulting Group, LTD 101 South St SE Leesburg, VA 20175 Dear Mr. Elkins: Staff has completed our courtesy review of the Shenandoah Amended Master Development Plan (dated December 14, 2012). Per our recent telephone conversation, you indicated that the Amended Master Development Plan was being submitted for review in Frederick County primarily to remove an age restriction requirement but also to make some design changes that would include a reduction in the residential density. You also indicated that no subdivision activity or changes in your development plan would take place on any properties in Clarke County. We have no comments specific to the Amended Master Development Plan. However, we do request the opportunity to review and comment on any future stormwater management plans that are submitted for this project in order to determine any impacts on Clarke County properties. If you have questions or concerns, please do not hesitate to contact me at 955-5130 or via email at bstidham�clarkecounty_gov. Sincerely, Brandon Stidham Planning Director Cc: Eric Lawrence, AICP (Frederick County Planning Director) t REQUEST FOR MASTER DEVELOPMENT PLAN COMMENTS Information Technologies Geographic Information Systems (GIS) Division Mail to: Frederick County Information Technologies GIS Division 107 North Kent Street Winchester, VA 22601 (540)-665-5600 Hand deliver to: Frederick County information Technologies GIS Division 107 North Kent Street Winchester, VA 22601 (540)-665-5600 Applicant. It Is your responsibility to complete this form as accurately as possible In.order, to assist the agency with their re«iew. Please attach one 0) copy of the Master Dearclopmcnt Plan with this�shect. Applicants Name: Lansdowne Development Group. LLC Mailing Address: c/o Bowman Consulting Group. LTD. Attn: josh Elkins 101 South Street, SE, Leesburg. VA 201775 Name of development and/or description of the request: Shenandoah Telephone: 703-443-2400 Location of Property: The property is located west off of Route 522 just south of Route 277 and east of Route 636 Congents: -INFORMATION TECHNOLOGIFS GFOGRAPHIC INFORMATION SYSTEMS (GlS) DIVISION USE ONLY - Date Received Review a013 Review Number 1 20 4 5 (circle one) Date Reviewed G Revision, Required o Dote Approved Signature & Date:0 Please°Retur"Thls-Form to_thc Applicant _ 33 It N INFORMATION TECHNOLOGIES COUNTY OF FREDERICK, VIRGINIA W E STREET NAME COMMENTS MDP REVIEW S DATE: June 19, 2013 SUBDIVISION: Shenandoah STAFF MEMBER: Andrew Farrar, GIS Technician APPLICANT: Bowman Consulting Group, LLC ATTN: Josh Elkins 101 South Street, SE Leesburg, VA 20175 COMMENTS: Final road naming will be determined during subdivision review. The Frederick County Department of GIS has reviewed the requested road names for use in the subdivision and has made the following determinations: 1. The following road names have been APPROVED and ADDED into the Frederick County Road Naming and Structure numbering system: Abercorn Way Bayhill Dr Frederick County Information Technologies, 107 North Kent Street, Winchester, VA 22601, (540)665-5614 1N Air l� FAX COVER SHEET TO: Fie, C7 k V) ORGANIZATION: e I.a B w ly�t�... yr � � 115 �? ✓t""�7�fr1C.� � rC� V Cr'�i� PAX NUMBER OF RECIPIENT : � O � Li 4q -3 — 2— 't" f FROM: Albert L. Qrndoref, Assistant superintendent for Administration Frederick County Public schools 1415 Amherst Street P.O. Box 350E Winchester, VA 22604 (540) 662-3889 (FCPS Switchboard) (540) 662-3889, ext. 88100 (Direct Line) (540) 662-3889; ext. 88101 (Sharon Nellis Ritenour, Sectetaxy) (540) 722-2788 Admin. Fax DATE: 2C t TQTAL PAGES (INCLUDING CO'VE11): MESSAGE: r &-Izp c) rl;F The Information in this facsimile is confidential Information Intended for the use of the Individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copy of this communication is strictly prohibited. If you have received this communication in error, ploase immedlately natlfy us by telephone .;end return the original message to us at our expense to the above address via U.S, Mail. Thank you. JLNi�-20-2013 11:2 -rom: To. 3 443 2425 P.2/2 REQUEST FOR MAS'l':l.:lt :I);i+.VTLOP:M:IEN"I' >r I AN COM:M`ENTS Superintendent of Fredericle County .Public Schools Mail to: FrederiCIC County Public Schools Attn: Superintendent P.O. Box 3508 Winchester, Virginia 22604 (S40) 662-3888 Ehantl deliver to: 1°rederick County Public Schools Attn: SulaCrintendent School Administration .Building 1415 Amherst Street Winchester, Virgini.0 Ap'plicout::it is your rosponsibility to coniplcte. this form as accurately pas possible in order to assist Clio agency wrl,h tb�rr review, .I? .a• Applicant's Nftn7e: Lansdowne Devolopmont Group, LLC Telephone: 703-443.2400 Mailing Address: c/o Bowman Consulting Group, LTD. -.. Attm Josh Elkins 101 South Street, $.E , Leesburg, VA 20175 Nanie of development and/or description of the request: Shenandoah .110cation of Property: The Property is locatod west off of Route 422 just south of Route 277 and east of Route 636 Superintendent ol"Public Scho(3ls' Cominen.ts: No additional comments at this time. -F REDERICK COUNTY PUBLIC SCI-10O IS USE: ONLY- D atc Received .Review Number 1 2 3 4 5 (circle ono) Date Reviewed Revision Regoired.._ Bate Approved Signature & MCC: 4.) Ncttiaa.t;n:$p�lirtml:l�umuniril'artclglit�l°Iaa���;l2etnr+n.Tttia�:IP�nm;I,taUh�.• ,fir )o-i :!1f';t i,'a�Fa; .;:,..:i'.:'i _., _�:;•: i y 5 i ' ,..L,:{.,? ;;, .. ..'I. i " ..r; ;;:. Yi:> ) 33 REQUEST FOR MASTER DEVELOPMENT PLAN COMMENTS Frederick County Department of Planning & Development Mail to: Frederick County Department of Planning & Development 107 North Kent Street, Winchester, Virginia 22601 Phone: (540) 665-5651 Hand deliver to: Frederick County Department of Planning & Development 107 North Kent Street, 2"d Floor Winchester, Virginia 22601 Applicant: It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Please attach two (2) copies of the Master Development Plan with this sheet Applicants Name: Lansdowne Development Group, LLC Telephone: 703-443-2400 Mailing Address: Go Bowman Consulting Group, LTD. Attn: Josh Elkins 101 South St SE, Leesburg, VA 20175 Name of development and/or description of the request: Shenandoah Location of Property: The property is located west off of Route 522 just south of Route 277 and east of Route 636 Department of Planning & Development Comments: Date Received _ Date Reviewed _ Revision Required Signature & Date: -PLANNING DEPARTMENT USE ONLY - Review Number 1 2 3 4 5 (circle one) Date Approved ** Please Return Form to Applicant** 19 �3�Go N�pO.n Clarke County Planning Department _ 101 Chalmers Court, Suite B Berryville, Virginia 22611 o (540) 955-5132 exit► �° February 22, 2013 Josh Elkins Bowman Consulting Group, LTD 101 South St SE Leesburg, VA 20175 Dear Mr. Elkins: F E 5 2 5 2013 Staff has completed our courtesy review of the Shenandoah Amended Master Development Plan (dated December 14, 2012). Per our recent telephone conversation, you indicated that the Amended Master Development Plan was being submitted for review in Frederick County primarily to remove an age restriction requirement but also to make some design changes that would include a reduction in the residential density. You also indicated that no subdivision activity or changes in your development plan would take place on any properties in Clarke County. We have no comments specific to the Amended Master Development Plan. However, we do request the opportunity to review and comment on any future stormwater management plans that are submitted for this project in order to determine any impacts on Clarke County properties. If you have questions or concerns, please do not hesitate to contact me at 955-5130 or via email at bstidham@clarkecouniy.gov. Sincerely, Brandon Stidham Planning Director Cc: Eric Lawrence, AICP (Frederick County Planning Director) COUNTY of FREDERICK i Thomas Moore Lawson, Esq. April 5, 2013 Page 2 Bowman 0 N May 2, 2013 Ms. Candice E. Perkins, AICP Senior Planner Department of Planning and Development Frederick County 107 N. Kent Street Winchester, VA 22601 RE: Shenandoah MDP PINs 87-A-103, 87-A-103C, and 87-A-102 BCG Project #6742-01-003 Dear Ms. Perkins: We have received various agency comments and offer the following in response. Comments from Department of Planning and Development dated February 13, 2013 Preliminary Review Comments " 2030 Comprehensive Plan. This development is contained in the Route 277 Triangle and Urban Center Plan. The land use plan shows the South Frederick Parkway through a portion of the site. This improvement needs to be accounted for on the MDP. " Response: Comment acknowledged. The Route 277 Triangle and Urban Center Plan shows the general location of future South Frederick Parkway crossing the northernmost portion of the Shenandoah site. A plan sheet has been added to the MDP depicting a conceptual alternative location of South Frederick .Parkway that will ensure its future viability while accommodating the planned Shenandoah development (see Sheet 6 of 6). 2. 'Age Restricted Development. This development has been previously approved as an age restricted development, which allowed for the construction of private streets. The revised MDP no longer calls for age restricted housing and the use of public streets is required. Therefore, this lvfDP is not in conformance with the Zoning and Subdivision Ordinances. " Response: Comment acknowledged. The MDP has been revised to provide public streets within the areas proposed for non -age restricted housing, which is generally the portion of the project on the east side of the lake. Specifically, section details for the required public streets have been added to the MDP (see Sheet 2 of 6), which correspond to a transportation sheet specifying applicable section types by road segment as well as projected VPD. Private streets will still serve the age restricted phases of the project, as well as sections of single family attached lots, as permitted by the Zoning and Subdivision Ordinances. Bowman Consulting Group, Ltd. 101 South Street, SE o Leesburg, Virginia 20175 Phone: 703.443.2400 ^ Fax: 703.443.2425 ° bowmanconsulting.com Ms. Candice .--�rkins May 2, 2013 Page 2 of 7 3. "Approved MDP Notes. All previous MDP approvals have consisted of a list of MDP notes (see sheet 11 of the approved 2007 MDP). These notes have not been included with this revision. The notes need to be provided, or documentation as to why the notes no longer apply. " Response: Comment acknowledged. Much of the content of the referenced notes no longer applies to the proposed development program, and is not required by applicable ordinances. In particular, the development program will no longer be limited to age restricted dwellings, and the Applicant does not intend to provide sites for public school or fire and rescue facilities. Other notes address items administered through current standards of the Zoning and/or Subdivision Ordinances, and are therefore captured by the content of the MDP itself or will be implemented through subsequent subdivision design plans and corresponding construction drawings (i.e. entrance phasing, streetlights, public water/sewer). Moreover, items involving VDGIF property will be implemented and managed pursuant to the recorded MOU with VDGIF, and arguably do not require restatement on the MDP. Indeed, the standard notes of the MDP reference the MOU and the need to secure VDGIF approval for particular development features, which should be sufficient to ensure awareness of its existence and applicability. Due to these considerations, the "final notes" included with prior versions of the Shenandoah MDP are not necessary or appropriate with this application. =1. "General ;'Votes. On the coversheet, address the following: 1) provide a note that states all utilities must be underground, 2) provide the total number of units within the development and the overall density. " Response: A note has been added to the General Notes to state that all utilities must be installed underground as requested (see Note 8, Sheet I of 6). Moreover, Note 4 has been revised to specify the total number of units within the development and overall density. �. "Shenandoah Properties. All properties within the Shenandoah development must be included with ;his MDP submission, as the Board of Supervisors has not authorized this development to be separated. (Wheatlands 94-A-1, all HOA owned properties, etc.). "' Response: Comment acknowledged. A request to sever land bays will be submitted under separate cover. 6. "Commercial Land Areas. The Zoning Ordinance requires the MDP to show all proposed commercial areas. Therefore, they must be labeled and Note 45 on sheet is no longer permissible (Showing it striped per the 2007111I)P is acceptable). " Response: The MDP has been revised to identify future commercial areas and the subject note has been removed, as requested. "Open Space Percentage. The open space percentage shown in the table on sheet 2 does not reflect the requirements of § 163- 502. 0?F. " Ms. Candid: , erkins Ma 2. 2013 Pa«- .3 of 7 Response: Comment acknowledged. The referenced table on Sheet 2 has been revised to calculate required open space for both age restricted and non -age restricted areas per Section 165-502.05F. 8. "Road Classifications. Two of the three road classifications shown on sheet 2 do not reflect previous MDP approvals and are not in compliance with the private road classifications permissible in the R5 District 6for age -restricted communities). Also, the use osprivate streets will not be permitted within this development unless it is shown as age restricted. See 165-502.05K. Rolled curb will not be permitted for new streets within the development; all streets must have curb and gutter as required by 165-502.05L. " Response: The MDP has been revised to ensure consistency with previously approved private road sections. It is noted that the Type 3 section has been refined to include a 5' sidewalk on both sides of the road, and both the Type 1 and Type 3 sections have been updated to include curb and gutter as required by Section 165-502.05. Moreover, the width of the hiker/biker trail has been reduced from 10' to 6' on the Type 1 section. With the exception of these refinements, the private street sections are fundamentally the same as those approved with prior applications, both MDPs and subdivision design plans. As noted in a previous response, the MDP has been revised to provide public streets within the non -age restricted areas of the community, with private streets shown only in age -restricted land bays. -Existing Sections. Label all existing roads, provide the road classifications for each road and label all areas of open space in each section. " Response: The MDP has been revised to label the classification of each road and areas of open space, as requested. 10. ".Hiker./Biker Trail Detail. Indicate why the hiker/biker trail has been decreased to six feet from ten feet. Portions of this development have already been constructed utilizing a ten foot path. " Response: The Applicant has opted to reduce the width of the hiker/biker trail along Rachel Carson Drive to partially off -set the increase in impervious surface area resulting from implementation of public road standards within the non- age restricted portion of the project and provision of sidewalks on both sides of all internal streets. The Applicant is confident that 6' of pavement is sufficiently wide to accommodate pedestrian and cyclist use. 11. "Recreational Units and Housing Types. The MDP shows 2,056 units and 68.53 total recreational units. Indicate the type of single family detached units that will be utilized. If single family small lot is proposed (consistent with existing development), additional recreational units are required (165-402.8). " Response: The updated development program assumes that all single family detached units will be regulated pursuant to the requirements of the single family small lot housing type, and will therefore be subject to the community center requirement and its corresponding recreational unit standard. The recreational unit tabulation has been revised to reflect this requirement, applying recreational unit ratios of four (4) per 30 single family small lot Ms. Cand:cc : erKMS May 2, 2013 Page 4 of 7 dwellings and one (1) per 30 townhouse dwellings. As a result, the cumulative total of required recreational units increases from 68.53 to 215.53. Note that the table of provided recreational units breaks out the multiple components intended to comprise a community center complex that together satisfy the corresponding recreational unit requirement for such facilities. These components include, but are not limited to, community building, outdoor pool and bathhouse, and play courts. The details of the community center complex will be specified with subdivision design to demonstrate conformance with applicable ordinance standards. 12. "Buffers. All applicable zoning district, road efficiency and internal separation buffers need to be shown on sheet 4 of the MDP (the previously approved waivers no longer apply unless the con,ununity is age restricted). " Response: Pursuant to recently amended ordinance requirements, none of the referenced buffers are applicable to the project. It is noted that a road efficiency buffer is not provided adjacent to Rachel Carson Drive as it is appropriately classified as a minor collector road (urban collector, 30 MPH design speed). Such classification is appropriate given its primary purpose is the collection and movement of internal residential trips to the exterior network of major collector and arterial ro,5Aways. 13. -`RV Boat Storage. Indicate where the access will be for this area and ensure it meets the size ma:riniurn. The -buffer requirement needs to be shown for this area as well. - Response: The referenced storage area has been removed from the MDP. It is noted that this amenity may be revisited with a subsequent MDP revision, at which time size, acces,s and buffering would be specifically addressed. 14. J,DGIF Property and Boat Launches. Provide documentation that VDGIF is allowing the insiallation of the trails along the lake as well as the construction of the boat launches. Also, provide documentation that Lansdowne will be assuming the -responsibilities contained under the VDGIF ;WOU that was executed in 2001 between Dogwood Development Group and the ?/DGIF. Indicate. if VDGIF allows the assumption of the obligations from the MO[.! or if they require a revised and updated MOU with the new owners. " Response: The subject MOU is recorded in the land records of Frederick County and conveys to the successors of Dogwood Development Group. As such, the Applicant will be obligated to complete any outstanding improvements to VDGIF property as specified by the MOU, to include the lake trail and boat launches, and will further be subject to implementation of water quality protection measures. Moreover, the .Applicant will post a performance bond in the amount of one million dollars ($1,000,000.00) to insure remediation of impacts to VDGIF resources in the event of catastrophic failure during site construction, as enumerated in the MOU. 13. "Fees and Public Meeting. The fee for this application includes a $3.000.00 base fee plus S100.00 per acre for the first 130 acres and S50 per acre for the remainder. This is based on fees as ofApril 2S. 2008. Fees may change. Ms. Candilct, eerkins May 2, 2013 Page 5 of 7 Response: Comment acknowledged; no response necessary. Comments from Department of Parks & Recreation dated December 18, 2012 NIDP appears to meet recreational unit requirements. Parks & Recreation would recommend a minimum width of 8' for the hiker/biker trail. Response: As noted above, the Applicant has opted to reduce the width of the hiker/biker trail along Rachel Carson Drive to partially off -set the increase in impervious surface area resulting from implementation of public road standards within the non -age restricted portion of the project and provision of sidewalks on both sides of all internal streets. The Applicant is confident that 6' of pavement is sufficiently wide to accommodate pedestrian and cyclist use. Comments from Inspections Department dated December 31, 2012 "Demolition permit shall be obtained prior to the removal of any existing structures. No additional comments at this time. Will comment on building lots and utilities at the time of sub- division review. " Response: Comment acknowledged; no response necessary. Comments from the Department of Public Works dated January 15, 2013 "Refer to Sheet I of 4, general note 96: The public water is provided through Frederick County c istribuiion system, Only the sanitary sewer service is provided by an existing treatment facility located within the Shenandoah property limits. " Response: Comment acknowledged. The referenced note has been revised. 2. `Refer to Sheet 2 of 4, Pavement Section Details: The three (3) pavement sections reflect rolled "mountable" curbs, which to date, have been constructed throughout the development. Where the rousing has been constructed, these curb sections have incurred a significant amount ofdamage. For future development, consideration should be given to alternative sections and possible drivewa.v aprons to avoid this extensive damage. " Response: Comment acknowledged. The section details for private streets have been revised to incorporate CG-6 with development of future segments. 3. "Refer to Sheet 2 of 4, Trail Details: It should be noted that none of the lakeside trails reflected on Sheet 4 of'4 have been installed. The applicant will be responsible for constructing all of these trails including those in Phase IA as part of the approval for the revised master development plat,. " Response: Comment acknowledged. The Applicant is aware of their responsibility to complete all outstanding improvements to VDGIF property enumerated by the recorded MOU with VDGIF and shown/referenced on the MDP, to include the lake trail and boat launches. Ms. Candice eerkins May 2, 2013 Page 6 of 7 4. "Refer to Sheet 4 of 4: It will be necessary to adopt the same BMP restrictions imposed by the Game and Inland Fisheries Department. " Response: Comment acknowledged. The recorded MOU with VDGIF stipulates water quality protection measures that must be implemented with project development. The location and design of BMP facilities will be specified on subdivision design plans. S. "Refer to Sheet 4 of 4: Three (3) new boat launch areas have been identified on this sheet. Considering it will be necessary to cross 50 feet of property owned by the state, the applicant will be required to obtain an agreement with the Department of Game and Inland Fisheries prior to approval of this proposed development. " Response: The MDP has been revised to identify the location of only one (1) boat launch facility, which is consistent with what was shown and approved with the prior MDP applications (see MDP 06-00 and MDP 03-07). A note is provided clarifying that a total of three (3) such facilities will ultimately be installed pursuant to VDGIF approval. It is noted that the provision of said boat launches is a developer obligation stipulated by the MOU with VDGIF. 6. "Refer to .Sheet 4 of 4: If the proposed R-S development utilizes private roads without age restrictions, it will be necessary to provide bus shelters located on state maintained roads to ac coinmodaie school age children from the Shenandoah subdivision. School buses will not travel or: private roads in Frederick County to pick up school age children. " Response: The MDP has been revised to provide public streets within all phases of the project containing non -age restricted dwelling units. Comments from Virginia Department of Health dated December 12, 2012 �1- ealth Department has no obiections so long as public sewer and water are utilized. " Response: Comment acknowledged; no response necessary. Comments from Department of Transportation dated January 29, 2013 Approved with Comment "VDOT approves this A2DP with the following concerns noted; The previously submitted TIA appears to be based or, having two entrances to Rt. 522, a full access and a right-in/right-out. Now, only the existing signalized entrance appears to he proposed. which could affect the tra#c splits in the analysis. The previous TIA is outdated and VDOT recommends updating the data based on current trafc counts and proposed traffic impacts prior to submitting construction drawings. Response: Comment acknowledged. A traffic evaluation letter has been prepared by Bowman Consulting Group, Ltd. to compare the projected impacts associated with the revised development program to those reported with the Ms. Candico Ierkins May 2, 2013 Page 7 of 7 originally submitted TIA, and further to ensure that said impacts are appropriately accounted for by the original TIA conclusions. A copy of this letter will be submitted to VDOT under separate cover. • The proposed connection to Rt. 277 must be in accordance with current VDOT Standards, Specifications, and Regulations. Response: Comment acknowledged. The MDP depicts the general location of the planned connection to Route 277. Detailed design demonstrating conformance with applicable VDOT requirements will be provided with the construction drawings for this entrance and related road improvements. • It is assumed that all roadways proposed by this MDP will be private and therefore not proposed for acceptance into the State Secondary System. Response: Per Frederick County requirements, the MDP has been revised to provide public roads within the project phases containing non -age restricted dwelling units. All such roads will be designed and constructed for acceptance into the State Secondary System. • Per the Frederick County long range planning maps, the South Frederick Parkway is proposed to be built near the development's connection to Rt. 277. It is recommended that the Owner/Designed discuss this future connection with the County to determine if a potential conflict exists. " Response: Comment acknowledged. The County's long range planning maps show the general location of future South Frederick Parkway crossing the northernmost portion of the Shenandoah site. This issue was discussed with County planning staff and it was requested that a conceptual alternative location be identified on the MDP to demonstrate that the future road plan remained viable. As such, a plan sheet has been added to the MDP depicting a conceptual alternative location of South Frederick Parkway that will ensure its future viability while accommodating the planned Shenandoah development (see Sheet 6 of 6). In addition to the agencies with outstanding comments noted herein, the revised MDP package will be submitted to Frederick County Public Schools and Department of Geographic tnfonnation Systems for approval. A copy of these materials will also be sent to VDGIF for review. Should you have any further questions please feel free to contact me at the office. Sincerely', BOWNI L�NSULTIN UP, LTD. Christop er ol►n, AICP H, L6- COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 February 13, 2013 Mr. Chris Mohn Bowman Consulting 101 South Street, S.E. Leesburg, Virginia 20175 RE: Preliminary Master Development Plan: Shenandoah MDP (Revised Comment) Property Identification Numbers (PINs): 87-A-103, 87-A-103C, 87-A-102 First Review Dear Chris: Thank you for providing me with the opportunity to review the preliminary master development plan for the proposed development referred to as Shenandoah. Please adequately address each of the comments listed below prior to formal submission of the preliminary master development plan referenced above: Preliminary Review Comments: 1. 2030 Comprehensive Plan. This development is contained in the Route 277 Triangle and Urban Center Plan. This land use plan shows the South Frederick Parkway through a portion of the site. This. improvement needs to be accounted for on the MDP. ?. Age Restricted Development. This development has been previously approved as an age restricted development, which allowed for the construction of private streets. The revised MDP no longer calls for age restricted housing and the use of public streets is required. Therefore, this MDP is not in conformance with the Zoning and Subdivision Ordinances. 3. Approved MDP Notes. All previous MDP approvals have consisted of a list of MDP notes (see sheet 11 of the approved 2007 MDP). These notes have not been included with this revision. The notes need to be provided, or documentation as to why the notes no longer apply. 4. General Notes. On the coversheet, address the following: 1) provide a note that states all utilities must be underground, 2) provide the total number of units within the development and the overall density. 5. Shenandoah Properties. All properties within the Shenandoah development must be included with this MDP submission, as the Board of Supervisors has not authorized this development to be separated (Wheatlands 94-A-1, all HOA owned properties, etc.). 6. Commercial Land Areas. The Zoning Ordinance requires the MDP to show all proposed commercial areas. Therefore, they must be labeled and Note #5 on this sheet is no longer permissible (showing it striped per the 2007 MDP is acceptable). 7. Open Space Percentage. The open space percentage shown in the table on sheet 2 does not reflect the requirements of § 165-502.05F. 8. Road Classifications. Two of the three road classifications shown on sheet 2 do not reflect previous MDP approvals and are not in compliance with the private road classifications permissible in the R5 District (for age -restricted communities). Also, the use of private streets will not be permitted within this development unless it is shown as 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Mr. Chris Mohn, Bowman Consulting RE: Shenandoah MDP February 13, 2013 Page 2 age restricted. See 165-502.05K. Rolled curb will not be permitted for new streets within the development; all streets must have curb and gutter as required by 165 502.05L. 9. Existing Sections. Label all existing roads, provide the road classifications for each road and label all areas of open space in each section. 10. Hiker/Biker Trail Detail. Indicate why the hiker/biker trail has been decreased to six feet from ten feet. Portions of this development have already been constructed utilizing a ten foot path. 11. Recreational Units and Housing Types. The MDP shows 2,056 units and 68.53 total recreational units. Indicate the type of single family detached units that will be utilized. If single family small lot is proposed (consistent with existing development), additional recreational units are required (165-402.08). 12. Buffers. All applicable zoning district, road efficiency and internal separation buffers need to be shown on sheet 4 of the MDP (the previously approved waivers no longer apply unless the community is age restricted). 13. RV Boat Storage. Indicate where the access will be for this area and ensure it meets the size maximum. The buffer requirement needs to be shown for this area as well. 14. VDGIF Property and Boat Launches. Provide documentation that VDGIF is allowing the installation of the trails along the lake as well as the construction of the boat launches. Also, provide documentation that Lansdowne will be assuming the responsibilities contained under the VDGIF MOU that was executed in 2001 between Dogwood Development Group and VDGIF. Indicate if VDGIF allows the assumption of the obligations from the MOU, or if they require a revised and updated MOU with the new owners. 15. Fees and Public Meeting. The fee for this application includes a $3,000.00 base fee plus $100.00 per acre for the first 150 acres and $50 per acre for the remainder. This is based on fees as of April 28, 2008. Fees may change. In order to continue the review of this Master Development Plan, you will need to submit a complete MDP application, a signed and notarized Special Limited Power of Attorney Form, all review agency comments and review fee, to this department. Review comments are required from the following agencies: Frederick County Fire Marshal, Frederick County Department of Building Inspections, Frederick County Department of Public Works, Frederick County Department of G.I.S., Frederick County Parks & Recreation, Frederick County Sanitation Authority, Frederick County Public Schools, Virginia Department of Transportation, Clarke County and the Virginia Department of Game and Inland Fisheries. Please do not hesitate to contact me with questions regarding this letter. Sincerely, �--7 (-OW� Candice E. Perkins, AICP Senior Planner CEP/bad FILE (OPI q „= COUNTY of FREDERICK Department of Planning and Development ® 540/665-5651 �0.CLN/ 1738 FAX: 540/665-6395 January 22, 2013 Mr. Chris Mohn Bowman Consulting 101 South Street, S.E. Leesburg, Virginia 20175 RE: Preliminary Master Development Plan: Shenandoah MDP (Revised) Property Identification Numbers (PINs): 87-A-103, 87-A-103C, 87-A-102 First Review Dear Chris: Thank you for providing me with the opportunity to review the preliminary master development plan for the proposed development referred to as Shenandoah. Please adequately address each of the comments listed below prior to formal submission of the preliminary master development plan referenced above: Preliminary Review Comments: 1. Age Restricted Development. This development has been previously approved as an age restricted development, which allowed for the construction of private streets. The revised MDP no longer calls for age restricted housing and the use of public streets is required. Therefore, this MDP is not in conformance with the Zoning and Subdivision Ordinances. 2. Approved MDP Notes. All previous MDP approvals have consisted of a list of MDP notes (see sheet l 1 of the approved 2007 MDP). These notes have not been included with this revision. The notes need to be provided, or documentation as to why the notes no longer apply. 3. General Notes. On the coversheet, address the following: 1) provide a note that states all utilities must be underground, 2) provide the total number of units within the development and the overall density. 4. Shenandoah Properties. All properties within the Shenandoah development must be included with this MDP submission, as the Board of Supervisors has not authorized this development to be separated (Wheatlands 94-A-1, all HOA owned properties, etc.). 5. Commercial Land Areas. The Zoning Ordinance requires the MDP to show all proposed commercial areas. Therefore, they must be labeled and Note #5 on sheet is no longer permissible (showing it striped per the 2007 MDP is acceptable). 6. Open Space Percentage. The open space percentage shown in the table on sheet 2 does not reflect the requirements of § 165-502.05F. 7. Road Classifications. Two of the three road classifications shown on sheet 2 do not reflect previous MDP approvals and are not in compliance with the private road classifications permissible in the R5 District (for age -restricted communities). Also, the use of private streets will not be pen-nitted within this development unless it is 107 North Dent Street, Suite 202 o Winchester, Virginia 22601-5000 t Mr. C—is Mohn, Bowman Coi:_..iting RE: Shenandoah MDP January 22, 2013 Page 2 shown as age restricted. See 165-502.05K. Rolled curb will not be permitted for new streets within the development; all streets must have curb and gutter as required by 165-502.05L. 8. Existing Sections. Label all existing roads, provide the road classifications for each road and label all areas of open space in each section. 9. Hiker/Biker Trail Detail. Indicate why the hiker/biker trail has been decreased to six feet from ten feet. Portions of this development have already been constructed utilizing a ten foot path. 10. Recreational Units and Housing Types. The MDP shows 2,056 units and 68.53 total recreational units. Indicate the type of single family detached units that will be utilized. If single family small lot is proposed (consistent with existing development), additional recreational units are required (165-402.08). 11. Buffers. All applicable zoning district, road efficiency and internal separation buffers need to be shown on sheet 4 of the MDP (the previously approved waivers no longer apply unless the community is age restricted). 12. RV Boat Storage. Indicate where the access will be for this area and ensure it meets the size maximum. The buffer requirement needs to be shown for this area as well. 13. VDGIF Property and Boat Launches. Provide documentation that VDGIF is allowing the installation of the trails along the lake as well as the construction of the boat launches. Also, provide documentation that Lansdowne will be assuming the responsibilities contained under the VDGIF MOU that was executed in 2001 between Dogwood Development Group and VDGIF. Indicate if VDGIF allows the assumption of the obligations from the MOU, or if they require a revised and updated MOU with the new owners. 14. Fees and Public Meeting. The fee for this application includes a $3,000.00 base fee plus $100.00 per acre for the first 150 acres and $50 per acre for the remainder. This is based on fees as of April 28, 2008. Fees may change. In order to continue the review of this Master Development Plan, you will need to submit a complete MDP application, a signed and notarized Special Limited Power of Attorney Form, all review agency comments and review fee, to this department. Review comments are required from the following agencies: Frederick County Fire Marshal, Frederick County Department of Building Inspections, Frederick County Department of Public Works, Frederick County Department of G.I.S., Frederick County Parks & Recreation, Frederick County Sanitation Authority, Frederick County Public Schools, Virginia Department of Transportation, Clarke County and the Virginia Department of Game and Inland Fisheries. Please do not hesitate to contact me with questions regarding this letter. Sincerely, Candice E. Perkins, AICP Senior Planner CEP/bad Attachment Bowman 101 South Street, S.E. Leesburg, Virginia 20175 Phone (703) 443-2400 Fax (703) 443-2425 www.bowmanconsultin.q.com To: Frederick County Department of Planning and Development 107 North Kent Street, 2nd Floor Winchester, VA 22601 Attn: LETTER OF TRANSMITTAL Date: December 17, 2012 Project Name: Shenandoah Project No: 6742-01-003 Re: Amended Master Development Plan Via: Hand Delivery We are forwarding: MDP Comment Form yal ..DESCRIPTION I Completed Application Package Pages 10 and I I 2 Copies of the Master Development Plan a 3 Urgency: Regular Transmitted by: BOWMAN CONSULTING GROUP, LTD. Joshua Elkins I Landscape Architect 11 Binder Copy Confirmation of Receipt Required: Yes Received by: (Signature) ocr 1 g L './ LJ (Print Name) (Date) 712112010 Application # PC Meeting Date _ Fee Amount Paid $ MASTER DEVELOPMENT PLAN APPLICATION FORM - Department of Planning & Development Use Only — Date Application Received: BOS Meeting Date_ Initials: Receipt # _ I. Project Title: Shenandoah 2. Applicant: Name: Lansdowne Development Group, LLC Telephone: (703) 995-1849 Address: 2553 Dulles View Drive, Suite 400, Herndon, VA 20171 3. Property Owner (if different than above): Name: Oxbridge Development at Shenandoah, LC Telephone: (301) 295-4150 Address: 600 Jefferson Plaza, Suite 550, Rockville, MD 20852 4. Design Company: Name: Bowman Consulting Group, LTD. Telephone: (703) 443-2400 Address: 101 South Street SE, Leesburg, VA 20175 5. Please list names of all owners, principals, and/or majority stockholders: Lansdowne Development Group, LLC: Leonard S. Mitchel, Ralph Dietze, Bowman Lansdowne Development LLC, Gary Bowman, and Robert Hickey Oxbridge Development at Shenandoah, LC: Elliot Totah 6. Magisterial District: Opequon 10 7. Property Location: The property is located west off of Route 522 just south of Route 277 and east of Route 636. (Give State Route # and name, distance and direction from intersection) 8. Is this an original or amended Master Development Plan? Original Amended _, Previous MDP# 03-07 9. Property Information: a) Property Identification Number (PIN): 87 A 103, 87 A 103C, 87 A 102 b) Total Acreage: 648.09 c) Current Zoning: R5 d) Present Use: Vacant e) Proposed Uses: Residential 10. If residential uses are proposed, provide the following: a) Density: 2.8 Dui Acre b) Number of Units: 1826 c) Housing Types: Single Family Detached & Single Family Attached 11. Adjoining Property use and zoning: USE ZONING North Residential or Vacant RA East RA South West Residential or Vacant Residential or Vacant Agriculture or Vacant RA RA I have read the material included in this package and understand what is required by the Frederick County Department of Planning and Development. I also understand that the master development plan shall include all contiguous land under single or common ownership. All required material will be complete prior to the submission of my master development plan application. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s): Owner(s): 11 Date: Date: Date: Date: REQUEST FOR MASTER DEVELOPMENT PLAN COMMENTS Frederick County Department of Planning & Development Mail to: Frederick County Department of Planning & Development 107 North Kent Street, Winchester, Virginia 22601 Phone: (540) 665-5651 Hand deliver to: Frederick County Department of Planning & Development 107 North Kent Street, 2nd Floor Winchester, Virginia 22601 Applicant: It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Please attach two (2) copies of the Master Development Plan with this sheet. Applicants Name: Lansdowne Development Group, LLC Telephone: 703-443-2400 Mailing Address: c/o Bowman Consulting Group, LTD. Attn: Josh Elkins 101 South St SE, Leesburg, VA 20175 Name of development and/or description of the request: Shenandoah Location of Property: The property is located west off of Route 522 just south of Route 277 and east of Route 636 Department of Planning & Development Comments: Date Received _ Date Reviewed _ Revision Required Signature & Date: -PLANNING DEPARTMENT USE ONLY - Review Number 1 2 3 4 5 (circle one) Date Approved ** Please Return Form to Applicant** 19 W o man C O N S U L T I N G 101 South Street, S.E. Leesburg, Virginia 20175 Phone (703) 443-2400 Fax (703)443-2425 www.bowmanconsultiniz.com To: Frederick County Department of Planning and Development 107 North Kent Street, 2nd Floor Winchester, VA 22601 Attn: Candice E. Perkins, AICP LETTER OF TRANSMITTAL Date: May 2, 2013 Project Name: Shenandoah Project No: 6742-01-003 Re: Amended Master Development Plan Via: Hand Delivery We are forwarding: Second Submission Materials QUANTITY' DESCRIPTION I Comment Response Letter dated May 2, 2013 2 Copies of the Master Development Plan I MDP Comment Form COMMENTS Urgency: Regular Confirmation of Receipt Required: Yes Transmitted by: BOWMAN CONSULTING GROUP, LTD. Joshua Elkins I Landscape Architect II Binder Copy Received by: (Signature) MAY 2 2013 (Print Name) (Date) "� 712112010 Based on the revised Master development plan (MDP) that is being considered by the various review agencies, the revised master development plan would have 2,056 housing units. Approximately 230 would be age -restricted (have already been platted). The remaining 1,826 housing units (non age - restricted) would consist of 1,236 single family detached and 590 single family attached units. If the FY13 Development Impact Model (DIM) projections were applied, the master development plan revision would result in a projected capital facility impact on the county of $30,163,512. 1,236 * $18,507 = $22,874,652 590 * $12,354 = $7,288,860 FY13 DIM per unit projections (adopted by the Board on June 13, 2012): Single Family Dwelling Unit = $ 18,507 Town Home Dwelling Unit = $ 12,354 Apartment Dwelling Unit = $ 9,983 The following is a breakdown of the projected impacts per dwelling unit for each capital facility. Capital facility Single Family Town home Apartment Fire And Rescue $574 $425 $432 General Government $50 $38 $38 Public Safety $0 $0 $0 Library $496 $379 $379 Parks and Recreation $1715 $1,311 $1,311 School Construction $15,673 $10,201 $7,823 Total $18,507 $12,354 $9,983 r - o ca C® Y ICI Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 May 22, 2013 Mr. Chris Mohn Bowman Consulting 101 South Street, S.E. Leesburg, Virginia 20175 RE: Second Comment - Master Development Plan: Shenandoah MDP (Revised) Property Identification Numbers (PINs): 87-A-103, 87-A-103C, 87-A-102 First Review Dear Chris: Thank you for providing me with the opportunity to review the master development plan for the proposed development referred to as Shenandoah. Please adequately address each of the comments listed below prior to formal submission of the preliminary master development plan referenced above: Preliminary Review Comments: 1. HOA Signature Block. A signature block needs to be provided on the coversheet for the Homeowners Association. 2. Phasing Area Acreage Totals. As indicated on sheet 2, the acreage totals don't completely add up. 3. Lot Dimensions. The dimensions shown on sheet 2 for the single family small lot and townhouse housing types do not reflect the requirements of the Zoning Ordinance. 4. Tvpe I Public Street. The public street detail for Rachel Carson Drive needs to have pedestrian accommodations on both sides (hiker biker on one side/sidewalk on the other). 5. Cul-de-sac Length. Ensure that all cul-de-sacs don't exceed 1,000 feet in length as outlined in § 144.17. 6. Hiker/Biker Trail Width. In accordance with the Subdivision ordinance, all bicycle and pedestrian facilities shall be a minimum of ten feet in width and shall conform to VDOT standards. 7. Fees and Public Meeting. The fee for this application includes a $3,000.00 base fee plus $100.00 per acre for the first 150 acres and $50 per acre for the remainder. This is based on fees as of April 28, 2008. Fees may change. 107 North Dent Street, Suite 202 - Winchester, Virginia 22601-5000 1 • Mr. Chris Mohn, Bowman Consulting RE: Shenandoah MDP May 22, 2013 Page 2 In order to continue the review of this Master Development Plan, you will need to submit a complete MDP application, a signed and notarized Special Limited Power of Attorney Form, all review agency comments and review fee, to this department. Review comments are required from the following agencies: Frederick County Fire Marshal, Frederick County Department of Building Inspections, Frederick County Department of Public Works, Frederick County Department of G.I.S., Frederick County Parks & Recreation, Frederick County Sanitation Authority; Frederick County Public Schools, Virginia Department of Transportation, Clarke County and the Virginia Department of Game and Inland Fisheries. Please do not hesitate to contact me with questions regarding this letter. Sincerely, Candice E. Perkins, AICP Senior Planner CEP/bad Attachment Bow -man C® N 5 U L T I N G June 24, 2013 Ms. Candice Perkins, AICP Senior Planner Department of Planning & Development Frederick County 107 N. Kent St. Winchester, VA 22601 Re: Shenandoah MDP Response to Second Review Comments BCG Project # 006742-01-003 Dear Candice: Please accept this letter as our response to your second round of review comments dated May 22, 2013. With the responses below, all review agency comments have been satisfactorily addressed. As you are aware, copies of the requisite agency approval forms were provided under separate cover on June 21, 2013. Included with this letter are the other submission materials required to schedule this MDP application as a discussion item on the next available Planning Commission agenda. 1. "HOA Signature Block. A signature block needs to be provided on the coversheet for the Homeowners Association. " Response: A signature block for the I-IOA has been added to Sheet 1, as requested. 2. "Phasing Area Acreage Totals. As indicated on sheet ?, the acreage totals don't completely add up. " Response: The acreage tabulations on Sheet 2 have been corrected to ensure the accuracy of area totals. 3. "Lot Dimensions. The dimensions shown on sheet 2 for the single family small lot and townhouse housing types do not reflect the requirements of the Zoning Ordinance. " Response: The dimensional standards on Sheet 2 have been revised to reflect the requirements of the Zoning Ordinance. Bowman Consulting Group, Ltd. 101 South Street, SE ^ Leesburg, Virginia 20175 Phone: 703.443.2400 o Fax: 703.443.2425 ^ bowmanconsulting.com Ms. Candice Perkins, A1CP June 24, 2013 Page 2 of 2 4. "Type I Public Street. The public street detail for Rachel Carson Drive needs to have pedestrian accommodations on both sides (hiker biker on one side/sidewalk on the other). " Response: Per our follow-up communication regarding this item, it was determined that the 10' hiker/biker trail on the one side of Rachel Carson Drive would provide sufficient pedestrian accommodations consistent with ordinance standards. As such, a sidewalk was not added to the opposite side of Rachel Carson Drive. Note that the public street detail for Rachel Carson Drive has been revised to locate the hiker/biker trail outside of the public right of way within a private access easement, and the width of the public right of way was reduced to 44'. 5. "Cul-de-sac Lend Ensure that all cul-de-sacs don't exceed 1, 000 feet in length at outlined in Section 144.17. " Response: The lengths of all proposed cul-de-sacs have been re-evaluated and, if necessary, adjusted to ensure conformance with the required maximum, as requested. 6. "Hiker Biker Trail Width. In accordance with the subdivision ordinance, all bicycle and pedestrian facilities shall be a minimum of ten feet in width and shall conform to VDOT standards." Response: The width of the hiker/biker trail has been increased to 10' per ordinance requirements. 7. "Fees and Public Meeting. The fee for this application includes a S3, 000.00 base fee plus S100.00 per acre for the first 150 acres and S50 per acre for the remainder. This is based on fees as of April 28, 2008. Fees may change. " Response: Acknowledged; the accordingly, based MDP. application fee has been calculated on the acreage subject to the amended Should have any further questions or comments, please do not hesitate to contact me. Sincerel BOW AN ONSULT G OUP, LTD. Christo ier ohn, AICP Director of Planning Bow an C O N S U L T I N G 101 South Street, S.E. Leesburg, Virginia 20175 Phone (703) 443-2400 Fax (703)443-2425 www.bowmanconsulting.com LETTER OF TRANSMITTAL Date: June 24, 2013 Project Name: ,!i'°J 2 4 2013 Shenandoah Project No: 6743-01-003 _-•- ;. ,mac. _•nt aU� i`✓ N7Re: MDP Application To: Frederick County Department of Planning & Development 107 N. Kent Street Winchester, VA 22601 Attn: Candice Perkins, AICP Via: Hand Delivery We are forwarding: Complete MDP Application Package Also provided is a comment response letter addressing the second review comments provided by the Department of Planning & Development by letter dated May 22, 2013. Note that copies of all review agency approval forms/correspondence and two (2) full size copies of the MDP were submitted under separate cover on June 21, 2013. Urgency: Regular Transmitt BOWMA CO SULTING G P, LTD. Christo her Mo n I Director of Planning Binder Copy Confirmation of Receipt Required: Yes 7/21 /2010 0 EXHIBIT A LEGAL DESCRIPTION PARCELS LOCATED IN FREDERICK COUNTY VIRGINIA All of those certain lots or parcels of real property, situate, lying and being in the County of Frederick, Commonwealth of Virginia, and more particularly described as follows: Opequon DiSirccf PHASE 1, SECTION 3, SHENANDOAH LOTS 80-87, PHASE 1, SECTION 3, SHENANDOAH, as duly dedicated, platted and recorded by Deed of Subdivision. Easement and Conveyance dated May 17, 2006, recorded as Instrument 060009455 among the Land Records of Frederick County, Virginia. FOR INFORMATION Lot 80 Phase 1, Section 3 87B-1-3-80 Lot 81 Phase 1, Section 3 87B-1-3-81 Lot 82 Phase 1, Section 3 87B-1-3-82 Lot 83 Phase 1, Section 3 8713-1-3-83 Lot 84 Phase 1, Section 3 87B-1-3-84 Lot 85 Phase 1, Section 3 87B-1-3-85 Lot 86 Phase 1, Section 3 87B-1-3-86 Lot 87 Phase 1, Section 3 87B-1-3-87 AND BEING as to Lots 83-87 Phase 1 Section 3, Shenandoah as conveyed by Beazer Homes to Oxbridge Development at Shenandoah, by Deed of Exchange dated November 8, 2006, recorded as Instrument 060021337 among the Land Records of Frederick County, Virginia. PHASE 1, SECTION 4, SHENANDOAH LOTS 139-142 AND 147-49, PHASE 1, SECTION 4, SHENANDOAH as duly dedicated, platted and recorded by Deed of Subdivision and Easement dated August 16, 2006, recorded as Instrument 060015633. FOR INFORMATION Lot 139 Phase 1, Section 4 87B-1-4-139 Lot 140 Phase 1, Section 4 87B-1-4-140 Lot 141 Phase 1, Section 4 8713-1-4-141 Lot 142 Phase 1, Section 4 8713-1-4-142 Lot 147 Phase 1, Section 4 8713-1-4-147 Lot 148 Phase 1, Section 4 8713-1-4-148 Lot 149 Phase 1, Section 4 87B-1-4-149 AND BEING as to Lot 149 Phase 1 Section 4, Shenandoah as conveyed by Beazer Homes to Oxbridge Development at Shenandoah, by Deed of Exchange dated November 8, 2006, recorded as Instrument 060021337 among the Land Records of Frederick County, Virginia. PHASE 1, SECTION 5, SHENANDOAH Schedule A -- Page 1 q 0 C.n LOTS 93-103 AND LOTS 131-132 PHASE 1, SECTION 5, SHENAl\TDOAH, as duly dedicated, platted and recorded by Deed of Subdivision and Easement dated October 30, 2006, recorded as Instrument 060020323 among the Land Records of Frederick County, Virginia. FOR INFORMATION: Lot 93 Phase 1, Section 5 87B-1-5-93 Lot 94 Phase 1, Section 5 87B-1-5-94 Lot 95 Phase 1, Section 5 87B-1-5-95 Lot 96 Phase 1, Section 5 878-1-5-96 Lot 97 Phase 1, Section 5 87B-1-5-97 Lot 98 Phase 1, Section 5 87B-1-5-98 Lot 99 Phase 1, Section 5 87B-1-5-99 Lot 100 Phase 1, Section 5 8713-1-5-100 Lot 101 Phase 1, Section 5 87B-1-5-101 Lot 102 Phase 1, Section 5 87B-1-5-102 Lot 103 Phase 1, Section 5 87B-1-5-103 Lot 131 Phase 1, Section 5 87B-1-5-131 Lot 132 Phase 1, Section 5 87B-1-5-132 PHASE 2, SECTION 1, SHENANDOAH LOTS 176-178, 190-195, 202-207, 211-214 and 218-228, PHASE 2, SECTION 1, SHENANDOAH , as duly dedicated, platted and recorded by Deed of Subdivision and Easement dated February 25, 2008, recorded as Instrument 080002270. FOR INTFORMATION Lot 17.6, Phase 2, Section 1 87B-2-1-176 Lot 177, Phase 2, Section 1 87B-2-1-177 Lot 178, Phase 2, Section 1 87B-2-1-178 Lot 190, Phase 2, Section 1 87B-2-1-190 Lot 191, Phase 2, Section I 87B-2-1-191 Lot 192, Phase 2, Section 1 87B-2-1-192 Lot 193, Phase 2, Section 1 87B-2-1-193 Lot 194, Phase 2, Section 1 87B-2-1-194 Lot 195, Phase 2, Section 1 87B-2-1-195 Lot 202, Phase 2, Section 1 87B-2-1-202 Lot 203, Phase 2, Section 1 87B-2-1-203 Lot 204, Phase 2, Section 1 87B-2-1-204 Lot 205, Phase 2, Section 1 8713-2-1-205 Lot 206, Phase 2, Section 1 87B-2-1-206 Lot 207, Phase 2, Section 1 87B-2-1-207 Lot 211, Phase 2, Section 1 8713-2-1-211 Lot 212, Phase 2, Section 1 87B-2-1-212 Lot 213, Phase 2, Section 1 87B-2-1-213 Lot 214, Phase 2, Section 1 8713-2-1-214 Lot 218, Phase 2, Section 1 87B-2-1-218 Lot 219, Phase 2, Section 1 87B-2-1-219 Lot 220, Phase 2, Section 1 87B-2-1-220 Lot 221, Phase 2, Section 1 87B-2-1-221 Lot 222, Phase 2, Section 1 87B-2-1-222 S Tpi O Lot 223, Phase 2, Section 1 87B-2-1-223 Lot 224, Phase 2, Section 1 87B-2-1-224 Lot 225, Phase 2, Section 1 87B-2-1-225 Lot 226, Phase 2, Section 1 8713-2-1-226 Lot 227, Phase 2, Section 1 87B-2-1-227 Lot 228, Phase 2, Section 1 8713-2-1-228 AND BEING as to Lots 193, 194, and 195, Phase 2, Section 1, SHENANDOAH, the same property acquired by Oxbridge Development at Shenandoah from Winchester Homes by Deed of Exchange dated June 30, 2008, recorded as Instrument 080007906 among the Land Records of Frederick County, Virginia. ALL OF THE FOREGOING PROPERTIES BEING a portion of the same property conveyed by Wheatlands, LLC, a Virginia limited liability company, to Oxbridge Development at Shenandoah, L.C., a Maryland limited liability company, by Virtue of a Special Warranty Deed dated October 29, 2004, and recorded November 1, 2004, in Deed Book 418 at page 387, among the land records of Clarke County, Virginia; and on October 29, 2004, as Instrument Number 040022116, among the land records of Frederick County, Virginia. AS ADJUSTED by Deed of Boundary Line Adjustment and Conveyance dated July 18, 2005 between EFG, L.C. and Oxbridge Development at Shenandoah L.C. recorded as Instrument 050015737, Land Records of Frederick County. LESS AND EXCEPT "Parcel A" Phase 1 Section 1 Shenandoah, conveyed to Frederick County Sanitation Authority by Deed of Gift and Easement dated April 27, 2007, recorded as Instrument 070009576. LESS AND EXCEPT Land dedicated for public use to Virginia Department of Transportation by Deed of Dedication dated January 13, 2009, recorded in Deed Book 504, at Page 1006, among the Land Records of Clarke County LESS AND EXCEPT "Parcel A" conveyed to Wheatland Associates, and land dedicated for public streets in Deed of Dedication, Subdivision, Easement and Conveyance dated March 15, 2010, recorded in Deed Book 520 at Page 546 among the Land Records of Clarke County AS ADJUSTED by Deed of Exchange between Oxbridge Development at Shenandoah, L.C. and Commonwealth of Virginia, Department of Game and Inland Fisheries, dated January 25, 2008, recorded as Instrument 080002121, Land Records of Frederick County. LESS AND EXCEPT .06082 acres, more or less, dedicated to public use by Virginia Department of Transportation by Deed of Dedication dated January 13, 2009, recorded as Instrument 090000409, Land Records of Frederick County. NOTE: M&T Bank did not consent in this Deed of Dedication and no subsequent release of this area was noted. LESS AND EXCEPT 39.6123 acres of land, more or less, conveyed to Commonwealth of Virginia, Department of Game and Inland Fisheries by Deed of Gift dated December 10, 2009, recorded as Instrument 100001968, Land Records of Frederick County. M LESS AND EXCEPT all parcels conveyed to third parties or Shenandoah Homeowners Association, Inc. by the various Deeds of Subdivision and subsequent Deeds of Gift, recorded among the Land Records of Frederick County, Virginia. VIRGINIA: FRiDERICK COUNTY.SCT. This instrument of writing was produced to me on (e - 3 - 2013 at a-, O and with certificate acknowledgement ther o annexed was admitted to record. Tax imposed by Sec. 58.1-802 of $ � 100'.00, and 58.1-801 have been paid, if assessable. 4��a , Clerk 3000436 v.3 APPLICATION PACKAGE CHECKLIST MASTER DEVELOPMENT PLAN This Master Development Plan application package is incomplete and will not be scheduled for consideration by the Planning Commission and the Board of Supervisors until all of the following have been submitted. A complete application package is necessary to place the master development plan on the Planning Commission and the Board of Supervisors agendas. It is recommended that the applicant meet with a representative from the Department of Planning and Development staff when submitting applications in order to review the materials for completeness. MDP Package 1. One set of approved comment sheets from the following agencies deemed necessary by the Department of Planning and Development staff along with any marked copies of the plan. Applicants should contact the Department of Planning and Development to determine which review agencies are relevant to their master development plan application. Virginia Department of Transportation Frederick County Sanitation Authority Frederick County Fire Marshal gDepartment of Parks and Recreation ZDepartment of Public Works W] Department of Planning and Development I W I Inspections Department Airport Authority zHealth Department City of Winchester Town of Stephens City Town of Middletown ❑✓ 2. One copy of the MDP application; T% 3. Xcopies of the MDP./A.107) ✓� 4. The Application Review Fee (check made payable to "Frederick County Treasurer'); 5. Completed Special Limited Power of Attorney Form (original); 6. Traffic Impact Analysis (if applicable); ✓� 7. One reproducible copy of the MDP (if required). L5 9 JUN 2 4 2013 P' Required Information Checklist MASTER DEVELOPMENT PLAN The following information must be included on the master development plan. If the submitted master development plan is incomplete or is missing information, it will not be reviewed and will be returned to you for revisions. Administrative Information Checklist W1. Name of proposed development. �✓ 2. Name, address, and telephone number of owner. 3. Name, address, and telephone number of developer. 4. Name, address, and telephone number of designer. ✓� 5. Signed certificate of surveyor, engineer, or architect. ✓� 6. Date plan prepared and date of revisions. W7. A listing of all conditions placed on the site as a result of a conditional zoning approval. Rezoning file number should be cited. S. A space labeled "Approved by the Director of Planning and Development" for the approval signature and date of approval. 9. A space labeled "Approved by the County Administrator" for the approval signature and date of approval. 10. Magisterial District. 11. Sheet size less than 42 inches. 14 General Information Checklist ❑✓L 1. Location map (scale 1:2000). �✓ 2. Scale of the MDP is not to exceed 1:100. �✓ 3. North Arrow. 4. Legend describing all symbols. 5. Surveyed boundaries of all lots and parcels. 6. Acreage of all parcels included in the MDP. ✓� 7. Topography contour lines at acceptable intervals. 8. A schedule of phases, boundary of phases, and order of development. 9. Use, zoning, and property owner of all adjoining properties. 10. Location of proposed uses (location, boundaries, arrangement). �✓ 11. Location and treatment of historic structures and sites. �✓ 12. History of all land divisions in relation to this tract. 13. Acreage, Location and boundaries of environmental features: floodplains, lakes and ponds, wetlands, natural stormwater retention areas, steep slopes, woodlands. 14. Amount and percentage of disturbed and protected land in common open space. 15 Residential Development Information Checklist 1. Location and dimension of Residential Separation Buffers. 2. Acreage in common open space, in housing type, in road rights -of -way, and for the entire development (by Phase). ✓� 3. Location and boundaries of housing types. Residential Performance (RP) dimensional requirements should be indicated. 4. Number of dwelling units (by type, phase, and in total). 5. Location and configuration of required recreational facilities. 6. Statement of required and type of facilities to be provided. Infrastructure Information Checklist 1. Location of adjoining streets and utilities. �✓ 2. Location, arrangements, and right-of-way widths of roads and property access. 3. Location and arrangement of street entrances, driveways, and parking areas. 4. Location of entrances to the development from public streets. 5. Type of road design (rural or urban). 6. Use of inter -parcel connectors. 7. Traffic impact analysis. To be submitted to the Frederick County Deputy Director — Transportation. 16 8. Location of sewer and water mains with statements concerning the connection with and availability of facilities. z9. Location and arrangement of electric and gas utilities. Other Desisn Information Checklist 2 1. Location of Zoning District and Road Efficiency buffers, and examples specifying the screening to be provided. 7 2. Plan for stormwater management. Location of stormwater facilities. ✓❑ 3. Acreage of each type of environmental protection land. (Amount and percentage of disturbed and protected land in common open space.) Shown in a table format. 4. Amount, boundaries, and location of common open space. (Indicate the percentage of the entire site to be placed in common open space.) 2 5. Location of environmental protected areas to be included in common open space. County Health Department Information Checklist 1. Statements and locations pertaining to sewer and water availability. 2. Statements and locations concerning any existing pre- or post -water treatment facilities. W3. Statements and location of any planned private treatment facilities. 17 TRAFFIC EVALUATION -1 ■ Bowman C O N S U L T I N G May 7, 2013 Mr. David Atwood, P.E. Land Development Engineer Virginia Department of Transportation — Edinburg Residency 14031 Old Valley Pike Edinburg, Virginia 22824 RE: Shenandoah Conceptual Layout Traffic Evaluation Frederick County, Virginia Dear Mr. Atwood: Bowman Consulting Group, Ltd. (BCG) has been asked to evaluate the traffic and transportation impacts of the proposed development changes to Shenandoah. This evaluation is based on the Shenandoah Conceptual Layout Exhibit prepared by BCG, dated April 30, 2013 (see Attachment A) and the most recent Traffic Impact Analysis for Shenandoah prepared by Patton Harris Rust & Associates, pc, (PHR&A) dated March 22, 2001 (excerpts contained in Attachment B). Shenandoah is located generally west of U.S. Route 340/Route 522 and south of Route 277 in Frederick County, Virginia as shown on Figure 1. Access to the site would be provided via a full movement entrance on Route 277 and the existing U.S. Route 340/Route 522/Lake Frederick Drive intersection. The U.S. Route 340/Route 522/Lake Frederick Drive intersection is signalized but currently operates in flash mode. The 2001 PHR&A TIA assumed an additional right-in/right-out access point on U.S. Route 340/522 and a connection from the west side of the lake to Route 636 that are no longer a part of the project. The 2001 PHR&A TIA analyzed a development program that consisted of a mix of age - restricted adult housing with non-residential uses. The current proposed development plan calls for some of the age -restricted housing to be converted to single-family and townhouse dwelling units (with no age restrictions) and removes all non-residential uses. The purpose of this evaluation is to ensure that the transportation impacts of the current development program were accounted for in the 2001 PHR&A TIA. Bowman Consulting Group, Ltd. 3951 Westerre Parkway o Suite 150 s Richmond, VA 23233 Phone: 804.616.3240 o Fax: 804.270.2008 www.bowmanconsulting.com Shenandoah Traffic Evaluation Page 2 of 3 Trip Generation Comparison The Shenandoah Conceptual Layout Exhibit calls for up to 906 single family dwelling units, 635 townhomes, and 589 age restricted senior adult detached units. As shown in Attachment A, the development is essentially split in two by the lake with the age restricted housing on the west side of the lake and the non -age restricted housing on the east side of the lake with the exception of 76 age restricted units in Phase II. No changes in land use are proposed on the west side of the lake and some of the age restricted units have already been constructed. The average weekday AM and PM peak hour and weekday average daily trips that are expected to be generated by the proposed development program were estimated using the Institute of Transportation Engineers (ITE) Trip Generation Manual, 9th Edition and are shown on Tables 1 and 2. Table 1 shows the trip generation for each phase (east side of the lake) and Table 2 shows the cumulative trips for the entire development. Table 2 also shows the trips that were assumed for the previous development program as shown in Table 1 of the 2001 PHR&A TIA. The PHR&A Table 1 is included in Attachment B for reference. As shown in Table 2, the changes in the proposed development program (converting some age restricted housing to non -age restricted and eliminating all non-residential uses) would result in 236 more AM peak hour trips, 214 fewer PM peak hour trips, and 2,929 fewer daily trips on an average weekday. Trip Distribution and Assignments The 2001 PHR&A TIA assumed the following distributions for the site generated traffic as shown on Figure 5 of the TIA (included in Attachment B): 40% to/from the west on Route 277 25% to/from the east on Route 277 25% to/from the south on U.S. Route 340/Route 522 10% to/from the north on U.S. Route 340/Route 522 The site generated trips from the 2001 PHR&A TIA (Figure 6 — included in Attachment B) were consolidated to account for the reduction in site entrances and are shown on Figure 2. As shown on Figure 2, approximately 45% of the trips under the old development plan would use the site entrance on Route 277 while 55% would use the site entrance on U.S. Route 340/522. Shenandoah Traffic Evaluation Page 3 of 3 The trips that would be generated by the proposed development program were then assigned for each individual phase to the two site entrances based on the overall distributions discussed above and the location of the individual phase. The resulting site generated traffic assignments for the driveways are shown on Figure 3. Figure 3 shows that approximately 55% of the site generated trips would use the entrance on Route 277 while 45% would use the entrance on U.S. Route 340/522. The difference in utilization of the site entrance is primarily driven by the removal of the non- residential components that would have had frontage along U.S. Route 340/522. Capacity Analysis Both Route 277 and U.S. Route 340/522 carry significantly more traffic during the PM peak hour and therefore that hour is considered critical for this analysis. The 2001 PHR&A TIA indicated that both site entrances would operate at LOS B or better during the PM peak hour with installation of a traffic signal. The proposed development program generates fewer trips during the critical PM peak hour and would therefore also operate at acceptable LOS. Conclusions The proposed changes in the development program for the Shenandoah project would generate fewer trips during the critical PM peak hour and on an average daily basis and therefore the transportation impacts of the current development program were accounted for in the 2001 PHR&A TIA. The removal of the non-residential components of the project results in less traffic using the entrance on U.S. Route 340/522 and more traffic using the entrance on Route 277. Should you have any questions or comments, please contact our office at (804) 616-3240. Sincerely, BOWMAN CONSULTING GROUP, LTD. Erich W. Strohhacker, PE, PTOE Transportation Team Leader O* Sherendo Perk Soccer Fields FS'18-k Pike b49 638 641 _ • e H EMS 4f 1 01 sn CED fiord f� Site Location Map Figure 1 Bowman Shenandoah Frederick Count Virginia Job #6742-01-003 C O N S U L T I N G y, 9 NOT TO SCALE Route 277 100/161 125/202 LEGEND —► Represents One Travel Lane xx/yy: Weekday AM/PM Peak Hour Traffic N N u7 O Y 7 O W O ,It co O Y 0 w 01 N co N LO Site Drive 139/293 80/168 0 0 2001 TIA Site Generated Trips Figure 2 owman (Consolidated) Shenandoah Job # 6742-01-003 C O N S U L T I N G Frederick County, Virginia NOT TO SCALE 57/201 Route 277 88/307 qCTM r�— rno Co M a> > 04 ML LEGEND P Represents One Travel Lane xx/yy: Weekday AM/PM Peak Hour Traffic N N LO 2 O x O M a) 7 O 0. CO O CO Site Drive 166/101 213/129 N N I - Site Generated Trips (Proposed Figure 3 o an Development Program) Shenandoah Job # 6742-01-003 C O N S U L T I N G Frederick County, Virginia NOT TO SCALE Table i Shenandoah Site -Trip Generation Analysis By Phase - Peak Hour of Adjacent Street" Weekday Land Use AM Peak Hour PM Peak Hour Average Land Use Size Units Code In Out Total In Out Total Daily Trips Phase I (Non -Age Restricted Onlyl Residential Townhomes 160 D.U. 230 13 62 75 59 29 88 968 Site Generated Trips Phase 1 13 62 75 59 29 88 968 Phase II Residential Single Family Detached 183 D.U. 210 35 103 138 114 67 181 1,831 Townhomes 39 D.U. 230 4 20 24 19 9 28 284 Senior Adult Housing - Detached 76 D.U. 251 6 11 17 13 8 21 280 Residential Subtotal 298 D.U. 45 134 179 146 84 230 2,395 Site Generated Trips Phase 11 45 134 179 146 84 230 2,395 Phase III Residential Single Family Detached 68 D.U. 210 14 43 57 47 27 74 737 Townhomes 133 D.U. 230 11 54 65 51 25 76 824 Residential Subtotal 201 D.U. 25 97 122 98 52 150 1,561 Site Generated Trips Phase III 25 97 122 98 52 150 1,661 Phase VI Residential Single Family Detached 171 D.U. 210 32 97 129 107 63 170 1,720 Townhomes 126 D.U. 230 11 51 62 49 24 73 786 Residential Subtotal 297 D.U. 43 148 191 156 87 243 2,506 Site Generated Trips Phase VI 43 148 191 156 87 243 2,506 Phase VII Residential Single Family Detached 106 D.U. 210 21 63 84 70 41 111 1,108 Townhomes 177 D.U. 230 14 68 82 64 32 96 1 057 Residential Subtotal 283 D.U. 35 131 166 134 73 207 2,165 Site Generated Trips Phase VII 35 131 166 134 73 207 2,165 Phase Vill Residential Single Family Detached 220 D.U. 210 41 123 164 135 79 214 2,169 Site Generated Trips Phase VII 41 123 164 135 79 214 2,169 Phase IX Residential Single Family Detached 158 D.U. 210 30 90 120 100 59 159 1,600 Site Generated Trips Phase IX 30 90 120 100 59 159 1,600 West Side of Lake(�1 Senior Adult Housing - Detached 513 D.U. 251 40 73 113 85 54 139 11 888 Site Generated Trips West of Lake 40 73 113 85 54 139 1,888 Total Site Generated Trips (East Side of Lake) 232 785 1,017 828 463 1,291 13,364 Total Site Generated Trips (Both Sides) 272 858 1,130 913 617 1,430 15,262 Notes: (1) easeo on me institute of I ransponation Engineers Trip Generation, 9th Edition. (2) No changes in land use types are proposed on the West side of the lake. Table 2 Shenandoah Site -Trip Generation Comparison - Peak Hour of Adjacent Street"I Weekday Land UsE AM Peak Hour PM Peak Hour Average .' Land Use, - Size, , Units Code In Out Total In Out Total Daily Trips Current Development Plan (2) Residential Single Family Detached 906 D.U. 210 173 519 692 573 336 909 9,165 Townhomes 635 D.U. 230 53 255 308 242 119 361 3,919 Senior Adult Housing - Detached 589 D.U. 251 46 84 130 98 62 160 2 168 Residential Subtotal 2,130 D.U. 272 858 1,130 913 517 1,430 15,252 Total Site Generated Trips - Current Development Plan 272 858 1,130 913 517 1,430 15,252 Previous Development Plan (per 2001 Traffic Analysis)(�1 Residential Senior Adult Housing - Detached 1,640 D.U. 251 132 234 366 255 144 399 3,997 Senior Adult Housing -Attached 450 D.U. 253 24 14 38 37 25 62 1,781 Congregate Care 100 D.U. 252 9 5 14 12 8 20 696 Residential Subtotal 2,190 D.U. 165 253 418 304 177 481 6,474 Non -Residential Church 10,000 S.F. 560 4 3 7 4 3 7 91 Library 10,000 S.F. 59 6 2 8 35 38 73 743 Office 100,000 S.F. 710 164 22 186 33 159 192 1,327 United States Post Office 10,000 S.F. 732 42 38 80 55 53 108 1,082 Retail 140,000 S.F. 820 119 76 195 376 408 784 8463 Non -Residential Subtotal 270,000 335 141 476 503 661 1,164 11,706 Total Site Generated Trips - 2001 Traffic Study 498 396 894 806 838 1,644 18,181 Comparison Current Development Plan Trips - 2001 Traffic Study Trips (226) 462 236 107 (321) (214) (2,929) Percent Difference (Difference/2001 Traffic Study) -45.4% 116.7% 26.4% 13.3% -38.3% -13.0% -16.1% notes: tt) esasea on the institute of i ransportation Engineers I rip Veneration, 9th Edition. (2) Per "Shenandoah Conceptual Layout Exhibit' prepared by Bowman Consulting and dated December 5, 2012. (3) Per "A Traffic Impact Analysis of Shenandoah" prepared by PHR&A and dated March 22, 2001. Trips shown are taken from Table 1 on page 7 of the TIA. ATTACHMENT A Conceptual Layout Exhibit ATTACHMENT B Excerpts from the 2001 PHR&A TIA Table 1 Shenandoah vs. Wheatlands Trip Generation Summary &oposed Shoanrloah AM Peak Hour PM Peak Hour Code Land Use Amount In Out Total In Out Total ADT Frederick County 251 Elderly Detached' 1,640 units 114 203 317 199 112 312 3.115 253 Elderly Attached'` 450 units 20 12 32 27 18 45 1.566 560 Church 10,000 SF 4 3 7 4 3 7 91 590 Libras• 10,000 SF 6 2 8 35 38 72 743 710 Office 100,000 SF 164 22 186 33 159 191 1.327 732 United States Post Off. 10.000 SF 42 38 80 55 53 108 1.082 820 Retail 140.000 SF 119 76 195 376 408 784 8.463 Clarke County 251 Elderly Detached'' 140 units 18 31 49 56 32 88 882 252 Congregate Care' 100 units 4 2 6 10 7 17 215 253 Elderly Attached' 200 units 9 5 14 12 8 20 696 Total Shenandoah Trips 498 396 894 806 838 1,644 18,181 Approved Wheallanrly AM Peak Hour PM Peak Hour Code Land Use Amount In Out Total In Out Total ADT 210 Single Family Detach 1.313 units 232 696 929 699 393 1.093 13.130 220 Apartment 232 units 19 100 119 97 48 144 1.525 230 ToNynhouse/Condo 527 units 32 158 190 163 80 243 4.585 560 Church 10,000 SF 4 3 7 4 3 7 91 590 Library 10,000 SF 6 2 8 35 38 72 743 710 Office 112,000 SF 180 24 204 35 170 205 1.448 732 U S Post Office 10,000 SF 42 38 80 55 53 108 1.082 820 Retail 121.000 SF 109 70 179 342 370 712 7.706 Total Wheatlands Trips 623 1,092 1,716 1,428 1,155 2,583 30,309 Shenandoah minus Wheatlands Tri s -125 -696 -822 -622 -317 -939 -12,128 Land use includes 65-foot/55-foot wide lots and duplex units (Frederick County only). 'Land use includes townhouses and garden apartments (Frederick County only). 'Land use includes 40 65-foot wide lots and 100 CCRC units (Clarke County only). ;Land use includes 100 CCRC units (Clarke County only). ' Land use includes 200 garden apartments units (Clarke County only). PNR IA,k,Traffic Impact Analysis of die Shenandoah March 22, 2001 Page 7 L 1LIt Figure 5 Development Trip Distribution Percentages 3-15-01 3 � NO Scale Q�39(293 0 0 82)1 �q ) � v (4p11� 40(84) N N 100(16.1) AL 0 0(81) (z� )225 75(121) a (42)20 �. (84)40 (123)70 N n � 7 N ^ N O p n Site Driveisav j (251)119 (84)40 3nE � ^ N O ONV1 �" tn tr, U Ri ht j o In/put Driveway. C (84)40 N _N N ss AM(PM) 1 — x 1 _IJa Ut1 & Figure 6 Development -Generated Trip Assignments 3_15-01 I LAWSON AND SILEK, P.L.C. 120 EXETER DRIVE, SUITE 200 POST OFFICE BOX 2740 WINCHESTER, VA 22604 TELEPHONE: (540) 665-0050 FACSIMILE: (540) 722-4051 October 1, 2013 Mr. Robert W. Wells Frederick County Board of Supervisors 5114 Laura Drive Stephens City, VA 22655 THOMAS MOORE LAWSON • TLAWSON([LLSPLC.COM Re: Shenandoah Development Our File No. 1211.001 VIA E-MAIL AND U.S. MAIL Dear Supervisor Wells: 0 It was very nice meeting with you last week to discuss the new development at Shenandoah. This is to confirm that the owners, MREC Shenandoah VA, LLC and MREC Shenandoah Investment, LLC (collectively "MREC"), would like to formally request that the Board of Supervisors consider a waiver to allow for private streets throughout the entire Shenandoah community and not just. in the age -restricted areas. MREC is committed to installing private streets that have a depth of pavement that meets or, in many cases, exceeds VDOT's standards. Its goal is to create a private, gated community that benefits the residents and also helps to create an exclusive community feel. MREC and Lansdowne Development Group have had a significant amount of experience installing and maintaining private streets in other communities and look forward to doing the same at Shenandoah. For your convenience, I enclose a draftordinance which we would ask be considered by the Board of Supervisors and allowed to be advertised for a public hearing. Thank you for your assistance and cooperation. After you have considered this request, please feel free to call with any questions. TML:jk Enclosure cc: Lansdowne Development Group FRONT ROYAL ADDRESS: POST OFFICE BOX 602, FRONT ROYAL, VIRGINIA 22630 • TELEPHONE: (540) 6359415 • FACSIMILE: (540) 635-9421 • E-MAIL: JSILEK(@LAWSONANDSILEK. 0 Chapter 165. ZONING ARTICLE V. Planned Development Districts Part 502. R5 Residential Recreational Community District § 165-502.05. Design requirements. F. Open space. A minimum of 35% of the gross area of any proposed development shall be designated as common open space. This open space shall be for purposes of environmental protection and for the common use of residents of the development. No more than 50% of the required open space shall be within lakes and ponds, wetlands or steep slopes. The Board of Supervisors may allow a larger amount of steep slopes to be utilized where the developer can demonstrate a viable plan for the use of these areas. WheFe age_FestFiGted When communities are approved with private streets, a minimum of 45% of open space shall be required. R [Amended 9-26-2012] K. Streets. The residential recreational community development shall be provided with a complete system of public streets dedicated to the Virginia Department of Transportation. The road system shall conform with the Frederick County Comprehensive Policy Plan and with road improvement plans adopted by the County. [Amended 9-26-2012] (1) Within any portion of a residential recreational community , the Board of Supervisors may waive the public street requirement and allow for the installation of private streets, provided that all road sections meet the minimum thickness based on the Virginia Department of Transportation pavement design standards, all storm sewer, signage, guardrails, and any other accessory features shall be designed following the VDOT Manual of Road and Bridge Standards and that a program for the perpetual maintenance of all streets by the property owner's association is provided which is acceptable to the Board of Supervisors and the Transportation Planner. (a) Three classes of private streets shallbe—permitted OR age F-GtFiGted shall be identified on a MDP as follows: [1 ] Greenways. All private streets with a projected ADT of over 3,000 shall have a minimum right-of-way of 50 feet and shall have no direct lot frontage. Greenways shall be lined on both sides with street trees having a minimum caliper of two inches at the time of planting, spaced not more than 50 feet apart. Along the portions of right-of-way which abut mature woodland, the Planning Director may waive the requirement for street trees. The horizontal center line geometrics and vertical profile design shall meet the VDOT criteria for subdivision streets with a design speed of 30 miles per hour (mph). [2] Neighborhood collectors. All private streets with a projected ADT of over 400 shall have a minimum right-of-way of 50 feet and may have lot frontage. Neighborhood collectors shall be lined on both sides with street trees having a minimum caliper of two inches at the time of planting, spaced not more than 50 feet apart. The horizontal center line geometrics and vertical profile design shall meet the VDOT criteria for subdivision streets with a design speed of 30 mph. [3] Local streets. All private streets with a projected ADT of 400 or less shall have a minimum right-of-way of 30 feet and may have lot frontage. Local streets shall be lined with street trees having a minimum caliper of two inches at the time of ;planting, spaced not more than 50 feet apart. The horizontal center line geometrics and vertical profile design shall meet the VDOT criteria for.subdivision streets with a design speed of 20 mph. (b) Developments utilizing private streets shall meet the following conditions: [1 ] The plan for the development shall include 1000 or more planned lots. [2] The subdivision design plans and final subdivision plats for all lots that utilize private streets shall include language that states "The private streets within this development are not intended for inclusion in the system of state highways and will not be maintained by VDOT or Frederick County. Frederick County and VDOT have not, and will have no, responsibility for the maintenance, repair, or replacement of the private streets within this development. The maintenance and improvement of said private streets shall be the sole responsibility of the property owners' association." [3] The developer shall establish a reserve fund dedicated solely for the maintenance of the private streets within the development. The reserve fund shall consist of a specified percentage of all dues collected from the residents as determined by the developer. The percentage may be reduced by the developer or the property owners' association only after a reserve study has been completed and said study shows that a lesser amount is necessary to maintain the private street system within the development. [4] Sales brochures or other literature and documents, provided by the seller of lots served by such private streets, shall include information regarding responsibility for maintenance, repair, replacement, and covenants pertaining to such lots, including a statement that the County has no, and will have no, responsibility for the maintenance, repair, or replacement of private streets. (2) Within R-5 residential recreation community developments approved prior to 1980, the Board of Supervisors may allow the extension of existing private roads if no other means of access is available. (3) Within developments utilizing private streets, a certified professional engineer, licensed in the State of Virginia, shall be employed by the developer to monitor and supervise the materials used; the adequacy of the subgrade; the installation of drainage structures, curb and gutter and all concrete items; and all road, driveway and parking area construction activities, including material compaction, grading tolerances and compliance with the plans and specifications. Prior to issuance of the last certificate of occupancy, the certified professional engineer, licensed in the State of Virginia, shall provide the County with certification that each phase of construction met density requirements; that all material depths were verified for compliance; and that the road and parking areas have been constructed in strict accordance with the plans and specifications. L. Curb and gutter. All public and private streets shall be provided with curb and gutter. LAWSON AND SILEK, P.L.C. 120 EXETER DRIVE, SUITE 200 POST OFFICE BOX 2740 WINCHESTER, VA 22604 TELEPHONE: (540) 665-0050 FACSIMILE: (540)722-4051 Ray Smith, Managing Member Wheatlands LLC 2112 Twin Mill Lane Oakton, VA 22124 VIA E-MAIL Dear Ray: THOMAS MOORE LAWSON • TLAWSONQLSPLC.COM August 14, 2013 Re: Shenandoah Development Our File No. 1211.001 As a follow-up to our discussions concerning the master plan process and your specific comments about making sure that your property at Lake Frederick has connections for water, sewer and roads, I attach electronic Versions of the following documents: • Special Warranty Deed between Wheatlands LLC and Oxbridge Development at Shenandoah, L.C. dated October 29, 2004; • Agreement Regarding Extension of Utilities between Wheatlands LLC and Oxbridge Development at Shenandoah, L.C. dated October 29, 2004; • Nominee Agreement between Wheatlands LLC and Oxbridge Development at Shenandoah, L.C. dated October 29, 2004; • Deed of Dedication, Subdivision, Easement and Conveyance between Oxbridge Development at Shenandoah, L.C. and Wheatlands LLC dated March 15, 2010; • ALTA Survey of the Lands of Wheatlands LLC dated September 17, 2004; • Deed of Release between Wheatlands LLC and Oxbridge Development at Shenandoah, L.C. dated August 16, 2006; • Deed of Release between Wheatlands LLC and Oxbridge Development at Shenandoah, L.C. dated May 17, 2006; • Deed of Release between Wheatlands LLC and Oxbridge Development at Shenandoah, L.C. dated October 30, 2006; and • Deed of Release between Wheatlands LLC and Oxbridge Development at Shenandoah, L.C. dated January 29, 2008. All of these documents were recorded in the Frederick County land records, and they depict and/or describe connections for water and sewer on your properties. Further, the Phase 1 FRONT ROYAL ADDRESS: POST OFFICE BOX 602, FRONT ROYAL. V 1RGINIA 22630, TELEPHONE: (540) 635-9415 • FACSIMILE: (540) 635-9421 • E-MAIL: JSILEK@LAWSONANDSILEK.COM Mr. Ray Smith August 14, 2013 Page 2 and Phase 2 subdivision plans showing the water and sanitary sewer connections about which you asked have been available for inspection in the Frederick County Planning Department office since their approval in 2006 and 2007. As Lansdowne goes forward it may be helpful for them to have access to any plans or other documents that you may have in your possession. Perhaps you have additional documentation that may help expedite the development of both the Lansdowne and Dogwood properties. Thank you for your attention to these matters. As always, if you have any questions, please do not hesitate to give me a call. Very t ly yours, L�/ Thom La TML:jk Enclosures cc: Lansdowne Development Group LLC Candice Perkins, Senior Planner, County of Frederick Candice Perkins From: bluebird58@verizon.net Sent: Wednesday, August 14, 2013 6:33 PM To: Ty Lawson Cc: Candice Perkins Subject: Re: Shenandoah Please mail me the disk at 2112 Twin Mill Lane, Oakton, Va. 22124. I unfortunatly am out of town for tonights meeting and since I just received this e-mailed letter I have not had an opportunity to review it. I will when I get back. Ray Smith, Wheatlands LLC Sent via B1ackBerry by AT&T From: "Ty Lawson" <tlawson@lsplc.com> Date: Wed, 14 Aug 2013 16:40:46 -0400 To: <bluebird58@verizon.net> Cc: 'Candice Perkins'<cperkins@fcva.us> Subject: Shenandoah Ray Please see the attached letter. The attachments are quite voluminous and cannot be emailed. Therefore, I have burned everything to a disc for you. Please let me know if you will be attending tonight's hearing. If you are, I will hand -deliver the cd to you. If not, I will put it in the mail. Thanks, Ty Thomas Moore Lawson, Esquire Lawson and Silek, P.L.C. P.O. Box 2740 Winchester, VA 22604 Ph: 540-665-0050 Fax: 540-722-4051 Email: tlawson(cDlsplc.com The information contained in this message is information intended only for the use of individual or entity named above, and may be attorney/client privileged and confidential. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone and return the original message to us at the above address. LAWSON AND SILEK, P.L.C. 120 EXETER DRIVE, SUITE 200 POST OFFICE Box 2740 WINCHESTER, VA 22604 TELEPHONE: (540) 665-0050 FACSIMILE: (540) 722-4051 May 24, 2013 Eric Lawrence, Director Mike Ruddy, Deputy Director Department of Planning & Development 107 North Kent Street Suite 202 Winchester, VA 22601 THOMAS MOORE LAWSON • TLA%VSONnLSPLC.COM Re: Lake Frederick Development Our File No. 1211.001 Dear Gentlemen: As you know, my client has spent a considerable amount of time working on a revised ordinance to allow for private streets in R5 zoning regardless of the unit type being installed. Supervisor Ewing, as well as Planning Staff, were also very much involved in the process. Despite all the hard work, the Board of Supervisors has decided not to consider the matter or allow a public hearing on the revised ordinance. That is certainly within the Board's prerogative. As you know, my client is proceeding with this project and that will certainly include conforming to existing ordinances, which includes the installation of public streets. For the purposes of the record and file, given the Board's decision, the memo to Bill Ewing dated February 8, 2013 and discussions related to the revised ordinance are retracted. Thank you for all of your assistance and cooperation in this matter. We look forward to proceeding with the Lake Frederick development. Very Thom V000rePLa TML:atd cc: Client L-, MAY 2 8 2013 FRONT ROYAL ADDRESS: POST OFFICE BOX 602, FRONT ROYAL, VIRGINIA 22630 • TELEPHONE: (540) 635-9415 • FACSIMILE: (540) 635-9421 • E-MAIL: JSILEK IO1I AWSONANDSILEK. ., ;��400�f- Diane Walsh From: Eric Lawrence Sent: Wednesday, July 17, 2013 11:20 AM To: Diane Walsh Subject: RE: Agreement Regarding Extension of Utilities No need to scan.... Please put the recorded docs in the MDP file... From: Diane Walsh Sent: Wednesday, July 17, 2013 11:16 AM To: Eric Lawrence Subject: RE: Agreement Regarding Extension of Utilities Yes it was recorded. I printed off the recorded copy. I can scan it in after lunch. Diane From: Eric Lawrence Sent: Wednesday, July 17, 2013 9:09 AM To: Diane Walsh Subject: FW: Agreement Regarding Extension of Utilities Deed research.... Could you see if the attached document was ever recorded? From: Rod Williams Sent: Wednesday, July 17, 2013 8:35 AM To: Eric Lawrence Subject: FW: Agreement Regarding Extension of Utilities FYI — for whatever significance it has. From: Ray[mailto:bluebirc1580)verizon.net] Sent: Wednesday, July 17, 2013 6:46 AM To: TLAWSON()LSPLC.COM; h.mitchelCcblansdownedevgroup.com Cc: Rod Williams; Ray Subject: FW: Agreement Regarding Extension of Utilities When we sold the residential land in Shenandoah to Oxbridge, Joe Frie of Arent Fox, our attorney, had Oxbridge's title company record this document as part of the closing instructions. Apparently Hobbie (sp) Mitchel (principle manager of the new owners) never saw it?? It is recorded on title to all the land. As you can see in paragraph 2 this agreement runs with the land and applies to all future owners unless we sign something saying it doesn't which we haven't. Wheatlands LLC By: Dogwood Development Group LLC, Manager By: Ray F. Smith, Jr., Manager 040022117 � AGREEMENT REGARDING EXTENSION OF UTILITIES tv THIS AGREEMENT (this "Agreement") is made effective as of Octobee a9 , 2004 (the "Effective Date") by and between Wheatlands LLC, a o Virginia limited liability company ("Seller") and Oxbridge Development at Shenandoah, L.C., a Maryland limited liability company ('Buyer"). i 00 RECITALS: 0 A. Seller and Buyer executed a Contract of Sale dated May 5, 2004, as d amended by a First Amendment dated Oc-fobey, LS 2004 (collectively the o "Contract") pursuant to which Seller agreed to sell and convey to Buyer, and Buyer agreed to purchase from Seller, certain real property situated in Frederick and Clarke i Counties, Virginia described on Exhibit A attached hereto ( the "Property"). C coB. Simultaneously herewith, Seller is conveying the Property to Buyer, and Seller and Buyer intend to record this Agreement immediately subsequent to the 6 recordation of the deed conveying the Property from Seller to Buyer in order that certain a' provisions of the Contract inure for the benefit of Seller, its successors and assigns, with respect to the real property described on Exhibit B attached hereto (the "CCRC o Property") and on Exhibit Q attached hereto (the "Commercial Property"). h NOW THEREFORE, in consideration of the premises, the mutual covenants H N herein contained and intending to be legally bound hereby, the parties hereby agree as follows: 1. Buyer shall, upon request of Seller, without compensation to Buyer, extend easements from the easements containing the water and sewer lines hereafter `2 installed on, or that serve, the Property to the boundary lines of the Commercial Property Aand the CCRC Property. Should Seller, the owner of the Commercial Property, the owner of the CCRC Property or any assignee or designee of one or more of them desire Q to tap into the sewer and water system serving the Property, it or they may do so provided w; Fi 9 that the owner of the Commercial Property and/or CCRC Property, as the case may be, p $ U r. shall pay to Buyer or the applicable governmental authority all applicable tap fees ~ m 0 c3 imposed by the applicable governmental authority. Buyer agrees to construct, at no cost z { w a O to Seller, all improvements on Lake Frederick Drive and Route 522/340 in front of the s� r 10 P Commercial Property as currently designed and shown on that plan prepared by Gilbert L� W. Clifford & Associates, Inc., last revised January 28, 2002, and titled "Shenandoah 0 3 U.S. Route 522-340 Improvements and Lake Frederick Drive," and to complete such C3 work in accordance with all applicable governmental requirements no later than the expiration of one year after the Effective Date except if the Buyer is delayed by force majeure. Buyer agrees to construct, at no cost to Seller (other than the payment by Seller of customary water and sewer tap fees imposed by the applicable governmental authorities), the main trunk water, sanitary sewer and storm drainage lines which are located most proximate to the Commercial Property and the CCRC Property, as shown on the current engineering plans, not later than the commencement of construction of the I.&a 397324v1/09000.00010de saved: 10/21104 00 nine hundred first (901") dwelling unit on the Property. In addition, if Buyer chooses to relocate utilities on the Commercial Property and/or the CCRC Property underground, Buyer may do so at its expense and Seller agrees to cooperate reasonably with such efforts, including the granting of any necessary easements, without compensation therefor but at no cost to Seller; provided, however, that the instruments to create such easements shall be prepared by Buyer at its sole cost and expense, and Seller shall not be obligated to grant any easement which would have a material adverse impact upon the development, use, marketing or sale of the Commercial Property or the CCRC Property. Buyer shall grant and convey to Seller or any successor owner of the Commercial Property and the CCRC Property, as the case may be, or to the applicable governmental agency or utility company, promptly upon request from Seller, such easements across the Property which are reasonably necessary in conjunction with the development of the Commercial Property or the CCRC Property, at no cost or charge to Seller; provided, however, that the instruments to create such easements shall be prepared by Seller at -their sole cost and expense, and Buyer shall not be obligated to grant any easement which would have a material adverse impact upon the development, use, marketing or sale of the Property. Seller shall grant and convey to Buyer or to the applicable governmental agency or utility company, promptly upon request from Buyer, such easements across the Commercial Property and/or the CCRC Property which are reasonably necessary in conjunction with the development of the Property, at no cost or charge to Buyer; provided, however, that the instruments to create such easements shall be prepared by Buyer at its sole cost and expense, and Seller shall not be obligated to grant any easement which would have a material adverse impact upon the development, use, marketing or sale of the Commercial Property or the CCRC Property. For purposes of this Section 1, it is understood and agreed that temporary grading, drainage, construction and similar easements near the common boundary lines of the Property and the Commercial Property or CCRC Property shall not be considered to have a material adverse impact upon the development, use, marketing or sale of the Property, the Commercial Property or the CCRC Property. 2. The provisions of this Agreement shall be binding upon and inure to the benefit of Seller and Buyer and their respective successors and assigns, and shall run with the land and may only be nullified by a written instrument executed by Seller and Buyer and recorded among the Land Records of Clarke and Frederick Counties, Maryland. 3. This Agreement shall be governed, construed and enforced according to the laws of the Commonwealth of Virginia, without regard to principles of conflict of laws. 4. The parties agree that this Agreement shall be recorded among the Land Records of Clarke and Frederick Counties, Virginia. 5. If any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this l.&a 387324vl/09000.0001/Qare Saved: 10/2ll04 instrument shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 6. Each party agrees that upon written request of the other, it will issue to such party, or its prospective mortgagee or successor, an estoppel certificate stating to the issuer's knowledge as of such date: (i) whether it knows of any default under this Agreement by the requesting party, and if there are known defaults, specifying the nature thereof; (ii) whether this Agreement has been assigned, modified or amended in any way by it and if so, then stating the nature thereof; (iii) whether this Agreement is in full force and effect; and (iv) such other matters as may be reasonably requested. 7. This Agreement may be executed in counterparts which taken together shall constitute one and the same instrument. (SIGNATURE PAGE FOLLOWS] LAB 387324v1109000.00011DWA Saved: ]021104 Iv OD ut IN WITNESS WHEREOF, Seller and Buyer have executed this Agreement as of the date set forth above. SELLER: WHEATLANDS LLC By: Dogwood Development Group LLC, its Manager By David W. Geiger, branager BUYER: OXBRIDGE DEVELOPMENT AT SHENANDOAH, L.C. By: Oxbridge Development, L.C., its Manger By: &'R Title: L&B 367324v1/09000.0001/Dare Saved: 1021/04 0,.•�/� CT1�� ) W st ict 0 C )W" SS: M e foregoing instrument was subscribed, sworn to and acknowledged before me this . day of oeto b 1 , 2004, by David W. Geiger, Manager of DOGWOOD DEVELOPMENT GROUP LLC, a Delaware limited liability company, as Manager of WHEATLANDS LLC on behalf of the limited liability company as its act and deed. In witness whereof, I hereunto set my hand and offi' . ' �a;�• (Notarial. Ste) Notaryoublie 5MY Comwiil stun Expires: Notwy PabHC ofclotnbla 4 ? _ Cam Maarb3L2W NO U15LUICA{aI l l The foregoing,instrurnent was subscribed, sworn to and acknowledged before me this ,;Z -day of L'o 2004, by Ef (lotTo+a IA,EK-c. VP, him of Oxbridge Development, L.C., as Manager of Oxbridge Development at Shenandoah, L.C. on behalf of the limited liability company as its act and deed. �,, w ' "IO�witness whereof, I hereunto set my hand and official e Notary lic k My Commission Expires: LAB 387324vl/09000.0001/Dete Saved: 1021104 EXHIBIT A O co .t-. (Legal Description of the Land) `-I All those certain parcels of land lying and being situate in situate in Frederick and Clarke Counties, Virginia, being more particularly described as follows: PARCEL I: A parcel of land situated in Opequon Magisterial District, Frederick County, Virginia, located on the south side of Virginia State Route 277, more particularly described as follows: BEGINNING AT AN IRON ROD FOUND IN THE SOUTHERLY RIGHT OF WAY LINE OF VIRGINIA ROUTE 277 (FAIRFAX PIKE) AT THE NORTHWESTERLY CORNER OF THE GARY A. BOLYARD LAND; THENCE DEPARTING FAIRFAX PIKE AND RUNNING WITH THE WESTERLY LINE OF THE SAID BOLYARD LAND, S 27047'19" W - 482,26' TO CORNER POST; THENCE RUNNING WITH THE SOUTHERLY LINE OF THE SAID BOLYARD LAND AND THEN THE ROGER G. CLARK AND THE FLOYD L. LEE LAND, S 64044'08" E - 380.50' TO A POST AT THE SOUTHWESTERLY CORNER OF THE BERNICE A. RAPCZYK LAND; THENCE WITH THE SOUTHERLY LINE OF THE SAID RAPCZYK LAND, S 65005'23" E - 366.97' TO A POST AT THE SOUTHWESTERLY CORNER OF THE RALPH L. CATLETT LAND; THENCE WITH THE SOUTHERLY LINE OF THE SAID CATLETT LAND, S 66056'34" E - 199.87' TO AN IRON ROD FOUND IN THE WESTERLY LINE OF THE MELVIN RICHARD SANDY LAND; THENCE WITH THE WESTERLY LINE OF THE SAID SANDY LAND AND THEN THE SANDY'S MOBILE COURT, INC. LAND, S 20°50'37" W - 2832.28' TO A 3" CORNER POST, A CORNER TO WHEATLANDS LLC PARCEL II TRACT 2; THENCE RUNNING WITH THE NORTHERLY LINE OF THE SAID PARCEL II TRACT 2, N 62043'05" W-2110.17' TO AN IRON ROD FOUND BY A DOUBLE HICKORY TREE AT THE SOUTHEASTERLY CORNER OF THE MILTON K. APPERSON LAND; THENCE WITH THE EASTERLY LINE OF THE SAID APPERSON LAND, N 26°52'10" E - 3522.73' TO AN IRON ROD FOUND IN THE AFOREMENTIONED SOUTHERLY RIGHT OF WAY LINE OF FAIRFAX PIKE; THENCE RUNNING WITH THE SAID LINE OF FAIRFAX PIKE FOR THE TWO FOLLOWING COURSES: WITH A CURVE TURNING TO THE LEFT WITH AN ARC LENGTH OF 612.66', WITH A RADIUS OF 2866.84, WITH A CHORD BEARING OF S 43-35'18" E, WITH A CHORD LENGTH OF 611.49' TO A VDH MONUMENT, THENCE S 49042'38" E - 306.09' TO THE POINT OF BEGINNING. CONTAINING ............... 137.2834 ACRES Being a portion of the property of which a % undivided interest was conveyed to Jasbo, Inc. from James L. and Mary J. Bowman by deed dated December 16, 1986, and is the same property, in its entirety, of which a''/2 undivided interest was conveyed to Fred L. Glaize, III, from William A. Johnston and H. K. Benham, III, Trustees, by deed dated October 30, 1973, said deeds recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 634 at Page 499 and in Deed Book 421 at Page 606, respectively. PARCEL II: A parcel of land (comprised of two non-contiguous tracts) situated mostly in Opequon Magisterial District, Frederick County, Virginia, partially in Greenway Magisterial District, Clarke County, Virginia, located on the west side of U. S. Routes 340 and 522 (Front Royal Pike) and the east side of Virginia State Route 636 (Hudson Hollow Road), more particularly described as follows: Tract 1: BEGINNING AT AN IRON ROD FOUND IN THE WESTERLY RIGHT OF WAY LINE OF U.S. ROUTES 522/340 (FRONT ROYAL PIKE), A CORNER TO WHEATLANDS LLC (PIN 94-A-1); THENCE WITH THE SAID WHEATLANDS LLC LAND FOR THE THIRTEEN FOLLOWING COURSES: N 64°59'59" W - 467.93' TO AN IRON ROD SET; THENCE WITH A CURVE TURNING TO THE RIGHT WITH AN ARC LENGTH OF 314.11', WITH A RADIUS OF 505.00', WITH A CHORD BEARING OF N 47010'50" W, WITH A CHORD LENGTH OF 309.07' TO AN IRON ROD SET; THENCE N 29*2F41" W - 139.5I' TO AN IRON ROD SET; THENCE WITH A CURVE TURNING TO THE LEFT WITH AN ARC LENGTH OF 107.10', WITH A RADIUS OF 305.00', WITH A CHORD BEARING OF N 39-25-16" W, WITH A CHORD LENGTH OF 106.55' TO AN IRON ROD SET; THENCE S 36°08'33" W - 51.92' TO AN IRON ROD SET; THENCE WITH A CURVE TURNING TO THE LEFT WITH AN ARC LENGTH OF 69.42', WITH A RADIUS OF 176.00', WITH A CHORD BEARING OF S 24050'36" W, WITH A CHORD LENGTH OF 68.97TO AN IRON ROD SET; THENCE S 13°32'39" W - 52.77' TO AN IRON ROD SET; THENCE WITH A CURVE TURNING TO THE RIGHT WITH AN ARC LENGTH OF 173,02', WITH A RADIUS OF 188.00', WITH A CHORD BEARING OF S 39°54'34" W, WITH A CHORD LENGTH OF 166.98' TO AN IRON ROD SET; THENCE S 66°16'30" W - 23.27TO AN IRON ROD SET; THENCE WITH A CURVE TURNING TO THE RIGHT WITH AN ARC LENGTH OF 165.42', WITH A RADIUS OF 183.00', WITH A CHORD BEARING OF N 87°49'48" W, WITH A CHORD LENGTH OF 159.84' TO AN IRON ROD SET; THENCE N 61056'05" W - 74.83' TO AN IRON ROD SET; THENCE S 28°03'55" W - 191.48' TO AN IRON ROD SET; THENCE S 110 1 T02" W - 916.59' TO AN IRON ROD SET IN THE NORTHERLY LINE OF THE NORMAN N. TOLKAN LAND; THENCE WITH THE SAID TOLKAN LAND FOR THE THREE FOLLOWING COURSES: N 78142'58" W - 1786.66' TO AN IRON PIPE FOUND; THENCE N 39° 16'05" E - 799.36' TO A 24" HACKBERRY TREE; THENCE N 49042'24" W - 3185.50' TO AN IRON ROD FOUND IN THE SOUTHERLY LINE OF OAK RIDGE PROPERTIES, INC. LAND; THENCE WITH THE EASTERLY LINES OF THE SAID OAK RIDGE PROPERTIES, INC. LAND FOR THE THREE FOLLOWING COURSES; N 74056'10" E - 36.83' TO AN IRON ROD FOUND; THENCE N 05005'40" W - 159.32' TO AN IRON ROD FOUND; THENCE N 12°27'46" E - 489.46' TO AN 8" ELM TREE BY A FENCE POST; THENCE N 07°12'26" W - 2195.18' TO AN IRON ROD FOUND BY FENCE POST, A CORNER TO THE ELIZABETH CAMPBELL ESTATE; THENCE WITH THE EASTERLY LINE OF THE SAID CAMPBELL ESTATE AND THEN THE BOBBY W. GIBSON LAND, N 36023'03" E - 1140.18' TO A 36" WHITE OAK TREE AT THE MOST EASTERLY CORNER OF THE SAID GIBSON LAND; THENCE RUNNING WITH THE 7 C-)- co Q0 NORTHERLY LINE OF THE SAID GIBSON LAND AND THEN WITH THE LEE CAMPBELL LAND, N 63057'34" W - 1359.0l' TO A 24" CEDAR TREE; THENCE CONTINUING WITH CAMPBELL AND CROSSING ROUTE 636, S 64°5348" W - 57.66' TO AN IRON ROD FOUND IN THE LINE OF THE HOWARD L. BAILEY LAND; THENCE RUNNING WITH THE SAID BAILEY LAND FOR THE FOUR FOLLOWING COURSES: WITH A CURVE TURNING TO THE LEFT WITH AN ARC LENGTH OF 36.60', WITH A RADIUS OF 50.01', WITH A CHORD BEARING OF N 42°30'16" W, WITH A CHORD LENGTH OF 35.79' TO AN IRON ROD FOUND, THENCE N 63-28-09" W - 219.72' TO AN IRON ROD FOUND; THENCE WITH A CURVE TURNING TO THE RIGHT WITH AN ARC LENGTH OF 88.20', WITH A RADIUS OF 151.95', WITH A CHORD BEARING OF N 46050'24" W, WITH A CHORD LENGTH OF 86.97' TO AN IRON PIPE FOUND, THENCE N 66008'39" W - 231.8 F TO AN IRON ROD FOUND IN THE EASTERLY LINE OF THE ROY S. MADAGAN LAND; THENCE WITH THE EASTERLY LINE OF THE SAID MADAGAN LAND CROSSING ROUTE 636 AND FINALLY WITH THE WALTER F. LEWIS LAND, N 27019'56" E-1406.60' TO AN IRON ROD FOUND; THENCE CONTINUING WITH THE SAID LEWIS LAND, N 26°28'01" E - 763.83' TO AN IRON PIPE FOUND IN THE SOUTHERLY LINE OF THE JOHN M. LEIGHT LAND; THENCE WITH SAID LINE OF THE LEIGHT LAND, S 65-0701" E - 1051.81' TO AN IRON ROD FOUND, A CORNER TO THE COMMONWEALTH OF VIRGINIA, COMMISSION OF GAME AND INLAND FISHERIES LAND; THENCE WITH THE SAID COMMISSION OF GAME AND INLAND FISHERIES LAND FOR THE 184 FOLLOWING COURSES: S 23°55'24" W - 57.70; THENCE S 45055'13" E - 42.78; THENCE S 11147'30" E - 116.47; THENCE S O4'00'33" W - 53.71 ; THENCE S 36°53'36" W - 53.04% THENCE S 06°00'06" W - 52.05; THENCE S 12055'44" W - 38.56; THENCE S 02°53'01" W - 50.72; THENCE S 08°05'14" E-48.45; THENCE S 11 033'21" E - 53.40; THENCE S 24117'52" E - 37.29' TO A,.; THENCE S 10005'09" E - 108.82; THENCE S 22*53'11" E - 131.93'; THENCE S 08'05'14" E - 56.25; THENCE S 39003'48" E - 65.60% THENCE S 21105'44" E - 499.47; THENCE S 68°05'43" W - 73.00'; THENCE S 49°53'16" W - 50.76; THENCE S 89024'08" W - 43.65; THENCE S 68005'43" W - 73.62; THENCE S 18126'24" W - 75.45; THENCE S 44'1932" E - 69.73; THENCE N 83055'53" E - 213.77'; THENCE S 74°19'34" E - 102.38; THENCE S 34°40'12" E - 50.30'; THENCE S 20*11'17" W - 55.39; THENCE S 64°40'32" W - 113.80'; THENCE S 13008'03" W - 72.49; THENCE S 41146'29" E - 67.60; THENCE N 84'1T24" E - 89.98; THENCE N 62044'19" E - 91.31; THENCE S 39°29'50" E - 79.10; THENCE S 07°24'24" W - 70.05'; THENCE S 38020'32" E - 52.08; THENCE N 81°54'46" E - 63.67'; THENCE S 28017'23" E - 75.98% THENCE S 41144'52" E-142.02; THENCE S 36°47'38" E - 155.28; THENCE S 45040'22" E-112.40'; THENCE S 19°35'09" W - 82.23'; THENCE S 36°21'45" E - 55.39; THENCE N 81°54'46" E - 63.73 ; THENCE S 47027'53" E - 74.87 ; THENCE S 27044'00" E - 92.85 ; THENCE S 14125'53" E-101.85' TO A,.; THENCE S 18057'46" E - 297.90' TO A,.; THENCE S 67°51' 16" W - 139.09% THENCE S 32028'38" W - 66.91 ; THENCE S 16025'25" E - 42.07; THENCE S 60°50'02" E - 35.12% THENCE N 84°00'57" E - 35.87% THENCE N 58040'03" E - 30.35 ; THENCE S 83°06'39" E - 82.53% THENCE S 09049'18" W - 94.98; THENCE S 01131'35" W - 172.91% THENCE S 06°47'42" W - 159.31 ; THENCE S 30010'44" W - 29.85 ; THENCE S 73055' 16" W - 62.97'; THENCE N 87°47'20" W - 76.22; THENCE S 88012'17" W - 71.47; THENCE S 56139'42" W - 57.09; THENCE S 09035'33" W - 48.08; THENCE S 43°35'21" E - 50.29; THENCE S 71016'54" E-112.39; THENCE S 63021'20" E - 78.91 ; THENCE S 11 *40'51" W - 99.64% THENCE S 05°28'36" W - 8 0 co cn 111.88; THENCE S 89°24'07" W - 143.67; THENCE S 49°56'26" W - 70.73; THENCE S C:) 08005'14" E - 78.77; THENCE S 78°52'27" E - 91.33; THENCE S 67°22'42" E - 139.50'; THENCE S 13023'44" E - 161.97; THENCE S 01 °33'08" W - 205.07; THENCE N 89°35'02" W - 115.34'; THENCE S 83°59'05" W - 53.66'; THENCE N 83°44'39" W - 90.60; THENCE N 60054'21" W - 75.88; THENCE N 69°18'18" W - 49.39; THENCE S 73°49'02" W - 49.44', THENCE N 7204274" W - 60.75'; THENCE N 84°30'27" W - 116.12; THENCE N 67*21'19" W - 131.66' TO A,.; THENCE S 78°15'06" W - 56.78; THENCE N 46*32'15" W - 109.62; THENCE N 73011'29" W - 51.64; THENCE S 58°15'46" W - 44.74; THENCE N 83°24'05" W - 70.79% THENCE S 54°56'45" W - 43.85; THENCE S 15°36'22" W - 57.35; THENCE S 56048'50" E - 83.49'; THENCE S 29°0573" E - 41.18; THENCE S 40°41'51" E - 29.68'; THENCE S 8002T14" E - 27.51'; THENCE S 25"04'33" E - 44.12'; THENCE S 88103'21" E - 43.56'; THENCE S 46°45'53" E - 32.36'; THENCE S 73°15'30" E - 36.12; THENCE S 56055'51" E - 53.67'; THENCE S 81°49'06" E - 126.23; THENCE S 68°37'22" E - 125.55'; THENCE S 16005'49" W - 65.97 ; THENCE S 32041'40" E - 40.02 ; THENCE S 75°05'43" E - 40.41 ; THENCE N 60°33'15" E - 105.33'; THENCE S 84°40'19" E - 121.70; THENCE N 67023'01" E - 31.46; THENCE S 73100'26" E - 268.50; THENCE S 09°33'20" W - 46.49; THENCE S 33048'03" E.- 60.33; THENCE S 27139'l7" W - 62.08; THENCE S 49°44'10" W - 83.19'; THENCE S 03041'42" W - 49.39; THENCE S 28°18'24" E - 40.77; THENCE S 88013'27" E - 47.01 % THENCE N 66°31'38" E - 83.49 ; THENCE S 77°50'33" E - 40.75 ; THENCE S 47021'36" E - 57.23% THENCE S 32"44'17" E - 326.48'; THENCE S 29151'30" E - 176.29'; THENCE S 03°12'20" W - 63.98; THENCE S 72°18'13" W - 53.23; THENCE S 54036'50" W - 67.36; THENCE S 85°49'40" W - 122.94; THENCE N 32°02'52" W - 141.46; THENCE N 53004'04" W - 55.91 ; THENCE N 73°53'37" W - 72.96' TO A,.; THENCE S 58051'34" W - 64.21% THENCE S 12*06'46" E - 48.37; THENCE S 24'01'21" E - 34.63; THENCE S 38034'50" E - 44.16; THENCE S 07°05'12" E - 44.54% THENCE S 81 °5446" W - 359.81'; THENCE S 69036'15" W - 71.61 ; THENCE S 83°02'13" W - 103.92; THENCE N 42017'52" W - 65.31 ; THENCE S 81°54'46" W - 59.52; THENCE S 33°32'27" W - 46.51 ; THENCE N 81047'50" W - 50.08; THENCE S 87°06'39" W - 82.51 ; THENCE N 85°05'03" W - 108.73% THENCE S 74050104" W - 62.18 ; THENCE S 25*33'15" W - 34.40; THENCE S 10021'55" E - 51.73% THENCE S 48052'59" E - 43.55; THENCE S 76°10'32" E - 74.66; THENCE S 56021'26" E - 41.86% THENCE S 78015'09" E - 170.70; THENCE S 10°27'40" E - 71.43; THENCE S 369 V14" E - 85.60; THENCE N 81°54'46" E - 72.05 ; THENCE N 04026'57" E - 81.47 ; THENCE N 81 °5446" E - 31.94% THENCE N 71°59'44" E - 163.461; THENCE S 85°01'59" E - 49.42'; THENCE N 82°41'53" E - 99.16; THENCE S 86132'42" E - 67.93 ; THENCE S 89047'32" E - 207.26% THENCE S 82040'01" E - 109.90% THENCE S 87019'14" E - 195.36; THENCE S 11°45'23" E - 99.62% THENCE S 05°54'00" E - 106.77; THENCE S 0291'45" E - 182.30'; THENCE S 10°29'48" E - 64.62; THENCE S 05049'29" W - 81.91 ; THENCE S 1902659" W - 52.88; THENCE S 43°22'37" W - 85.08; THENCE S 30057'23" W - 60.37; THENCE S 07°16'45" W - 56.38% THENCE S 16°08'42" E - 82.36; THENCE S 38006'13" E - 50.23'; THENCE S 74014'55" E - 48.68' TO AN IRON ROD FOUND; THENCE S 15008'58" E - 812.09' TO AN IRON ROD FOUND; THENCE N 74051'02" E - 721.24' TO AN IRON ROD FOUND; THENCE N 67015'02" E - 578.32' TO AN IRON ROD FOUND; THENCE N 38049'42" E - 89.64' TO AN IRON ROD FOUND; THENCE S 5704178" E - 98.02' TO AN IRON ROD FOUND; THENCE S 69058'38" E - 570.23'; THENCE S 88055'38" E - 70.76; THENCE N 79022'12" E - 320.69' TO AN IRON ROD FOUND; THENCE N 76046' 12" E - 94.18' TO AN IRON ROD FOUND; THENCE S 84°42'48" E - 80.26' TO AN IRON ROD FOUND; THENCE S 62°41'43" E - 468.22' TO AN IRON ROD FOUND IN THE AFOREMENTIONED WESTERLY RIGHT OF WAY LINE OF FRONT ROYAL PIKE; THENCE WITH THE SAID LINE OF FRONT ROYAL PIKE, S 26*41'02" W - 821.08' TO THE POINT OF BEGINNING. CONTAINING .................. 377.9622 ACRES Tract 2: BEGINNING AT AN IRON ROD FOUND IN THE WESTERLY RIGHT OF WAY LINE OF ROUTES 522/340 (FRONT ROYAL PIKE), A CORNER TO THE WILLIAM L. FRANCIS LAND; THENCE WITH THE SAID LINE OF FRONT ROYAL PIKE FOR THE THREE FOLLOWING COURSES: S 19°03'34" W - 323.16' TO A VDTs MONUMENT; THENCE S 19002'51" W - 620.60' TO A VDH MONUMENT; THENCE S 19°04'02" W - 405.39' TO AN IRON ROD FOUND AT THE NORTHEASTERLY CORNER OF THE CLEVELAND WILSON AND GLORIA J. SETTLE LAND; THENCE DEPARTING FRONT ROYAL PIKE AND RUNNING WITH THE SAID WILSON AND SETTLE LAND FOR THE THREE FOLLOWING COURSES: N 70'57'26" W - 350.16' TO AN IRON ROD FOUND; THENCE S 19002'34" W - 196.00' TO AN IRON ROD FOUND; THENCE S 70°5726" E - 350.07' TO AN IRON ROD FOUND IN THE AFORESAID WESTERLY RIGHT OF WAY LINE OF FRONT ROYAL PIKE; THENCE WITH THE SAID LINE OF FRONT ROYAL PIKE, S 19004'02" W - 388.10' TO AN IRON ROD FOUND AT THE NORTHEASTERLY CORNER OF THE MARY E. NICHOL LAND; THENCE AGAIN DEPARTING FRONT ROYAL PIKE AND RUNNING WITH THE SAID NICHOL LAND AND THE BOYD D. RITTER LAND FOR THE THREE FOLLOWING COURSES: N 61'18'25" W - 873.78' TO AN IRON ROD FOUND AT THE NORTHWESTERLY CORNER OF THE SAID BITTER LAND; THENCE WITH THE WESTERLY LINE OF THE SAID RITTER LAND, S 19004'19" W - 836.52' TO AN IRON ROD FOUND AT THE SOUTHWESTERLY CORNER OF THE SAID RITTER LAND; THENCE WITH THE SOUTHERLY LINE OF THE SAID RITTER LAND AND THE AFOREMENTIONED NICHOL LAND, S 71 °33'06" E - 859.62' TO AN IRON ROD FOUND IN THE AFORESAID WESTERLY RIGHT OF WAY LINE OF FRONT ROYAL PIKE; THENCE RUNNING WITH THE SAID LINE OF FRONT ROYAL PIKE FOR THE TWO FOLLOWING COURSES: WITH A CURVE TURNING TO THE RIGHT WITH AN ARC LENGTH OF 604.47', WITH A RADIUS OF 5674.58', WITH A CHORD BEARING OF S 23037'56" W, WITH A CHORD LENGTH OF 604.18', THENCE S 26041'02" W - 504.33' TO AN IRON ROD FOUND AT THE NORTHEASTERLY CORNER OF THE J. DAVID HEADLEY LAND; THENCE AGAIN DEPARTING FRONT ROYAL PIKE AND RUNNING WITH THE J. DAVID HEADLEY LAND FOR THE THREE FOLLOWING COURSES: N 63023'55" W - 492.72' TO AN IRON ROD FOUND; THENCE N 26036'05" E - 350.00' TO AN IRON ROD FOUND; THENCE N 63023'55" W - 800.00' TO AN IRON PIPE FOUND AT THE NORTHWESTERLY CORNER OF THE SAID J. DAVID HEADLEY LAND; THENCE RUNNING WITH THE WESTERLY LINE OF THE SAID J. DAVID HEADLEY LAND AND THEN THE DAVID A. HEADLEY LAND, S 26036'05" W - 1075.00' TO AN IRON ROD FOUND AT THE SOUTHWESTERLY CORNER OF THE SAID DAVID A. HEADLEY LAND; THENCE RUNNING WITH THE SOUTHERLY LINE OF THE SAID DAVID A. HEADLEY LAND, S 63023155" E - 1291.67' TO AN IRON ROD FOUND IN THE !D 0 ao cn N AFORESAID WESTERLY RIGHT OF WAY LINE OF FRONT ROYAL PIKE; THENCE WITH THE SAID LINE OF FRONT ROYAL PIKE, S 26041'02" W - 134.92' TO AN IRON ROD FOUND, A CORNER TO THE COMMONWEALTH OF VIRGINIA, COMMISSION OF GAME AND INLAND FISHERIES LAND; THENCE RUNNING WITH THE LINES OF THE SAID COMMISSION OF GAME AND INLAND FISHERIES LAND FOR THE 231 FOLLOWING COURSES: N 62°41'43" W - 477.40' TO AN IRON ROD FOUND; THENCE N 84042'48" W - 98.14' TO AN IRON ROD FOUND; THENCE S 76*4612" W - 101.20' TO AN IRON ROD FOUND; THENCE S 79°22'12" W - 314.43' TO AN IRON ROD FOUND; THENCE N 88055'38" W - 57.30' TO AN IRON ROD FOUND; THENCE N 69°58'38" W - 556.51' TO AN IRON ROD FOUND; THENCE N 57°41'28" W - 86.92' TO AN IRON ROD FOUND; THENCE N 38°49'42" E - 364.78' TO AN IRON ROD FOUND; THENCE N 74030' 17" W-18.72% THENCE N 01 °45'05" W - 15.24; THENCE N 42°55'14" W - 74.41 ; THENCE N 71 °44'32" W - 178.50; THENCE N 54°4949" W - 76.36; THENCE N 69°14'23" W - 103.29; THENCE N 4713'10" W - 121.00'; THENCE N 34°50'34" W - 103.25'; THENCE N 14015'08" E - 96.08; THENCE N 27157'31" E - 189.01 ; THENCE N 50°27'58" E - 52.54; THENCE N 87055'33" E - 47.57; THENCE S 65°55'40" E - 110.79'; THENCE S 73°12'55" E - 66.92; THENCE S 86°16'59" E - 50.57; THENCE N 77°14'07" E - 49.70; THENCE N 48012'17" E - 42.39% THENCE N 04'55'17" E - 55.46; THENCE N 54°47'40" W - 97.13 ; THENCE N 33033'04" W - 151.94; THENCE N 21058'07" E - 91.30; THENCE N 52°30'10" E - 76.32 ; THENCE S 71 °55'52" E - 229.21 % THENCE S 88°21'03" E - 92.03'; THENCE S 72058'34" E - 78.81 ; THENCE N 86'50' 18" E - 123.41; THENCE N 66°28'45" E - 36.30 ; THENCE N 21 °29'10" E - 49.90% THENCE N 19°23'06" W - 112.91 % THENCE N 38°3647" W - 33.36'; THENCE N 69° 10'07" W - 123.35'; THENCE N 38°25'26" W - 197.60; THENCE N 00028'33" W - 63.02'; THENCE N 18'27'44" E - 176.68; THENCE N 54°36'53" E - 87.91 ; THENCE N 30026'25" E - 44.64% THENCE N 12°57'32" W - 53.97'; THENCE N 17*57,48" W - 64.56; THENCE N 56013'47" E - 116.13; THENCE N 39°54'54" E - 28.67; THENCE N 08059' 18" E - 56.61 % THENCE N 54°2226" W - 134.92'; THENCE N 11 ° 12'58" W - 33.89 ; THENCE N 2405926" W - 155.07; THENCE N 05°24'55" W - 65.78; THENCE N 88°23'22" E - 184.16% THENCE N 45°52'40" E - 56.55'; THENCE N 14048'59" W - 71.23'; THENCE N 67"53'47" W - 206.83% THENCE N 02'15'02" W - 55.29% THENCE N 19"58'02" E - 353.57; THENCE N 8105446" E - 58.21 ; THENCE S 62°2377" E - 199.66; THENCE S 89032'45" E - 94.11 ; THENCE N 34°22'25" E - 67.74; THENCE N 13°17'01" W - 137.84; THENCE N 69053'12" W - 264.21 ; THENCE N 13°41'42" E - 134.38% THENCE N 11"50'04" W - 254.32% THENCE N 08005'14" W - 212.23'; THENCE N 31°20'51" E - 82.43' ; THENCE N 34°35'26" E - 191.36; THENCE N 23°28'03" E - 162.77; THENCE N 20°00'57" W - 66.06; THENCE S 86001'08" W - 116.65% THENCE S 37°43'37" W - 405.89; THENCE N 53004'04" W - 252.91; THENCE S 8402327" W - 64.06' ; THENCE S 37°20'32" W - 44.45'; THENCE S 08°05'14" E - 73.87; THENCE S 34018'50" E - 120.21; THENCE S 47°36'43" E - 111.35; THENCE S 43049'18" E - 98.43 ; THENCE S 16°59'58" E - 96.00; THENCE S 08°48'43" E - 257.33 ; THENCE S 20051'05" W - 223.51'; THENCE S 57128'54" W - 50.22 ; THENCE S 27°23'30" W - 35.77; THENCE S 2510946" E - 56.61 ; THENCE S 22°39'21" W - 203.33 ; THENCE S 48016'54" W - 44.98; THENCE S 89°30'37" W - 125.80; THENCE S 2005737" W - 85.66; THENCE S 49019'52" E - 128.97; THENCE S 08°55'56" W - 296.74; THENCE S 45°08'14" W - 26.49'; THENCE N 67°28'33" W - 106.26; THENCE S 45°00'51" W - 83.23 ; THENCE S 15025'33" E - 68.86; THENCE S 61°47'06" E - 181.54% THENCE S 15001'02" W - 118.70; THENCE S 28028'47" W - 69.67; THENCE S 32°38'00" W - 75.90; THENCE S 50°50'32" W - co cn w 86.78; THENCE S 89°08'16" W - 76.79; THENCE S 58°54'28" W - 49.87; THENCE S 27007'32" W - 32.42' ; THENCE S 09°25'12" W - 31.07; THENCE S 16°36'57" E - 63.02; THENCE S 29005'51" W - 56.72; THENCE S 52°07'17" W - 18.82; THENCE S 31°46'57" W - 40.78'; THENCE S 56°53'57" W - 68.88; THENCE S 40°22'47" W - 144.38; THENCE S 1904719" W - 79.95; THENCE S 37°48'22" W - 370.68; THENCE S 65°09'58" W - 43.36; THENCE N 61013'07" W - 41.64; THENCE N 09°59'10" W - 124.85; THENCE N 03'11,59" E - I06.06'; THENCE N 0504610" W - 104.09; THENCE N 17°52'41" W - 122.50; THENCE N 20002'05" E - 102.09; THENCE N 21°04'50" E - 87.66; THENCE N 09°54'54" E - 94.66; THENCE N 18028'40" E - 65.41; THENCE N 28°25'16" E - 63.48'; THENCE N 03°20'51" W - 50.07; THENCE N 34036'12" W - 55.76; THENCE N 86°43'53" W - 42.42; THENCE N 88058'37" W - 18.41'; THENCE N 63°47'06" W - 59.89; THENCE N 42°35'18" W - 43.67; THENCE N 7005821" W - 59.70; THENCE N 32°59'08" W - 128.44; THENCE N 87°49'25" W - 46.47; THENCE S 53*15'38" W - 52.11 ; THENCE S 02°07'19" W - 46.68; THENCE S 29049'04" E - 36.38; THENCE S 01°26'42" W - 50.70; THENCE S 24°16'06" E - 38.46; THENCE S 28044'32" E - 48.92; THENCE S 05034'02" E - 91.32; THENCE S 20'15'04" W - 39.19; THENCE S 25'33'18" W - 80.00; THENCE S 41134'14" W - 29.11; THENCE S 87019'19" W - 23.39'; THENCE N 39119'33" W - 151.81; THENCE N 35°21'58" W - 154.84; THENCE N 26029'20" W - 42.04; THENCE N 31°10'06" W - 60.78' ; THENCE N 19°40'33" W - 283.51 ; THENCE N 35058'39" W - 216.40'; THENCE N 28003'02" W - 87.78'; THENCE N 08005'14" W - 191.33'; THENCE N 01021'29" E - 114.04; THENCE N 55018'36" E - 75.45; THENCE N 08005'14" W - 45.34; THENCE N 38°19'03" W - 33.33; THENCE N 64°45'11" W - 78.76'; THENCE N 50051'51" W - 31.61; THENCE N 17010'00" W - 100.68; THENCE N 02025'21" E-102.96'; THENCE N 43°44'35" E - 66.75; THENCE N 01°18'53" E - 45.66; THENCE N 23031'20" E - 114.48; THENCE S 75000'32" E - 219.99'; THENCE N 52°34'37" E - 68.83'; THENCE N 04016'47" E - 32.29'; THENCE N 18°00'31" W - 34.39; THENCE N 60048'59" W - 76.27; THENCE N 46°07'25" W - 70.92'; THENCE N 65°10'27" W - 49.17; THENCE N 56°53'43" W- 51.65; THENCE N I 1°18'57" E- 262.67'; THENCE N 76°01'08" E - 24.55' ; THENCE N 57113'14" E - 53.31 ; THENCE N 02°55'15" W - 82.84; THENCE N 66004'32" W - 106.11 ; THENCE N 64°35'43" E - 239.55; THENCE N 08°05'14" W - 78.70; THENCE N 44056'55" W - 75.05; THENCE S 65°56'40" W - 81.88'; THENCE S 83°34'15" W - 134.52; THENCE N 37'43'18" W - 104.63 ; THENCE N 29°01'01" W - 87.25 ; THENCE N 08005'14" W - 202.52; THENCE N 25°22'47" W - 220.45'; THENCE N 07°24'25" E - 73.88'; THENCE N 68043'29" W - 72.53 ; THENCE N 4210349" E - 61.75 ; THENCE N 52°28'22" E - 177.02; THENCE N 12°27'47" E - 67.63 ; THENCE N 62°03'08" W - 53.76; THENCE S 81 °54'46" W - 114.62 ; THENCE S 61 ° ] 2' 10" W - 190.19; THENCE N 49°46'44" W - 144.83' ; THENCE N 44019'32" W - 90.34; THENCE N 31*41'33" W - 42.44' ; THENCE N 04°53'26" E - 90.96; THENCE N 44°19'45" E - 64.87; THENCE N 00°40'55" E - 52.05; THENCE N 41049'02" W - 57.04; THENCE N 05°56'59" E - 97.87; THENCE N 32°12'51" E - 171.13 ; THENCE N 44008'48" E - 155.04'; THENCE N 25°10'19" E - 151.37% THENCE N 38°48'35" E - 167.86; THENCE N 08005'14" W - 79.14'; THENCE N 6904646" W - 58.39; THENCE S 4400V02" W - 586.08; THENCE S 33°53'44" W - 159.60; THENCE S 15'19'48" W-129.36; THENCE N 58021'41" W - 50.52'; THENCE N 44°47'46" W - 96.77; THENCE N 28*03,33" W - 86.50; THENCE N 34°38'28" W - 123.91; THENCE N 33°00'15" W-154.84% THENCE N 21 °41'48" W - 41.38 ; THENCE N 07°44' 10" W - 71.00 ; THENCE N 41 ° 19'46" W - 30.02 ; THENCE N 51053'58" W - 32.72; THENCE N 23°14'18" W - 191.18' ; THENCE N 27°40'06" W - 323.95; THENCE N 11°18'52" W - 99.77; THENCE N 48°41'34" W - 34.58; THENCE N ]L 0 co cn r 04021'46" E - 34.60'; THENCE N 29°06'05" W - 52.19 ; THENCE N 27005'29" E - 78.03 ; THENCE N 11038'30" W - 60.16; THENCE N 20'36'07" W - 69.151; THENCE N 08*05'14" W - 74.97 ; THENCE N 18°05'43" W - 64.76'; THENCE N 28°38' 15" W - 8.05' TO AN IRON ROD FOUND IN THE SOUTHERLY LINE OF THE MILTON K. APPERSON LAND; THENCE S 65007'0 V E - 1308.64' TO AN IRON ROD FOUND BY A DOUBLE HICKORY TREE AT THE SOUTHWESTERLY CORNER OF WHEATLANDS LLC PARCEL I; THENCE WITH THE SOUTHERLY LINE OF WHEATLANDS LLC PARCEL I, S 62-43105" E - 2110.17' TO A 3" CORNER POST AT THE SOUTHWESTERLY CORNER OF SANDY'S MOBILE COURT, INC. LAND; THENCE WITH THE SOUTHERLY LINE OF THE SAID SANDY'S MOBILE COURT, INC. LAND, S 61047'26" E - 851.84' TO AN IRON ROD SET AT THE SOUTHWESTERLY CORNER OF THE ROSALIE B. CHAM 3LIN LAND; THENCE RUNNING WITH THE SAID CHAMBLIN LAND FOR THE THREE FOLLOWING COURSES: S 68°27'08" E - 676.50' TO AN IRON ROD SET; THENCE N 20055'12" E - 115.50' TO AN IRON ROD SET; THENCE S 69°04'48" E - 1431.09' TO AN IRON ROD FOUND AT THE NORTHWESTERLY CORNER OF THE JOHN F. DAVIS, JR. LAND; THENCE WITH THE WESTERLY LINE OF THE SAID JOHN F. DAVIS, JR. LAND, S 16026'00" W - 491.60' TO AN IRON ROD FOUND; THENCE RUNNING WITH THE SOUTHERLY LINE OF THE SAID JOHN F. DAVIS AND THEN THE AFOREMENTIONED WILLIAM L. FRANCIS LAND, S 69-47'18" E - 777.23' TO THE POINT OF BEGINNING. CONTAINING ....................429.3999 ACRES 13 Cl) co rn EXHIBIT B r-n Legal Description of the CCRC Property A parcel of land situated in Greenway Magisterial District, Clarke County, Virginia, located on the west side of U.S. Routes 340 and 522 (Front Royal Pike), more particularly described as follows: Beginning at an iron rod found in the western right of way line of U.S. Routes 340 and 522, a comer to William L. and Jo Ann Francis, thence with the said right of way line S 19Q 03' 34" W 323.16 feet to a V.D.H. monument, S 1911 02' 51" W 620.60 feet to a V.D.H. monument, S 19° 04' 02",W 405.39 feet to an iron rod found, a corner to Cleveland Wilson and Gloria J. Settle, thence with Wilson and Settle N 700 57' 26" W 350.16 feet to an iron rod found, thence leaving Wilson and Settle and proceeding through Wheatlands LLC N 690 47' 18" W 364.80 feet, N 160 26' 00" E 1,358.97 feet to an iron rod found, a corner to John F., Jr. and Lillian M. Davis, thence first with Davis and finally with William L. and Jo Ann Francis S 690 47' 18" E 777.23 feet to the beginning, Containing 23.1990 acres, more or less Being a portion of the property that was conveyed to Wheatlands LLC from Fred L. Glaize, III and JASBO, Inc. by deed dated June 25, 2003, said deed recorded in the Office of the Clerk of the Circuit Court of Clarke County, Virginia in Deed Book 381 at Page 730 (Frederick County Instrument No. 030014092). IBM Tax Map No. 27-A-16 IN 14 LAB 387324v1/09000.0001/Due Saved: 10/21/04 EXHIBIT C O Legal Description of the Commercial Property CO rn A pazcel of land situated mostly in Opequon Magisterial District, Frederick County, Virginia, partially in Greenway Magisterial District, Clarke County, Virginia, and partially in North River Magisterial District, Warren County, Virginia, located on the west side of U. S. Routes 340 and 522 (Front Royal Pike), more particularly described as follows: Beginning at a 10 inch corner post in the western right of way line of U. S. Routes 340 and 522, a corner to Mary M. Grady, thence first with Mary M. Grady, next with Albert M. and Terri L. Grady, and finally with Norman N. and Constance H. Tolkan N 780 42' S8" W 1,050.00 feet, thence leaving Tolkan and proceeding through Wheatlands LLC N 110 17' 02" E 916.59 feet, N 28° 03' 55" E 191.48 feet, S 610 56' 05" E 74.83 feet, by a curve to the left, said curve having a radius of 183.00 feet and an arc of 165.42 feet (chord S 87° 49' 48" E 159.84 feet), N 661 16' 30" E 23.27 feet, by a curve to the left, said curve having a radius of 188.00 feet and an arc of 173.02 feet (chord N 39e 54' 34" E 166.98 feet), N 130 32' 39" E 52.77 feet, by a curve to the right, said curve having a radius of 176.00 feet and an arc of 69.42 feet (chord N 24° 50' 36" E 68.97 feet), N 36° OF 33" E 51.92 feet, by a curve to the right, said curve having a radius of 305.00 feet and an arc of 107.10 feet (chord S 39125' 16" E 106.55 feet), S 291 21'41" E 139.51 feet, by a curve to the left, said curve having a radius of 505.00 feet and an are of 314.11 feet (chord S 47' 10' 50" E 309.07 feet), S 64159' 59" E 467.93 feet to a point in the aforementioned western right of way line of U. S. Routes 340 and 522, thence with the said right of way line S 260 41' 02" W 656.29 feet to a V.D.H. monument, by a curve to the left, said curve having a radius of 11,514.16 feet and an arc of 363.35 feet (chord S 250 48' 48" W 363.33 feet) to the beginning. Containing 31.0580 acres, more or less. Being a portion of the property that was conveyed to Wheatlands LLC from Jeffrey E. Williams by deed dated June 26, 2003, and a portion of the property that was conveyed to Wheatlands LLC from Fred L. Glaize, III, and JASBO, Inc., by deed dated June 25, 2003, said deeds recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, as instrument No. 030014085 (Clarke County Deed Book 381 at Page 728) and Instrument No. 030014092 (Clarke County Deed Book 391 at Page 730), respectively. L&B 397324v1/09000.0001/Date Save4: 10/21/04 MOB" AkRONS1[Z Qotnrr y Wr. M*' er Weift Wye Bid to me m !P—A9-0il. r and Wild W l8ale or ale 10 SWAMOL was edmined to reined Tn imposed by Sec. 58.1-M or 15 3 6/41 .and S&1.W1 bave been paid. U =ss&eWe 4se . Clem Thomas Moore Lawson, Esq. July 2, 2013 Page 2 are is something to which the County is not privy. Please be advised, however, that to the extent this statement or your letter is somehow intended to bind the County, in the absence of a response by the County, Virginia law under no circumstances permits any attempt to obtain such "negative consent" from the County. Since yours, 'Roderick B'Williams . .County Attorney N LAWSON AND SIL.EK, P.L.C. 120 EXETER DRIVE, SUITE 200 POST OFFICE BOX 2740 WINCHESTER, VA 22604 TELEPHONE: (540) 665-0050 FACSIMILE: (540) 722-4051 Roderick B. Williams, Esquire County Attorney 107 North Kent Street Winchester, VA 22601 VIA E-MAIL Dear Rod: THOMAS MOORE LAWSON • TLAWSON6'LSPLC.CONI June 24, 2013 Re: Shenandoah. Development Our File No. 121.1.001 This is to confirm our previous communications and correspondence concerning the above -referenced project. As you know, the property was approved as a residential recreational community district with the understanding that there would be several land bays and provisions for development and build -out by different builders. That layout included a commercial area which fronts on Route 522 and also has access off of the main public road coming into the Shenandoah development. Since the development was originally approved, the property has been sold several times, once to Dogwood. Development Group, LLC, then to Oxbridge Development at Shenandoah, L.C., and now to MREC Shenandoah Valley, LLC ("MREC"). Also, along the way, there have been numerous outsales of lots to individual homeowners. As of the writing of this letter approximately 150 lots have been sold and homes have been constructed on the same. Currently my clients are in the process of closing on the purchase of the property which involves negotiations with existing lenders. As you are aware, the existing purchase is for all of the property less and except the approved commercial property. The commercial property remains in the ownership of Wheatlands LLC. The amended Master Development Plan which has been circulated for agency comments and which we anticipate will be on the Planning Commission's agenda shortly is only for the property owned by MREC. As part of the Master Development Plan process we have been advised by Frederick County that it would be wise to submit a statement to the County advising of the various outsales of the property and that, going forward, it is anticipated that various lots and land bays will be sold to separate builders and/or developers. With the conveyance of said property it is intended that those builders and/or developers will be free to file whatever plans FROYr ROvAL AooRtss: POST OczicE. ROX 6021 FRm%m Rovm, VIRGINIA 22630TE1.EPHO,vE: (540) 6M-9415 • FAMN111.E: (540) 635-9421 • E-sb�tt.:.tStt.Faa t.nwSo�nS1>`a.eK.Co>t ,- Roderick B. Williams, Esquire June 24, 2013 Page 2 they believe are necessary to allow for the development of their property to include, but not be limited to, amended Master Development Plans, Site Plans, etc. We have been advised that this letter, which constitutes a submission to Frederick County, is to ensure that the Frederick County Board of Supervisors has knowledge of the most recent Master Development Plan amendment. This is also to put the Board on notice that consistent with the previously approved plan as well as what has in fact occurred at this community, there is and will continue to be in all likelihood more than one builder and/or developer building out this community. Further, with this submission we are giving notice that if and when a submission is filed there will be no need, requirement, or request from the County and/or any of its departments or agencies for signatures from any other property owners within the development, whether they be adjoining property owners or not, if the plan or permit at issue does not involve such other property owner's property and/or unless the plan or permit at issue affects any joint obligations. Thank you for your attention to these matters. Unless we hear from you to the contrary we will assume this is a complete recitation of the understandings and agreements between the property owners at the community known as Shenandoah in Frederick County, Virginia. TML: jk Very truly yours, Thomas Moore Lawson Counsel for Lansdowne Development Group MREC SHENAND041-1 VA, LLC �/7--f/13 Date By: Its: CD 0 tr Otl,r. od e co ,.- ¢'�'OLjj7 LETTER OF TRANSMITTAL --� group TO: ATTENTION: PHONE: VIA COURIER PICKUP U.S. MAIL HANDCARRY OVERNIGHT OTHER DATE: JOB NAME: JOB NUMBER: RE: ORIGINALS PRINTS REPRODUCIBLES SHOP DRAWINGS SPECIFICATIONS COPY OF LETTER DISKETTE OTHER: MITTED BY: rmr mmr s{a+e RECEIVED BY: FW M am nerd 600 Jefferson Plaza, State 550, Rxkvlb. MD 20!'Jp . 30i214A180 I = I01MUill VlM MX' FREDMl1CK OMWry. WT. �a of wM-B -= Pdnood to me m r87 >it-11:31 a.yn, and wftb MMIC to of **WwWd®enxW tbereto ttm+exed — admitted to seoma Tax bxR—W by sec, 58.I.802 of _ ad 58.1.801 have been Paid it atoneable . C1at 070009574 BILL OF SALE 0 0 u1 ry KNOW ALL MEN BY THESE PRESENT: That on the i P day of March, 2007, Oxbridge Development At Shenandoah LC.,(the "Developer"), in consideration of the covenants and agreements performed by the Grantee herein set forth in the agreement between the Developer and the Grantee dated the 9'" day of July, 2001, attached hereto as exhibit A, does hereby grant, bargain, sell, convey, and setover unto the Frederick -Winchester Service Authority, [a Virginia corporation organized and existing under the provisions of the Virginia Water and Waste Authorities Act (Sect. 15.2-5100, et. seq., Code of Virginia, 1950, as amended)], (the "Grantee"), all of its right, title and interest in and to those certain water and sewer facilities and appurtenances thereto installed as shown and described on plats recorded in the Clerk's Office, and in accordance with plans tided Crooked Run Wastewater Reclamation Facility VPDES PERMIT VA008008 Sheets 1 through 31, on file in the office of the Grantee. The Grantee joins in the execution of this instrument to evidence its acceptance of the ownership. Oxbridg elo S doah LC BY: Name E x R. Toctq /ivrNacizel� ,� arc Title STATE OF i%I1CKMMMM MARYLAND COUNTY of PRINCE GEORGE' S To wit: The foregoing instrument was acknowledged before me this _L4_ day of March 2007, by Elliot R. Totah as M§2tgKft, ` of 1.. Oxbridge Development at Shenandoah, L.C. My Commission expires 0 6 - 01- 0 7 • a , is � (Nola bhc) - Leah Wilson FREDERICK-WINCHESTER SERVICE AUTHORITY B. Schroth, Chairman Ned M. Cleland, Phd_., Secretary/Treasurer STATE OF VIRGINIA, AT LARGE, COUNTY OF FREDERICK, to wit: The foregoing instrument was acknowledged before me this 10 day of 2007, by John B. Schroth, as Chairman of the Frederick -Winchester Service Authurity, a irginia Corporation, oL behalf of the corporation. My commission expires l p — 31- 09 20to rh . 6caLQs,� ., Notary Public r �f t , . -4 U � t<gIi1(-Prr,' a 0 _-- Cn ca CONSTRUCTION AND SERVICE AGREEMENT THIS AGREEMENT is made and entered as of this L7< day of J u , 2001 by and between FREDERICK COUNTY SANITATION AUTHORITY (the "Authority"), a Virginia body politic and corporate organized and existing under the provisions of the Virginia Water and Waste Authorities Act, Va. Code Ann. § 15.2-5114, et seq. (the —Act"); and the FREDERICK-WINCHESTER SERVICE AUTHORITY ("FWSA"), a Virginia body politic and corporate organized and existing under the provisions of the Act; and DOGWOOD DEVELOPMENT GROUP LLC, or assigns (the "Developer"). RECITALS R-1. The Authority, in accordance with its Charter and as provided by the Act, owns and operates water and sewer facilities and provides water service and sewer collection and transmission service in the County of Frederick, Virginia. The Authority also is permitted to provide water and sewer service partly within and partly without the boundaries of the County of Frederick. The Authority also operates one or more sewage treatment plants which are owned by FWSA. R-2. FWSA was incorporated as provided by the Act to acquire, finance, construct, operate and maintain sewage treatment facilities, in the County of Frederick, including treatment plants, trunks or interceptors and pumping stations, together with all the pertinent equipment and appliances and properties, rights, easements and franchises related thereto or deemed necessary or convenient by FWSA for their operation, but not including sewage collection facilities. FWSA contracts with the Authority for the operation and maintenance of certain sewage treatment facilities and joins this Agreement to signify its intention to designate the Authority as its agent during the construction of and to enter an agreement with the Authority for the operation and maintenance by the Authority of the Crooked Run Wastewater Treatment Plant 0 0 c.n X— (the "Crooked Run Wastewater Treatment Plant Operations Agreement"), generally in the form of the Parkins Mill Operations Agreement with the Authority dated August 1, 1988. R-3. The Developer is the contract purchaser of approximately 978 acres, 928 of which are located principally within the County of Frederick, but with approximately 50 acres located within Clarke County and a small portion in Warren County, Virginia. The property currently is zoned to permit the construction of 2,130 residential units, plus additional retail and commercial units in the County of Frederick. An additional 200 residential units and a Continuing Care Retirement Community site also are the subject of a rezoning application in Clarke County. The development project is to be named "Shenandoah" and shall be referred to hereinafter as such. Attached hereto as Exhibit A is a map of the area which includes Shenandoah and certain surrounding properties which are included in the "Crooked Run Regional Sewer Service Area." R-4. The Developer, FWSA and the Authority desire to enter into this Agreement to design, construct and finance a water distribution system (the "Water System") and a sewer collection system (the "Sewer Collection System") and a wastewater treatment plant (the "Crooked Run Wastewater Treatment Plant"), the latter two systems together are referred to hereafter as the "Wastewater System." The Water System and the Sewer Collection System will be conveyed to the Authority. The Crooked Run Wastewater Treatment Plant, upon completion and acceptance, will be conveyed to FWSA to permit the Authority to serve Shenandoah and the Crooked Run Sewer Service Area as provided hereafter. R-5. The Crooked Run Wastewater Treatment Plant is being designed by Gilbert W. Clifford & Associate in accordance with the applicable design and performance criteria required by and acceptable to the Authority, and by the Virginia Department of Health and the Virginia Department of Environmental Quality. The wastewater treatment plant will be permitted to discharge treated effluent, initially pursuant to the Virginia Department of Environmental 2 ut (n Quality Permit No. VA0080080 as the same may be amended, extended or re -issued (the "DEQ Permit"). NOW, THEREFORE, in consideration of these premises, the Authority, FWSA and the Developer do agree as follows: AGREEMENT Wastewater System. The Developer will design and construct or cause to be constructed, at its expense, sewer collection and transmission facilities to serve Shenandoah. In addition, the Developer shall design and construct or cause to be constructed the Crooked Run Wastewater Treatment Plant sized adequately to serve Shenandoah and the Crooked Run Sewer Service Area as outlined on Exhibit "A." a. The wastewater treatment plant shall be constructed in phases, with the first phase having a design capacity of 375,000 gpd and with the second phase having a design capacity of an additional 225,000 gpd. The parties agree that the plant capacity of the wastewater treatment plant is intended for the exclusive use of the Shenandoah project and the adjoining areas in Clarke and Frederick County shown within the Crooked Run Sewer Service Area. No portion of the foregoing capacity shall be available to serve any properties other than Shenandoah without the prior approval of the Developer first having been obtained. Subject to the approval of cognizant governmental officials of either Clarke or Frederick County, it shall be the Authority's responsibility to use its best efforts to obtain, at the expense of others as set forth in Paragraph 3, all required consents and approvals for extension of water or sewer to the properties within the Crooked Run Sewer Service Area beyond Shenandoah. The Authority or FWSA, at its own expense, shall have the right to expand the Wastewater System to transport and treat sewage flows in excess of 0.600 mgd. b. The Developer shall be permitted to expand the Wastewater System and to provide treatment capacity sufficient to complete development of Shenandoah as currently planned and approved and as the same may be enlarged or expanded in the future. Design and construction of any such $q expanded facilities shall be at the sole cost and expense of 0 0 the Developer, subject to the approval of the Authority cln which approval shall not be unreasonably withheld, tT conditioned or delayed. The Authority and FWSA shall cooperate to obtain necessary approvals by the appropriate regulatory agencies, if any. All provisions of this Agreement shall apply to any construction for expansion of the Wastewater System and to any additional capacity made available by such construction, as applicable. Water System. The Developer will construct or cause to be constructed, at its expense, water distribution facilities to serve Shenandoah, on a timely basis to serve that development as it proceeds. a. Upon completion of each phase of the water distribution facilities noted above, the Developer will convey the same to the Authority and the Developer will be permitted to connect to the water supply facilities of the Authority. The Authority thereafter shall provide water to serve Shenandoah in quantities and at pressures adequate to meet applicable health standards and in accordance with the Authority's Water and Sewer Standards Specifications, as amended from time -to -time. b. The Developer shall grant to the Authority a site for the location of a water tank to be designed and constructed by and at the cost of the Authority at the location generally depicted upon Exhibit A. The parties agree that the Developer at its expense shall be permitted to cause the name "Shenandoah" to be painted on or applied to the water tank according to design and color specifications prepared by Developer and in conformance with applicable sign regulations. C. The Authority is hereby granted the right to explore for an additional ground water source, provided such exploration does not interfere with construction or development activity or damage property within Shenandoah. d. The Authority shall be permitted to construct a water well to connect to its water system, with such water well to be located in the area of the wastewater treatment plant or A such other place as the parties may agree hereafter. 3. Easement Acquisition. The Authority agrees that it will use its best efforts to negotiate and to acquire all easements necessary to permit construction of the Water System and c-n the Wastewater System facilities. The Authority further agrees that, if necessary, it will exercise its power of eminent domain to acquire any necessary easement which can not be obtained voluntarily. All expenses of acquiring easements by the Authority necessary to serve Shenandoah through the exercise of the power of eminent domain shall be bome by the Developer. 4. DesiRn and Construction Standards Warranty. All construction of the Wastewater System, and the Water System to be performed by the Developer, shall be performed in accordance with the plans approved by the Authority and cognizant regulatory authorities in accordance with the Authority's Water and Sewer Standards and Specifications; in effect at the time of design and construction, a current copy of which is attached hereto as Exhibit "B." The Developer shall not be required to post a bond or any other form of surety in connection with either the Wastewater System or the Water System. a. The Water System and Wastewater System facilities shall be constructed in phases coincident with Developer's construction schedule for Shenandoah and shall become a part of the water and sewer system of the Authority upon completion and acceptance by the Authority. Upon such completion of construction and acceptance, the Developer agrees to execute and deliver to the Authority and, as to the Crooked Run Wastewater Treatment Plant, to FWSA, a bill of sale and deed transferring title to the aforesaid facilities to the Authority and FWSA. The signature of the Authority or FWSA on the bill of sale shall indicate its acceptance. The Authority and the Developer agree that the facilities shall be conveyed and accepted upon satisfactory completion of each phase and not later than the completion of the phase of development requiring service from such facility. b. The Developer will execute and record in the Office of tlfe Clerk of the Court easements in the form approved by the Authority necessary for the Authority to own, operate, maintain, repair, replace or reconstruct said facilities_ The Developer also shall execute a deed to transfer in fee SA simple to FWSA title to the land upon which the wastewater treatment plant is situated, together with an easement for access thereto from the nearest public road. 5 CD 0 Evidence of the proper recordation of such deeds shall be CO provided to the Authority and FWSA promptly after execution of the bill of sale as set forth herein. C. Developer hereby warrants that all materials, equipment and work performed with respect to the Wastewater System and the water distribution system shall be free of defects in material and workmanship for one year from the date of acceptance of those facilities by the Authority. The Developer shall specifically assign to and for the benefit of the Authority all material and equipment warranties provided by manufacturers and suppliers of all components of those facilities. Unless such work is performed pursuant to the referenced material and equipment warranties, the Developer shall provide all repairs or reconstruction of defective construction, materials or workmanship, including all shrinkage or settlement or other faults arising therefrom, promptly and at its own expense, when notified in writing to do so by the Authority and to the reasonable satisfaction of the Authority, for one year from the date of acceptance of the facilities by the Authority or FWSA. 5. Service, Rates. Fees and Charges. Upon completion and acceptance of each phase of the Water System and the Shenandoah Sewer System, the Authorityshall be responsible to own and/or operate those systems and to provide water and sewer service to Shenandoah in conformance with all applicable regulatory requirements and as provided in the Act. Specifically, and without limitation, the Authority on behalf of FWSA as owner, agrees to pursue vigorously issuance by the Virginia Department of Environmental Quality, of the renewed, re -issued and expanded Permit in phases of 0.375 mgd and, ultimately, 0.600 mgd. a. Availability fees shall be paid to the Authority for connection to the Authority's water system in accordance with Rates, Fees and Charges established by the Authority as permitted by the Act. b. The Authority shall fix, charge and collect availability fees for each property connected to the Wastewater System. The Authority agrees that those charges currently are $3,220 per residential tent and the corresponding commercial charges as set forth on the attached Exhibit C. The Authority agrees that it shall not reduce the current SA availability fee applicable to properties within the Crooked Run Sewer Service Area, and that it will increase such rates 6 O t=) CJl to equal the corresponding rates charged to customers served by any other portion of the Authority's system. C. Ninety-five percent of all availability fees collected for use of sewer capacity provided by the Shenandoah System shall be paid to the Developer in payments made quarterly with each payment to include fees received by the Authority for the three month period preceding the quarterly payment. This payment obligation by the Authority to the Developer shall continue until the earlier of such time as the .600 mgd design and permitted capacity of the plant has been reached, or 15 years after completion and conveyance of the plant to FWSA. d. In addition, the Authority shall fix, charge and collect continuing service charges for sewer service provided by the Crooked Run Sewer Service Area in an amount which shall cover the O&M Costs of the Wastewater System. 6. Operation and Maintenance Subsidy. Annually beginning one year after completion and acceptance of the wastewater treatment plant, the parties shall establish an operation and maintenance escrow fund to subsidize operation and maintenance costs ("O&M Costs") of the wastewater treatment plant. For purposes of this Agreement, O&M costs shall be limited to actual costs paid by the Authority in connection with the operation and maintenance of the wastewater treatment plant and shall not include overhead or soft costs of the Authority. The escrow account shall exist and remain funded until such time as 1,000 residential units or their commercial equivalent have been connected to the Shenandoah Sewer System. The form and credit substance and amount of the escrow account shall be as agreed by the parties one year following the acceptance of the first phase of the Shenandoah Sewer System and annually thereafter, if necessary. The Authority shall maintain separate records of the O&M Costs associated with the operation of the wastewater treatment plant and shall require the Developer to make annual deposits to the escrow account sufficient to defray short falls in the previous year over continuing sewer service charges collected by the Authority from customers served by the wastewater treatment plant. The parties agree that the Developer's obligation to subsidize SSA 7 0 0 rn 0 operation of the wastewater treatment plant as provided herein shall be fully satisfied or proportionately satisfied in relation to the number of connections actually made, if the following residential connections or their commercial equivalents) are made to the Shenandoah System on the following schedule. By Year End After Date of Acceptance Year 1 - 100 connections Year 2 - 200 connections Year 3 - 400 connections Year 4 - 600 connections Year 5 - 800 connections Year 6 - 1,000 connections Developer's obligation to provide this subsidy shall end upon 1,000 connections being made to the Shenandoah System. Any sums remaining in the escrow fund after 1,000 connections have been made shall be paid directly to the Developer. 7. Obligations of FWSA. The parties hereto restate and incorporate the Recitals. In particular, FWSA joins this Agreement to indicate its consent and support of the undertakings of the Authority and the Developer. FWSA further agrees promptly to negotiate the Crooked Run Wastewater Treatment Plant Operations Agreement by which FWSA will own the Crooked Run Wastewater Treatment Plant to be operated by the Authority on the terms set forth in said Operation Agreement. MISCELLANEOUS 8. Recordation. So that the successors and assigns of the Authority and Developer shall have notice of the obligations set forth herein as they relate to the Development, this Agreement may be recorded by either party among the land records of Frederick County, Virginia. 9. No Joint Venture Partnership or Agency. It is not the purpose or intention of this Agreement to create, and this Agreement shall not be construed to create a joint venture, For purposes of Ws Agrcamont each residential --(ion io the Shenandoah Scwcr System shall assume a now of 250 gpd. Commercial connations shall assurm a flow of 1.300 gpd for each 1.000 squire fat CSA g 0 m partnership, agency or other relationship whereby either party hereto shall be held liable for the omissions, commissions or performance of the other party. 10. Waiver. Failure of either party to enforce a term or condition of this Agreement shall in no event be deemed a waiver of the right to do so thereafter. 11. Amendments. No change or modifications to this Agreement shall be valid unless the same is in writing and signed by all parties. No purported or alleged waiver or modification of this Agreement or any term or provision hereof shall be effective unless in writing and signed by the party against whom such waiver or modification is sought to be enforced. 12. Assignments. This Agreement, or any part of it, shall be fully assignable by the Developer, provided each proposed Assignee agrees in writing to assume the Developer's responsibilities hereunder 13. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the Commonwealth of Virginia. The Developer and the Authority specifically waive the defense or plea of the Rule Against Perpetuities. 14. Severabilily. If any term or provision of this Agreement shall be determined to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity of the remaining terms and provisions of this Agreement, and to the extent possible this Agreement shall be interpreted and enforced as if such invalid or extent unenforceable provision had not been included in this Agreement. 15. Further Assurances, The Parties hereto shall execute and deliver such further instruments and do such further acts and things as may reasonably be required to carry out the intent and purposes of this Agreement. 16. Headines. The descriptive headings in this Agreement are inserted for convenience only and do not constitute a part of this Agreement. �—A 9 N 17. Counteparts. This Agreement may be executed in counterparts, each of which shall constitute one and the same instrument. 18. Notices. Any notice given under the provisions of this Agreement shall be in writing and delivered or sent by certified mail, return receipt requested, or by facsimile, as follows: If to Authority: If to FWSA: W. R. Jones, Engineer -Director Frederick County Sanitation Authority Post Office Box 1877 Winchester, Virginia 22604-8377 Phone No. 540-668-1061 x320 Facsimile No. 540-868-1429 Jesse W. Moffett, Executive Director Frederick -Winchester Service Authority P.O. Box 43 Winchester, Virginia 22604 Phone No. 540-722-3579 Facsimile No. 540-722-1103 If to the Developer: Ray F. Smith, Jr. do Dogwood Development Group LLC 11800 Sunrise Valley Drive Suite 925 Reston, Virginia 20191 Phone No. 703-716-1032 Facsimile No. 703-620-6328 With a copy to: Stanley M. Franklin, Esq. McGuireWoods LLP 1750 Tysons Boulevard, Suite 1800 McLean, Virginia 22102 Phone No. (703) 712-5453 Facsimile No. (703) 712-5226 19. No Third Party Beneficiaries. No person shall be a third party beneficiary of this Agreement. 10 rn W 20. Effective Date. This Agreement shall take effect and shall become fully enforceable by and against the parties hereto upon the date of the written notice from the Developer to the Authority that the Developer or assigns has completed the purchase of Shenandoah. 21. Exhibits. Exhibit A, Exhibit Band Exhibit Care attached to this -Agreement and the Recitals contained herein, are incorporated into this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. FREDERICK COUNTY SANITATION AUTHORITY Date: `20 -0 zz --'Cf/` — (SEAL) Jam T. Anderson, Chairman FREDERICK-WINCHESTER SERVICE AUTHORITY Date: �./ 3��' �fi�/ ." �� �/ (SEAL) C. Robert Solenberger, Chairman SHENANDOAH DEVELOPMENT COMPANY, LLC. BY: DOGWOOD DEVELOPMENT GROUP LLC Date: % p �' Ely: Ray F. Smith, Jr., Manager - r� O O On COMMONWEALTH OF VIRGINIA ) Jr - COUNTY OFF FFREDERICK ' / ) I, /Z? � / H. , a Notary Public in and for the County and State aforesaid, hereby certify that James T. Anderson, Chairman of Frederick County Sanitation Authority, has acknowledged the same before me in my County and State aforesaid. Given under my hand this p?D'� day of '2001. ��m��i Notary Public ' My Commission Expires: G •JO •O Z COMMONWEALTH OF VIRGINIA COUNTY OF WINCHESTER I, 6') /_x.d. _ r'f'1/'6lt; , a Notary Public in and for the County and State aforesaid, hereby certify that C. Robert Solenberger, Chairman of Frederick -Winchester Service Authority, has acknowledged the same before me in my County and State aforesaid. Given under my hand this day of 2001. Notary Public My Commission Expires: i7 �(/U%Y? �j ;_00_3 COMMONWEALTH OF VIRGINIA COUNTY OF FAIRFAX I, (�I e (..4. Lcss"'ev' , a Notary Public in and for the County and State aforesaid, e eby certify that Ray F. Smith, Manager of Dogwood Development Group LLC, has acknowledged the same before me in my County and State aforesaid. Given under my hand this day of 2001. Notary Publi My Commission Expires: W", I ' 4/ ,?oot 12 F ._.bit A Ul ,�'.' �` � � - � it • I �\' \ - (','' II' � i � ,,` , Commerc�t �$aadyllallor Ouble U. _ ff r OfrFtede •ck �L)Cotiss'ty� Egad _ "i"o``�.{-b240Ac) c� ti Va Prison 97 No i , ; < _ _ ,,,,,•,���f 1 -� , Clarke Counq (240 Ac) Proposed "Crooked •Run"I Regional Sewer Service ! Q�rea Boundary \V1}ieCenter.i,•' .� Ttleattixnr . : (ComineF I) i ail( �i,rc % /! .1 f• �i/r ;�,L ( /�ii�V�U gilben sv. clrfford & assoc 111c I., Exhibit B FREDERICK COUNTY SANITATION AUTHORITY WATER AND SEWER STANDARDS AND SPECIFICATIONS REVISED MARCH 2O01 21 FREDERICK COUNTY SANITATION ACIIHORITY CONNECTION FEES (effective July 1, 2000) WATER Availability Charge Lateral Charge Installed by Installed by Meter Others Authori 518 2,220 125 (2) $2,100 3/4 2,442 125 (2) S2,100 1-Inch 3,108 140 (2) $2,100 1-1/2" 3,996 275 (2) 3 2-Incb 6,438 325 (2) 3 3-Inch 24,420 1 1 4-Inch 31,080 1 I 6-Inch 46,620 1 1 Much 64,380 1 1 SEWER Availability Charge Lateral Charge Installed by Installed by Meter Others Authority 5/8 3,220 -0- $1,575 3/4 3,652 -0- $1,575 1-Inch 4,648 -0- $1,575 1-1/2" 5,976 -0- $1,575 2-Inch 9,628 -0- S1,575 Much 36,520 -0- 4 4-Inch 46,480 -0- 4 6-Inch 69,720 -0- 4 8-Inch 96,280 -0- 4 Notes: 1) FCSA to furnish and install wet taps to existing mains at cost plus 10%. Contractor to furnish and install lines, vaults and meters. 2) FCSA to provide and install disc meters 2" and smaller. 3) FCSA to provide 2" service line to property line with 2-inch ball valve at cost plus 10%. FCSA to famish and install disc meter. Contractor to fumisb and install meter vault and meter setter. 4) Installed by contractor if more than 4-inch required. (4" by FCSA = S 1,575) FIRE LINE AVAU ABHnT CHARGES 50%.of the difference between the Availability Charge for the domestic teeter size used and the Fire -Line Detector Double Check size used. , w. habit C O 0 tT LAWSON AND SILEK9 P.L.C. 120 EXFTFR DRIVE, SUITE 200 POST OFFICF BOX 2740 W)NCHESTER, VA 22604 TELEPHONE: (540) 665-0050 FACSIMILE; (540) 722-4051 Roderick B. Williams, Esquire County Attorney 107 North Kent Street Winchester, VA 22601 VIA E-MAIL Dear Rod: THODIAS MOORS LAWSON • "rLAWSON6i LSPLC.CO�I June 24, 2013 Re: Shenandoah. Development Our File No. 1211.001 This is to confirm our previous communications and correspondence concerning the above -referenced project. As you know, the property was approved as a residential recreational community district with the understanding that there would be several land bays and provisions for development and build -out by different builders. That layout included a commercial area which fronts on Route 522 and also has access off of the main public road coming into the Shenandoah development. Since the development was originally approved, the property has been sold several times, once to Dogwood Development Group, LLC, then to Oxbridge Development at Shenandoah, L.C., and now to MREC Shenandoah Valley, LLC ("MREC"). Also, along the way, there have been numerous outsales of lots to individual homeowners. As of the writing of this letter approximately 150 lots have been sold and homes have been constructed on the same. Currently my clients are in the process of closing on the purchase of the property which involves negotiations with existing lenders. As you are aware, the existing purchase is for all of the property less and except the approved commercial property. The commercial property remains in the ownership of Wheatlands LLC. The amended Master Development Plan which has been circulated for agency comments and which we anticipate will be on the Planning Commission's agenda shortly is only for the property owned by MREC. As part of the Master Development Plan process we have been advised by Frederick County that it would be wise to submit a statement to the County advising of the various outsales of the property and that, going forward, it is anticipated that various lots and land bays will be sold to separate builders and/or developers. With the conveyance of said property it is intended that those builders and/or developers will be free to file whatever plans FROG ROF'AL,A DURESS: POSTOMCF BOX 602. FR011' ROYAL, VIRf,111A 22630,TEI.EFRONE: (540) 635-9415 - FACSINII.F: (540) 635-9421 • E-NIA II.: JSILF:K� I_A1Vi0NA�UciLFN.CON Roderick B. Williams, Esquire June 24, 2013 Page 2 they believe are necessary to allow for the development of their property to include, but not be limited to, amended Master Development Plans, Site Plans, etc. We have been advised that this letter, which constitutes a submission to Frederick County, is to ensure that the Frederick County Board of Supervisors has knowledge of the most recent Master Development Plan amendment. This is also to put the Board on notice that consistent with the previously approved plan as well as what has in fact occurred at this community, there is and will continue to be' in all likelihood more than one builder and/or developer building out this community. Further, with this submission we are giving notice that if and when a submission is filed there will be no need, requirement, or request from the County and/or any of its departments or agencies for signatures from any other property owners within the development, whether they be adjoining property owners or not, if the plan or permit at issue does not involve such other property owner's property and/or unless the plan or permit at issue affects any joint obligations. Thank you for your attention to these matters. Unless we hear from you to the contrary we will assume this is a complete recitation of the understandings and agreements between the property owners at the community known as Shenandoah in Frederick County, Virginia. TML Jk Very truly yours, Thomas Moore Lawson Counsel for Lansdowne Development Group MREC SHENANWAH VA, LLC Date By:, 141 �l it ;�� Roderick B. Williams, Es' -ire June 24, 2013 Page 3 �1a� 3 Date Date LANSDOWN�F ,DE V LOPMENT GROUP, LLC By: Its: SHENANDOAH HOMEOWNERS cc: Eric R. Lawrence; Planning Director 113 Harvester Drive Lake Frederick, VA, 22630-2094 15 July 2013 DL]'rattI23 c aolxorn Dear �"� • 5�,���� On August 14 the Frederick County Board of Supervisors will be asked to give full and final approval to Lansdowne's plans for housing at Lake Frederick. As a current resident on the southeast side of the lake, I urge you to withhold approval until Lansdowne makes corrections. In 2010 my wife and I used our life's savings to purchase a home in a gated, active -adult community that would someday surround the lake. Shortly thereafter, due to - Federal "Govemment interference in thd-housing market the developer -Oxbridge was — - - - — compelled to sell to Lansdowne. Lansdowne has been unwilling to honor the commitments made to us by Oxbridge, commitments which Lansdowne inherited with the purchase. Lansdowne actually plans some age -restricted lots on Metalmark Drive (a very short walk north of my home) abutting non -restricted lots on Atlantis Lane! Atlantis was an integral part of Oxbridge's Phase 2. (Phase 2 refers to homes on the southeast side of the lake; Phase 1 refers to the southwest side of the lake, which Oxbridge nearly completed.) A far better natural barrier exists between Atlantis Lane and points further north. Even worse, Lansdowne plans non -restricted housing at the south end of the lake, between Phase 1 and Phase 2, between Phase 2 and our community center. This means that Rachel Carson Drive, which was to be private throughout the community, must now be public to accommodate school buses and so forth. This means that the gate that was to protect our community cannot be placed in its advertised location. The south end of the lake is an easy walk from the existing age -restricted community center, but Lansdowne proposes that residents there use a future non -restricted center on the northeast side of the - - ----lake.- To-get-thereand--back,—they-will-be-driving--o the-now-public-Rachel_Carsonwithin_ a few feet of the age -restricted area. There is a simple solution available that solves virtuaW all the problems' Lansdowne plans more than two hundred new age -restricted homes for the northwest side of the lake. They thereby acknowledge that the market exists for such housing. The county should withhold permission for Lansdowne to continue unless they move those units to Atlantis Lane and to the south end of the lake. The result would be that the south side of the lake.would be entirely age -restricted; the larger north side unrestricted. A much larger stretch of Rachel Carson Drive would remain private at no expense to the county. Lansdowne already plans to build the road from Highway 277 for construction vehicles in the near future, so this is not a problem for them. They already have the streets mapped for the north end of the lake. One further problem:: it has been suggested that the current deeds might entangle the current age -restricted HOA with a future, unrestricted HOA. Clearly that won't work out.: Lansdowne should be forbidden to proceed with any non=restricted homes until there are satisfactory guarantees that the two HOAs can be kept separate. Otherwise, the age -restricted HOA will be routinely outvoted by the newcomers, who might prefer a lower monthly fee even if it means mowing their own lawns. They will be unlikely to maintain private roads in the age -restricted area properly. It may sound like we are being inflexible and uncompromising. Remember, Oxbridge's commitment to us was for age -restricted housing all around the lake. Under this sensible proposal, the larger north side of the lake becomes available for unrestricted homes. We would be giving up a great deal. But at least most of the quality of life for which we paid so much several years ago would be retained. Lansdowne will tell you they can't make money with any scheme other than the one they are proposing, but in actuality they will find it hard to sell homes with the silly patchwork plan they favor. Lansdowne is arranging with Shea to build age -restricted housing in the southeastern part of the development (Phase 2), and there is no obvious reason why the county should withhold permission for that. Similarly, Lansdowne can build the tennis court Oxbridge promised to Phase 1. When the county permitted Oxbridge to develop an age -restricted community all around Lake Frederick, the county joined in Oxbridge's commitment to purchasers of homes in that community, and I hope the county will honor at least the truncated version of that commitment that I have described If you would like a tour of the affected areas, I would be happy to try to find a mutually convenient time. Just use the e-mail address found above. Since I am pretty busy for most of the time between now and mid -August, I may have to enlist the help of a neighbor to show you around Best regards, �1�lj Z_P_41Zr— Daniel L. Pratt LAWSON AND SILEK, P.L.C. 120 EXETER DRIVE, SUITE 200 POST OFFICE BOX 2740 NVINCHESTER, VA 22604 TELEPHONE: (540) 665-0050 FACSIMILE: (540) 7224051 Candice Perkins, Senior Planner County of Frederick Department of Planning & Development 107 North Kent Street Suite 202 Winchester, VA 22601 VIA E-MAIL Dear Candice and Rod: THOMAS MOORE LAWSON • TLAWSON(a)LSPLC.COM July 23, 2013 Roderick B. Williams, Esquire County Attorney 107 North Kent Street Winchester, VA 22601 Re: Shenandoah Development Our File No. 1211.001 This is a follow-up to my conversations with Rod regarding the Planning Commission meeting of last Wednesday, July 17th. As you will recall, in accordance with the new master development plan ordinance, the amended master development plan for Shenandoah was presented to the Planning Commission for informational purposes only. Under the new ordinance the purpose for the public meetings is to provide information to members of the Planning Commission and the public of the fact that a master plan has been filed. While Planning Commission members are free to give comments, the Zoning Ordinance does not authorize formal action by the Planning Commission given that review and approval of a master development plan is a ministerial act. In this case Staff already determined that the amended master development plan met all applicable requirements of the Zoning Ordinance, and these findings were appropriately reported to the Planning Commission. What happened at the meeting was outside of what is contemplated or permitted under the ordinance. As you are aware, after consideration and discussion the Planning Commission voted to table the matter for a period of forty-five (45) days. The purpose of this letter is to confirm that after reviewing the ordinance as well as relevant law we can find no basis upon which the Planning Commission may table an informational matter especially after a lengthy discussion. There is no determination, finding or recommendation to be made by the Planning FRONT ROYAL ADDRESS: POST OFFICE BOX 602, FRONT RDVAL. VIRGMIA 22630, TELEPHONE: (540) 635-9415 • FACSIMILE: (540) 635-9421 • F-MAIL: JSILEKOLAWSONANDSILEKCOM Candice Perkins, Senior Planner Roderick B. Williams, Esquire July 23, 2013 Page 2 Commission regarding the master development plan. What is most peculiar is that the Planning Commission premised its decision to table the matter on the fact that this would allow time for the owners of the applicant's property and the adjoining property to "get together to work out any differences." We were not proposing any change to the other properties at all. This is peculiar because the revisions to the master development plan focused on the project's dwelling unit mix and the related introduction of public street standards and did not alter connectivity of either utilities or roads relative to adjoining property as established by previous master development plan approvals. In determining that the amended master development plan fully complied with the ordinance, Staff confirmed that the planned utility and road connections to the adjoining property were appropriate. Staff further pointed out, and it is very difficult to ignore, that our adjoining property owner already possesses extensive road frontage on Route 522 and Lake Frederick Drive. There are, therefore, no "differences" between the two property owners arising from the revised master development plan, and in fact both properties are connected as they have been under previous master development plans. In my most recent telephone conversation with Rod he acknowledged what I have stated above about the requirements of the ordinance but advised that perhaps the Planning Commission did have some authority to look into the issue of the alleged severing that is occurring by filing this amended master development plan. By that I assume Rod is referring to the fact that Lansdowne Development Group has submitted an amended master development plan that covers the property that MREC Shenandoah VA, LLC ("MREC") owns as opposed to submitting an amended master development plan that affects property that MREC does not own. In point of fact, there is no ability for a property owner to file a master development plan or amended master development plan for any property other than what it owns. Indeed if you will re-examine the County's ordinance there is a requirement that the owner or co-owner file master development plans and amended master development plans on its property. This was recently upheld by the Virginia Supreme Court and new General Assembly action signed into law effective July 1, 2013. For your convenience, I have attached the Supreme Court's opinion in Loniz Lane Associates Limited Partnership v. The Town of Leesburg and Virginia Code § 15.2- 2302, as amended by the General Assembly. Conversely, there is no requirement for a property owner to file a master development plan to bind property that it does not own. Therefore, this new issue of severance has no application in Frederick County ordinances or any basis in law. If Staff wants to give notice to the public, Planning Commission or Board of Supervisors that a large development is being planned in segments or sections based on new ownership of property then we have no objection to that. Indeed, when one property is conveyed from one party to another, as it was in the case of the Shenandoah development back in 2004, then that is of course recorded in the public land records. As an aside, we see no reason for the additional notice through the master development plan process. What we most certainly object to is if that additional notice occurs at the expense of money or time to the property owner. Accordingly and based on the above, we expect that this item will move forward with the final "informational purposes only public meeting" at the Board of Supervisors' August 14, 2013 hearing so that we may proceed with the development of the property. Please confirm that this Candice Perkins, Senior Planner Roderick B. Williams, Esquire July 23, 2013 Page 3 master development plan application will indeed by on said Board agenda and that no further action by the Planning Commission is required. Thank you for your attention to these matters. TML. jk Enclosures cc: Lansdowne Development Group John R. Riley, Jr., County Administrator Town of Leesburg v. Long Lane Associates Ltd. Partnership, 284 Va. 127 (2012) 726 S.E.2d 27 284 Va. 127 Supreme Court of Virginia. TOWN OF LEESBURG, et al. V. LONG LANE ASSOCIATES LIMITED PARTNERSHIP. Cornerstone Chapel V. Long Lane Associates Limited Partnership. Record Nos. 111658, 111662. 1 June 7, 2012. Synopsis Background: Landowner brought action against town and adjoining landowner, challenging town ordinances that rezoned adjoining parcel, that amended town plan to remove a planned public through -road crossing adjoining parcel, and that approved a special exception allowing adjoining landowner to operate a day care center on premises of proposed church, based on allegations that before subdivision of prior owner's entire parcel, prior owner had proffered and town had accepted conditions to an earlier rezoning of entire parcel. The Circuit Court, Loudoun County, J. Howe Brown, J., entered judgment for plaintiff landowner. Town and adjoining landowner appealed. [Holding: ] The Supreme Court, S. Bernard Goodwyn, J., held that as a matter of first impression, plaintiff landowner did not have vested right as to zoning of adjoining parcel. Reversed and final judgment. West Headnotes (9) III Zoning and Planning Rights of objecting owners; continuity of regulation Purpose of state land -use statute addressing vested rights is to vest a right to a permissible use of property against any future attempt to make the use impermissible by amendment of the zoning ordinance. West's V.C.A. § 15.2-2307. [2] Zoning and Planning Nonconforming Uses A landowner has a right to continue in an existing use, even after the governing body changes the zoning classification, causing the use to become nonconforming. [3) Zoning and Planning Rights of objecting owners; continuity of regulation In limited circumstances, private landowners may acquire a vested right in planned uses of their land that may not be prohibited or reduced by subsequent zoning legislation. [4] Zoning and Planning Rights of objecting owners; continuity of regulation When a landowner has only a future expectation that he will be allowed to develop his property in accord with its current classification under the local zoning ordinance, there is no vested property right in the continuation of the land's existing zoning status. [5] Zoning and Planning Rights of objecting owners; continuity of regulation Owner of post -subdivision parcel did not have vested right, with respect to zoning classification or use of adjoining parcel which had been part of larger pre -subdivision parcel, as to conditions that prior owner of pre -subdivision parcel had proffered and town had accepted in connection with rezoning of pre -subdivision parcel; at best, owner had future expectation that pursuant to rezoning ordinance for pre - subdivision parcel a public through -road would be built on adjoining parcel and buildings on adjoining parcel would be compatible, but future expectations concerning zoning did not create vested property rights. West's V.C.A. § 15.2- 2307. :-Nex4 Ii_ ;',t_iit' :.j A. .W. i(; "4*i iCjit �r.`:i SJ 1r._.. l,; C'. V���•r, _ _ )1 `!'v'�:i: Town of Leesburg v. Long Lane Associates Ltd. Partnership, 284 Va. 127 (2012) [6] Zoning and Planning Rights of objecting owners; continuity of regulation Under the state land -use statute addressing vested rights, a landowner may only acquire a vested right as to use of his own property, and not as to neighboring properties owned by a different entity. West's V.C.A. § 15.2-2307. [7] Zoning and Planning Rights of objecting owners; continuity of regulation Consent of owner of post -subdivision parcel, as to town's rezoning of adjoining parcel which had been part of larger pre -subdivision parcel, was not required under statute providing that a voluntary proffer accepted as part of an amendment to a zoning ordinance becomes a zoning regulation, though pre -subdivision parcel previously had been rezoned in its entirety subject to proffered conditions accepted by town; rezoning of adjoining parcel did not subject owner to any involuntary proffers. West's V.C.A. § 15.2-2303(A). [8] Zoning and Planning Contracts for amendments; conditions The adoption of written proffers for rezoning is a legislative act. [9] Municipal Corporations _� Judicial Supervision Legislative actions of a local government are presumed to be valid and will not be disturbed by a court absent clear proof that the action is unreasonable, arbitrary, and bears no reasonable relation to the public health, safety, morals, or general wclfarc, and if the reasonableness of the enactment is fairly debatable, a court will not substitute its judgment for that of the legislative body, and the legislation will be sustained. Attorneys and Law Firms **29 Jim H. Guynn, Jr. (Theresa J. Fontana; Jeanette A. Irby, Town Attorney; Guynn, Memmer & Dillon, Salem, on briefs), for appellants, Record No. 111658. Gifford R. Hampshire (Petula C. Metzler; Blankingship & Keith, Manassas, on brief), for appellee, Record No. 111658. H. Robert Showers (Timothy P. Bosson; Simms Showers, Leesburg, on briefs), for appellant, Record No. 111662. Petula C. Metzler (Gifford R. Hampshire; Blankingship & Keith, Manassas, on brief), for appellee, Record No. 111662. Present KINSER, C.J., LEMONS, GOODWYN, MILLETTE, McCLANAHAN and POWELL, JJ., and RUSSELL, S.J. Opinion Opinion by Justice S. BERNARD GOODWYN. *131 In this appeal, we consider whether the circuit court erred in finding that a locality needs the consent of a neighboring property owner to rezone a parcel that was originally part of an undivided property, to which certain proffers applied. We also consider whether a landowner can acquire a vested right in a road shown on a town plan or in the zoning classification of neighboring property. Background In an action filed in the Circuit Court of Loudoun County, Long Lane Associates Limited Partnership (Long Lane) challenged ordinances adopted by the town council of the Town of Leesburg (the Town) concerning property owned by an adjoining landowner. The challenged ordinances rezoned property owned by Cornerstone Chapel (Cornerstone), amended the Town Plan to remove a portion of a public road (Tolbert Lane), which was to cross Cornerstone's property, and approved a special exception to permit Cornerstone to operate a day care center on its property. Long Lane and Cornerstone own adjacent properties subdivided from a parcel formerly owned by High Point Associates (High Point). Prior to subdivision, High Point proffered, and the Town accepted, conditions on the entire iiQn%s , , is ...e i _ . : ! S Town of Leesburg v. Long Lane Associates Ltd. Partnership, 284 Va. 127 (2012) _... _. _ .__._..__....__.........,....__..._,_,_.._.. _.....:... _...._.._._._... ...._.:...., ...__.......__ ........�� .. _-....................._...-- 726 S.E.2d 27 parcel. The circuit court ruled that the Town lacked authority to approve Cornerstone's request to rezone its property or amend its zoning conditions without Long Lane's consent because Long Lane had a vested right in the completion of Tolbert Lane and the development set forth in the proffered conditions. The Town and Cornerstone appeal. Facts In 1987, High Point applied to the Town for a zoning district map amendment to rezone 38.37 acres of land. High Point's rezoning request proceeded through the planning commission to the town council. High Point requested the property be rezoned to Town PEC *132 (planned employment center) and added eleven enumerated proffers to its request (the ZM- 98 proffers). In 1988, the town council adopted an ordinance ("the High Point Rezoning Ordinance") rezoning High Point's property to PEC and amended the Town's zoning district map accordingly. The rezoning ordinance adopted by the Town specifically stated that the rezoning was subject to the eleven enumerated conditions that High Point proffered in writing in accordance with former Code § 15-1.491(a) (now Code § 152-2303 (A)). The Town Plan included a cut -through roadway across the 38.37-acre property, Tolbert Lane, which, when completed, would connect Battlefield Parkway with Sycolin Road. One of the ZM-98 proffers required the applicant to "construct [and dedicate to the Town] the on -site streets, acceleration and deceleration lanes, and necessary turning lanes designed on" the rezoning plan, as subdivided sections of the property were approved for development. In 1992, Long Lane purchased a 5.3-acre parcel subdivided from the 38.37-acre parcel owned by High Point. Long Lane built a commercial building on its property, which it leased to C & P Telephone Company (now Verizon). To provide access to its property, Long Lane constructed an extension of Tolbert Lane. George Shute, Jr., a principal of Long **30 Lane, testified that in extending Tolbert Lane across its property, Long Lane built the extension longer and wider than necessary to maintain ingress and egress to its property, in reliance on the dimensions required by the ZM- 98 proffers. After Long Lane purchased its property, the American Red Cross and Cornerstone purchased the remaining parcels subdivided from the High Point property. Cornerstone's parcel is 28.32 acres. Since the 1988 rezoning, the only building or development on the original 38.37-acre parcel has been on Long Lane's property. In 2008, Cornerstone filed three applications to amend the zoning and conditions affecting its property in order to construct a church on its land. First, Cornerstone requested an amendment of the Town Plan to remove a proposed section of Tolbert Lane that was located on Cornerstone's property and had not yet been constructed. Second, Cornerstone requested a change in the zoning district from PEC to B-3 community retail, which allows a church as a permitted use. Third, Cornerstone requested a special exception to allow it to operate a daycare center on the church premises. *133 When considering the request to amend the Town Plan, the Town noted that its transportation needs had changed substantially between 1988, when the ZM-98 proffers were enacted, and 2008, when Cornerstone filed its application to amend the Town Plan. Originally, the Town intended Tolbert Lane to be substantially used as a cut -through to connect Battlefield Parkway with Sycolin Road. However, as other roads in the Town developed, Tolbert Lane evolved into a local street, serving as an access street for the parcels in the original High Point 38.37 acres. As the Town no longer considered completion of Tolbert Lane necessary, it adopted Cornerstone's requested ordinance removing from the Town Plan the proposed portion of Tolbert Lane that was to cross Cornerstone's property. This resulted in Tolbert Lane ending at the cul-de-sac that Long Lane had constructed and dedicated to the Town. The town council also adopted an ordinance approving the rezoning of Cornerstone's property from PEC to B- 3 community retail. The ordinance amended the ZM-98 conditions affecting Cornerstone's property by removing them and instituting new conditions that Cornerstone had proffered as part of its rezoning application. Additionally, the town council approved Cornerstone's special exception application to operate a daycare center. Shute and his attorney appeared at the public hearings before the planning commission and the town council and objected to Cornerstone's applications. Shute argued that the Town could not amend the application of the conditions required by the High Point Rezoning Ordinance without the consent of all Town of Leesburg v. Long Lane Associates Ltd. Partnership, 284 Va. 127 (2012) 726 3.E.2d 27 owners of property originally included in the rezoning. Long Lane did not consent to the Cornerstone rezoning and proffer amendment because it did not want to lose the compatible zoning that surrounded its property and the opportunity to have a public through -road. Analysis The circuit court declared Long Lane to have "a vested right to the completion of Tolbert Lane and the development set forth in the ZM-98 proffers approved by Town Ordinance...." It ruled that the Town's approval of Cornerstone's request for rezoning was void and of no effect because it violated Long Lane's vested rights under the High Point Rezoning Ordinance and that the rezoning as well as the amendment to the Town Plan and the granting of the special use permit were thus "illegal, void and of no effect." We disagree. [11 *134 Code. § 15.2-2307, the vested rights statute, provides: Nothing in this article shall be construed to authorize the impairment of any vested right. Without limiting the time when rights might otherwise vest, a landowner's rights shall be deemed vested in a land use and such vesting shall not be affected by a subsequent amendment to a zoning ordinance when the landowner (i) obtains or is the beneficiary of a significant affirmative governmental act which remains in effect allowing development of a specific project, (ii) relies in good faith on the significant **31 affirmative governmental act, and (iii) incurs extensive obligations or substantial expenses in diligent pursuit of the specific project in reliance on the significant affirmative governmental act_ For purposes of this section and without limitation, the following are deemed to be significant affirmative governmental acts allowing development of a specific project: (i) the governing body has accepted proffers or proffered conditions which specify use related to a zoning amendment The purpose of Code § 15.2-2307 is to provide "for the vesting of a right to a permissible use of property against any future attempt to make the use impermissible by amendment of the zoning ordinance...." Goyonaga v. Board of Zoning Appeals, 275 Va. 232, 244, 657 S.E.2d 153, 160 (2008) (emphasis in original). The Town approved the rezoning of the High Point property conditioned upon the ZM-98 proffers and specified the land use relating to the zoning amendment. The Town's approval of the proffers was a significant affirmative governmental act allowing development of the specific project provided for in the proffers. As a subsequent owner of a subdivided parcel of the property governed by the ZM-98 proffers, Long Lane was a beneficiary of the significant affirmative governmental act. Pursuant to Code § 15.2-2307, Long Lane has a vested right in the land use allowed by the High Point Rezoning Ordinance. However, Long Lane claims not just a vested right concerning its own property, but also a vested right with respect to the zoning classification of property now owned by the Red Cross and Cornerstone. Specifically, Long Lane argues that it has a vested right not only in *135 the land use specified by the previously passed zoning ordinance, but also in the "development set forth in the ZM-98 proffer" approved by the Town that would result in a road to be built in the future, and in the compatibility of buildings that may be built in the future on adjoining property. Thus, Long Lane claims a vested right in the land use of property it does not own. Whether a landowner may acquire a vested right in the zoning classification or use of neighboring property or in a road shown on a town plan is a question of first impression for this Court. This Court's case law addressing vested rights in future expectations or anticipated uses is instructive. 121 [31 It is well established that a landowner has a right to continue in an existing use, even after the governing body changes the zoning classification, causing the use to become nonconforming. Hale v. Board of "Zoning Appeals, 277 Va. 250, 271, 673 S.E.2d 170, 180 (2009). Also, " 'in limited circumstances, private landowners may acquire a vested right in planned uses of their land that may not be prohibited or reduced by subsequent zoning legislation.' " Id. at 271, 673 S.E.2d at 180 (quoting City of Suffolk v. Board of Zoning Appeals, 266 Va. 137, 143, 580 S.E.2d 796, 798 (2003)) (emphasis added); see Code § 15.2-2307. [41 In contrast, "when a landowner has only a future expectation that he will be allowed to develop his property in accord with its current classification under the local zoning ordinance, there is 'no vested property right in the Town of Leesburg v. Long Lane Associates Ltd. Partnership, 284 Va. 127 (2012) continuation of the land's existing zoning status.' " Id. (quoting Board of Zoning Appeals v. CaseLin Sys., 256 Va. 206, 210, 501 S.E.2d 397, 400 (1998)); see also City of Suffolk, 266 Va. at 143, 580 S.E.2d at 798 ("Generally, landowners have no property right in anticipated uses of their land since they have no vested property right in the continuation of the land's existing zoning status.") (emphasis added). Cf. Code § 15.2-2307. " `[T]he mere reliance on a particular zoning classification ... creates no vested right in the property owner.' " Hale, 277 Va. at 272, 673 S.E.2d at 181 (quoting City ofSuffolk, 266 Va. at 145, 580 S.E.2d at 799). [5] Long Lane claims it has a vested right in the ZM-98 proffers pursuant to Code § 15.2-2307.One cannot, however, acquire a vested right in a proffer. A landowner acquires a vested right to a land use that is the subject of a significant affirmative governmental act. Code § 15.2-2307. At best, Long Lane had a future expectation that pursuant to the High Point Rezoning **32 Ordinance a road would be built as *136 the surrounding property was developed, and that the buildings built on adjoining property would be compatible. Future expectations concerning zoning do not create vested property rights. City of Suffolk, 266 Va. at 143, 580 S.E.2d at 798. The existence of vested property rights does not prohibit rezoning. Vested rights only protect the landowner's right to planned uses of his or her land which may not be prohibited or reduced by subsequent zoning. As a result, although Long Lane is protected from future changes regarding the use of its own property, it has no vested right as to its expectation that the neighboring properties would continue to develop in accordance with the zoning they had at the time Long Lane purchased its property and developed it in accordance with the ZM-98 proffers. 161 Further, Code .§ 15.2-2307 and relevant cases indicate that a landowner may only acquire a vested right as to use of his own property. Code § 15.2-2307 explicitly refers to the landowner subject to the zoning change, suggesting the vested right only applies to a particular landowner, as opposed to the aggregate of the property subject to the original significant affirmative governmental act. Similarly, this Court's cases interpreting Code § 15.2-2307 expressly refer to the landowner's property, as opposed to neighboring property owned by a different entity. See, e.g., Town of Vienna Council v. Kohler, 218 Va. 966, 976, 244 S.E.2d 542, 547-48 (1978) ("We observe that while the views of persons owning neighboring property should be considered, property owners have no vested right to continuity of zoning of the general area in which they reside, and the mere purchase of land does not create a right to rely on existing zoning.") (emphasis in original). The Code and this Court's case law do not support the conclusion that a landowner may have vested rights in the zoning classification or land uses of his or her neighbor, even where the property was subdivided from a parcel which was rezoned subject to proffered conditions. 171 Long Lane also contends that the Town acted in contravention of Code § 15.2-2303(A) when approving Cornerstone's application. Code § 15.2-2303(A) provides: The governing body may also accept amended proffers.... Once proffered and accepted as part of an amendment to the zoning ordinance, such conditions shall continue in effect until *137 a subsequent amendment changes the zoning on the property covered by such conditions. In other words, once the governing body accepts voluntary proffers, such proffers become conditions of the rezoning and, once entered into law, the conditions become zoning regulations. Id. Long Lane contends that "on the property covered by such conditions" in Code § 15.2-2303(A) refers to the undivided property originally owned by High Point, to which the ZM-98 proffers applied. Under Long Lane's theory, the Town cannot subsequently amend zoning relating to property governed by approved proffers unless all landowners subject to the proffers consent. Long Lane contends that Code § 15.2- 2303(A) implicitly requires its consent because otherwise the Town would be imposing involuntary proffers upon it. The ordinance changing the zoning of Cornerstone's property was a subsequent amendment that changed the zoning of part of the property covered by the previously accepted ZM-98 proffers. As a result of the rezoning, the ZM-98 proffers properly no longer applied to Cornerstone's property. See Code § 15.2-2303(A). Long Lane's parcel was not rezoned and the ZM-98 proffers "continue in effect" because a subsequent amendment has not changed the zoning on its "property covered by such conditions." See Code § 15.2-2303(A). Although the rezoning peripherally changes Long Lane's expectations as to its property, it does not directly affect the zoning of Long Town of Leesburg v. Long Lane Associates Ltd. Partnership, 284 Va. 127 (2012) 726 S.E.2d 27 Lane's property. Because the Town did not impose any new Proffers or conditions on Long Lane's property, the rezoning of Cornerstone's property did not subject Long Lane to any involuntary proffers. [8] [9] It is undisputed that it is within the Town's authority to enact zoning ordinances. See Code § 15.2-2285(A) ("The planning **33 commission of each locality may ... prepare a proposed zoning ordinance...."). It is also undisputed that it is within the Town's authority to amend zoning ordinances. Code § 152-2286(A)(7) provides: Whenever the public necessity, convenience, general welfare, or good zoning practice requires, the governing body may by ordinance amend, supplement, or change the regulations, district boundaries, or classifications of property. Any such *138 amendment may be initiated (i) by resolution of the governing body; (ii) by motion of the local planning commission; or (iii) by petition of the owner ... of the property which is the subject of the proposed zoning map amendment.... The adoption of written proffers is a legislative act. Jefferson Green Unit Owners Assn v. Gwinn, 262 Va. 449, 458, 551 S.E.2d 339, 343 (2001) ("[A] zoning ordinance may include written proffers. Thus, the proffers become part of the zoning ordinance. As such, they are legislative enactments."). Legislative actions of a local government are presumed to be valid and will not be disturbed by a court absent clear proof that the action is unreasonable, arbitrary, and bears no reasonable relation to the public health, safety, morals, or general welfare. If the reasonableness of the enactment is fairly debatable, a court will not substitute its judgment for that of the legislative body, and the legislation will be sustained. City Council v. Harrell, 236 Va. 99, 101-02, 372 S.E.2d 139, 141 (1988). End of Document The Leesburg Town Council had the authority to amend the High Point Rezoning Ordinance, in whole or in part. When considering the rezoning application, the Town took into account the effect the zoning legislation would have on the citizens of the Town. Long Lane was able to raise its concerns to the planning commission and town council before the Town approved Cornerstone's application. There is no authority for the circuit court's ruling that the voluntary proffer requirement of Code § 15.2-2303(A) required all successors in title to High Point to agree prior to any portion of the subdivided parcel being rezoned. Long Lane had no vested right that deprived the Town of its legislative authority to enact zoning ordinances. The Town acted pursuant to its statutory authority in rezoning Cornerstone's property and granting it a special use permit and there is no evidence that its actions in doing so were unreasonable. The circuit court erred in holding that the rezoning of Cornerstone's property and issuance of the special use permit were illegal and void. In the instant case, the Town amended its Town Plan as a result of the Cornerstone rezoning application. In amending the Town *139 Plan, the Town determined that it no longer desired to have Tolbert Lane intersect with Battlefield Parkway because other roads in the vicinity had developed. The Town's amendment of the Town Plan was a legislative act that was not unreasonable. Long Lane did not have a vested right in the construction of a road shown on the Town Plan and the Town did not need Long Lane's consent to amend its plan. The circuit court erred in holding that the amendment to the Town Plan was null and void. Conclusion Accordingly, for the reasons stated in this opinion, we, will reverse the judgment of the circuit court and enter final judgment for the Town and Cornerstone. Reversed and final judgment. Parallel Citations 726 S.E.2d 27 © 2013 Thomson Reuters. No claim to original U.S. Government Works. Nex :11., f hoo 1 i:(' laiil:'C a § 15.2-2302. Same; amendments and variations of conditions, VA ST § 15.2-2302 West's Annotated Code of Virginia Title 15.2. Counties, Cities and Towns (Refs & Annos) Subtitle II. Powers of Local Government Chapter 22. Planning, Subdivision of Land and Zoning (Refs & Annos) Article 7. Zoning (Refs & Annos) VA Code Ann. § 15.2-2302 § 15.2-2302. Same; amendments and variations of conditions Effective: July 1, 2013 Currentness A. Subject to any applicable public notice or hearing requirement of subsection B but notwithstanding any other provision of law, any landowner subject to conditions proffered pursuant to § 15.2-2297, 15.2-2298, 15.2-2303, or 15.2-2303.1 may apply to the governing body for amendments to or variations of such proffered conditions provided only that written notice of such application be provided in the manner prescribed by subsection H of § 15.2-2204 to any landowner subject to such existing proffered conditions. Further, the approval of such an amendment or variation by the governing body shall not in itself cause the use of any other property to be determined a nonconforming use. B. There shall be no such amendment or variation of any conditions proffered pursuant to § 15.2-2297, 15.2-2298, 15.2-2303, or 15.2-2303.1 until after a public hearing before the governing body advertised pursuant to the provisions of § 15.2-2204. However, where an amendment to such proffered conditions is requested pursuant to subsection A, and where such amendment does not affect conditions of use or density, a local governing body may waive the requirement for a public hearing (i) under this section and (ii) under any other statute, ordinance, or proffer requiring a public hearing prior to amendment of such proffered conditions. C. Once amended pursuant to this section, the proffered conditions shall continue to be an amendment to the zoning ordinance and may be enforced by the zoning administrator pursuant to the applicable provisions of this chapter. D. Notwithstanding any other provision of law, no claim of any right derived from any condition proffered pursuant to § 15.2-2297, 15.2-2298, 15.2-2303, or 15.2-2303.1 shall impair the right of any landowner subject to such a proffered condition to secure amendments to or variations of such proffercd conditions. E. Notwithstanding any other provision of law, the governing body may waive the written notice requirement of subsection A in order to reduce, suspend, or eliminate outstanding cash proffer payments for residential construction calculated on a per - dwelling -unit or per -home basis that have been agreed to, but unpaid, by any landowner. Credits Acts 1997, c. 587, eff. Dec. 1, 1997; Acts 2009, c. 315; Acts 2012, c. 415; Acts 2012, c. 465. Amended by Acts 2013, c. 513. § 15.2-2302. Same; amendments and variations of conditions, VA ST § 15.2-2302 Editors' Notes LIBRARY REFERENCES Key Numbers Zoning and Planning 182, Westlaw Topic No. 414. Encyclopedias C.J.S. Zoning and Land Planning §§ 85 to 88, 93. VA Code Ann. § 15.2-2302, VA ST § 15.2-2302 Current through the End of the 2013 Reg. Sess. and the End of the 2013 Sp. Sess. I. Eud of Document 0 2013 '11winson Reuters. No claim to ot-igirtLl U.S. Government Works. -Candice Perkins From: Eric Lawrence Sent: Monday, July 15, 2013 9:11 AM To: Candice Perkins Subject: FW: SHENANDOAH DEVELOPMENT Our file no. 1211.001 Importance: High From: Rod Williams Sent: Monday, July 15, 2013 8:57 AM To: Ray Cc: Eric Lawrence Subject: RE: SHENANDOAH DEVELOPMENT Our file no. 1211.001 Importance: High Dear Mr. Smith: Thank you for your message. We very much appreciate hearing of your concerns. By this message, I am copying Eric Lawrence, the County Planning Director, so that your concerns may be forwarded to the Planning Commission. You or a representative of your company may wish to attend the Planning Commission meeting this Wednesday, July 17, at 7:00 p.m., at which the Commission will consider this matter. At its meetings, the Planning Commission invites comment from interested parties, as well as from citizens generally. I also want to address briefly our notification to you of this proposed action. We did not place this item on the agenda for the Planning Commission until quite recently and, therefore, there was no notification to give until such time, as no action was pending until then. Sincerely yours, Roderick B. Williams County Attorney County of Frederick, Virginia 107 North Kent Street, 3rd Floor Winchester, Virginia 22601 Telephone: (540) 722-8383 Facsimile: (540) 667-0370 E-mail: rwillia co.frederick.va.us From: Ray[ma ilto:bluebird58Cabverizon.net] Sent: Sunday, July 14, 2013 9:20 AM To: Rod Williams Cc: TLAWSON(aLSPLC.COM; Dave Geiger; Mark Helmer; iohnroyallCcbhotmail.com; gdr@rappaportco.com; Ray; fpierucciniCabrappaportco.com Subject: SHENANDOAH DEVELOPMENT Our file no. 1211.001 Mr. Roderick B. Williams County Attorney County of Frederick 107 North Kent Street, Winchester, Virginia 22601 `Dear Mr. Williams, I am Ray Smith, the Managing Member of Wheatlands LLC who is the parcel owner of Parcel 94-A-1 in the Shenandoah Community that currently scheduled for a Planning Commission hearing on a rezoning this Wednesday April 5, 2013. Yesterday was the first time that anyone in our company heard anything about this rezoning. We have never been contacted about it by the applicant and in your letter to their attorney dated April 5, 2013 you said that we were required to sign the application. We have not! And we have great concerns about the rezoning. We are worried that it will affect our property negatively. The current owners have obligations to us to provide utilities and access as part of our sale to them and I have asked for as-builts and easements that show that they did, which we have not been given to us. Under our agreement with the current owners, we are required to sign all sales to other parties until all their obligations to us are assured. Also, we are concerned about future cooperation in the development of our property with any new owners that are currently obligations of current owners. Finally, we want to be assured by the County that our zoning is not affected by this rezoning since our rights to do commercial flow from the fact we are part of a master planned community. The attached letter was sent to our Property Managers, the Rappaport Company on July 8th, see the Received Stamp. And they forwarded it to us yesterday. Until we are assured that all the obligations of the current owners and the County and the Sewer and Water Authority are ongoing and that our zoning is not affected, we are opposed to this rezoning! No one has contacted us about it from the County, the Sewer and Water Authority, or the applicant until now. I think that is terrible. Ray Smith, Managing Member Wheatlands, LLC 2112 Twin Mill Lane Oakton, VA 22124 571-286-7856 Elevated Water Tank Location MDP #06-00 (Approved 5/2/2001) UTILITIES & STORMWATER MANAGEMENT PLAN llv'l"l:!l�l='-l'l'il�'l'. 14*11S�111�=lr Sheet 4 of IN Elevated Wager Tank Lo9ation -.-� MDP ##03-07 (Approved 12/14/2007) .7- 7 ttm 7- — I.F.DGEND MAJORV1411CUtAR CIRCVIVrION :>MINOR VIARCIfLAR CIRCUIAIION 1111014:10 Y W)UNI)ARY .............. WALKWAYMRAIL jjjKr � IIIKTIIAIL ".Cf'. 'IRAU, CLFANOOI PRO110,913:0 WA117R MAIN V PROPOS1,R) SANITARY FORCHMAIN rIM STORM DRAIN (tP vrogmim, 'ilT I &iANAGfMIl9I'"_ M -71 ram_ I � � _ •-• — !t? `I� y .-. tttt� � ++� J �,,q � SME I 2w my ao % MATCH LINE C N&TIT—y" T"T� 5 p.tt Na It R..t & A .... l.t.. 1 7 ROAD, TRAIL, & SHENANDOAH ago �A 20115 MASTER DEVELOPMENT PLAN UTILITY PLAN T F'703'7n_3n`5_' A N O 2 I n tb 00 .-f is 1 �-e4 zON AGREEMENT REGARDING EXTENSION OF UTILITIES THIS AGREEMENT (this "Agreement") is made effective as of Otkaber a9 , 2004 (the "Effective Date") by and between Wheatlands LLC, a Virginia limited liability company ("Seller") and Oxbridge Development at Shenandoah, L.C.; a Maryland limited liability company ("Buyer"). RECITALS: A. Seller and Buyer executed a Contract of Sale dated May 5, 2004, as amended by a First Amendment dated Qc-fobeir ZS , 2004 (collectively the "Contract") pursuant to which Seller agreed to sell and convey to Buyer, and Buyer agreed to purchase from Seller, certain real property situated in Frederick and Clarke Counties, Virginia described on Exhibit A attached hereto ( the "Property"). B. Simultaneously herewith, Seller is conveying the Property to Buyer, and Seller and Buyer intend to record this Agreement immediately subsequent to the recordation of the deed conveying the Property from Seller to Buyer in order that certain provisions of the Contract inure for the benefit of Seller, its successors and assigns, with respect to the real property described on Exhibit B attached hereto (the . "CCRC Property") and on Exhibit C attached hereto (the "Commercial Property"). NOW THEREFORE, in consideration of the premises, the mutual covenants herein contained and intending to be legally bound hereby, the parties hereby agree as follows: 1. Buyer shall, upon request of Seller, without compensation to Buyer, extend easements from the easements containing the water and sewer lines hereafter -�Z installed on, or that serve, the Property to the boundary lines of the Commercial Property and the CCRC Property. Should Seller, the owner of the Commercial Property, the Lowner of the CCRC Property or any assignee or designee of one or more of them desire vi o,T to tap into the sewer and water system serving the Property, it or they may do so provided a)Z N g that the owner of the Commercial Property and/or CCRC Property, as the case may be, E C:)0 or shall pay to Buyer or the applicable governmental authority all applicable tap fees - co imposed by the applicable governmental authority. Buyer agrees to construct, at no cost 'n = = o o to Seller, all improvements on Lake Frederick Drive and Route 522/340 in front of the r (n a) Commercial Property as currently designed and shown on that plan prepared by Gilbert mr ;C W. Clifford & Associates, Inc., last revised January 28, 2002, and titled "Shenandoah Eo U.S. Route 522-340 Improvements and Lake Frederick Drive," arid to complete such o work in accordance with all applicable governmental requirements no later than the expiration of one year after the Effective Date except if the Buyer is delayed by force majeure. Buyer agrees to construct, at no cost to Seller (other than the payment by Seller of customary water and sewer tap fees imposed by the applicable governmental authorities), the main trunk water, sanitary sewer and storm drainage lines which are located most proximate to the Commercial Property and the CCRC Property, as shown on the current engineering plans, not later than the commencement of construction of the L&B 387324v 1/09000,000 1 /Date Saved: I0/21104 f nine hundred first (901 ") dwelling unit on the Property. In addition, if Buyer chooses to relocate utilities on the Commercial Property and/or the CCRC Property underground, Buyer may do so at its expense and Seller agrees to cooperate reasonably with such efforts, including the granting of any necessary easements, without compensation therefor but at no cost to Seller; provided, however, that the instruments to create such easements shall be prepared by Buyer at its sole cost and expense, and Seller shall not be obligated to grant any easement which would have a material adverse impact upon the development, use, marketing or sale of the Commercial Property or the CCRC Property. Buyer shall grant and convey to Seller or any successor owner of the Commercial Property and the CCRC Property, as the case may be, or to the applicable governmental agency or utility company, promptly upon request from Seller, such easements across the Property which are reasonably necessary in conjunction with the development of the Commercial Property or the CCRC Property, at no cost or charge. to Seller; provided, however, that the instruments to create such easements shall be prepared by Seller at their sole cost and expense, and Buyer shall not be obligated to grant any easement which would have a material adverse impact upon the development, use, marketing or sale of the Property. Seller shall grant and convey to Buyer or to the applicable governmental agency or utility company, promptly upon request from Buyer, such easements across the Commercial Property and/or the CCRC Property which are reasonably necessary in conjunction with the development of the Property, at no cost or charge to Buyer; provided, however, that the instruments to create such easements shall be prepared by Buyer at its sole cost and expense, and Seller shall not be obligated to grant any easement which would have a material adverse impact upon the development, use, marketing or sale of the Commercial Property or the CCRC Property. For purposes of this Section 1, it is understood and agreed that temporary grading, drainage, construction and similar easements near the common boundary lines of the Property and the Commercial Property or CCRC Property shall not be considered to have a material adverse impact upon the development, use, marketing or sale of the Property, the Commercial Property or the CCRC Property. 2. The provisions of this Agreement shall be binding upon and inure to the benefit of Seller and Buyer and their respective successors and assigns, and shall run with the land and may only be nullified by a written instrument executed by Seller and Buyer and recorded among the Land Records of Clarke and Frederick Counties, Maryland. 3. This Agreement shall be governed, construed and enforced according to the laws of the Commonwealth of Virginia, without regard to principles of conflict of laws. 4. The parties agree that this Agreement shall be recorded among the Land Records of Clarke and Frederick Counties, Virginia. 5. If any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this 2 L&B 357324v1109000.0001/Date saved: 10/21104 instrument shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 6. Each party agrees that upon written request of the other, it will issue to such party, or its prospective mortgagee or successor, an estoppel certificate stating to the issuer's knowledge as of such date: (i) whether it knows of any default under this Agreement by the requesting party, and if there are known defaults, specifying the nature thereof; (ii) whether this Agreement has been assigned, modified or amended in any way by it and if so, then stating the nature thereof, (iii) whether this Agreement is in full force and effect; and (iv) such other matters as may be reasonably requested. 7. This Agreement may be executed in counterparts which taken together shall constitute one and the same instrument. [SIGNATURE PAGE FOLLOWS] 3 L&B 38i324v1i09000.000Mate Saved: 10/21/04 CORRESPONDENCE/MISCELL. COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC MEETING August 12, 2013 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: MASTER DEVELOPMENT PLAN #01-13 OF SHENANDOAH On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public meeting being held on Wednesday, August 14, 2013 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 Master Development Plan #01-13 for Shenandoah, submitted by Bowman Consulting Group to revise Master Development Plan #03-07. The subject properties are located on the western side of Route 522 South (Front Royal Pike), south of Route 277 (Fairfax Pike) and east of Route 636 (Hudson Hollow Road). Existing primary access to this site is located on Route 522 South via Lake Frederick Drive and are located in the Opequon Magisterial District, and are identified by Property Identification Numbers 87-A-103, 87-A-103C, and 87-A-102. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Information regarding this application will also be available via the Planning Department's Web Page at www.fcva.us. Sincerely, (� �-e- - � ,' Candice E. Perkins, AICP Senior Planner CE.P/dlw 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Diane Walsh From: Diane Walsh Sent: Monday, August 12, 2013 10:54 AM To: Ray Smith (bluebird58@verizon.net) Cc: Candice Perkins Subject: Notification of Public Meeting - Shenandoah MDP #01-13 Attachments: Notification of Public Meeting - Shenandoah MDP #01-13.pdf Tracking: Recipient Delivery Ray Smith (bluebird58@verizon.net) Candice Perkins Delivered: 8/12/2013 10:54 AM Pam Deeter Delivered: 8/12/2013 10:54 AM Eric Lawrence Delivered: 8/12/2013 10:54 AM Please find attached the notification of Public Meeting for the Shenandoah MDP #01-13. Below is a link which will take you to the Planning Department Webpage, select Board of Supervisors, select BOS 08-14-13 Meeting Agenda, when that appears then cursor down the page until you see the Shenandoah MDP and click within the box to view what is being presented at the August 14, 2013 BOS Meeting: http://www.co.frederick.va.usldepartments/o-z/planning-development/board-of-supervisors If you have any questions, please do not hesitate to contact Ms. Perkins. Diane L. Walsh Frederick County Planning Department 107 North Kent Street, Suite 202 Winchester, VA 22601 540-665-5651 Fax:540-665-6395 dwalsh o,fcva.us 1 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC MEETING August 12, 2013 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: MASTER DEVELOPMENT PLAN #01-13 OF SHENANDOAH On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public meeting being held on Wednesday, August 14, 2013 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 Master Development Plan 401-13 for Shenandoah, submitted by Bowman Consulting Group to revise Master Development Plan #03-07. The subject properties are located on the western side of Route 522 South (Front Royal Pike), south of Route 277 (Fairfax Pike) and east of Route 636 (Hudson Hollow Road). Existing primary access to this site is located on Route 522 South via Lake Frederick Drive and are located in the Opequon Magisterial District, and are identified by Property Identification Numbers 87-A-103, 87-A-103C, and 87-A-102. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Information regarding this application will also be available via the Planning Department's Web Page at www.fcva.us. Sincerely, (� �Ie, �,- --� Candice E. Perkins, AICP Senior Planner CEP/dlw 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Diane Walsh From: System Administrator To: Eric Lawrence; Pam Deeter; Candice Perkins Sent: Monday, August 12, 2013 10:54 AM Subject: Delivered: Notification of Public Meeting - Shenandoah MDP #01-13 Your message To: Ray Smith (bluebird58(@verizon.net) Cc: Candice Perkins Subject: Notification of Public Meeting - Shenandoah MDP #01-13 Sent: 8/12/2013 10:54 AM was delivered to the following recipient(s): Eric Lawrence on 8/12/2013 10:54 AM Pam Deeter on 8/12/2013 10:54 AM Candice Perkins on 8/12/2013 10:54 AM 1 Diane Walsh From: Mail Delivery System [MAI LER-DAEMON@co.frederick.va. us] Sent: Monday, August 12, 2013 10:55 AM To: Diane Walsh Subject: Successful Mail Delivery Report Attachments: Delivery report; Message Headers This is the mail system at host spamtitan.co.frederick.va.us. Your message was successfully delivered to the destination(s) listed below. If the message was delivered to mailbox you will receive no further notifications. Otherwise you may still receive notifications of mail delivery errors from other systems. The mail system <bluebird58(@verizon.net>: delivery via relay.verizon.net[206.46.232.11]:25: 250 2.5.0 Ok, envelope id OMRF00D76ARTZ3V0(@vms172087.mailsrvcs.net 1 Diane Walsh From: Candice Perkins Sent: Monday, August 12, 2013 10:25 AM To: Diane Walsh Subject: email Shenandoah Adjoiner: Ray Smith: bluebird58@verizon.net Candice Perkins, AICP Senior Planner Frederick County Department of Planning & Development 107 North Kent Street Winchester, Virginia 22601 (540) 665-5651 (540) 665-6395 (fax) cperkins@fcva.us www.fcva.us I Diane Walsh From: Eric Lawrence Sent: Tuesday, August 13, 2013 10:55 AM To: Candice Perkins; Diane Walsh Subject: FW: Shenandoah MDP Attachments: Notification of Public Meeting - Shenandoah MDP #01-13.pdf FYI- I have forwarded the Shenandoah MDP notice to the two Shenandoah HOA members that we've been dealing with over the past year.. From: Eric Lawrence Sent: Tuesday, August 13, 2013 10:54 AM To: 'D. Michael Reyman'; Pat McKinney Subject: Shenandoah MDP Hi Mike and Pat... The Shenandoah MDP is scheduled for an information presentation at tomorrow's Board of Supervisors meeting. Attached is the notification. This is not a public hearing, but an opportunity for the Board to see how the MDP has been revised. -Eric Eric R. Lawrence, AICP Director, Department of Planning and Development Frederick County 107 N. Kent Street Winchester, VA 22601 540-665-5651 540-665-6395 (fax) elawrenc(o-)fcva. us www.FrederickCountyVa.gov/Planninq www.FrederickCountvVa.gov COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC MEETING August 12, 2013 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: MASTER DEVELOPMENT PLAN #01-13 OF SHENANDOAH On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public meeting being held on Wednesday, August 14, 2013 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 Master Development Plan #01-13 for Shenandoah, submitted by Bowman Consulting Group to revise Master Development Plan #03-07. The subject properties are located on the western side of Route 522 South (Front Royal Pike), south of Route 277 (Fairfax Pike) and east of Route 636 (Hudson Hollow Road). Existing primary access to this site is located on Route 522 South via Lake Frederick Drive and are located in the Opequon Magisterial District, and are identified by Property Identification Numbers 87-A-103, 87-A-103C, and 87-A-102. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Information regarding this application will also be available via the Planning Department's Web Page at www.fcva.us. Sincerely, Candice E. Perkins, AICP Senior Planner CEP/dlw 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC MEETING July 5, 2013 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: MASTER DEVELOPMENT PLAN #01-13 OF SHENANDOAH On behalf of the Frederick County Planning Commission, you are hereby notified of a public meeting being held on Wednesday, July 17, 2013 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 Master Development Plan #01-13 for Shenandoah, submitted by Bowman Consulting Group to revise Master Development Plan #03-07. The subject properties are located on the western side of Route 522 South (Front Royal Pike), south of Route 277 (Fairfax Pike) and east of Route 636 (Hudson Hollow Rd). Existing primary access to this site is located on Route 522 South via Lake Frederick Drive and are located in the Opequon Magisterial District, and are identified by Property Identification Numbers 87-A-103, 87-A-103C, and 87-A-102. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Information regarding this application will also be available via the Planning Department's Web Page at www.co.frederick.va.us. Sincerely, Candice E. Perkins, AICP Senior Planner CEP/ 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This, is to certify that the attached correspondence was mailed to the following on '? S 13 from the Department of Planning and Development, Frederick Cou ty, irginia: 86 - A- - 273-C 87 - A- - 103- GIBSON BOBBY W OXBRIDGE DEVELOPMENT AT SHENANDOAH GIBSON GLADYS E LC 1883 HUDSON HOLLOW RD 600 JEFFERSON PLAZA STE 550 STEPHENS CITY VA 22655.3346 ROCKVILLE MD 20852 86 - A- - 273-B 87 - A- - 103-C GOLLIDAY LARRY S OXBRIDGE DEVELOPMENT AT SHENANDOAH GOLLIDAY BONNIE M 600 JEFFERSON PLZ STE 550 1787 HUDSON HOLLOW RD ROCKVILLE MD 20852-1150 87 - A- - 102- OXBRIDGE DEVELOPMENT AT SHENANDOAH 600 JEFFERSON PLZ STE 550 ROCKVILLE MD 20852.1150 87B - 1- 5- 132-A SHENANDOAH HOMEOWNERS ASSOC INC 140 BALD EAGLE DR FRONT ROYAL VA 22630 86 - A- - 273-H MUNGER STEVEN F MUNGER TIFFANY L 108 TATTERSALL CT STEPHENS CITY VA 22655.2381 86 - A- - 273- CAMPBELL JOHN 1895 HUDSON HOLLOW RD STEPHENS CITY VA 22655.3346 STATE OF VIRGINIA COUNTY OF FREDERICK STEPHENS CITY VA 22655 86 - A- - 272- DOVELL DANIEL A 1748 HUDSON HOLLOW RD STEPHENS CITY VA 22655-3329 86 - A- - 223- WHITMAN ROY G WHITMAN TARA F 1540 HUDSON HOLLOW RD STEPHENS CITY VA 22655.3327 86 - A- - 220- SEE RANDALL W SEE SUSAN A 1611 HUDSON HOLLOW RD STEPHENS CITY VA 22655 Candice E. Perkins, Senior Planner Frederick County Planning Dept. 1, _\4 i � ah, %6 L E , a Notary Public in and for the State and County aforesaid, do hereby certify that Candice E. Perkins, Senior Planne4Stiaean6 e D71-3 partment of Planning and Development, whose name is signed to the foregoing, dated , has personally appeared before me and acknowledged the same in myCounty aforesaid. Given under my hand this day of l,t 1 0 13 M commission expires on ( Z 0 / % Y p ���yn �� � . �n S cl� NOTARY PUBLIC l 0.1/(l� REGISTRATION #354474 NOTARY PUBLIC COMMONWEALTH OFF VIRGINIA IRGI MY COMMISSION EXPIRES DECEMBER 31, 2017 o 86 - A- - 220- SEE RANDALL W SEE SUSAN A 1611 HUDSON HOLLOW RD 87 - A- - 95-0 'NOY OR SLONAKER LLC , OAK RIDGE DR STEPHENS CITY VA 22655.2326 STEPHENS CITY VA 22655 86 - A- - 218- MAXJO LC 115 MASSIE LN STEPHENS CITY VA 22655.3005 87 - A- - 15- MADISON FARMS LLC 558 BENNYS BEACH RD FRONT ROYAL VA 22630.6963 87 - A- - 16-B GIBSON MONTIE W JR 2508 WILSON BLVD APT 204 WINCHESTER VA 22601 87 - A- - 96- MCKINNEY PATRICIA 309 GREBE DR LAKE FREDERICK VA 22630 87 - A- - 101- BOLYARD GARY A 97 FOREST RD FRONT ROYAL VA 22630.4831 87 - A- - 100- CLARK ROGER G 205 MOORE OR BERRYVILLE VA 22611.1149 87 - A- - 99- LEE FLOYD L LEE SHIRLEY J 1908 FAIRFAX PIKE WHITE POST VA 22663.1811 87 - A- - 97- ALPHONSE LAURIE CIO VIRGINIA CREDIT UNION INC PO BOX 14068 ATTN MORTGAGE SER RICHMOND VA 23225 87 - A- - 97-A TOUSET JOSE A TOUSET SALLY A 103 KAY CT WINCHESTER VA 22602.5607 87 - A- - 96-A VA INVESTMENT PROPERTIES LLC 9073 NEMO ST WEST HOLLYWOOD CA 90069 87 - A- - 95-B SANDY MELVIN RICHARD SANDY ETHYL L PO BOX 432 STEPHENS CITY VA 22655-0432 27 - A- - 12- NATIONAL FRUIT ORCHARDS INC 701 FAIRMONT AVE WINCHESTER VA 22601.4987 27 - A- - 14- CHAPIN MARGARET 8517 CYRUS Pl. ALEXANDRIA VA 22308-2014 27 -A- - 11- NATIONAL FRUIT ORCHARDS INC 701 FAIRMONT AVE WINCHESTER VA 22601.4987 27 - A- - 15- CRAIG JAMES W CRAIG PAMELA L 628 MARLBORO RD STEPHENS CITY VA 22655.5230 87 - A- 107- RITTER BOYD D 4436 FRONT ROYAL PIKE WHITE POST VA 22663-1906 87B - 2. 1.218- OXBRIDGE DEVELOPMENT AT SHENANDOAH 600 JEFFERSON PLZ STE 550 ROCKVILLE MO 20852-1150 87B - 2. 1.228-A OXBRIDGE DEVELOPMENT AT SHENANDOAH 600 JEFFERSON PLZ STE 550 ROCKVILLE MD 20852-1150 87 - A- - 103-B COMMONWEALTH OF VIRGINIA - DEPT OF GAME & INLAND FISHERIES 4010 W BROAD ST RICHMOND VA 23230-3916 27 - A- - 18- MORRIS KATHLEEN R & ANDREW DOUGLAS 831 BACK CREEK RD GORE VA 22637.2615 87 - A- - 105-A HEADLEY JAMES 0 HEADLEY DARLENEC 4486 FRONT ROYAL PIKE WHITE POST VA 22663.1906 87 - A- - 105- HEADLEY JAMES 0 HEADLEY MICHAEL A ETALS 4488 FRONT ROYAL PIKE WHITE POST VA 22663.1906 This is to certify that the attached correspondence was mailed to the following on -� S .i3 from the Department of Planning and Development, Frederick CouAty,Virginia: 87 - A- - 103-A HEADLEY KATHY A 4490 FRONT ROYAL PIKE WHITE POST VA 22663.1906 35 -A- - 1- GRO-GREEN PROPERTIES LLC 3276 WOODSIDE RD CLEAR BROOK VA 22624-1350 35 -A- - 1- GRO-GREEN PROPERTIES LLC 3276 WOODSIDE RD CLEAR BROOK VA 22624.1350 86 - A- - 273-D OAK RIDGE PROPERTIES INC 2843 SOUTHERN HILLS DR NORTH GARDEN VA 22959 94A - 1. 1. 12- GRADY ALBERT M GRADY TERRI L PO BOX 442 STEPHENS CITY VA 22655-0442 94A - 1.10. It- GRADY ALBERT M GRADY TERRI L PO BOX 442 STEPHENS CITY VA 22655.0442 94A - 1.11. 20- GRADY ALBERT M GRADY TERRI L PO BOX 442 STEPHENS CITY VA 22655.0442 93 - A- - 77- GROVE EUGENE F 320 VICTORY RD WINCHESTER VA 22602.4563 94 -A- - 1- WHEATLANDS LLC CIO RAPPAPORT MANAGEMENT COMPANY 8405 GREENSBORO DR STE 830 MCLEAN VA 22102.5121 Candice E. Perkins, Senior Planner Frederick County Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERI K 1, V &jca '5 �- , a Notary Public in and for the State and County aforesaid, do hereby certify that Candice E. Perkins, Senior Planner for the Department of Planning and Development, whose name is signed to the foregoing, dated , has personally appeared before me and acknowledged the same in my Sta e aild County aforesaid. Given under my hand this day of My commission expires on AMALA DEETER NOTARY PUBLIC :RE:GISTRATION # 354474 CONWEALTH OF VIRGINIA NOTARY PUBLIC My 31,2017 CEMBER C3) 1 TO:BARBARA-DATA PROCESSING S` !� Adjoining Property Owners FROM:BEV -Planning Dept. 1036 MASTER DEVELOPMENT PLAN Please r n� 3 sets of labels by THANKS! Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the Ist.floor of the Frederick County Administration Building, 107 North Kent Street. t V v V 1 Name and Property Identification Number Address Name MREC SHENANDOAH INVESTMENT LLC C/O LANSDOWNE DEVELOPMENT GROUP LLC 2553 DULLES VIEW DR STE 400 HERNDON VA 20171 Property48713 1 5 132A NameMUNGER STEVEN F 108 TATTERSALL CT STEPHENS CITY VA 22655 Property # 86 A 273H NameCAMPBELL JOHN 1895 HUDSON HOLLOW RD STEPHENS CITY VA 22655 Property # 86 A 273 NameGIBSON BOBBY W & GLADYS E 1883 HUDSON HOLLOW RD STEPHENS CITY VA 22655 Property486 A 273C NameGOLLIDAY LARRY S & BONNIE M 1787 HUDSON HOLLOW RD STEPHENS CITY VA 22655 Property486 A 273B Name DOVELL DANIEL A 1748 HUDSON HOLLOW RD STEPHENS CITY VA 22655 Property486 A 272 NameWHITMAN ROY G & TARA F 1584 HUDSON HOLLOW RD STEPHENS CITY VA 22655 Property#, 86 A 223 Name LEWIS HARVEY OTIS ETALS 1633 HUDSON HOLLOW RD STEPHENS CITY VA 22655 Property#86 A 220 Name MAXJO LC 115 MASSIE LN STEPHENS CITY VA 22655 Property#86 A 218 - '94 -A - �.-7 3�� 12 Name and Property Identification Number Address NameVIRGINIA DEPARTMENT OF HIGHWAYS P.O. BOX 2249 Property#27 A 11 (CLARKE COUNTY) STAUNTON VA 24402 NameWILSON CLEVLAND & GLORIA J SETTLE 4238 STONEWALL JACKSON HWY Property#27 A 15 (CLARKE COUNTY) WHITE POST VA 22663 Name RITTER BOYD D 4436 FRONT ROYAL PIKE 7Property # 87 A 107 WHITE POST VA 22663 Name MREC SHENANDOAH INVESTMENT LLC C/O LANSDOWNE DEVELOPMENT GROUP, 2553 DULLES VIEW DR STE 400 Property#8713 2 1 218 / HERNDON VA 20171 Name MRESHENANDOAH INVESTMENT LLC C/O LANSDOWNE DEVELOPME GROUP LLC 2553 DULLES VIEW DR STE 400 PropertyA713 2 1 219 / HERNDON VA 20171 Name MREC SAII-Al INVESTMENT LLC CIO LANSDOWNE DEVELOPMENT GROUP LLC 2553 DULLESVIEW DR STE 400 Property#874 2 1 220 / HERNDON VA 20171 Name MREC SHENANDIV INVESTMENI LLC C!. LA SDOWNE DEVELOPMENT GROUP LLC 2553 DULLES VIEW DR STE 400 Property # 87B 1 221/ HERNDON VA 20171 Name MREC SHENANDOAH'N STMENTLLCC/O LANSDOWNE DEVELOPMENT GROUP LLC 2553 DULLES VIEW DR STE 400 Property #87B 2 /2/22 HERNDON VA 20171 ENamerSHENANDOAHINVE�TM \'LLC C/O LANSDOWNE DEVELOPMENT GROUP LIC 2553 DULLES VIEW DR STE 400 87B Y 1 43 HERNDON VA 20171 Name MREC SHENANDOA�H INVESTMENT LL C/O LANSDOWNE DEVELOPMENT GROUP LLC 2 553 DULLES VIEW DR STE 400 Property#87B// 2 1 224\ HERNDON VA 20171 pp/ \ Name MREC SHENrDOAH INVESTMENT LLC C/O LAN\OWNE DEVELOPMENT GROUP LLC 2553 DULLES VIEW DR STE 400 Property#6B 2 1 225 \ HERNDON VA 20171 ( Name MREC$HENANDOAH INVESTMENT LLC C/O LANSDO— EVELOPMENT GROUP LLC 2553 DULLES VIEW DR STE 400 I / ProperV487B 2 1 226 HERNDON VA 20171 t I Name REC SHENANDOAH INVESTMENT LLC C/O LANSDOWNE DEVEL .ENT GROUP LLC 2553 DULLES VIEW DR STE 400 Pro erty# 87B 2 1 228 HERNDON VA 20171 N me MREC SHENANDOAHINVESTMENT LLCC/O LANSDOWNE DEVELOPMENT ROUPLLC 2553 DULLES VIEW DR STE 400 roperty# 87B 2 1. 192 HERNDON VA 20171 13 Name and Property Identification Number Address ,I Name MREC SHENANDOAH INVESTMENT LLC CIO LANSDOWNE DEVELOPMENT GROUP LLC n 2553 D U L L E S VIEW DR ST E 400 H E RN DO N VA 20171 L, / Name COMMONWEALTH OF VIRGINIA -DEPT OF GAME & INLAND FISHERIES 4010 W BROAD ST RICHMOND VA 23230 Property#87 A 103B NameKNOWLES PARTNERSHIP LC 1757 TEMPLETON LANE VIRGINIA BEACH VA 23454 -.Property#27 A 18 (CLARKE COUNTY) NameHEADLEY JAMES Q & DARLENE C 4486 FRONT ROYAL PIKE WHITE POST VA 22663 Property # 87 A 105A NameHEADLEY JAMES Q & MICHAEL A 4488 FRONT ROYAL PIKE WHITE POST VA 22663 V Property # 87 A 105 Name HEADLEY KATHY A 4490 FRONT ROYAL PIKE WHITE POST VA 22663 roperty # 87 A 103A Name BATES LEA FARM LLC 4581 STONEWALL JACKSON HWY WHITE POST VA 22663 Property #35 A 1 (CLARKE COUNTY) Name Property # Name Property # q` _ 1pj) — 1i Name Property # Name Property # �/ _ rq _ Name Property #, Name Property # Name Property # 13 Name and Property Identification Number Address NameMADISON FARMS LLC 558 BENNYS BEACH RD FRONT ROYAL VA 22630 Property#87 A 15 NameGIBSON MONTIE W JR 101 CAHILLE DR WINCHESTER VA 22602 Property#87 A 16B NameASHWOOD BONNIE G & SHERYL R TAYLOR 586 PINE GROVE RD STRASBURG VA 22657 Property#87 A 96 Name BOLYARD GARY A 97 FOREST RD FRONT ROYAL VA 22630 Property # 87 A 101 V NameCLARK ROGER G 205 MOORE DR BERRYVILLE VA 22611 Property # 87 A 100 Name LEE FLOYD L & SHIRLEY J 1908 FAIRFAX PIKE WHITE POST VA 22663 Property # 87 A 99 Name LEE FLOYD L & SHIRLEY J 1908 FAIRFAX PIKE WHITE POST VA 22663 Property # 87 A 98 ✓ NameALPHONSE LAURIE 2430 BERRYVILLE PIKE LOT 40 WINCHESTER VA 22603 Property #87 A 97 NameTOUSET JOSE A 103 KAY CT WINCHESTER VA 22602 roperty#87 A 97A Name CATLETT STELLA M 1954 FAIRFAX PIKE WHITE POST VA 22663 Property # 87 A 96A ✓ NameSANDY MELVIN RICHARD & ETHYL L PO BOX 432 STEPHENS CITY VA 22655 Property#87 A 95B NameSANDY OR SLONAKER LLC 109 OAK RIDGE DR STEPHENS CITY VA 22655 Propeny987 A 95D Name BENTON SADIE M TRUSTEE 4109 MILLWOOD ROAD CHESTER VA 23831 Property#27 A 12 (CLARKE COUNTY) _ NameGROVE EUGENE F JR & SALLY JO 320 VICTORY RD WINCHESTER VA 22602 Property#27 A 14 (CLARKE COUNTY) 13 Pr b A TO: BARBARA -DATA PROCESSING �tl�AJ A & JO 11� - _Adjoining Property Owners FROM:BEV -.Planning Dept. - / Please print `pf sets of labels b MASTiR DEVELOPMENT PLAN -I I� I i 3 y THANKS! Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right -of -«/ay, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 1st floor of the Frederick County Administration Building, 107 North Kent Street. WA vil V I/ Name and Property Identification Number Address Name MREC SHENANDOAH INVESTMENT LLC C/O LANSDOWNE DEVELOPMENT GROUPLLC 2553 DULLES VIEW DR STE 400 HERNDON VA 20171 Property#87B 1 5 132A NameMUNGER STEVEN F 108 TATTERSALL CT STEPHENS .CITY VA 22655 Property # 86 A 273H NameCAMPBELL JOHN 1895 HUDSON HOLLOW RD STEPHENS CITY VA 22655 Property # 86 A 273 Name GIBSON BOBBY W & GLADYS E 1883 HUDSON HOLLOW RD STEPHENS CITY VA 22655 Property #86 A 273C NameGOLLIDAY LARRY S & BONNIE M 1787 HUDSON HOLLOW RD STEPHENS CITY VA 22655 Property#86 A 273B Name DOVELL DANIEL A 1748 HUDSON HOLLOW RD STEPHENS CITY VA 22655 Property # 86 A 272 NameWHITMAN ROY G & TARA F 1584 HUDSON HOLLOW RD STEPHENS CITY VA 22655 Property # 86 A 223 Name LEWIS HARVEY OTIS ETALS 1633 HUDSON HOLLOW RD STEPHENS CITY VA 22655 Property #86 A 220 Name MAXJO LC 115 MASSIE LN STEPHENS CITY VA 22655 Property # 86 A 218 12 i N -7 Name and Property Identification Number Address NameMADISON FARMS LLC 558 BENNYS BEACH RD / Property # 87 A 15 FRONT ROYAL VA 22630 NameGIBSON MONTIE W JR 101 CAHILLE DR ✓ Property#87 A 16B WINCHESTER VA 22602 NameASHWOOD BONNIE G & SHERYL R TAYLOR 586 PINE GROVE RD Property # 87 A 96 STRASBURG VA 22657 Name BOLYARD GARY A 97 FOREST RD I/ Property # 87 A 101 FRONT ROYAL VA 22630 NameCLARK ROGER G 205 MOORE DR Property # 87 A 100 BERRYVILLE VA 22611 Name LEE FLOYD L & SHIRLEY J 1908 FAIRFAX PIKE Property # 87 A 99 WHITE POST VA 22663 NameLEE FLOYD L & SHIRLEY J 1908 FAIRFAX PIKE WHITE POST VA 22663 Property # 87 A 98 NameALPHONSE LAURIE 2430 BERRYVILLE PIKE LOT 40 WINCHESTER VA 22603 Property#87 A 97 NameTOUSET JOSE A 103 KAY CT WINCHESTER VA 22602 Property #87 A 97A Name CATLETT STELLA M 1954 FAIRFAX PIKE WHITE POST VA 22663 Property # 87 A 96A NameSANDY MELVIN RICHARD & ETHYL L PO BOX 432 STEPHENS CITY VA 22655 Property#87 A 95B ✓ NameSANDY OR SLONAKER LLC 109 OAK RIDGE DR STEPHENS CITY VA 22655 Property#87 A 95D r% Name BENTON SADIE M TRUSTEE 4109 MILLWOOD ROAD CHESTER VA 23831 Properly#27 A 12 (CLARKE COUNTY) NameGROVE EUGENE F JR & SALLY JO 320 VICTORY RD WINCHESTER VA 22602 Property427 A 14 (CLARKE COUNTY) 13 Name and Property Identification Number NameVIRGINIA DEPARTMENT OF HIGHWAYS Property4'27 A 11 (CLARKE COUNTY) Name WILSON CLEVLAND & GLORIA J SETTLE Property#27 A 15 (CLARKE COUNTY) Name RITTER BOYD D Property # 87 A 107 Name MREC SHENANDOAH INVESTMENT LLC CIO LANSDOWNE DEVELOPMENT GROUP LLC Property # 87B 2 1 218 Name MREC SHENANDOAH INVESTMENT LLC CIO LANSDOWNE DEVELOPMENT GROUP LLC Property # 87B 2 1 219 Name MREC SHENANDOAH INVESTMENT LLC C/O LANSDOWNE DEVELOPMENT GROUT LLC Property # 87B 2 1 220 Name MREC SHENANDOAH INVESTMENT LLC C!O LANSDOWNE DEVELOPMENT GROUP LLC Property # 87 B 2 1 221 Name MREC SHENANDOAH !NVES T MENT LLC CIO LANSDOWNE DEVELOPMENT GROUP LLC Property # 87B 2 1 222 Name MREC SHENANDOAH: INVESTMENT LLC C/O LANSDOWNE DEVELOPMENT GROUP LLC Property # 87B 2 1 223 EC SHENANDOAH INVESTMENT LLC CIO LANSDOWNE DEVELOPMENT GROUPLLC Name MR Property# 87B 2 1 224 Name MREC SHENANDOAAH INVESTMENT LLC C/O LANSDOWNE DEVELOPMENT GROUP LLC Property # 87B 2 1 225 Name MREC SHENANDOAH INVESTMENT LLC C/O LANSDOWNE DEVELOPMENT GROUP LLC Property # 87B 2 1 226 Name MREC SHENANDOAi'. INVESTMENT LLC CIO LANSDOWNE DEVELOPMENT GROUP LLC Property # 87B 2 1 228 Name MREC SHENANDOAH INVESTMENT LLC C/O LANSDOWNE DEVELOPMENT GROUP LLC Property # 87B 2 1 192 Address P.O. BOX 2249 STAUNTON VA 24402 4238 STONEWALL JACKSON HWY WHITE POST VA 22663 4436 FRONT ROYAL PIKE WHITE POST VA 22663 2553 DULLES VIEW DR STE 400 HERNDON VA 20171 2553 DULLES VIEW DR STE 400 HERNDON VA 20171 2553 DULLES VIEW DR STE 400 HERNDON VA 20171 2553 DULLES VIEW DR STE 400 HERNDON VA 20171 2553 DULLES VIEW DR STE 400 HERNDON VA 20171 2553 DULLES VIEW DR STE 400 HERNDON VA 20171 2553 DULLES VIEW DR STE 400 HERNDON VA 20171 2553 DULLES VIEW DR STE 400 HERNDON VA 20171 2553 DULLES VIEW DR STE 400 HERNDON VA 20171 2553 DULLES VIEW DR STE 400 HERNDON VA 20171 2553 DULLES VIEW DR STE 400 HERNDON VA 20171 13 Name and Property Identification Number Address Name MREC SHENANDO.ti INVESTMENT LLC CIO LANSDOWNE DEVELOPMENT GROUP LC 2553 D U L L E S VIEW DR ST E 400 HERNDON VA 20171 Property # 87B 2 1 228A Name COMMONWEALTH OF VIRGINIA -DEP T OF GAME & INLAND FISHERIES 4010 W BROAD ST RICHMOND VA 23230 Property487 A 103B NameKNOWLES PARTNERSHIP LC 1757 TEMPLETON LANE VIRGINIA BEACH VA 23454 Property#27 A 18 (CLARKE COUNTY) Name HEADLEY JAMES Q & DARLENE C 4486 FRONT ROYAL PIKE WHITE POST VA 22663 Property # 87 A 105A Name HEADLEY JAM ES Q & MICHAEL A 4488 FRONT ROYAL PIKE WHITE POST VA 22663 Property # 87 A 105 NameHEAD LEY KATHY A 4490 FRONT ROYAL PIKE WHITE POST VA 22663 Property # 87 A 103A Name BATES LEA FARM LLC 4581 STONEWALL JACKSON HWY WHITE POST VA 22663 Property # 35 A 1 (CLARKE COUNTY) Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # 13 TO:BARBARA-DATA PROCESSING t ��� Adjoining Property Owners Dept. FROM: BEV - PlanningDe t 10�6 MASTER DEVELOPMENT PLAN 'lease �p"' j 3 sets of labels by THANKSI Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner- of the Revenue is located on the lst.floor of the Frederick County Administration Building, 107 North Kent Street. LVA M LTA Name and Property Identification Number Address Name MREC SHENANDOAH INVESTMENT LLC C/O LANSDOWNE DEVELOPMENT GROUP LLC 2553 D U L L ES VIE` /1 / DR S TE 400 HERNDON VA 20171 Property'#87B 1 5 132A NameMUNGER STEVEN F 108 TATTERSALL CT STEPHENS CITY VA 22655 Property#.86 A 273H Name CAMPBELL JOHN 1895 HUDSON HOLLOW RD STEPHENS CITY VA 22655 Property # 86 A 273 GIBSON BOBBY W & GLADYS E 1883 HUDSON HOLLOW RD STEPHENS CITY VA 22655 rty#86 A 273C k GOLLIDAY LARRY S & BONNIE M 1787 HUDSON HOLLOW RD STEPHENS CITY VA 22655 rty#86 A 273B Name DOVELL DANIELA 1748 HUDSON HOLLOW RD STEPHENS CITY VA 22655 Property#86- A 272 Name WHITMAN ROY G & TARA F 1584 HUDSON HOLLOW RD STEPHENS CITY VA 22655 Property#86 A 223 PName LEWIS HARVEY OTIS ETALS 1633 HUDSON HOLLOW RD STEPHENS CITY VA 22655 rty#86 A 220 Name MAXJO LC 115 MASSIE LN STEPHENS CITY VA 22655 Property # 86 A 218 n 12 I/ Name and Property Identification Number Address Name MREC SHENANDOAH INVESTMENT LLC C/O LANSDOWNE DEVELOPMENT GROUP LLC 2553 D U L L E S VIEW DR S TE 400 HERNDON VA 20171 open # / Name COMMONWEALTH OF VIRGINIA -DEPT OF GAME & INLAND FISHERIES 4010 W BROAD ST RICHMOND VA 23230 Property # 87 A 103B . NameKNOWLES PARTNERSHIP LC 1757 TEMPLETON LANE VIRGINIA BEACH VA 23454 ,Property#27 A 18 (CLARKE COUNTY) Name HEADLEY JAMES Q & DARLENE C 4486 FRONT ROYAL PIKE WHITE POST VA 22663 Property # 87 A 105A Name HEADLEY JAMES Q & MICHAEL A 4488 FRONT ROYAL PIKE WHITE POST VA 22663 \. Property # 87 A 105 Name HEAD LEY KATHY A 4490 FRONT ROYAL PIKE WHITE POST VA 22663 `-Property # 87 A 103A Name BATES LEA FARM LLC 4581 STONEWALL JACKSON HWY WHITE POST VA 22663 Property #35 A 1 (CLARKE COUNTY) Name Property # %�' Name Property #` Name 7 .- Property #y 1 Name Property # _ f _ Name Name Property # Name Property # ]3 Easy Peel® Labels i Bend along line to 1�AVEIZY®5161® Use Avery® Template 51610 Feed Paper ®� expose Pop-up Edger"' 1 I d 87 - A- - 103- OXBRIDGE DEVELOPMENT AT SHENANDOAH LC 600 JEFFERSON PLAZA STE 550 ROCKVILLE MD 20852 87 - A- - 103-C OXBRIDGE DEVELOPMENT AT SHENANDOAH 600 JEFFERSON PLZ STE 550 ROCKVILLE MD 20852.1150 87 - A- - 102- OXBRIDGE DEVELOPMENT AT SHENANDOAH 600 JEFFERSON PLZ STE 550 ROCKVILLE MD 20852.1150 87B - 1- 5- 132-A SHENANDOAH HOMEOWNERS ASSOC INC 140 BALD EAGLE DR FRONT ROYAL VA 22630 86 - A- - 273-H MUNGER STEVEN F MUNGER TIFFANY L 108 TATTERSALL CT STEPHENS CITY VA 22655-2381 Etiquettes faciles A peter Utilisez le gabarit AVERY® 51610 Sens de chargement 87 - A- - 103- OXBRIDGE DEVELOPMENT AT SHENANDOAH LC 600 JEFFERSON PLAZA STE 550 ROCKVILLE MD 20852 87 - A- - 103-C OXBRIDGE DEVELOPMENT AT SHENANDOAH 600 JEFFERSON PLZ STE 550 ROCKVILLE MD 20852.1150 87 - A- - 102- OXBRIDGE DEVELOPMENT AT SHENANDOAH 600 JEFFERSON PLZ STE 550 ROCKVILLE MD 20852.1150 87B - 1- 5- 132-A SHENANDOAH HOMEOWNERS ASSOC INC 140 BALD EAGLE DR FRONT ROYAL VA 22630 86 - A- - 273-H MUNGER STEVEN F MUNGER TIFFANY L 108 TATTERSALL CT STEPHENS CITY VA Repliez a la hachure afin de reveler le rebord Pop-upm' 22655.2381 www.avery.com 1-800-GO-AVERY Easy Peel® Labels A i Bend along line to ������®5161® Use AveryO Template 51610 Feed Paper ® I expose Pop-up EdgeTM 86 - A- - 273- CAMPBELL JOHN 1895 HUDSON HOLLOW RD STEPHENS CITY VA 22655.3346 86 - A- - 273-C GIBSON BOBBY W GIBSON GLADYS E 1883 HUDSON HOLLOW RD STEPHENS CITY VA 22655.3346 86 - A- - 273-B GOLLIDAY LARRY S GOLLIDAY BONNIE M 1787 HUDSON HOLLOW RD STEPHENS CITY VA 22655 86 - A- - 272- DOVELL DANIEL A 1748 HUDSON HOLLOW RD STEPHENS CITY VA 22655.3329 86 - A- - 223- WHITMAN ROY G WHITMAN TARA F 1540 HUDSON HOLLOW RD STEPHENS CITY VA 22655.3327 86 - A- - 273- CAMPBELL JOHN 1895 HUDSON HOLLOW RD STEPHENS CITY VA 22655.3346 86 - A- - 273-C GIBSON BOBBY W GIBSON GLADYS E 1883 HUDSON HOLLOW RD STEPHENS CITY VA 22655.3346 86 - A- - 273-B GOLLIDAY LARRY S GOLLIDAY BONNIE M 1787 HUDSON HOLLOW RD STEPHENS CITY VA 22655 86 - A- - 272- DOVELL DANIEL A 1748 HUDSON HOLLOW RD STEPHENS CITY VA 22655.3329 86 - A- - 223- WHITMAN ROY G WHITMAN TARA F 1540 HUDSON HOLLOW RD STEPHENS CITY VA 22655-3327 Etiquettes faciles A peter e ; Repliez a la hachure afin de www.avery.com Utilisez le gabarit AVERY® 51610 Sens de chargement j reveler le rebord Pop-upmc 1-800-GO-AVERY j Easy PeelO Labels ® ' Use AveryO Template 51610 Feed Paper ®i Bend along line to w AVERY05161O expose Pop-up Edger'" 86 - A- - 220- SEE RANDALL W SEE SUSAN A 1611 HUDSON HOLLOW RD STEPHENS CITY VA 22655 86 - A- - 218- MAXJO LC 115 MASSIE LN STEPHENS CITY VA 22655-3005 87 - A- - 15- MADISON FARMS LLC 558 BENNYS BEACH RD FRONT ROYAL VA 22630.6963 87 - A- - 16-B GIBSON MONTIE W JR 2508 WILSON BLVD APT 204 WINCHESTER VA 22601 87 - A- - 96- MCKINNEY PATRICIA 309 GREBE DR LAKE FREDERICK VA 86 - A- - 220- SEE RANDALL W SEE SUSAN A 1611 HUDSON HOLLOW RD STEPHENS CITY VA 22655 86 - A- - 218- MAXJO LC 115 MASSIE LN STEPHENS CITY VA 22655.3005 87 - A- - 15- MADISON FARMS LLC 558 BENNYS BEACH RD FRONT ROYAL VA 22630.6963 87 - A- - 16-B GIBSON MONTIE W JR 2508 WILSON BLVD APT 204 WINCHESTER VA 22601 87 - A- - 96- MCKINNEY PATRICIA 309 GREBE DR 22630 LAKE FREDERICK VA 22630 Etiquettes faciles a peler ® ; Repliez a la hachure afin de www.avery.com Utilisez le gabarit AVERYO 51610 Sens de chargement j reveler le rebord Pop-up"' 1-800-GO-AVERY Easy PeelO Labels ® i Bend along line to aAVERV051610 Use AveryO Template 51610 Feed Paper ®j expose Pop-up EdgeTM 87 - A- - 101- 87 - A- - 101- BOLYARD GARY A BOLYARD GARY A 97 FOREST RD 97 FOREST RD FRONT ROYAL VA 22630.4831 FRONT ROYAL VA 22630.4831 87 - A- - 100- 87 - A- - 1DO- CLARK ROGER G CLARK ROGER G 205 MOORE DR 205 MOORE OR BERRYVILLE VA 22611.1149 BERRYVILLE VA 22611.1149 87 - A- - 99- 87 - A- - 99- LEE FLOYD L LEE FLOYD L LEE SHIRLEY J LEE SHIRLEY J 1908 FAIRFAX PIKE 1908 FAIRFAX PIKE WHITE POST VA 22663-1811 WHITE POST VA 22663.1811 87 - A- - 97- ALPHONSE LAURIE CIO VIRGINIA CREDIT UNION INC PO BOX 14068 ATTN MORTGAGE SER RICHMOND VA 23225 87 - A- - 97-A TOUSET JOSE A TOUSET SALLY A 103 KAY CT WINCHESTER VA 22602.5607 Etiquettes faciles a peler Utilisez le gabarit AVERY@ 5161@ Sens de chargement 87 - A- - 97- ALPHONSE LAURIE CIO VIRGINIA CREDIT UNION INC PO BOX 14068 ATTN MORTGAGE SER RICHMOND VA 23225 87 - A- - 97-A TOUSET JOSE A TOUSET SALLY A 103 KAY CT WINCHESTER VA Repliez a la hachure afin de ' reveler le rebord Pop-up" j 22602.5607 www.avery.com 1-800-GO-AVERY ' j Easy Peel® Labels ® i Bend along line to w A�1��(p5161® Use Avery® Template 51610 Feed Paper ®j expose Pop-up Edger"' j 87 - A- - 96-A VA INVESTMENT PROPERTIES LLC 9073 NEMO ST WEST HOLLYWOOD CA 90069 87 - A- - 95-B SANDY MELVIN RICHARD SANDY ETHYL L PO BOX 432 STEPHENS CITY VA 22655.0432 87 - A- - 95-D SANDY OR SLONAKER LLC 109 OAK RIDGE DR STEPHENS CITY VA 22655.2326 27 - A- - 12- NATIONAL FRUIT ORCHARDS INC 701 FAIRMONT AVE WINCHESTER VA 22601.4987 27 - A- - 14- CHAPIN MARGARET 8517 CYRUS PL ALEXANDRIA VA 22308.2014 87 - A- - 96-A VA INVESTMENT PROPERTIES LLC 9073 NEMO ST WEST HOLLYWOOD CA 90069 87 - A- - 95-B SANDY MELVIN RICHARD SANDY ETHYL L PO BOX 432 STEPHENS CITY VA 22655.0432 87 - A- - 95-D SANDY OR SLONAKER LLC 109 OAK RIDGE DR STEPHENS CITY VA 22655.2326 27 - A- - 12- NATIONAL FRUIT ORCHARDS INC 701 FAIRMONT AVE WINCHESTER VA 22601.4987 27 - A- - 14- CHAPIN MARGARET 8517 CYRUS Pl. ALEXANDRIA VA 22308.2014 Etiquettes faciles A peler A i Repliez A la hachure afin de www.avery.com Utilisez le gabarit AVERYO 51610 Sens de chargement reveler le rebord Pop-up" 1-800-GO-AVERY Easy Peel® Labels A Use Avery® Template 51610 Feed Paper ®i Bend along line to �AVERY®5161® expose Pop-up Edge T"' 1 27 -A- - 11- NATIONAL FRUIT ORCHARDS INC 701 FAIRMONT AVE WINCHESTER VA 22601-4987 27 -A- - 11- NATIONAL FRUIT ORCHARDS INC 701 FAIRMONT AVE WINCHESTER VA 22601.4987 27 - A- - 15- 27 - A- - 15- CRAIG JAMES W CRAIG JAMES W CRAIG PAMELA L CRAIG PAMELA L 628 MARLBORO RD 628 MARLBORO RD STEPHENS CITY VA 22655-5230 STEPHENS CITY VA 22655.5230 87 - A- - 107- 87 - A- - 107- RITTER BOYD D RITTER BOYD D 4436 FRONT ROYAL PIKE 4436 FRONT ROYAL PIKE WHITE POST VA 22663.1906 WHITE POST VA 22663.1906 87B - 2. 1- 218- OXBRIDGE DEVELOPMENT AT SHENANDOAH 600 JEFFERSON PLZ STE 550 ROCKVILLE MD 20852.1150 87B - 2. 1.228-A OXBRIDGE DEVELOPMENT AT SHENANDOAH 600 JEFFERSON PLZ STE 550 ROCKVILLE MD 20852-1150 87B - 2. 1.218- OXBRIDGE DEVELOPMENT AT SHENANDOAH 600 JEFFERSON PLZ STE 550 ROCKVILLE MO 20852.1150 87B - 2. 1- 228-A OXBRIDGE DEVELOPMENT AT SHENANDOAH 600 JEFFERSON PLZ STE 550 ROCKVILLE MD 20852.1150 Etiquettes faciles a peler ® ; Repliez a la hachure afin de www.avery.com Utilisez le gabarit AVERY@ 51610 Sens de chargement reveler le rebord Pop-up" 1-800-GO-AVERY j Easy Peel® Labels Use Avery® Template 51610 Feed Paper ®; Bend along line to w AVERY®5161® expose Pop-up Edger"' j 87 - A- - 103-B COMMONWEALTH OF VIRGINIA - DEPT OF GAME & INLAND FISHERIES 4010 W BROAD ST RICHMOND VA 23230.3916 27 - A- - 18- MORRIS KATHLEEN R & ANDREW DOUGLAS 831 BACK CREEK RD GORE VA 22637-2615 87 - A- - 105-A HEADLEY JAMES Q HEADLEY DARLENEC 4486 FRONT ROYAL PIKE WHITE POST VA 22663.1906 87 - A- - 105- HEADLEY JAMES Q HEADLEY MICHAEL A ETALS 4488 FRONT ROYAL PIKE WHITE POST VA 22663.1906 87 - A- - 103-A HEADLEY KATHY A 4490 FRONT ROYAL PIKE WHITE POST VA 22663.1906 87 - A- - 103-B COMMONWEALTH OF VIRGINIA - DEPT OF GAME & INLAND FISHERIES 4010 W BROAD ST RICHMOND VA 23230.3916 27 - A- - 18- MORRIS KATHLEEN R & ANDREW DOUGLAS 831 BACK CREEK RD GORE VA 22637.2615 87 - A- - 105-A HEADLEY JAMES Q HEADLEY DARLENEC 4486 FRONT ROYAL PIKE WHITE POST VA 22663.1906 87 - A- - 105- HEADLEY JAMES Q HEADLEY MICHAEL A ETALS 4488 FRONT ROYAL PIKE WHITE POST VA 22663.1906 87 - A- - 103-A HEADLEY KATHY A 4490 FRONT ROYAL PIKE WHITE POST VA 22663.1906 Etiquettes faciles a peler 0 Repliez a la hachure afin de www.averycom Utilisez le gabarit AVERY® 51610 Sens de chargement j reveler le rebord Pop-up'c 1-800-GO-AVERY j Easy Peel® Labels ® 1 Bend along line to NAVI�RY®5161® Use Avery® Template 51610 Feed Paper ®j expose Pop-up EdgeT"' j 35 -A- - 1- 35 -A- - 1- GRO-GREEN PROPERTIES LLC GRO-GREEN PROPERTIES LLC 3276 WOODSIDE RD 3276 WOODSIDE RD CLEAR BROOK VA 22624.1350 CLEAR BROOK VA 22624.1350 Etiquettes faciles a peter ® ; Repliez a la hachure afin de www.avery.com Utilisez le gabarit AVERY® 51610 Sens de chargement j reveler le rebord Pop-up" 1-800-GO-AVERY Easy Peel® Labels e Use Avery® Template 51610 Feed Paper ®i Bend along line to �AVERY851610 expose Pop-up Edger"' j 86 - A- - 273-0 OAK RIDGE PROPERTIES INC 2843 SOUTHERN HILLS DR NORTH GARDEN VA 22959 86 - A- - 273-D OAK RIDGE PROPERTIES INC 2843 SOUTHERN HILLS DR NORTH GARDEN VA 22959 94A - 1. 1- 12- 94A - 1. 1- 12- GRADY ALBERT M GRADY ALBERT M GRADY TERRI L GRADY TERRI L PO BOX 442 PO BOX 442 STEPHENS CITY VA 22655.0442 STEPHENS CITY VA 22655.0442 94A - 1-10- 11- 94A - 1.10- 11- GRADY ALBERT M GRADY ALBERT M GRADY TERRI L GRADY TERRI L PO BOX 442 PO BOX 442 STEPHENS CITY VA 22655.0442 STEPHENS CITY VA 22655.0442 94A - 1.11- 20- 94A - 1-11. 20- GRADY ALBERT M GRADY ALBERT M GRADY TERRI L GRADY TERRI L PO BOX 442 PO BOX 442 STEPHENS CITY VA 22655.0442 STEPHENS CITY VA 22655.0442 93 - A- - 77- 93 - A- - 77- GROVE EUGENE F GROVE EUGENE F 320 VICTORY RD 320 VICTORY RD WINCHESTER VA 22602.4563 WINCHESTER VA 22602.4563 Etiquettes faciles a peter - ; Repliez a la hachure afin de www.avery.com Utilisez le gabarit AVERY® 51610 Sens de chargement j reveler le rebord Pop-upm' 1-800-GO-AVERY j Easy Peel® Labels Use Avery® Template 51610 Feed Paper ®1 94 -A- - 1- WHEATLANDS LLC CIO RAPPAPORT MANAGEMENT COMPANY 8405 GREENSBORO DR STE 830 MCLEAN VA 22102.5121 Bend along line to aAVERY®51610 expose Pop-up Edger'" j 94 -A- - 1- WHEATLANDS LLC CIO RAPPAPORT MANAGEMENT COMPANY 8405 GREENSBORO DR STE 830 MCLEAN VA 22102.5121 Etiquettes faciles A peler ® i Repliez a la hachure afin de www.avery.com Utilisez le gabarit AVERY® 51610 Sens de chargement reveler le rebord Pop-up"' 1-800-GO-AVERY M NOTIFICATION OF PUBLIC MEETING July 5, 2013 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: MASTER DEVELOPMENT PLAN 401-13 OF SHENANDOAH On behalf of the Frederick County Planning Commission, you are hereby notified of a public meeting being held on Wednesday, July 17, 2013 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 Master Development Plan #01-13 for Shenandoah, submitted by Bowman Consulting Group to revise Master Development Plan #03-07. The subject properties are located on the western side of Route 522 South (Front Royal Pike), south of Route 277 (Fairfax Pike) and east of Route 636 (Hudson Hollow Rd). Existing primary access to this site is located on Route 522 South via Lake Frederick Drive and are located in the Opequon Magisterial District, and are identified by Property Identification Numbers 87-A-103, 87-A-103C, and 87-A-102. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Information regarding this application will also be available via the Planning Department's Web Page at www.co.frederick.va.us. Sincerely, Candice E. Perkins, AICP Senior Planner CEP/ v NOTIFICATION OF PUBLIC MEETING July 5, 2013 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: MASTER DEVELOPMENT PLAN #01-13 OF SHENANDOAH On behalf of the Frederick County Planning Commission, you are hereby notified of a public meeting being held on Wednesday, July 17, 2013 at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia. ° 1 Se foeoJ This meeting is to consider Master Development Pl #01-13 for Shenan bah, submitted by Bowman Consulting Group to revise Master Development P103-07. The prop located west off of Route 522, just south of Route 277, and east of Route 636, in the Opequon Magisterial District, and is identified by Property Identification Numbers 87-A-103, 87-A-103C, and 87-A-102. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Information regarding this application will also be available via the Planning Department's Web Page at www.co.frederick.va.us. Sincerely, Candice E. Perkins, AICP Senior Planner CEP/pd w z S j DEPT. OF GEOGRAPHIC INFORMATION SYSTEMS FREDERICK COUNTY, VIRGINIA GIS, MAPPING, GRAPHICS WORK REQUEST DATE RECEIVED: ON P REQUESTED COMPLETION DATE: -� [Ql l :3 REQUESTING AGENT: T Department, Agency, or Company: Mailing and/or Billing Address: Telephone: E-mail Address: ESTIMATED COST OF PROJECT: FAX: DESCRIPTION OF REQUEST: (Write additional information on back of request) _.A._ Ion P—TtV E 1 .A- i D3 g-�- A-103G DIGITAL: PAPER: FAX: E-MAIL: SIZES: COLOR: BLACK/WHITE: NUMBER OF COPIES: STAFF MEMBER: COMPLETION DATE: MATERIALS: DATE OF PICK-UP/DELIVERY: AMOUNT DUE: AMOUNT BILLED: METHOD OF PAYMENT: HOURS REQUIRED: AMOUNT PAID: CHECK NO.# Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-5651) W D 1? 7j.Q-ju,'a"I () 0 Mk' MASTER DEVELOPMENT 01-13 SHENANIX)AII Opequon 1900 Units go 0 10 I A @y e� cN'YG n� C