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HomeMy WebLinkAbout15-03 Channing Drive, Phase 9 149 Lots, 98.05 Acres Stonewall - BackfileChanning Drive, Phase 9 Subject: Channing Drive, Phase 9 Date: Tue, 04 May 2004 04:28:53 -0400 From: "Marcus D. Lemasters" <mlemaste@co.frederick.va.us> Organization: Frederick County, VA, Dept of GIS To: Patrick Davenport <pdavenpo@co.frederick.va.us> All of the following road names listed on April 28th, 2004 Channing Drive, Phase 9 MDP application plans have been approved and reserved in the Official Street Names List for use in the system: Morning Glory Drive - (Extension) Canyon Road - (Extension) Thompson Court Bentpath Court Heath Court Aulee Court Norfolk Court Because Canyon Road is a major thoroughfare, it would have been optimum if Heath Court had been split into two separate road names. But we can work the numbering in, with the road layout as presented. The conflicting road names of Short I cannot foresee any other problems names as presented. Marcus D. Lemasters, Director Frederick County Dept. of GIS Court and Rossum Lane were removed. at this time and approved the road I of 1 5/4/2004 8:22 AM 60K SUBDIVISION DESIGN PLAN CHECKLIST The subdivision design plan shall be drawn at,a scale that is acceptable to the Subdivision Administrator. The subdivision design plan shall include a sheet depicting the full subdivision submitted. The subdivision design plan shall include the following imation: n� title "Subdivision Design Plan for " with a notation of all previous names of the subdivision'' original property identification number. page number and total pages on each page. name of the owner and/or subdivider vicinity map [scale of one to two thousand 1:2000 ] showing all roads, properties and subs !Y_izt s wite thousand (1000) feet of the subdi ivsion. written and graphic scale. V day, month and year plan prepared and revised. North arrow. name of the Magisterial District where located. zoning of all land to be subdivided. boundary survey of all lots, parcels and rights -of -way showing bearings to the nearest minute and distances to the nearest one-hundreth (1/100) of a foot. f topography shown at a contour interval acceptable to the Subdivision Administrator but in no case greater than five (5) feet. names of owners, zoning and use of all adjoining properties and deed book and page number references for `/ each adjoining parcel. CW proposed use of each lot, with the number of lots in each Pr✓, use category. V area of each lot and parcel, the total area of the subdivision and the total area in lots. 10 location and area of each parcel of common open space and the total area of common open space. location, names, right-of-way widths and classifications of existing and planned roads, streets and shared private driveways adjacent to and on the property. existing or proposed utilities, sewer a d w ter lines, manholes, fire hydrants and easements. OC'X��irty Ir fJ existing and proposed drainage ways, drainage facilities, culverts and drainage easements with dimensions and 'V design details. stormwater management plan with calculations describing how stormwater management requirements are being met, including the location and design details of proposed Jfacilities. proposed grading plan including spot elevations and flow Jarrows. cross sections, profiles and design details of all proposed streets, roads, culverts, storm sewers, sanitary sewers and water mains. locations, dimensions and cross sections of existing and Jpropose idewalks and walkways. location of environmental features including floodplain, steep slopes, wetlands, sinkholes, woodlands and natural stormwater detention areas. names of all streams and bodies of water, including all one -hundred -year flood limits'as mapped by FEMA. location of all land to be dedicated or reserved for public use. location of required setback lines on each lot. location of proposed recreational areas and facilities. location of proposed buffers and screening with design details, locations and types of plants and screening. proposed landscaping with location and types of plants. certification by an engineer, surveyor or other qualified professional of the accuracy of the plat. signature of the owner or principals certifying ownership g P P Y g P of the property. statement listing all requirements and conditions placed on the land included in the subdivision resulting from approval of conditional zoning or a conditional use permit. signature line for the Subdivision Administrator. 12 Qp d 1gA1JA11A)&- Mi OG- 7l o COUNTY of FREDERICK November 14, 2003 Mr. Stephen S. Collins, Jr., P.E. Eastern States Engineering, Inc. P.O. Box 651208 Sterling Virginia 20165-1208 RE: Subdivision Plan Comments - Fu-Shep Frederick County, Virginia Dear Mr. Collins: Department of Public Works 540/ 665-5643 FAX: 540/ 678-0682 Our preliminary review of the proposed subdivision plan indicated that it does not conform to the approved master development plan and the county's subdivision ordinance. However, in an attempt to provide future design guidance, we have performed a preliminary review of the plan dated January 10, 2003. It will be necessary to perform a separate review after the master development issues have been resolved. Based on our preliminary review of the subject subdivision plan, we offer the following comments: 1) You have proposed the use of DI -Ts within the yards to drain surface run-off. Provide the appropriate details for these structures. Also, provide a detail which indicates the use of a Type III grate. A Type I grate provides an opening between the steel bars large enough to allow someone's foot to slip into the structure which, in turn, could cause an injury. 2) Provide a recommended operation and maintenance schedule for the proposed stormwater ponds. Because the subject ponds will be maintained by a future Homeowners' Association, it will be necessary to clearly outline the operation and maintenance requirements for their usage. 3) You have proposed a ten (10) foot wide drainage easement for the stormsewer system. An easement ten (10) foot in width will make it impossible for equipment 107 North Kent Street • Winchester, Virginia 22601-5000 Subdivision Plan Comments - Fu-Shep Page 2 November 14, 2003 and personnel to access the system to perform future maintenance and/or replacement. Therefore, it will be necessary to provide a minimum 20 foot easement width for the entire stormsewer system. 4) In order to avoid the potential for drainage problems, it will be necessary to ensure that all overlot grading has a minimum slope of two (2) percent or greater. Typically, the Martinsburg Shale geology and its associated soils have poor drainage characteristics as well as the potential for developing perched water tables. 5) The plan indicates that concentrated stormwater run-off from stormwater ponds and drainage structures will flow through several natural drainage channels as well as dedicated wetlands. In accordance with Erosion and Sediment Control Regulation Minimum Standard 19, it will be necessary to verify that these natural channels are adequate to accommodate the stormwater flows listed above. To ensure that no erosion occurs within these channels, it may be necessary to install a paved channel or line them with rip rap (i.e., between lots 135 and 136, and lots 118 and 119). Disturbance of the wetlands may be required to install the proposed drainage structures. Consequently, mitigation of the impacted wetlands may be required. 6) If sump pumps are proposed for subsurface drainage around basements, we recommend utilization of a separate drainage network that drains into the proposed storm sewer system to alleviate the potential for stormwater drainage complaints. 7) It will be necessary to provide copies of all engineered compaction reports to the public works department for all of the roads as well as structural fills under buildings. Place a note to this effect on the plan. 8) On page 2 of 52, note 34 of General Notes indicates that a private hauler will collect refuse on a bi-weekly basis. Indicate who will be responsible for coordination and implementation of this requirement. Provide documentation as to how this will be implemented without the involvement of Frederick County. 9) Provide copies of all applicable off -site easements that will be required to construct the sanitary sewer system, waterline, stormwater structures, etc. It will be necessary to submit these easements prior to issuance of a land disturbance permit. 10) On page 7 of 52, you propose the installation of a pump station to be built by . others. Indicate who will be responsible for installation of this pump station as Subdivision Plan Comments - Fu-Shep Page 3 November 14, 2003 well as when it will occur. It appears that a majority of the proposed building lots will be served by this pump station. Contact the Frederick County Sanitation Authority to discuss the availability of sewer service. As a matter of record, Frederick County will not issue a land disturbance permit until copies of approvals from the Virginia Department of Transportation (VDOT) and the Frederick County Sanitation Authority are provided. In addition, approval of the subdivision plan will be contingent upon sewer availability. 11) It will be necessary to evaluate the impact of a 100-year storm event for all drainage structures to ensure that no adjacent properties will be impacted by the backwater conditions from these storms. Plot the 100-year storm flows and back water conditions on the plans. 12) The approved master development plan indicates that a cul-de-sac was provided at the south end of Rossum Lane. The 75 foot construction access road cannot be utilized for ingress and egress by the homeowners once the homes have been constructed. A cul-de-sac will be required for any future maintenance performed by VDOT. It will be necessary to ensure that these plans reflect the road network as delineated in the approved master development plan. 13) Because of the steep slopes and proposed fills, it will be necessary to provide a copy of the geotechnical engineering report for our review (i.e., lots 141 and 142). 14) Provide retaining wall designs for our review. 15) All silt fence installed for this phase of construction shall include wire reinforcement. The only permitted use of regular silt fence will be for individual lots during the construction of single family dwellings. The use of a diversion berm where applicable is acceptable in lieu of reinforced silt fence. 16) Indicate within the detail for the culvert inlet protection that a rock check dam will be necessary as specified in VESCH Standard 3.08. 17) Provide copies of all applicable wetlands and stream crossing permits, etc. As a matter of record, the Department of Environmental Quality (D.E.Q.) requires that a construction stormwater permit be obtained for any land disturbing activity that is one (1) acre in size or larger. We recommend that you contact the D.E.Q. Valley Regional Office to obtain this permit. This permit is separate from the one which is issued by Frederick County, but will be required prior to our issuing a land disturbance permit. Subdivision Plan Comments - Fu-Shep Page 4 November 14, 2003 18) Provide all weir wall designs for our review prior to plan approval. 19) It will be necessary to ensure that the owner is aware of all of the erosion and sediment control policies as outlined in the Frederick County Land Disturbance permit application as they apply to residential subdivision construction. Once these comments have been addressed, submit two (2) copies of the plan for further review. Sincerely, i1 Harvey E. Strawsnyder, Jr., P.E. Director of Public Works HES/rls Enclosures: as stated cc: Eric Lawrence, Director of Planning and Development V"- John R. Riley, Jr. County Administrator John Whitacre, Frederick County Sanitation Authority file AAFU-SHEPSUBD.wpd COPY COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 October 23, 2003 Mr. Stephen S. Collins Eastern States Engineering P.O. Box 651203 Sterling, Virginia 20166-1208 RE: Channing Drive Phase 9; Subdivision Design Plan Preliminary Review (SUBD # 15-03) Dear Mr. Collins: I have had the opportunity to review the Channing Drive Phase 9, Subdivision Design Plan # 15-03, dated January 10, 2003 received by our office on September 26, 2003. Our initial review of the plan revealed major design issues that preclude further review at this time. Once the following issues are resolved, staff will continue reviewing the project. 1. The Subdivision Design Plan, as submitted, is not in accordance with the approved Master Development Plan for Channing Drive (MDP #08-00) . The road design as shown on the Subdivision Design Plan differs from the approved Master Development Plan. The illustrated road alignment on MDP #08-00 illustrates that Morning Glory Drive will be continued from the Apple Ridge development onto the subject site; the submitted subdivision design plan does not accommodate this master development plan approved road improvement. 2. The road design illustrates for a new road ("Heath Court") that is not included on the approved Master Development Plan. 3. The Subdivision Design Plan, as submitted, is not in accordance with the approved Master Development Plan for Channing Drive #08-00. The approved master development plan enables a development with single family detached urban lots with a minimum lot size of 12,000 square feet. The submitted subdivision design plan contains lot sizes ranging from 7,000 to 14,000 square feet. Proposing any lots less then 12,000 square feet is not in conformance with the approved MDP and, therefore, not allowed. These significant variations from the approved Master Development Plan prevent staff from commenting any further on the Channing Drive Phase 9; Subdivision Design Plan, as submitted. Please submit a revised plan reflecting the improvements identified by the approved Channing Drive Master Development Plan #08-00. 107 North Kent Street • Winchester, Virginia 22601-5000 Mr. Stephen S. Collins Re: Channing Drive Phase 9 October 23, 2003 Page 2 Please contact me regarding any questions that you may have at (540) 665-5651. Sincerely, L" ark . ChIh lanner I L--' j.c,:-flatrick Davenport, Zoning Administrator MRC/bad U. I Markl Channing. wpd EASTERN STATES ENGINEERING LRIVVUI G3 O� 4 P.O. Box 651208 Sterling, VA 20165-1208 (703) 433-6254*FAX (703) 433-6204 iml I I► a r T m L To Frederick County - Planning De t. Date October 13, 2003 Address 107 North Kent Street Winchester, VA 22601 Project Fu-Shep Project # Attention j Mr. Patrick Davenport Phone # 540-665-5651 WE ARE SENDING YOU: ® Attached ❑ Under separate cover VIA: ❑ US Mail ® Courier/Delivery ❑ Overnight Carrier ❑ Interoffice Mail ❑ Pick-up THE FOLLOWING ITEMS: ❑ Shop drawings ❑ Prints ® Plans ❑ Disk ❑ Specifications ❑ Samples ❑ Copy of letter ❑ Change order ❑ Other COPIES DATE NO DESCRIPTION 1 October 13, 2003 8 Revised plan sheets for alternative entrance design 1 Comment letters from other agencies THESE ARE TRANSMITTED: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution ® As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ❑ ❑ FORBIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS SIGNED STEPHEN S. COLLINS JR., P.E. EASTERN STATES ENGINEERING, INC. If enclosures are not as noted, kindly notes us at once. N N Frederick County, Virginia Subdivision Application Date: APPLICATION AND CHECKLIST SUBDIVISION FREDERICK COUNTY, VIRGINIA # /5-- 03 Yes If no, has MDV requirement been waived by the Planning Director? Yes No If MDP requirement has not be n wa ivied, fill in the following public hearing datesIJ3-Zvo ' Planning Commission: Board of Supervisors: Applicant/Agent: Toll VA IV, L.P., c/o Mr. Webb Koschene Address: 21630 Ridgetop Circle, Suite 130 Dulles, VA 20166 Phone Number: (703) 433-6200 Owner's Name: Fu-Shep Farm Partnership Address: 405 Briarmont Drive Winchester, VA 22601 Please list names of all owners, principals, and/or majority stockholders: Dr. and Mrs. Allen A. Futral Jr. Dr. and Mrs. George L. Sheppard Jr. Contact Person: Stephen S. Collins, Jr. P.E. Phone Number: (703) 433-6244 NAME OF SUBDIVISION: Channing Drive, Phase 9 Number of Lots: 149 Total Acreage: 98.05 Property Location: At the northern limits of Morning Glory Drive (route 1400), approximately 2300 ft. north of the intersection of Morning Glory Drive and Sensory Drive (route 657) (Give State Route # and name, distance and direction from intersection) Magisterial District: Stonewall Magisterial District w M Frederick County, Virginia Subdivision Application Property Identification Number (P.I.N.): TM-55-((A))-211, TM-55-((A))-209 TM-55-((A))-213, TM-65-((A))-40 (Parent Tract) Property zoning and present use: RP — Vacant Adjoining property zoning and use: RA to the east, RP to the North, South and West Has a Master Development Plan been submitted for this project? X Yes No If yes, has the final MDP been approved by the Board of Supervisors? X Yes No What was the Master Development Plan title? Charming Drive Does the plat contain any changes from the approved MDP? ? Yes x No If yes, specify what changes: Minimum Lot Size (smallest lot): 7,700 Square Feet Number and types of housing units in this development: 149 Unites (Small lot) I have read the material included in this package and understand what is required by the Frederick County Planning Department. I also understand that all required material will be complete prior to the submission ofmy site plan. Signature: Date: ���`'�� �J M M Frederick County, Virginia Subdivision Application Request for Subdivision Plan Comments Frederick County Department of Planning and Development Mail to: Hand deliver to: Frederick County 4th Floor Department of Planning and Development 107 N. Kent Street 107 N. Kent Street Winchester, VA Winchester, VA 22601 (540) 665-5651 .' IVE SEP 2 6 2003 �DEVELICPMENT Please fill out the information as accurately as possible in order to assist the agency with their review. Please attach two (2) copies of the Subdivision Plan with the sheet. Applicant's Name: Toll VA IV, LP Address: 21630 Ridgetop Circle, Suite 130 Dulles, VA 20166 Phone Number: (703) 433-6200 Name of development and/or description of the request: Channing Drive, Phase 9 Location of property: At the northern limits of Morning Glory Drive (route 1400), approximately 2300 ft. north of the intersection of Morning Glory Drive and Sensory Drive (route 657) Department of Planning and Development's Comments: *** Please return this form to applicant *** Department of Planning and Development use only Date received Review Number: 1 2 3 4 5 (please circle one) Date reviewed Date approved Revision required Signature and Date e s ® EASTERN STATES ENGINEERING P.O. Box 651208 Sterling, VA 20165-1208 (703) 433-6254+FAX (703) 433-6204 L nUUM (DIP To Frederick County -Planning Dept. Date September 24, 2003 Address 107 North Kent Street Winchester, VA 22601 Project Fu-Shep Project # Attention Mr. Patrick Davenport Phone # 540-665-5651 WE ARE SENDING YOU: ® Attached ❑ Under separate cover VIA: ❑ US Mail ® Courier/Delivery ❑ Overnight Carrier ❑ Interoffice Mail ❑ Pick-up THE FOLLOWING ITEMS: ❑ Shop drawings ❑ Prints ® Plans ❑ Disk ❑ Specifications ❑ Samples ❑ Copy of letter ❑ Change order ❑ Other COPIES DATE NO. DESCRIPTION 2 01/10/03 52 Subdivision Design Plan for Channing Drive Phase 9 1 9/24/03 Application 1 9/23/03 Fee check for $16,400 - 08274949 THESE ARE TRANSMITTED: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution ® As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ❑ ❑ FORBIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS Attached is the first submission and request for comments on the above referenced plan. Thank you. SIGNED STEPHEN S. COLLINS JR., P.E. EASTERN STATES ENGINEERING, INC. If enclosures are not as noted, kindly notes us at once. January 14, 2003 Eastern States Engineering P.O. Box 651208 Sterling, Virginia 20165-1208 o NOR COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/665-6395 FAXED TO: 703-433-6204 RE: Channing Drive Phase 9 (Fu-Shep Tract) - Subdivision Design Plan Submittal Dear Mr. Collins: On January 10, 2002, you submitted a subdivision design plan (SDP) for a tract of land on the Channing Drive Master Development Plan (MDP). Specifically, the SDP is for the development of Phase 9 of Channing Drive and is also known as the Fu-Shep tract. The submitted SDP is not in conformance with the approved MDP (408-00) approved on December 5, 2001. Staff will be unable to review the submitted plan as it is inconsistent with the MDP. Please arrange to have your plan submittal and check retrieved at your earliest convenience. Sincerely, Patrick T. Davenport Zoning and Subdivision Administrator PTD/bah cc: Mr. Ty Lawson, P.O. Box 2740, Winchester, Virginia 22604 John R. Riley, Frederick County Administrator Lawrence R, Ambrogi, County Commonwealth's Attorney bc: Gina Forrester, Red Bud District Supervisor Check # 08229393 in the amount of 16, 400 and materia re etrieved. ,/ Signature Reviews\Channig 1priye Ph 9 SDP retum.wpd by Tol Bros., Inc. and associated plans Date������`� 107 North Kent Street • Winchester, Virginia 22601-5000 Request for Street Narne'Corr menu '�'ubdivisicn CcMments Frederick County Department of Planning ,& Development Attn: Marcus Lemasters, Mapping & Graphics Manager 1 p7 ,North. Kent Street - Winchester, Virginia 22601 (540) 665-5651 ' The Mapping & Graphics Manager will review the proposed street names for this project to ensure their acceptability into the Frederick County Street Name System. Proposed street names will also be'routed through the Communication Center Supervior for review. This step will prevent duplicate street names from being entered. Please attach one copy of the plan Indicating proposed names. Applicant's Name: Toll Brothers Inc., c/o Steve Collins Address: 21630 Ridgetop Circle, Suite 130 Dulles, Virsinia 20166 Phone number: (703) 433-6244 Name of development and/or description of the request: Channi_ng Drive- , Phase 91 Subrlivi ci nn P1 an Location of property: Approximately 2300 ft. north of the intercPrtion of Morning Glory DrivP (Rt_ 140n) anti SancPnv R��Rt AS7) nt flip nnrtharn erminuG of Mnrning alnry llrivp Mapping and Graphics Manager Comments: Communication Center Supervisor's Comments: I N , DEPT. OF GEOGRAPHIC INFORMATION SYSTEMS FREDERICK COUNTY; VIRGINIA , W E STREET NAME COMMENTS SUBDIVISION COMMENTS' DATE: January 15, 2003 STAFF MEMBER: Marcus Lemasters, Director SUBDIVISION: Channing Drive, Section 9 (Sovereign Village) COMMENTS: The Frederick County Department of GIS has reviewed the requested road names for use in the Channing Drive, Section.9 (Sovereign Village) subdivision, and has'made the following determinations: 1. The following road names are already APPROVED and.reserved in the Frederick County Road Naming System: Canyon Road (extension) Norfolk Court Heath Court Pangborne Court Bentpath Court Thompson Court 1 2. The following road names conflict with another road name already in the Frederick County Road Naming System and are DENIED acceptance into the system as duplicates: Short Court Rossum Lane NOTE: In order to avoid confusion and delays in getting plans approved, individuals and agencies should contact the Department of GIS to check on and reserve any road name prior to placing it on a plan. ECEOVEn7n Brick County Planning elopment, 107 North Kent Street, Winchester, VA 22601, (540)665-5651 fil JAM 16 RE QU E5TPOR SI bDWjS10N ' COMMt1m TS Frederick ,County Parks. and,Recreation Dept. Attn: Director of Parks and Recreation Winchester, va.` 22601 - - (540):b65-5678 The Frederick County Parks and Recreation Department is located on the second floor of t'he Frederick County Admidsstratiop Building,107 North Kent Street, Winchester, if you prefer to hand' ddiver this revie* form. 'I Applicant's name, address and phone number: Toll Brothers_lnr— c/o Stay Collins- 21630 Ridgetop Circle, Suite Ila Dulles, Virginia 20166 (703) 433-6244 Name of development -and/or: description ofthe request: Channing Drive Phase 9 - Subdivision► Plan I II Location: 1 Annroxiamtely 2300 ft. north of the intersection of Morning .1nry Drive (Rt. 1400) and Sense" Road (Rt. 657), at the Northern terminus of Morning Glory Drive. Parks & Recreation Dept. Comments: Plan appears to meet open space requirements and agreed upon proffers for parks and recreation:,. Parks Signature and �!e: 15 / 03 (NOTICE TO PARKP ASERETURN THIS FORM TO THE APPLICANT.) It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach a copy of your application form, cation form. JAN 16 M i REQUEST FOR SUBDIVISION COMMENTS Frederick County Sanitation Authority Attn: Engineer Director P.O. Bo- 1877 Winchester, Virginia 22604 (540)868-1061 The Frederick County Sanitation Authority is located at 315 Tasker Road in Stephens City, Virginia, if you prefer to hand deliver this review. Applicant's name, address and phone�number.- Toll Brothers Inc. c o Ste Dilles. Virginia 20166 (703) 433-6244 Name of development and/or description of the request: ChanninQ Drive Phase 9 - Subdivision Phan Location: Approximately 2300 ft. north of the intersection of Morning Glory Drive Mt. 1406) and Sencenv Road (Rt. 697). at the Northern terminus of Morning Glory Drive. Sanitation Authority Comments: RFYIFW 73 / TX,-,*S' Sanitation Authority Si & Date: 3 4 (NOTICE TO SANITATION ORITY * RETURN THIS FORM TO APPLICANT.) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also; please attach a copy of your application form, location map and all other pertinent information. y , '1 A 4. �EppEr FOE . SUBDIVISIO. E COMi�iENTS f i Frederick,County Inspections Department, Attn: BuildingOfficial 107 North Rent Street }} (540) 665-5650 The Frederick County Inspections Departmeft is located lat 107 North Kent Street, 4th Floor of the County- Administration Building in .Winchester, ifyou, prefer to ha'nd''deliver this review. Applicant's name, address and phone' number: -- To11 Brothers Inc.. cb i teve Collins 21630'Ridgetoo Circle, Suite 130 Dulles, VA 20166 (703) 433-6244 Name of development and/or description of the request: Channing� Drive Phase 9 - Subdivision Plan Location: ; Annrnximatej,y 2300 ft, north of the .intersettion,of Morning Glory Drive C— 1400) and SenGeny Rnad (Rt. 657). at the Northern terminus of Mnrning M nrX nrivP- Inspection Department Comments: C o ,rr s _ o ©f 1 Code Administrator Signature & Date: Q (NOTICE TO INSPECTIONS DEPT.*PLEASE URN THIS FFb9M TO AP AN; ) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach a copy of your application form, location map and all other pertinent information. / 1 1 1 1 I �1 III I it I , 1 , I' 11• 1 , • , 111 4,1 .11 rll' 1 ,I 1 I 11 I I I I 1 I I ' Dwellings shall comply with The Vagina Uniform, statewide Building Code and section 310, use group R (Residential) of the BOCA National Building Code/1996 and The CABO One and Two Family Dwelling Code/1995,.' Design Professional shall be required for the basement waterproofing due to elevation' of the storm water pond on lots #44, #45, #46 and #47. Lot # 52, 51, 50, 49, 141, 141, 143, 133, 134, 135,102, and 101 shall require foundation design due to steep slopes. 1 I I, • I I I I ' 1 I 111 I REQUEST FOR SUBDIVISION COMMENTS I Frederick County Fire Marshal ATTN: Fire Marshal 107 North Rent Street TwinehAster, Virginia 22601 (540) 665-6350 The 'Frederick County Fire -Marshal is located at 107 North Rent Street, 1st floor 'of the County Administration Building in Winchester, if you prefer to hand deliver this review form. 1 Applicant's name, address and phone number: Toll Brothers Inc.. c/o Steve Collins 21630 Ridzetop Circle. Suite 130 Dulles. VA 20166 (703) 433-6244 Name of development and/or description of the request: Channinq Drive Phase 9 - Suhdivision Plan Location: Approximately 2300 ft. north of the intersection of Mornine Glory Drive (Rt. 1400) and Senseny Road (Rt. 657). at the Northern terminus of Morning Glory Drive. Fire Marshal Comments: Z5 ' in G Xc 41-en-1 GCN'�-i 9p Zen ACcf C,4 c- c_fy*_� 12� C(c (1 9 CY rzcx-_S�� is n 11 1rW Fire Marshal Signature & Date _ ? -03 (NOTICE TO FIRE MARSHAL - PLEASE RE THIS FORM TO APPLICANT.) a NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach a copy of your application form, location map and any other pertinent information. 1 i , I I m . Ar, Plan Revvt� �r 1 Control number Date received pate reviewed Date Revised SD03-0001 , 1/10/2003 1/14/2003 Project Name Applicant, Channing Drive Phase 9 Eastern States Engineering Address City State Zip Applicant Phone PO Box 651208 Sterling VA 20165 703-433-6254 Type Application Tax ID Number Fire District Rescue District subdivision 18 18 Current Zoning Election District RP Recommendations Redbud Automatic Sprinkler System Automatic Fire Alarm System Residential Sprinkler System No No Yes Other recommendation Smoke detectors and fire extinguishers in housing units. Reculrernenft Emergency Vehicle Access Adequate Siamese Location Not Identified Emergency Vehicle Access Comments Hydrant Location Fire Lane Required Adequate Yes Roadway/Aisleway Width Special Hazards Adequate No Access Comments Recommend that access to the existing Morning Glory Drive be used instead of a new right of way so that we can access the existing fire hydrants. Additional Comments Fire hydrants must be within 8 feet of the curbline. Move the hydrant at Lot 73 to the intersection of Heath and Canyon. Add a hydrant at the north corner of Lot F if access to Morning Glory Drive is denied. Plan Approval Recommended Reviewed By Signature Yes Karl Steudl Tine ' Li. Fri Mc,r-A, f— I , 1 1 1 l , 1 OL COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY Philip a shucet 14031 OLD -VALLEY PIKE ,IERRYA.ICOPP ' COMMISSIONER EDINBQq, 'VA 22824 RESIDENT ENGINEER TEL (540) 984-5600 FAX (540)%4-5607 March 17, 200 I 1 Mr. Stephen S. Collins, Jr., P.E.,'Project'Engine�r C/O Eastern States Engineering P. O. Box 651208 Sterling, VA 20165-1208 1 Ref: Channing Drive' Fu-Shep, Phase 9 Off Route 657, Senseny Road Frederick County „ Dear Mr. Collins: 1 1 I I 1 , A VDOT review has been completed on the preliminary -subdivisionplan dated January, 2003 for the referenced project. Our comments are listed below and are shown in red on the plan sheets. Sheet lof 52 • Tax Map I.D. as shown on Sheet 2 should appear with county data on Title Sheet. Also VDOT General Notes should be on Title Sheet. 1 Sheet 2 of 52 • Please note it is permissible to add to VDOT General Notes after the twenty-first note! However, language used should include words shown in red. Sheet 3 of 52 • The Typical Section with tabulated data is good for ready reference, especially on a Master Development Plan. However, on subdivision and site plans, VDOT preference is to have separate Typical Sections for each roadway/street or if the same section is appropriate for several roads with identical dimensions it is okay to list the streets under the typical section. Please note the conflicting dimensions on Typical Section with proposed entrance standard CG-9B. VirginiaDOT.org WE KEEP VIRGINIA MOVING Mr. Stephen S. Collins Ref: Phanning Drive - Fu-Shep, Phase 9 March 17, 2003 Page #2 � Sheet 4 of 52 • Throughout the subdivision, we recommend reduction of lateral utility crossings under proposed streets. An example is one larger sized lateral then branch to several lots. Sheet g of 52 • On this sheet and others titled Road Plan & Profile, the intersection point (stations) of respective roadways should be shown on plan portion. • Unless a physical constraint (fixed grade tie-in, etc.) prevents, the controls for vertical curves should be set on 1/8ths station (+12.5; +25 + 50 + 75 + 00). • The vertical curve at Station 23+60 should be drawn and plotted as a parabolic curve (not chorded as shown). Percents of grades should be shown on tangents to curve. • Guardrail or grading of adjacent lots to mitigate need for guardrail should be shown on profile and plan sheets where fill depths require guardrail. Sheet 10 of 52 • The vertical curve at Station 36+00 should be plotted parabolic, not chorded as shown. • The area where proposed Canyon Road crosses the upper reach of one finger of Twin Lake appears to be a location where an early Geotechnical Analysis should be performed to determine suitability of soil for roadway construction. Also, the proposed retaining walls to be constructed on site and yet proximate to proposed Canyon Road. • Discuss the apparent need for guardrail or lot grading to mitigate need for guardrail. Sheet 11 of 52 • The guardrail fill question once again. Sheet 12 of 52 • VDOT is aware of County concerns surrounding the proposed access via Rossum Lane. We share that concern and have serious reservations of access through any existing completed residential area by construction vehicles and activity. Sheet 13 of 52 • The proposed landing of Thompson Court at the intersection of Canyon Road should provide more space on the same plane as Canyon Road surface. Something in the scope of the red line grade should be considered. Mr. Stephen S. Collins, Ref: Channing Drive - Fu-Shep, Phase 9 March 17, 2003 ' age #3 • On Norfolk Court' access to Canyon 'Road.; it appears' longer wheelbase and length vehicles (school bus) may drag on the grade: A flatter landing should' b'e attempted to place at the intersection. Sheet 14 of 52 • The percentages of grades should be ,shown on the sub -tangents of the vertical alignment. Sheet 15 of 52 • Percentages of grade should be provided;'' Sheet 16 of 52 • Please clarify location of Canyon Road centerline and address grade line on Pangborne Court intersection. • Identify percentages of grades. • On Short Court, the same concerns/com�s should be addressed. In general, on longer (500''� tertiary streets, additional drainage structures should be provided at approximate mid points along alignment to avoid surface stormwater run by and overloading gutter pans and downstream road surface areas and drainage structures. This is especially important on the steeper percentage grades'. Please address all these written comments, all red notes on the plan sheets and those on the VDOT Subdivision Check List. When all the above comments have been addressed, please provide one copy of the revised plans to this office for VDOT review. If there are any questions, please call. Sincere Barry J. Sweitzer, Transportation Roadw Engineer For: Lloyd A. Ingram, Transportation Engineer BJS/rf Enclosures xc: Mr. Dave Heironimus Mr. Jeremy Camp SUBDIVISION DESIGN PLAN CHECKLIST The subdivision design plan shall be drawn at a scale that is acceptable to the Subdivision Administrator. The subdivision design plan shall include a sheet depicting the full subdivision submitted. The subdivision design plan shall include the following information: title "Subdivision Design Plan for "_ n��� DY;,q hw with a notation of all previous names of the subdivision. original property identification number. ✓ page number and total pages on each page. ✓ name of the owner and/or subdivider _ vicinity map [scale of one to two thousand (1:2000)] showing all roads, properties and subdivisions within one thousand (1000) feet of the subdivision. y written and graphic scale. day, month and year plan prepared and revised. North arrow. name of the Magisterial District where located. Red 6"b V/ zoning of all land to be subdivided.-O boundary survey of all lots, parcels and rights -of -way showing bearings to the nearest minute and distances to the nearest one-hundreth (1/100) of a foot. topography shown at a contour interval acceptable to the Subdivision Administrator but in no case greater than five (5) feet. / y names of owners, zoning and use of all adjoining properties and deed book and page number references for each adjoining parcel. k proposed use of each lot, with the number of lots in each use category. area of each lot and parcel, the total area of the subdivision and the total area in lots. s 10 location and area of each parcel of common open space and the total area of common open space. location, names, right-of-way widths and classifications of existing and planned roads, streets and shared private driveways adjacent to and on the property. existing or proposed utilities, sewer and water lines, manholes, fire hydrants and easements. existing and proposed drainage ways, drainage facilities, culverts and drainage easements with dimensions and design details. stormwater management plan with calculations describing how stormwater management requirements are being met, including the location and design details of proposed facilities. proposed grading plan including spot elevations and flow arrows. cross sections, profiles and design details of all proposed streets, roads, culverts, storm sewers, sanitary sewers and water mains. locations, dimensions and cross sections of existing and proposed sidewalks and walkways. location of environmental features including floodplain, steep slopes, wetlands, sinkholes, woodlands and natural stormwater detention areas. names of all streams and bodies of water, including all one -hundred -year flood limits'as mapped by FEMA. location of all land to be dedicated or reserved for public use. location of required setback lines on each lot. location of proposed recreational areas and facilities. location of proposed buffers and screening with design details, locations and types of plants and screening. proposed landscaping with location and types of plants. certification by an engineer, surveyor or other qualified professional of the accuracy of the plat. signature of the owner or principals certifying ownership / of the property. v statement listing all requirements and conditions placed on the land included in the subdivision resulting from approval of conditional zoning or a conditional use permit. V signature line for the Subdivision Administrator. 12 With regard to scheduling Feting in the next 2 weeks, it looks like OL. S is the only day available for Fred and I - at this point we don't know--ith's or Park's availability. Fred will be out of the office Oct. 20-22, and I will be on vacation from Oct. 22 - Nov. 7. If it would be helpful, please forward this email to Steve Collins. Please let us know how you'd like to proceed. Thanks, Vince. Vincent Ruark Geotechnical Engineer Staunton District Materials Section Telephone: 540-332-9166 Email: vincent.ruark@vdot.virginia.gov ,f 3 11/17/2004 8:27 AM F /10 EDS 4TE (�5 ?94 EIn GI^ Y E IINL v=ral PLANNl^`&--i,E`fF r;FA.:IENT October 5, 2004 Ms. Candice E. Mills Planner II Frederick County Department of Planning and Development 107 North Kent Street Winchester, VA 22601-5000 Land Surveying and Land Planning Services Re: Channing Drive Phase 9; Subdivision Design Plan Review Dear Ms. Mills: VIRGINIA DIVISION OFFICE P O Box 651208 Sterling, VA 20165-1208 (703) 433-6285 FAX (703) 433-6204 Please accept this letter as our response to the review comments, dated September 9, 2004, on the subject Subdivision Design Plan for Charming Drive Phase 9 (Fu-Shep) Lots 1-149. Comment 1. The Master Development Plan (MDP) for this project has not been administratively approved yet. This plan must be approved prior to approval of the SDP Response: The MDP has know been approved. Comment 2. The phone number given on the cover sheet does not appear to be correct. Response: The phone number has been corrected as requested. Comment 3. On Sheet 6, of 54, the side building restriction line (BRL) for lot 8 needs to be merged with the 25' buffer. Response: The BRL has been adjusted as requested. Comment 4. On sheet 6 of 54, Lot 1 should have five foot side BRL. Response: The BRL has been adjusted as requested. Comment 5. On sheet 6 of 54, since lot 20 is a three -sided lot, one entire side of this lot requires a 15' rear BRL. Response: The BRL has been adjusted as requested. Comment 6. On sheet 7 of 54, merge the BRL's of lots 50-52 with the drainage easement. Response: The BRL's have been adjusted as requested. Comment 7. On sheet 7 of 54, merge the sanitary sewer easement with the front BRL of lot 149. Corporate Office Regional Offices 2747 Philmont Avenue Brandywine Valley, PA Clinton, NJ Huntingdon Valley, PA 19006 (610) 647-1162 (908) 638-5270 (215) 914-2050 6 Response: The BRL has been adjusted as requested. Comment 8. On sheet 7 of 54, lot 135 is a three -sided lot; one entire side of this lot requires a 15' rear BRL. Response: The BRL has been adjusted as requested. Comment 9. On sheet 7 of 54, merge the BRL's of lots 120 and 121 with the STM Easement. Response: The BRL's have been adjusted as requested. Comment 10. Please show the riparian buffers depicted on the Master Development Plan (MPD) on the SDP. Response: The riparian buffers have been depicted as requested. Comment 11. On sheet 6 of 54, please include the notation regarding the opening of Morning Glory Drive as noted on the MDP. Response: The note from the MDP has been added to the SDP as requested. With regards to the Community Center associated with Phase 9, the building location has been depicted and the note from the MDP has been added to the plans. As noted in your letter a separate site plan will be submitted. That site plan will detail the amenities to be included with the Community Center and show the road and trail access to it. We trust that this letter adequately summarizes our responses to your review comments. Should you have any questions please do not hesitate to call me at (703) 433-6244. Sincerely, EASTERN STATES ENGINEERING, INC. Stephen Collins, Jr. P.E. Project Engineer cc: Mr. Webb Koschene, Toll Brothers, Inc. Mr. Ty Lawson, Lawson & Silek FILE OR 114 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 October 4, 2004 Mr. Stephen S. Collins Eastern States Engineering P.O. Box 651203 Sterling, Virginia 20166-1208 RE: Channing Drive, Phase 9 — Platting of Section 2 Dear Mr. Collins: In a review letter dated September 3, 2004, you were informed that prior to the County approving the plats for Section 2 (lots 1-80, 94-149), a site plan for the community center must be submitted and approved by Frederick County, as well as an appropriate monetary guarantee for the improvements associated with the community center. On September 23, 2004 you contacted our department regarding the platting of Channing Drive, Phase 9, Section 2 and requested that the site plan for the community center, as well as the bond, be required prior to the issuance of the 78th building permit. Please note that in accordance with § 144-40, in order to obtain approval of the final subdivision plats, all improvements must be constructed or sufficient guaranties must be provided so that the improvements will be constructed within an appropriate length of time. Also, the applicant is required to post a bond or other acceptable surety before the final subdivision plats and deeds of dedication are finalized by the Subdivision Administrator. We are willing to provide you with final subdivision plats for the 16 lots in Section Iof Channing Drive, Phase 9, prior to the approval of a site plan and the posting of a bond for the community center. We are also willing to provide you with final plats for lots 1-80 so long as an adequate bond is posted for the community center. However, we feel that the community center should be site planned, bonded and built prior to the approval of the final plat for lots 94-149. If you have any questions, please feel free to call. Sincerely, Candice E. Mills Planner II CEM/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Public Works 540/665-5643 FAX: 540/678-0682 SEP v�i r FREDERICK COUNTY PLANNING & DEVEL O"MENT Mr. Stephen S. Collins, RE Eastern States Engineering P.O. Box 651208 Sterling, Virginia 20165-1208 September 24, 2004 RE: Subdivision Plan Comments - Fu-Shep - Channing Drive - Phase 9 Frederick County, Virginia Dear Steve: Upon review of the revised subdivision plan, dated August 23, 2004, we offer the following comments: 1) As a matter of clarification, you have proposed the use of regular silt fence throughout the proposed erosion and sediment control plan. In an earlier review, we indicated that where a diversion berm is used in conjunction with the silt fence, wire reinforced silt fence is not required. However, any area of disturbance where there is not a diversion been present, wire -reinforced silt fence is required and shall be utilized. However, this comment will be further addressed at the time of land disturbance permit issuance. All of our previous comments have been addressed. Therefore, we recommend approval of the subject subdivision plan. Sincerely, Joe C. Wilder Deputy Director JC W/sce cc: Mark R. Cheran, Zoning and Subdivision Administrato , 107 North Kent Street • Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 October 8, 2004 Mr. Stephen S. Collins Eastern States Engineering P.O. Box 651203 Sterling, Virginia 20166-1208 RE: Channing Drive, Phase 9 — Second Section 1 Final Plats Review Dear Mr. Collins: I have had the opportunity to review the final plats for Channing Drive (Section 1) Subdivision. I offer the following review comments: Label the building restriction lines on each lot. The application seeking approval of the Section 1 plats is denied until the issue identified in this letter has been adequately addressed. Please address the above comment and resubmit. Before the plats are approved by this department, the Subdivision Design Plan must to be approved. Also, before the final plats are officially approved by this office, the approval signatures of the Frederick County Sanitation Authority and the Virginia Department of Transportation must be obtained along with a copy of the deed of dedication for the subdivision that shows the establishment of the POA. An appropriate guarantee will also be required prior to final plat approval. I have enclosed a marked copy of the plats to assist with the revisions. If you have any questions, please feel free to call. Sincerely, Candice E. Mills Planner II CEM/bad Enclosure 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 October 8, 2004 Mr. Stephen S. Collins Eastern States Engineering P.O. Box 651203 Sterling, Virginia 20166-1208 RE: Channing Drive, Phase 9 — Second Subdivision Design Plan (SDP) Review Dear Mr. Collins: I have had the opportunity to review the revised Channing Drive subdivision design plan received by our office on October 5, 2004. I offer the following review comments: On Sheet 7 of 54, merge the BRL's of lot 50 with the drainage easement. The application seeking approval of this Subdivision Design Plan is denied until the issues identified in this letter have been adequately addressed. Please address the above comments and resubmit. If you have any questions, please feel free to call. Sincerely, Candice E. Mills Planner II CEM/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 l� �j ill Land Surveying and Land Planning Services EASTERN i VIRGINIA DIVISION OFFICE ® P O Box 651208 STATES Sterling, VA 20165-1208 ENGINEERIN FAX (703) 433 6204 FREDERICK COUNTY October 5, 2004 PLANNING & DEVELOPM' County of Frederick Department of Planning and Development Attn: Candice E. Mills 107 North Kent Street Winchester, Virginia 2oi66-1208 Re: Channing Drive, Phase 9 — Section i Final Plats Review Dear Ms. Mills: Enclosed for your review are our responses to your September 3, 2004 comment letter pertaining to the final submission of the above referenced plat for conformance with Frederick County requirements. Enumerated below are the items that have been commented on and our responses to each. Comments. On Sheet 1 of 7, remove the signature line for the Planning Commission, it is not required for these plats. RESPONSE: The Planning Commission line has been removed Comment 2. The Magisterial District shown on these plats is incorrect; it is Red Bud not Shawnee RESPONSE: The Magisterial District has been corrected Comment 3. On Sheet 1 or 2 of 7, please provide a section for project information. This must include: the property identification number, zoning of the property, the number of lots, the total area in the subdivision, the total area in lots, the total area in right-of-way, the total area in open space being dedicated with this section, the housing type, the density allowed from the parent tract and the area in the residue (Section 2) tract. RESPONSE: The project information has been included on Sheet 2 of 7. Comment 4. On Sheet 2 of 7, provide a notation to the effect that no detached structures are allowed on any lot. RESPONSE: This note has been added to the Notes section on Sheet 2 of 7. Comment 5. On Sheet 2 of 7, provide the monetary proffer amount required per lot ($4205.14) to be paid at the time of building permit. RESPONSE: This note has been added to the Notes section on Sheet 2 of 7. Comment 6 On Sheet 3 of 7, label Section 1, show the lake and the location of the community center. RESPONSE: The location of the lake and community center have been added. Corporate Office Regional Offices 2747 Philmont Avenue Brandywine Valley, PA Clinton, NJ Huntingdon Valley, PA 19006 (610) 647-1162 (908) 638-5270 (215) 914-2050 —a ft . Comment 7. On Sheet 3 Of 7, on the parcel marked "residue", provide the acres and label it "Future Section 2". RESPONSE: The label on sheet 3 of 7 has been updated. Comment 8. On sheet 3-6 of 7, show the building restriction lines (BRL's) on each lot. Also show the 25' residential buffer. RESPONSE: The BRL's and the 25' residential buffer has been added to sheets 3 through 7. Comment 9. On Sheet 6 of 7, label the residue parcel as "Future Section 2". RESPONSE: The label on sheet 6 of 7 has been updated. Comment io. On Sheet 7 of 7, the match line at the top of the sheet refers to Sheet 5; it should be Sheet 6. RESPONSE: The label on sheet 7 of 7 has been corrected With respect to the other items listed in the summary of your letter, I have enclosed a copy of the bond estimate for you to forward to Public Works for Review. We are currently working on being part of the existing Sovereign Village POA and will provide you with a copy of the agreement soon. The SDP has been approved by all agencies accept VDOT and Planning and is currently under review by both. The record plat has been approved by FCSA and is under review at VDOT. Thank you for the professional and thorough review that our application had received. We believe that all comments have been addressed adequately in accordance with the review comments and request approval of this application. Please feel free to call at your convenience with any questions or the need of additional information at (571) 261-2311 or email to cfillmorePeseeng.com Sincerely yours, EASTERN STATES ENGINEERING, INC. Stephen S. Collins Jr., P.E. Project Engineer cc: Mr. Webb Koschene, Toll Brothers Inc. Mr. Ty Lawson, Lawson & Silek ERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 September 3, 2004 Mr. Stephen S. Collins Eastern States Engineering P.O. Box 651203 Sterling, Virginia 20166-1208 RE: Channing Drive, Phase 9 — Section 1 Final Plats Review Dear Mr. Collins: I have had the opportunity to review the final plats for Channing Drive (Section 1) subdivision final plats. I offer the following review comments: On Sheet 1 of 7, remove the signature line for the Planning Commission, it is not required for these plats. 3/ The Magisterial District shown on these plats is incorrect; it is Red Bud not Shawnee. On Sheet 1 or 2 of 7, please provide a section for project information. This must include: the property identification ilxfmber, zoning of t4eiroperty, the number of lots, the total area in the subdivision, the total area in lots, the total area in right-of-way, the total area in open space being dedicated with this section, the housing type, the density allowed from the parent tract and the area in the residue (section 2) tract. On Sheet 2 of 7, provide a notation to the effect that no detached structures are allowed on any lot. 1Y On Sheet 2 of 7, provide the monetary proffer amount required per lot ($4205.14) to be paid at the time of building permit. L6:" � On Sheet 3 of 7, label Section 1, show the lake and the location of the community center. ? On Sheet 3 of 7, on the parcel marked "residue", provide the acres and label it "Future Section 2". 8. On Sheets 3-6 of 7, show the building restriction lines (BRL's) on each lot. Also show the 25' residential buffer. 9. On Sheet 6 of 7, label the residue parcel as "Future Section 2". 10. On Sheet 7 of 7, the matchline at the top of the sheet refers to Sheet 5; it should be Sheet 6. The application seeking approval of the Section 1 plats is denied until the issues identified in this letter have been adequately addressed. Please address the above comments and resubmit. Before the plats are approved by this department, the Subdivision Design Plan must to be approved. Also, before the final plats are officially approved by this office, the approval signatures of the Frederick County Sanitation Authority and the Virginia Department of Transportation must be obtained along with a copy of the deed of dedication for the subdivision that shows the establishment of the POA. An appropriate guarantee will also be required prior to final plat approval. I have enclosed a marked copy of the plats to assist with the revisions. If you have any questions, please feel free to call. Sincerely, Candice E. Mills Planner II CEM/bad Attachment 107 North Kent Street • Winchester, Virginia 22601-5000 0 Z CT MftRICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 004 Mr. Stephen S. Collins Eastern States Engineering P.O. Box 651203 Sterling, Virginia 20166-1208 RE: Channing Drive, Phase 9 — Section 2 Final Plats Review Dear Mr. Collins: I have had the opportunity to review the final plats for Charming Drive (Section 2) subdivision final plats received by our office. I offer the following review comments: l . On Sheet 1 of 25, remove the signature line for the Planning Commission, it is not required for these plats. 2. The Magisterial District shown on these plats is incorrect; it is Red Bud not Shawnee. 3. On Sheet 1 or 2 of 25, please provide a section for project information. This must include: the property identification number, zoning of the property, the number of lots, the total area in the subdivision, the total area in lots, the total area in right-of-way, the total area in open space being dedicated with this section, the housing type, the density allowed from the parent tract and the area in the residue (section 2) tract. 4. On Sheet 2 of 25, provide a notation to the effect that no detached structures are allowed on any lot. 5. On Sheet 2 of 25, provide the monetary proffer amount required per lot ($4205.14). 6. On Sheet 3 of 25, label Section 1, show the lake and the location of the community center. 7. On Sheets 3-25 of 25, show the building restriction lines on each lot, show all easements (water, sewer, drainage, buffers) and label all roads. 8. Show lots on one sheet; please do not place one lot on multiple sheets. 9. Label the "match sheets" for all sheets. 10. Include additional sheets that show the open space on one sheet, also include all drainage easements, residential separation buffers and riparian buffers. The application seeking approval is denied until the issues identified in this letter have been adequately addressed. Please address the above comments and resubmit. Before the plats are officially approved by this department, the Subdivision Design Plan needs to be approved. Also, before the final plats are officially approved by this office, the approval signatures of the Frederick County Sanitation Authority and the Virginia Department of Transportation must be obtained along with a copy of the deed of dedication for the subdivision that shows the establishment of the POA. An appropriate guarantee will also be required prior to final plat approval. I have enclosed a marked copy of the plats to assist with the revisions. If you have any questions, please feel free to call. Prior to the approval of Section 2 (lots 1-80, 94-149) a site plan for the community center must be submitted and approved by Frederick County, as well as an appropriate guarantee for the improvements associated with the improvements for the community center. Sincerely, n Candice E. Mills Planner 11 CEM/bad Attachment 107 North Kent Street • Winchester, Virginia 22601-5000 Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 Mr. Stephen S. Collins Eastern States Engineering P.O. Box 651203 Sterling, Virginia 20166-1208 RE: Channing Drive, Phase 9 — Subdivision Design Plan (SDP) Review Dear Mr. Collins: I have had the opportunity to review the Charming Drive subdivision design plan received by our office on August 23, 2004. I offer the following review comments: ,1! The Master Development Plan (MDP) for this project has not been administratively approved yet. This plan must be approved prior to approval of the SDP. v-2 The phone number given on the cover sheet does not appear to be correct. On Sheet 6 of 54, the side building restriction line (BRL) for lot 8 needs to be merged with the 25' buffer. On Sheet 6 of 54, lot 1 should have five foot side BRL. On Sheet 6 of 54, since lot 20 is a three -sided lot, one entire side of this lot requires a 15' rear BRL. r r K6. On Sheet 6 of 54, merge the BRL's of lots 50-52 with the drainage easement. m, 7. On Sheet 7 of 54, merge the sanitary sewer easement with the front BRL of lot 149. $. On Sheet 7 of 54, lot 135 is a three -sided lot; one entire side of this lot requires a 15' rear BRL. v,9. On Sheet 7 of 54, merge the BRL's of lots 120 and 121 with the STM Easement. 140 Please show the riparian buffers depicted on the Master Development Plan (MDP) on the SDP. ,rr 1. On Sheet 6 of 54, please include the notation regarding the opening of Morning Glory Drive as noted on the MDP. In regards to the community center associated with Phase 9 of the Charming Drive Subdivision, the building location, along with what amenities will be included with the community center, and the road access needs to be shown on this SDP. This site must have a separate site development plan prepared for it and this plan must be submitted to and approved by Frederick County. In the spirit of cooperation, we will allow the platting of Section 1 (lots 81-93) without a formal site plan submission for the community center. However, prior to the approval of Section 2 (lots 1-80, 94-149),a site plan for the community center must be submitted and approved by Frederick County, as well as an appropriate guarantee for the improvements associated with the community center. On the SDP, please include a notation to the effect that a site development plan for the community center will be submitted to and approved by Frederick County prior to the final plat approval for lots 1-80 and 94-1.49. The application seeking approval of this Subdivision Design Plan is denied until the issues identified in this letter have been adequately addressed. Please address the above comments and resubmit. I have enclosed a marked copy of the plans to assist with the revisions. If you have any questions, please feel free to call. Sincerely, Candice E. Mills Planner II CEM/bad Attachment 107 North Kent Street • Winchester, Virginia 22601-5000 Civil Engineering, Land Surveying and Land Planning Services EASTERN STATES INEiING August2744, Mr. KS4ugdl4 Assistan re Marshal's Freder a CoYcftO.01 &' t f,'the Fire Marshal 107 North Kent Street Winchester, VA 226o1 Re: Channing Drive Phase 9 Subdivision Design Plan (SDP) Dear Sir: VIRGINIA DIVISION OFFICE P O Box 651208 Sterling, VA 20165-1208 (703) 433-6285 FAX (703) 433-6204 Please accept this letter as a follow up to our phone conversation today regarding your concern for emergency vehicle access at Morning Glory Drive on the Master Development Plan (MDP) and SDP for the above referenced plan. As noted in our conversation the MDP has been approved but clarification was needed on access to the site at Morning Glory Drive prior to approval of the SDP. Per the MDP, the connection to Morning Glory Drive cannot be opened for public use until certain requirements are met. Based on a conversation that I had with Ms. Candice Mills, Frederick County Dept. of Planning, on August 27, 2004, it is acceptable to the Planning Department that bollards with a cable be provided across Morning Glory Drive to prevent public access and meet the requirements of the MDP in the interim condition. This method is acceptable to the developer/property owner and is what will be provided. In addition based on my conversations with you, a breakaway cable system is not acceptable for emergency vehicle access. Therefore, as we discussed a cable system that employs a "Knox Box pad Lock" is acceptable for use and will be provided. To my knowledge we had previously addressed your comments on the SDP with regards to hydrant locations, etc. We trust that this letter adequately addresses your remaining concern with regards to emergency vehicle access to the property and look forward to prompt approval of this application. Should you have any questions or further comments please do not hesitate to call me at (703) 433-6244. Sincerely, EASTERN STATES ENGINEERING, INC. Stephen S. Collins Jr., P.E. Project Engineer cc: Mr. Webb Koschene, Toll Brothers, Inc. My. Ty Lawson, Lawson & Selik Ms. Candice Mill, Frederick County Dept. of Planning Corporate Office Regional Offices 2747 Philmont Avenue Brandywine Valley, PA Clinton, NJ Huntingdon Valley, PA 19006 (610) 647-1162 (908) 638-5270 (215) 914-2050 AUG $ 1 &It �a� SUBDIVISION DESIGN PLAN CHECKLIST The subdivision design plan shall be drawn at.a scale that is acceptable to the Subdivision Administrator. The subdivision design plan shall include a sheet depicting the full subdivision submitted. The subdivision design plan shall include the following information: ✓� title "Subdivision Design Plan for " C with a notation of all previous names of the subdivision. / original property identification number. I/ page number and total pages on each page. name of the owner and/or subdivider vicinity map (scale of one to two thousand (1:2000)] showing all roads, properties and subdivisions within one thousand (1000) feet of the subdivision. written and graphic scale. day month and year plan prepared and revised. North arrow. name of the Magisterial District where located. zoning of all land to be subdivided. boundary survey of all lots, parcels and rights -of -way showing bearings to the nearest minute and distances to / the nearest one-hundreth (1/100) of a foot. topography shown at a contour interval acceptable to the Subdivision Administrator but in no case greater than five (5) feet. names of owners, zoning and use of all adjoining properties and deed book and page number references for each adjoining parcel. proposed use of each lot, with the number of lots in each use category. area of each lot and parcel, the total area of the subdivision and the total area in lots. 10 y location and area of each parcel of common open space and the total area of common open space. location, names, right-of-way widths and classifications of existing and planned roads, streets and shared private driveways adjacent to and on the property. existing or proposed utilities, sewer anwater lines, manholes, fire hydrants and easements. existing and proposed drainage ways, drainage facilities, culverts and drainage easements with dimensions and design details. ✓ stormwater management plan with calculations describing how stormwater management requirements are being met, including the location and design details of proposed facilities. proposed grading plan including spot elevations and flow arrows. cross sections, profiles and design details of all proposed streets, roads, culverts, storm sewers, sanitary sewers and water mains. locations, dimensions and cross sections of existing and proposed sidewalks and walkways. location of environmental features including floodplain, steep slopes, wetlands, sinkholes, woodlands and natural stormwater detention areas. ✓� names of all streams and odies of water, including all one -hundred -year flood limits'as mapped by FEMA. location of all land to be dedicated or reserved for public use. location of required setback lines on each lot. %\ location of proposed recreational areas and facilities. location of proposed buffers and screening with design details, locations and types of plants and screening. proposed landscaping with location and types of plants. certification by an engineer, surveyor or other qualified professional of the accuracy of the plat. 11 r �0t C w 0✓� v, cZ <<` Lyr`�2ho�1c 2' signature of the owner or principals certifying ownership of the property. statement listing all requirements and conditions placed on the land included in the subdivision resulting from approval of conditional zoning or a conditional use permit. P , Ss signature line for the Subdivision Administrator. 12 EASTERN STATES ENGINEERING P.O. Box 651208 Sterling, VA 20165-1208 (703) 433-6254+FAX (703) 433-6204 To Frederick County Department of Planning and Development Date August 23, 2004 Address 107 North Kent Street Winchester, VA 22601 Project Charming Drive Phase 9 Project # Attention Subdivision Administrator Phone # 540-665-5651 WE ARE SENDING YOU: ® Attached ❑ Under separate cover VIA: ❑ US Mail ® Courier/Delivery ❑ Overnight Carrier ❑ Interoffice Mail ❑ Pick-up THE FOLLOWING ITEMS: ❑ Shop drawings ❑ Prints ® Plans ❑ Disk ❑ Specifications ❑ Samples ❑ Copy of letter ❑ Change order ❑ Other COPIES DATE NO. DESCRIPTION 2 8-23-04 54 Subdivision Design Plan for Charming Drive Phase 9 1 8-23-04 Comment response letter THESE ARE TRANSMITTED: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ® For review and comment ❑ ❑ FORBIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS SIGNED STEPHEN S. COLLINS JR., P.E. EASTERN STATES ENGINEERING, INC. If enclosures are not as noted, kindly notify us at once. Civil Engineering, Land Surveying and Land Planning Services EASUN LRN VIRGINIA DIVISION OFFICE �AI W P O Box 651208 Sterling, VA 20165-1208 ENGINEERING (703) 433-62 FAX (703) 433-620404 August 23, 2004 Mr. Mark Cherran Acting Subdivision Administrator Frederick County Department of Planning and Development 107 North Kent Street Winchester, VA 22601-5000 Re: Channing Drive Phase 9; Subdivision Design Plan 3rd Review Dear Mr. Cherran: Please accept this letter as our response to the third submission review comments, dated June 21, 2004, on the subject Subdivision Design Plan for Charming Drive Phase 9 (Fu-Shep) Lots 1-149. DEVELOPMENT SERVICES DIVISION Comment 1. The proposed use, Single Family Small Lots, has not yet been approved on the MDP Response: The Single Family Small Lots shown on the revised MDP was recently approved by the Board of Supervisors. Comment 2. Development of single family small lots requires a recreation facility/amenities per 165- 64A&B. The proposed trail is a proffered amenity and does not count toward the recreation facility requirements. Provide the appropriate recreational amenities per 165-64A&B Response: The requirements of the ordinance with regards to the equivalent recreational facilities requirement and as shown on the approved MDP will be provided under separate cover. Comment 3. Residential separation single family buffers are required on the southern and western boundaries of the project per 165-37C(1)(a)(2). Provide the details of the full screen buffer. Response: The buffers have been provided as required. A detail of the buffer is provided on sheet 52. Comment 4. Add a note on the SDP referring to the requirement that no detached accessory buildings are allowed per 165-65F(4). Response: This note was previously shown as note 41 on sheet 2. However, it has also been added under the Zoning Requirements table shown on sheet 2 to further clarify this requirement. Comment 5. Add a street light to the typical road cross section. Corporate Office Regional Offices 2747 Philmont Avenue Brandywine Valley, PA Clinton, NJ Huntingdon Valley, PA 19006 (610) 647-1162 (908) 638-5270 (215) 914-2050 4 - - . Response: A typical section of a street light has been added to the each typical road cross section provided on sheet 3. Please note that streetlights were previously shown on the grading plans as required. Comment 6. As of today, the following review agencies/departments have not recommended approval: VDOT, Public Works and FCSA. Response: Acknowledged. We trust that this letter adequately summarizes our responses to your third submission review comments. Should you have any questions please do not hesitate to call me at (703) 433-6244. Sincerely, EASTERN STATES ENGINEERING, INC. Stephen Collins, Jr. P.E. Project Engineer cc: Mr. Webb Koschene, Toll Brothers, Inc. Mr. Ty Lawson, Lawson & Silek Sfc.1 + Z CHECKLIST FOR SUBDIVISION FINAL PLATS A. The title of the subdivision ("Final Plat for........") AA. Notarized owner's certification IAW 15.1-477 COV. B. The page number and total pages on each page. C. Vicinity Map (Scale 1:2,000) showing roads, properties and subdivisions within 1,000 feet. )< D. A written and (F)scale. E. Day, month and year plan prepared and revised. F. North Arrow. G. Magisterial District in which the subdivision is located. H. Zoning and use of land to be subdivided and adjoining land. I. Boundary survey of all lots, parcels and rights -of -way. V J. Names of owners of adjoining properties with deed book and page number references. K. Area of each lot, total area of subdivision and area in lots. L. Location and area of each parcel of open space and total area of open space. M. Location, names and ROW widths of existing and planned roads, streets and shared private driveways adjacent to �( and on the property. /1 N. Existing and proposed utilities, utility easements and other easements with dimensions. O. Existing and proposed drainage easements with dimensions and locations. P. Location of flood plain limits. %i- q-iA� "Jt- Q. Location of land to be dedicated or reserved for public use. R. Location of required setback lines on each lot. /1 S. Location of proposed recreational areas. Los �4-r�- 03*--4 0- a DPQ� spec 145 Aah f(/,"r(A) � t".. Page 2 Subdivision Plat Checklist T. Location of proposed buffers. U. Location and description of monuments and markers. V. Certified by registered engineer or surveyor. W. Notarized signature of the owner. X. Signature lines as required. Y. Statement listing all requirements and conditions placed on the land resulting from conditional zoning. Z. Indication of the portion of the allowable density from the parent tract which is to be allocated to each parcel resulting from the subdivision. Ya i XN 42c O(Nn . � 4 Greenway Engineering Channing Drive Rezoning a CIIANNINO DRIVE REZONING PROPERTY ID NUMBERS 55-((A))-206, 209, 211,213 & 65-((A))-30, 31, 39, 39A, 40 pECEE W E I AUG 9 M FREDERICKING COUNTY PLANN& DEVELOPMENT Pursuant to Section 15.2 - 2296 Et Seq., of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia shall approve rezoning application #15-99 for the rezoning of approximately 354.3 acres from the Rural Areas (RA) zoning district to the Residential Performance (RP) zoning district, and the rezoning of 22.0 acres from the Rural Areas (RA) zoning district to the Business General (B2) zoning district, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with said code and zoning ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the applicant and their legal successors, heirs, or assigns. ARTICLE I: PHASED CONSTRUCTION PLAN This article shall apply to the following parcels: Lynnehaven, L.C.: 55-((A))-206, and 65-((A))-30, 31 Giles Farm: 65-((A))-39, 39A Sheppard/Futral: 55-((A))-209, 211, 213 and 65-((A))-40 The total number of residential building permits that may be issued for any parcel within the subject property in combination with all other above -referenced parcels shall not exceed the following phasing schedule: 1 11 Greenway Engineering Channing Drive Rezoning Year Permits Issued to Date 2000 79 2001 158 2002 237 2003 316 2004 395 2005 474 2006 553 2007 632 2008 711 2009 790 2010 846 ARTICLE H. L YNNEM MEN, L. C. This article shall apply only to those properties currently owned by Lynnehaven, L.C., property identification numbers 55-((A))-206, and 65-((A))-30, 31. The subject properties are more particularly described as all of the land owned by Lynnehaven, L.C. as recorded in Deed Book 843 at Pages 415, 418, and 424 and reported to collectively contain 91.4 acres. The conditions proffered are as follows: A) AREA ZONED RP - 81.4 ACRES 1. MAXLMLW DENSITY The total number of lots shall be limited so as not to exceed a 2.5 unit per acre density for the entire subject area. 2. PROHIBITED UNIT TYPES Townhouses, weak -link townhouses, and garden apartments, as defined in the Frederick County Zoning Ordinance, shall not be permitted. 3. PEDESTRIAN WALKWAYS Pedestrian walkways shall be provided in the master development plan in addition to required sidewalks. Nature trails shall be constructed by the applicant in open space areas, in dedicated easements, and in tandem with the regional stormwater management network. Said trails shall also link to similar trail systems in adjacent housing developments, and shall be six feet wide with a wood chip or mulched surface. See Exhibit A attached. 2 Greenway Engineering : r — Channing Drive Rezoning s;i b4VL- 4. SOLID WASTE The owners of the subject property shall pay $100.00/mo. to Frederick County for the use of the solid waste facility located on the Greenwood Volunteer Fire Company property and serving the Greenwood/Senseny Road area. Said payment shall be made from the time Frederick County encumbers and signs a new lease for the expansion of said facility, or acquires another facility serving this general area, and shall continue for a period of ten years, or the term of said lease, whichever is less. B) AREA ZONED B2 -10.0 ACRES 1. PROHIBITED USES The following uses shall not be permitted on the subject property: Description SIC Automotive dealers 55 Hotels and motels 701 Organization hotels and lodging 704 Golf driving ranges & miniature golf courses 7999 Self-service storage facilities --- Commercial batting cages operated outdoors --- 2. MAXIMUM BUILDOUT In the B2 area established by this rezoning, the maximum cumulative floor area of all buildings in said B2 area shall not exceed 100,000 square feet. 3. BUILDING FACADES Commercial structures within the proposed B2 area shall be faced with brick, drivet, or architectural block on three (3) sides. C) ENTIRE PARCEL 1. CHANNING DRIVE Channing Drive is a new major collector which will be constructed along the eastern boundary of the subject property. Channing Drive shall consist of an 80' dedicated right-of-way with two 12' lanes, along with any associated turn lanes required by the Virginia Department of Transportation. This thoroughfare will be built in sections as warranted by adjacent development. The following criteria establish when the property owner is required to extend Channing Drive: 3 Greenway Engineering Charming Drive Rezoning � b 5 4,�!� i �.i 1 a) Each subdivision plan for residential housing adjacent to a portion of Channing Drive that has not yet been constructed shall include the construction of the adjacent portion of said drive in the subdivision plan. b) The construction of the first section of Channing Drive, from Senseny Road to the proposed B2 area, shall be included in the first site plan submitted for the B2 area if said road section has not yet been constructed. c) All of Channing Drive from Valley Mill Road to Senseny Road shall be constructed, open for traffic and dedicated to Frederick County before the 475th residential building permit is issued for any of the parcels listed in Article I of this proffer. 2. TRAFFIC SIGNALS a) The installation of a traffic signal at the intersection of Senseny Road and Channing Drive shall be included in the first site plan submitted for the B2 area, if a traffic signal has not yet been installed at said intersection should residential traffic meet signalization warrants. The developer agrees to enter into a signal agreement with VDOT prior to final site plan approval. b) The owners shall make a $25,000 cash contribution towards the installation of a traffic signal at the intersection of Greenwood Road (Route 656) and Senseny Road (Route 657). This contribution shall be made to the Virginia Department of Transportation upon their request and upon approval by said department for the installation of this traffic. signal. In the event a traffic signal is installed at said intersection before this contribution is made, the Virginia Department of Transportation may request the transfer of said contribution towards signalization at the intersection of Greenwood Road (Route 656) and Valley Mill Road (Route 659). The developer agrees to enter into a signal agreement with VDOT prior to final subdivision and/or site plan approval. 3. BRIDGE IMPROVEMENTS There is currently a one -lane bridge on Valley Mill Road where it crosses Abrams Creek. The owners of the subject property shall pay towards feasibility studies, engineering, or construction of improvements to this crossing. These monies, paid to Frederick County, VA, are to be set aside for said improvements, and may be considered by the county for matching funds. Said payments shall be $100.00 per residential lot, at the time the initial building permit is issued for said lot. The owner of the subject property shall be required to pay said monies until the Virginia Department of Transportation awards a contract for a two lane expansion and construction of these improvements on said bridge. 4. TURN LANES AND RIGHT OF WAY DEDICATION a) Right and left turn lanes shall be constructed on Senseny Road at the intersection with Channing Drive. Said lanes shall be constructed by the applicant at the time Charming Drive is connected to Senseny Road. b) Right and left turn lanes shall be constructed on Channing Drive at the intersection with the main entrance road into the Lynnehaven subdivision. 4 Green way Engineering Channing Drive Rezoning c) The installation of a total of two turn lanes at the intersection of Senseny Road and Greenwood Road shall be included in the first site plan submitted for the B2 area, if two turn lanes have not yet been installed at said intersection. The necessity of said turn lanes, and their configuration will be subject to later review by the Virginia Department of Transportation. The owners of the subject property shall install said turn lanes or pay to the Virginia Department of Transportation up to $15,000 per turn lane towards the installation of said turn lanes. d) This paragraph shall apply to parcels 55-((A))-206, and 65-((A))-39, 39A: The first site plan submitted for either of these parcels which will result in more than 120,000 sf of commercial area for both parcels collectively shall result in an updated traffic study to determine if additional offsite improvements are required. Said traffic study shall require approval by the Virginia Department of Transportation. 5. DRAINAGE AND WETLANDS DEVELOPMENT Sediment foreba s shall be constructed u stream of Twin Lakes in order to decrease the siltation of said lake and settle out man-made impurities. These sedimen s constructed iiLsuch a way as to encourage their development into a wetland with locally indigenous veizetation and wildlife. 6. MONETARY CONTRIBUTION a) Residential: In the event rezoning application lk5_99is approved for rezoning, the owners of the subject property will pay to the Treasurer of Frederick County, Virginia, $3,278.31 per residential lot prior to the initial building permit being issued for said lot. This per lot monetary proffer provides for: $2,694.11 for Frederick County Public Schools $539.07 for Frederick County Parks and Recreation $45.13 for Frederick County Fire and Rescue These payments are intended to offset the additional cost to Frederick County due to an increased demand on public services. b) Commercial: In the event rezoning application _f5_99is approved for rezoning, the owners of the subject property will pay to the Treasurer of Frederick County, Virginia, $3,245.60 prior to the initial building permit being issued within the B2 zoned area. This monetary contribution is intended to offset the additional capital costs to Frederick County for fire -and rescue services. Greenway Engineering Channing Drive Rezoning ARTICLE III: ROBE, �ILES, et als This article shall apply only to those properties currently owned by Robert A. Giles, et als, and Manning and Ross, LLC, property identification numbers 65-((A))-39, 39A. The subject property includes all of the land described as being owned jointly by Wanda G. High, Janita Giles, Robert A. Giles, and Richard F. Giles as recorded in Will Book 79, page 317, and in Deed Book 889 at Page 741. Said property is further described by a survey by Curtis L. McAllister dated February 13, 1990 and is reported to contain in aggregrate a total of 152.20 acres. The subject property includes all of the land now owned by Manning and Ross, LLC as recorded in Deed Book 948 at page 1760, and contains 51.0 acres. The conditions proffered are as follows: A) AREA ZONED RP -140.2 ACRES 1. MAXIMUM DENSITY The total number of lots shall be limited so as not to exceed a 2.5 unit per acre density for the entire subject area. 2. PROHIBITED UNIT TYPES Townhouses, weak -link townhouses, and garden apartments, as defined in the Frederick County Zoning Ordinance, shall not be permitted. 3. RECREATION CENTER A community recreation center shall be included in the master development of the subject site. This recreation center shall have a floor area of at least 3,000 square feet and shall include a pool and an outdoor multi -purpose playing court; the facade shall be constructed of brick, wood product, masonry, or drivet. Said facility shall be open for membership by residents of all subdivisions resulting from this Channing Drive Rezoning and shall also be open for membership to all other area residents. 4. PEDESTRIAN WALKWAYS Pedestrian walkways shall be provided in the master development plan in addition to required sidewalks. Nature trails shall be constructed by the applicant in open space areas, in dedicated easements, and in tandem with the regional stormwater management network. Said trails shall also link to similar trail systems in adjacent housing developments, and shall be six feet wide with a wood chip or mulched surface. See Exhibit A attached. 5. SOLID WASTE The owners of the subject property shall pay $100.00/mo. to Frederick County for the use of the solid waste facility located on the Greenwood Volunteer Fire Company property and serving the Greenwood/Senseny Road area. Said payment shall be made from the time Frederick County encumbers and signs a new lease for the expansion of said facility, or acquires another facility serving this general area, and shall continue for a period of ten years, or the term of said lease, whichever is less. 0 Green way Engineering Channing Drive Rezoning B) AREA ZONED B2 -12.0 ACRES 1. PROHIBITED USES The following uses shall not be permitted on the subject property: Description SIC Automotive dealers 55 Hotels and motels 701 Organization hotels and lodging 704 Golf driving ranges & miniature golf courses 7999 Self-service storage facilities _ --- Commercial batting cages operated outdoors -- In the B2 area established by this rezoning, the maximum cumulative floor area of all buildings in said B2 area shall not exceed 120,000 square feet. 3. BUILDING FACADES Commercial structures within the proposed B2 area shall be faced with brick, drivet, or architectural block on three (3) sides. C) ENTIRE PARCEL 1. CHANTTING DRIVE Channing Drive is a new major collector which will be constructed along the western boundary of the subject property. Channing Drive shall consist of an 80' dedicated right-of-way with two 12' lanes, along with any associated turn lanes required by the Virginia Department of Transportation. This thoroughfare will be built in sections as warranted by adjacent development. The following criteria establish when the property owner is required to extend Channing Drive: a) Each subdivision plan for residential housing adjacent to a portion of Channing Drive that has not yet been constructed shall include the construction of the adjacent portion of said drive in the subdivision plan. b) The construction of the first section of Channing Drive, from Senseny Road to the proposed B2 area, shall be included in the first site plan submitted for the B2 area if said road section has not yet been constructed. Greenway En�a a ineerin� I—A(� t Charming Drive Rezoning LS J51. j'v' v c) All of Channing Drive from Valley Mill Road to Senseny Road shall be constructed, open for traffic and dedicated to Frederick County before the 475th residential building permit is issued for any of the parcels listed in Article I of this proffer. 2. STREETSCAPE The main entrance road into the residential subdivision established on the Giles Farm property shall have four travel lanes, and shall have a median strip at least 10 feet wide. Said roadway shall be streetscaped with deciduous trees (at least one tree per 80 lineal feet), ground cover and shrubbery as allowed by the Virginia Department of Transportation. 3. TRAFFIC SIGNALS a) The installation of a traffic signal at the intersection of Senseny Road and Channing Drive shall be included in the first site plan submitted for the B2 area, if a traffic signal has not yet been installed at said intersection should residential traffic meet signalization warrants. The developer agrees to enter into a signal agreement with VDOT prior to final site plan approval. b) The owners shall make a $25,000 cash contribution towards the installation of a traffic signal at the intersection of Greenwood Road (Route 656) and Senseny Road (Route 657). This contribution shall be made to the Virginia Department of Transportation upon their request and upon approval by said department for the installation of this traffic signal. In the event a traffic signal is installed at said intersection before this contribution is made, the Virginia Department of Transportation may request the transfer of said contribution towards signalization at the intersection of Greenwood Road (Route 656) and Valley Mill Road (Route 659). The developer agrees to enter into a signal agreement with VDOT prior to final subdivision and/or site plan approval. 4. BRIDGE IMPROVEMENTS There is currently a one -lane bridge on Valley Mill Road where it crosses Abrams Creek. The owners of the subject property shall pay towards feasibility studies, engineering, or construction of improvements to this crossing. These monies, paid to Frederick County, VA, are to be set aside for said improvements, and may be considered by the county for matching funds. Said payments shall be $100.00 per residential lot, at the time the initial building permit is issued for said lot. The owner of the subject property shall be required to pay said monies until the Virginia Department of Transportation awards a contract for a two lane expansion and construction of these improvements on said bridge. 5. TURN LANES AND RIGHT OF WAY DEDICATION a) Right and left turn lanes shall be constructed on Senseny Road at the intersection with Channing Drive. Said lanes shall be constructed by the applicant at the time Channing Drive is connected to Senseny Road. b) Right and left turn lanes shall be constructed on Senseny Road at the intersection with the main entrance road into the Giles Farm subdivision. Greenway Engineering 0 C ! . i ,, Channing Drive Rezoning L•! t r+ %) c) Right-of-way shall be dedicated to the Commonwealth of Virginia along the entire frontage of Senseny Road. Said right-of-way shall extend 40' from the existing road centerline. d) The installation of a total of two turn lanes at the intersection of Senseny Road and Greenwood Road shall be included in the first site plan submitted for the B2 area, if two turn lanes have not yet been installed at said intersection. The necessity of said turn lanes, and their configuration will be subject to later review by the Virginia Department of Transportation. The owners of the subject property shall install said turn lanes or pay to the Virginia Department of Transportation up to $15,000 per turn lane towards the installation of said turn lanes. e) This paragraph shall apply to parcels 55-((A))-206, and 65-((A))-39, 39A: The first site plan submitted for either of these parcels which will result in more than 120,000 sf of commercial area for both parcels collectively shall result in an updated traffic study to determine if additional offsite improvements are required. Said traffic study shall require approval by the Virginia Department of Transportation. 6. DRAINAGE AND WETLANDS DEVELOPMENT Sediment forebays shall be constructed upstream of Twin Lakes in order to decrease the siltation of said lake and to settle out man-made impurities. These sediment forebays shall be constructed in such a way as to encourage their development into a wetland with locally indigenous vegetation and wildlife. 7. MONTETARY CONTRIBUTION TO OFFSET IMPACT OF DEVELOPMENT a) Residential: In the event rezoning application 415-9Sis approved for rezoning, the owners of the subject property will pay to the Treasurer of Frederick County, Virginia, $3,558.73 per residential lot prior to the initial building permit being issued for said lot This per lot monetary contribution provides for: $2,958.80 for Frederick County Public Schools $554.80 for Frederick County Parks and Recreation $45.13 for Frederick County Fire and Rescue These payments are intended to offset the additional cost to Frederick County due to an increased demand on public services. b) Commercial: In the event rezoning application AB-99is approved for rezoning, the owners of the subject property will pay to the Treasurer of Frederick County, Virginia, $3,898.68 prior to the initial building permit being issued within the B2 zoned area. This monetary contribution is intended to offset the additional capital costs to Frederick County for fire and rescue services. 0 Greenway Engineering Channing Drive Rezoning n93 5 L i i tl I u b ARTICLE IV: DRS. OEOROE SHEPPARD & ALLEN FUTRAL This article shall apply only to those properties currently owned by Drs. George Sheppard & Allen Futral, property identification numbers 55-((A))-209, 211, 213, and 65-((A))-40. The subject property is more particularly described as all of the land owned by Fu-Shep Farm Partnership as recorded in Deed Book 789 at Page 1022 and further described by a survey by Curtis L. McAllister dated February 13, 1990. The conditions proffered are as follows: 1. MAXIMUM DENSITY The total number of parcels shall be limited so as not to exceed a 2.2 unit per acre density for the entire collective area for parcels 55-((A))-209, 211, and 213, and a 2.5 unit per acre density for parcel 65-((A))-40. 2. PROHIBITED UNIT TYPES Townhouses, weak -link townhouses, and garden apartments, as defined in the Frederick County Zoning Ordinance, shall not be permitted. 3. PEDESTRIAN WALKWAYS Pedestrian walkways shall be provided in the master development plan in addition to required sidewalks. Nature trails shall be constructed by the applicant in open space areas, in dedicated easements, and in tandem with the regional stormwater management network. Said trails shall also link to similar trail systems in adjacent housing developments, and shall be six feet wide with a wood chip or mulched surface. See Exhibit A attached. 4. SOLID WASTE The owners of the subject property shall pay $100.00/mo. to Frederick County for the use of the solid waste facility located on the Greenwood Volunteer Fire Company property and serving the Greenwood/Senseny Road area. Said payment shall be made from the time Frederick County encumbers and signs a new lease for the expansion of said facility, or acquires another facility serving this general area, and shall continue for a period of ten years, or the term of said lease, whichever is less. 5. CHANNING DRIVE All of Channing Drive from Valley Mill Road to Senseny Road shall be constructed, open for traffic and dedicated to Frederick County before the 475th residential building permit is issued for any of the parcels listed in Article I of this proffer. 10 Greenway Engineering Channing Drive Rezoning r L, 6. TRAFFIC SIGNAL The owners shall make a $25,000 cash contribution towards the installation of a traffic signal at the intersection of Greenwood Road (Route 656) and Senseny Road (Route 657). This contribution shall be made to the Virginia Department of Transportation upon their request and upon approval by said department for the installation of this traffic signal. In the event a traffic signal is installed at said intersection before this contribution is made, the Virginia Department of Transportation may request the transfer of said contribution towards signalization at the intersection of Greenwood Road (Route 656) and Valley Mill Road (Route 659). The developer agrees to enter into a signal agreement with VDOT prior to final subdivision and/or site plan approval. 7. BRIDGE IMPROVEMENTS There is currently a one -lane bridge on Valley Mill Road where it crosses Abrams Creek. The owners of the subject property shall pay towards feasibility studies, engineering, or construction of improvements to this crossing. These monies, paid to Frederick County, VA, are to be set aside for said improvements, and may be considered by the county for matching funds. Said payments shall be $100.00 per residential lot, at the time the initial building permit is issued for said lot. The owner of the subject property shall be required to pay said monies until the Virginia Department of Transportation awards a contract for a two lane expansion and construction of these improvements on said bridge. 8. DRAINAGE AND WETLANDS DEVELOPMENT Sediment forebays shall be constructed upstream of Twin Lakes in order to decrease the siltation of said lake and to settle out man-made impurities. These sediment forebays shall be constructed in such a way as to encourage their development into a wetland with locally indigenous vegetation and wildlife. 9. MONETARY CONTRIBUTION TO OFFSET IMPACT OF DEVELOPMENT In the event rezoning application #15-99 is approved, and the property is subsequently developed within an RP zone, the undersigned will pay to the Treasurer of Frederick County, Virginia $4,205.14 per residential lot prior to the initial building permit being issued for said lot. This per lot monetary contribution provides for: $3,568.94 for Frederick County Public Schools $591.07 for Frederick County Parks and Recreation $45.13 for Frederick County Fire and Rescue This payment is intended to offset the additional cost to Frederick County due to an increased demand on public services. 11 Green way Engineering July 2, 1999 ` fanning Drive Rezoning SK954.1J� 1 557 ARTICLE V: SIGNATURES The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: :'i Robert A Giles, tor, Giles Farm Commonwealth of Virginia, �j Cit /Couunnty f 4- x 9xu ,� 11 r To Wit: The foregoing instrument was acknowledged before me this day of 1999 b � � y l:D2Q�' - Tc��fYLQ- Notary Public My Commission Expires4�)C. A , ohn Scully, )✓ynnehave C Commonwealth of Virginia, City�of To Wit: The foregoing instrument was acknowledged before me this �day of 1999 by 1 Notary Public t My Commission Expires `(MC'k CA \. :3 � , 12 Green way Engineering July 2, 1999 ianning Drive Rezoning cl� cj�a I I r Dr. George Sheppd v L- Margie Sheppard Commonwealth of Virginia, CityPCo t of Ll I Q A A C lr To Wit: The foregoing instrument was acknowledged before me this � h day of Q , 1999 by Notary Public My Commission Expires 1 ` �c"-"'� , a;c Dr. Allen Futral I �etty Futral Commonwealth of Virginia, U City/ ounty f n 4 �1 o n IC' To Wit: The foregoing instrument was acknowledged before me this}h day of U� , 1999 by C,spp / Notary Public My Commission Expires 4�q`6\c( , 13 Greenway Engineering } Channing Drive Rezoning U11 v ! t3 avid Madison, Manager, Manning and Ross, LLC Commonwealth of Virginia, City oC�unt�y`pf kQEU1� r �� To Wit: The foregoing instrument was acknowledged before me this day of 1999 by My Commission Expires Notary Public OD /Greg Bancroft, Manager, Manning and Ross, LLC Commonwealth of Virginia, Ci Coun of To Wit: li�The foregoing instrument was acknowledged before me this day of 1999 by / Notary Public My Commission Expires 14 AN A �6, I I :M 111 1 II COUNTY of FREDERICK F ER D RIE CK COUNTY PLANNING & DEVELOPMENT August 3, 2004 Mr. Kurt Pennington Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Subdivision Plan Comments - Channing Drive Road Design Frederick County, Virginia Dear Kurt: Department of Public Works 540/665-5643 FAX: 540/ 678-0682 Upon review of the revised subdivision plan dated June 24, 2004, it appears that all of our previous comments have been addressed. Therefore, we recommend approval of the subject plan. Sincerely, r Joe C. Wilder Deputy Director JCW/rls cc: Mark R. Cheran, Interim Zoning and Subdivision Administrator file A:\channingd rrd dsgncom.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 June 28, 2004 Thomas Moore Lawson, Esquire Lawson and Silek, P.L.C. P.O. Box 2740 Winchester, Virginia 22604 RE: Channing Drive, Phase 9 and 10 Dear Mr. Lawson: M. Flu CO COUNTY of FREDERICK Department of Planning and Development Hand Delivered 540/665-5651 FAX: 540/665-6395 I am in receipt of your letter dated June 21, 2004, in which you confirm that the Master Development Plan for the above referenced project would be revised to reflect three outstanding issues: a Community Center (§ 165-64.A); a 35-foot Riparian Buffer on both sides of the stream (§ 165-156); and a 25-foot Residential Separation Buffer along the project's western property line (§ 165-37.C). In an effort to facilitate improved communication, I have reviewed the various agency comments for the Master Development Plan (MDP) [§ 165 Article XVIII] and the Subdivision Design Plan (SDP) [§ 144] and identified those agency's which have not provided final approvals indicating compliance with their requirements. All agency approvals must be secured prior to final approval of either the MDP or the SDP. In terms of the MDP, the outstanding agency approval is the Planning Department; the three issues are identified in the above paragraph. Upon my receipt of a revised MDP which adequately addresses all review agency comments, including these three outstanding issues, the MDP will be placed on the Board of Supervisor's July 14`i' agenda. Per previous discussions, please provide 20 copies of the revised MDP to me by July 7, 2004. In terms of the SDP, a number of review agencies have yet to provide their respective approvals. These outstanding approvals for the SDP include: Public Works; Virginia Department of Transportation; Frederick County Sanitation Authority; Planning Department; Fire Marshal and the Parks and Recreation Department. Please work through these agencies to secure their approval of the SDP; provide such approved comment sheets to the Planning Department. The Subdivision Plats should reflect the applicable information from the approved SDPs, as well as approval signatures from the Virginia Department of Transportation, Frederick County Sanitation Authority, and the property owner. Once these signatures are secured, please forward the final plats and an appropriate monetary guarantee to the Planning Department for final plat approval by the 107 North Kent Street • Winchester, Virginia 22601-5000 Thomas Moore Lawson, Esquire Re: Channing Drive, Phase 9 and 10 June 28, 2004 Page 2 Subdivision Administrator. You will need to provide the Subdivision Administrator with three estimates to cover all improvements (roads, public utilities, recreational units [community center, parking, landscaping, and trails], etc.) identified on the SDP; the Subdivision Administrator will review the estimates and determine the required monetary guarantee. I would note that a Land Disturbance Permit will be required prior to disturbance of the property. The Land Disturbance Permit is handled by the Public Works Department. I understand that a number of unresolved issues continue to require attention. Please work through the Public Works Department to secure the necessary Land Disturbance Permits. Please co#tact me with questions regarding this letter and the development review process. Si Eric R. Lawrence, AICP Planning Director cc: ,,Stephen Collins, Eastern States Engineering /Webb Koschene, Toll Brothers, Inc. /1ohn R. Riley, Jr., County Administrator /Lawrence Ambrogi, County Attorney COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 June 21, 2004 Mr. Stephen S. Collins Eastern States Engineering P.O. Box 651203 Sterling, Virginia 20166-1208 RE: Channing Drive Phase 9; Subdivision Design Plan 3rd Review Dear Mr. Collins: I have had the opportunity to provide a 3°d review of the Charming Drive Phase 9, Subdivision Design Plan (SDP) # 15-03, received by this office on June 14, 2004. As you are aware, the revised Master Development Plan (MDP), has not yet been approved. The review of this plan remains cursory until the MDP is approved. Other plan review comments may be forthcoming, depending upon MDP approval status. The requirements pertaining to the proposed development of "Single Family Small Lots", as defined by Section § 165-65F, are reflected in the following comments: 1. The proposed use, Single Family Small Lots, has not yet been approved on the MDP. 2. Development of single family small lots requires a recreation facility/amenities per § l 65-64A&B. The proposed trail is a proffered amenity and does not count toward the recreation facility requirements. Provide the appropriate recreational amenities per § 165-64A&B. 3. Residential separation single family buffers are required on the southern and western boundaries of the project per §165-37C(1)(a)[2]. Provide the details of the full screen buffer. 4. Add a note on the SDP referring to the requirement that no detached accessory buildings are allowed {§165-65F(4). 5. Add a street light to the typical road cross section. 6. As oftoday, the following reviewing agencies/departments have not recommended approval: VDOT, Public Works and FCSA. The application seeking approval of this SDP is denied at this time. Please revise accordingly and resubmit. The ability to make additional comments is hereby reserved since the MDP is not yet approved. If you have any questions regarding this SDP 3`a review, feel free to call. Sincerely,, r *J Patrick T. Davenport Zoning and Subdivision Administrator PTD/bad cc�Shep Farm Partnership, 405 Briarmont Drive, Winchester, VA 22601 107 North Kent Street • Winchester, Virginia 22601-5000 EASTERN STATES ENGINEERING P.O. Box 651208 Sterling, VA 20165-1208 (703) 433-6254+FAX (703) 433-6204 11EUVIER O[F o LJV�LJVLJ���L���L� To Frederick County Department of Planning and Development Date June 14, 2004 Address 107 North Kent Street Winchester, VA 22601 Project Charming Drive Phase 9 Fu-Shep Property Project # Attention Subdivision Administrator Phone # 540-665-5651 WE ARE SENDING YOU: ® Attached ❑ Under separate cover VIA: ❑ US Mail ® Courier/Delivery ❑ Overnight Carrier ❑ Interoffice Mail ❑ Pick-up THE FOLLOWING ITEMS: ❑ Shop drawings ❑ Prints ® Plans ❑ Disk ❑ Specifications ❑ Samples ❑ Copy of letter ❑ Change order ❑ Other COPIES DATE NO. DESCRIPTION 2 June 14, 2004 54 Subdivision Design Plan for Channing Drive Phase 9 1 June 14, 2004 Comment response letter THESE ARE TRANSMITTED: ❑ For approval ❑ For your use ❑ As requested ® For review and comment ❑ FORBIDS DUE JUN 1 4 2,004 ❑ Approved as submitted ❑ Resubmit copies for approval ❑ Approved as noted ❑ Submit copies for distribution ❑ Returned for corrections ❑ Return corrected prints ❑ PRINTS RETURNED AFTER LOAN TO US Y? tt:�. _r � ° F`.1C'•.� .s ...,;ENT rLAidPiN SIGNED 7�� STEPHEN S. COLLINS JR., P.E. EASTERN STATES ENGINEERING, INC. If enclosures are not as noted, kindly notes us at once. Civil Engineering, Lana purveying and Land Planning Services EAsUN VIRGINIA DIVISION OFFICE S"TA W P O Box 651208 Sterling, VA 201651208 ENGINEERING FAX (703) 433-62(703) 433-620404 June 14, 2004 Mr. Patrick Davenport Frederick County Department of Planning and Development 107 North Kent Street Winchester, VA 22601-5000 Re: Charming Drive Phase 9; Subdivision Design Plan 2nd Review Dear Mr. Davenport: Please accept this letter as our response to the second submission review comments, dated May 7, 2004, on the subject Subdivision Design Plan for Charming Drive Phase 9, Fu-Shep, Lots 1-149. However, please note that per the Order by Consent signed by the County Attorney and Judge Prosser on April 28, 2004, the Subdivision Design Plan has been approved. These responses are provided in a continued effort to foster cooperation between my client and the county. DEVELOPMENT SERVICES DIVISION Comment 1. The Vicinity Map must be at a scale of 1:2000, showing all roads, properties, and subdivisions within 1,000' of the project. Specifically, show the lots and roads in existing Sovereign Village 2A and 2B. Response: The Vicinity Map has been updated as requested. Comment 2. The correct Magisterial District is Red Bud. Response: The Magisterial District has been updated as requested. Comment 3. Add the zoning district to the notes under "Zoning Requirements. " Response: The zoning district has been added as requested. Comment 4. Include the survey information for the perimeter boundary, the perimeter of the lots, and open space. Also, include centerline surveys of the proposed roads. Response: As discussed during our May 14, 2004, meeting the perimeter boundary survey information for Phase 9 has been added and is shown on sheet 5. The survey information for the lots and open space will be depicted on the plats and the centerline information is displayed on sheets 10-17. Corporate Office Regional Offices 2747 Philmont Avenue Brandywine Valley, PA Clinton, NJ Huntingdon Valley, PA 19006 (610) 647-1162 (908) 638-5270 (215) 914-2050 Comment 5. Add the adjoining property ownership information on the North side (Goldies LC), Sovereign Village 2B lots on the western side and parcel 65 A-40. Response: The adjoining property information has been added as requested for Sovereign Village. Please note that the limit of Phase 9 of Charming Drive does not share a boundary with Goldies LC and therefore has not been shown. Comment 6. The proposed use, Single Family Small Lots, has not yet been approved on the MDP. Response: Please note that the per the Order by Consent signed by Judge Prosser and the County Attorney on April 28, the Master Development Plan was approved on May 31, 2004 allowing the small lot use. Comment 7. The area tabulations for the parent parcels do not match the area tabulations for Phase 9. Provide a note referring to which parent parcel will have area developed in another phase. Response: A note has been added as requested summarizing the break down of the parent parcels that are included in Phase 9. Comment 8. Revise the open space calculation to reflect that steep slopes are now defined as greater than 50%. Revise the area tabulations to reflect the percentage of open space containing special environmental features per §165-63B. The location and total area of open space is depicted adequately but is subject to further review pending approval of the MDP. Response: The steep slope and open space calculations have been updated as requested. As noted above the MDP is approved. Comment 9. Provide legal references for existing water and sewer easements which are necessary to serve this subdivision. Response: The legal references for existing water and sewer easements into Apple Ridge and Senseny Glen subdivisions are no longer required. Comment 10. Include a cross section of sidewalk detail. Response: A cross section detail has been added as requested. Comment 11. Provide a drainage easement necessary for the southern project side into the Apple Ridge subdivision. Response: As discussed during our May 14, 2004, meeting a drainage easement from Apple Ridge subdivision is not required because an adequate outfall exists at the property line. Comment 12. Street lights are required at every intersection. Response: The streetlights were previously provided at every intersection and are shown on sheets 4-9. Comment 13. Where a utility easement is shown crossing a proposed lot inside the building restriction lines, merge the building restriction lines with the easement lines. Response: The building restriction lines have been updated as requested to correspond to easements that are more restrictive. In addition, as discussed during our May 14, 2004, meeting, a note has been added to the plans stating that if the easements are removed at some point in the future than the yard requirements as stated in the Zoning Ordinance apply to the lot. Comment 14. The proposed dwelling footprints are not required to be shown and the location illustrated on the SDP does not constitute approval of its location. Please remove the building footprints on the SDP. Response: As discussed during our May 14, 2004, meeting the building footprints will continue to be shown on the plans as requested by the Department of Public Works for grading purposes. However, a note has been added as requested stating that the location does not constitute zoning approval and a building permit must be acquired for each lot. Comment 15. Development of single family small lots requires a recreation facility/amenities per §165- 64A&B. The proposed trail is a proffered amenity and does not count toward the recreation facility requirements. Provide the appropriate recreational amenities per §165-64A&B. Response: Section 64A of the Zoning Ordinance states that a Community Center shall be provided for developments containing single-family small lot housing. A Community Center that meets the requirements of this section of the ordinance will be provided per Article III, Proffer 3 of the Channing Drive Rezoning. The proffered Community Center will be provided within Phases 1-4 (Giles Property) and per the proffer will be of adequate size for the 149 lots of Phase 9. In addition, please note that this SDP is in conformance with the MDP approved on May 31, 2004, by the Order by Consent. Comment 16. Residential separation single family buffers are required on the southern and western boundaries of the project per §165-37C(1)(a)[2]. Provide the details of the full screen buffer. Response: Details have been added for the full screen and interior seperation buffer as requested. Perimeter and Interior Residential Separation buffers are shown along the southern and western property boundaries as required. As stated in Section 165-37C of the Ordinance, Interior Separation buffers are to be provided to buffer different housing types within mixed -use developments. Since Phase 9 is part of the Channing Drive Rezoning, a mixed -use development, this is buffer that is provided along the western property boundary. In addition, please note that this SDP is in conformance with the MDP approved on May 31, 2004, by the Order by Consent. Comment 17. Add a note on the SDP referring to the requirement that no detached accessory buildings are allowed [§165-65F(4)]. Response: A note has been added on the SDP as requested stating that accessory buildings are not permitted with the small lot use. Comment 18. Include a proffer summary on Sheet 2 regarding total monetary payment due ($4,405.14) at time of building permit issuance. Response: A proffer summary has been added to Sheet 2 as requested. Comment 19. As of today, the following reviewing agencies/departments have not recommended approval at this time: VDOT, Public Works and FCSA. Response: Please note that per the Order by Consent signed by the County Attorney and Judge Prosser on April 28, 2004, the Subdivision Design Plans have been approved. We trust that this letter adequately summarizes our responses to your second submission review comments. Should you have any questions please do not hesitate to call me at (703) 433-6244. Sincerely, EASTERN STATES ENGINEERING, INC. Stephen Collins, Collins, Jr. P.E. Project Engineer cc: Mr. Webb Koschene, Toll Brothers, Inc. s M FILE copy COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 May 28, 2004 VIA FACSIMILE: 703-433-6204 Mr. Stephen S. Collins Eastern States Engineering P.O. Box 651203 Sterling, Virginia 20166-1208 RE: Channing Drive Phase 9: Final Plats Dear Mr. Collins: The final plats for the subject project were received by this office today for a preliminary review. As you are aware, the revised Master Development Plan (MDP) does not fully address all ordinance and agency review comments. The arrangement of the lots depicted on the final plats, appear to reflect the recently reviewed MDP. Additionally, staff has recently provided a review of the Subdivision Design Plan (SDP);.. We have yet to receive an SDP which addresses all ordinance and agency review comments. Staffwill provide review comments on the submitted final plats. Prior to obtaining final plat approval, the SDP must be approved in accordance with the approved MDP and the final plats must reflect the approved SDP. If you have any questions, please feel free to call. Sincerely, Patrick T. Davenport Zoning and Subdivision Administrator PTD/dlw cc: Fu-Shep Farm Partnership, 405 Briarmont Drive, Winchester, VA 22601 107 North Kent Street - Winchester, Virginia 22601-5000 EASTERN STATES ENGINEERING P.O. Box 651208 Sterling, VA 20165-1208 (703) 433-6254♦ FAX (703) 433-6204 HAND DEuvGRED 1L1E7V[9R OGF 41R[ ��044LaC� To Frederick County -Planning Dept. Date May 27, 2004 Address 107 North Kent Street Winchester, VA 22601 Project Channing Drive Phase 9 - Fu-Shep Property Project # Attention Mr. Patrick Davenport Phone # 540-665-5651 WE ARE SENDING YOU: ® Attached ❑ Under separate cover VIA: ❑ US Mail ❑ Courier/Delivery ® Overnight Carrier ❑ Interoffice Mail ❑ Pick-up THE FOLLOWING ITEMS: ❑ Shop drawings ❑ Prints ® Plans ❑ Disk ❑ Specifications ❑ Samples ❑ Copy of letter ❑ Change order ❑ Other COPIES DATE NO. DESCRIPTION 2 5-27-04 Record Plat for Channing Drive Phase 9 THESE ARE TRANSMITTED: ® For approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ❑ ❑ FORBIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS SIGNED��---- STEPHEN S. COLLINS JR., P.E. EASTERN STATES ENGINEERING, INC. If enclosures are not as noted, kindly notes us at once. RECEIVED MAY 2 8 2004 FREDERICK COUNTY PLANNING & DEVELOPMENT COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 May 7, 2004 VIA FACSI MILE: 703433-6204 FILE COPY Mr. Stephen S. Collins Eastern States Engineering P.O. Box 651203 Sterling, Virginia 20166-1208 RE: Channing Drive Phase 9; Subdivision Design Plan 2nd Review Dear Mr. Collins: I have had the opportunity to provide a 2nd review of the Channing Drive Phase 9, Subdivision Design Plan (SDP) #15-03, received by this office on April 29, 2004. As you are aware, the revised Master Development Plan (MDP), submitted for review on April 29, 2004, has not yet been approved. If approved by the Board of Supervisors, the revised MDP will permit the development of approximately 149 "Single Family Small Lots". The review of this plan shall be considered as cursory until the MDP is approved. Other plan review comments may be forthcoming, depending upon MDP approval status. The requirements pertaining to the proposed development of "Single Family Small Lots" as defined by Section § 165-65F, are reflected in the following comments: 2. 3. 4. 5. 6. 7. 01 The Vicinity Map must be at a scale of 1:2000, showing all roads, properties, and subdivisions within 1,000' of the project. Specifically, show the lots and roads in existing Sovereign Village 2A and 2B. The correct Magisterial District is Red Bud. Add the zoning district to the notes under "Zoning Requirements". Include the survey information for the perimeter boundary, the perimeter of the lots, and open space. Also, include centerline surveys of the proposed roads. Add the adjoining property ownership information on the North side (Goldies LC), Sovereign Village 2B lots on the western side and parcel 65-A-40. The proposed use, Single Family Small Lots, has not yet been approved on the MDP. The area tabulations for the parent parcels do not match the area tabulations for Phase 9. Provide a note referring to which parent parcel will have area developed in another phase. Revise the open space calculation to reflect that steep slopes are now defined as greater than 50%. Revise the area tabulations to reflect the percentage of open space containing special environmental features per § 165-63B. The location and total area of open space is depicted adequately but is subject to further review pending approval of the MDP. Provide legal references for existing water and sewer easements which are necessary to serve this subdivision. 107 North Kent Street • Winchester, Virginia 22601-5000 Mr. Stephen S. Collins Re: Channing Drive Phase 9 May 7, 2004 Page 2 10. Include a cross section of sidewalk detail. 11. Provide a drainage easement necessary for the southern project side into the Apple Ridge subdivision. 12. Street lights are required at every intersection. 13. Where a utility easement is shown crossing a proposed lot inside the building restriction lines, merge the building restriction lines with the easement lines. 14. The proposed dwelling footprints are not required to be shown and the location illustrated on the SDP does not constitute approval of its location. Please remove the building footprints on the SDP 15. Development of single family small lots requires a recreation facility/amenities per § 165- 64A&B. The proposed trail is a proffered amenity and does not count toward the recreation facility requirements. Provide the appropriate recreational amenities per § 165-64A&B. 16. Residential separation single family buffers are required on the southern and western boundaries of the proj ect per § 165-37C(1)(a) [2]. Provide the details of the full screen buffer. 17. Add a note on the SDP referring to the requirement that no detached accessory buildings are allowed {§165-65F(4)). 18. Include a proffer summary on Sheet 2 regarding total monetary payment due ($4,405.14) at time of building permit issuance. 19. As of today, the following reviewing agencies/departments have not recommended approval at this time: VDOT, Public Works and FCSA. The application seeking approval of this SDP is denied at this time. I am enclosing a marked copy of the plans to assist with the revisions. Please revise accordingly and resubmit. The ability to make additional comments is hereby reserved since the MDP is not yet approved. If you have any questions regarding this SDP review, feel free to call. Sincerely, Patrick T. Davenport Zoning and Subdivision Administrator N L1,1TO] cc: Fu-Shep Farm Partnership, 405 Briarmont Drive, Winchester, VA 22601 TRANSMISSION VERIFICATION REPORT TIME : 05/05/2004 07:51 NAME : FRED CO PLANNING DEP FAX : 5406656395 TEL : 5406655651 SER.# : BROC2J178677 DATEJIME 05/05 07:50 FAX NO./NAME 917034336204 DURATION 00:01:01 PAGE(S) 03 RESULT OK MODE STANDARD ECM COUNTY of FREDERICK Department of Planning and Development 107 North Kent Street . Winchester, Virginia 22601-5000 Telephone: 540/665-5651 FAX:540/665-6395 FAX TRANSMISSION TO: COMPANY: FAX #: Remarks: Date: d Number ofPages including cove, sheet): A��L y 'may � �,-�,w �z .�.4A4��? COUNTY of FREDERICK Department of Planning and Development 107 North Kent Street • Winchester, Virginia 22601-5000 Telephone: 540/665-5651 FAX:540/665-6395 FAX TRANSMISSION TO: COMPANY: FAX #: �03 Remarks: Date: d Number of Pages including cover sheet): From the desk of: October 29, 2004 Thomas Moore Lawson Lawson and Silek, P.L.C. P.O. Box 2740 Winchester, Va. 22604 RE: Toll Brothers Dear Ty: COUNTY of FREDERICK Kris C. Tierney Assistant County Administrator 540/665-5666 Fax 540/667-0370 E-mail: ktiemey@co.frederick.va.us Following your letter of October 22, 2004, our meeting on October 26t'', and your request for a written response, I will again attempt to explain the county's position regarding the recreational requirements for single-family small lots as set out in our Zoning Ordinance. Your letter, and the calculations provided via email from Mr. Stephen Collins which was attached, made clear where the misunderstanding resides. While we agree with Paragraph 2 of Mr. Collins' email regarding the value of the community center to be provided, his interpretation (provided in Paragraph 1) of the wording of Section 165-64, Recreational Facilities, Paragraph `A' as it pertains to number of recreational equivalent units required for the project is in error. The portion of Section 165-64.A which is in question reads as follows: "Housing =es (emphasis added) with lot sizes of less than 5,000 square feet shall provide the following recreational units or equivalent recreational facilities, for each 30 dwelling units." As we discussed, the term "housing types" refers to those categories of housing described in later sections ofthe County's Residential Performance (RP) zone. Examples would be: "single-family detached rural traditional"; "single-family detached urban"; "single-family detached zero lot line"; "single-family small lot"; and "multiplex," to list a few. Within the RP zoning classification, each of these "housing types" has certain unique features and/or requirements associated with it such as setbacks, minimum lot size and required open space. Although "single-family small lot housing" (which your client proposes to utilize) is the only housing type in which a community center is a required amenity, it is one of a number of"housing types" which allows for lots under 5,000 square feet and is thus required under 165-64.A to provide other recreational amenities in addition to the community center. 107 North Kent Street • Winchester, Virginia 22601 Toll Brothers Page 2 October 29, 2004 All categories of housing, or "housing types" which allow for lot sizes under 5,000 square feet are required to provide recreational facilities under 165-64.A regardless of the actual lot sizes that are ultimately platted. The section does not read'.... provide the following recreational facilities for each 30 lots under 5, 000 squarefeet' as Mr. Collins' interpretation implies. Thus, in addition to the community center, your client's project would require an additional 4.97 recreational equivalent units (149 units _ 30 = 4.97) or $89,460.00 (4.97 x $18,000.00) worth of recreation facilities. With the above in mind, the combined amount for the community center and other recreational amenities totals $357,660.00. This amount (along with any other public improvements or infrastructure such as roads, curb and gutter, streetlights, sidewalks, trails, and sewer and water) will need to either be installed or bonded prior to County approval of the final plats for relevant sections of the development. As I mentioned in my last letter and again during our October 27t' meeting, if the issue is one of the time value of money, an option for your client would be to plat (record) the development in sections as they prepare to construct them. In this way, only those amenities or improvements associated with the approved, platted portion(s) of the development would need to be bonded. Procedures are in place to allow for periodic requests to reduce the bond amount as the improvements are completed. Ultimately, if it can be demonstrated that installed recreational amenities meet or exceed the total dollar value of what is required, the issue of how large a bond is required becomes moot. Our hope is that your client will understand and accept this explanation of our requirements and process, submit the appropriate surety amount and proceed with their project. As always, I am available if you wish to discuss the matter further. Sincerely, ti 4�nl s C. Tierney, AICP Assistant County Administrator KCT/cih cc: Board of Supervisors Larry Arnbrogi, Commonwealth's Attorney John R. Riley, Jr., County Administrator Eric Lawrence, Director of Planning and Development LAWSON AND SILEK, P.L.C. 160 METER DRIvE, SUITE 103 Posy OFFICE Box 2740 WINcrosm, VA 22604 TELEPHONE: (540) 665-0050 FAcSUMLE: (540) 7224051 October 22, 2004 Kris C. Tierney, Assistant County Administrator County Administration Building 107 North Kent Street Winchester, VA 22601 Eric Lawrence, Planning Director Department of Planning and Development 107 North Kent Street Winchester, VA 22601 Re: Toll Bros., Inc. Our File No. 600.001 VIA FACSIMILE AND U.S. MAIL Dear Kris and Eric: This is a follow up to my telephone conversation of yesterday with Kris. I enclose a memo, which reflects the calculation for the recreational units' requirement for Phases 9 and 10 Channing Drive, known as the Fu-Shep property. Per my conversation with Kris, it is my understanding that if we can agree to the bond amount for the recreational units, then we will be able to proceed with the development. Please review the enclosed and advise me of any comments. As you know, we are most anxious to proceed with this project. Thank you for your assistance and, cooperation. I look forward to hearing from you shortly. Very truysur� Tho as oore Lawson TML: atd Enclosure cc: Toll Brothers, Inc. Larry Ambrogi, Esquire FRONT ROYAL ADDREss: Posr OmcE Box 602, FRONT Raw, VutcnvrA 22630, TELEPHONE: (540) 635-9415, Fkcsnmm (540) 635-9421, E-mmu SYLEKJ@LYNxcoNNEcr.com Page 1 of 1 Alison From: Tlawson [tlawson@lspic.com] Sent: Friday, October 22, 2004 4:17 PM To: Alison Dow Subject: FW: Channing Drive Phase 9 & 10 -----Original Message ----- From: Stephen Collins [mailto:SCOLLINS@eseeng.com] Sent: Monday, October 18, 2004 12:45 PM To: Tlawson@lspic.com Cc: Webb Koschene Subject: Channing Drive Phase 9 & 10 Ty, Under Section 165-64 of the Zoning ordinance there are two requirements for equivalent recreational facilities. Please note that the approved MDP notes that a "Maximum of 22.3 equivalent recreational units" are to be provided. 1) 1 recreational equivalent unit for each 30 lots under 5,000sf. As noted on sheet 1 of the approved MDP there shall be no lots less than 5,000sf in Phases 9 or 10. In addition, our SDP for Phase 9 clearly shows that all lots are greater than 5,000sf. Therefore zero equivalent recreational units need to be provided for this requirement. 2) Small lot housing shall provide a community center that provides for the equivalent of 3 recreational units per 30 lots. Phase 9 (Small Lot) 149 lots/30 x 3 = 14.9 equivalent recreational units required Per our conversations with the Planning Department and Parks and Rec. an equivalent recreational unit is $18,000. Therefore, 14.9 equivalent units x $18,000 per unit = $268,200 Please let me know if you need any additional information. Thank you Steve Incoming mail is certified Virus Free. Checked by AVG anti -virus system (http://www.grisoft.com). Version: 6.0.779 / Virus Database: 526 - Release Date: 10/19/2004 10/22/2004 E V E WE LAWSON AND SILEK, P.L.C. 160 EXETER DRIVE, SUITE 103 POST OFFICE BOX 2740 WINCHESTER, VA 22604 TELEPHONE: (540) 665-0050 FACSIMILE: (540) 7224051 October 22, 2004 Kris C. Tierney, Assistant County Administrator County Administration Building 107 North Kent Street Winchester, VA 22601 Eric Lawrence, Planning Director Department of Planning and Development 107 North Kent Street Winchester, VA 22601 VIA FACSIMILE AND U.S. MAIL Dear Kris and Eric: OCT 2 6 2004 FREDERICK COUNTY PLANNING & DEVELOPMEI Re: Toll Bros., Inc. Our File No. 600.001 This is a follow up to my telephone conversation of yesterday with Kris. I enclose a memo, which reflects the calculation for the recreational units' requirement for Phases 9 and 10 Channing Drive, known as the Fu-Shep property. Per my conversation with Kris, it is my understanding that if we can agree to the bond amount for the recreational units, then we will be able to proceed with the development. Please review the enclosed and advise me of any comments. As you know, we are most anxious to proceed with this project. Thank you for your assistance and cooperation. I look forward to hearing from you shortly. Very t ours, I l� Lawson TML: atd Enclosure cc: Toll Brothers, Inc. Larry Ambrogi, Esquire FRONT ROYAL ADDRESS: PosT OFFICE Box 602, FRONT ROYAL, VIRGINIA 22630, TELEPHONE: (540) 635-9415, FACSIMILE: (540) 635-9421, E-MAIL: SILEKj*LYNxcoNNECT.COM Page 1 of 1 Alison From: Tlawson [tlawson@lspic.com] Sent: Friday, October 22, 2004 4:17 PM To: Alison Dow Subject: FW: Channing Drive Phase 9 & 10 -----Original Message ----- From: Stephen Collins (mailto:SCOLLINS@eseeng.com] Sent: Monday, October 18, 2004 12:45 PM To: Tlawson@lsplc.com Cc: Webb Koschene Subject: Channing Drive Phase 9 & 10 Ty, Under Section 165-64 of the Zoning ordinance there are two requirements for equivalent recreational facilities. Please note that the approved MDP notes that a "Maximum of 22.3 equivalent recreational units" are to be provided. 1) 1 recreational equivalent unit for each 30 lots under 5,000sf. As noted on sheet 1 of the approved MDP there shall be no lots less than 5,000sf in Phases 9 or 10. In addition, our SDP for Phase 9 clearly shows that all lots are greater than 5,000sf. Therefore zero equivalent recreational units need to be provided for this requirement. 2) Small lot housing shall provide a community center that provides for the equivalent of 3 recreational units per 30 lots. Phase 9 (Small Lot) 149 lots/30 x 3 = 14.9 equivalent recreational units required Per our conversations with the Planning Department and Parks and Rec. an equivalent recreational unit is $18,000. Therefore, 14.9 equivalent units x $18,000 per unit = $268,200 Please let me know if you need any additional information. Thank you Steve Incoming mail is certified Virus Free. Checked by AVG anti -virus system (http://www.grisoft.com). Version: 6.0.779 / Virus Database: 526 - Release Date: 10/19/2004 10/22/2004 10/22/2004 16:47 FAX ZOO 1/003 LA'WSON AND SILEK, P.L.C. 160 EXETM DRIVE, SUITT 103 POST OFFICE Box 2740 WINCHESTER, VA 22604 TP,[.rmioNE: (540) 665-MO FACsIMILR: (540) 722-1051 Date: To: From: Our File No: Number of pages including cover: Message: E-MAIL- TLAWSONCLSPLC.COm FACSIMILE COVER SHEET October 22, 2004 Mr. Eric R. Lawrence (540) 665-6395 Mr. Kris C. Tierney (540) 667-0370 Thomas Moore Lawson, Esquire 600,001 3 The information contained in this facsimile message is information intended only for the use of the individual or entity named above, and may be attomey/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 as by telephone and return the original message to us at the above address via the U.S. Postal Service. Thank you. FRo,NT ROYAL ADDRPS5: POsl' OMCE BOX 602, FOOT'[ ROYAL, VrRmih 22630, TELEPHONE- (.SdO) 63s9a 15, FAcsimmL': (540) 63;9421, E mAiu SILEICJQaMAorxLuae.NG.:- C-)g, Fob— f 10/22/2004 16:47 FAX 12002/003 LAWSON AND SILEK, P.L.C. 160 EXtTEx DR[vE, SUITE 103 POST OFFICE Rox 2740 WINCHESTER, VA 22604 TELEPHONE: (540) 665-0050 FAcslMM& (540) 7224051 October 22, 2004 Kris C. Tierney, Assistant County Administrator County Administration Building 107 North Kent Street Winchester, VA 22601 Eric Lawrence, Planning Director Department of Planning and Development 107 North Kent Street Winchester, VA 22601 Re: Toll Bros., Inc. Our File No. 600.001 VIA FACSIMILE AND U.S. MAIL Dear Kris and Eric: This is a follow up to my telephone conversation of yesterday with Kris. I enclose a memo. which reflects the calculation for the recreational units' requirement for Phases 9 and 10 Channing Drive, known as the Fu-Shep property, Per my conversation with Kris, it is my understanding that if we can agree to the bond amount for the recreational units, then we will be able to proceed with the development, please review the enclosed and advise me of any comments. As you know, we are most anxious to proceed with this project. Thank you for your assistance and cooperation, I look forward to hearing from you shortly. Very tru , Tho as ooze Lawson TML: atd Enclosure CC" Toll Brothers, Inc, Larry A mbrogi, Esquire FgoN-r RorAL ADEIMMi POST OMcE Box 602, nWNT RMI, VmauqA 22630, Tuxrnon; (540) 63"415, FArman Fi (s40) 634-4421. E-MML= Sl4mjC- LYNxcoriNEcT.COM 10/22/2004 16:48 FAX 2 003/003 Page 1 of 1 Alison From: Tlawson [tlawson@lsplc.com] Sent: Friday, October 22, 2004 4:17 PM To: Alison Dow Subject: FW: Channing Drive Phase 9 & 10 -----Original Message ----- From: Stephen Collins [mailto:SCOLLiNS@eseeng.com] Sent: Monday, October 18, 200412:45 PM To: Tlawson@Ispic.com Cc: Webb Koschene Subject: Channing Drive Phase 9 & 10 Ty, Under Section 165-64 of the Zoning ordinance there are two requirements for equivalent recreational facilities. Please note that the approved MDP notes that a "Maximum of 22.3 equivalent recreational units" are to be provided. 1) 1 recreational equivalent unit for each 30 lots under 5,000sf. As noted on sheet 1 of the approved MDP there shall be no lots less than 5,0005f in Phases 9 or 10. In addition, our SDP for Phase 9 clearly shows that all lots are greater than 5,000sf. Therefore zero equivalent recreational units need to be provided for this requirement. 2) Small lot housing shall provide a community center that provides for the equivalent of 3 recreational units per 30 lots. Phase 9 (Small Lot) 149 lots/30 x 3 = 14.9 equivalent recreational units required Per our conversations with the Planning Department and Parks and Rec. an equivalent recreational unit Is $18,000. Therefore, 14.9 equivalent units x $18,000 per unit = $268,200 Please let me know if you need any additional Information, Thank you Steve Incoming mall Is certlfled Virus Free. Checked by AVG anti -virus system (http://www,grisoft.corn). Version: 6.0.779 / Virus Database: 526 - Release Date: 10/19/2004 10/22/2004 § 165-64 FREDERICK COUNTY CODE § 165-64. Recreation facilities. A. Housing types with lot sizes of less than 5,000 square feet shall provide the following recreational units or equivalent recreational facilities, for each 30 dwelling units. All such developments shall contain at least one such recreational unit. In addition, developments containing single-family small lot housing shall provide a community center that provides for the equivalent of three age -appropriate recreational units for each 30 dwelling units. The facilities shall be in a configuration and location that is easily accessible to the dwelling units that they are designed to serve. The design and amount of facilities shall be approved by the Planning Commission, in conjunction with the Administrator and the Department of Parks and Recreation, using the following recreational unit as a guideline. The design of such facilities shall be approved at the time of site plan review. [Amended 10-27-19991 B. A recreational unit is designed to meet the recreational needs of 30 dwelling units. The units may be broken into smaller units or added together to meet the needs of the total development. An example recreational unit shall be as follows: (1) Tot -lot: Quantity Equipment 1 Slide (8 feet high, 16 feet long) 1 set Swings (10 feet high, 4 seats) 1 Climber (13 feet, geodesic) 2 Spring animals 1 Sandbox 1 Whirl (10 feet in diameter)- (2) Or any equivalent recreational facilities including: (a) Swimming pools. (b) Tennis courts. (c) Half basketball courts. (d) Athletic fields. (e) Picnic shelters. 16584 12-15-99 § 165-65 ZONING § 165-65 (c) A maintenance easement of eight to 10 feet in width must be obtained on the lot adjacent to the zero lot line side. F. [Amended 10-27-1999; 8-9-2000] Single-family small lot. Single- family small lot housing shall be a single-family detached or attached residence on an individual lot. No more than two units may be attached together. The intent of this housing type is to provide an alternative to conventional single-family lots that can be tailored to the unique needs of specialized populations such as those of the older person. (1) Dimensional requirements shall be as follows: (a) Minimum lot size: 3,750 square feet. (b) Off-street parking spaces: 2. (c) Setback from state road: 25 feet. (d) Setback from private road: 20 feet. (e) Rear yard: 15 feet. (f) Side yard: Zero lot line option may be used with this housing type. If chosen, the minimum side yard shall be 10 feet for that yard opposite the zero lot line side. If not chosen, the minimum side yard shall be five feet. (g) When the attached option for the single-family small lot housing unit is chosen, the minimum building spacing requirement shall be 20 feet. (h) Supplementary setbacks: [1) With the single-family small lot housing type, decks may extend five feet into rear yard setback areas. [2) Where single-family small lot housing abuts open space, decks may extend up to 12 feet into rear yard setback areas. [3) Front porches, stoops and steps may extend eight feet into front yard setback areas. (2) A minimum of 20 landscape plantings shall be provided on each individual lot. At least 1/4 -of the landscape plantings shall be trees, with the remainder being shrubs. The trees shall be a minimum 16589 s - 25 - 2000 § 165-65 FREDERICK COUNTY CODE § 165-65 of two inches in caliper at time of planting, and the shrubs shall be a minimum three -gallon container at time of planting. (3) Maximum building heights shall not exceed 35 feet in height. (4) Detached accessory buildings shall not be permitted. G. Duplex. A "duplex" is a single-family semidetached residence, having one dwelling unit from ground to roof and only one wall in common with another dwelling unit. The two dwelling units in a duplex building may or may not have individual outside access. (1) Dimensional requirements shall be as follows: Minimum Lot Average Lot Area per Area per Unit Unit Number of (square (square Off -Street Bedrooms feet) feet) Parking Spaces 1 4,500 5,000 2 2 5,000 5,500 2.25 3 plus 5,500 6,000 2.50 DUF (2) Minimum yards shall be as follows: (a) Setback from the road right-of-way: 25 feet. 16590 9 - 25 - 2000 § 165-65 ZONING § 165-65 (b) Side yard (one side only): 10 feet. (c) Rear yard: 25 feet. (3) Maximum building height shall be as follows: (a) Principle building: 35 feet. (b) Accessory buildings: 20 feet. H. Multiplex. A "multiplex" is an attached residence containing three to four dwelling units. Units may or may not have independent outside access. Units within multiplex structures may be arranged side to side, (Cont'd on page 16591) 16590.1 9 -1- 2000 § 165-65 ZONING § 165-65 back to back or vertically. The average number of dwelling units per structure shall be four or less. (1) Maximum gross density shall be eight units per acre. (2) Dimensional requirements shall be as follows: Minimum Lot Average Lot Area per Area per Unit Unit Number of (square (square Off -Street Bedrooms feet) feet) Parking Spaces Efficiency 1,200 1,500 2 1 2,000 2,200 2 2 2,700 2,900 2.25 3 plus 3,000 3,300 2.50 WE (3) Maximum site impervious surface ratio shall be 0.50. (4) Minimum yards shall be as follows: (a) Setbacks shall be as follows: Ill Thirty-five feet from road right-of-way. [21 Twenty feet from parking areas or driveways. (b) Side shall be 15 feet from perimeter boundaries. (c) Rear shall be 25 feet from perimeter boundaries. 16591 12-15-99 § 165-65 FREDERICK COUNTY CODE § 165-65 (5) Minimum building spacing shall be 30 feet. (6) Maximum building height shall be as follows: (a) Principle building: 35 feet. (b) Accessory buildings: 20 feet. I. Atrium house. An "atrium house" is a single-family attached, one- story residence, with individual outside access to the dwelling unit. The lot shall be enclosed by a wall at least six feet high. This wall shall be constructed of similar or comparable materials as the house walls. A private yard, herein called "an atrium," shall be included on each lot. All living spaces, i.e., living rooms, den and bedrooms, shall open onto the atrium. No more than six individual dwelling units may be attached in any one building. (1) Maximum gross density shall be eight units per acre. (2) Dimensional requirements shall be as follows: Minimum Average Lot Area Lot Area per per Dwelling Dwelling Unit Unit Off -Street Minimum Number of (square (square Parking Lot Width Bedrooms feet) feet) Spaces (feet) 1 2,000 2,200 2 35 2 2,700 2,900 2.25 35 3 plus 3,000 3,300 2.50 40 16592 12-15-99 I/iA 6 1 J06 bi the /r, FYI October 15, 2004 Thomas Moore Lawson Lawson and Silek, P.L.C. P.O. Box 2740 Winchester, VA 22604 RE: Toll Brothers Dear Ty: COUNTY of FREDERICK Kris C. Tierney Assistant County Administrator 540/665-5666 Fax 540/667-0370 E-mail: ktiemey@bco.frederick.va.us Responding to your October 13th letter regarding the timing of, and bonding for, recreational amenities required as part of your client's project, we appear to be close to agreement. As we discussed, county ordinances require that all public improvements contained within a project either be in place or bonded prior to subdivision plat approval. It is entirely up to your clients as to whether they choose to plat all of Phase 9 as a single subdivision or plat it in multiple sections. We merely offer the option of platting multiple sections as a means of allowing for bonding of improvements in proportionate amounts rather than all at once. In the end, whatever improvements are linked to, or required, by an individual subdivision section must be bonded prior to the county's signing off on the relevant plat(s). With the above in mind, your proposal to: • bond the required community center prior to any construction, • commence construction of the community center prior to issuance of the 100' certificate of occupancy, complete construction of the community center prior to completion of Phase 9, begin construction of the walking trails providing access to the lake and open space by the end of November 2005 with construction to be completed prior to April 2006; appears workable with a few minor modifications. First, the bond will need to be provided prior to subdivision plat approval. Second; the precise amount of the bond will need to be agreed to by the relevant departments based on an analysis of the required and/or proffered improvements (the bond amount must cover the cost of roads, sewer and water etc., in addition to recreational amenities). Finally, a more definitive benchmark for completion of the community center is desired. We would like to suggest prior to issuance of the 125' certificate of occupancy. 107 North Kent Street • Winchester, Virginia 22601 Toll Brothers Bonding Letter Pag 2 October 15, 2004 Concerning future reductions to the bond, it the county's practice to make appropriate reductions in posted bond amounts, as requested, provided relevant facilities have been installed; therefore, the notion of reductions being made for your client's project present no problem. If we can agree on the above, the issue which remains outstanding is your proposal for the county to somehow provide reductions in the bond amount for amenities provided in the Sovereign Village project. As I attempted to explain during our phone conversation, recreational amenities within Sovereign Village were either required by that portion of the Channing Drive project or proffered as a part of the initial rezoning. Likewise, the small lot housing your client has proposed triggers a requirement for various recreational amenities, including a community center within your client's portion of the overall project. I am unable to envision a method in which we could count required or proffered amenities provided in one portion of a project (and the responsibility of a separate owner) against amenities similarly required in another. To do so would essentially mean double counting these amenities, once for the units in Sovereign Village, and then again for the units your client proposes to construct. Again, in closing, it appears we are close to agreement. As I mentioned, the details of the ultimate bond amount will need to be worked out through the Planning Department based on established procedures. The time -line you propose for installation seems reasonable (although we'd like to better tie down the point of completion of the community center) and the county is willing to approve reductions in bond amounts for improvements as they are completed by your client. My hope is that we can agree that future reductions to your client's bond would be limited to amenities that they themselves provide. Please let me know if further dialogue is needed. Sincerely, Kri C. Tierney, AICP Assistant County Administrator KCT/cih cc: Board of Supervisors Larry Ambrogi, Commonwealth's Attorney John R. Riley, Jr., County Administrator Eric R. Lawrence, Director of Planning & Development C:\Cfli\KCT CmespondenceEETTERS 2004-2005\1awsonto11bond.wpd D KS E 0 2004 FREDERICK PLANNING & DI 1 10/13/2004 16:50 FAX Z 001/003 LA,.WSON AND SILLK, P.L.C. 160 EXETER DIUVE, Svm 103 POST OFF1C8 SOX 2740 WINCHC3TER, VA 22604 TELErnone: (540) 6654050 FACWKWEc (540) 722J051 FACSIMILE COVER SHEET Date: October 13, 2004 To; Mr. Kris C. Tierney Fax Number: (540) 667-0370 From: Thomas Moore Lawson, Esquire Our File No: 600.001 Number of pages including cover: 3 Message: The information contained in this facsimile message is information intended only for the use of the 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 via the U.S. Postal Service. 'Dank you. FRONT ROYAL ADDR►88: POST OMC[ BOX 602, FRONTROYAL, V JRGR+EA 2Y6M, Tz1VPHQNff: (540) 635,9415, ELC01MIL[: (540) 6359411, 6 M.n.- ETcciu(a�va.vnun[.Nrr 45 ,L cfcb k,, ) 10/13/2004 16:50 FAX Ia 002/003 LAWSON AND SILEK, P.L.C. 160 EXXWR DRP13, SVIT9 103 POST OpMCC Wx 2740 WANCRgmR, VA 22604 secEr"0Px- (sue) 665-Me FACSIMIM, (540) 722-4051 October 13, 2004 Mr. Kris C. Tierney Assistant County Administrator 107 N. Kent Street Winchester, VA 22601 Re: Toll Bros., Inc. Our File No, 600.001 VIA FACSIMILE AND U.S. MAIL Dear Kris: This is a follow up to our recent telephone conversations concerning the Toll Bros., Inc. development of Charming Drive, Phases 9 and 10. As you know, a question has arisen concerning the timing of the bonding and construction of recreational improvements at the site. There have also been discussions about submitting plats for various blocks of lots within Phases 9 and 10. 1 further understand from our conversations that the County wants to ensure that the recreational improvements are installed as part of Phase 9, even though the community center, which is shown on the master plan, is located immediately adjacent to the construction of the residential units in Phase 10. In principle, Toll Bros. has no objections to the County's positions as have been outlined above. The key issue is the timing of the bonding and construction of the recreational amenities, which include the community center. Toll Bros. does not want to submit separate plats for portions of Phase 9 and the intention is to proceed with the two Phases already submitted. a I propose that Toll Bros. post a bond for the community --center with a value of $400,000.00 before commencement of construction in Phase 9, Toll Bros. agrees that the community center will be completed before the buildout of Phase 9. In order to ensure the same, Toll Bros. would agree that construction of the community center would commence no later than the Certificate of Occupancy issued for the 100" home. In addition, Toll Bros. would agree to construct the walking trails, access to the lake, and open areas, to be completed on or before the end of April, 2006, and this work would start by the end of November, 2005. As an aside, Toll Bros. believes that the community center construction and remodel will start in November of 2006 and be completed by May of 2007. By providing both triggers of calendar and year dates and issuance of the Certificates of Occupancy, the County is guaranteed the completion of these recreational amenities, n aNr "AL ADDVA /. Posy OM" Year 602, y*— FMAL. VLAOROA 2X",19L9rMM9! (M) GM.vus, VAcruw,c: (..u0) 63S-M1, Lwuu SII WOM+ LYNXCOMRaCTXOM 10/13/2004 16:51 FAX 1a003/003 Mr. Kris Tierney October 13, 2004 Page 2 Further, as agreed previously and as stated in the master plan, there will need to be an agreement between Toll Bros. and the County that the full bond posted for the recreational amenities will be proportionately released as the recreational amenities are installed and credit !;'t given for existing Sovereign Village amenities. We will need to agree in the future as to how and when those credits could be accrued. T understand from our conversations that you will review this letter with Planning and advise if we have a workable solution. As you know, Toll Bros. is anxious to proceed with the recordation of the plats. Thank you for your continued assistance and cooperation, i look forward to hearing from you. TML:atd cc: Toll Bros., Inc. Thorr�s oore Lawson 08/12/2004 18:18 FAX U 001/002 LAWSON ANDSYLEK, P.L.C. 160 EXETER DRIVE, SLATE 103 POST OFFICE BOX 2740 WINCHESTER, VA 22604 TELEPHONE: (540) 665-0050 FACSIMILE_ (540) 722-4051 Date: To: Fax Number: From: Our File No: Number of pages including cover: Message: E-MAIL: TLAWSON®LSPLC.COM FACSIMILE COVER SHEET August 12, 2004 Eric R. Lawrence, AICP (540)665-6395 D AUG 12 V4 FREDERICK COUNTY PLANNING & DE\I OPMENT_ Thorn as Moore Lawson, Esquire 600.001 2 Please see attached letter from the Frederick County Sanitation .Authority regarding the Channing Drive Subdivision. The information contained in this facsimile message is information intended only for the use of the 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 via the U, S. Postal Service. Thank you. FRONT ROYAL ADDxW; POST OfmL BOz 602, FiaNT ROYAL VIRGIi-0IA 22630, TELEPHONE: (540) 6,19.9415, F,,C5TWLF; (540) 635-942I, E-MAIL: 51LBKJ@),AMAON,rt45.NET 08/12/2004 16:10 5408F81061 FREDERICK COUNTY SANITATION AUTHORITY JAMCS T. ANDERSON. Chairman DARH'IN S. BRADEN, Vice-chairman ROBERT P. MOWERY, C.P.A., Sec -treasurer JOHN STEVENS RICHARD A. RUCKMAN, P.E. FCSA PAGE 01 �ECE I VE AN f 2 0 01 P.O. Box 1877 Winchester VA 22604-8377 August 12, 2004 FREDERICK INNING & DI EngmeerrDir,rdar Ph. - ($40) 868-1061 Fax. - (540) 368-1429 Mr, Thomas Lawson Faxed: 722-4051 160 Exeter Drive Winchester VA 22601 REFERENCE: Channing Drive Subdivision, Dear Mr. Lawson_ This is to clarify the Authority's recent comment concerning the plans for the referenced subdivision. The Authority requires the sewer easement to extend to the adjoining upstream property in order for the twenty-one inch diameter sewer line Serving the Senseny Regional Pump Station to be constructed to mitigate relieve an existing overloaded condition in the Frederick -Winchester Service Authority's Abrams Creek Trunk. Otherwise there are no changes from the previous comments. Sincerely yours, W. H, Jones, F. E. Engineer -Director /t:hs cf: Eric Lawrence Post-IVFax/Note 7671 as'e��/ pa°qes To Fromt4O/i co,rGoe�t .Ctd C� Co. !� f Phone# Phone* kfl -/o&/ Fax /./11 Z179- Fax# g&8-IVA WATER AT YOUR SERVICE 10/27/2004 09 07 `5408GRIOG1 FCSA FREDERICK COUNTY \�J SANITATION AUTHORITY P.O. Box 1877 Wlncheseer VA 22(A0•b8377 JAMES T. ANDER50K Chairman DARWIN S. BRADEN. Wc"hairman ROBERT P. MOWERY. C.P.A.. Svc-IKaBarer JOHN STEVENS RlCkfARD A. RUCKr AY. P.E. Site Plan, Review "Comments" Wellington H. Jones. P.E. Engineer-0freeror Ph.-I�+U)1+68-In61 Fax. -(540) 4611-1429 7.2"A4/ Date: 30 5,� o y 5T,� TiES AEiVG'/NGWR/iVX Attention .21100 RM&T 7"e" c /RCL ,F r 130 5 T,�.�� COZ L 1.rs PAGE 01 PR03ECT CSA0ti /�y� ,Dr4 /Y4 - PiS/i�s-f' 9 - L pr3 d'� T,6��G 93 REVIEW STATUS 5 review no. correct and resubmit jp:ro:ye:d::.aa:sno:ud approved number of items to be corrected DRAWINGS send me by prints S.lTS �� 3 S� � /D/ �� r black and white mylar sheets 3 3� -s Al Yl�fA S aF S 4,#,F S,e�E,Ers i� •¢y ��a �4 cLE'�S,r � moo ��v OTHER C 4 Sz ZEFcyk cf., 72KF 1014 TS SRC Ar-1004 7-0 Z�0- John G. Whitacre Senior Engineer WATER AT YOUR SERVICE ne"r_n7_�)MMA M(3 raj SdGAAAAI AA1 99i 0 a, Control number SP04-0056 Project Name Channing Drive Phase 9 Address PO Box 651208 Type Application site plan Current Zoning RP Automatic Sprinkler System No Other recommendation Emergency Vehicle Access Adequate Siamese Location Not Identified D E C E U �• Prederick County Fire and Rescue DEC � 0 �n-,;, Department Office of the Fire `Marshal FREDERICK COUNTY Plan Review and Comments PLANNING $ DEVELOPMENT Date received Date reviewed Date Revised 8/31/2004 9/1/2004 Applicant Eastern States Engineering City State Zip Applicant Phone Sterling VA 20165 703-433-6244 Tax ID Number Fire District Rescue District 18 18 Recommendations Automatic Fire Alarm System No Requirements Hydrant Location Adequate Roadway/Aisleway Width Adequate Election District Redbud Residential Sprinkler System Yes Fire Lane Required Yes Special Hazards No Emergency Vehicle Access Comments The connection to Morning Glory Drive and any other primary street entrances shall have a means for emergency access. After discussion between this office, Eastern States Eng., and Ms. Mills of Frederick County Planning; an agreement was reached that would solve access issues on streets that need to have restricted travel. Bollards with an attached cable secured with a Knox style padlock will be provided on restricted travel streets. This padlock would be keyed to Frederick County's existing Knox box key system. The lock would also be able to have a separate key for site supervisor(s) keyed only to that particular lock. Access Comments Fire hydrants at intersections are preferrable over ends of cul-de-sacs. Fire hydrants must be within 3 feet of the curbline as indicated in Frederick County code. Additional Comments The lock indicated above is paid for by the contractor and ordered through the Frederick County Fire and Rescue Department. Plan Approval Recommended Reviewed By Signature q�zll-gZ4ki) Yes Karl Steudl Title JZ Channing Drive - Phase 9 - FuShep Subject: Channing Drive - Phase 9 - FuShep Date: Tue, 21 Dec 2004 08:34:20 -0500 From: "Sweitzer, Barry" <Barry.Sweitzer@VDOT.Virginia.gov> To: "'scollins@eseeng.com"' <scollins@eseeng.com> CC: "Mark Cheran (E-mail)" <mcheran@co.frederick.va.us>, "Hawkins, Dwight" <Dwight.Hawkins@VDOT.Virginia.gov> Ref: Channing Drive - Phase 9 - FuShep - Subdivision Site Plan Off Route 657, Senseny Road @ Route 1407, Existing Canyon Road Frederick County This is to acknowledge receipt of your revised plans dated October 8, 2994 for the referenced project. The plans appear satisfactory and are approved. Please advise the developer accordingly. I offer the following comments: • A preconstruction conference be held by the engineer and/or developer with the attendance of the contractor, various County agencies and VDOT prior to initiation of work. • Materials used and method of construction shall apply to current observed VDOT Road & Bridge Specifications applicable during construction of this development. • Our review and comments are general in nature. Should conditions in the field exist such that additional measures are warranted, such measures shall be completed to the satisfaction of the Department prior to inclusion into the Secondary Road System. • Attached is a copy of the minimum requirements and information needed prior to acceptance of subdivision streets into the Secondary System. This is the responsibility of the developer. • All drainage is to be carried within the right-of-way in ditch lines or gutters along the street to a pipe or drainage easement. • The contractor shall notify VDOT when work is to begin or cease for any undetermined length of time. VDOT will also require 48 hours notice for inspections. • The appropriate land use permits shall be obtained before any work is performed on the State's right-of-way. The permit is issued by this office and will require a minimum processing fee, surety bond coverage, and the salary & expenses of a State assigned Inspector. • If mailboxes are to be placed along the roadway fronting lots, a minimum of 4' shall be between the edge of pavement and the front of mailbox as shown on the attached sketches and VDOT Detail RFD-1. • Private entrances will be installed in accordance with VDOT Standard CG-9D. This is the developer's responsibility. • Any entrances constructed from the referenced street(s) shall meet VDOT minimum standards. This is the developer's responsibility. • Any signs to be installed will be in accordance with attachments. • I suggest any utilities and/or storm sewer placed within the proposed right-of-way be backfilled completely with C.R. Type 21-B Stone. This will greatly reduce the possibility of any pavement settlement. • A copy of any/all RECORDED PLATS of dedication to public use (the County of Frederick) for drainage easements or additional right-of-way required for implementation of this proposed project should be provided for VDOT review prior to issuance of any land use 1 of 2 1/6/2005 7:58 AM Channing Drive - Phase 9 - FuShep permit. Please Note: All proffers pertaining to roadways (existing and proposed VDOT) shall be provided prior to VDOT acceptance into the State Secondary Road System. <<D00001.tif>> Should you need additional information, do not hesitate to call. Lloyd A. Ingram Transportation Engineer VDOT — Edinburg Residency Land Development 14031 Old Valley Pike Edinburg, VA 22824 (540) 984-5611 (540) 984-5607 (fax) Name: DOCOOI.tif .. D0C001.tif Type: TIFF Image (image/tiff) Encoding: base64 2 of 2 1/6/2005 7:58 AM ,.......,, -nin,g iinve, rnase 91 Subject: [Fwd: Channik.r, Drive, Phase 91 Date: Wed, 13 Oct 2004 09:14:10 -0400 From: Eric Lawrence <elawrenc@co.frederick.va.us> To: Candice Mills <cmills@co.frederick.va.us> FYI Eric R. Lawrence, AICP Director Department of Planning and Development County of Frederick 107 N. Kent Street Winchester, Virginia 22601 540.665.5651 540.665.6395 fax elawrenc@co.frederick.va.us www.co.frederick.va.us Subject: Channing Drive, Phase 9 Date: Wed, 13 Oct 2004 07:58:26 -0400 From: "Ingram, Lloyd"<L1oyd.Ingram@VDOT.Virginia.gov> To: "'scollins@eseeng.com"' <scollins@eseeng.com> CC: "Ruark, Vincent" <Vincent.Ruark@VDOT.Virginia.gov>, "Lineberry, Ben, PE" <Ben.Lineberry@VDOT.Virginia.gov>, "Sweitzer, Barry" <Barry.Sweitzer@VDOT.Virginia.gov>, "Eric Lawrence (E-mail)" <elawrenc@co.frederick.va.us>, "Ingram, Lloyd"<Lloyd.Ingram@VDOT.Virginia.gov> Steve, The following is an email I received from Vincent Ruark, Staunton District Geotechnical Engineer, regarding your Channing Drive, Phase 9 Road Plan Review. There are still several items that require additional technical information, therefore, I have left the email as I received it. Please provide the requested information as soon as possible so we can move forward and complete the review you have requested. Should you have any questions regarding the attached information, please contact Vincent Ruark or myself. Lloyd A. Ingram Transportation Engineer VDOT — Edinburg Residency Land Development 14031 Old Valley Pike Edinburg, VA 22824 (540) 984-5611 (540) 984-5607 (fax) -----Original Message----- )f 3 11/17/2004 8:27 AM _________I ..... r �., 1 LLUJC. 7I From: Ruark, Vincent Sent: Tuesday, October 12, 2004 2:34 PM To: Ingram, Lloyd; Sweitzer, Barry Cc: Wills, Fred; Weakley, Keith, PE; Thompson, Park, PE Subject: RE: Channing Drive, Phase 9 Gentlemen, I met with Fred and Park last Thursday to discuss the various plans, reports, and info that we've received for this project. Based on our review of the information received to date, it still appears the designer needs to provide data we've previously requested. Specifically, at this point, we're still looking for survey data for the boreholes that have been advanced to date. I did receive a list of location data from the geotechnical consultant, but that data was noted as being approximate and based on available site plan info. I spoke with the geotech consultant and they indicated they just extrapolated their elevation information from the topo on the site plans. The stationing may be generalized since offsets aren't indicated. Because of the foundation tolerances, we need to have real elevation data for the boreholes to compare with proposed footing elevations in the retaining wall / ConSpan plans. Please note that the proposed footing elevations included in the wall and ConSpan plans were specified prior to the completion of the geotech report. As such, the ConSpan designer did not have the benefit of the geotech info when those plans were prepared. Additionally, in the ConSpan plans, General Note 1 on Sheet S-1 states, "The bridge has been designed for general site conditions. The project engineer shall be responsible for the structure's suitability to the existing site conditions and for the hydraulic evaluation including scour and confirmation of soil conditions." As such, the plans we've received would be better described as preliminary and should not be considered final since they're not based on site conditions. Until such time that the retaining wall and ConSpan foundations are redesigned by the project engineer to fit site conditions (and I don't know how they can do that until they receive the same information we've already been requesting), we wouldn't be able to complete a final review. From the standpoint of the Materials Section, we are looking for 2 things: 1) borehole location and elevation survey data 2) additional subsurface info for the ConSpan structure. Based on the location data I have received from the geotech consultant, it appears only one borehole was advanced in the proposed footprint of the structure. Considering the length of the structure and the fact it will be constructed on independent footers, we would like to see at least 3 boreholes on each side and spaced approximately every 50 feet. That would mean at least 6 boreholes for that structure. We won't be able to accept foundation plans for a structure that's based on a single borehole. With regard to the latter, please note that in our 6/30 and 7/1 emails, we requested copies of any preliminary or proposed borehole plan so we could determine whether sufficient information would be collected during the geotech investigation. In Pete Warren's recent email pertaining to scour, he indicated he told the geotech consultant (to whom he spoke with is not indicated in his email) that if the structure is placed on bedrock that a scour analysis would not be required. Based on conversations with Bridge personnel, that information may not be completely correct and scour analyses may still be needed. Because the RQD of the bedrock material is generally less than 50%, scour analyses may still be required. You may need to talk to Fred and Pete about that further. To expedite the review process, we recommend that the designer obtain all requested information and submit that to VDOT as soon as possible. We also recommend that the Residency consider scheduling a meeting with the designer so that the various issues and questions we have can be discussed and addressed rapidly rather than going back and forth via email. Fred and Park have indicated they have a number of other questions pertaining to the designs of the retaining walls and ConSpan structure. We understand the need to keep this review process on track, but the designer needs to provide information that's necessary for our review - we assume the same information they need to properly design the project. f 3 11/17/2004 8:27 AM a COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 Memorandum To: Joe Wilder, Frederick County Public Works Department From: Mark R Cheran, Zoning and Subdivision Administrator % Date: January 25, 2005 RE: Channing Drive — Phase 9, Section 2 Request to establish a performance bond amount I have received a request to establish a performance bond amount for work for the subject subdivision. Attached, please find the estimate to cover this work. This estimate is $6,446,445.64 as shown on the attached. Please provide this Department with a written response, which recommends one of the following: ► Establishing a bond using the above amount. ► Increase or decrease of the above amount for this work. If you need additional information, please do not hesitate to call. Thank you. MRC/dlw Attachment 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 PERFORMANCE BOND ESTIMATE E 111 E_ '' .9 0� DEC 10 "0 FREDERICK COUNTY P1 ANNiNG & DEVELOPMENT PROJECT NAME: Channing Drive - Phase 9, Section 2 FILE #: DATE PREPARED: 7-Dec-04 NOTE: THIS FORM IS TO BE USED TO ESTIMATE PERFORMANCE BOND & LANSCAPING ESROW. THESE PRICES DO NOT INCLUDE ITEMS THAT ARE TO BE BONDED SEPARATELY WITH THE VIRGINIA DEPARTMENT OF TRANSPORTATION. 1. MOBILIZATION/DEMOBILIZATION OF CONTRUCTION EQUIPMENT MOBILIZATION/DEMOBILIZATION @ LUMP SUM $ 5,000.00 2. STORM DRAINAGE A.STRUCTURES QUANTITY COST 60 DI-3 @ $1800 EA $ 108,000.00 5 DI-7 @ $2430 EA $ 12,150.00 SUB -TOTAL $ 120,150.00 B. CONCRETE PIPES QUANTITY COST QUANTITY COST 12" DIA. @ $25.20 LF $ - 134 36" DIA. @ $67.50 LF $ 9,045.00 3122 15" DIA. @ $28.80 LF $ 89,913.60 42" DIA. @ $81.00 LF $ - 552 18" DIA. @ $32.40 LF $ 17,884.80 48" DIA. @ $94.50 LF $ - 616 21" DIA. @ $36.00 LF $ 22,176.00 54" DIA. @ $112.50 LF $ - 184 24" DIA. @ $39.90 LF $ 7,341.60 60" DIA. @ $139.50 LF $ - 241 27" DIA. @ $45.00 LF $ 10,845.00 1 Conspan $150000 EA $ 150,000.00 C. ENDWALLS 2 15" DIA. @ $540 EA 1,080.00 42" DIA. @ $1890 EA $ $ - D. END SECTIONS (ES-1) 12" DIA. @ $315 EA $ - 1 27" DIA. @ $585 EA $ 585.00 2 15" DIA. @ $360 EA $ 720.00 30" DIA. @ $675 EA $ - 3 18" DIA. @ $405 EA $ 1,215.00 33" DIA. @ $765 EA $ - 2 21" DIA. @ $450 EA $ 900.00 2 36" DIA. @ $900 EA $ 1,800.00 SUB -TOTAL $ 152,076.00 SUB -TOTAL $ 161,430.00 S f PAGE 2 QUANTITY 5 QUANTITY 4218 3. E. STORMWATER MANAGEMENT/ BMP FACILITIES (See Note #5) COST SWM POND @ $27000 CY $ 135,000.00 SUB -TOTAL $ 135,000.00 COST GROUTED RIP -RAP @ $6.30 SF $ 26,573.40 SUB -TOTAL $ 26,573.40 CONSTRUCTION WITHIN THE RIGHT-OF-WAY AND/OR EASEMENTS A. SITE WORK QUANTITY 51 CLEAR & GRUB 35780 EXCAVATION 51110 EMBANKMENT (FILL MATERIAL)*" 15335 ROCK EXCAVATION B. SUBBASE AND BASE COURSE MATERIALS QUANTITY (FOR STREETS DEDICATED FOR PUBLIC USE) COST @ $7650 AC $ 390,150.00 @ $7.20 CY $ 257,616.00 @ $13.50 CY $ 689,985.00 @ $27.00 CY $ 414,045.00 SUB -TOTAL $ 1,751,796.00 IDENTIFY QUANTITIES SEPARETLY FOR EACH STREET (USE PAGE 5a) 89204 SUBGRADE PREPARATION @ SUBBASE & BASE COURSE 133807 AGGREGATE (21A/21B) @ 78320 BITUMINOUS CONCRETE @ 232 CD-1 @ SUB -TOTAL C. SUBBASE AND BASE COURSE MATERIALS D. ENTRANCES AND PIPESTEMS COST $1.35 SY $ 120,425.40 $0.90 SY $ 120,426.30 $2.25 SY $ 176,220.00 $12.60 LF $ 2,923.20 $ 419,994.90 136 DE-2 @ $720 EA $ 97,920.00 7 CG-11 @ $1350 EA $ 9,450.00 SUB -TOTAL $ 107,370.00 PAGE 3 E. MISCELLANEOUS CONSTRUCTION ITEMS QUANTITY 12835 SIDEWALK (4- WIDTH) 14326 CURB & GUTTER 13 CG-12 (EXPOSED AGGREGATE) 3483 TRAIL (WOOD CHIP) RETAINING WALLS 5306 REINFORCED CONCRETE 1021 GUARDRAIL 7 STREET NAME SIGN 7 TRAFFIC CONTROL SIGN 6 STREET LIGHTING 1 P.E. CERTIFIED "AS -BUILT PLANS" 4. SANITARY SEWER AND WATER LINE CONTTTUCTION QUANTITY 9 FIRE HYDRANT 77 SANITARY SEWER MANHOLE WATER MAIN (EXCLUSIVE OF HYDRANTS) 3567 6" DIAM. DIP 3457 8" DIAM. DIP 136 METER CROCK SANITARY SEWER PIPELINE (EXCLUSIVE OF MANHOLE STRUCTURES) 6177 1.5" DIAM. PVC 9959 8" DIAM. PVC 4518 21" DAIM. DIP COST @ $10.80 LF $ 138,618.00 @ $18 LF $ 257,868.00 @ $49.50 SY $ 643.50 @ $15.30 SY $ 53,289.90 @ $40.50 SF $ 214,893.00 @ $18 LF $ 18,378.00 @ $203 EA $ 1,417.50 @ $158 EA $ 1,102.50 @ $2700 EA $ 16,200.00 @ LUMP SUM $ 5,000.00 $5000 MIN. SUB -TOTAL $ 707,410.40 COST @ $2250 EA $ 20,250.00 @ $4230 EA $ 325,710.00 SUB -TOTAL $45 LF $ 160,515.00 $55.8 LF $ 192,900.60 $927 EA $ 126,072.00 $31.50 LF $ 194,575.50 $54.00 LF $ 537,786.00 $153.90 LF $ 695,320.20 $ 2,253,129.30 PAGE 4 5. QUANTITY 983 LANDSCAPING ESCROW A. DECIDUOUS TREES COST 4'- 5' HEIGHT @ $68 EA $ 5'- 6' HEIGHT @ $135 EA $ - 1" TO 1-1/2" OR 1-1/2" TO 2" CALIPER @ $135 EA $ - 2" TO 2-1/2" OR 2-1/2" TO 3" CALIPER @ $207 EA $ 203,481.00 3" TO 3-1/2" OR 3-1/2" TO 4" CALIPER @ $315 EA $ - B. EVERGREEN TREES 4'- 5' HEIGHT @ $72 EA $ - 627 5'- 6' HEIGHT @ $90 EA $ 56,430.00 6' - T HEIGHT @ $135 EA $ - T - 8' HEIGHT @ $180 EA $ - 8' - 10' HEIGHT @ $225 EA $ - C. SHRUBS 2040 18" TO 24" HEIGHT 24" TO 30" HEIGHT 2842 6' HIGH OPAQUE FENCE @ SUB -TOTAL TOTAL CONSTRUCTION COST (PAGES 1 THRU 4) 6. MISCELLANEOUS COSTS A. ADMINISTRATIVE COSTS - 15% OF CONSTRUCTION COSTS, NOT TO EXCEED $50,000 B. INFLATION COST - COMPOUNDED ANNUALLY AT 3% PER YEAR OF THE TOTAL CONSTRUCTION COST (1-year) TOTAL PERFORMANCE BOND AMOUNT $31.5 LF $ 64,260.00 $45.0 LF $ - $16.2 LF $ 46,040.40 $ 370,211.40 $ 6,210,141.40 $ 50,000.00 $ 186,304.24 $ 6,446,445.64 PAGE 5 I hereby certify that the above is my best estimate of the quantitites and current cost of bondable improvements and landscaping items in this subdivision or site plan. PREPARER'S SIGNATURE Stephen Collins, P.E. NAME (PRINT) 703.433.6244 TELEPHONE # Easter States Engineering COMPANY OR FIRM Department of Planning and Development 5401665-5651 January 25, 2005 Mr. Stephen S. Collins Eastern States Engineering P.O. Box 651203 Sterling, Virginia 20166-1208 RE: Channing Drive, Phase 9 — Second Section 2 Final Plats Review Dear Mr. Collins: I have had the opportunity to review the revised final plats for Channing Drive (Section 2) subdivision final plats received by our office. I offer the following review comments: 1. On Sheet 2 of 42, under note 6, it states that no detached accessory structures area allowed in section 1. As these plats are for section 2 please revise this note. 2. On Sheet 2 of 42, under area tabulation, label the "residual" area as future phase 10. 3. On Sheet 3 of 42, show location of the community center. 4. Please note that all easements on lots must be merged with the building restriction line on the lot. It might be more appropriate to show the lots and easements on the same plat. The application seeking approval is denied until the issues identified in this letter have been adequately addressed. Please address the above comments and resubmit. Before the plats are officially approved by this department, the Subdivision Design Plan and the plats for Section 1 need to be approved. Also, before the final plats are officially approved by this office, the approval signatures of the Frederick County Sanitation Authority and the Virginia Department of Transportation must be obtained along with a copy of the deed of dedication for the subdivision that shows the establishment of the POA. Appropriate guarantees for the subdivision and the community center will also be required prior to final plat approval. I have enclosed a marked copy of the plats to assist with the revisions. If you have any questions, please feel free to call. Sincerely, Candice E. Perkins Planner II CEP/bad Attachment 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Channing Drive, Phase 9 Subject: Channing Drive, Phase 9 Date: Wed, 12 Jan 2005 18:40:05 -0500 From: Eric Lawrence <elawrenc@co.frederick.va.us> To: "kmurray@tollbrothersinc.com" <kmurray@tollbrothersinc.com> CC: Mike Ruddy <MRuddy@co.frederick.va.us> Hi Ken. Just a quick clarification on the buffer discussion earlier today, initially raised by Eric Voelkel (a Senseny Glen resident). The approved MDP, and pending subdivision design plan, both call for the establishment of a 25-foot perimeter buffer, not the 50-foot woodland buffer that I previously mentioned. Therefore, you are correct in establishing this 25-foot buffer area. As I've conveyed to Web, and I believe Mike Ruddy may have conveyed to you, we're supportive of efforts to utilize some of the existing woodlands to meet the buffer requirements. I believe Mike has already scheduled a site meeting for next week in an effort to foster this dialog. Based on the site meeting on December 13, I believe it's apparent that this project has achieved the collective support of the County, the residents, and your development team. We're striving to continue to promote this positive relationship. Please let me know if you have any questions. Thank you. Eric R. Lawrence, AICP Director Department of Planning and Development County of Frederick 107 N. Kent Street Winchester, Virginia 22601 540.665.5651 540.665.6395 fax elawrenc@co.frederick.va.us www.co.frederick.va.us I of I 1/18/2005 1:47 PM Re: Scheduling Meeting about the Trees Subject: Re: Scheduling Meeting about the Trees Date: Wed, 12 Jan 2005 09:08:43 -0500 From: Eric Lawrence <elawrenc@co.frederick.va.us> To: REVoelkel@aol.com CC: Mike Ruddy <MRuddy@co.frederick.va.us> Good morning Eric. Attached is the attendance sheet from the December site meeting. I have forwarded your e-mail message to Mr. Murray, seeking a meeting time/date. -Eric REVoelkel@aol.com wrote: Hi Eric, Would you or Mike Ruddy please contact me and my neighbors, Kent and Cythia Richards, when you and Toll Brothers (Ken Murray) decide on a date and time to meet to discuss the buffer zone that abutts up to our property lines. I hope no action to clear any trees are taken before we clarify what is being saved. As I said today both my family and Kent's want the trees to stay in the buffer zone between our property lines and 20-25 feet onto Toll Brothers land that is marked with the white tape. We conveyed these same sentiments to Fred Ashe (Perry Engineering), Ken Murray and Eric Lohman (Toll Brothers) and Steve Collins (Eastern States Engineering) in our meeting with them yesterday. We don't want them cleared out, if that is what the markings are for. I also want to make sure all the trees within the white tape from the right side of the road angling up behind the projected first house on the right hand side (adjacent to Riggleman Farm) are staying and are not being cleared. I want to make sure everyone is on same page about ALL the trees that are slated to being saved and make sure that the latest plans clearly reflect that so there are no issues down the road. I also want to find out if there are any county ordinances mandated for new subdivisions that are built next to existing subdivisions, again, so there are no surprises and if there are any potential issues we can address them now. I appreciate your time. Thanks Eric Voelkel 542-0118 (P.S.) - Would someone please forward this to Ken Murray because I do not have his email address? If anyone could forward me the full list of names, emails, etc. from our BIG meeting, also, that would be great. THANKS! Eric R. Lawrence, AICP Director Department of Planning and Development County of Frederick 107 N. Kent Street Winchester, Virginia 22601 540.665.5651 540.665.6395 fax elawrenc@co.frederick.va.us I of 1/18/2005 1:48 PM FW: Attendance Roster 'G Subject: FW: Attendance Roster Date: Tue, 14 Dec 2004 07:26:56 -0500 From: "Funkhouser, Rhonda" <Rhonda.Funkhouser@VDOT.Virginia.gov> To: "Eric Lawrence (E-mail)" <elawrenc@co.frederick.va.us> -----Original Message ----- From: Funkhouser, Rhonda On Behalf Of Ingram, Lloyd Sent: Tuesday, December 14, 2004 7:25 AM To: 'elowman@toll brothersinc.com'; 'Cynthia Richards@adelphia.net'; TLawson@lsplc.com'; 'kmurray@tollbrothersinc.com'; 'cperkins@co.frederick.va.us'; 'mcheran@co.frederick.va.us'; 'elawrenc@co.frederick.va.us'; 'fash@perryeng.com'; 'revoelke@aol.com'; 'dishrwod@shentel.net Cc: Copp, Jerry; Ingram, Lloyd Subject: Attendance Roster As discussed, attached please find a copy of the attendance roster from yesterday's meeting: <<D00004.tif>> Lloyd A. Ingram Transportation Engineer VDOT — Edinburg Residency Land Development 14031 Old Valley Pike Edinburg, VA 22824 (540)984-5611 (540) 984-5607 (fax) Name: D00004.tif .. DQC004.tif Type: TIFF Image (image/tiff) Encoding: base64 1 of 1 12/14/2004 10:30 AM Monday, December 13P2004 4:00 p.m. VDOT 14031 Oki Valley Pike Edinburg, VA 22824 (540) 98+5600 jcU.QXQ@VDOT.Virainia.ggvv Jerry Copp Lloyd Ingram .. VDOT 14031 Old Valley Pike Edinburg, VA 22824 (540) 9845600 gd.Inaram0VD0T.Vi[ginia.gov (J/ � ' SW 14-�-f 2 / ��. .St�•er'Gv6d d P� �o� � f `F ve � �4�0l:Can E(lff u reVpeltfl. +e _ 46 -43b L6 5 e e n cfl . Air oLL 13�DS-4 s��vim. 4v�G �v.PcrN cr 7v3-5'3Z�799 ►,'l�gAY`aTe+�,+st�ruc�s►r,c,� K u �1 VOL z7`% �s,!G 5� 0— `LAC15 OwnQ 5 AP(A1,14 l2a'L Low —all o5. t 11 cAa �c,i I a-3-q`13.4035" a .) o tlbrd`f�i er5;,ic. c Land Planning Services EASTERN STATES ENGINEERING FRED PLANNIN December 9, 2004 Ms. Candice Mills Acting Subdivision Administrator Frederick County Department of Planning and Development 107 North Kent Street Winchester, VA 22601-5000 Re: Channing Drive, Phase 9 - Section 2 First Submission Plat Comments Dear Ms. Mills: VIRGINIA DIVISION OFFICE P O Box 651208 Sterling, VA 20165-1208 (703)433-6254 FAX (703) 433-6204 Please accept this letter as our response to the first submission plats review comments, dated September 3, 2004, on the subject Subdivision Design Plat for Charming Drive Phase 9 (Fu-Shep) — Section 2. DEVELOPMENT SERVICES DIVISION Comment 1. j,,�On Sheet 1 of 25, remove the signature line for the Planning Commission, it is not required for these plats. Response: Sheet 1 has been updated as requested. Comment 2. L the Magisterial District shown on these plats is incorrect: it is Red Bud not Shawnee. Response: The Magisterial District has been updated as required. Comment 3. 10n Sheet I or 2 of 25, please provide a section for project information. This must include: the property identification number, zoning of the property, the number of lots, the total area in the subdivision, the total area in lots, the total area in right-of-way, the total area in open space being dedicated with this section, the housing type, the density allowed from the parent tract and the area in the residue (section 2) tract. Response: The above project information has been added to Sheet 2 as requested. Comment 4. 0tz Sheet 2 of 25, provide a notation to the effect that no detached structures are allowed on any lot. Response: Note #6 has been added to Sheet 2 as requested. Comment 5. i , On Sheet 2 of 25, provide a monetary proffer amount required per lot ($4205.14). Response: Note #7 has been added to Sheet 2 as requested. Corporate Office Regional Offices 2747 Philmont Avenue Brandywine Valley, PA Clinton, NJ Huntingdon Valley, PA 19006 (610) 647-1162 (908) 638-5270 (215) 914-2050 Comment 6. On Sheet 3 of 25, label Section 1, show the lake and the location of the community center. Response: Sheet 3 has been updated as requested. Comment 7. On Sheets 3-25 of 25, show the building restriction lines on each lot, show all easements (water, sewer, drainage, buffers) and label all roads. Response: Sheets 3-25 have been updated as requested. Comment 8. Show lots on one sheet; please do not place one lot on multiple sheets. Response: The sheets have been updated as requested. Comment 9. Label the "match sheets"for all sheets. Response: All sheets have been updated as requested. Comment 10. Include additional sheets that show the open space on one sheet, also include all drainage easements, residential separation buffers and riparian buffers. Response: As additional sheet has been added as requested. We trust that this letter adequately summarizes our responses to your first submission review comments. Should you have any questions please do not hesitate to call me at (703) 433-6244. Sincerely, EASTERN STATES ENGINEERING, INC. Stephen Collins, Jr. P.E. Project Engineer cc: Mr. Webb Koschene, Toll Brothers, Inc. Mr. Ty Lawson, Lawson & Silek EASTERN STATES ENGINEERING P.O. Box 651208 Sterling, VA 20165-1208 (703) 433-6254+FAX (703) 433-6204 I�G,I�f J��I-LiI 1 To Frederick County -Planning Dept. Date December 8, 2004 Address 107 North Kent Street Winchester, VA 22601 Project Channing Drive Phase 9 Section 2 (Fu-Shep Property) Project # Attention Ms. Candice Mills Phone # 540-665-5651 WE ARE SENDING YOU: ® Attached ❑ Under separate cover VIA: ❑ US Mail ® Courier/Delivery ❑ Overnight Carrier ❑ Interoffice Mail ❑ Pick-up THE FOLLOWING ITEMS: ❑ Shop drawings ❑ Prints ® Plans ❑ Disk ❑ Specifications ❑ Samples ❑ Copy of letter ❑ Change order ❑ Other COPIES DATE NO. DESCRIPTION 2 12/08/04 42 Record Plat for Channing Drive Phase 9 1 Comment Response letter 1 Phase 9 Section 2 bond estimate 1 Approval letters from VDOT, FCSA & Fire Marshall THESE ARE TRANSMITTED: ® For approval ❑ For your use ❑ As requested ® For review and comment ❑ FORBIDS DUE ❑ Approved as submitted ❑ Resubmit copies for approval ❑ Approved as noted ❑ Submit copies for distribution ❑ Returned for corrections ❑ Return corrected prints ❑ PRINTS RETURNED AFTER LOAN TO US SIGNED *��FN S. COLLINS JR., P.E. EASTERN STATES ENGINEERING, INC. If enclosures are not as noted, kindly notify us at once. -Channing Drive, Phase 9 Page 1 of 2 Stephen Collins - Channing Drive, Phase 9 From: "Ingram, Lloyd"<L1oyd.Ingram@VDOT.Virginia.gov> To: "'scollins@eseeng.com"' <scollins@eseeng.com> Date: 12/6/2004 10:37:51 AM Subject: Channing Drive, Phase 9 CC: "Eric Lawrence (E-mail)" <elawrenc@co.frederick.va.us>, "Ty Lawson (E-mail)" <tlawson@lsplc.com>, "Ingram, Lloyd" <Lloyd.Ingram@VDOT.Virginia.gov>, "Copp, Jerry" <Jerry. Copp@VDOT.Virginia. gov>, "Lineberry, Ben, PE" <Ben.Lineberry@VDOT. Virginia.gov> This is to acknowledge receipt of your revised plans dated September, 2004 for the referenced project. The plans appear satisfactory (except for the final review of the retaining wall located between Station 35+00 and Station 38+00. The review of this structure has been delayed per VDOT's request due to scheduling conflicts) and are approved. Please advise the developer accordingly. Please provide seven (7) sets of approved construction plans with signed seal for VDOT distribution. I offer the following comments: • A preconstruction conference be held by the engineer and/or developer with the attendance of the contractor, various County agencies and VDOT prior to initiation of work. • Materials used and method of construction shall apply to current observed VDOT Road & Bridge Specifications applicable during construction of this development. • Our review and comments are general in nature. Should conditions in the field exist such that additional measures are warranted, such measures shall be completed to the satisfaction of the Department prior to inclusion into the Secondary Road System. • Attached is a copy of the minimum requirements and information needed prior to acceptance of subdivision streets into the Secondary System. This is the responsibility of the developer. <<Information Needed Prior to Acceptance of Subdivision Streets.doc>> • All drainage is to be carried within the right-of-way in ditch lines or gutters along the street to a pipe or drainage easement. • The contractor shall notify VDOT when work is to begin or cease for any undetermined length of time. VDOT will also require 48 hours notice for inspections. • The appropriate land use permits shall be obtained before any work is performed on the State's right-of-way. The permit is issued by this office and will require a minimum processing fee, surety bond coverage, and the salary & expenses of a State assigned Inspector. • If mailboxes are to be placed along the roadway fronting lots, utilize the RF-1 detail and additional attachments. No masonry mailbox supports will be allowed. <<DOCOOO.tif>> • Private entrances will be installed in accordance with the approved plans. This is the developer's responsibility. • Any entrances constructed from the referenced street(s) shall meet VDOT minimum standards. This is the developer's responsibility. • Any signs to be installed will be in accordance with attachments. file://C:\WINNT\Temp\GW} OOOO 1.HTM 12/8/2004 -Channing Drive, Phase 9 Page 2 of 2 <<D0C001.tif>> . I suggest any utilities and/or storm sewer placed within the proposed right-of-way be backfilled completely with C.R. Type 21-B Stone. This will greatly reduce the possibility of any pavement settlement. . A copy of any/all RECORDED PLATS of dedication to public use (the County of Frederick) for drainage easements or additional right-of-way required for implementation of this proposed project should be provided for VDOT review prior to issuance of any land use permit. Should you need additional information, do not hesitate to call. Lloyd A. Ingram Transportation Engineer VDOT — Edinburg Residency Land Development 14031 Old Valley Pike Edinburg, VA 22824 (540) 984-5611 (540) 984-5607 (fax) file://C:\WINNT\Temp\GW } OOOO 1.HTM 12/8/2004 I r COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY Philip A. Shucet 14031 OLD VALLEY PIKE COMMISSIONER EDINBURG, VA 22824 November 1, 2004 Mr. Kurt Pennington C/O Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 Ref Channing Drive Road Design Plans From Farmington Boulevard to Nassau Drive off Route 657, Senseny Road Frederick County Dear Kurt: JERRYA. COPP RESIDENT ENGINEER TEL (540) 984-5600 FAX (540) 984-5607 This is to acknowledge receipt of your revised plans dated January 13, 2004 for the referenced project. The plans appear satisfactory and are approved. Please advise the developer accordingly. Please provide seven (7) sets of approved construction plans with signed seal for VDOT distribution. I offer the following comments: • A preconstruction conference be held by the engineer and/or developer with the attendance of the contractor, various County agencies and VDOT prior to initiation of work. • Materials used and method of construction shall apply to current observed VDOT Road & Bridge Specifications applicable during construction of this development. • Our review and comments are general in nature. Should conditions in the field exist such that additional measures are warranted, such measures shall be completed to the satisfaction of the Department prior to inclusion into the Secondary Road System. • Attached is a copy of the minimum requirements and information needed prior to acceptance of subdivision streets into the Secondary System. This is the responsibility of the developer. • All drainage is to be carried within the right-of-way in ditch lines or gutters along the street to a pipe or drainage easement. VirginiaDOT.org WE KEEP VIRGINIA MOVING Mr. Kurt Pennington D E C E Ref: Channing Drive Road Design Plans November 1, 2004 Nov 4 2004 Page #2 FREDERICK PLANNING & DI • The contractor shall notify VDOT when work is to begin or cease or any undete; length of time. VDOT will also require 48 hours notice for inspections. • Since this proposed project will not directly access a VDOT facility, no VDOT land use permit will be required. However, every precaution to avoid and/or clean up any mud or debris carried onto any adjacent VDOT facility should be taken. • If mailboxes are to be placed along the roadway fronting lots, a minimum of 4' shall be between the edge of pavement and the front of mailbox as shown on the VDOT RFD-1 and attachments. • Street intersections will be installed in accordance with VDOT Standard CG-11 This is the developer's responsibility. • Any entrances constructed from the referenced street(s) shall meet VDOT minimum standards. This is the developer's responsibility. • Any signs to be installed will be in accordance with attachments. • I suggest any utilities and/or storm sewer placed within the proposed right-of-way be backfilled completely with C.R. Type 21-B Stone. This will greatly reduce the possibility of any pavement settlement. • A copy of any/all RECORDED PLATS of dedication to public use (the County of Frederick) for drainage easements or additional right-of-way required for implementation of this proposed project should be provided for VDOT review prior to issuance of any land use permit. • All proffers drawn and offered at rezone and master development plan stages of review should be provided as appropriate for this plan approval. Should you need additional information, do not hesitate to call. Sincerely, ,�v { Barry J. Sweitzer, Trans. Roadway Engineer For: Lloyd A. Ingram, Transportation Engineer BJS/rf Attachments xc: Mr. Dwight Hawkins (for Winchester Office Files) Mr. Mark Cheran October 29, 2004 Thomas Moore Lawson Lawson and Silek, P.L.C. P.O. Box 2740 Winchester, Va. 22604 RE: Toll Brothers Dear Ty: COUNTY of FREDERICK Kris C. Tierney Assistant County Administrator 540/665-5666 Fax 540/667-0370 E-mail: ktiemey@co.frederick.va.us Following your letter of October 22, 2004, our meeting on October 26`'', and your request for a written response, I will again attempt to explain the county's position regarding the recreational requirements for single-family small lots as set out in our Zoning Ordinance. Your letter, and the calculations provided via email from Mr. Stephen Collins which was attached, made clear where the misunderstanding resides. While we agree with Paragraph 2 of Mr. Collins' email regarding the value of the community center to be provided, his interpretation (provided in Paragraph 1) of the wording of Section 165-64, Recreational Facilities, Paragraph `A' as it pertains to number of recreational equivalent units required for the project is in error. The portion of Section 165-64.A which is in question reads as follows: "Housing types (emphasis added) with lot sizes of less than 5,000 square feet shall provide the following recreational units or equivalent recreational facilities, for each 30 dwelling units." As we discussed, the term "housing types" refers to those categories ofhousing described in later sections of the County's Residential Performance (RP) zone. Examples would be: "single-family detached rural traditional"; "single-family detached urban"; "single-family detached zero lot line"; "single-family small lot"; and "multiplex," to list a few. Within the RP zoning classification, each of these "housing types" has certain unique features and/or requirements associated with it such as setbacks, minimum lot size and required open space. Although "single-family small lot housing" (which your client proposes to utilize) is the only housing type in which a community center is a required amenity, it is one of a number of"housing types" which allows for lots under 5,000 square feet and is thus required under 165-64.A to provide other recreational amenities in addition to the community center. 107 North Kent Street - Winchester, Virginia 22601 Toll Brothers Page 2 October 29, 2004 All categories of housing, or "housing types" which allow for lot sizes under 5,000 square feet are required to provide recreational facilities under 165-64.A regardless of the actual lot sizes that are ultimately platted. The section does not read'.... provide the following recreational facilities for each 30 lots under 5, 000squarefeet' as Mr. Collins' interpretation implies. Thus, in addition to the community center, your client's proj ect would require an additional 4.97 recreational equivalent units (149 units - 30 = 4.97) or $89,460.00 (4.97 x $18,000.00) worth of recreation facilities. With the above in mind, the combined amount for the community center and other recreational amenities totals $357,660.00. This amount (along with any other public improvements or infrastructure such as roads, curb and gutter, streetlights, sidewalks, trails, and sewer and water) will need to either be installed or bonded prior to County approval of the final plats for relevant sections of the development. As I mentioned in my last letter and again during our October 27t' meeting, if the issue is one of the time value ofmoney, an option for your client would be to plat (record) the development in sections as they prepare to construct them. In this way, only those amenities or improvements associated with the approved, platted portion(s) of the development would need to be bonded. Procedures are in place to allow for periodic requests to reduce the bond amount as the improvements are completed. Ultimately, if it can be demonstrated that installed recreational amenities meet or exceed the total dollar value of what is required, the issue of how large a bond is required becomes moot. Our hope is that your client will understand and accept this explanation of our requirements and process, submit the appropriate surety amount and proceed with their project. As always, I am available if you wish to discuss the matter further. Sincerely, iris C. Tierney, AICP Assistant County Administrator KCT/cih cc: Board of Supervisors Larry Ambrogi, Commonwealth's Attorney John R. Riley, Jr., County Administrator Eric Lawrence, Director of Planning and Development LAWSON AND SILEK, P.L.C. 160 METER DRIVE, SUITE 103 POST OFFICE BOX 2740 wnvcHnTER, VA 22604 TELEPHONE: (540) 665-0050 FACSIMILE: (540) 722-4051 October 22, 2004 Kris C. Tierney, Assistant County Administrator County Administration Building 107 North Kent Street Winchester, VA 22601 Eric Lawrence, Planning Director Department of Planning and Development 107 North Kent Street Winchester, VA 22601 Re: Toll Bros., Inc. Our File No. 600.001 VIA FACSIMILE AND U.S. MAIL Dear Kris and Eric: 0 r',3J 'Ali,Ullflfii' w cep Pdministrztor' ; This is a follow up to my telephone conversation of yesterday with Kris. I enclose a memo, which reflects the calculation for the recreational units' requirement for Phases 9 and 10 Channing Drive, known as the Fu-Shep property. Per my conversation with Kris, it is my understanding that if we can agree to the bond amount for the recreational units, then we will be able to proceed with the development. Please review the enclosed and advise me of any comments. As you know, we are most anxious to proceed with this project. i hank you for your assistance and. cooperation. I look forward to hearing from you shortly. Very tru u}eur� Tho as oore Lawson TML: atd Enclosure cc: Toll Brothers, Inc. Larry Ambrogi, Esquire FRoN T ROYAL ADmEss: Posy OmcE Box 602, FRONT Row, Vmonvu 22630, TELEPHONE: (540) 635-9415, FAcsu m.E: (540) 635-9421, E-mAm: Snmu@LYNxcoNNEc[.com Page 1 of 1 Alison From: Tlawson [tlawson@lspic.com] Sent: Friday, October 22, 2004 4:17 PM To: Alison Dow Subject: FW: Channing Drive Phase 9 & 10 -----Original Message ----- From: Stephen Collins [mailto:SCOLLINS@eseeng.com] Sent: Monday, October 18, 2004 12:45 PM To: Tlawson@lspic.com Cc: Webb Koschene Subject: Channing Drive Phase 9 & 10 Ty, Under Section 165-64 of the Zoning ordinance there are two requirements for equivalent recreational facilities. Please note that the approved MDP notes that a "Maximum of 22.3 equivalent recreational units" are to be provided. 1) 1 recreational equivalent unit for each 30 lots under 5,000sf. As noted on sheet 1 of the approved MDP there shall be no lots less than 5,000sf in Phases 9 or 10. In addition, our SDP for Phase 9 clearly shows that all lots are greater than 5,000sf. Therefore zero equivalent recreational units need to be provided for this requirement. 2) Small lot housing shall provide a community center that provides for the equivalent of 3 recreational units per 30 lots. Phase 9 (Small Lot) 149 lots/30 x 3 = 14.9 equivalent recreational units required Per our conversations with the Planning Department and Parks and Rec. an equivalent recreational unit is $18,000. Therefore, 14.9 equivalent units x $18,000 per unit = $268,200 Please let me know if you need any additional information. Thank you Steve Incoming mail is certified Virus Free. Checked by AVG anti -virus system (http://www.grisoft.com). Version: 6.0.779 / Virus Database: 526 - Release Date: 10/19/2004 10/22/2004 October 29, 2004 Thomas Moore Lawson Lawson and Silek, P.L.C. P.O. Box 2740 Winchester, Va. 22604 RE: Toll Brothers Dear Ty: COUNTY of FREDERICK Kris C. Tierney Assistant County Administrator 540/665-5666 Fax 540/667-0370 E-mail: ktiemey@co.frederick.va.us Following your letter of October 22, 2004, our meeting on October 26', and your request for a written response, I will again attempt to explain the county's position regarding the recreational requirements for single-family small lots as set out in our Zoning Ordinance. Your letter, and the calculations provided via email from Mr. Stephen Collins which was attached, made clear where the misunderstanding resides. While we agree with Paragraph 2 of Mr. Collins' email regarding the value of the community center to be provided, his interpretation (provided in Paragraph 1) of the wording of Section 165-64, Recreational Facilities, Paragraph `A' as it pertains to number of recreational equivalent units required for the project is in error. The portion of Section 165-64.A which is in question reads as follows: "Housing types (emphasis added) with lot sizes of less than 5,000 square feet shall provide the following recreational units or equivalent recreational facilities, for each 30 dwelling units." As we discussed, the term "housing types" refers to those categories ofhousing described in later sections of the County's Residential Performance (RP) zone. Examples would be: "single-family detached rural traditional"; "single-family detached urban"; "single-family detached zero lot line"; "single-family small lot"; and "multiplex," to list a few. Within the RP zoning classification, each of these "housing types" has certain unique features and/or requirements associated with it such as setbacks, minimum lot size and required open space. Although "single-family small lot housing" (which your client proposes to utilize) is the only housing type in which a community center is a required amenity, it is one of a number of"housing types" which allows for lots under 5,000 square feet and is thus required under 165-64.A to provide other recreational amenities in addition to the community center. 107 North Kent Street - Winchester, Virginia 22601 Toll Brothers Page 2 October 29, 2004 All categories ofhousing, or "housing types" which allow for lot sizes under 5,000 square feet are required to provide recreational facilities under 165-64.A regardless of the actual lot sizes that are ultimately platted. The section does not read'.... provide the following recreational facilities for each 30 lots under 5, 000squarefeet' as Mr. Collins' interpretation implies. Thus, in addition to the community center, your client's project would require an additional 4.97 recreational equivalent units (149 units _ 30 = 4.97) or $89,460.00 (4.97 x $18,000.00) worth of recreation facilities. With the above in mind, the combined amount for the community center and other recreational amenities totals $357,660.00. This amount (along with any other public improvements or infrastructure such as roads, curb and gutter, streetlights, sidewalks, trails, and sewer and water) will need to either be installed or bonded prior to County approval of the final plats for relevant sections of the development. As I mentioned in my last letter and again during our October 27"' meeting, if the issue is one of the time value of money, an option for your client would be to plat (record) the development in sections as they prepare to construct them. In this way, only those amenities or improvements associated with the approved, platted portion(s) of the development would need to be bonded. Procedures are in place to allow for periodic requests to reduce the bond amount as the improvements are completed. Ultimately, if it can be demonstrated that installed recreational amenities meet or exceed the total dollar value of what is required, the issue of how large a bond is required becomes moot. Our hope is that your client will understand and accept this explanation of our requirements and process, submit the appropriate surety amount and proceed with their project. As always, I am available if you wish to discuss the matter further. Sincerely, / u, d�ris C. Tierney, AICP Assistant County Administrator KCT/cih cc: Board of Supervisors Larry Ambrogi, Commonwealth's Attorney John R. Riley, Jr., County Administrator Eric Lawrence, Director of Planning and Development LAWSON AND SILEK, P.L.C. 160 EXETER DRIVE, SUITE 103 POST OFFICE BOX 2740 WINcHESTER, VA 22604 TELEPHoNE: (540) 665-0050 FACSIMILE:(540)722-4051 October 22, 2004 Kris C. Tierney, Assistant County Administrator County Administration Building 107 North Kent Street Winchester, VA 22601 Eric Lawrence, Planning Director Department of Planning and Development 107 North Kent Street Winchester, VA 22601 Re: Toll Bros., Inc. Our File No. 600.001 VIA FACSIMILE AND U.S. MAIL Dear Kris and Eric: ,w�li �ra27,7-�p24 f f �) n �� Frc,E,,,�K�;,�c dice •=ss �i This is a follow up to my telephone conversation of yesterday with Kris. I enclose a memo, which reflects the calculation for the recreational units' requirement for Phases 9 and 10 Channing Drive, known as the Fu-Shep property. Per my conversation with Kris, it is my understanding that if we can agree to the bond amount for the recreational units, then we will be able to proceed with the development. Please review the enclosed and advise me of any comments. As you know, we are most anxious to proceed with this project. inank you for your assistance and cooperation. I look forward to hearing from you shortly. Very tru , Tho as oore Lawson TML: atd Enclosure cc: Toll Brothers, Inc. Larry Ambrogi, Esquire FRONT ROYAL ADDREss: Posy OFFICE Box 602, FRONT Rovv., V1RGrHA 22630, TELEPHONE: (540) 635-9415, AcsrAmE: (540) 635-9421, E-m u.: Snmu@LyNxCONNEcr.com 1 Page 1 of 1 Alison From: Tlawson [tlawson@lsplc.com] Sent: Friday, October 22, 2004 4:17 PM To: Alison Dow Subject: FW: Channing Drive Phase 9 & 10 -----Original Message ----- From: Stephen Collins [mailto:SCOLLINS@eseeng.com] Sent: Monday, October 18, 2004 12:45 PM To: Tlawson@lsplc.com Cc: Webb Koschene Subject: Channing Drive Phase 9 & 10 Ty, Under Section 165-64 of the Zoning ordinance there are two requirements for equivalent recreational facilities. Please note that the approved MDP notes that a "Maximum of 22.3 equivalent recreational units" are to be provided. 1) '1 recreational equivalent unit for each 30 lots under 5,000sf. As noted on sheet 1 of the approved MDP there shall be no lots less than 5,000sf in Phases 9 or 10. In addition, our SDP for Phase 9 clearly shows that all lots are greater than 5,000sf. Therefore zero equivalent recreational units need to be provided for this requirement. 2) Small lot housing shall provide a community center that provides for the equivalent of 3 recreational units per 30 lots. Phase 9 (Small Lot) 149 lots/30 x 3 = 14.9 equivalent recreational units required Per our conversations with the Planning Department and Parks and Rec. an equivalent recreational unit is $18,000. Therefore, 14.9 equivalent units x $18,000 per unit = $268,200 Please let me know if you need any additional information. Thank you Steve Incoming mail is certified Virus Free. Checked by AVG anti -virus system (http://www.grisoft.com). Version: 6.0.779 / Virus Database: 526 - Release Date: 10/19/2004 10/22/2004 rj j � t SutJivisicn Checklist M 0 1. Comment sheets from the following agencies, along with any marked copies of the plan: VDOT City of Winchester GIS (Road Name Review) Sanitation Authority Health Department J Inspections Departmenty Parks & Recreation Fire Marshal County Engineer 2. One copy of the subdivision application 9 30,03 given to Renee' to add to Application Action Summary Plat(s) signed by Subdivision Administrator Approval letter to applicant/agent Copy of final subdivision plat(s) [with signatures] made and given to Mapping and Graphics Manager for structure numbering assignment Updated d-BASE and Reference Manual File given to Renee', to update Application Action Summary Final plat(s) submitted with review agency signatures along with: -------- Recorded deed of dedication - Bond estimate (if required) $ 0 \Opcmuons ManuaAsubdiviston-trk Ravtscd 6/24/02 ' \ , r RECEIPT ite ,CASH %5 u Received From - w (�¢? Address k `0.1 i , =Dollars $ h f� For ACCOUNT AMT. OFCOUN HOW PAID 1 LL ACCOUNT _ '.CASH CJ 07 1 AMT. PAID CHECK_-V_ . - - BALANCE - DUE --'-- MONEY ORDER ❑ GREDITCARD❑ B�l s t ri J7TEQ EST Fy 1 Et1LDli'1S:ii'' CDIa'1jAE4r,4 Frederick County Public Works Department Attn: Director of Public Works/Engineering 107 North Kent Street, 4th Floor Winchester, Virginia 22601 (540) 665-5643 The Frederick County Engineering Department is located at 107 North Kent Street, 4th Floor of the County Administration Building in Winchester, if you prefer to hand deliver this review. Applicant's name, address and phone number: Toll Brothers Inc., c/o Steve Collins 21630 Ridgetop Circle, Suite 130 Dulles, VA 20166 (703) 433-6244 Name of development and/or description of the request: Channing Drive Phase 9 - Subdivison Plan Location: Approximately 2300 ft. north of the intersection of Mnrning Glnr�z nrivP Morning Glory Drive. Engineer Comments: 5-4jcr4- Syb ivi"sio►-t oCod/ Aw tlr'A'4 44e 4PD�tPeJ n'i (eS a RetliCw 0 f� _Sub�iiyr�Tio►.. p�d, Signature and Date: (NOTICE TO ENG] DEPT.XPLEASE RETURN THIS FORM TO APPLICANT.) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach two copies of your plans and/or application form. PJ 4 DEPT. OF GEOGRAPHIC INFORMATION SYSTEMS I FREDERICK COUNTY, VIRGINIA W F STREET NAME COMMENTS SUBDIVISION COMMENTS I DATE: January 15, 2003 STAFF MEMBER: Marcus Lemasters, Director SUBDIVISION: Channing Drive, Section 9 (Sovereign Village) COMMENTS: The Frederick County Department of GIS has reviewed the requested road names for use in the Channing Drive, Section 9 (Sovereign Village) subdivision, and has made the following determinations: 1. The following road names are already APPROVED and reserved in the Frederick County Road Naming System: Canyon Road (extension) Norfolk Court Heath Court Pangborne Court Bentpath Court Thompson Court 2. The following road names conflict with another road name already in the Frederick County Road Naming System and are DENIED acceptance into the system as duplicates: Short Court Rossum Lane NOTE: In order to avoid confusion and delays in getting plans approved, individuals and agencies should contact the Department of GIS to check on and reserve any road name prior to placing it on a plan. Frederick County Planning and Development, 107 North Kent Street, Winchester, VA 22601, (540)665-5651 r,Lf- "P7 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 MEMORANDUM TO: John R. Riley, Jr., County Administrator FROM: Eric R. Lawrence, Planning Director RE: Channing Drive Proffer Update DATE: November 21, 2002 Per your request, staff has researched the current status of various conditions associated with the proffer statement accepted with the Channing Drive rezoning on December 8, 1999, and the master development plan approved December 5, 2001, enabling 848 single-family residential lots. Specifically, staff has compiled information relating to proffers associated with: a limitation on the issuance of building permits; traffic signals; bridge improvements; solid waste; monetary contributions offered toward schools, parks, and fire and rescue, and the recreation center. This information reflects research conducted and is accurate, as of November 20, 2002. The Channing Drive project, at the time of rezoning and master development plan review, consisted of three landowners (Lynnhaven, Giles, and Fu-Shep). Issuance of Building Permits The proffered conditions establish a limit on the number of building permits that could be issued, following a phasing schedule. This phasing schedule would enable no more than 79 residential building permits per year; this accumulates beginning in Year 2000. Therefore, through December 2002, no more than 237 permits would be issued. As of November 20, 2002, 58 residential building permits have been issued for residences within the Channing Drive development. Enforcement and limiting the number of building permits issued is difficult, partially because of building code and property ownership issues. Therefore, the Planning Department monitors and regulates the number of subdivision lots approved and platted as a means to implement the proffer. As ofNovember 20, 2002, 64 residential lots have been platted and an additional 12 lots are pending approval in the Sovereign Village subdivision (a.k.a. Giles property). The Lynnhaven property is currently in the initial stage of subdivision design review to establish 24 residential lots. Therefore, 107 North Kent Street • Winchester, Virginia 22601-5000 Page 2 John R. Riley, Jr., County Administrator Re: Channing Drive Proffer Update November 22, 2002 as ofNovember 20, 2002, a total of 100 residential lots have been platted or included on a subdivision design plan. Staff estimates that these 100 lots could be platted within a few months from now. Traffic Signals The proffers state that a total of $75,000 will be contributed to VDOT to assist with the expense of installing a traffic signal at the intersection of Senseny and Greenwood Roads. This is broken down so that each of the three landowners will be responsible for a $25,000 contribution. VDOT requested these funds from the landowners earlier this year; County staff has not received confirmation whether these contributions have been paid. Bridge Improvements The proffers state that $100 per residential lot would be paid to the County to assist with costs associated with improving the one -lane bridge on Valley Mill Road. These contributions are to be paid at the time of each residential building permit. As of November 20, 2002, the County is in receipt of $5,900, which accounts for 59 building permits. These funds could be considered by the County as matching funds, working in partnership with VDOT. Solid Waste The proffers state that $300 per month would be paid by the three landowners for the use of the solid waste facility located at the Greenwood Volunteer Fire Company. These contributions would be paid to Frederick County "from the time Frederick County encumbers and signs a new lease for expansion of the facility." As of November 20, 2002, the solid waste facility has not been expanded nor has a new lease been signed. Monetary Contributions for Schools, Parks, and Fire and Rescue In regards to the Giles property (a.k.a. Sovereign Village under construction by Manning and Ross), a monetary contribution of $3,558.73 would be paid to the County at the time of each residential building permit application. This accounts for: $2,958.80 for schools; $554.80 for parks; and $435.13 for fire and rescue. This contribution is intended to offset the additional costs to the County due to an increased demand on public services. The County is in receipt of contributions totaling $209,965.07, which accounts for 59 residential lots. As of November 20, 2002, the County has disbursed $1,128.25 to the Greenwood Volunteer Fire Company. Page 3 John R. Riley, Jr., County Administrator Re: Channing Drive Proffer Update November 22, 2002 Recreation Center In regards to the Giles property (a.k.a. Sovereign Village under construction by Manning and Ross), the proffers state that a membership recreation center would be included in the development for use by the residents of the Channing Drive project, as well as other area residents. The proffers did not address when such a facility would be constructed. After discussions with the County Attorney, staff was advised that because the proffer statement did not address when such facility would be constructed, then such facility would only be constructed when the developer deemed it appropriate. It is important to note that this recreation center was not proffered as an amenity solely intended for the residents of the Channing Drive development, but it was in fact a membership facility available to other area residents. Please advise if additional information is necessary. ERL/rsa U:\Eric\Common\MDP\2002\channing drive proffer update.wpd November 15, 2002 Thomas M. Lawson Lawson & Silek, P.L.C. P. O. Box 2740 Winchester, VA 22604 Dear Ty: WON COUNTY of FREDERICK John R. Riley, Jr. County Administrator 540/665-5666 Fax 540/667-0370 E-mail: jriley@co.frederick.va.us The Frederick County Board of Supervisors, meeting in regular session on November 13, 2002, denied the waiver request for the Master Development Plan for Channing Drive as presented in your correspondence dated November 4, 2002. Please do not hesitate to contact me should you have any questions or need additional information. With kindest regards, I am JRR/tjp Sincerely, John R. Riley, Jr. County Administrator cc: Eric R. Lawrence, Planning and Development Director _ RECEIVED NOV 1 5 2002 FREDERICK COUNTY PLANNING & DEVELOPMENT C:\TJP\planning\LetLawsonTyWaiverRequstMDPChaningDry 111 302.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 LAW OFFICES LAWSON AND SILEK, P.L.C. Attorneys and Counselors At Law 160 Exeter Drive, Suite 103 Post Office Box 2740 Winchester, Virginia 22604 Telephone: (540) 665-0050 Facsimile: (540) 722-4051 A professional limited liability company of professional corporations THOMAS MOORE LAWSON, P.C. JOSEPH F. SILEK, JR., P.C. THOMAS MOORE LAWSON* JOSEPH F. SILEK, JR.+ ANN K CRENSHAW *also admitted in West Virginia +also admitted in North Carolina Sender's e-mail: tlawsonGlsplc.com November 4, 2002 John R. Riley, Jr., County Administrator 107 North Kent Street Winchester, VA 22601 M Dear John: Toll Brothers, Inc. Our File No. 600.001 34 � 7g9�O' �� RECEIVES ��� �redenckCoo'n�Y aV \cam pdndn s� � Front Royal Address: Post Office Box 602 Front Royal, Virginia 22630 Telephone: (540) 635-9415 Facsimile: (540) 635-9421 E-mail: silekj@rma.edu REBECCA G. LAWSON ROBERT J. LIGHT PETER THOS. HANSEN ASHLEYE. WIGGINS C. BRIAN MA TKO This is to confirm my request to place a matter before the Board of Supervisors pertaining to the Futral-Sheppard property, which abuts the Apple Ridge and Senseny Glen subdivisions. As you know, I represent Toll Brothers which has a contract to purchase the Futral-Sheppard property. As part of due diligence under the terms of that contract, Toll Brothers has determined that there are two access roads to the Futral-Sheppard property, Morning Glory Drive and Canyon Road, which are depicted on the Master Plan filed with the County to be constructed, but are barricaded to prevent vehicular access. Those barricades can be removed with the Frederick County Board of Supervisor's approval. The Futral-Sheppard property was originally developed as part of a Master Plan Development involving other developers. The development has collectively proffered numerous public improvements, including the construction of Channing Drive. When completed, Channing Drive will serve as an access road between Senseny and Valley Mill Roads. Unfortunately, under Mr. John Riley November 4, 2002 Page 2 the terms of the proffers and the Master Development Plan, there are only two triggers which will force the construction of Channing Drive. One is when a total of 474 building permits have been obtained from Frederick County and the other is if development occurs adjacent to the proposed path of Channing Drive. With the barricades on Morning Glory Drive and Canyon Road, the Futral-Sheppard property is to be accessed through Channing Drive and also another road which runs across one of the other developer's properties. In addition to the issues associated with Channing Drive, there is no trigger requiring construction. The Futral-Sheppard property is landlocked because the path of Channing Drive and the connector road is not dedicated. My clients are willing, provided that they have access through Morning Glory Drive and Canyon Road, to pay their share of the construction costs of Channing Drive and satisfy all the other requirements set forth in the Master Development Plan and proffers. Indeed, my clients are willing to post a cash bond for their share of the construction cost of Channing Drive with Frederick County as a sign of their commitment to the road construction. Last month when this issue was presented to Frederick County's Planning Department, the Planning Department advised that this matter could only be addressed by presenting an amendment to the Master Plan. While my client disagrees with this approach, my client did comply with the Planning Department's requests by filing an amendment to the Master Development Plan. Subsequent to filing the "request for amendment to the Master Plan", County staff advised my client that they needed to secure the signatures of all parties with a property interest in the development. This is a request which we do not believe is based upon any sound principle of law because the request that is being made has no impact on the Master Development Plan or the proffers. Indeed, my client does not wish to amend those in any way. Further still, securing the signatures of the successor developers, builders and individual owners would be problematic at best and I believe, due to the circumstances, of little benefit to this process. For these reasons, we request that you allow this matter to be presented to the Board of Supervisors for their consideration. From our telephone conversation, I understand that this matter will appear on the November 13, 2002 Board of Supervisors agenda. Thank you for your consideration of this request. If you have any questions or if anything further is required to place this matter before the Board of Supervisors, please advise me immediately. Mr. John Riley November 4, 2002 Page 3 TML:cmr cc: Toll Brothers, Inc Dr. George Sheppard Dr. Allen Futral cap LAW OFFICES LAWSON AND SILEK, P.L.C. Attorneys and Counselors At Law 160 Exeter Drive, Suite 103 Post Office Box 2740 Winchester, Virginia 22604 Telephone: (540) 665-0050 Facsimile: (540) 722-4051 A professional limited liability company ojprojessional corporations THOMAS MOORE LAWSON, P.C. JOSEPH F. SILEK, JR., P.C. THOMAS MOORE LAWSON* JOSEPH F. SILEK, JR.+ ANN K. CRENSHAW *also admitted in West Virginia +also admitted in North Carolina Sender's e-mail: tlawson@lsplc.com November 4, 2002 John R. Riley, Jr., County Administrator 107 North Kent Street Winchester, VA 22601 Re: Toll Brothers, Inc. Our File No. 600.001 Dear John: 891 O� � RECEIVES `�w� � 2002 NredenckCo �� '`,rya �inilstc� � zzztiz�'� Front Royal Address: Post Office Box 602 Front Royal, Virginia 22630 Telephone: (540) 635-9415 Facsimile: (540) 635-9421 E-mail: silekj@rma.edu REBECCA G. LAWSON ROBERT J. LIGHT PETER THOS. HANSEN ASHLEY E. WIGGINS C. BRIAN MA TKO This is to confirm my request to place a matter before the Board of Supervisors pertaining to the Futral-Sheppard property, which abuts the Apple Ridge and Senseny Glen subdivisions. As you know, I represent Toll Brothers which has a contract to purchase the Futral-Sheppard property. As part of due diligence under the terms of that contract, Toll Brothers has determined that there are two access roads to the Futral-Sheppard property, Morning Glory Drive and Canyon Road, which are depicted on the Master Plan filed with the County to be constructed, but are barricaded to prevent vehicular access. Those barricades can be removed with the Frederick County Board of Supervisor's approval. The Futral-Sheppard property was originally developed as part of a Master Plan Development involving other developers. The development has collectively proffered numerous public improvements, including the construction of Channing Drive. When completed, Channing Drive will serve as an access road between Senseny and Valley Mill Roads. Unfortunately, under 10 Mr. John Riley November 4, 2002 Page 2 the terms of the proffers and the Master Development Plan, there are only two triggers which will force the construction of Channing Drive. One is when a total of 474 building permits have been obtained from Frederick County and the other is if development occurs adjacent to the proposed path of Channing Drive. With the barricades on Morning Glory Drive and Canyon Road, the Futral-Sheppard property is to be accessed through Channing Drive and also another road which runs across one of the other developer's properties. In addition to the issues associated with Channing Drive, there is no trigger requiring construction. The Futral-Sheppard property is landlocked because the path of Channing Drive and the connector road is not dedicated. My clients are willing, provided that they have access through Morning Glory Drive and Canyon Road, to pay their share of the construction costs of Channing Drive and satisfy all the other requirements set forth in the Master Development Plan and proffers. Indeed, my clients are willing to post a cash bond for their share of the construction cost of Channing Drive with Frederick County as a sign of their commitment to the road construction. Last month when this issue was presented to Frederick County's Planning Department, the Planning Department advised that this matter could only be addressed by presenting an amendment to the Master Plan. While my client disagrees with this approach, my client did comply with the Planning Department's requests by filing an amendment to the Master Development Plan. Subsequent to filing the "request for amendment to the Master Plan", County staff advised my client that they needed to secure the signatures of all parties with a property interest in the development. This is a request which we do not believe is based upon any sound principle of law because the request that is being made has no impact on the Master Development Plan or the proffers. Indeed, my client does not wish to amend those in any way. Further still, securing the signatures of the successor developers, builders and individual owners would be problematic at best and I believe, due to the circumstances, of little benefit to this process. For these reasons, we request that you allow this matter to be presented to the Board of Supervisors for their consideration. From our telephone conversation, I understand that this matter will appear on the November 13, 2002 Board of Supervisors agenda. Thank you for your consideration of this request. If you have any questions or if anything further is required to place this matter before the Board of Supervisors, please advise me immediately. Mr. John Riley November 4, 2002 Page 3 TML:cmr cc: Toll Brothers, Inc Dr. George Sheppard Dr. Allen Futral Channing Drive The County Administrator's Office has received a request from Ty Lawson regarding the Channing Drive project on Senseny Road. Specifically, the request seeks the Board's consideration for removal of two barricades that would restrict access to a portion of the Channing Drive project from the adjoining subdivisions of Senseny Glen and Apple Ridge. The applicant had initially sought to revise the Channing Drive Master Development Plan. Based on County Attorney's advi& staff was unable to accept an application to revise the MDP without the property owner's signatures on the application. Therefore, the applicant has submitted the request directly to the Board for your consideration. Staff has a package of additional information available should you be interested. It includes a location map; photocopies of the text associated with the two road connections in question; and a copy of the approved proffers accepted with the Channing Drive rezoning. (use map! Orient the Board!) As noted on the approved Master Development Plan, the Channing Drive development would not be permitted to access Morning Glory Drive (Apple Ridge) nor Canyon Road (Senseny Glen) until the segments of Channing Drive and Rossman Boulevard are completed to serve as a primary means of access. The MDP note associated with the Morning Glory Drive connection further notes that Board of Supervisor's approval must be achieved before the road connection may be made. • Staff believes that the conditions which existed when the MDP was approved in 2000 continue to exist today. Therefore, enabling the road connection, as requested, may not be appropriate. Neither Channing Drive nor Rossmann Boulevard have been completed to provide a primary means of access; therefore, if the barricades are removed, all generated traffic would transverse Canyon Road and Morning Glory Drive. Staff would note that VDOT has reviewed this request, and has expressed concern with removing the barricades at the present time. The applicant, Mr. Lawson, is here this evening should you have questions for him. Staff is also available to respond to your questions. Thank you. V� -- CONNECTION INILL NOT OCCUR VNTIL THE - - 5E6MENT5 OF CHINNING DRIVE l RO55MANN BLVD. ARE COMPLETED TO SERVE A5 THE PRIMARY MEANS OF ACCESS TO THE VARIOu5 PHASES AND BOARD OF 5UPERV150R5 APPROVAL 4®TIC co 33I q x r �'- ` ! r e � s t k rs x y 5 e x �'��; .r a ,1 _ ✓9 xYt � - � N" is > s3- f.sY�rs t S� . i.' F �t%z s• -z � r r iio ; 4tl A 1 s,4 . F.v i � � - x 'yam z�y � • y A ! y 3a L � { •eSY �a�s@ '�".'z•�y rz � , � 17i�'.brF3+'cti'� 4r <�dti1� f is - ':aiR'' Y✓ �-= 1( GrePnwavEnbineering __.anningDrive Rezoning ty1 k..'r". 1 1 3! O C -11'A NNIIV G D R I VE PROPERTY ID ArUMBERS 55-((A))-205, 209, 211, 213 & 65-((A))-30, 31, 39, 39A, 40 Pursuant to Section 15.2 - 2296 Et Seq., of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia shall approve rezoning application #15-99 for the rezoning of approximately 354.3 acres from the Rural Areas (RA) zoning district to the Residential Performance (RP) zoning district, and the rezoning of 22.0 acres from the Rural Areas (RA) zoning district to the Business General (B2) zoning district, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with said code and zoning ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the applicant and their legal successors, heirs, or assigns. ARTICLE I PHASED CONSTRUCTION PLAID This article shall apply to the following parcels: Lynnehaven, L.C.: 55-((A))-206, and 65-((A))-30, 31 Giles Farm: 65-((A))-39, 39A Sheppard/Futral: 55-((A))-209, 211, 213 and 65-((A))-40 The total number of residential building permits that may be issued for any parcel within the subject property in combination with all other above -referenced parcels shall not exceed the following phasing schedule: r" n _ i ' Greenway Engineering �;j �! 3 ,-i r;� _nanning .Drive Rezoning Year Permits issued to Date 2000 79 2001 158 2002 237 2003 316 2004 395 2005 474 2006 553 2007 632 2008 711 2009 790 2010 846 ARTICLE H. LY1VVE114 VEN, L. C. This article shall apply only to those properties currently owned by Lynnehaven, L.C., property identification numbers 55-((A))-206, and 65-((A))-30, 31. The subject properties are more particularly described as all of the land owned by Lynnehaven, L.C. as recorded in Deed Book 843 at Pages 415, 418, and 424 and reported to collectively contain 91.4 acres. The conditions proffered are as follows: A) AREA ZONED RP - 81.4 ACRES 1. MAXIMUM DENSITY The total number of lots shall be limited so as not to exceed a 2.5 unit per acre density for the entire subject area. 2. PROHIBITED UNIT TYPES Townhouses, weak -link townhouses, and garden apartments, as defined in the Frederick County Zoning Ordinance, shall not be permitted. 3. PEDESTRIAN WALKWAYS Pedestrian walkways shall be provided in the master development plan in addition to required sidewalks. Nature trails shall be constructed by the applicant in open space areas, in dedicated easements, and in tandem with the regional stormwater management network. Said trails shall also link to similar trail systems in adjacent housing developments, and shall be six feet wide with a wood chip or mulched surface. See Exhibit A attached. 0a Greenway Engineering _hanning Drive Rezani; 4. SOLID WASTE The owners of the subject property shall pay $100.00/mo. to Frederick County for the use of the solid waste facility located on the Greenwood Volunteer Fire Company property and serving the Greenwood/Senseny Road area. Said payment shall be made from the time Frederick County encumbers and signs a new lease for the expansion of said facility, or acquires another facility serving this general area, and shall continue for a period of ten years, or the term of said lease, whichever is less. B) AREA ZONED B2 -10.0 ACRES 1. PROHIBITED USES The following uses shall not be permitted on the subject property: Description SIC Automotive dealers 55 Hotels and motels 701 Organization hotels and lodging 704 Golf driving ranges & miniature golf courses 7999 Self-service storage facilities --- Commercial batting cages operated outdoors -- 2. MAXIMUM BUILDOUT In the B2 area established by this rezoning, the maximum cumulative floor area of all buildings in said B2 area shall not exceed 100,000 square feet. 3. BUILDING FACADES Commercial structures within the proposed B2 area shall be faced with brick, drivet. or architectural block on three (3) sides. C) ENTIRE PARCEL 1. CHANNING DRIVE Charming Drive is a new major collector which will be constructed along the eastern boundary of the subject property. Channing Drive shall consist of an 80' dedicated right-of-way with two 12' lanes, along with any associated turn lanes required by the Virginia Department of Transportation. This thoroughfare will be built in sections as warranted by adjacent development. The following criteria establish when the property owner is required to extend Channing Drive: 3 Greenway Engineering ,,J, _ anning Drive Rezoning a) Each subdivision plan for residential housing adjacent to a portion of Channing Drive that has not yet been constructed shall include the construction of the adjacent portion of said drive in the subdivision plan. b) The construction of the first section of Channing Drive, from Senseny Road to the proposed B2 area, shall be included in the first site plan submitted for the B2 area if said road section has not yet been constructed. c) All of Channing Drive from Valley Mill Road to Senseny Road shall be constructed, open for traffic and dedicated to Frederick County before the 475th residential building permit is issued for any of the parcels listed in Article I of this proffer. 2. TRAFFIC SIGNALS a) The installation of a traffic signal at the intersection of Senseny Road and Channing Drive shall be included in the first site plan submitted for the B2 area, if a traffic signal has not yet been installed at said intersection should residential traffic meet signalization warrants. The developer agrees to enter into a signal agreement with VDOT prior to final site plan approval. b) The owners shall make a $25,000 cash contribution towards the installation of a traffic signal at the intersection of Greenwood Road (Route 656) and Senseny Road (Route 657). This contribution shall be made to the Virginia Department of Transportation upon their request and upon approval by said department for the installation of this traffic signal. In the event a traffic signal is installed at said intersection before this contribution is made, the Virginia Department of Transportation may request the transfer of said contribution towards signalization at the intersection of Greenwood Road (Route 656) and Valley Mill Road (Route 659). The developer agrees to enter into a signal agreement with VDOT prior to final subdivision and/or site plan approval. 3. BRIDGE IMPROVEMENTS —There iscurrently-a-_one-lanebrisige_on-Valley-_1Vlill Road where it crosses Abrams -Creek. _The - owners of the subject property shall pay towards feasibility studies, engineering, or construction of improvements to this crossing. These monies, paid to Frederick County, VA, are to be set aside for said improvements, and may be considered by the county for matching funds. Said payments shall be $100.00 per residential lot, at the time the initial building permit is issued for said lot. The owner of the subject property shall be required to pay said monies until the Virginia Department of Transportation awards a contract for a two lane expansion and construction of these improvements on said bridge. 4. TURN LANES AND RIGHT OF WAY DEDICATION a) Right and left turn lanes shall be constructed on Senseny Road at the intersection with Channing Drive. Said lanes shall be constructed by the applicant at the time Channing Drive is connected to Senseny Road. b) Right and left turn lanes shall be constructed on Channing Drive at the intersection with the main entrance road into the Lynnehaven subdivision. 4 Greenway Enyineerin- .nanning Drive Rezoning T J,v iry i Z)Z- ) c) The installation of a total of two turn lanes at the intersection of Senseny Road and Greenwood Road shall be included in the first site plan submitted for the B2 area, if two turn lanes have not yet been installed at said intersection. The necessity of said turn lanes, and their configuration will be subject to later review by the Virginia Department of Transportation. The owners of the subject property shall install said turn lanes or pay to the Virginia Department of Transportation up to $15,000 per turn lane towards the installation of said turn lanes. d) This paragraph shall apply to parcels 55-((A))-206, and 65-((A))-39, 39A: The first site plan submitted for either of these parcels which will result in more than 120,000 sf of commercial area for both parcels collectively shall result in an updated traffic study to determine if additional offsite improvements are required. Said traffic study shall require approval by the Virginia Department of Transportation. 5. DRAINAGE AND WETLANDS DEVELOPMENT Sediment forebays shall be constructed upstream of Twin Lakes in order to decrease the siltation of said lake and settle out man-made impurities. These sediment forebays shall be constructed in such a way as to encourage their development into a wetland with locally indigenous vegetation and wildlife. 6. MONETARY CONTRIBUTION a) Residential: In the event rezoning application 915-99is approved for rezoning, the owners of the subject property will pay to the Treasurer of Frederick County, Virginia, $3,278.31 per residential lot prior to the initial building permit being issued for said lot. This per lot monetary proffer provides for: Schools_----- $539.07 for Frederick County Parks and Recreation $45.13 for Frederick County Fire and Rescue These payments are intended to offset the additional cost to Frederick County due to an increased demand on public services. b) Commercial: In the event rezoning application j5-99is approved for rezoning, the owners of the subject property will pay to the Treasurer of Frederick County, Virginia, $3,245.60 prior to the initial building permit being issued within the B2 zoned area. This monetary contribution is intended to offset the additional capital costs to Frederick County for fire -and rescue services. 5 Green way Eno ineering ..annin; DrPve Rezoning ARTICLE III: ROBEPT A.VILES, et als This article shall apply only to those properties currently owned by Robert A. Giles, et als, and Manning and Ross, LLC, property identification numbers 65-((A))-39, 39A. The subject property includes all of the land described as being owned jointly by Wanda G. High, Janita Giles, Robert A. Giles, and Richard F. Giles as recorded in Will Book 79, page 317, and in Deed Book 889 at Paae 741. Said property is further described by a survey by Curtis L. McAllister dated February 13, 1990 and is reported to contain in aggregate a total of 152.20 acres. The subject property includes all of the land now owned by Manning and Ross, LLC as recorded in Deed Book 948 at page 1760, and contains 51.0 acres. The conditions proffered are as follows: A) AREA ZONED RP -140.2 ACRES 1. MA1GM[JM DENSITY The total number of lots shall be limited so as not to exceed a 2.5 unit per acre density for the entire subject area. 2. PROHIBITED UNIT TYPES Townhouses, weak -link townhouses, and garden apartments, as defined in the Frederick County Zoning Ordinance, shall not be permitted. 3. RECREATION CENTER A community recreation center shall be included in the master development of the subject site. This recreation center shall have a floor area of at least 3,000 square feet and shall include a pool and an outdoor multi -purpose playing court; the facade shall be constructed of brick, wood product, masonry, or drivet. Said facility shall be open for membership by residents of all subdivisions resulting from this Channing Drive Rezoning and shall also be open for membership to all other area residents. 4. PEDESTRIAN WALKWAYS Pedestrian walkways shall be provided in the master development plan in addition to required sidewalks. Nature trails shall be constructed by the applicant in open space areas, in dedicated easements, and in tandem with the regional stormwater management network. Said trails shall also link to similar trail systems in adjacent housing developments, and shall be six feet wide with a wood chip or mulched surface. See Exhibit A attached. 5. SOLID WASTE The owners of the subject property shall pay $100.00/mo. to Frederick County for the use of the solid waste facility located on the Greenwood Volunteer Fire Company property and serving the Greenwood/Senseny Road area. Said payment shall be made from the time Frederick County encumbers and signs a new lease for the expansion of said facility, or acquires another facility serving this general area, and shall continue for a period of ten years, or the term of said lease. whichever is less. 0 Greenway Engineering fanning give Rezoning B) AREA ZONED B2 -12.0 ACRES 1. PROHIBITED USES The following uses shall not be permitted on the subject property: Description SIC Automotive dealers 55 Hotels and motels 701 Organization hotels and lodging 704 Golf driving ranges & miniature golf courses 7999 Self-service storage facilities — Commercial batting cages operated outdoors --- 2. MAXIMUM BUILDOUT In the B2 area established by this rezoning, the maximum cumulative floor area of all buildings in said B2 area shall not exceed 120,000 square feet. 3. BUILDING FACADES Commercial structures within the proposed B2 area shall be faced with brick, drivet. or architectural block on three (3) sides. C) ENTIRE PARCEL 1. CHANN]NG DRIVE Channing Drive is a new major collector which will be constructed along the western boundary of the subject property. Channing Drive shall consist of an 80' dedicated right-of-way with two 12' lanes, along with any associated turn lanes required by the Virginia Department of Transportation. This thoroughfare will be built in sections as warranted by adjacent development. The following criteria establish when the property owner is required to extend Channing Drive: a) Each subdivision plan for residential housing adjacent to a portion of Charming Drive that has not yet been constructed shall include the construction of the adjacent portion of said drive in the subdivision plan. b) The construction of the first section of Channing Drive, from Senseny Road to the proposed B2 area, shall be included in the first site plan submitted for the B2 area if said road section has not yet been constructed. 7 GreenwayEngineerinDrive Rezoning c) All of Channing Drive from Valley Mill Road to Senseny Road shall be constructed, open for traffic and dedicated to Frederick County before the 475th residential building permit is issued for any of the parcels listed in Article I of this proffer. 2. STREETSCAPE The main entrance road into the residential subdivision established on the Giles Farm property shall have four travel lanes, and shall have a median strip at least 10 feet wide. Said roadway shall be streetscaped with deciduous trees (at least one tree per 30 lineal feet), ground cover and shrubbery as allowed by the Virginia Department of Transportation. 3. TRAFFIC SIGNALS a) The installation of a traffic signal at the intersection of Senseny Road and Channing Drive shall be included in the first site plan submitted for the B2 area, if a traffic signal has not yet been installed at said intersection should residential traffic meet signalization warrants. The developer agrees to enter into a signal agreement with VDOT prior to final site plan approval. b) The owners shall make a $25,000 cash contribution towards the installation of a traffic signal at the intersection of Greenwood Road (Route 656) and Senseny Road (Route 657). This contribution shall be made to the Virginia Department of Transportation upon their request and upon approval by said department for the installation of this traffic signal. In the event a traffic signal is installed at said intersection before this contribution is made, the Virginia Department of Transportation may request the transfer of said contribution towards signalization at the intersection of Greenwood Road (Route 656) and Valley Mill Road (Route 659). The developer agrees to enter into a signal agreement with VDOT prior to final subdivision and/or site plan approval. 4. BRIDGE IMPROVEMENTS There is currently a one -lane bridge on Valley Mill Road where it crosses Abrams Creek. The owners of _t is subject proffer §hall pay towards feasibilitkstudies, _engineering, or construction_ of improvements to this crossing. These monies, paid to Frederick County, VA, are to be set aside for said improvements, and may be considered by the county for matching funds. Said payments shall be $100.00 per residential lot, at the time the initial building permit is issued for said lot. The owner of the subject property shall be required to pay said monies until the Virginia Department of Transportation awards a contract for a two lane expansion and construction of these improvements on said bridge. 5. TURN LANES AND RIGHT OF WAY DEDICATION a) Right and left turn lanes shall be constructed on Senseny Road at the intersection with Channing Drive. Said lanes shall be constructed by the applicant at the time Channing Drive is connected to Senseny Road. b) Right and left turn lanes shall be constructed on Senseny Road at the intersection with the main entrance road into the Giles Farm subdivision. 8 Greenway Engineering,iannin- .Drive Rezonin, c) Right-of-way shall be dedicated to the Commonwealth of Virginia along the entire frontage of Senseny Road. Said right-of-way shall extend 40' from the existing road centerline. d) The installation of a total of two turn lanes at the intersection of Senseny Road and Greenwood Road shall be included in the first site plan submitted for the B2 area, if two turn lanes have not yet been installed at said intersection. The necessity of said turn lanes, and their configuration will be subject to later review by the Virginia Department of Transportation. The owners of the subject property shall install said turn lanes or pay to the Virginia Department of Transportation up to $15,000 per turn lane towards the installation of said turn lanes. e) This paragraph shall apply to parcels 55-((A))-206, and 65-((A))-39, 39A: The first site plan submitted for either of these parcels which will result in more than 120,000 sf of commercial area for both parcels collectively shall result in an updated traffic study to determine if additional offsite improvements are required. Said traffic study shall require approval by the Virginia Department of Transportation. 6. DRAINAGE AND WETLANDS DEVELOPMENT Sediment forebays shall be constructed upstream of Twin Lakes in order to decrease the siltation of said lake and to settle out man-made impurities. These sediment forebays shall be constructed in such a way as to encourage their development into a wetland with locally indigenous vegetation and wildlife. 7. MONETARY CONTRIBUTION TO OFFSET IMPACT OF DEVELOPMENT a) Residential: In the event rezoning application # 15-99s approved for rezoning, the owners of the subject property will pay to the Treasurer of Frederick County, Virginia, S3,558.73 per residential lot prior to the initial building permit being issued for said lot -_ Thi—pex1Qt_monetar-y- contribution -provides -for. $2,958.80 for Frederick County Public Schools $554.80 for Frederick County Parks and Recreation $45.13 for Frederick County Fire and Rescue These payments are intended to offset the additional cost to Frederick County due to an increased demand on public services. b) Commercial: In the event rezoning application 45-99.s approved for rezoning, the owners of the subject property will pay to the Treasurer of Frederick County, Virginia, $3,898.68 prior to the initial building permit being issued within the B2 zoned area. This monetary contribution is intended to offset the additional capital costs to Frederick County for fire and rescue services. 0 Greenway Engineering `` arming Drive Rezoning This article shall apply only to those properties currently owned by Drs. George Sheppard & Allen Futral, property identification numbers 55-((A))-209, 211, 213, and 65-((A))-40. The subject property is more particularly described as all of the land owned by Fu-Shep Farm Partnership as recorded in Deed Book 789 at Page 1022 and further described by a survey by Curtis L. McAllister dated February 13, 1990. The conditions proffered are as follows: 1. MA UMUM DENSITY The total number of parcels shall be limited so as not to exceed a 2.2 unit per acre density for the entire collective area for parcels 55-((A))-209, 211, and 213, and a 2.5 unit per acre density for parcel 65-((A))-40. 2. PROHIBITED UNIT TYPES Townhouses, weak -link townhouses, and garden apartments, as defined in the Frederick County Zoning Ordinance, shall not be permitted. 3. PEDESTRIAN WALKWAYS Pedestrian walkways shall be provided in the master development plan in addition to required sidewalks. Nature trails shall be constructed by the applicant in open space areas, in dedicated easements, and in tandem with the regional stormwater management network. Said trails shall also link to similar trail systems in adjacent housing developments, and shall be six feet wide with a wood chip or mulched surface. See Exhibit A attached. 4.-SOLID-WASTE- The owners of the subject property shall pay $100.00/mo. to Frederick County for the use of the solid waste facility located on the Greenwood Volunteer Fire Company property and serving the Greenwood/Senseny Road area. Said payment shall be made from the time Frederick County encumbers and signs a new lease for the expansion of said facility, or acquires another facility serving this general area, and shall continue for a period of ten years, or the term of said lease, whichever is less. 5. CHANNING DRIVE All of Channing Drive from Valley Mill Road to Senseny Road shall be constructed, open for traffic and dedicated to Frederick County before the 475th residential building permit is issued for any of the parcels listed in Article I of this proffer. Greenway Engineering anning Drive Rezoning 6. TRAFFIC SIGNAL The owners shall make a $25,000 cash contribution towards the installation of a traffic sipal at the intersection of Greenwood Road (Route 656) and Senseny Road (Route 657). This contribution shall be made to the Virginia Department of Transportation upon their request and upon approval by said department for the installation of this traffic signal. In the event a traffic signal is installed at said intersection before this contribution is made, the Virginia Department of Transportation may request the transfer of said contribution towards signalization at the intersection of Greenwood Road (Route 656) and Valley Mill Road (Route 659). The developer agrees to enter into a signal agreement with VDOT prior to final subdivision and/or site plan approval. 7. BRIDGE IMPROVEMENTS There is currently a one -lane bridge on Valley Mill Road where it crosses Abrams Creek. The owners of the subject property shall pay towards feasibility studies, engineering, or construction of improvements to this crossing. These monies, paid to Frederick County, VA, are to be set aside for said improvements, and may be considered by the county for matching funds. Said payments shall be $100.00 per residential lot, at the time the initial building permit is issued for said lot. The owner of the subject property shall be required to pay said monies until the Virginia Department of Transportation awards a contract for a two lane expansion and construction of these improvements on said bridge. 8. DRAINAGE AND WETLANDS DEVELOPMENT Sediment forebays shall be constructed upstream of Twin Lakes in order to decrease the siltation of said lake and to settle out man-made impurities. These sediment forebays shall be constructed in such a way as to encourage their development into a wetland with locally indigenous vegetation and wildlife. 9. MONETARY CONTRIBUTION TO OFFSET IMPACT OF DEVELOPMENT .In the event _rezoning_application_#1� 94 - _is___ approved, _ and the __property is subsequently developed within an RP zone, the undersigned will pay to the Treasurer of Frederick County, Virginia $4,205.14 per residential lot prior to the initial building permit being issued for said lot. This per lot monetary contribution provides for: $3,568.94 for Frederick County Public Schools $591.07 for Frederick County Parks and Recreation $45.13 for Frederick County Fire and Rescue This payment is intended to offset the additional cost to Frederick County due to an increased demand on public services. Greenway Engineering July 2, 1999 canning Drive Rezoning J4 a ARTICLE V: SIGNATURES The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the applicant and owner. Iri the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: Robert A. Giles, tx"ec'utor, Giles Farm Commonwealth of Virginia, U' Cit /County f - XTo Wit: The foregoing instrument was acknowledged before me this day of 1999 b 1. Notary Public My Commission Expires , ohn Scully, Lynnehave .0 - --Co o�_ J� f,{Virgin(a� ---- -__ - -- - City • ount of o A-�-C To Wit: The foregoing instrument was acknowledged before me this �h day of n 1999 by � U Notary Public My Commission Expires 12 Greenway Engineering July 2, 1999 ianning Drive Rezoning Dr. George Sheppd r Commonwealth of Virginia, �J n �- Mamie Sheppard 1 Cityr/ounyofy1�01\ 1 C -! To Wit: The foregoing instrument was acknowledged before me this day of 0 ; , 1999 by Notary Public My Commission Expires 1 ` ic,� �'72�,1 , QrCC Dr. Allen Futral Commonwealth of Virginia, �etty Futral City/ ounty f � n- n k o aulc �t- To Wit: The foregoing instrument was acknowledged before me this}h day of , 1999 by sya ±VlQ_ - - - - -- —Notary-Publi - - My Commission Expires !al 13 Greenway Engineering Madison, Manager, Manning and Ross, LLC - canning Drive Rezoning �D J Commonwealth of Virginia, v City ounty f , X ; , e To Wit: The foregoing instrument was acknowledged before me this D day of 1999 by Notary Public Manager, Manning and Ross, LLC Commonwealth of Virginia, Ci Coun of �: L chJ 0 x To Wit: The foregoing instrument was acknowledged before me this day of 1999 by -- - -Notary Public_ - My Commission Expires c� 14 0 O FILE C COUNT of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/ 665-6395 November 10, 2003 Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, Va 22602 RE: Preliminary Review Comments for Channing Drive MDP (revised) Property Identification Numbers (PINS) 55-A-206, 55-A-209, 55-A-211, 55-A-213, 65-A-30, 65-A-31, 65-A-32, 65-A-33, 65-A-39, 65-A-39A, and 65-A-40 Dear Evan: I am providing you with this letter to inform you of Staff s preliminary review comments for the above - referenced master development plan. The plan is a revision of the original master development plan, which was approved by Frederick County on December 5, 2001. As you have informed me, the revised master development plan proposes to change the overall street layout of the Giles and Lynnehaven portions of the development. All of the comments shown below must be adequately addressed prior to administrative approval. Review Comments 1) Owners' Signatures. Prior to any further review or administrative approval staff requires the signatures of all property owners on the master development plan. Staff is also attaching a copy of a power of attorney agreement for signature by the property owners. Once signed by all parties, the power of attorney agreements would allow Greenway Engineering to represent the property owners. 2) Owners' Names, Addresses, and Telephone Number. Dr. George Sheppard's name is incorrectly spelled. There is also no phone number for Mr. Sheppard. Also, parcels 65-A-32 and 33 are listed by the County as being owned by Q R Development, LLC. Please make all necessary changes to ensure that all of the owners' information is accurate. 3) Open Space. The spatial relationship between the open space and the lot area does not appear to be functional at three locations. These locations are: 1) along the south side of Sesar Court, 2) the southeast side of Scully Court, and 3) the entire back half of Thompson Court. The latter of these is actually shown within the open space and road efficiency buffer. Please make the necessary changes to correct this. Please also ensure that the open space calculations are 107 North Kent Street • Winchester, Virginia 22601-5000 Page 2 Mr. Evan Wyatt Preliminary Review Comments for Channing Drive MDP (revised) November 10, 2003 changed as necessary. 4) Open Space & Canyon Drive. Please correct the obvious error with the location of open space and the modified location of Canyon Drive, at the intersection of Canyon Drive and Channing Drive. Please also ensure that the open space calculations are changed. 5) Open Space & Road Efficiency Buffer. Why isn't the area comprising the road efficiency buffer included as open space? The Zoning Ordinance does not permit lots to be located within road efficiency buffers. Therefore, this area needs to become open space. Please make all changes necessary to correct this. 6) Location of Entrances to B2 Properties. Please show the general location of all proposed entrances to the B2 portions of the site. Please note that all new entrances or road intersections on Channing Drive must be separated by a distance of at least 200'. Also, entrances off of Farmington Blvd. must be separated from the intersection with Charming Drive by at least 150'. 7) Recreational Facilities. Please show the location of all proposed recreational facilities. 8) Phasing of Heath Court. If all of the lots along Heath Court are intended to be developed in Phase 8, then please change the phasing lines to reflect this. The current phasing lines show a portion of the lots along Heath Court in Phase 7. 9) Intent of Heath Court and Parcel 55-A-208. Is Heath Court intended to be extended into Parcel 55-A-208 in the future? If so, then Heath Court should be stubbed at the property line. Please address this concern. 10) Steep Slopes. Please show and label all areas of steep slopes. If these areas are shown on the proposed plan, then they are undistinguishable from areas of open space (refer to legend). 11) Landscaping. Please indicate whether tree preservation landscaping, street tree landscaping, or ornamental landscaping will be used with this development. If one of the two landscaping options are used, an overall landscaping plan is needed. This plan should address the portions of the site which are already developed. 12) Lot Detail on Page 3 of 4. Please label the typical lot detail on page 3 of 4. Please add typical lot landscaping if ornamental or street tree landscaping is proposed. 13) Adjoining Parcel. The parcel to the north, shown on the site plan as 55-A-180, is identified by County records as parcel 55-A-181 and owned by Arcadia Development Co. Op Page 3 Mr. Evan Wyatt Preliminary Review Comments for Channing Drive MDP (revised) November 10, 2003 14) Phasing of Channing Drive. Please clarify the proposed phasing of all portions of Channing Drive which are located on this site. 15) Channing Drive Trail. Please provide a hard -surfaced trail along Channing Drive. A mulch or wood chip trail may not be appropriate if the trail is incorporated into a regional trail system in the future. 16) Riparian Buffers. Please provide the required riparian buffer along both sides of all natural waterways that exist on the property. 17) Application Materials. Please provide the appropriate application materials. This includes an application (signed by all owners), application fee, and review comments from all relevant agencies and departments. Review comments are required from the following agencies/departments: the Frederick County Department of Public Works, Frederick County Department of Building Inspections, Frederick County Department of Parks & Recreation, Frederick County Fire Marshal, Frederick County Sanitation Authority, the Airport Authority, the Frederick County GIS Department, and the Virginia Department of Transportation (VD07). Staff requires a complete application, which addresses all of the above comments, prior to further review. Please do not hesitate to contact me with questions regarding this application. Sincerely, Jeremy F. Camp Planner II Attachment: Power of Attorney Agreement JFC/bad U: VeremyWaster Development PlanslChanning DrivelPreliminary Review Comments.wpd M W COPY COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 February 20, 2003 Lawson and Silek, P.L.C. Attn: Ty Lawson P.O. Box 2740 Winchester, Virginia 22604 RE: Fu-Shep Tract - Board of Zoning Appeals Application Submittal Dear Mr. Lawson: On February 12, 2003, you submitted an application for an appeal to the Board of Zoning Appeals (BZA) regarding a decision related to the submittal of a subdivision design plan (SDP). The submitted SDP was for a tract of land illustrated on the Charming Drive Master Development Plan (MDP) known as the "Fu- Shep" tract. The submitted SDP was not accepted for review because it did not conform with the approved MDP (#08-00). As the Subdivision Administrator, I determined that the submitted SDP was not in conformance with the development sequence requirements provided on the approved MDP. The proper venue to appeal this determination is provided by § 144-5 of the Frederick County Subdivision Ordinance. This section allows a decision made by the Subdivision Administrator to be appealed to the Board of Supervisors preceded by a recommendation from the Planning Commission. Therefore, your application to the BZA and fee is being returned to you. I have also enclosed an application for appeal/exception to the Subdivision Ordinance, if you wish to pursue the appeal process. When the completed application is received, the appeal will be scheduled for the fist available Planning Commission meeting. If you have any questions, please feel free to cal I. Sincerely, paa �Ir4� Patrick T. Davenport Zoning and Subdivision Administrator PTD/bah Enclosure: Check for BZA Appeal Fee (Check #7547 - $300.00) Subdivision Waiver/Exemption Request Application cc: John R. Riley, Frederick County Administrator Lawrence R, Ambrogi, County Commonwealth's Attorney Gina Forester, Red Bud District Supervisor Richard Shickle, Chairman, Board of Supervisors U:\Patrick\Common\Misc corresp\Channing Drive BZA appeal retum.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 i Ts 00, CACCL -------------- �r- �hc se�� CS C LAW OFFICES LAWSON AND SILEK, P.L.C. Attorneys and Counselors At Law 160 Exeter Drive, Suite 103 Post Office Box 2740 Winchester, Virginia 22604 Telephone: (540) 665-0050 Facsimile: (540) 722-4051 A professional limited liability company ofprofessional corporations THOMAS MOORE LAWSON, P.C. JOSEPH F. SILEK, JR., P.C. THOMAS MOORE LAWSON* JOSEPH F. SILEK, JR.+ ANN K. CRENSHAW *also admitted in West Virginia +also admitted in North Carolina Sender's e-mail: tlawson@lspic.com February 12, 2003 Mr. Eric Lawrence, Planning Director The Department of Planning and Development 107 North Kent Street, 4th Floor Winchester, VA 22601 Re: Toll Bros., Inc. Our File No. 600.001 Dear Eric: Front Royal Address: Post Office Box 602 Front Royal, Virginia 22630 Telephone: (540) 635-9415 Facsimile: (540) 635-9421 E-mail: silekj@rma.edu REBECCA G. LAWSON ROBERT J. LIGHT PETER THOS. HANSEN ASHLEY E. WIGGINS C. BRIAN MATKO Enclosed please find an Application for Appeal to the Board of Zoning Appeals for the County's wrongful interpretation of the Master Development Plan restricting access to the Fu-Shep Farm Partnership property. Also, in the alternative, this is to confirm our conversation that Fu-Shep Farm Partnership and Toll Bros., Inc. are appealing this decision to the Frederick County Board of Supervisors. It is my understanding that your office, with the enclosed, will process any appeal that is required to the Board of Zoning Appeals and to the Frederick County Board of Supervisors. Thank you for your continued assistance and cooperation in this matter. If anything further is required to effect the aforementioned appeals, please advise me immediately. Very truly yours, AA Thoma TML:cmr Enclosures cc: Toll Bros., Inc. Reed Smith, LLP Y FEB 19.2003 APPLICATION FOR APPEAL IN THE COUNTY OF FREDERICK, VIRGINIA y ��,+y�(s� y, . ..nc.�' Psr� ZY �xN4 � y 3 F f �� '3 �Esfa�2'1� ,��Xw�w XYY��lh��G�h t�.. 'S'ho•<` •-� - iff „r jam,, a Fear Pdlt�L�saklJ� - - MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT . 1. The applicant is the owner X_ other _ _. (Check one) 2. APPLICANT: DMURAM: (if different) Co -Applicant NAME: Toll Bros., Inc. NAME: Et, -Shen Farm Partnership C/o Lawson & Silek, PLC c/o Reed Smith ADDRESS 160 Exeter Dr; vP ADDRESS: 44084 Riverside Parkway, #300 Winchester,'VA 22603 Leesburg, VA 20176, TELEPHONE: 540-665-0050 TELEPHONE:703-729-8591 3. The property is located at (give exact directions and include State Route numbers) : South of Val IPy Mi11 Road (Rt_ 659)-and North of Senseny Road (Rt. 657) 4. Magisterial District: Stonewall Magisterial District. 5. Property Identification No.: 5 5 - ((A)) - 209, 21 1 , 213 6. The existing zoning of the property is: Residential Performance (RP) 7. The existing use of the property is: None 8. Adjoining Property: USE ZONING North Agricultural East Agricultural South Residential West Residential RA RA RP RP 9. Describe the decision being appealed. (Attach a copy of the written decision.) See attached. 10. Describe the basis of the appeal, indicating your reason(s) for disagreeing with the decision. (This may be provided on separate sheet.) See attached 11. Additional comments, if any: 9 and 10. The Applicant and Co -Applicant are appealing the determination by Frederick County through its Zoning and Subdivision Administrators' decision to reject a Subdivision Design Plan submitted for the Channing Drive Phase 9 (Fu-Shep tract) property by stating that the Subdivision Design Plan is not in conformance with the approved Master Development Plan and further by stating that Frederick County did not review the submitted plan because it was "inconsistent" with the Master Development Plan (Zoning and Subdivision Administrator's letter is attached). Frederick County has incorrectly determined or interpreted the Master Development Plan as precluding access to the Fu-Shep Farm Partnership property. Specifically, Frederick County has wrongly interpreted the Master Development Plan as precluding access to the Fu-Shep Farm Partnership property across a 3.943-acre parcel and Frederick County, through its County Administrator, in his letter attached, has further wrongly interpreted the Master Development Plan or any of its other predecessor filings as causing the 3.943-acre parcel to be declared as open space and finally, Frederick County has improperly interpreted the Master Development Plan as precluding access to the Fu-Shep Farm Partnership property across Morning Glory Drive and/or Canyon Road. Sheets of the Master Development Plan which make reference to restrictions that access across Morning Glory Drive and Canyon Road were prepared after the Master Development Plan was signed by the owners of Fu-Shep Farm Partnership and have not been agreed to by the owners of Fu- Shep Farm Partnership. Further, the sheets bearing notations of restrictions to access to Morning Glory Drive and Canyon Road are inconsistent with the Proffers and the original Master Development Plan which was signed as accepted by the Applicants. The Board of Zoning Appeals should determine that those sheets are nonbinding on the Fu-Shep Farm Partnership property as a matter of law. Finally, the Applicants submit that the determinations made by Frederick County are plainly wrong and should be reversed by the Board of Zoning Appeals. 12. The following names and addresses are all of the individuals, firms, of corporations owning property adjacent to the property for which the appeal is being sought, including properties at the sides, rear, and in front of (across street from) the subject property. (Use additional pages if necessary.) These people will be notified by mail of this application: (Please list Property Identification Number.) rNI Manning & Ross Developers Addressp.O. Box 27 Winchester VA 22604 Property ID# 6 5- ((A)) - 3 9 Arcadio Developers, LLC Addressp_O. Box 1728 Leesburg, VA 20175 Property ID # 5 5 - ((A)) -1 81 Goldies, LC Address 310 Eddy's Property ID # John S. and Edward D. aggerty Address 5 Partridge Lane Lincoln-. MA 0177 Property ID# 55-((A))-212 Michael L, and Janice Wade Address 113 Primrose Property ID # Jeffrey Beavers Address 111 Primrose Place, Property ID # Bonnie Martin Address 109 Primrose Place, h Property ID # 6 5 E- ((1)) - 3 6 William D. and Barbara Genda Address P Property ID # Richard and Kay Edens Address 105 Primrose Place, Winchester, 22602 Property ID # 6 5 E- ((1)) - 3 4 Robert and Kimberly Schoel Address103 Primrose Place, Winchester 22602 Property ID # 6 5E- ((1)) - 3 3 Ronald & Kathleen Ladesic Addres Property ID # 6 5 E- ((1)) - 3 2 502 260 )2 12. The following names and addresses are all of the individuals, firms, or corporations owning property adjacent to the property for which the appeal is being sought, including properties at the sides, rear, and in front of (across street from) the subject property. (Use additional pages if necessary.) These people will be notified by mail of this application: (Please list Property Identification Number.) Mildred Riggleman Address 2737 Senseny Road, Winchester 22602. Property ID # 65E- 1 -1 95 Kenneth E. & Flonnie M. Williams Address 428 Maple Ave. Waukesha, WI 53188 Property ID # 65E- ((1)) -3.1 Senseny Glen Subdivision Address Winchester VA 22602 PropertyID# 65F-((1))-1-127A Apple Ridge Subdivision HOA Address Winchester, VA 22602 Property ID # 65E- ((1) ) Fu-Shep Farm Partnership Address 44084 Riverside Parkway, #300 A 20176 PropertyID# 6 5- ((A)) - 4 0 Address Property ID # Address Property ID # Address Property ID # Address Property ID # Address Property ID # Address Property ID # AGREEMENT APPEAL # I (we), the undersigned, do hereby respectfully petition the Frederick County Board of Zoning Appeals (BZA) to overrule the administrative interpretation of the County Zoning Ordinance as described herein. I agree to comply with any conditions required by the BZA. I authorize the members of the BZA and Frederick County officials to go upon the property for site inspection purposes. I hereby certify that all of the statements and information contained herein are, to the best of my knowledge, true. Fu-Shep Farm Partnership, by counsel SIGNATURE OF APPLICANT DATE CO -APPLICANT Toll Bros., Inc., by counsel SIGNATURE OF 0=JM' . d;i (14 DATED — (if other than applicant) iGT___ BZA PUBLIC HEARING OF -OFFICE USE ONLY- - DATE - APPEAL OVERRULED APPEAL SUSTAINED SIGNED: DATE: File O \Land Use Applications\Application Fo ms\APPEAL Revised. 01 / 14/03 ACTION: BZA CHAIRMAN UL/ iL/ LUUJ la: UO r11A I UJ I J4 40110 02-12-2006 ISM From^ IN & SILEK ME]) SMITH 10 007 +5407Z' T-i64 P.00i/O10 F6B0 AGREEMNT APPEAL # r (we), theundersiigned, do harebyrespecn%llypedticn theFrederick County Board ofZonir►g Appeals (BZA) to overrule the administrative intotprctation.of the County Zoning Ordinance as described herein- I agree to comply with any conditions required by the BZA. I authorize the members of the BZA and Frederick County officials to go upon the property for Site inspection purposes. I hereby certify that all ofthe statements and info oration contained herein are, to the best of my knowledge, true, F -Sh g m P �tnership, by counsel a SIGNATURE OF APPLICANT DATE CO -APPLICANT Toll Bros., Inc., by counsel SIGNATURE OF 6MZQM DATE (if other than applicant) -OFFICE USE ONLY. BZA PUBLIC HEARING OF ACTION: - DATE - ,APPEAL OVERRULED APPEAL SUSTAINED rk o•WYoaubcppua=uVpplkmm.roM"EAL Rg". nu Iwo SIGNED- BZA CHAIRMAN DATE: January 14, 2003 Eastern States Engineering P.O. Box 651208 Sterling, Virginia 20165-1208 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 FAXED TO: 703-433-6204 RE: Channing Drive Phase 9 (Fu-Shep Tract) - Subdivision Design Plan Submittal Dear Mr. Collins: On January 10, 2002, you submitted a subdivision design plan (SDP) for a tract of land on the Channing Drive Master Development Plan (MDP). Specifically, the SDP is for the development of Phase 9 of Channing Drive and is also known as the Fu-Shep tract. The submitted SDP is not in conformance with the approved MDP (#08-00) approved on December 5, 2001. Staff will be unable to review the submitted plan as it is inconsistent with the MDP. Please arrange to have your plan submittal and check retrieved at your earliest convenience. Sincerely, Patrick T. Davenport Zoning and Subdivision Administrator PTD/bah cc: Mr. Ty Lawson, P.O. Box 2740, Winchester, Virginia 22604 John R. Riley, Frederick County Administrator Lawrence R, Ambrogi, County Commonwealth's Attorney U1Patrick\Common\S D Reviews\Channig Drive Ph 9 SDP retum.wpd 107 North Kent Street - Winchester, Virginia 22601-5000 1 COUNTY of FREDERICK John k Riley, Jr. County Administrator 540/665-5666 Fax 540/667-0370 January 13, 2003 Mr. Thomas Moore Lawson 160 Exeter Drive, Suite 103 Winchester, Virginia 22604 RE: Futral and Sheppard Properties - Channing Drive Master Development Plan Dear Ty: I write in response to your letter dated December 11, 2002, regarding the Channing Drive Master Development Plan, and more specifically, the Futral-Sheppard properties. In your letter, you assert a number of points that I feel necessitate my response for clarification of the County's position. As stated on Page 1 of your letter, " ...it is apparent that the Board of Supervisors are of the opinion that any decision to remove the restriction to access through that road (Morning Glory Drive) does not require Master Development Plan review." The access restriction is a note placed on the Master Development Plan (MDP) by the applicant; the County has accepted this note by evidence of the County approval affixed to this plan on December 5, 2001. This access note applies to bothMorning Glory Drive and Canyon Drive. More specifically, the notes state: Note applicable to Morning Glory Drive: "Connection will not occur until the segments of Channing Drive and Rossmann Blvd. are completed to serve as the primary means ofaccess to the various phases and Board of Supervisors approval." Note applicable to Canyon Road: "Connection will not occur until the segments of Channing Drive and Rossmann Blvd. are completed to serve as the primary means ofaccess to the various phases." Removal of this access restriction would require a MDP revision, or compliance with the note as stated. As stated on Page 2 of your letter, " ... the Master Development Plan is a series of plats ..." This is inaccurate. The MDP is a document which illustrates the characteristics of the property(ies) proposed for development, and promotes orderly planned development. The MDP is not a plat, but a development plan which identifies the locations of proposed roads, public utilities, stormwater management areas, environmental features, etc. As stated on Page 2 of your letter, "...all notes contained on the Master Development Plan plats are binding on the property owners because the Master Development Plan plats carry the signatures of all 107 North Kent Street - Winchester, Virginia 22601-5000 Page 2 Mr. Thomas Moore Lawson Re: Futral and Sheppard Properties; Channing Drive MDP January 13, 2003 landowners." This is inaccurate. The notes on the MDP are binding because the document has been presented to the County for approval, and the County has granted approval of the plan as presented and/or described. Signatures on the MDP are not required by the Zoning Ordinance; therefore, such signatures or lack of signatures do not affect the approval status of the plan or its binding nature on present or future owners. Furthermore, the MDP was presented to the County for approval by the applicant, and the County approved the document as presented by the applicant or his agent. 4. As stated on Page 2 of your letter, "... the County has no authority to restrict access to the property." The County has not restricted access to the property. The MDP, as presented to the County for approval, contained notes regarding access. These notes were placed on the plan by the applicant, and approved by the County. The property owners may continue to utilize their properties for agricultural uses, as the properties have traditionally been utilized. If it is the property owner's intent to develop the properties for residential uses, consistent with the RP Zoning District, then all applicable ordinance requirements would apply to the new development. 5. As stated on Page 3 of your letter, "... the Master Development Plan makes reference to the property solely as it is referenced in the land records of Frederick County as a right-of-way." This is inaccurate. The MDP identifies the limits ofthe recorded properties, but does not reference the subject 75-foot wide tract as a right-of-way. The MDP depicts the subject tract as being located between proposed residential roads and the existing Glenmont Village and Apple Ridge subdivisions. I would note that illustratives provided during the rezoning for this development identified the area for open space. I would also note that based on information ascertained more recently, your prior assertions that Channing Drive would not be constructed appears to be inaccurate. The County is currently reviewing design plans for an approximate 700-foot segment of Channing Drive, as measured from its future intersection with Senseny Road. Site work preparing for this road has already entered the initial earthworks. Additionally, the County has learned that the required wetlands review to accommodate the Channing Drive. road project has neared completion, after an approximate two-year study.. Therefore, I believe, and have been assured, that Channing Drive will be constructed in a phased development consistent with the approved MDP. I hope this helps clarify Frederick County's position regarding this matter. Please feel free to contact me if you wish to discuss it further. Sincerely, John R. Riley, Jr. County Administrator ERUJRR/rsa U:\Eric\Common\MDP\2003\channing drive 2.wpd Twin Lakes Approvals Subject: Twin Lakes Approvals Date: Mon, 30 Jan 2006 13:36:06 -0500 From: "Ingram, Lloyd"<L1oyd.Ingram@VDOT.Virginia.gov> To: 'Brad Smiley' <BRSMILEY@tollbrothersinc.com> CC: "Ingram, Lloyd" <Lloyd.Ingram@VDOT.Virginia.gov>, "'Mark Cheran (E-mail)"' <mcheran@co.frederick.va.us>, 'Eric Lawrence' <elawrenc@co.frederick.va.us> Brad, In response to your request, we are providing this correspondence to advise we have approved the modified driveways for this subdivision provided there is significant improvement in the workmanship of these driveways. If we do not see this improvement, we will fall back to the original CG-9D entrance. Your second request was guardrail. The weathered guardrail has been approved provided it meets current VDOT standards. However, we are still asking for a sketch of the proposed end sections for our review and approval. Item three was handrail approval. The type of handrail you proposed, HR-1 has been approved provided it meets the requirements that have already been forwarded to you. Prior to the etching process, District Materials needs to know your method of etching. As soon as you are aware of this, please forward to us so we may forward to District Materials to obtain approval on the method you intend to utilize to etch the galvanized materials. Should you have any questions or concerns regarding the above items, do not hesitate to give me a call to discuss. Lloyd A. Ingram << ... OLE_Obj... >> Transportation Engineer VDOT — Edinburg Residency Land Development 14031 Old Valley Pike Edinburg, VA 22824 (540) 984-5611 (540) 984-5607 (fax) 1 of 1 2/28/2006 7:55 AM r c 0 CO RICK Department of Planning and Development 5401665-5651 January 31, 2005 Mr. Stephen S. Collins Eastern States Engineering P.O. Box 651203 Sterling, Virginia 20166-1208 RE: Channing Drive, Phase 9 —Subdivision Design Plan (SDP) Approval Dear Mr. Collins: This letter is to confirm that the Subdivision Design Plan for Channing Drive, Phase 9, (Sections 1 and 2) has been approved. Enclosed are six (6) copies of the cover sheets for your records and distribution. In addition to the information provided on the approved design plans, the plat should include the approval signatures of the Frederick County Sanitation Authority and the Virginia Department of Transportation. Additionally, a deed of dedication for the subdivision that shows the establishment of the POA and appropriate guarantees for the subdivision and the community center will be required prior to final plat approval. Sincerely, Candice E. Perkins Planner II CEP/bad cc: Toll VA, 21630 Ridgetop Circle, Dulles, VA 20166 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 LAWSON AND SILEK, P.L.C. 160 EXETER DRIVE, SUITE 103 POST OFFICE BOX 2740 WINCHESTER, VA 22604 TELEPHONE: (540) 665-0050 THOMAS MOORE LAWSON • TLAWSON(&,,LSPLC.COM FACSIMILE: (540) 722-4051 January 26, 2005 Mark R. Cheran Subdivision Administrator 107 North Kent Street Winchester, VA 22601 Lawrence R. Ambrogi, Esquire Frederick County Attorney 107 North Kent Street, Suite 202 Winchester, VA 22601 Re: Toll Bros., Inc. Our File No. 600.001 Dear Gentlemen: J L JAN 2 7 20C 5Uf FRE )FMCK COUNTY r DEVELOPMENT Please find enclosed copies of the Deed of Dedication and Declaration of Covenants, Conditions, and Restrictions for Twin Lakes Overlook Phase 9 Section 1 (Fk/a Channing Drive Phase 9 Section 1) for your review and comment. Should you have any comments or concerns, please do not hesitate to let me know. Thank you for your continued assistance and cooperation. I look forward to hearing from you shortly. TML: sih Enclosure cc: Toll Bros., Inc. FRONT ROYAL ADDRESS: POST OFFICE BOX 602, FRONT ROYAL, VIRGINIA 22630, TELEPHONE: (540) 635-9415, FACSIMILE: (540) 635-9421,E-MAIL: SILEK) R LYNXCONNECT.COM FAIRFAX ADDRESS: 10805 MAIN STREET, SUITE 200, FAIRFAX, VIRGINIA 22030, TELEPHONE: (703) 352-2615, FACSIMILE:(703) 35241", E-MAIL: THOMASO.LAWSON _VERIZON.NET THIS DEED OF DEDICATION made and dated this day of 2005, by and between TOLL VA IV, L.P., a Virginia Limited Partnership, party of the first part, herein referred to as "Declarant" (Grantor for indexing purposes), and FREDERICK COUNTY, VIRGINIA, party of the second part (Grantee for indexing purposes), THE FREDERICK COUNTY SANITATION AUTHORITY, party of the third part (Grantee for indexing purposes), and TWIN LAKES OVERLOOK COMMUNITY ASSOCIATION, INC. a Virginia non -stock corporation, its successors and assigns (the "Association") (Grantee for indexing purposes). WHEREAS, the Declarant is the owner of a certain property acquired by Deed dated August 2, 2004 from Sheppard Investments, L.C., and Futral Investments, L.C., of record in the Clerk's Office of the Circuit Court of Frederick County as instrument number 040015217; and WHEREAS, the Declarant desires to subdivide the same into lots, and an open space parcel, to be designated Twin Lakes Overlook, Phase 9, Section 1, (f/k/a Channing Drive Phase 9, Section 1)as more particularly shown on plat(s) of survey drawn by Richard W. Lentz, Land Surveyor, dated September 10. 2004. attached hereto and by this reference made a part hereof, which property is further described on the Final Master Development Plan of Channing Drive, Phases 9 & 10, as filed in the office of the County of Frederick Department of Planning and Development; and, WHEREAS, it is the intent of the party of the first part to dedicate certain portions of said property for public purposes, including public streets, sidewalks, public water easement, a temporary turnaround easement, storm drainage easements, and sanitary sewer easements, all as shown on the plat(s) of survey drawn by Richard W. Lentz, Land Surveyor, dated September 10, 2004, entitled "Twin Lakes Overlook, Phase 9, Section 1" (the "Plats of Survey"); and, WHEREAS, The Declarant desires to create on the Property a residential community, which shall have permanent open spaces and other common facilities for the benefit of the community; and, WHEREAS, the Declarant desires to create a private sanitary sewer easement for private sanitary sewer service; and WHEREAS, the Declarant and the Association desire to provide for the preservation of the values of the community and such other areas as may be subjected to this Association, and to provide for the maintenance of the open space parcel ("Common Area") and other facilities, and, to this end, declare and publish their intent to subject the Property to the covenants, conditions, restrictions, easements, charges and liens, recorded hereafter, it being intended that they shall run with the Property and shall be binding on all persons or entities having or acquiring any right, title or interest in the Property or any part thereof and shall inure to the benefit of each Owner thereof; and, WHEREAS, the Declarant has deemed it desirable for the efficient preservation of the values of said community to create an association to which shall be delegated and assigned the powers of owning, maintaining and administering the Common Area and facilities, administering and enforcing the covenants and restrictions made in and pursuant to this Deed, and collecting and disbursing the Assessments and charges hereafter created; and, WHEREAS the Declarant has incorporated as a non -stock corporation under the laws of the Commonwealth of Virginia, the Twin Lakes Overlook Community Association, Inc., for the purpose of exercising the functions of the Association. N NOW THEREFORE, WITNESSETH: That for and in consideration of the aforesaid, the Declarant does hereby subdivide and create Lots 81 through 93, inclusive, and Open Space "Parcel G," with a residue, Twin Lakes Overlook, Phase 9, Section 1, as said lots, Open Space Parcel, and residue are set forth on the attached Plats of Survey drawn by Richard W. Lentz, Land Surveyor, dated September 10, 2004, attached hereto and by this reference made a part hereof as if set out in full. NOW THEREFORE, WITNESSETH: That for and in consideration of the aforesaid, the Declarant does hereby dedicate, grant and convey to the Association, that certain open space parcel, "Parcel G", reserving unto itself a sign easement thereon, as shown on the attached Plats of Survey drawn by Richard W. Lentz, Land Surveyor, dated September 10, 2004, attached hereto and by this reference made a part hereof as if set out in full. Said "Parcel G" to be Common Area for the use and enjoyment of members of the Association, and not the public in general. NOW THEREFORE, WITNESSETH: That for and in consideration of the aforesaid, the Declarant does hereby dedicate, grant, and convey a private sanitary sewer easement upon Lot 86 (the "Servient Parcel") for the benefit of Lot 87 ("Dominant Parcel") as shown on the Plats of Survey drawn by Richard W. Lentz, Land Surveyor, dated September 10, 2004, attached hereto and by this reference made a part hereof as if set out in full. Said easement to be for the installation, maintenance, and replacement of a private sanitary sewer line, which is to be installed at such depth so as not to interfere with normal residential use of the Servient Parcel, and not for the benefit of the public in general. The Servient Parcel shall retain the right to make any use of the property over which the above easement is granted, which use may not be inconsistent with the rights granted herein. Driveway installation and landscaping shall not be 3 inconsistent with the rights granted herein. The Dominant Parcel is responsible to repair or pay for any actual damage that may be done to driveways or landscaping while exercising its easement rights. NOW THEREFORE, WITNESSETH: That for and in consideration of the aforesaid, the Declarant does hereby dedicate, grant and convey to Frederick County, and the Frederick County Sanitation Authority, as appropriate, the following: (1) Those certain public streets and public sidewalks designated Canyon Road and Norfolk Court on the attached Plats of Survey drawn by Richard W. Lentz, Land Surveyor, dated September 10, 2004, attached hereto and by this reference made a part hereof as if set out in full; and (2) Those certain water line and sanitary sewer easements as shown on the attached Plats of Survey drawn by Richard W. Lentz, Land Surveyor, dated September 10, 2004, attached hereto and by this reference made a part hereof as if set out in full; and, (3) That temporary turnaround easement, which shall automatically expire when Canyon Road is extended to Aulee Court, as shown on the attached Plats of Survey drawn by Richard W. Lentz, Land Surveyor, dated September 10, 2004, attached hereto and by this reference made a part hereof as if set out in full; and, (4) All storm drainage easements shown on the aforesaid attached Plats of Survey drawn by Richard W. Lentz, Land Surveyor, dated September 10, 2004, attached hereto and by this reference made a part hereof as if set out in full. 4 The Plats of Subdivision and Dedication have been duly approved by the proper authorities of the County of Frederick, Virginia as evidenced by the signatures of its agents affixed thereto. The Declarant reserves the right to make any use of the property over which the public easements herein granted cross, which use may not be inconsistent with the rights herein granted. The County of Frederick, Virginia, its employees and agents, may go onto the easements conveyed to the County of Frederick, Virginia, for the purposes of installing, maintaining, repairing, replacing, inspecting and removing any improvements in or on the easements. No structures or other improvements shall be placed on or in the areas of the easements which may interfere with the use of the easements by the County of Frederick, Virginia. Reservation of Additional Covenants. Declarant reserves the right alone to impose additional restrictive covenants and restrictions on the said lots. Exemption of Declarant. The Declarant shall have the power to adopt and amend this Deed of Dedication restricting and regulating the use and enjoyment of the property or any portion thereof, which may supplement, but may not be inconsistent with the provisions of this Deed of Dedication. The property shall be occupied and used in compliance with the Deed of Dedication. Consent/Acceptance. The Dedication of the land shown on the attached Plat is with the free consent and in accordance with the desire of the undersigned Declarant. The County of Frederick, Virginia, by the signature of its representatives hereon and by the signature of its agents on the attached Plat, does accept the dedication to public domain of the land described as such. WITNESS the following signatures and seals: 5 TOLL VA IV, L.P. GRANTOR By: Its: _(SEAL) COUNTY OF FREDERICK, VIRGINIA GRANTEE (SEAL) Its: The form of this Deed of Dedication has been approved by the County Attorney. By: (SEAL) , County Attorney SANITATION AUTHORITY By. (SEAL) Its: TWIN LAKES OVERLOOK COMMUNITY ASSOCIATION, INC. A VIRGINIA NON -STOCK CORPORATION, GRANTEE 2 By: (SEAL) Its: STATE OF VIRGINIA COUNTY OF FREDERICK, TO -WIT: I, , Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that of Toll VA IV, L.P. whose name is signed to the foregoing DEED OF DEDICATION dated the _ day of , 2005, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this _ day of , 2005. My commission expires STATE OF VIRGINIA COUNTY OF FREDERICK, TO -WIT: I, aforesaid, do hereby certify that Notary Public Notary Public in and for the State and jurisdiction for Frederick County, Virginia, whose name is signed to the foregoing DEED OF DEDICATION dated the _ day of , 2005, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this _ day of , 2005. My commission expires 7 Notary Public STATE OF VIRGINIA COUNTY OF FREDERICK, TO -WIT: I, , Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that County Attorney for Frederick County, Virginia, whose name is signed to the foregoing DEED OF DEDICATION dated the _ day of 2005, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this _ day of , 2005. My commission expires Notary Public STATE OF VIRGINIA COUNTY OF FREDERICK, TO -WIT: I, , Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that , of the Sanitation Authority for Frederick County, Virginia, whose name is signed to the foregoing DEED OF DEDICATION dated the _ day of , 2005, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this _ day of , 2005. My commission expires Notary Public N. a STATE OF VIRGINIA COUNTY OF FREDERICK, TO -WIT: I, , Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that of Twin Lakes Overlook Community Association, Inc. whose name is signed to the foregoing DEED OF DEDICATION dated the day of , 2005, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this _ day of , 2005. My commission expires Notary Public please note: The subdivision plans associated with this file are located in the library. SURD 015-03 MANNING DRIVE, PHASE g e Stonvw+i11 149 Lots, 98.05 Acres