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HomeMy WebLinkAboutCadwallader Opequon - BackfileCOUNTY of FREDERICK Departments of Planning and Building 703/665-5650 May 2, 1988 Mr. J. Paul Cadwallader Route 2, Box 18 Stephens City, Virginia 22655 Dear Mr. Calwallader: This letter is to confirm the Frederick County Board of Supervisors' action at their meeting of April 13, 1988: Approval of Final Subdivision Plat of Cadwallader Subdivision, zoned RP, to resubdivide to create four lots instead of three lots originally platted, located on the east side of Route 647, north of Route 277 East of Stephens City, in the Opequon Magisterial District. If you have any questions regarding your subdivision, please do not hesitate to call this office. Sincerely, Robert W. Watkins Planning Director RWW/dkg 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 0 SUBDIVISION Cadwallader Subdivision Zoned RP (Residential Performance) 4 Lots LOCATION: East side of Route 647, north of Route 277 East of Stephens City MAGISTERIAL DISTRICT: Opequon ADJACENT LAND USE AND ZONING: Residential land use and RP (Residential Performance) zoning PROPOSED USE AND IMPROVEMENTS: Re -subdivide to create four lots instead of three lots as originally platted REVIEW EVALUATIONS: VA Dept. of Transportation - No objection to subdivision. Developer should contact Department to acquire permit for appropriate entrance. Sanitation Authority - The original three lots were changed to be four lots.. I have no comments. Stephens City Fire Company - Shall comply with Chapter 10 of the Frederick County Code as a minimum. Inspections - Building shall comply with Section 309, Use Group R, Residential. Planning and Zoning - No objection. Recommend that master plan requirements be waived. All lots over 17,000 square feet. STAFF RECOMMENDATIONS: Approval. PLANNING COMMISSION RECOMMENDATIONS OF 4/6/88: Unanimous approval. .i- RE.SUBO/V/S/ON PLAT C.410w1 zzAoE,P ,SL/BO/1//S/40N' OPEQUON OISrelCT, AW-Ve"R/C.(' COUNTY, Y/RG/N/A ►CATION 41 P SCA6E', /" - 20,90 �9 PP�O 1/AG S F.PEO. CO. S.4N/TAT/ON AU7'A/0,e17-Y 0.4TE 9014.P0 OF SUPE.PY/SO.PS D 4 TE PLANNING COMM/SS/ON __ —_ O<ITE SUBO/Y/SMAI .40M/N/S T.PII TO,P DATE VA. De,077 OF 7.P4NSPOPT4`71aN __ DATE OWNEAPS CE,PT/F/CATE T//E .480YE ONO FO.PEGOING SUBO/Y/S/ON OF T/!E 4.4NO OF a A964 GJOW.4CLA0E.Q AS .4PPEA.PS /N T//E IJCC941A4Ny/NG PL,47' /S W171W T.-sEEPEE CONSENT AND /N ACCO.PD!lNCE W/TN TL/E DE-JM-e-S OF Tf/E UNOE.PS/GNEO OWVe S, P.POPP/ETO.PS, .41Y.0 T.PUSTEES /F' ANY. S'U.Pt1EYDWPS CePT/F/GATE / A14-WBY CEk'T/rY, 7iY.47' T//E GANO CONTA/NEO IN TN/S SUED/V/S/ON /S 444 7AIe- 1- 4NO CON!/EYEO TO L/. PAUG CAOH/AL614OE.P B/ OEEO GATED eIZINE /s! 19 72 AND .pECO.POEO /N 7-1-/E F,pEDE.PICA' COUN7'Y C40&Rr C6ER.(-'S OFF/GE /N OEEO d04.f( "j?2 AT PAGE 7j, 0���,ALTff Op`r IN. B.PUCE EDENS .pC S• N. BR4k EDfHS ALE: DATE = i6'B PUA�y /O, . 988 � � CEI+fII n ;J i No > 54.17.3 (3)965 GREENWAY ENGINEERING AND SURVEYING CO., INC. fT 5417.3 (b)162 1104-BAKER LANE �f0 LArD I WINCHESTER, VIRGINIA 22WI TELEPHONE. 60.4196 _ SHUT / o' 2 LOT 6 1i F.PEO.P/Ck 710 / E/Y I LOT 7 "d� c ae�"Y'itif ,� SECT/OiY ONE V S' `y.A t d CAI T e� � rr 1 „ a 1. `I z 4 vi G / 7, S/ 99 ------- �252.00' G OT O 22, 29V oO Lj 6 O T /39 FPEDE,P/C,kl7WWNe- Sd"C7'/ON ONE PESUBD/l//S/ON OLAT Cj4DW,4LZ.4DE,P J&801 V/S/ON O,aEOvON O/STe/CT, FPEOCRICh' COUNTY, VIRGIN/A ALE: / "= 60' 1 DATE _ 989 GREENWAY ENGINEERING AND SURVEYING CO., INC. 1104 BAKER LANE WINCHESTER, VIRGINIA 22801 TELEPHONE 6624195 O K7. Ir M. 6RUCE EDEMS CERTIFICATE No. i 54.17.3 (8)965 G' 54•17.3 (D)162 cs y� i of 2 Imo► . _.: 1.._-: - _... COUNTY of FREDERICK �r Jl f MAR 1988 cpDepartments of Planning and Building j j"' ,............ ,r,.� U0 703/665-5650 X"' AND BUILDING VA. Dept. of Transportation �``: Mr. William H. Bushman Sanitation Authority , ATTN: Mr. Wellington H. Jones Stephens City Fire Company , ATTN: Mr. Frank Weller Inspections Department , ATTN: Mr. Kenneth Coffelt Planning and Zoning Department , ATTN: Mr. Stephen M. Gyurisin ATTN: FROM: Robert W. Watkins, Director DATE: February 25, 1988 SUBJECT: Review Comments On: Conditional Use Permit Site Plan X Subdivision Master Development Plan Rezoning We are reviewing the enclosed request by Cadwallader Subdivision , or their representative, Bruce Edens 662-4186 Will you please review the attached and return your comments to me as soon as possible. /\ THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: All/� �.� No objection to subdivision. Developer should Der ent`s cq 're s permit for appropriate entrance. cU�'�'�`'O �99 Signature Date P9 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 F C IS- A COUNTY of FREDERICK r 1938 -�r1•t. — TO: VA. Dept. of Transportation FEBi98 AND -.•,purr; BUILDING Departments of Planning and Building P 703/665-5650 Mr. William H. Bushman Sanitation Authority , ATTN: Mr. Wellington H. Jones Stephens City Fire Company , ATTN: Mr. Frank Weller Inspections Department , ATTN: Mr. Kenneth Coffelt Planning and Zoning Department , ATTN: Mr. Stephen M. Gyurisin ATTN: FROM: Robert W. Watkins, Director DATE: February 25, 1988 SUBJECT: Review Comments On: Conditional Use Permit Site Plan % Subdivision Master Development Plan Rezoning We are reviewing the enclosed request by Cadwallader Subdivision , or their representative, Bruce Edens 662-4186 Will you please review the attached and return your comments to me as soon as possible. ----------------------------------------------------------------------------- THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: 7;///6' ©f/L"/• 31-oTs WFgE e%O- -Eo z'o Wcr �LoTs, Signature Date //cWa21 odd 9 Court Square - P.O. Box 601 Winchester, Virginia - 22601 COUNTY of FREDERICK 'StiQ`'M `'UvI Departments of Planning and Building ti FFB 9 703/665-5650 IV MgM �8U c\j -'PT i% (-n T0: ANp OF Ba/to M � VA. Dept. of Transportation li9j„_ ATTIq,�� William H. Bushman Sanitation Authority ,ITN: Mr. Wellington H. Jones Stephens City Fire Company , ATTN: Mr. Frank Weller Inspections Department , ATTN: Mr. Kenneth Coffelt Planning and Zoning Department , ATTN: Mr. Stephen M. Gyurisin , ATTN: FROM: Robert W. Watkins, Director DATE: February 25, 1988 SUBJECT: Review Comments On: Conditional Use Permit Site Plan X Subdivision Master Development Plan Rezoning We are reviewing the enclosed request by Cadwallader Subdivision , or their representative, Bruce Edens 662-4186 Will you please review the attached and return your comments to me as soon as possible. THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: Shall comply with Chapter 10 of the Frederick County Code as a minimum. Signature Frank Weller, Fire Chief Date 2/26/88 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 COUNTY of FREDERICK all it$3 M E M O R A N D U M Departments of Planning and Building 703/665-5650 VA. Dept. of Transportation , ATTN: Mr. William H. Bushman Sanitation Authority , ATTN: Mr. Wellington H. Jones Stephens City Fire Company , ATTN: Mr. Frank Weller Inspections Department , ATTN: Mr. Kenneth Coffelt Planning and Zoning Department , ATTN: Mr. Stephen M. Gyurisin , ATTN: FROM: Robert W. Watkins, Director DATE: February 25, 1988 SUBJECT: Review Comments On: Conditional Use Permit Site Plan % Subdivision Master Development Plan Rezoning We are reviewing the enclosed request by Cadwallader Subdivision , or their representative, Bruce Edens 662-4186 Will you please review the attached and return your comments to me as soon as possible. THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: Building shall comply with Section 309, Use Group R, Residential of the 1984 BOCA Basic National Building Code. Signature rizl'IDate, A 3�s, 9 Court Square - P.O. Box 601 - Winchester, Virginia 22601 ,PE- BD/VISION PLAT CAOWWZ L A04E'R SU46O/ 1//S/U/V OPEQUON DI.57-A2/CT, F,PEDE,P/C� COUNTY V/,PG/N/A ��UTE '277 Q E � A S'/ TE R00 i►� L 0C.4T/O1V MQR FPED. C O. S44/1 %A i ON AUTN /TY -- B04,P0 OF SUPt�'v/SOPS _ -� 1�_ d, PL 4NN/NG CO/NMiSS/ON -- SUBD/V1S/Dit/ WMIN/ST.P,4 V4 . D Eo T OF 7-,P41V5OO.P TA T/ O 4 T6- L OW/1/E,PS CE,PT/F/CATE T�/L ABOVE AND FOPEGO�it/G SUBD/V/S/ON OF , ;> E c 41VD OF L/ CAUL CADW4LCADE,P 4S ROOt l PS /N i ,�/E 4CC gm 16WNYIN6, GL 4 7' 1,5 W/ TN ONS 4/UD /N 4CCO.P1-)4/VCE W/71-1 OF 7;/E UNDEPS/GNEO OIA/NEPS, PPDoS N T.P�/S TE ES �. .4NY. SIlleAF YD,PS CE,PT/F/GATE / NEEP :&Y C" rl c-Y, 7-,W4 T T//E L 4AI,9 CON TA/NEO /N T///S SUBD/1//S/0N /S 4LL T,-/E- ,-41V0 CON(/EYED TO L/ a4zJL CAO/NALLADEP B/ DE E,O DAT ED c/UNE /V / 9 72 ,91VO Ar"ECO,PD EO /A/ T/'1'�;- FPEDE,P/G,� COUNTY COUPT CLEF AS OF.r/GE 11V OE-FU d00,(l j92 f-/. B.PUCE EDENS SCALE Q E EDrNSDATE EB ('C,A�y /,2 ,9B83 1a196tI GREENWAY ENGINEFRING AND SURVEYING CO., INC.3 (b)162 1104 BAKER LANEVw7 WINCHESTER. VIRGINIA 22601 ND TELEPHONE 662-4186 SHEET / Of R L oT s F.PE-O E-PiC,c�TO W/V ► L A LOT b LOT 7 1 S EC T/O/U I � nip 1 I LPG ENT o 7 17 IN /7 I � I �•1 � 2 -'18. 7,S I)< h �; SOT C IQ i 75�93 I� ► �I 4� V 22 29q a I I v I N N y3° f�a '25""W 2SS69" C I,: L J L O T /39 0� F.PED ESP/C,�l TD /NNE .SEC T/ON Oii/E �'ESUBU/v/S/O/tr' SLAT CADW.4Z1 ,4DCR SC/BD/VISWN O�EQUON OIS T.P/C T, F.P� DE P/C/l COUNTY , V1,e6-1A11,4 SCALE: / " = 6 0, 1 DATE = FEB.Pzlgey /o, / 988 GREENWAY ENGINEERING AND SURVEYING CO., INC. 1104 BAKER LANE WINCHESTER, VIRGINIA 22601 0 TELEPHONE 662-4186 I I I I I I I i I I Z I I I \� I �1 I o���t►LTN RFD �r H. BRUCE EVENS -4 CERTIFICATE No. Y 54 17.3 (a)965 << 54.17.3 (b)162 ? ) 1) VA Nil "--le SHEET 2 of 2 ,PE D/I//S/ON PL47- 49 c 0w'4z z 06e SU16O/ 1//S/ON OPEQUON D/.5T,<'/CT, F,PEDE,P/C,C" COUNTY !//,PG/N/A ��UTE F77 o-j� o �E �( p Roj � 6 0C4 T/ON AMR SCAB E /'= 2000 FPEO. CO. S4/LiTAT/ON Ty PG ,4NAI/iit/ G C z9M M /SS/ON _ _ ''%%% L� _ D 4 7 ,!F- SUBO/ V/S/O/V 40M/N/S TP4 T MAW VA. DZ'WT OF 7-,P,41V5PO,PT4 oef- JATE OINNE�PS CE,PT/F/GATE" T//e AE90i/E AND FO.PEGO/NG .SUBD/✓/S/ON OF z /-IND OF,J ,o9UL CAD1'V.4LLADE,P 4S flvPt 9PS /N TL/E IJCCO19,CWNy/NG vL,97- S W/T</ T/iE CONSENT /�,UO //V ,4CCO,P1-)4/1/CE W/TN ,—tiE v�.S/PES Of THE �iNDE,PS/GivEO ON/NEPS, .�,PO PiE; ,PS 4N0 7.PLI,5 7-,tc�S F .ANY. rzl'-e-L SU�P{/EYD�PS CE,PT/F/GATE / NEPEB Y C E,P T/A-Y, TNA T THE 4 ND CON TA//1/EO /N T/-//S SUED/!�/S/ON /S AC L T,-/EE G 4N0 CON//EYED TO t/ P4ZII- C401r1/ALLADE.P d� DECO OATED c/UNE /Vf / 9 72 AND ,PECO,PD EO /A/ T,/-/E- F,PEDE,P/GK COUN T y OFF/GE iiv DEED �JO.C� j 92 .9T P/�c'sE 7S. �ALTN p O� Gf f�. B,PUCE EOENS BRACE EN 7 SCALE: DATE: /O, i iB8 . 54 17.3 �a)965 GREENWAY ENGINFFRING AND SURVEYING CO., INC. 54 17 3 (b)162 1104 BAKER LANE NFU LAND WINCHESTER, VIRGINIA 22601 TELEPHONE 662-4186 SHEET / of 2 Q I� 1 LOT .s' SOT b F;PEO �PiC,C�TOW/.V I SEC T/O/I/ I L ARGCAIT \ z\ �� LOT ,4 ICI iB '/2 ' E 5�- ' I ` h �� 0 s o z '�1a. 7,5- ' 'o SOT C IQ 7 5� 93 co � I G 07 D I �, � 21 29q �O a I I v QO°��� ZDT /39 0 of �� I F�PE"DE.P/C,4'7-0WlVE SECTlorV oivE ,eESU,BD/V/S/O1/ OZ,47- CAD Wj4L L ..I DCR SUED/VISION O�EQUON U/.S T.P/C T, DE".P/C/l COUNTY , V/,PG/A!/A SCALE: / '' _ 6 -9 DATE: /o / 988 GREENWAY ENGINEERING AND SURVEYING CO., INC. 1104 BAKER LANE WINCHESTER. VIRGINIA 22601 1 0- TELEPHONE 662-4186 p���,P►LTH 0 S1 N. RU ENS CERTIFICATE No. Y 54 17-3 (a)965 54.17.3 (b)162 :� ) �f.1) V A -111 SHEET 2 of L u NO f y PRELIMIN2XRY DRAFT For Discussion Purposes Only THIS DEED OF VACATION AND RESUBDIVISION, made and dated this day of May, 1988, by and between J. PAUL CADWALLADER, widower, party of the first part. WHEREAS, the land hereinafter described is a portion of the same land conveyed to the party of the first part herein by deed dated June 14, 1972, of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed. Book 292 at Page 75; and, WHEREAS, by Deed of Subdivision and Declaration of Plat, dated May 19, 1983, of record in the aforesaid Clerk's Office in Deed Book•560 at Page 147, the party of the first part subdivided a certain tract of land and imposed certain restrictive covenants `thereon; and, WHEREAS, it is the desire of the party,,Pf the first part to vacate said Subdivision and to remove the restrictive covenants heretofore placed against the subject property and to substitute in their place and stead the plat and .restrictive covenants hereinafter recited. NOW, THEREFORE, THIS DEED OF VACATION AND RESUBDI- VISION WITNESSETH: That for and in consideration of the mutual benefits to be derived therefrom, and other good and valuable consideration, the receipt of which is hereby acknowl- edged, the party of the first part does hereby vacate the aforesaid Subdivision of record as aforesaid and does hereby resubdivide the aforesaid subject land into parcels known as Lots A, B and C, Cadwallader Subdivision, as shown on the plat and survey drawn by H. Bruce Edens, C.L.S., dated February 10, 1988, attached hereto and by this reference made a part hereof as if set out in full; and which said vacation, platting and resubdivision is with the free consent and in accordance with the desire of the undersigned owner, there being no proprietor or trustee having an interest in said property. The aforesaid Lots A, B and C of said Cadwallader Subdivision, shall be subject to the following restrictions which are constituted covenants real to run with said Lots: 1. LAND USE: No lot shall be used except for single family residential purposes. No beauty shoppe or similar home occupation or any hame occupation of any type shall be allowed on any of said lots. 2. BUILDING TYPES: No mobile homes are permitted on any of said lots. No recreational type camper trailer or recreational vehicle shall be parked on any of said lots until such time as a home is built on such lot and thereafter, such recreational camper trailer or recreational vehicle must be stored so as not to be seen from any road at any angle of sight. 3. (A) TMAL FINISHED SPACE: No dwelling is to be erected or maintained on any of said lots to contain less than the following total finished living space (outside foundation dimensions), exclusive of open porches carports, garages, and basements, of the following types of dwellings: (a) Rambler, ranches, one story or the above ground levels in a multi -level hone - 1400 finished Sq. Ft.; (b) Split foyer and One and one-half stories - having a first floor of 1200 finished Sq. Ft. and a total of 1800 finished Sq. Ft.; (c) Two stories - 900 finished Sq. Ft. each floor. All structures must have a minimun roof pitch of 5/12. 4. TEMPORARY STRiJCTURES : No structures of a temporary nature, including but not limited to, trailers, mobile hones, campers, basement, tents, shacks, garages, barns, or other outbuildings, shall be used on any lot at any time as a residence, either temporary or permanent. 2 fi a r 5. FENCES: No fences shall be located in the front or on the sides of the house. Fencing in the rear of the house may not exceed 60 inches in height and the material and design shall be a wooden board or rail - and in no event shall chain link fences be used. All fences constructed shall be kept and maintained in good repair, including painting and staining, if the same is required. 6. C OTHES LINES AND SATELLITE DISHES: Clothes lines or drying areas shall be so located as not to be visible from the street serving the premises. No satellite dish or like device for the reception of television signals, microwave signals, etc. shall be allowed on the premises, provided, however, that one television antenna may be allowed so long as the same is attached to the house. 7. GARBAGE AND REFUSE DISPOSAL: No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage, or other waste, shall not be kept except in sanitary containers with tops, said containers to have a capacity of not more than fifty gallons. 8. ANIMALS: No animal, livestock, or poultry of any kind shall be raised, bred, or kept on any lot, except that usual household pets are allowed, provided they are not kept or maintained for commercial or charit- able purposes and/or in unusual numbers. All dogs and cats shall be restricted to the lot(s) of their owner and shall not be allowed to roam off the owner's lot. 9. OFF-STREET PARKING: After a residence is built on any of said lots, the lot owner shall provide in con- nection therewith off-street parking space of at least 12' by 401. 10. TRUCKS: No lot shall be used for the parking of trucks of a load capacity of more than 3/4 ton, or tractor/trailers, and no such trucks or tractor/ trailers shall be parked on any street in this Subdivision. No lot shall be used for manufacturing purposes or for the sale, parking, or storage of new or secondhand automobiles or other motion vehicles. No abandoned motor vehicles will be permitted on any lots or parking area. (For this purpose, an abandoned motor vehicle is defined as one which bears no or expired license plates and has not been operated within six months on a public street or highway). 11. NUISANCES: No noxious or offensive activity shall be carried on any lot, nor shall anything be done thereon which may be or may became an annoyance or nuisance to the neighborhood. Each lot shall be kept mown and free fran weeds and debris at all 3 times, and shall be kept cleared in accordance with State laws and local ordinances. 12. DRAINAGE: No owner of any lot shown on the attached plat shall interfere with the natural drainage of surface water from such lot to the detriment of any other property shown on the said plat. 13. WATER AND SEWER: Each dwelling shall be attached to the public water and sewer systems. 14 WAIVER: The Grantor herein reserves the right to waive any or all of the above restrictive covenants and shall reserve the right to waive any violation of any setback line, side, and/or rear yard setback line which may affect the lot. This right of waiver shall not affect the binding effect of the covenants and conditions upon any lot. 15. ENFORCaMU: The Grantor herein, and any and every person hereafter having any right, title, or interest in any lot shall have the right to prevent or stop violation or attempted violation of any of these restrictions, by injunction or other lawful procedure, and to recover any damages resulting from such violation. Grantor's right of enforcement shall survive the closing and delivery of the deed for the benefit of Grantor's interest in other adjacent land. 16. SEVERABILITY: Invalidation of any one of these covenants by judgment or court order or in any other manner, shall in no way affect any of the other provisions, which shall remain in full force and effect. It is hereby declared by the party of the first part that Lot D, Cadwallader Subdivision, shall not be subject to the aforesaid restrictive covenants, provided, however, that the restrictive covenants shall benefit the said Lot D. The resubdivision of the lots hereunder is subject to a certain Deed of Easement by and between Fredericktowne and J. Paul Cadwallader, et al, dated November 13, 1978, of record in the aforesaid Clerk's Office in Deed Book at Page 4 The County of Frederick, Virginia, by its duly authorized agents, hereby approves the vacation and resubdivision of said land, as indicated on the attached plat. WITNESS the following signatures and seals: (SEAL) J. PAUL CADAWALLADER STATE OF VIRGINIA, OF , TO -WIT: I, , a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that J. PAUL CADAWALLADER, whose name is signed to the foregoing Deed of Vacation and Resubdivision, dated May , 1988, has personally appeared before me and acknowledged the, same in my State and jurisdiction aforesaid. Given under my hand this day of May, 1988. My Commission expires NOTARY PUBLIC I � � life �ol��.� S&9- 36 5`f 0C v / /. o o s ct,b - le'- e— or) :5-2-88 11-107 4 6k 42m v VOOT, 5A. Cadwallader Subdivision Opequon